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HomeMy WebLinkAboutReso 1989-14119 Revised 5/12/89 RESOLUTION NO. 14119 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING CONTRACT WORK, REPLACEMENT OF EXISTING SIDEWALKS AND DRIVEWAYS AND REMOVAL OF STREET TREES ALONG THE 1100 BLOCK OF HILLTOP DRIVE IN THE CITY OF CHULA VISTA AND ASSESSING LIQUIDATED DAMAGES The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, On June 7, 1988, the City Council by Resolution No. 13601 awarded a contract in the amount of $39,223.43 for the replacement of existing sidewalks and driveways and removal of street trees along the 1100 block of Hilltop Drive to Silver Strand Contractors and has also approved Change Order No. 1, in the amount of $12,000, for replacement of water laterals behind meters as required by the root removal work, and WHEREAS, after considerable difficulties with the project, the contractor completed the work on October 27, 1988 but damaged the existing public improvements as well as portions of the newly installed ones, and WHEREAS, Engineering staff recommended that the contract be accepted by the City Council on December 6, 1988, cognizant of the fact that the work was marginal, howevert Council did not concur with staff's recommendation and directed that the contractor repair the damaged improvements and moved to continue the item to the Council meeting of December 13th, and to place it on the City Council tour that was scheduled for December 10, 1988, and WHEREAS, following the Council tour on December 10th, the matter was again considered by the City Council at its regular scheduled meeting of December 13, 1988, at which time it was clearly indicated by the City Council that the work was not acceptable and staff was directed to take whatever steps necessary to require the contractor to complete the work in a more satisfactory manner, and WHEREAS, the contractor completed "demonstration patches/repairs" at 1112, 1118, 1127, and 1131 Hilltop Drive and the repairs were found to be satisfactory and at Council's direction staff directed the contractor to repair the remaining damaged improvements to the same level of quality as the "demonstration patches", and WHEREAS, the work is now completed, and -1- WHEREAS, Section 6-9 of the Standard Specifications for Public Works Construction (Green Book) states that the contractor shall pay the sum of $100 for each consecutive calendar day in excess of the time specified in the contract and Engineering staff recommends that the liquidated damages be assessed from September 19, 1988, and WHEREAS, under this recommendation, the contractor would have exceeded the allowed time by 52 calendar days and will be subject to liquidated damages totaling ~5200, and WHEREASp the contractor understands staff's recommendation to withhold $5200 from the contractor's 10 percent retention payment. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept the contract work for the replacement of existing sidewalks and driveways and removal of street trees along the 1100 block of Hilltop Drive in the City of Chula Vista. BE IT FURTHER RESOLVED that liquidated damages in the amount of $5,200 are hereby assessed against the contractor. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby authorized and directed to forward a certified copy of this resolution to Silver Strand Contractors. Presented by Approved as to form by J hn P.~ ector of ~a ron City Attorney Works 5677a -2- ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ,4ULA VISTA, CALIFORNIA, this 23 doy of Ma~, 19 89 , by the following vote, to-wit: AYES: Councilmembers Malcolm, Moore, McCandliss, Nader, Cox NAYES: Councilmembers None ABSTAIN: Councilmembers None ABSENT: Counci 1 members None ~the~Cityof~Chulo Visfo ATTEST Clerk ~TE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Colifornio, DO HEREBY CERTIFY thor the obove ond foregoing is o full, true ond correct copy of RESOLUTION N0. 14119 ,ond fhoi the some hos not been omendedor repeoled DATED City Clerk CC-660 ........... e- /,t l / y: