HomeMy WebLinkAboutReso 1975-7597•~ , .
RESOLUTION N0. 7597
` i
~_
.: ~.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VI5TA APPROVING ADDENDUM NO. 2 TO THE AGREEMENT FOR
THE CONSTRUCTION OF A STORM DRAIN AND SEWER IN "J"
STREET FROM EA5T PARK LANE TO CHURCH AVENUE IN THE
CITY OF CHULA VISTA, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does here
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that that certain Adde
No. 2 to the Agreement for the construction of a storm drain an
sewer in "J" Street from East Park Lane to Church Avenue in the
City of Chula Vista between THE CITY OF CHULA VISTA, a municipa
corporation, and HUBBARD CONSTRUCTION COMPANY, dated the 14th
day of January 1975, a copy of which is attached hereto and
incorporated herein, the same as though fully set forth herein
and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is hereby authorized and directed to
execute said Addendum No. 2 for and on behalf of the City of
Chula Vista.
Presented and Approved as to Form by
,,
~' ~ ~
v~.. ` .. .~ -- - _ ._~
George l .~ Lin erg, City Atto y
um
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY F CHULA
VISTA, CALIFORNIA, this 14th day of January , 1975 , by
the following vote, to-wit:
AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scot
NAYES: Councilmen None
ABSErdT: Councilmen None
9~ Mayor of
4 )
ATTES~~`.' ~L7Lt~ !~~ _~ ~ n
`~ '~ City Clerk
~~%~
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
e City of Chula Vis
I, , City Clerk of the Ci~
Chula Vista, California, DO HEREBY CERTIFY that the above is a
true and correct copy of Resolution No. and that the same
not been amended or repealed. DATED
of
11,
has
City Clerk
• •
ADDENDUM NO. 2 TO THE AGREEMENT FOR THE CONSTRUCTION
OF A STORK! DRAIN AND SEWER IN "J" STREET FROM EAST
PARK LANE TO CHURCH AVENUE IN THE CITY OF CHULA VISTA,
CALIFORNIA
THIS ADDENDUM N0. 2, made and entered into thisl4th da
of January 1975, by and between THE CITY OF CH L
VISTA, a municipal corporation, hereinafter called "City" a d
HUBBARD CONSTRUCTION COMPANY, 7922 Dagget Street, San Diego
California 92111, hereinafter called "Contractor";
W I T N E S S E T H
WHEREAS, the City of Chula Vista has heretofore, pursu nt
to Resolution No. 6629, adopted on the 24th day of October, 1972,
accepted a bid and awarded a contract to Contractor, Hubbar
Construction Company, for the construction of a storm drain and
sewer in "J" Street from East Park Lane to Church Avenue in the
City of Chula Vista, hereafter called "The Project", and
WHEREAS, Contractor thereafter proceeded with the cons ruction
of said Project i.n accordance with tre terms and conditions of
said contract, and
WHEREAS, on ,day 15, 1973, subsequent to the completion of
said Project, a final inspection thereof was made by the Ci y of
Chula Vista which resulted in the determination that certai defects
existed in the 54" and 48" corrogated metal storm drain and that
such alleged defects precluded the City of Chula Vista from
accepting said Project, and
WHEREAS, after further ir.specti.ons and meetings betwe
City and Contractor, City retained as a special consultant
the firm of Bement-Dainwood-Sturgeon, and
WHEREAS, on July 27, 1973, said special consultant adv'sed
the City of the procedure proposed for the study of said a1 eged
defects and development of methods and needs for corrective
measures in order to place the Project in a condition such -hat
the City of Chula Vista could accept said Project, and
WHEREAS, the City Council of the City of Chula Vista o
August 21, 1973, pursuant to Resolution No. 6987, authorize the
hiring of Bement-Dainwood-Sturgeon to provide the details of said
necessary corrective measures, and
WHEREAS on October 31, 1973, a report was received from~the
special consultant, and
WHEREAS, after further meetings and exchange of views
between the City of Chula Vista, it's Engineering Department
personnel, attorneys and special consultant and the Contract r,
it's attorney and engineering consultant, Section 6 - Addend
to Special Provisions was received from consultants and acce ted
-~ __ ~
.• •
by City and Contractor, a copy of which is marked as Exhibi "A",
and attached hereto and i r.coxTporated herein. by reference as if
set forth in full, and
WHEf~EAS, City now desires that Contractor proceed to
undertake the corrective measures as set forth in said Adde.durr~
to Special Provisions pursuant to the terms and conditions rereafter
set forth.
NUW, THER.EF'URE, it is mutually understood and agr~ed by
the parties hereto as follows:
1. City agrees to pay to Contractor ors or before March 31,
1975, the sum of $27,304.62, which amount has been retained from
the original contract price of $210,730.42. It is understo d and
agreed by City and Contractor that said payment does not co stitute
ar_ acceptance of the Project nor in any way exonerates Cont actor
from proceeding with the work as provided in this Addendum o. 2,
axed that such payment is made ire recognition of the additio al
costs that will be incurred i.n carrying out said remedial a d
corrective work.
2. On or before March 31, 1975, Gcrtractor agree to
commence performance of remedial and corrective measures as set
forth in t'r!e Addendum to Special Provisions from the consul ants'
report (Exhibit "A").
3. Tt is mutually understood and agreed that any extras
ar additional casts incurred by either party subsequent to he dis-
cover~T of the alle<3ed defects in the corrugated metal storm drain
shall be the subject of ongoing diligent negotiations betwe n the
parties; provided, however, that all suc~ rights and intone is
relative to any such extras or additional costs are preserv d.
4. It is further mutually understood and agreed that bl•
virtue of tale er:ecution oi_ thi s ac7reement neither City nor
Contractor assumes, accepts or defines to any extent any de roe
of liability or responsibility for the alleged defects in t e
"J" Street storm drain either fcr themselves or on beYlalf o any
of their agents or employees and that all rights of all par ies
are preserved.
5. It is understood that the purpose of this Addendun~~
is to establish an agreeable procedure whereby any damages resulting
from said defects may be mitigated and the acceptance b~~ Cit
and Contractor of tare Addendur~~~ to Special. Previsions, marked as
Exhibit "A", and the reports of the consultants, Part I date
October 1973 and Part II dated November 1973, marked as Exhi it "B",
attached hereto and incorporated hereirL by reference as if s t
forth in full, in order to provide a basis for tl'~e Contracto to
proceed with the rertiedial work.
6. It is understood and agreed that during the co rse
of such corrective or remedial work and thereafter, both Cit and
Contractor will attempt in a conscientious and mutually adva tageaus
manner to determine the causes of the alleged defects and de~ieiencies
in the storm drainand assess the respective areas and extent of
liabilities and responsibilities for said deficiencies and d fects
aril tixat prior tCl any .~.'L.C~1 inv-e~tigatlana2?d ri±aiY:3ia, xlelthe~ Clty
_.. 2 '"
I r _J
t ~ '~~'`
- _ i
., .
..
nor Contractor .ill reach any unilateral conclusions or
determinations on such matters but shall adhere to the
conditions set forth hereinabove that the rights of all
parties shall be preserved.
7. It is further understood and agreed that Cit
will fully cooperate with Contractor to insure the best pa Bible
working conditio^s for the expeditious completion of the P oject,
e.g., City may, as required, close .all or portions of "J" treet
to traffic in order to assist Contractor in carrying out t e
terms and conditions of this Adcierdu~-n.
IN WIT~;ESS WHEREOF, the parties hereto have caus d this
Addendu,-n to be executed the day and year first hereinabove set
forth.
THE CITY OF CHCT_~~ VISTA
~: ~ ~ ~~~G
l~iayor of the City- of Cizui.a ~ ' sta
ATTEST-~ , ~ ,' ,e ~
~,; " Ci `y lerk ~
Approved as to form by
y ~ City Attiorney
~, ,~
~_., "
1
3 -
HUBBARD C0~1S-'?' .~ CTIO:
r ~ , > ?'
CC `/F ~t ~.
/ ~ --,
=~~`~~
1