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1976-109RESOLUTION NO. 76R-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWP�R, FUEL AND WATER, AND PERFORMING ALL WORK NrCES- SARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: UNDERHILL AVENUE PEDESTRIAN OVERCROSSING BLOCK WALL, E/S/O ROUTE 57 FREEWAY, BETWEEN MARDI GRAS AVENUE AND CARNIVAL AVENUE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 865. 1THEREAS, the City Council of the City of Anahei" di,! cause to be published in a newspaper of general circulation, printed, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the 5th and 12th days of February, 1976, a notice inviting sealed proposals for furnish- ing the following: All plant, labor, services, materials and equipment, and all utilities and transportation, including power, fuel and water, and performing all work necessary to construct and complete in a good and workmanlike manner, in strict accordance with'the specifications, plans and drawings therefor on file in the Office of the City Engineer or City Clerk of the City of Anaheim, the following public improvement, to wit; Underhill Avenue Pedestrian Overcrossing Block Wall, East side of Route 57 Freeway, between 'Mardi Gras Avenue and Carnival Avenue, in the City of Anaheim, consisting of clearing and grubbing, the construction of a 12 course block wall and P.C.C. sidewalk, installation of fence posts, application of protective wall coating, lawn reseeding and appurtenant work in accordance with the plans and specifications on file in the Office of the City Engineer, Work Order No. 865. in accordance with the design, plans, profiles and specifications of said public improvement on file in the office of the City Clerk of the City of Anaheim; and WHEREAS, said notice inviting sealed proposals for said public improvement did provide that sealed proposals would be received by the City of Anaheim at the Office of the City Clerk of the City of Anaheim up to the hour of 2:00 o'clock P.M. on the 26th day of 19 76 -, for the furnishing of all plant, labor, services; materials and equipment, all utili- ties and transportation, including power, fuel and water, and performing all work necessary to construct and complete in a good and workmanlike manner, the public improvement hereinabove more -1- particularly mentioned and described, and which notice did state and declare that pursuant to the provisions of Section 1770 of the Labor Code, the City Council of the City of Anaheim had ascer- tained the prevailing rate of wages in the locality in which this type of labor is to be performed for each craft or type of workman or mechanic needed to execute the contract, and which wage scale °-, is on file in the Offices of the City Clerk and City Engineer. WHEREAS, the City Clerk of the City of Anaheim did receive the following sealed proposals prior to 2:00 o'clock P.M. on the 26th day of February , 19 76, in response to the notice aforesaid inviting sealed proposes sem, to wit: NAME TOTAL PRICE JOE KAY DESIGN & CONSTRUCTION COQ ANY . . . . . . . $5,474.75 MASONRY ENGINEERS, INC . . . . . . . . . . . . . . . $6,422.00 D. W. CONTRACTING C01,nP'ANY . . . . . .. . . . . . . . $6,758.00 JADES P. REID . . . . . . . . . . . . . . . . . . . $9,961.00 WHEREAS, due to the low bidder not being properly licensed, the City Council permitted. Joe Kay Design & Construction Company to withdraw their bid without prejudice or penalty and the award was made to the second low bidder. AND WHEREAS, the City Engineer did thereupon examine and tabulate said sealed proposals and did report to the City Council the result of his examination and tabulation; and WHEREAS, the City Council finds that the sealed pro- posal submitted by MASONRY ENGINEERS, INC., 2221 Curry Street, Long Beach, California is the lowest responsible proposal submitted for the furnishing of all plant, labor, services, materials and equipment, all utilities and transportation, including power, fuel and water and performing all work necessary to construct and complete in a good and workmanlike manner, in strict accordance with the spe- cifications, plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim, the public improvement hereinabove mentioned and described, together with the appurten- ances thereto, and as specified in the notice inviting sealed proposals, and that said proposal of said above-named bidder should be accepted and a contract awarded to said bidder in accordance therewith; and WHEREAS, the City Council finds that the above-mentioned sealed proposal is the lowest responsible proposal received and that the person, firm or corporation submitting said proposal is a responsible person, firm or corporation and that the proposal submitted is the best suited and fitted for the public improve- ment to be constructed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the sealed proposal submitted by said contractor for the furnishing of all plant, labor, services, materials and equipment, all utilities and transportation, including power, fuel and water, and performing all work -2- ATTY—I8-A (Page 2 of 3 pages) necessary to construct and complete, in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim and the notice inviting sealed proposals, the public works and improvement hereinabove more particularly men- tioned and described, together with the appurtenances thereto, be, and the same is hereby, accented, and that a contract for the construction and completion of said public improvement be, and the same is hereby, awarded to the said above-named bidder. AND BE IT FURTHER RESOLVED that the successful bidder or bidders upon each contract awarded as hereinabove set forth, shall be, and they are hereby required to execute a contract in the required form with the City of Anaheim upon the terms and conditions specified in the notice inviting sealed proposals and the proposal submitted by said successful bidder or bidders and in accordance with the plans and snecificatinns for said nuhl' ir improvement hereinabove described, and in accordance with the terms, conditions and provisions of this resolution, and that said successful bidder or bidders to whom each contract is awar-lo-1 shall be required to furnish a surety bond in an amount emial to one hundred per cent (100%) of the contract price for all labor, materials and equipment to be furnished and performed, as set forth in the sealed proposal submitted by said bidder for the construction of said public improvement, together with the annur- tenances thereto or such portion thereof as is covered by sai,11 contract, as security for the faithful performance one said contract, and a separate surety bond in an amount equal to one hundred per cent (100%) of the construction cost of said public improvement covered by said contract, as security for the payment of all persons performinq labor and furnishing material for said project. AND BE IT FURTHER RESOLVED that said successful bidder or bidders be, and they are hereby required to furnish to the City of Anaheim in companies satisfactory to the City of Anaheim, public liability, property damage, compensation, and other insur- ance in the amounts and for the purposes set forth and specified in the notice inviting sealed proposals, and subject to the approval of the City Attorney as to form and sufficiency. AND BE IT FURTHER RESOLVED that the Mayor and the City Clerk of the City of Anaheim be, and they are hereby, authorized and directed to make, execute and enter into, for and on behalf of the City of Anaheim, a written contract with said successful bidder or bidders for the furnishing of all plant, labor, materials, and equipment and performing all work, as hereinabove more parti- cularly described, for the construction, installation and 1comnle- tion of said public improvement hereinabove described unon the terms and conditions as specified in the notice inviting sealed proposals, the detailed design, plans, profiles, drawings and general specifications and detailed snecifications and drawings, and all addenda thereto, and all modifications incorporated therein prior to the date of the opening of bids, on file in the Office of the City Clerk of ' the City of Anaheim and in strict accordance and with the terms, conditions and provisions of this resolution, in accordance with all of the contract documents herein specified. THE FOREGGX14G RESOLUTION is approved and signe by ne_ g this 9 -Un day of Ma h, 19.76._- ' A fq ATTEST: CITY CLERK OF THE'CI OF ANKfIEITl ATTY-18-A (Page 3 of 3 pages) -3- -1 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 76R-109 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 9th day of March, 1976, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 76R-109 on the 9th day of March, 1976. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 9th day of March, 1976. CITY CLERK OF THE CYTY OF ANAHEIM (SEAL) I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 76R-109 duly passed and adopted by the Anaheim City Council on March 9, 1976. City Clerk