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CC Resolution No. 4144.06 WJML:KIJ:PN 5-12-76 , 6 RESOLUTION N0. 4144.6 ~ ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY , ' OF CUPERTINO CAL'LING FOR SEALED PROPOSALS AND . FIXING LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE , THE ~90RK WITHIN TIME SPECIFIED ~ I FELTON ASSESSMENT DISTRICT • r PROJECT N0. 75-6 RESOLVED, by the City Council of the City of Cupertino, California, that WHEREAS, the City Council did, on the 5th day of April, 1976, adopt its Resolution of Intention No. 4144.2 to order the construction of grading, base pavement and wearing surface, Portland cement concrete curbs and gutters, and storm drainage facilities and all auxiliary work appurtenant thereto in said ~City, all as more particularly described and set forth in said Resolution of Intention; ' NOW, THEREFORE, the City Clerk is hereby directed.to publish once a week for two weeks in the Cupertino-Monta Vista Courier, a newspaper published and circulated in said City, a notice invit- ing sealed proposals or bids for the construction of said improve- ments, and referring to the plans and specifications on file in the office of said City Clerk, the fixst publ~ication of which notice shall be at least fourteen days prio.r 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 of the bid, ox 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 an d over and above all statutory exemptions. The amount so posted ~ shall be forfeited to said C1erk in case the bidder depositing the same does not, within fifteen days after written notice that the contract has been awarded to him, enter into a contract wi~th the ~ City. It is hereby determined that in the event the cqntractor, contracting owners include.d, does not complete the work within the time limit specified in the proposed contr.act or within such further time as this Council shall have authori.zed, the contractor or con- ~ tracting owne.rs, as the case may be, shall pay to the 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 th~e comple- tion date specified in said contract.. Additional provisions with regard to said time of completion and liquidated damages are set ' forth in the specifications, which provisio~ns are hereby referre.d to and incorporated herein by reference. ~ 1 ~ Said sealed proposals or bids shall be delivered to th~ ~ City Clerk on or before 2:00 0' clock p. M, on the 16th day of ,Tune , 1976, said time being not less than ~ fourteen days from the tiine of the first publication of said notice. Bids will be publicly opened, examined and declared on said day and hour. YASSED AND.: ~PT~ED at~ a~ regular~~meeting of the City Council of the City of Cupertino this . 18th day of May , 1976, by the following vote: Vote Members of the City Council AYES: Jackson, Nellis, Meyers ~ NOES: None ABSENT:' Frolich, 0'Keefe ABSTAIN: None APPROVED: /s/ Robert W. Meyers Mayor, City of Cupertino ATTEST: /sf Wm. E. Ryder City Clerk • 2. RESOLUTION N0. 4144.6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY i OF CUPERTINO CAL;LING FOR SEALED PROPOSALS AND FIXIVG LIQUIDATED DA`4AGES FOR FAILURE TO COMPLETE THE ~VORK ~VITHIN TIME SPECIFIED ' FELTON ASSESS~NT DISTRICT ~ ~ PROJECT N0. 75-6 RESOLVED, by the City Council of the City of Cupertino, California, that WHEREAS, the City Council did, on the Sth day of April, 1976, adopt its Resolution of Intention No. 4144.2 to order the construction of grading, base pavement and wearing surface, Portland cement concrete curbs and gutters, and storm drainage 'facilities and all auxiliary work appurtenant thereto in said ~City, all as more particularly described and set forth in said Resolution of Intention; ' NOW, THEREFORE, the City Clerk is hereby directed to publish once a week for two weeks in the Cupertino-~ionta Vista Courier, a newspaper published and circulated in said City, a notice invit- . ing sealed proposals or bids for the construction of said improve- ments, 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 fourteen 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 ~he City Clerk amounting to ten percent 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 a.nd two sureties who shall justify before any officer competent to administer a.n oath, in double said amount a.nd over and above all statutory exemptions. The amount so posted shall be forfeited to said Clerk in case the bidder depositing the . same does not, within fifteen 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 withi~n such further time as this Council shall have authori.zed, the contractor or con- ~ tracting owners, as the case may be, shall pay to~the City liquidated damages in the amount of FIFTY ~~a dollars so.oo ) per day for each and every day's delay in finishing the work beyond the comple- tion date specified in said contract. Additional provisions with regard to said time of completian and liquidated damages are set forth in the specifications, which grovisions are hereby referred to and incorporated herein by reference. Said sealed proposals or bids shall be delivered to the City Clerk on or before 2:00 0' clock p.M. on the 16th ,day of June , 1976, said time~being not less than , fourteen days from the tiine of the first publication of said notice. Bids will be publicly opened, examined and declared on ~said day an d hour . PASSED AND..~lDOPTED at.~a regular meeting of the City Council of the City of Cupertino this 18th day of May , 1976, by the following vote: Vote Members of the City Council AYES: Jacksoa, Nellis, Meyers " NOES: None ABSENT: Frolich, 0'Keefe ~ . ABSTAIN: None , APPROVED: /s/ Robert W. Meyers Mayor, City of Cupertino ATTEST: i /s~ Wm. E. Ryder City Clerk • 2.