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RESOLUTION NO. 76-88
A RESOLUTION APPROVING PLANS, SPECIFICATIONS AND CONTRACT
DOCUMENTS, CALLING FOR SEALED PROPOSALS, FIXING LIQUIDATED
DAMAGES FOR FAILURE TO COMPLETE THE WORK WITHIN THE TIME
SPECIFIED, AND ORDERING CHANGES AND MODIFICATIONS
ASSESSMENT DISTRICT NO. 88-1
PHASE I - GRADING and DRAINAGE IMPROVEMENTS
RESOLVED, by the Town Council of the Town of Danville,
California that
WHEREAS, this Council has, pursuant to its Resolution
No. 29-88, A Resolution of Intention to Acquire and Construct
Improvements, adopted on March 31, 1988, undertaken special
assessment and assessment bond proceedings for the acquisition
and construction of certain public improvements;
WHEREAS, as a part of said proceedings this Council
duly approved and adopted an Engineer's Report, including
preliminary plans and specifications for the public
improvements to be constructed;
WHEREAS, in order to call for proposals for the
construction of the first phase of said improvements, the
Engineer of Work has prepared and submitted to this Council a
detailed set of plans, specifications and contract documents
therefor, with his recommendation that the Engineer's Report be
supplemented by the inclusion of said plans, specifications and
contract documents for the first phase of the improvements; and
WHEREAS, this Council has duly considered same;
NOW, THEREFORE, IT IS HEREBY FOUND DETERMINED and
ORDERED as follows:
1. Plans, specifications and contract documents for
the constraction of improvements in the Town entitled "Tassajara Ranch
Assessment District Public Improvement Area Grading,,, dated June 16
1988, prepared by Majors Engineering and on file in the office
of the City Clerk, be, and they are hereby, approved.
2. The Town 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 for the construction
of the public improvements in accordance with said plans,
specifications and contract documents. A copy of the
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. The 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.
3, Not less than the general prevailing rate of per
diem wages shall be paid for any work proposed to be performed
under the contract.
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4. Sealed proposals are hereby called for the
construction of the first phase improvements, all of the work
to be done in strict accordance with the plans and
specifications.
5. 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 Town liquidated damages for failure to
finish the work in accordance with the completion dates
specified 5n the contract. The amount of liquidated damages
shall be calculated, per day, for each and every calendar day's
delay, as follows: For the drop structure and outfail, two
thousand fSve hundred dollars ($2,500.00); for all other work,
two hundred and fifty dollars ($250.00). Additional provisions
with regard to the time of completion and liquidated damages
are set forth in the specifications, which provisions are
hereby referred to and incorporated herein by this reference.
6. The Clerk is hereby directed to post a notice
inviting sealed proposals for the construction of the
improvements, and referring to the plans, specifications and
contract documents on file in the office of the Clerk, in three
public places in the Town, to wit:
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Town Hall
San Ramon Valley Public Library
U.S. Post Office at Danville Square
In addition, the Clerk is hereby directed to publish
once a week for two weeks, with at least 5 days intervening
between publication dates, not counting publication dates, in
the Valley Times, a copy of said notice. Said posting and the
first publication of the notice shall be at least fourteen (14)
days prior to the time herein fixed for opening the proposals.
7. All proposals shall be accompanied by cash,
cashier's or certified check payable to the order of the City
Clerk, amounting to ten percent (10%) of the bid, or by a bond
in said amount and payable to the City Clerk. The amount so
posted shall be forfeited to the Town in case the bidder
depositing the same does not, within fifteen (15) days after
written no~ice that the contract has been awarded to him, enter
into a contract with the Town for the construction of! the
improvements.
8. The sealed proposals shall be delivered[ to the
City Engineer, Town Hall, 510 La Gonda Way, Danville,
California, 94526, on or before 2:00 o'clock p.m. on the 29th
day of June, 1988, said time being not less than fourteen (14)
days from the time of the posting and first publication of the
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notice. Proposals 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 July 7, 1988.
9. All actions of the Clerk heretofore undertaken in
furtherance of the above, including the publishing of[ said
notice, are hereby ratified and approved.
10. The inclusion of the above-entitled plans,
specifications and contract documents for said Phase I of the
improvements into the Engineer's Report approved and adopted as
a part of the proceedings being conducted pursuant to
Resolution of Intention No. 29-88, will not increase the total
amount of the assessment, provide for the elimination or
addition of work or substitutions therein, or exclude territory
from the assessment district. Accordingly, said plans,
specifications and contract documents are hereby ordered
incorporated into the Engineer's Report. The Engineer of Work
is hereby directed to cause said plans, specifications and
contract documents to be included in the Engineer's Report on
file with the City Clerk and the Superintendent of Streets.
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I hereby certify that the foregoing is a full, true
and correc~ copy of a resolution duly passed and adopted by the
Town Council of the Town of Danville, California, at a meeting
thereof he2d on the 20th day of June 1988 by the
following vote:
AYES, and in favor thereof, Councilmembers:
Greenberg, Jagger, Lane, Ritchey, Schlendorf
NOES, Councilmembers: None
ABSENT, Councilmembers: None
ayor
ATTEST:
Clerk
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