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Resolution 1982- 56 ~892A~355a . WM~A:rva 02/10/8~ l~c RESOLUTION NO. 82- 56 A RESOLUTION CALLING FOR SEALED PROPOSALS AND FIXING LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE THE WORK WITHIN TIME SPECIFIED LAS ANIMAS TECHNOLOGY PARK ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of Gilroy, California, that WHEREAS, said Council did, on the 1st day of February, 1982, adopt its Resolution of Intention No. 82-13, as amended, to order clearing, grubbing, grading, removal of existing trees, shrubs and structures and the construction of base, pavement, curbs, gutters, walkways, headers, barricades, street signs, street monuments, water mains, valves, fittings, hydrants and water services, improvements to Well No. 7 including pump house, telemetry, water line to street, drainage pipe and other necessary service improvements, conduits, underground conduit and structures for telephone communication service, facilities for channeling, merging, stacking and turning and controlling traffic, concrete islands, pavement painting and striping, street lighting including elecroliers, conduit, pull boxes and wiring, landscaping, including sprinkler and irrigation systems, sanitary sewer mains, manholes with manhole frames and covers, cleanouts, wye branches and laterals, storm drain mains and catch basins in said City, all as more particularly described and set forth in said Resolution of Intention, as amended; 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 tixed for open~ng 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 (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 Four Hundred Dollars ($400.00) per 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. -2- . . . . # 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 30th cay ot A 1 1982, said time being not less than ten (10) days from the time pri , 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 1'1a y. 3 , 198 2 . * * * * * I hereby certify that the foregoing resolution was duly and regularly adopted and passed by the City Council of the City of Gilroy, adjourned California, at a/regular meeting thereof held on the 13th day of April , 1982, by the following vote of the members thereof: AYES, and in favor thereof, Councilmembers: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH. NOES, Councilmembers: None ABSENT, Councilmembers: None APPROVED: 7f~<~ Mayor -3-