HomeMy WebLinkAboutRES NO 168-16RESOLUTION NO.
168- 16
A RESOLUTION MAKING FINDINGS UNDER SECTION 4109
OF THE PUBLIC CONTRACT CODE, AND APPROVING
ADDITION OF SUBCONTRACTOR TO AMERICAN ROAD
MAINTENANCE ANNUAL CONTRACT, AGREEMENT 16-
064, FOR REASONS OF PUBLIC NECESSITY.
WHEREAS, an Annual Contract for Asphalt Rejuvenator /Sealant was
awarded by the City Council on March 30, 2016, to American Road
Maintenance;
WHEREAS, work has commenced under the contract, and the completion
date will be March 30, 2017; and
WHEREAS, American Road Maintenance has inadequate equipment,
resulting in work delays and time spent correcting performance issues; and
WHEREAS, the asphalt rejuvenator product requires dry, warm
temperature to penetrate asphalt surfaces, the City recommends expeditiously
pursuing the continued contract service before the onset of the winter season;
and
WHEREAS, American Road Maintenance has requested the City to
consider the addition of a subcontractor, Burtch Construction, to the project to
perform the balance of the services for the contract; and
WHEREAS, section 4109 of the Public Contract Code allows use of
subcontractors when no subcontractor was designated in the original bid, if a
written finding is made by the awarding authority setting forth facts constituting
an emergency or necessity.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield
as follows:
The above recitals are true and correct and incorporated herein by
reference.
2. The Council hereby finds that it was necessary for American Road
Maintenance to retain a subcontractor to complete the contract when it was
determined that American Road Maintenance would not be able to complete
the contract satisfactorily and within the time frames as set forth by the contract
for the reasons set forth above.
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3. The Council hereby approves American Road Maintenance's
utilization of a subcontractor to continue services as set forth by the Annual
Contract for Asphalt Rejuvenator /Sealant.
4. That should any provision, section, paragraph, sentence or word of
this Resolution be rendered or declared invalid by any final court action in a
court of competent jurisdiction or by reason of any preemptive legislation, the
remaining provisions, sections, paragraphs, sentences or words of this Resolution
as hereby adopted shall remain in full force and effect.
— 000 - --
HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the Council of the City of Bakersfield at a regular meeting thereof
held on October 12, 2016, by the following vote:
CIO COUNCIL MEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PAR LIER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER �9-
ABSENT: COUNCIL MEMBER --SINom_
ROBERTA GAFFORD, PMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED OCT 12 2016
B
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
B �-
JOSHUA H RUDNICK
Deputy City Attorney
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