HomeMy WebLinkAboutRES NO 23-83RESOLUTION NO. ~-83
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD SETTING FORTH OPINION AND DETERMINA-
TION OF COUNCIL RE FAILURE OF ASPHALT PAVING
COMPANY TO PROSECUTE WITH DUE DILIGENCE WORK
UNDER CONTRACT NO. 82-197 (BOX CULVERT AT STINE
ROAD AND FARMERS CANAL).
WHEREAS, Asphalt Paving Company (hereinafter, "Asphalt")
entered into Contract No. 82-197 with the City of Bakersfield
(hereinafter, the "Contract") dated November 17, 1982 under which
Asphalt agreed to diligently prosecute the work (construction of a
box culvert at Stine Road and Farmers Canal) to completion before.
the expiration of twenty-five (25) working days; and
WHEREAS, the City Engineer has reported to this Council
and the Council hereby finds as follows:
1. Though the City, through the City Engineer, has
allowed Asphalt an additional eight (8) days for completion,
Asphalt is as of this date twenty-one (21) days beyond the time
for completion of the work required under the Contract, and no
early date of completion can now be expected.
2. Asphalt has failed to prosecute the work under the
Contract with the diligence specified and intended in the Contract,
having failed to maintain regular working hours on the project,
having failed to provide a sufficiently large and sufficiently
trained work force on those days when any work force was provided,
and having failed to provide proper quality in the work that has
been completed.
3. By entering into the Contract, Asphalt specifically
agreed to so conduct its operations as to cause the least possible
obstruction and inconvenience to public traffic. Until the work
required under the Contract is completed, a detour of public
traffic off Stine Road for a distance of two (2) miles is required.
Yet Asphalt continues the delay and practices cited above, causing
unnecessary obstruction and inconvenience to public traffic.
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Bakersfield as follows:
1. It is the opinion of the City Council of the City
of Bakersfield that Asphalt Paving Company has failedto supply
adequate working force, failed to maintain a regular work schedule,
failed to provide a work product of reasonable quality and has
otherwise failed to prosecute the work required under the Contract
with the diligence and force specified and intended in and by the
terms of the Contract; and
2. Written notice of the above-stated opinion of this
Council shall be served on Asphalt Paving Company by means of a
copy of this Resolution; and
3. Service of a copy of this Resolution upon Asphalt
Paving Company shall constitute notice to Asphalt Paving Company
that should it neglect or refuse to provide means for a satisfactory
compliance with the Contract, as directed by the City Engineer,
within three (3) working days of the mailing of directions from
the City Engineer, the Council shall, proceed to suspend the Contract
in accordance with Section 6(f) of the Contract Specifications.
.......... o0o ..........
I 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 the 9th day of February, 1983, by
the following vote:
AYES: COUNCILMEN: BARTON, CHRISTENSEN, MEANS, pAYNE, pATTY, ROCKOFF, STRONG
ABSENT, COUNCJLMEN,
ABSTAINING, COUNC~LMEN~
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Council of the City of Bakersfield
the
APPROVED ~-his 9th day of February, 1983
City ld
APPROVED as to form:
AJS: mro
2-2-83
2-4-83
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