The Gratuitous Promise

The Gratuitous Promise: not worth anything, but I'm making it anyway!.........My thoughts as a stay-at-home mom turned law student, who just passed the California bar exam.

Monday, July 31, 2006

Forcing the Issue

I think it was a couple of months ago that I wrote a letter to the editor of the local paper about the delayed construction on a major street (that I must use multiple times every day) here in town. While my letter was published, I didn't get any response, so I wrote to my city councilman (with a link to my letter on the paper's website) and pushed him on the issue. He wrote back about a press release he was issuing regarding the matter. According to him, city crews had been directed to start finishing up the project at the beginning of July.

Once we got to July 13 and I saw no action, I emailed him again and asked what was going on. He wrote back, saying that he was going to have someone call me. I received calls from both the public works director and the city's construction manager. Both told me that the city was pursuing this action on 2 fronts- trying to settle with the surety (who could hire a company to complete the work) and going out to bid to hire a different company to finish it. I was told that city crews could not do that job, as the intersection of Herndon and Van Ness, according to them, has to come out 16", and the city crews aren't experienced with doing that.

I was given their names, phone numbers, email addresses, etc., so I could call them whenever I had a question. I also have other contacts in the city, however, and found out from one of them that a meeting about the public bid had been cancelled because the surety made a deal with a company from Dos Palos to do the work. The problem was, according to my source, that this company does not have experience with this type of job, and is more familiar with ag/farm construction projects.

I then emailed the public works director asking about this development, and if the city could reject a company that the surety picks, if they aren't qualified. After not getting a response and wondering why, I noticed in the paper the other day that this person, the public works director, had resigned, effective the day after I emailed him.

I then forwarded my email I had sent to him on to my city councilman and the assistant public works director, asking for their answer, since the director was no longer available. The councilman wrote back saying that the assistant would be in touch. I received a couple of messages when I was out of town from the construction manager, and just got off the phone with him. There was an article in yesterday's paper about all of this, and I asked him if it was true that the surety did not have a deal with a company in Dos Palos. He said they had been very close, but when it got to indemnification, they couldn't agree, and now are talking with a second company. He said that the city can't wait for the surety any more, and IS going to public bid. The bids are due August 10 and being awarded August 22, hopefully with work starting by September 5 and finished by Thanksgiving.

As long as I've gotten involved, I see no reason to stop forcing them until this is complete. I am SOOO tired of driving through this mess and my only hope is they get so sick of hearing from me that they want to get this taken care of and behind them. Yes, get used to me Brian, Jon and Efren. I'm going to bug you until this is DONE!

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