HomeMy WebLinkAboutReso 1979-9536RESOLUTION NO. 9536
RESOLUTION OF TF3E CITY COUNCIL OF THE CITY OF CHULA
VISTA WAIVING THE LIQUIDATED DAMAGES FOR THE FAILURE
OF GREAT ~dESTERN SOLAR CORPORATION TO COMPLETE THE
SOLAR SYSTEM AT THE PARKWAY GYMNASIUM AND RATIFYING
ACCEPTANCE OF THE WORK ON FEBRUARY 14, 1979 BY THE
DIRECTOR OF BUILDING AND HOUSING
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the contract with Great Western Solar Corporation
for the completion of a solar heating system for the Parkway Gymnasium
was to be completed by December 7, 1978, and
WHEREAS, said agreement provided for liquidated damages
in the sum of $50 per day for each and every day's delay beyond the
date of completion set for December 7, 1978, and
WHEREAS, the contract further stipulated that the City
Council could extend the time for completion and waive the liquidated
damages if it were shown that such delay was the result of factors
beyond the control of Great Western Solar Corporation, and
WHEREAS, although the work was not completed and final
inspection and acceptance made until February 14, 1979, it is
evident that the Great Western Solar Corporation made all diligent
effort to insure the completion in accordance with the terms of
the contract, and
WHEREAS, it is, therefore, recommended by the City
Engineer that the Council waive the liquidated damages provisions,
extend the time and accept the work.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Chula Vista that based upon the recommendation of the
City Engineer, the liquidated damages provisions of the contract
for the installation of the solar heating system at the Parkway
Gymnasium with Great Western Solar Corporation be, and the same
is hereby waived, and the time for completion of the work is ex-
tended to and until February 23, 1979, and the work is accepted
in accordance with the recommendation of the Director of Building
and Housing.
Presented by
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r
hn P. Lippitt, C ty Engineer
Approved as to form by
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George D. Lindberg, City Attorney
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 20th day of March
197 9 , by the following vote, to-wit:
AYES: COUnCllmen Mayor Hyde, Councilmen Gillow, Scott, Cox
NAYES: Councilmen None
ABSTAIN: Councilmen None
ABSENT: Councilmen
Egdahl
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Mayor of the City of Chula Vista
. yr
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ATTEST 1z~ __ -~
City Clerk ;
L
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
DATED
(seal)
,and that the same has not been amended or repealed.
City Clerk
CC-660 ~'~~