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CC Resolution No. 3101-10 wJ~,:KJmh 9-13-72-35 • . RESOLUTION N0. 3101-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO CALLING FOR SEALED PROPOSALS AND FIXING LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE THE WORK WITHIN TIME SPECIFIED ~CROSSROADS ASSESSMENT DISTRICT PROJECT N0. 71-2 RESOLVED, by the City Council of the City of Cupertino, California, that WHEREAS, on March 6, 1972, said Council adopted i,ts Reso- lution of Intention No. 3101-3 to order the grading, removal of trees, bushes and existing structures, and the construction of pavement, curbs, gutters, sidewalks, storm drainage facilities, sanitary sewerage and water distribution facilities, street and traffic signs, signalization facilities, traffic-island conver- sion, conversion of existing overhead electrical and telephone facilities to underground locations, and all auxiliary work in said City, all ~,s more particularly described and set forth~ in said Resolution of Intention; NOW, THEREFORE, the City Clerk of this City is hereby directed to publish once a week for two weeks in the Cupertino Courier, a newspaper published and circulated in said City, a notice inviting sealed proposa.ls or bids for the construction of said improvements, and referring to the plans and specifica- tions on file in the office of said City Clerk, the first pub- lication of which notice shall be at least fourteen days.prior to the time fixed for opening bidso ~ A11 proposals or b'ids shall be accompanied by cash, a cashier's or certif ied~check payable to the order of the City Clerk, amounting to 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 ,j;ustify 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 fif.teen days after written notice that the contract has been awarded to him, enter into a contract with the City. ~ 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 day for each and every~day's delay in ~ n.shing the work 3101-16 beyond the completion date specified in said contract. Addi- tional 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 this City on or before two o'clock P M. on the 24th day of October , 1972, said time being not less than fourteen days from the time of the first publication of said notice. Bids will be publicly opened, examined and de- clared on said. day and hour and referred to and considered by the City Council at its meeting at 7:30' o'clock P.M. on the 6th day of November , 1972. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18th day of September , 1972, by the following vote: AYES: Councilmen - Irwin, Jackson, Meyers, Sparks, Frolich NOES: Councilmen - None ABSENT: Councilmen - None ATTEST: APPROVED: I J�94�2_ Cit Clerk Mayor, City o upertino K