CC Resolution No. 3873.18
•n • WJML:RJ~ri 9/15/77 ~
' ~ ~ . . . .
~ ~ ~
ti- . .
RESOLUTION N0. 3873.18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CUPERTINO APPROVING PLANS AND SPECIFICATIONS,
ORDERING.PAYMENT OF NOT LESS TfiAN PREVAILING
WAGE SCALE AND CALLING FOR SEALED PROPOSALS AND
~ FIXING LIQUIDATED DAP~GES FOR FAILURE TO COMPLETE ~
THE WORK WITHIN TIME SPECIFIED .
VALLCO PARK ASSESSMENT DISTRICT 1974-1 ~
AND 1974-2 .
RESOLVED, by the City Counci~, of the City of Cupertino,
California, that ~
WHEREAS, on March 17, 1975, this Council adopted its
Resolution of Intention No. 3871.2 to make acquisitions and
improvements, includin.g, among other things, traffic signalization
. at the intersection o.f Vallco Parkway and Tantau Avenue (Assess-
ment District 1974-1) and its Resolution of Intention No. 3873.2
to make.acquisitions and improvements (Assessment Dis.trict 1974-2);
WHEREAS, portions of the improvements for Assessment Dis-
trict 1974-1 have.heretofore been completed, but said traffic
~ signalization has not.yet been constructed; .
WHEREAS,.changes and modifications in the improvements
for Assessment District 1974-2 have heretofore been ordered by
Resolution Nos. 3873.15 and 3873.17, adopted on May 3, 1976, and
September 19, 1977, respectively, and only~a portion of the
acquisitions and.improvemen.ts to be made for Assessment District
1974-2, as so changed and modified, have heretofore been completed;
WHEREAS, plans and specifications for said traffic signali-
zation and all uncompleted improvements to be made for Assessment
District 1974-2, exc.ept.establishment of a riparian habitat in
the earth channel, including landscaping thereof, suitable for
calling for bids for construction of said improvements have been
filed with the City Clerk and submitted for approval by this
Council; ~
WHEREAS, public convenience and necessity require that~con-
struction of the aforesaid improvements included in said plans ~
and specifications now submitted for approval by this Council be
performed pursuant to a single contract; ~
~ 1~ ~ • • ~ ~ ~ ~ • ~ ~ •
1~
WHEREAS, pursuant to Section 1773 of the Labor Code of the
State of California, the general prevailing rate of per diem wages
arid the general prevailing rate for holiday and overtime work for
each craft, classification, or type of workman required to construct
said improvements has been obtained from the Director of the
Department of Industr'ial Relations;
WHEREAS, pursuant to Section 1773.2 of said Labor Code, this
Council has caused said prevailing rate of per diem wages to be
published at least once in a newspaper of general circulation and
a copy of said prevailing rate of per diem wages is on file in the
office.of the Clerk of this City, reference to which is hereby
made for further particulars;
NOW, THEREFORE, IT IS HEREBY.ORDERED as follows: ~
. 1. That said plans and specifications.for the construction .
of said improvements, pr.epared by George S. Nolte & Associates,
and on file in the office of the Clerk of this City, are hereby
approved: .
2. That not less than said general prevailing rate of per
diem wages shall be paid for any work proposed to be performed ~
pu~rsuant.to said plans and specifications; anci that said prevailing
rate of per diem wages shall be made available to any interested
party upon request, and the successful bidder shall post a copy
thereof at the jobsite.
3. Said Clerk is hereby directed to publish once a week for
two weeks in the Cupertino Courier, a newspaper published and
circulated in this City, a notice inviting sealed proposals or
bids for tfie 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
fourteen days prior to the time fixed for opening bids.
4. All proposals or bids shall be accompanied by cash, a ~
c.ashier's or cer.tified check payable to the order of this City
amounting to ten percent of the bid, or by a bond in said amount
and payable to this City 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 this City in.case the kiidder depositing the
same does not, within fifteen days after written notice that the
contract has been awarded to him, enter into the.contract to
construct said ~improvements. ~
. 'S. That in~the event the contractor, contracting owners
included, does not complete the work within the time limit speci-
fied in the proposed contract or within such further time as this
2 ~
. ' • ' ~ ' .
• , , ' ~
~ .
i
Council shall have authorized, the contractor or contracting
owners, as the case may be, shall pay to this City liquidated
damages in the amount of Fifty Dollars ($50.00) 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 iricorporated herein by reference. ~
6. Said sealed proposals or bids shall be delivered to the
Clerk of this City on or before 2:00 p.m., on~October 12, 1977,
said time.being not less than fourteen days from the time of the
first publica.tion of said notice. Bids will be publicly opened,
examined and declared on said day and hour, and referred to and
- considered by this Council at its meeting at 7:30 p.m. on
October 17, 1977..
PASSED AND ADOPTED at a regular meeting of. the City Council of
the City of Cupertino this ~ 19th . day of September , 1977, by the
. following vote:
~Vote Members of th~e Council
AYES: ~Jackson, Meyers, Nellis, 0'Keefe, Frolicli
IdOES : . None
ABSENT: None
. ABSTAIN: . None .
APPROVED : ~
/s/ Donald A. Frolich ~ ~ ~
. . • Mayor, City of Cupertino
ATTEST: .
/s/ Wm: E. Ryder '
City C er
~ 3 . ~