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HomeMy WebLinkAboutReso 2004-394 RESOLUTION NO. 2004-394 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $450,000 FROM THE GENERAL FUND, BASED ON THE SETTLEMENT FUNDS TO THE "SOUTH CHULA VISTA LIBRARY IN THE CITY OF CHULA VISTA, CALIFORNIA" CAPITAL IMPROVEMENT PROJECT (LB-125) AS NECESSARY, TO AMEND THE CONSTRUCTION DEFICIENCIES OF THE SOUTH CHULA VISTA LIBRARY WHEREAS, on November 2, 1993, the City Council approved by Resolution No. 17290, a contract with Douglas E. Barnhart, Inc. for the construction of the South Chula Vista Library; and WHEREAS, the facility was dedicated and opened to the public in 1994; and WHEREAS, thereafter several building/construction issues arose that fell under the obligation of the contractor to correct per the contract; and WHEREAS, during litigation with the original contractor, several investigations and studies were conducted in an attempt to resolve the construction issues of the facility; and WHEREAS, City Council authorized a settlement with Douglas E. Barnhart, Inc. regarding their involvement over the South Chula Vista Library for the amount of $450,000; and WHEREAS, staff recommends the appropriation of $450,000 to the "South Chula Vista Library in the City ofChula Vista, California" Capital Improvement Project (LB-125). WHEREAS, staff will then proceed with bidding construction services necessary to amend the construction deficiencies of the South Chula Vista Library, as defined in Section 2.56 (Purchasing System) of the Municipal Code. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve and appropriate $450,000 from the General Fund based on the settlement funds to the "South Chula Vista Library in the City of Chula Vista, California" Capital Improvement Project (LB-125), as necessary to amend the construction deficiencies of the South Chula Vista Library. Presented by Approved as to form by ~~ Ann Moore City Attorney Resolution 2004-394 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of December, 2004, by the following vote: AYES: Councilmembers: Castaneda, Davis, McCann, Rindone and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: cP~ -- c.--l.L.l /, '~~"":g: ð L">. Susan Bigelow, MMC, City C erk 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. 2004-394 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 14th day of December, 2004. Executed this 14th day of December, 2004. ~ iuÆI~~ð~. Susan Bigelow, MMC, City erk .-/