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HomeMy WebLinkAbout089-88 RESOLUTION NO. 89-88 A RESOLUTION REJECTING ALL BIDS AND RECALLING FOR SEALED PROPOSALS, APPROVING PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS, 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, in furtherance thereof, this Council did, on June 20, 1988, adopt its Resolution No. 76-88 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, pursuant to which detailed plans, specifications and contract documents were approved for the first phase of said public improvements, and this Council called for sealed proposals for the construction thereof; WHEREAS, pursuant to Resolution No. 76-88, notice inviting sealed proposals was duly published and posted in the time and place specified by law; WHEREAS, at the time set in said notice for receiving sealed proposals, the bids were duly opened, examined and considered, and due to the fact that the bids were significantly in excess of the engineer's estimate therefor it is the recommendation of the City Engineer that all bids for said improvements be rejected and recalled for, and that minor revisions be made in the plans, specifications and contract documents related thereto; and WHEREAS, this Council has duly considered same; NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED, as follows: 1. That all bids on the work for Assessment District No. 88-1, Phase I - Grading and Drainage Improvements, heretofore received be, and the same are hereby, rejected. 2. Plans, specifications and contract documents for the construction of phase one of said public improvements, entitled #Tassajara Ranch Assessment District Public Improvement Area Grading', dated July, 1988, prepared by Majors Engineering and on file in the office of the City Clerk, be, and they are hereby, approved. 2 3. 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. 4. Not less than the general prevailing rate of per diem wages shall be paid for any work proposed to be performed under the contract. 5. 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. 6. 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 3 finish the work in accordance with the completion dates specified in 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 outfall, two thousand five 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. 7. 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: 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. 8. 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 4 posted shall be forfeited to the Town in case the bidder depositing the same does not, within fifteen (15) days after written notice that the contract has been awarded to him, enter into a contract with the Town for the construction of the improvements. 9. The sealed proposals shall be delivered to the City Engineer, Town Hall, 510 La Gonda Way, Danville, California, 94526, on or before 4:00 o'clock p.m. on the 25th day of July, 1988. 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 August 1, 1988. 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. 5 I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the Town Council of the Town of Danville, California, at a meeting thereof held on the 7th day of July , 1988 by the following vote: AYES, and in favor thereof, Councilmembers: Greenberg, Jagger, Ritchey, Schlendorf NOES, Councilmembers: None ABSENT, Councilmembers: Lane Mayor ATTEST: 6