HomeMy WebLinkAboutRES NO 33-83RESOLUTION NO. 33-83
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AUTHORIZING CITY ENGINEER TO
NOTIFY CONTRACTOR OF SUSPENSION OF CONTRACT
AND TO TAKE OTHER APPROPRIATE ACTION IN
EVENT CONTRACTOR FAILS TO COMPLY WITH DIREC-
TIVE (CONTRACT NO. 82-197, BOX CULVERT AT
STINE ROAD AND FARMERS CANAL), DECLARING
URGENCY AND AUTHORIZING LETTING OF CONTRACT
WITHOUT ADVERTISING FOR BIDS.
WHEREAS, by Resolution No. 23-83 dated February 9,
1983, this City Council set forth its opinion that ASPHALT PAVING
COMPANY has failed to 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 Contract No. 82-197 (the "Contract") with the
diligence and force specified and intended in and by the terms of
the Contract; and
WHEREAS, written notice of the above-stated opinion of
this City Council was mailed
COMPANY on February 15, 1982,
NO. 23-83; and
WHEREAS,
with Section 6(f)
to and served upon ASPHALT PAVING
by means of a copy of Resolution
said Resolution No. 23-83 specified, in accordance
of the Contract, that should ASPHALT PAVING
COMPANY neglect
compliance with the contract,
within three (3) working days
the City Engineer, the Council
or refuse to provide means for a satisfactory
as directed by the City Engineer,
of the mailing of directions from
shall proceed to suspend the
Contract in accordance with Section 6(f) thereof; and
WHEREAS, such directions from the City Engineer to
ASPHALT PAVING COMPANY were mailed to ASPHALT PAVING COMPANY at
or about noon, Tuesday, February 15, 1982, which directions, in
accordance with Resolution No. 23-83, set forth the sequence of
tasks required to finish the work and specified the equipment and
manpower to be on the jobsite not later than two o'clock p.m. on
Friday, February 18, 1982, and a copy of such directions were
delivered to ASPHALT PAVING COMPANY's Fresno office prior to two
o'clock p.m. on February 15, 1983;
WHEREAS, this City Council does not have another scheduled
meeting until March 2, 1983, and the public convenience and
welfare requires that action be taken prior to such date to
initiate completion of the work required under the Contract
should ASPHALT PAVING COMPANY fail to comply with the City Engineer's
directions.
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Bakersfield as follows:
1. Should ASPHALT PAVING COMPANY, as determined by the
City Engineer, neglect or refuse to provide means for a satisfactory
compliance with the Contract at or before two o'clock p.m. on
Friday, February 18, 1983, as required by the aforesaid directions
from the City Engineer, or neglect or refuse to comply with such
directions at any time after February 18, 1983, and prior to
completion of the work required by the Contract, the City Council
hereby exercises its right under Section 6(f)
upon such neglect or refusal, to suspend the
Contract.
of the Contract,
operation of the
2. Upon suspension of the Contract as provided herein-
above, the City Engineer shall give notice of suspension to
ASPHALT PAVING COMPANY and the City Engineer is hereby designated
as the City Council's representative to take possession of all
ASPHALT PAVING COMPANY's materials, tools, equipment and appliances
upon the premises.
3. Upon suspension of the Contract as provided herein-
above, the City Engineer is directed to contact the surety on
ASPHALT PAVING COMPANY's performance bond to determine whether
such surety is willing and able to undertake the prompt completion
of the remaining work under the Contract.
4. The City Council hereby declares
the work under the contract is deemed to be of
that completion of
urgent necessity
for the preservation of property. Until the work required under
the contract is completed, a detour of public traffic off Stine
Road for a distance of approximately two (2) miles is required.
The City Council has been advised and understands that the delay
in completion of work under the Contract has been and continues
to be detrimental to businesses in the vicinity of the work site.
Without prompt action to complete the work, the economic viability
of such businesses may be compromised. If the City Engineer
determines that the surety on ASPHALT PAVING COMPANY's performance
bond is either unwilling or unable to undertake the prompt comple-
tion of the remaining work under the Contract, he is directed to
proceed to obtain bids for such remaining work through a process
of informal bidding without advertising for bids and to report to
the City Council upon such bids and recommend award of a contract
for such remaining work at the City Council meeting of March 2, 1983.
.......... o0o ..........
~ecoroing requested by and for the
benefit of the Cily af Bakersfield.
When recorded, mail to:
CLERK'S OFFICE
CITY OF BAKERSFIELD
1501 TRUXTUN AVENUE
BAKERSFIELI), CA 93301
025 03
16t
GALE ':;." "' i'lt, h ,
NOTICE OF CESSATION OF LABOR
(Civil Code Section 3092)
.OLi
P 176 R 0~1~/83
TO WItOM IT MAY CONCERN:
YOU ARE HEREBY NOTIFIED as follows:
1. Cessation of labor commenced on or about February 11,
1983.
2.
this notice.
3.
BAKERSFIELD,
California
4.
tLtle.
Such cessation has continued until the recording of
The owner of the work of improvement is the CITY OF
a municipal corporation, 1501 Truxtun Avenue, Bakersfield,
93301.
The nature of the owner's interest or estate is fee
The work of improvement is Iotated at and adjacent
to the intersection of Stine Road and the Farmers Canal in the
5300 block of Stine Road, Bakersfield, Ca.Liforni. a.
6. The name of the qenerat contractor
improvement is ASPHALT PAVING CO.
DATED: March ]4, 1983
APPROVED as to form:
for the work or
CZTY OF BAKERSFIELD
/// ,3'. DALE HAWLEY (/-
%/City Engineer-Public Works
Director