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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~ ,, - ~ CIT Ex 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 ST ST ~'HES~h LA AVE. ~]- OAK E LsJ