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HomeMy WebLinkAbout78-069RESOLUTION NO. 78-69 RESOLUTION OF THE CITY COUNCIL DIRECTING THE CITY CLERK TO POST AND PUBLISH THE NOTICE INVITING BIDS FOR PUBLIC IMPROVEMENT CONSTRUC- TION WORK AND DECLARING THAT THE PROPOSALS ARE TO BE OPENED AT A PUBLIC MEETING AND REPORTED TO'THE LEGISLATIVE BODY AT THE NEXT REGULAR ~ETING OF THE CITY COUNCIL AND APPROVING CONDITIONS OF BID. THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA pursuant to the provisions of the "Improvement Act of i911", being Parts 1, 2 and 3 of Division 7 of the Streets and Highways Code of the State of California, DOES HEREBY RESOLVE as follows: SECTION 1. The City Clerk of said City is hereby directed to post conspicuously for five (5) full days on or near the Council Chamber door of said City Council, in the manner and form required by said Code, a Notice Inviting Sealed Proposals or Bids for the construction of certain works of improvement in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 242 [LA BONITA/R0SITA] (hereinafter referred to as the "Assessment District") and the City Clerk is directed and ordered to publish twice in THE REGISTER , a newspaper of general circulation in said City and here- by designated by said City Council for that purpose, a Notice inviting such proposals or bids for doing the said work and referring to the specifications on file. SECTION 2. The proposals or bids shall be delivered to the PURCHASING AGENT , and opened and examined by said officer at a public meeting so called by the City Clerk; and the results of the bidding shall then be reported to the legislative body at the ne~t regular meeting after the opening of the bids. SECTION 3. In the event the work is not completed within the time limit specified in the contract or within such further time as may be extended, the City shall charge the contractor Liquidated Damages in the net amount of $ 100.00 for each day of delay until the work is completed. SECTION 4. A copy of the Notice inviting sealed proposals, entitled NOTICE INVITING SEALED BIDS, is on file in the Office of the City Clerk, and the terms and conditions of said Notice Inviting Sealed Bids are hereby approved and adopted. RESOLUTION NO. 78-69 PAGE TWO SECTION 5. The legislative body has obtained the general pre- vailing rate of per diem wages in accordance with law to be paid for the construction of the above entitled improvements. The schedule has been ob- tained from the Director of the Department of Industrial Relations, pursuant to the provisions of Section 1773 of the Labor Code of the State of California, and reference is hereby made to copies thereof on file in the Office of the City Clerk, which said copies are available to any interested party upon request. Further, a copy shall be posted at each job site during the course of construction. SECTION 6. APPROVED and The City Council will also provide the unqualified legal opinion of F. MACKENZIE BROWN, Attorney at Law, attesting to the validity of the proceedings and the enforceability of the bonds; said opinion shall be paid for by the City and shall be delivered' to the contractor or his assigns upon the delivery of said bonds in the manner as provided under th~ "Improvement Act of 1911", being Division 7 of the Streets and Highways Code of the State of California. ADOPTED this 5th day of June, 1978 ' CITY OF SANTA ANA STATE OF CALIFOkNIA ATTEST: CITY CLERK CITY OF SAN~A ANA STATE OF CALIFOrnIA 12- RESOLUTION NO. 78-69 PAGE THREE CITY OF SA~TAANA NOTICE INVITING SEALEP BIDS ASSESSMENT DISTRICT NO. 242 PROCEEDINGS Pursuant to the provisions of the "Improvement Act of 1911", being Division 7 of the Streets and Highways Code of the State of Cali- fornia, and to the Resolution Authorizing the Call for Bids, passed and adopted by the City Council of the CITY OF SANTA ANA California, directing this Notice, said Council hereby invites sealed bids and proposals for doing the following: WORKS OF IMPROVE~[ENT The contemplated works of improvement shall consist generally of the following: The construction of certain street improvements, including paving, grading, curbs and gutters, driveway approaches, sidewalks and street trees, together with appurtenances and appurtenant work in a special assessment district in the CITY OF SANTA ANA known and designated as ASSESSMENT DISTRICT NO. 242 [LA BONITA/ROSITA] as described in Resolution of Intention No. 78-68 in the above entitled matter, adopted on the 5th day of JUNE. 1978 , and said Resolution of Intention is hereby referred to for a descrip- tion of said work and improvement, the grades to which it is to be done, a description of the District to be assessed to pay the costs and expenses thereof, the bonds to be issued, and for all further particulars contained in said Resolution of Intention. Reference is hereby further made to the plans and specifications and detailed drawings for said work referred to in said Resolution of Intention. PREVAILING WAGES NOTICE IS FURTHER GIVEN that the legislative body has obtained the general prevailing rate of per dieum wages in accordance with law to be paid for the construction of the above entitled improvements. The schedule has been obtained from the Director of the Department of Industrial Relations, pursuant to the provisions of Section 1773 of the Labor Code of the State of California, and reference is hereby made to copies thereof on file in the Office of the City Clerk, which said copies are available to any interested party upon request. Further, a copy shall be posted at each job site during the course of construction. RESOLUTION NO. 78-69 PAGE FOUR BID SECURITY All proposals or bids shall be accompanied by a check payable to the City and certified by a responsible bank or a cashier's check made payable to said City, f6r an amount which shall be not be less than ten percent (10%) Of the aggregate of the proposal, or by a bond for said amount and so payable, signed by the bidder and two sereties, who shall justify before any officer competent to administer an oath, in double the said amount and over and above all statutory exemptions, or by a corporate Surety Bond. PROPOSALS Said proposals or bids shall be delivered to the Purchasing Agent of the City of SANTA ANA , California, on or before the 6th day of' ' JULY~ 1978 , at the hour of o'cloc---~-~.M. Of ~id d~t'e, said .time being not less than ten (10) day--the time of the first publication or posting of this Notice. Bids will then be opened on said day and hour at a public meeting so called and presented to the legislative body at the next regular meeting of said City Council. Bids will be opene~ by the City Clerk on said day and hour at a public meeting in the Council Chambers of said City. The City Council reserves the right to reject any and all proposals or bids, should it deem this necessary for the public good, and also the bid of the bidder who has been delinquent or unfaithful in any former contract with the City. Proposals must be submitted on the blank forms prepared and furnished for the purpose and which may be obtained at the Office of the City Engineer. Bidders may obtain copies of the plans, profiles and spe- cifications for the contemplated improvement, and for further infor- mation and copies of specifications, drawings, bidding instructions and requirements, apply to the Office of the City Clerk. PROCEEDINGS The attention of all bidders is directed to the fact that this is not a cash contract but is a contract under the "Improvement Act of 1911" being Division 7 of the Streets and Highways Code of the State of California, and payment will be made in accordance with the provisions of said Act. BONDS The Contractor will be required to furnish with the contract a Faithful Performance Bond in the amount of 100 % of the agg- regate amount of the bid, and a Labor and Materia~ Bond in the amount of 50 %. The Contractor will also furnish certificates of insurance evidencing all insurance coverage as required by the specifications has been so secured. Further attention is directed to the following: The City will provide, at no expense to the Contractor or his assigns, the unqualified legal opinion of F. 5~CKENZIE BROWN, Attorney at Law, attesting to the validity of the proceedings and the enforceability of the bonds. Said opinion will be delivered at the time of delivery of bonds. -2- RESOLUTION NO. '~8-69 PAGE FIVE The City waives the collection of any preliminary incidental expenses that would be due upon execution of the Contract, and all incidental expenses under these proceedings will be due and payable by the Contractor or his assigns upon con- firmation of the assessment roll and delivery of the assess- ment warrant. The City will provide progress payments fro~ the cash con- tribution to pay for certain completed portions of the works of improvement, and for particulars as to the procedure and method of payment, reference is made to the specifications for this Assessment District as previously adopted by this City Council. DATED: 3une 5, 1978 CITY CLERK CITY OF SANCTA ANA STATE OF CALIFORNIA -3- RESOLUTION NO. 78-69 PAGE SIX STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF SANTA ANA I, FLORENCE I. MALONE, City Clerk of the City of SANTA ANA, California· DO HEREBY CERTIFY t~%~he foregoing Resolution, being Resolution No. - , was duly passed, approved and adopted by said City Council, app- roved and signed by the.Mayor, and attested by the City Clerk, all at a Regular meeting of said City Council held on the' ' 5th' day of Jdn~, i978 , and that the same was passed and adopted by the following vote, to-wit: AYES: Yamamoto, Brandt, Bricken, COUNCILMEN: 0rtiz, Evans, Gart'he, Ward NOES: COUNCILMEN: None ABSENT: COUNCI~N: None Executed this 5th Ana, California. day of June, 1978 · at Santa CITY CLEP/( CITY OF SANTA ANA STATE OF CALIFORNIA [SEAL]