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HomeMy WebLinkAboutReso 2003-106RESOLUTION NO. 2003-106 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY ATTORNEY AND DIRECTOR OF ENGINEERING TO DEVELOP AND EXECUTE AN AGREEMENT FOR TERMINATION OF CONI'RACT DUE TO INFEASIBILITY OF CONSTRUCTION FOR THE CORRUGATED METAL PIPE REHABILITATION ALONG FIFTH AVENUE, BETWEEN WESTBY STREET AND THE TELEGRAPH CANYON CHANNEL IN THE CITY OF CHULA VISTA, CA (PROJECT DR-137), WHICH WAS AWARDED TO NATIONAL LINER WEST, A DIVISION OF ZZ LINER, INC. ON NOVEMBER 5, 2002 BY CITY COUNCIL RESOLUTION NO. 2002-424 WHEREAS, on November 5, 2002, City Council approved Resolution No. 2002-424 for the Corrugated Metal Pipe (CMP) Rehabilitation along Fifth Avenue between Westby Street and Telegraph Canyon Channel, in the City of Chula Vista, CA (DR-137) which project provides for the rehabilitation of existing Corrugated Metal Pipe (CMP) by replacing certain sections and then lining the entire pipe; and WHEREAS, upon videotaping the CMP, the contractor determined that the pipe had partially fai/ed and was in imminent danger of further collapse and that lining the pipe is no longer feasible; and WHEREAS, the existing CMP cannot be lined or spot repaired at all due to extensive corrosion and collapse; and WHEREAS, National Liner' West is in agreement with staff that the needed scope of work for this storm drain is to install a new storm drain along a new alignment in the street and slurry backfill the existing line so as to prevent any occurrence of a sinkhole in the futura; and WHEREAS, National Liner West has submitted a letter to the City requesting that they be released from this contract and reimbursed for expenses that they have incurred to date; and WHEREAS, staff has consulted with the City Attorney's Office and the Purchasing Agent and they concur with the termination of National Liner West's contract and the emergency replacement of the existing CMP; and WHEREAS, the City Attorney's Office will draw up an agreement between the City and National Liner West to terminate their contract and Council's action will allow the City Attorney and the Director of Engineering to develop and expedite said agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize the City Attorney and Director of Engineering to develop and execute an agreement for termination of contract due to infeasibility of construction for the Corrugated Metal Pipe (CMP) Rehabilitation along Fifth Avenue between Westby Street and the Telegraph Canyon Channel in the City of Chula Vista, CA (Project DR-137) which was awarded to National Liner West, a Division of ZZ Liner, Inc. on November 5, 2002 by City Council Resolution No. 2002-424. Resolution 2003-106 Page 2 Presented by Approved as to form by C ~ Swanson Eng~feering Director Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 25th day of March, 2003, by the following vote: AYES: Councilmembers: Davis, Rindone, Salas, McCann and Padilla NAYS: Councilmembers: No ne ABSENT: Councilmembers: None ATTEST: Susan Bigelow, City Clb~k STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2003-106 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 25th day of March, 2003. Executed this 25th day of March, 2003. Susan Bigelow, City Clei. k