HomeMy WebLinkAboutReso 1994-17740 RESOLUTION NO. 17740
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA WAIVING FORMAL COMPETITIVE BIDDING
REQUIREMENTS AND APPROVING A SETTLEMENT WITH
AMWEST SURETY COMPANY IN A FORM TO BE APPROVED BY
THE CITY ATTORNEY WHICH WILL PROVIDE FUNDING FOR
THE LANDSCAPING CONTRACT WITH BROOKWOOD
LANDSCAPE, INC. AND AUTHORIZING THE MAYOR TO
EXECUTE SAME
WHEREAS, landscaping of slopes adjacent to the Chula Vista Auto Park Project was
part of the preliminary work to be completed by the former property owners in order to
provide erosion control; and,
WHEREAS, in the transfer of title of the property and grading responsibilities from the
former property owners to the Chula Vista Auto Park owners, the responsibility for completion
of the landscape work was not specified; and,
WHEREAS, although most of the grading work has been completed, the landscape
work has not been completed thereby causing a potential slope erosion; and,
WHEREAS, the Amwest Surety Insurance Company (the "Surety") has issued bonds
securing the grading and landscaping improvements totalling $273,408.00; and,
WHEREAS, the former property owner has bid out the landscape work and Brookwood
Landscape, Inc. was determined to be the lower bidder; and,
WHEREAS, City staff has negotiated with the Surety to fulfill the obligation to
complete the landscape work; and,
WHEREAS, the Surety has offered to pay S50,000 to the City subject to the City
letting the contract and overseeing the work and releasing the Surety from all further
obligations related to this project; and,
WHEREAS, the Surety's monetary offer is adequate to complete the landscape work;
and,
WHEREAS, completion of the landscape work is timely to provide erosion control
during the rainy season.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does
hereby find, order, determine and resolve as follows:
SECTION 1. Formal bidding requirements for completion of the Auto Park erosion control
landscape work are hereby waived due to the fact that the subject work was
bid out by the former property owners, the work is being carried out by the City
Resolution No. 17740
Page 2
on behalf of, and subject to, a settlement agreement with the Amwest Surety
Insurance Company which will provide funding for the landscaping contract
with Brookwood Landscape, Inc.
SECTION 2, A contract to complete the Auto Park erosion control landscape work is hereby
awarded to Brookwood Landscape, Inc., known as document number C094-
257, a copy of which is on file in the office of the City Clerk, for an amount not
to exceed (;50,000 and the Mayor is authorized to execute same in a form
subject to final approval of the City Attorney.
SECTION 3. Awarding of the contract is conditioned upon execution of the settlement
agreement with the Arewest Surety Insurance Company providing the funds to
complete the landscape work.
SECTION 4. A settlement agreement with the Arewest Surety Insurance Company is hereby
approved in a form to be approved by the City Attorney which will provide
funding for the landscaping contract with Brookwood Landscape, Inc., and the
Mayor is authorized to execute same.
Presented by i~/)/~ ~
Appro d as to for / y z~
Chris Salomone . Boogaard
Community Development Director City Attorney
Resolution No. 17740
Page 3
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 6th day of December, 1994, by the following vote:
YES: Councilmembers: Fox, Padilia, Rindone, Horton
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Shirley~o;ton, Mayor
ATTEST:
~AL;thelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 17740 was duly passed, approved, and adopted by the City
Council at a joint City Council/Redevelopment Agency meeting held on the 6th day of
December 1994.
Executed this 6th day of December, 1994.
Beverly rA. AL~thelet, City Clerk
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