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HomeMy WebLinkAboutReso 1979-9496+ ~ RESOLUTION NO, 9496 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE LIQUIDATED DAMAGES FOR THE FAILURE ON CHULA VISTA ELECITRIC COMPANY TO COMPLETE THE GYMNASIUM LIGHTING IIN THE TIP'IE PRESCRIBED AND RATIFYING THE ACCEPTANCE OF THE WORK ON DECEMBER 4, 1978 BY THE DIRECTOR OF BUILDING AND HOUSING The City Council of the City of Chula Vista does hereby re olve as follows: WHEREAS, the contract with Chula Vista Electric Company da ed August 1, 1978 for the 'replacement of electric fixtures wi hin the gymnasium area at '.the Parkway Gymnasium was to be com- pl ted by October 23, 1978, and WHEREAS, said agreeanent provided for liquidated damages in th sum of $50 per day for each and every day's delay beyond the da e of completion set for October 23, 1978, and WHEREAS, the contract further stipulated that the City Co ncil could extend the time'for completion and waive the liquidated da ages if it were shown that factors beyond the control of Chula Vi to Electric Company caused a delay in completion time and that wo k was pursued diligently, WHEREAS, although the work was not completed until Decem- be 4 and accepted by the Diriector of Building and Housing at that ti e, it is evident that Chula Vista Electric Company made all di igent effort to insure the completion in accordance with the to ms of the contract, and WHEREAS, it is, therefore, recommended by the Director of Pu lic Works that the Council waive the liquidated damages provi- si ns, extend the time and accept the work. NOW, THEREFORE, BE 'IT RESOLVED by the City Council of the Ci y of Chula Vista that based upon the recommendation of the Director of Public Works, the liquidated damages provisions of the contract fo the installation of lightling in the Parkway Gymnasium with Ch la Vista Electric Company fie, and the same is hereby waived, an the time for completion ol~lf the work is extended for a period of 45 days, and the work is alccepted in accordance with the recom- me dation of the Director of Building and Housing, Presented by W. J. Ro ens, Director o Pu lic Works Approved as to form by George D. Lindberg, City Attorne ADOPTED AND APPROVED 8Y THE CITY COUNCIL OF THE CITY OF GNUL VISTA, CALIFORNIA, this 20th day of February 197 s , by the following vote, to-wiit: AYES Councilmen- Scott. Cox. Egdahl Hvde Gillow NAPE Councilmen None ABST,p-IN: Councilmen None Councilmen None Mayor of the City Hof Chula ATT Clerk STATE OF CALIFORNIA ) COUN Y OF SAN DIEGO ) s s . CITY 0 CHULA VISTA ) I, JENNIE M. FULASZ, CMC', CITY CLERK of the City of Chula Vista, California, DO HE EBY CERTIFY that the above wind foregoing is a full, true and correct copy of DATED ,and 'that the same has not been amended or repealed. (seal) City Clerk 6cc-