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Home My WebLink AboutReso 1970-5529RESOLUTION NO. 5529 -'~~ c ~ trY"~~" `~ r ~- ~~, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING FIRST AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT FOR THE CONSTRUCTION OF LOMA VERDE PARK SLaIMMING POOL AND RECREATIONAL FACILITIES The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain FIRST AMENDMENT to the Joint Powers Agreement among the City of Chula Vista, the Chula Vista City Elementary School District and the Sweetwater Union High School District, for the construction of the Loma Verde Park swimming pool and recreational facilities, approved on the 18th day of November, 1969 by Resolution No. 5436, a copy of which first amendment is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT Vista be, and he first amendment Presez'it~ed by ~~ -~ . ,, ~~-,~` ane F. Cole, Directo of Public Works ~~%~~ }~ ~ ~~" ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 3rd day of February 1970 , by the following vote, to-wit: AYES : Councilmen Scott, Hamilton, Hyde, McAllister NAYES: Councilmen None ABSENT : Councilmen Svlvester J ~ ATTEST ~ ~~ ~ ,-~ ,~. c C "~ ~'~i .l..z. 'L 'ty Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED FURTHER RESOLVED that the Mayor of the City of Chula is hereby authorized and directed to execute said for and on behalf of the City of Chula Vista. Approved as to form by ~e'_' George D.; indberg, City Attor~ y ~~ City Clerk ~1'L..__~J a'~ `~ ~ , -'2_ Mayor of the City of C la Vista FIRST AMENDMENT TO JOINT EXERCISE OF POWER AGREEMENT FOR THE CONSTRUCTION OF LOMA VERDE PARK SWIMMING POOL AND RECREATIONAL FACILITIES THIS FIRST AMENDMENT, made and entered into this day of , 1970, by and among the City of Chula Vista, a municipal corporation, hereinafter called "City"; the Chula Vista City Elementary School District, hereinafter called "City School District"; and the Sweetwater Union High School District, hereinafter called "Sweetwater School District"; W I T N E S S E T H: WHEREAS, the City of Chula Vista, the Chula Vista City Elementary School District and the Sweetwater Union High School District have heretofore, on November 18, 1969, entered into that certain Joint Exercise of Powers Agreement, providing for the construction of the Loma Verde Park swimming pool and recreational facilities, and WHEREAS, said agreement provided, in Section 2 thereof, for the. division of cost and proportionate ownership, and in Section 3 thereof, the final costs are outlined, and WHEREAS, said agreement contemplated that the application of the formula set forth in Section 2 thereof to the final costs, as set forth, would be based upon the analysis and detailed breakdown of the total bid price to be accomplished by the lowest responsible bidder subsequent to the award of the contract, and such analysis and detailed breakdown has now been supplied by the lowest responsible bidder, and WHEREAS, in addition to the distribution of cost for said items of construction, it is necessary that the costs of inspection and other miscellaneous or incidental costs, such as soil testing and concrete testing be proportionately divided, and WHEREAS, said agreement, in Section 6 thereof, provides that said agreement may be amended and modified by said public agencies by mutual consent. NOW, THEREFORE, the following public agencies: THE CITY OF CHULA VISTA; THE CHULA VISTA CITY ELEMENTARY SCHOOL DISTRICT; and THE SWEETWATER UNION HIGH SCHOOL DISTRICT: for, and in consideration of the mutual promises and agreements herein- after stated and the performance thereof, and for other valuable and adequate consideration, do promise and agree to amend said Joint Powers Agreement for and on behalf of themselves and their successors in interest, as follows: Section 1. Distribution of Cost per Detailed Breakdown of Total Bid Cost. City, City School District, and Sweetwater School District, in accordance with the provisions of Section 2 of the Joint Powers Agreement providing for the division of cost and proportionate ownership do hereby agree to contribute to said cost of each element of the joint project, in .accordance with the cost breakdown provided by the lowest responsible bidder and architect, a copy of which is attached hereto, labeled Exhibit "A" and incorporated herein as if set forth in full. Section 2. Percentage of Contribution to Inspection, Soil Tests, Concrete Tests and Other Incidental Costs. City School District and Sweetwater School District shall contribute 20.89% of the total cost for field inspections, which inspections are calculated to cost $6.00 per hour, soils tests and miscellaneous testing expenses for welding, masonry, concrete and reinforcing bars. The estimated total cost of said inspections is approximately $12,000.00. Said school districts shall contribute said proportionate share of the costs of said inspections and other miscellaneous and incidental expenses with progress payments made in accordance with the terms of said Joint Powers Agreement. Section 3. Approval of Change Orders and Extras. In accordance with the provisions of Section 5, "Contribution of Costs" of said Joint Powers Agreement, for the approval of any change orders affecting those elements of the joint project wherein costs are to be shared by the public agencies by all parties to the agreement, it is hereby mutually understood and agreed that said approval may be made by minute action of the governing bodies of said public agencies; provided, further, that any change orders, extras or additional costs incurred as a result of emergency or necessity brought about by the normal course of construction or unexpected conditions or circumstances of construction and not involving actual additions or modifications to construction may be approved by the administrative staff of said public agencies, and the proportionate contribution to the cost of said emer- gency changes or extras shall be paid in accordance with either the schedule for distributions of costs as set forth in Section 2 of said Joint Powers Agreement or on the basis of the contribution of the school districts of 20.890 as set forth herein for miscellaneous or incidental expenses. IN WITNESS WHEREOF, the parties hereto have caused this FIRST AMENDMENT to the JOINT POWERS AGREEMENT for the construction of Loma Verde Park swimming pool and recreational facilities to be executed the day and the year first hereinabove set forth. THE CITY OF CHULA VISTA Mayor of the City of C la Vista THE CHULA VISTA CITY ELEMENTARY SCHOOL DISTRICT ~f '~_ ~ ~~~E SWEETWATER UNION HIGH SCHOOL ATTEST 4/ ~~.,e~~~ - ~-%~DISTRICT Siity Clerk Approved as to form by George D. Lindberg, City Attorney i~,~-~o~ CC5'1' BRI1iK.DOWN - \~~ .. • FSTIMATEn COST EAC'' ~~Ot'.'r'i: • CITY CF SI^7ErTI':1\TI~R C:I[JI,71 ! WORM TO BE PERFORr1ED 'CI.DLl\ CR~'IOI~? I:T.GSI ~ ~'x-!='. CxT~' " • VrS~'A r 7 ~ S„I-ICOL ll_.ST. ''CIIc:c:i'~ lll ST.' ~ __..~ __ ____ _ On Site Preparation, Grading; Top Sail, 5, ?.:10.00 5, 250.00 I 5, 250. OG St:oc',cpiling, fencing ~ ~ I ____, 5~.:rc•et Improvement- , - See Delo4~* -- -- ! ~'- ~ _~ Parlciiiy Lot Paving, Marking, Curb:, Irrigation 24, 133.33 6, 033.33 G, 033.33 of: I']_ant:c s_~s, ::rca T,ighting. Lai~c3 scapin.l r?. Z . C. .Pool, Spectators Deck, Doclc Equipment, Pool 163,322.00 163,322.00 f ?63,3??_.00 Equipment, anJ L•'ast 4Y'ing Structure Bleachers - On~mitted - N.I.C. '- -" -- Public Toilets 18,975.00 -- __ I Snar_1~: Shop --- 2n, C;5~3.00~ '-- i -` ~ l:quipu~ent and furnishings - N.T.C. ! 1 I:ecrcaL-ion-Social hall, Storage., I~oyc~r, Meeting & 252, 291.00 ! -` ~'- Crai:t Rooms, and Hianager's Office I i I~1t~rnZte No. 1 ~ $2, X00.00 Add~_t~.ve,) soo.oo I soo.oa ~ soo.oe ~- J__. _ 1~~hit:wer - Lota TOTP LS . $4Ii>, E-t30.33 _ $175, ~r05.33 _.___. , Y175, ~'-05.33 . 13id ~- $837, 250. = --- - _...~--- - --- * St:r.cet rn~proverient , by City of Chv1Z Vista _.- ~-- I __---_ i ~_- ~__ ~ I:nc~i.neerin.3 Depar..ment ~ ' --~ ..r +~ ~~ . ~ ~. Form No. 301 UNANIMOUS CONSENT FORM IT IS HEREDY REQUESTED by the item, with the unanimous consent of Chula Vista, be considered and acted to the provisions of Section 1.16 of undersigned that the following the City Council of the City of upon by the Council pursuant the Chula vista City Code. Resolution Approving First Amendment to Lng.~_~.~c,~,.P Joint Powers Agreement ZSignature) Unanimous Consent of the City Council, as indicated by the following sign res o ~ ._~ f yn ^ -- _.___- ~--- < '~ .~a -55~q