Resolution 1981-36
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W~PDA: rva 04/01/81 ~2G.,.
6767A-272a
RESOLUTION NO. 81- 36
A RESOLUTION CALLING FOR SEALED PROPOSALS AND
FIXING LIQUIDATED DAMAGES FOR FAILURE TO
COMPLETE THE WORK WITHIN TIME SPECIFIED
OBATA INDUSTRIAL PARK ASSESSMENT DISTRICT
RESOLVED, by the City Council of the City of Gilroy, California,
that
WHEREAS, said Council did, on the 27th day of October, 1980,
adopt its Resolution of Intention No. 80-104 to order the construction
of base, pavement, curbs, gutters, street signs, striping, monuments,
barricades, underground serviced street lighting facilities, surface
and subsurface storm drainage facilities, including outfall structures,
sewer mains, manholes with manhole frames and covers, wye branches,
laterals and cleanouts, water mains, valves, tees, hydrants and
services, in said City, all as more particularly described and set
forth in said Resolution of Intention;
NOW, THEREFORE, the City Clerk of said City is hereby directed
to publish once a week for two weeks in the Gilroy - Morgan Hill
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 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, 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 the bidder depositing the same does not, within fifteen
RESOLUTION NO. 81 - 36
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(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 ava~lable 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 calendar 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 12th day of
May, 1981, said time being not less than ten (10) days from the time of
the first publication 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
May 18, 1981.
RESOLUTION NO. 81 - 36
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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 6th day of April,
1981, by the following vote of the members thereof:
AYES, and in favor thereof, Councilmembers:ALBERT, CUNNINGHAM,
LINK, PATE, TAYLOR and GOODRICH.
NOES, Councilmembers:
None
ABSENT, Councilmembers:
HUGHAN.
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APPROVED:
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Mayor
RESOLUTION NO. 81 - 36
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