HomeMy WebLinkAboutReso 1991-16304 RESOLUTION NO. 16304
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
PJ~TIFYING AN ORAL AGREEMENT BETWEEN THE CITY AND McMILLIN
DEVELOPMENT FOR SOIL TRANSPORTATION; APPROVING A
SETTLEMENT AGREEMENT AND RELEASE BETWEEN THE CITY OF
CHULA VISTA AND WM. KIRCHNAVY CONSTRUCTION, INC.;
APPROVING CHANGE ORDER NO. 4 FOR SOIL TRANSPORTATION;
APPROVING CHANGE ORDER NO. 5 FOR ADDITIONAL IRRIGATION
MATERIAL AND LABOR; AND APPROPRIATING FUNDS THEREFOR IN
THE ROHR PARK IMPROVEMENT PROJECT
The City Council of the City of Chula Vista does hereby resolve as
follows:
WHEREAS, the Rohr Park Improvement project construction began on January
14, 1991, and was temporarily hal ted on January 24, 1991, at which time
Council requested staff to review and revise the project plan in order to save
a number of trees scheduled for demolition; and,
WHEREAS, on February 12, 1991, Council approved the new project plan in
concept and directed the project architect to revise the construction plan;
and,
WHEREAS~ the new plan reduced the earthwork on Fort Apache Hill and
created additional landscape areas and intermediate slopes when the sport
fields were shifted out of the floodplain; and,
WHEREAS, the new project plan called for the import of soil to create the
landscape areas and the slopes, which soil was provided by McMillin
Development at no cost to the City, except the transportation charge for
hauling the soil to the site; and,
WHEREAS, this Council action necessitates approval of the oral a9reement
made with McMillin for the transportation of soil, approval of Change Order
No. 4 for additional work, and approval of an appropriation for the soil
k d
transportation and the additional wor require .
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
vista does hereby ratify the oral agreement with McMillin Development and
approve a Settlement Agreement and Release between the City of Chula Vista and
Wm. Kirchnavy Construction, Inc., implementing the previously approved Change
Order No. 2, known as document number C091-152, a copy of which is on file in
the office of the City Clerk.
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.
Resolution No. 16304
Page 2
BE IT FURTHER RESOLVED that the City Council does hereby approve Change
Order No. 4 for soil transportation as amended to reserve the right of offset
against future payments, and the right to recover from Kirchnavy for soil
transport costs incurred as a result of Kirchnavy not building the project
accoring to the plans, and Change Order No. 5 for additional irrigation
material and labor.
BE IT FURTHER RESOLVED that the sum of $75,887 is hereby appropriated
from the unappropriated balance of the Park Acquisition and Development fee
account.
Presented by Approved as to form by
B . B rd
Jess Valenzuela ruce M '~ogaa'
Director of Parks and Recreation City Attorney
Resolution No. 16304
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
Vista, California, this 20th day of August, 1991 by the following vote:
AYES: Councilmembers: Grasser Horton, Malcolm, Moore, Nader,
Rindone
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Tim Nader, Mayor
ATTEST:
Beverly ~. Authelet, 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. 16304 was duly passed,
approved, and adopted by the City Council held on the 20th day of August, 1991.
Executed this 20th day of August, 1991.
Beverl~ ~. Authelet, City Clerk