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1976-238RESOLUTION NO. 76R-238 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 UTILI'T'IES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECES- SARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: TWILA REID PARK PLAYGROUND EQUIPMENT CONSTRUC- TION, IN THE CITY OF ANAHEIM, WORK ORDER NO. 812. WHEREAS, the City Council of the City of Anahei" did 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 15th and 22nd days of April, 1976, a notice inviting -sealed proposals for furnish- ing the f©Mowing 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: Twila Reid Park playground equipment construction, in the City of Anaheim, consisting of the construc- tion and the installation of all playa equipment; all excavation necessary for the installation of all play equipment indicated on the plans; all concrete re- quired for pour into footings indicated on the plans; and all other appurtenant work in accordance with the plans and specifications on file in the Office of the City Engineer, Work Order No. 8120 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 29th day of April 19 76 , for the furnishinq 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 f -A 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 29th day of April , 19 76, in response to the notice aafesaid inviting sealed proposals, to wit: NAME TOTAL PRICE MAGNUM CONTRACTOR SERVICE . . . . . . . . . . . . . $48,500.00 WESTERN WOOD TOYS/DON RENNER CO. . . . . . . . . . $49,451.00 because the low bidder did not include the required Bid Bond with his proposal, the City Council permitted Magnum Contractor Service to withdraw their • s 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 posal Costa WHEREAS, the City Council finds that the sealed pro- t Dr., is—the lowest responsible proposal submittea ror the zurnisning 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 larly 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 specifications for said. public 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 award(_,. --1 shall be required to furnish a surety bond in an amount eqi.ial to one hundred per cent (1000 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 snit' contract, as security for the faithful performance of said contract, and a separate surety bond in an amount equal to one hundred per. cent (1000 of the construction cost of said public improvement covered by said contract, as security for the payment -of all Persons performing 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 snecifiel 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 '14ayor 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 suc6z40;S_q_f'.1l 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 comnle- 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 ifications 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 with the terms, conditions and provisions of this resolution, and in accordance with all of the contract documents herein specified. THE FOREGOING RESOLUTION is approved and signedme 4th -da of May 1976 Pv this y F THE TY. OF AA1l1HEIN! ATTEST: CITY CLERK OF 'Tff:!TY OF�IAIiEZ1°i ATTY-18-A (Page 3 of 3 pages) -3- STATE OF CALIFORNIA COUNTY OF ORA14CE ss. CITY OF ANAHEIM I, ALOHA 11. TIOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 76R-238 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 4th day of May, 1976, by the following vote of the members thereof: AYES: COUNCIL MEIVMERS: Kaywood, Seymour, Kott, Roth and Thom NOES: COUNCIL I �.=RS: None ABSENT: COUNCIL HEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 76R-238 on the 4th day of May, 1976. IN WITNESS IvRERLOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this lith day of May, 1976. CITY CLEPZ OF THE CITY QrV ANAHEIM (SEAL) I, ALOHA 11. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 76R-238 duly passed and adopted by the Anaheim City Council on May 4, 1976. City Clerk �r