Resolution 1983-16
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RESOLUTION NO. 83-16
A RESOLUTION CALLING FOR SEALED PROPOSALS AND
FIXING LIQUIDATED DAMAGES FOR FAILURE TO
COMPLETE THE WORK WITHIN TIME SPECIFIED
EAST NINTH STREET ET AL. ASSESSMENT DISTRICT 83-1
RESOLVED, by the City Council of the City of Gilroy, California,
that
WHEREAS, said Council did, on the 4th day of August, 1980, adopt
its Resolution No. 80-71 of Preliminary Determination and of Intention,
as amended, to order the construction of base, pavement, curbs, gutters,
sidewalks, street monuments, street signs, handicap ramps, surface and
subsurface storm drainage facilities, sanitary sewer mains, manholes
with manhole frames and covers, laterals and cleanouts, water mains,
valves, tees, hydrants and services, underground serviced street
lighting facilities, median islands, including sprinkler and irrigation
facilities, and the relocation and/or reconstruction of existing
facilities, together with appurtenances to any of the above, in said
City, a11 as more particularly described and set forth in said
Resolution of Preliminary Determination and 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 City Clerk, the first publication of which notice
shall be at least ten (lO) 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 (lO%) 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
RESOLUTION NO. 83 - 16
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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 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, 7351 Rosanna Street, Gilroy, California, on or
before 10:00 o'clock a.m. on the 29th day of March, 1983, 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 April 4, 1983.
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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 22nd day of
February, 1983, 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
/s/ NORMAN B. GOODRICH
Mayor
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