Loading...
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. Page 1 of 2 Pages o`OAKFaN U � ORIGINA; 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 kb S \\PU¢ dosing\ PURCH\ ADMIN\ Re, oiotons\ AmericanRO adMaiNe,anceSVbaontractoradditl .,10.12- 16docx O AKF Page 2 of 2 Pages 0 9Nr m U p ORIGINAL