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HomeMy WebLinkAboutReso 1990-15513 RESOLUTION NO. 15513 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FIRST MODIFICATION TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA, DAMES & MOORE AND BALDWIN VISTA ASSOCIATES, L.P. AND AUTHORIZING THE MAYOR TO EXECUTE SAID MODIFICATION The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City of Chula Vista is the agency designated to approve consulting contracts for the Otay Ranch Project, and WHEREAS, Dames & Moore is the firm preparing the Environmental Impact Report {EIR}, and WHEREAS, additional work needs to be performed by Dames & Moore over and above the original scope-of-work, and WHEREAS, the additional work involves attending various committee and subcommittee meetings relating to the EIR preparation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the First Modfication to the Agreement between the City of Chula Vista, Dames & Moore and Baldwin Vista Associates, L.P., a copy of which is attached hereto and incorporated herein by reference as if set forth in full. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said modification for and on behalf of the City of Chula Vista. Presented by Approved as to form by Robert A. Leiter Director of Planning Assistant City Attorney Resolution No. 15513 Page 2 -- PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of February, 1990 by the following vote: AYES: Councilmembers: Moore, Nader, Cox NOES: Councilmembers: None ABSENT: Councilmembers: McCandliss, Malcolm ABSTAIN: Councilmembers: None Grego Cox .ayo ATTEST: 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. 15513 was duly passed, approved, and adopted by the City Council of the City of Chula Vista, California, at a regular meeting of said City Council held on the 13th day of February, 1990. Executed this 13th day of February, 1990. Resolution No. 15513 Page 3 FIRST MODIFICATION TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA, DAMES & MOORE AND BALDWIN VISTA ASSOCIATES, L.P. For the Preparation of Draft and Final Environmental Impact Reports and Other Related Environmental Documents for Case No. EIR-90-O1 WHEREAS, Section XI of the above-noted Agreement provides for the modification of the Agreement subject to the satisfaction of the proponent and the contractor and approval of the City of Chula Vista and County of San Diego; and WHEREAS, various committees and subcommittees have been established to provide imput into the environmental documents for the project; and WHEREAS, Dames & Moore have been and will be attending these meetings; and WHEREAS, these meetings are beyond the scope-of-work as outlined in the Agreement, and Dames & Moore has requested compensation for these meetings (see attached letter dated December 18, 1989). Now, THEREFORE, it is mutually agreed to by the City, County, contractor and proponent as follows: 1. Baldwin Vista Associates, L.P. will increase its deposit account with the City of Chula Vista to a level sufficient to fund the additional $10,588.00. 2. Dames & Moore will invoice the City for labor and other expenses as they occur. 3. The City will reimburse Dames & Moore for reasonable expenses from the amount deposited by Baldwin Vista Associates, L.P. And it is further mutually agreed to as follows: That the following paragraph be added to Section XI of the Agreement for EIR-9-10. "The City Manager of the City of Chula Vista with the concurrence of the San Diego County Chief Administrator's office, APPLICANT and CONSULTANT, is hereby authorized to expand the scope-of-work of this Agreement in a manner that would result in additional expenditures not to exceed $10,000.00 for a single modification nor a total cumulative amount of $100,000.00 during the term of this Agreement." Resolution No. 15513 Page 4 - 2 - IN WITNESS HEREOF, the parties hereto have executed this Agreement on the 13 th day of February, 1990. Contractor: Dames & Moore Proponent: Baldwin Vista Associates, L.P., a California Limited Partnership By Baldwin Builders, a California Corporation, General Partners Claudia Troisi Senior Vice President City of Chula Vista Approval as to Terms City Attorney, City of Chula Vista Attachment /3