2001/02/27 City Council Resolution (8)RESOLUTION NO. 2001-42
AWARD OF CONTRACT
SIDEWALK ACCESS RAMPS, PHASE I
PROJECT NO.: 1998-09
WHEREAS, on the 22nd day of August, 2000 the City Council awarded the contract for Sidewalk
Access Ramps, Phase I, Project No. 1998 -09, to B -1 Enterprise Corporation by adoption of Resolution No.
2000 -170; and
WHEREAS, B -1 Enterprise Corporation and its surety, Indemnity Company of California, failed to
faithfully prosecute said work in a timely and diligent manner, as documented in correspondence in the file of
this project at the office of the City Engineer; and
WHEREAS, the second lowest bidder, Ghilotti Bros, Inc., has indicated its willingness to enter into a
contract with the City of Rohnert Park for its original bid price and prosecute said work in a timely and
diligent manner.
NOW, THEREFORE BE IT RESOLVED as follows:
1. The decision of the City Engineer, as stated in his letter of February 12, 2001, to exclude B -1 Enterprise
Corporation and Indemnity Company of California from the project premises for their failure to perform
pursuant to Section 8.7 of the City's Standard Specifications, being part of the contract for Sidewalk Access
Ramps, Phase I, Project No. 1998 -09, is affirmed.
2. In mitigation of the damages incurred by the City of Rohnert Park for the failure to ,perform, the City
Council awards a contract for the Sidewalk Access Ramps, Phase I, Project No. 1998 -09 to Ghilotti Bros, Inc.
for $111,594.00.
3. The City Engineer is directed to pursue all of the City's equitable and legal remedies against B -1
Enterprise Corporation and Indemnity Company of California for their failure to perform the work under the
contract for Sidewalk Access Ramps, Phase I, Project No. 1998 -09, including but not limited to the difference
between the contracts in the amount of $23,290.00.
4. That the Mayor of said City is hereby authorized to make and enter into a written contract with Ghilotti
Bros, Inc., and to receive and approve all bonds in connection therewith, and the Clerk of said City is hereby
directed to attest his signature and affix thereto the official seal of said City.
DULY AND REGULARLY ADOPTED this 27th day of February, 2001.
CITY OF ROHNERT PARK
Mayor
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