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Home My WebLink AboutReso 1969-5436RESOLUTION NO. 5436 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING JOINT EXERCISE OF POWERS AGREEMENT FOR THE CONSTRUCTION OF THE LOMA VERDE PARK SWIMMING POOL AND RECREATIONAL FACILITIES, BY AND AMONG THE CITY OF CHULA VISTA, THE CHULA VISTA CITY ELEMENTARY SCHOOL DISTRICT AND THE SWEETWATER UNION HIGH SCHOOL DISTRICT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain Joint Exercise of Powers Agreement for the construction of the Loma Verde Park Swimming Pool and Recreational Facilities, by and among THE CITY OF CHULA VISTA, THE CHULA VISTA CITY ELEMENTARY SCHOOL DISTRICT and THE SWEETWATER UNION HIGH SCHOOL DISTRICT, dated the 18th day of November 1969, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by .~~ rte,. Lane F. Cole, Director o'ff' Public Works Approved`as to form by y. - f %. ~ ,~ ~ ~ _ ._ _ _ ~~~ Ca orge`~. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 18th day of November , 19 69 , by the following vote, to-wit: AYES : Councilmen Sylvester, Hamilton, McAllister, Scott NAYES: Councilmen None ABSENT: Councilmen None ~_ ;~ ~.t ayor/of the City of Chula Vista pro tem ATTEST ~ : ,~. ~C:... c~-r_.r_-v. ~'~:. ...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CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed.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 . City Clerk JOINT EXERCISE OF POWERS AGREEMENT FOR THE CONSTRUCTION OF THE LOMA VERDE PARK SWIMMING POOL AND RECRE- ATIONAL FACILITIES THIS JOINT EXERCISE OF POWERS AGREEMENT, made and entered into this 18th day of November 1969, 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 4, WHEREAS, the City of Chula Vista has heretofore, pursuant to the authorization of Resolution No. 4457 approved by the City Council of the City of Chula Vista on June 27, 1967, entered into a Joint Powers Agreement with the Chula Vista City Elementary School District and the Sweetwater Union High School District for the employment of an architect to prepare plans and schematics for the construction of the proposed Loma Verde Park Pool and Recreational Facilities, and WHEREAS, said plans and schematics and specifications have been completed by the architect, Victor Wulff, and bids have been received for the construction of said facility and a contract shall be awarded to the lowest responsible bidder based upon the bids as contained in Resolution No. 5407 approved by the City Council of the City of Chula Vista on 28th day of October ,1969, and ~ r ~C. - 2 - WHEREAS, the City of Chula Vista, the Chula Vista City Elementary School District and the Sweetwater Union High School District now desire to enter into a Joint Powers Aareeement providing for the construction of the facility known as the Loma Verde Park Pool and Recreational Facilities and for the payment of the contractor, and said entities desire that the City of Chula Vista coordinate and direct the construction of said facility and that the payment from each of the entities shall be undertaken in accordance with the schedule set forth herein, and WHEREAS, an agreement providing for such_ joint participation by the entities is possible and each of said public agencies is authorized to contract with each other for the joint exercise and in common power under Article 1, Chapter 5, Division 7, Title 1 of the Government Code of the State of California, commencing with Section 6500. NOW, THEREFORE, the following public agencies THE CITY OF CHULA VISTA THE CHULA VISTA CITY ELEMENTARY SCHOOL DISTRICT THE SWEETWATER UNION HIGH SCHOOL DISTRICT for and in consideration of the mutual promises and agreements hereinafter stated and the performance thereof, and for other valuable and adequate consideration do promise and agree for and on behalf of themselves and their successors in interest as follows: Section 1. Purpose of Agreement, Joint Project This agreement, made under the provisions of Article 1, Chapter 5, Division 7, Title 1 of the Government Code, is for the purpose of the construction of the Loma Verde Park Pool and Recreational Facilities as contained in ;-~! ~~~ ).~ -~~~. - 3 - the specifications therefor dated August 11, 1969 under Application No. 32192 to the State of California, Department of General Services, Office of Architecture and Construction, which specifications and plans constitute the basis for the bids let by the City of Chula Vista and the contract to be awarded by the City of Chula Vista, as authorized by this agreement, and said plans and specifications are incorporated herein and adopted hereby by reference as if_ set forth in full. Each public agency has in common the power to acquire and construct said joint facility known as the Loma Verde Park Pool and Recreational Facilities as described in said plans and specifications. Said purpose will be accomplished and said common power exercised in the manner hereinafter set forth. Section 2. Division of Cost and Proportionate Ownership City School District and Sweetwater School District shall contribute the following proportionate shares for the cost of construction of the joint project. (a) Said public agencies shall contribute one-third each of the cost of the following elements of the joint project: (1) On Site Preparation, Grading, Top Soil, Stockpiling, and Fencing (2) Pool, Spectators Deck, Deck Equipment, Pool Equipment and East Wing Structure '~ _ ~ ~l~'~ ,_ - 4 - (b) City shall contribute two-thirds of the cost and City School District and Sweetwater School District shall contribute jointly one-third of the cost of the following element: (1) Parking Lot Paving, Marking Curbs, Irrigation of Planters, Area Lighting (c) City shall assume the total cost of the following elements of the joint project: (1) Recreation-Social Ha11, Storage, Foyer, Meeting and. Craft Rooms, and Manager's Office (2) Public Toilets - t, (3) Snack Shop, Equipment and Furnishings In addition the street improvements shall be performed by the City of Chula Vista. Section 3. Final Cost to be Contributed by each party The basic bid, the total amount of the lowest respon- sible bid, as contained in Resolution Dio. 5407 approved by the City Council of the City of Chula Vista on the 28th day of October, 1969 was the sum of $837,250.00 and Alternate No. 1 in the amount of $2,400 for a total amount of $839,650.00. Said total amount shall be distributed and apportioned to said public agencies in accordance with the formula established in Section 2 of this agreement based upon the analysis and detailed breakdown of the total bid price to be accomplished by said lowest responsible bidder subsequent to the award of the contract. - 5 - Section 4. City to Administer The City of Chula Vista shall in accordance with the terms and conditions of this agreement and subject to the restrictions of the laws of the State of California applicable to Charter Cities ad- minister the construction of said joint project known as the Loma Verde Park Pool and Recreational Facilities and do all acts necessary for the exercise of said common power for said purpose. City shall award the contract for the construction of said facility to the lowest responsible bidder as set forth herein as approved by resolution of the governing bodies of the public agencies. City shall receive and hold monies contributed by each of the public agencies and disburse all of the monies required in payment of the construction of said facility. City is hereby authorized to direct the architect for the project to proceed with the work of Phase IV of the Architect's Agreement and to make required payments to said architect for said Phase IV work, and to make payments for other inspection costs and miscellaneous or incidental costs such as soil tests and concrete tests. Section 5. Contribution of Costs City School District and Sweetwater Union High School District agree to contribute their proportionate share of the construction costs of said facility in accordance with the percentages set forth hereinabove and the lowest responsible bid received and the contract as awarded by the City of Chula Vista, subject to adjustment for any necessary change orders undertaken during the construction of said facility. Any such change orders affecting those elements of the joint project wherein costs are to be shared by the public agencies who are parties to this agreement shall be subject to the approval of all parties to the agreement. Each of the public agencies shall deposit their proportionate - 6 - share of the costs of construction with the City of Chula Vista in order to allow for progress payments to be made during the course of construction in accordance with the following schedule: The City School District and the Sweetwater Union High School District shall contribute one-third of the total contribution to the costs on or before December 15, 1969, one-third of the total contribution to the costs on or before March 15, 1970. It is further understood and agreed by said school districts that the final one-third, less 10% of the total obligated contribution, shall be paid to City by said public agencies upon acceptance of improvements by City. The final 10% or the balance owed of the proportionate share of said public agencies, subject to any necessary change orders shall be paid to City thirty- five (35) days after the final audit of the total cost of construction. Section 6. Modification and Termination This agreement may be amended and modified by said public agencies by mutual consent until terminated by said public agencies by mutual consent. Upon termination of this agreement, proportionate ownership of the facilities constructed pursuant to this agreement shall continue as it was on the date of said termination or until changed by further agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and the year first hereinabove set forth. THE CHULA VISTA CITY ELEMENTARY THE CITY OF CHULA VISTA/' SCHOOL DISTRICT Mayor of the City of Chula Vista ~,' f' ~ / -THE SWEETWATER UIvIO UGH HOOL ATTEST ` L_ r.-• ~--~~t~i`{_-<~~< ~ DISTRICT f,. \ C,3.t~ Clerk %' V. } c Approved as to form by ~ e. ~ ~ ~~ i ~ ~ j ~' _ ._. .. `< - Gedrge D;-Lindberg City Attorney ;1 ~_ -,~-~i