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Home My WebLink AboutReso 1970-5567RESOLUTION N0.5567 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FIRST AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT FOR THE CONSTRUC- TION OF LOMA VERDE PARK SWIMMING 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 revised. FIRST AMENDMENT to the Joint Powers Agreement among the City of Chula Vista, the Chula Vista City 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 revised first amendment is attached hereto and incorporated herein, the same as though fully set forth herein be,and the same is hereby approved. Presented by Approved as to form by r _~ ~ , r' 1, -- ,'{Y_ ~ ~ f ,,Z y`iC'. ~ .~. Lane F. Cole, Director°Z7f George D. indberg, City Attor Public Works ;~ ,` ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 10th day of March 19 70, by the following vote, to-wit: AYES: Councilmen Hamilton, Hyde, Scott, Sylvester NAYES: Councilmen None ABSENT: Councilmen McAll; ster ,,-- / ,~ ~- `mil . / ~-,~ Mayor of the City of ~ ula Vista ,- _ ,'~ ~, ~_ ATTEST ~ , , . ,- ,..~'./`;/. ,~__-c ..._4 ; City Clerk ~;, STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, , City City of Chula Vista, California DO HEREBY CERTIFY that full, true and correct copy of Resolution No. , has not been amended or repealed. DATED Clerk of the the above is and that the same City Clerk R:~:~ OLi~ :'~=i:';>.; .:~~ . 5567 FZliSOLUr.'li~'~; OJ' r~'Iili C'~r1 Y f~Ol~vt,II~r'.'~' TIII~ CITY l)r C1IT)1 ?> L'1.._irA [i't~}~l)`~'1~~ 1''.'?!_, i«S.i1.vF';_l Fi ;1~T ~.~~, tiiJ,,-m r, {. 1. t~~D_ _~_ lU Tr:' uOIIVT r X~'RC1SE Or P0';';RS AGREE~iE''JT FOt: TIiL~ COCdS'~'R~it:- TION OF LO~IA VERDE FA=?I{ S[°VIi~1idIP~u POOL P.ND R~'~.PPA1It';:.AL -m _ .~,. _i ~ f _' i ..~~ S The City Council of t~~e City of Chula Vista c?.o~s 'rlereby resolve as follov. s N0^1, TNEP.E"ORE, BE IT RESOLVED that tha~~: certain revised FIRS?' AT~I%PdDt;,ENT to the Joint Powers Aclreemcnt a.mc~~a the City cf Chula Vista, the Chula Vista City School District arxd the St~eetwater ~Jnion F~igh School District, for the construction of the Lome. Verde Park swimriling pool and recreational facilities, appro°ved on the ]_8i-.h day of Ncvernber, 1969 by Resolution No. 5436, a copy of whir,'z r_e~~ised first amendiT~ent is att~~ched hereto and incorporated t.erein, the same as though fully set forth herein be, and the same is hereby approved. Presented by Lane F. Cole, Director of Public Works Approved as to form by George D. Lindberg, City Attorney ADOPTED AND APPROVEI? b• the CITY COU~?CIL of the CITY OF CHtTi~r; VISTA, CALIFORNIA, this_1t'~h day of march ~ lg 70, by the follo~~:ing vote, to-wit: A'i'l,S: Councilmen ~~an~zlton, Ii;-de, Scott, Sylvester NAYES : Councilmen ;`'one ABSENT: Counci.lrnen ~icAlligtex (s) 4dill T. Hyde _ __ Mayor of the City o~ Chula Vista ATTEST- (y~ Kenneth Cabe l l City Clerk GTATE OF CALIFOR'~IIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, _ _ Kenneth Campbell City Clerk of the City of Chula Vista, California DO HEREBY CERTIFY that the above is full, true and correct copy of P,esolution No. 5567 and that the sane has not 'aeen an~en~?eci. or repealed. DATED March 1C, 1570 ~.- - -~ City Cier: ~,-5~~7 FIRST AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT FOR THE CONSTRUCTION OF LOMA VERDE PARK SWIMMING POOL AND RECREATIONAL FACILITIES THIS FIRST AMENDMENT, made and entered into this 9th clay of April , 1970, by and among the City of Chula Vista, a municipal corporation, hereinafter called "City"; the Chula Vista City School District, hereinafter called "City School District"; and the Sweetwater Union High School District, hereinafter called " Sweet- water School District"; W I T N E S S E T H WHEREAS, the City of Chula Vista, the Chula Vista City 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 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 of if set forth in full.y~~_s, -- Section 2. Percentacre of Contribution to Inspection, Soil Tests, Concrete Tests and Other Incidental Costs. City School District and Sweetwwater School District shall each contribute 20.89 of the total cost for field inspections, which inspections are calculated to cost $6.00 per hour, soil 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 the same proportionate share of other miscellaneous and incidental tests and inspections with progress payments made in accordance with the terms of said Joint Powers Agreement. Section 3. Approval of Change Orders and Extras. In accordance withthe 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, as well as change orders, shall be paid in accordance with Section 1 or Section 2 above, whichever is applicable. IN WITNESS WHEREOF, the parties hereto have caused this FIRST AMENDMENT to the JOINT PObJERS 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 THE CIiULA VISTA CITY SCHOOL DISTRICT ~ ~~~^l~ Mayor of the City of C la Vista v /; ;,, THE Sti~lEETWATER UNION HIGH SCHOOL DISTRICT ~~ ATTESTS°'~',,//y~~ ,~~,~...td~~.t:~`~` :_~~~