HomeMy Public PortalAbout04-036 RESOLUTION NO. 04-036
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA,
TERMINATING THE CONTRACT WITH DENNIS J. AMOROSO CONSTRUCTION
CO., INC. FOR THE STEVENSON PARK GYMNASIUM PROJECT AND
AUTHORIZING AND DIRECTING CITY STAFF TO GIVE NOTICE OF TERMINATION
AND TAKE ALL OTHER ACTION IN ACCORDANCE WITH THE CONTRACT.
WHEREAS, on September 4, 2002, the City of Carson and Dennis J. Amoroso
Construction Co., Inc., entered into a contract ("Contract") for the construction of the
Stevenson Park Gymnasium Project ("Project").
WHEREAS, Dennis J. Amoroso Construction Co., Inc., has failed and refused to
supply an adequate work force and prosecute the Project work with diligence, speed,
and force specified and intended by the terms of the Contract.
WHEREAS, General Provision 6-4 of the Contract authorizes the City Council to
find that Dennis J. Amoroso Construction Co., Inc., is in default of the Contract if the
City Council determines that Dennis J. Amoroso Construction Co., Inc., has failed or
refused to supply an adequate work force or prosecute the Project work with diligence,
speed, or force specified or intended by the terms of the Contract.
WHEREAS, General Provision 6-4 of the Contract requires that after finding and
determining that Dennis J. Amoroso Construction Co., Inc. is in default of the terms of
the Contract, that the City give Dennis J. Amoroso Construction Co., Inc. and its surety
on its performance bond five (5) days from receipt of notice of default to cure the
default.
WHEREAS, by Resolution No. 04-027, the City Council found Dennis J.
Amoroso Construction Co., Inc in default of the terms of the Contract.
WHEREAS, notice of default was transmitted on February 4, 2004 by next day
mail to Dennis J. Amoroso Construction Co., Inc. and its surety on the performance
bond.
WHEREAS, Dennis J. Amoroso Construction Co., Inc. and its surety failed to
� cure the default within the five (5) days of receiving the notice of default.
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� WHEREAS, General Provision 6-4 provides that the City may, without prejudice
to any other right or remedy and after giving notice, terminate the Contract.
WHEREAS, General Provision 6-4 of the Contract provides that the decision of
the City Council shall be binding on all parties to the Contract.
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NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
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Carson, as follows:
Section 1. The above recitals are true and correct.
Section 2. Pursuant to General Provision 6-4, sufficient grounds exist to
terminate the Contract because Dennis J. Amoroso Construction Co., Inc., has failed
and refused to supply an adequate work force and prosecute the Project work with
diligence, speed, and force specified and intended by the terms of the Contract, and
Dennis J. Amoroso Construction Co., Inc. and its surety on the performance bond failed
to cure the default within five (5) days after said notice of default was received.
Section 3. Pursuant to General Provision 6-4, the. Contract with Dennis J.
Amoroso Construction Co., Inc., is hereby terminated.
Section 4. In terminating the Contract, the City specifically reserves all rights
and remedies it may have under the Contract and terminating the Contract pursuant to
General Provision 6-4 shall not be deemed to be a waiver and/or release of any right or
remedy that the City may have under the Contract and/or the performance and payment
bonds.
Section 5. City Staff are authorized and directed to give Dennis J. Amoroso
Construction Co., Inc., and its surety on its performance bond notice of termination and
to take any and all other action provided for in General Provision 6-4.
PASSED, APPROVED, and ADOPTED this 18th day of February, 2004.
MAY PRO TEV
ATTEST:
i CLE'RK
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APPROVED AS TO FORM:
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CITY ATTORNE I
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inn^rrnnci�n��n A
Resolution No. 04-036
Page 3 of 3
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss. ,
CITY OF CARSON )
I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole .
number of members of the City Council is four; that the foregoing resolution, being Resolution No. 04-036
as duly and regularly adopted by said Council at a special meeting duly held on the 18th day of February,
2004, and that the same was passed'and adopted by the following vote:
AYES: COUNCIL MEMBERS: Mayor Pro Tem Calas, Dear, and Santarina
NOES: COL7NCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Raber
City Clerk, City of Carson,f alifornia
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