HomeMy WebLinkAboutAgenda Statement 1975/01/14 Item 12
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CHULA VISTA CITY COUNCIL MEETING OF: January 14, 1975
A~~NDA ITEM N0. [ 12 ]
ITEM TITLE: Resolution - Approving Addendum No. 2 to the Agreement for the
Construction of a Storm Drain and Sewer in "J" Street
INITIATED BY: City Attorney
R~('KrR(1TTNll
The City of Chula Vista has negotiated an addendum to the agreement for the
installation of drainage facilities in "J" Street. As Council is aware, the
consultants employed by the City have located a substantial number of defects
which must be corrected.
The understanding which has been reached with the contractor, L. R. Hubbard, Jr.,
is that we will proceed as soon as the rainy season concludes which should be
in early April to make all necessary repairs on said drainage facility. During
the course of reconstructing the facility where needed both the City and con-
tractor will carefully analyze the defects and determine the causes of the defects
and the responsibilities for such defects.
It is the position of the City that full responsibility for such problems is
that of the contractor, however, it is apparent that the matter will be liti-
gated. In order to prepare for such litigation, it will be necessary to have
a comprehensive analysis of the defects and the causes. Therefore, it is deemed
by the City Attorney's office and the Director of Public Works that in order to
facilitate the most expeditious repair of the facility that the work should go
forward as soon as possible and that both parties would preserve all of their
rights regarding the issues of responsibility for the defects, which matters
would be subsequently resolved through the legal process after the repairs have
been completed. The addendum to the agreement has been prepared by the City in
cooperation with the contractor's attorney and executed by Hubbard Construction
Company.
ATTACHED: Resolution [X] Ordinance [ ) Agreement [X] Plat [ )
See EXHIBITS [X] No. 1=2
Financial Statement: N/A
Commission-Board Recommendation: N/A
artment Head Recommendation: Approval of Resolution
Citv Manager Recommendation:
Concur