Resolution 1979-102
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11/08/79
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RESOLUTION NO. 79- 102
A RESOLUTION CALLING FOR SEALED PROPOSALS AND
FIXING LIQUIDATED DAMAGES FOR FAILURE TO
COMPLETE THE WORK WITHIN TIME SPECIFIED
PARKING DISTRICT NO. 2
RESOLVED, by the City Council of the City of Gilroy, California,
that
miEREAS, said Council did, on the 19th day of November, 1979,
adopt its Resolution No. 79-99
of Preliminary Determination and of
Intention to order clearing, grubbing, excavation, grading, removal of
existing trees, shrubs and structures and the construction of base,
pavement, curbs, gutters, sidewalks, surface and subsurface storm
drainage facilities, lighting facilities, wheel stops, striping, signing,
driveway approaches and sprinkler system together with appurtenances to
any of the above, in said City, all as more particularly described and
set forth in said Resolution of Preliminary Determination and of
Intention;
NOW, THEREFORE, the City Clerk of said City is hereby directed to
publish once a week for two weeks in the Gilroy Dispatch, a newspaper
published and circulated in said City, a notice inviting sealed proposals
or bids for the construction of said improvements, and referring to the
plans and specifications on file in the office of said City Clerk, the
first publication of which notice shall be at least ten (10) days prior
to the time fixed for opening bids.
All proposals or bids shall be accompanied by cash, a cashier's or
certified check payable to the order of the City Clerk amounting to ten
percent (10%) of the bid, or by a bond in said amount and payable to said
Clerk signed by the bidder and a corporate surety or by the bidder and
two sureties who shall justify before any officer competent to administer
an oath, in double said amount and over and above all statutory
exemptions. The amount so posted shall be forfeited to said City in case
RESOLUTION NO. 79- 102
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the bidder depositing the same does not, within fifteen (15) days after
written notice that the contract has been awarded to him, enter into a
contract with the City.
Pursuant to Section 1773 of the Labor Code of the State of
California, the City has obtained from.the Director of the Department of
Industrial Relations the general prevailing rate of per diem wages and
the general prevailing rate for holidays and overtime work for each
craft, classification, or type of workman required to execute the
contract. A copy of said prevailing rate of per diem wages is on file
in the office of the City Clerk, to which reference is hereby made for
further particulars. Said prevailing rate of per diem wages will be
made available to any interested party upon request, and a copy thereof
shall be posted at the job site.
It is hereby determined that in the event the contractor,
contracting owners included, does not complete the work within the time
limit specified in the proposed contract or within such further time as
this Council shall have authorized, the contractor or contracting owners,
as the case may be, shall pay to the City liquidated damages in the
amount of One Hundred Dollars ($100.00) per working day for each and
every day's delay in finishing the work beyond the completion date
specified in said contract. Additional provisions with regard to said
time of completion and liquidated damages are set forth in the
specifications, which provisions are hereby referred to and incorporated
herein by reference.
Said sealed proposals or bids shall be delivered to the City Clerk
of said City on or before 2:00 o'clock p.m. on the 4th day of January,
1980, said time being not less than fourteen (14) days from the time of
the first publication and the posting of said notice. Bids will be
publicly opened, examined and declared on said day and hour, and
referred to and considered by the City Council at its meeting at 8:00
o'clock p.m. on January 7, 1980.
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I hereby certify that the foregoing resolution was duly and
regularly adopted and passed by the City Council of the City of Gilroy,
California, at a regular meeting thereof held on the 19th day of
November, 1979, by the following vote of the members thereof:
AYES, and in favor thereof Councilmembers: CUNNING~, HUGHAN,
LiNK, TAYLOR and GOODRICH.
NOES, Councilmembers:
None
ABSENT, Councilmembers:
ALBERT and PATE
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APPROVED:
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Mayor
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