HomeMy WebLinkAboutReso 1979-9562RESOLUTION NO. 9562
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA WAIVING THE LIQUIDATED DAMAGES FOR THE FAILURE
OF ROBERT G. FISHER CO. TO COMPLETE THE ~^10RK ON THE
CIVIC CENTER RENOVATION AND RATIFYING ACCEPTANCE OF
THE WORK ON APRIL 4, 1979 BY THE DIRECTOR OF BUILDING
AND HOUSING
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, on Plovember 8, 1977, the City Council, by
Resolution 8881, awarded the contract for renovation of the old
post office/library to Robert G. Fisher Co., Inc., and
WHEREAS, Robert G. Fisher Co, has completed the total
Civic Center renovation project in accordance with the contract
except that the length of time to complete the work was longer
than the 330 consecutive calendar days specified in the contract,
and
WHEREAS, with extensions previously granted by the City
Council, the work was to be completed on P!Iarch 8, 1979, and
WHEREAS, said contract provided for liquidated damages
in the sum of $50 per day for each and every day's delay beyond
the date of completion, 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 Robert G. Fisher Co., and
WHEREAS, although the work was not completed and final
inspection and acceptance made until April 4, 1979, it is evident
that Robert G. Fisher Co. made all diligent effort to insure the
completion in accordance with the terms of the contract, and
WHEREAS, it is, therefore, recommended by the Director
of Building and Housing 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 recommendations of
the Director of Building and Housing, the liquidated damages pro-
visions of the contract for the work on the Civic Center Renova-
tion be, and the same is hereby waived, and the time for completion
of the work is extended 37 days to and until April 6, 1979, and
the work is accepted in accordance with the recommendation of
the Director of Building and Housing.
Presented by
_ - _C .~
ne rady, D' r °-of
Building and using
Approved as to form by
~+ t/
George D. Lindberg, City Attor
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 17th day of_ April
197_2_, by the following vote, to-wit:
AYES CounCilmen_ Mavor Hvde, Gillow Cox
NAYES: Councilmen-- Scott. E~dahl
ABSTAIN: Councilmen None
ABSENT: Councilmen None
i.~c.~.c~SZ. ~1.~~ r--
-'~ Mayor of the City of Chub Vista
,/
Ci y CI k
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) s s .
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
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