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HomeMy WebLinkAboutReso 1992-16458 RESOLUTION NO. 16458 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA; VTN CONSULTANTS, INC.; AND NINYO & MOORE FOR ENGINEERING SERVICES DURING THE CONSTRUCTION OF TELEGRAPH CANYON ROAD/OTA¥ LAKES ROAD PHASE III WHEREAS, on March 7, 1989, the City Council by Resolution No. 13990 approved an agreement between the City of Chula Vista and VTN Consultants, Inc. for the preparation of construction documents and construction support services necessary for the improvement and widening of Telegraph Canyon Road/Otay Lakes Road Phase III between Apache Drive and Rutgers Avenue and paralleling channel; and, WHEREAS, a first amendment to the agreement was approved by the City Council by Resolution No. 15471 on January 23, 1990. and provided for additional engineering services during the design phase of the project; and, WHEREAS, the second amendment to the agreement was approved by the City Council by Resolution No. 16411 on November 12, 1991, which amendment was necessaryto provide engineering services that were unanticipated at the time the original contract was negotiated with VTN but became known once the project was under construction; and, WHEREAS, the proposed agreement is necessary because VTN Consultants, Inc. has experienced severe financial difficulties including having a related corporate entity file for bankruptcy under Chapter 11, and is therefore financially unable to keep Ninyo & Moore on the job without our assistance; and, WHEREAS, Ninyo & Moore is a subcontractor to VTN Consultants, Inc. and provides geotechnical and soils services for the project and the proposed agreement allows the City to deal directly with Ninyo & Moore in the event that VTN Consultants, Inc. defaults their obligations under the original contract. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve an agreement between the City of Chula Vista; VTN Consultants, Inc., and Ninyo & Moore for engineering services during he construction of Telegraph Canyon Road/Otay Lakes road Phase III, known as document number C092-003, a copy of which is on file in the office of the City Clerk. Resolution No. 16458 Page 2 BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by J hn P. D. Richard Rudolf r of Public Works Assistant City Attorney Resolution No. 16458 Page 3 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 7th day of January, 1992, by the following vote: YES: Councilmembers: Malcolm, Moore, Nader, Rindone NOES: Councilmember: None ABSENT: Councilmembers: Grasser Horton ABSTAIN: Councilmembers: None Tim Nader, Mayor 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. 16458 was duly passed, approved, and adopted by the City Council held on the 7th day of January, 1992. Executed this 7th day of January, 1992. Beverly ~. Authelet, City Clerk