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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. f � 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. i NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of r 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 1 i APPROVED AS TO FORM: i CITY ATTORNE I i 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 i