CC Resolution No. 3656.10:Ttu,:Kimh 6-27--74-
RESOL'U'fICN NO.. ;656.10
A RESOLUTION OF THE Ci`."I COUNCIL OF THE CITY OF
CUPERTIATO Cry SLING FOR SEALED PROPOSALS AND
FIXING LT1.),UI i,ITED DAMAGES FOR FAILURE TO
COMPLETE TIiL WORK WITHIN TIME SPECIFIED
DE ANZA CAMPUS OFFSTREET PARKING AND TRAFFIC FACILTTTES
ASSESSMENT DISTRICT
RESOLVED, by the City Council of the City of Cupertino,
California,, that -
WHEREAS, the said Council did, on the 6th day of May, 19'74, adopt
its Resolution of Intention No. 361;6.3, to order the grading er�d ecinT
F,tt-uctio<. of pavement, curbs, gutters, storin drainage facilities,
ni.anting and landscaping facilities complete with automatic sprinkler
it°r•iga,tion systems, lighting facilities, relocation of an existing
buJ_.10,3.ilg , and construction of a foundation structure, together with
modified vehicular accesses and all auxiliary wont 3_n said City, all
as more pa.rti.cularly described and set forth in said Resolution of
In t �• l; i, s. ors.
NOW , THT"REF'ORE, t?ie City Clark of this City is hereby directed to
pub'1. _r_-h once a week for two weeks in the Cupertino Courier, z news-
p,?per published and circulated in said City, a notice inviting sealed
p-lropo,3als or bids for -tile construction of ^;yid improvements, and refer-
ring to the plans and Specifications on file in the office of the City
Clerk, the first publication of which not.ice 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 the City Clerk artlolinting to
ten percent (10 0) 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
se.Ad City 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, con--
t.racting owners included, does not co,np'_ete the work within the time
limit specified in the proposed contract; or within such further tune
as this Council shall have authorized, the co-ntractor or contracting
owners, as the case may be, shall pay to the City liquidated damages
in the amount of (See Exhibit "A") Dollars ($ ) per
day for each and every dayTs delay in TiiiT_s_Fii.g the work 'Fe_Trc.-nd_the
completion date specified in said contract. Additional pro,%ilLsions
with regard to said time of completion and liquidated damages are -set
forth in the specifications., which provis-tons are hereby referred to
and ineporated herein by reference.
Said sealed proposals or bids shall be delivered to the City
Clerk of this City on or before 2:00 o'clock P , M. on the 31st
day of July , 1974, said me b ng not less than fourteen
days from he tim �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 Council at its meeting at
7:30 o'clock P.M., on Augusts , 1974.
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Cupertino this 2xd___ aciv of •T„ IY- y 1974, by the
following; vote:
.,tiYES: Counciltr_en - Jackson, Meyers, Nellis, Sparks
NOES: Councilmen -• None
ABSENT: Councilmen .- Frolich
ATITES111
Cit
2
r � I
Exhibit "A"
DE ANZA COLLEGE OFFSTREET PARKING AND TRAFFIC FACILITIES
ASSESSMENT DISTRICT
The amounts established and agreed as liquidated damages are two
hundred dollars ($200.00) per day for each and every calendar day's
delay in completion of the work involved in Priority Phase I and Phase
2 and three hundred dollars ($300.00) per day for each and every
calendar day in excess of the number of calendar days prescribed herein
for the total project. The two amounts are not additive.