HomeMy WebLinkAboutReso 1970-5497Foam' No- 342
Rev- 8-6'
RESOLUTION N0~ 5497
RESOLUT'I~ON OF THE CITY COUNCIL OF THE CITY OF' CHULA VISTA
AF~PROVING AGREEMEN'T' BETWEEN 'THE CITY OF` CHULA VISTA AND
THE SWEETWATER JUNIOR COLLEGE DISTRICT FOR CONSTRUCTION OF
A SHALLOW WATER FACILITY AT SOUTHWESTERN COLLEGE,
AND AUTHORIZING THE MAYOR 1'0 EXECUTE SAME
The City Council of the City of Chula Vista does hereby
resolve as follows:
That that certain agreement between the City of Chula Vista,
a ma.nicipa.i corporation, and the Sweetwater Junior College District
for construction of a shallow water instructional/recreational swimming
pool facility to be located immediately adjacent to the planned swimming
pool facilities at Southwestern College,
dated the day of 19 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 said City-
Presented by = Approved as to form by
1 iam G. Jasine D rector ofGeorge D. in erg, ity Att'rne
Parks and Recreation ,
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA; CAL~:FORNIA, this 6th day of January . 1970 , by the
following vote, to-w~.t: ~ !'
AYES : Councilmen Scott, Sylvester, Hamilton. Hyde, McAllister
NAYES: Councilmen None
ABSEN'P: Councilmen None
Mayor of the City of ula Vista
~. .1
ATTEST ~- ~ 6~_.<__-< -z-c-<' E. ~~_ "G~ ~~ ~~
C<ty Clerk
STATE OF CALIFORNIA i
COUNTY OF SAN DIEGO sse
CITY OF CHULA VISTA a
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amended or repealed.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
' - - Form -ado. CA 102
7-66
CERTIFICATE OF CI`T'Y FINANCE' OFFICER
Certification of Unappropriated Balance
I HERE?3Y CERTIFY that the money required for the
appropriation of funds far the purpose set forth in the
attached resolution is available in the Treasury, or is
anticipated to come into tl-ie Treasury, and is otherwise
unappropriated.
,/ //~~
Rmount $_~.~`~ )'J• he` Fund ~7CZ~r~ %~ C~'L'.~ ,~. ,~s:l ~~
Purpose _ ~ ~,/,!. y ~ ~- ~~ _: /Tj-,~ . r'~ ~' ~ C h~~s/~ CLi • ~.~- ~
Bidder /YJ~~c•f-~' _ ~~~~ Cr ~ /%~ff-~ ~`~~•~7
~~~
;~ .~~~~-
I'izia'rice Officer
The City cf C~a Vista
Certification of Unencumbe-r~d Balance
I HEREBY CERTIFY teat. th.e indebtedness and oblici-
ation t.o be incurred.k;y the contract or agreement author-
ized by the attached resolution can be incurred without
the violation of a.ny of_ the pr.cvisions of the Charter of
the Cit°.~ of Chula Vista, or the Constitution or the laws
of the State of Californi:~, that sufficient monies have
been apr>>ropriated for the purpose of said contract, that
sufficient monies to meet the obligations of the contract
are actually in the Treasury, or are anticirated to come
into the Treasury to the credit of the appropriation from
which the same are to be drawn, and that said monies now
actually in the Treasury, together with the monies antic-
ipated to come into the Treasury, to the credit. of said
appropriation are otherwise unencurlbered.
Amount Not. to Exceed $
Finance Officer
The City of %hula Vista
Date
Fund
Purpose
3idder
By
Dept.!Activity
Cert~_fi_cate No. _
,~,~ -~ 9 ~
CITY CF CHULA `/ISTA
AND
SWEETWATER JUNIOR COLLEGE DISTRICT
JOINT EXERCISE OF POWERS AGREEMENT )
FOR CONSTRUCTION OF SWIMMING POOL )
FACILITIES AT SOUTHWESTERN COLLEGE )
THIS JOINT EXERCISE OF POWERS AGREEMENT, MADE AND ENTERED
INTO THIS ~Nn DAY OF ,IANt1ARY , 19~Q, BY AND BETbJEEN THE
CITY OF CHULA VISTA, A MUNICIPAL CORPORATION, HEREINAFTER REFERRED
TO AS "CITY," AND THE SWEETWATER JUNIOR COLLEGE DISTRICT, HEREIN-
AFTER REFERRED TO AS "COLLEGE DISTRICT."
WITNESSETH:
WHEREAS, CHAPTER 6, OF DIVISION 12, OF THE EDUCATION CODE OF
THE STATE OF CALIFORNIA, AUTHORIZES COUNTIES, CITIES AND SCHOOL
DISTRICTS TO COOPERATE WITH EACH OTHER IN THE DEVELOPMENT AND
EXECUTION OF ADEQUATE PROGRAMS OF COMMUNITY RECREATION, AND
WHEREAS, AP.TICLE 1 OF CHAPTER 5 OF DIVISION 7 OF TITLE 1 OF
THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA AUTHORIZES PUBLIC
AGENCIES TO CONTRACT WITH EACH OTHER TO JOINTLY EXERCISE A POWER
COMMON TO SAID CONTRACTING PARTIES.
NOW THEREFOF.E, IN CCNSIDER~,TiON OF THE M:.'Ti,',^-,L CO":VE^J^,^:TS A^:D
CONDITIONS CONTAINED HEREIN THE PARTIES HERETO AGREE AS FOLLOWS:
C1) THAT THE COLLEGE DISTRICT SHALL CONSTRUCT, IN ACCORDANCE
WITH THE TERMS OF THE AGREEMENT, A SHALLOW WATER INSTRUCTIONAL/
RECREATIONAL SWIMMING POOL FACILITY LOCATED IMMEDIATELY ADJACENT
TO THE PLANNED SWIMMING POOL FACILITIES AT SOUTHWESTERN COLLEGE
TO BE CONSTRUCTED BETWEEN THE EXISTING SHOWER & LOCKER BUILDING
X1000 AND THE EXISTING HANDBALL COURTS.
CA) SAID SHALLOW WATER FACILITY SHALL RANGE FROM c' TO 3'
IN DEPTH AND 15' X 35' IN SIZE
CB) COLLEGE DISTRICT SHALL PROVIDE THE PJECESSARY SOIL TESTS,
THE AREA; UPON 's~1HICH THE FACILITY SHALL BE CONSTRUCTED
AND ALL UTILITIES TO THE SITE. ALL COSTS IN CONNECTION
THEREWITH EXCEPT SITE VALUE SHALL BE ADDED TO THE CON-
STRUCTION COST.
CC) PRESENT PARKING FACILITIES OF THE COLLEGE DISTRICT LOCATED
AT SOUTHWESTERi COLLEGE SHALL BE AVAILABLE TO PERSONS
.;Si^JG S,=.ID FACILITY.
~:~_. !il~. !~_rCi•tJ ,,;V HK!'•, ,.VL ~~.~~V I ., r'v ,. ~ .~., ,~r..l tiv, Civv liJE~RING SChrr'I ~.GJ,
AND CONSTRUCTION) SHALL BE AS PROVIDED IN THIS AGREEMENT.
C3) THE JOINT OPERATION AND MAINTENANCE OF THE FACILITY AFTER
COMPLETION SHALL BE PROVIDED FOR BY A SEPARATE USE AGREEMENT
BASED UPON A PROPORTIONATE SHAPE OF USE BY THE PARTIES. EACH
AGREEMENT REFERRED TO SHALL INCLUDE AND REFER TO THE OTHER.
FINANCE
(4) THE CITY AGREES TO PAY FULL COST OF CONSTRUCTING THE SAID
SHALLOW WATER FACILITY.
F
(A) DISTRICT WILL BID THE SHALLOW WATER FACILITY AS AN
- ADDITIVE ALTERNATE TO ITS BID FOR CONSTRUCTION OF REGULAR
PLANNED SWIMMING FACILITIES THEREBY BEING ABLE TO DETER-
. MINE EXACT ADDITIONAL CONSTRUCTION COST.
(B) PRIOR TO THE AWARD OF THE CONSTRUCTION CONTRACT, AT THE
OPTION OF THE CITY, THE SHALLOW WATER FACILITY PROJECT
MAY BE ABANDONED, WITH ALL ACTUAL COSTS THERETOFORE
INCURRED TO BE PAID BY THE CITY.
(C) IF CITY AND COLLEGE DISTRICT AGREE, THE SHALLOW WATER
FACILITY PROJECT SHALL PROCEED TO COMPLETION, WITH ALL
ACTUAL COSTS FOR SAID FACILITY TO BE PAID BY THE CITY.
(5) 5AiD CITY COSTS SHALL BE BASEL} UPON CCLLEGE DISTRICT`S FINANCIAL
RECORDS 1^lITH THE RIGHT OF AUDIT BY THE CITY.
(6) SELECTION OF A QUALIFIED "S'rJIMMING POOL ARCHITECT" HAS BEEN
MADE BY THE COLLEGE DISTRICT WITH APPROVAL OF THE CITY.
C7) THE PRELIMINARY PLANS FOR THE FACILITY PREPARED BY THE ARCHITECT
SHALL BE SUBJECT TO JOINT APPROVAL OF CITY AND COLLEGE DISTRICT.
(8) THE FULL WORKING DRAWINGS REQUIRED FOR CONSTRUCTION SHALL BE
SUBJECT TO APPROVAL BY COLLEGE DISTRICT, BUT MAY BE REVIEWED
BY THE CITY PRIOR TO SUCH APPROVAL. TITLE TO SAID DRAWINGS
SHALL BE VESTED IN THE COLLEGE DISTRICT.
C9) THE COST OF ENGINEERING SERVICES, INSPECTION SERVICES, PLAN
CHECKINJG FEES, PERMITS, I-~D~VCK~ IScriEtVT ~ uR BiuS, A(vu fr,NY' OTHER
RELATED COSTS SHALL BE INCLUDED 'vJITHIN THE TOTAL CONSTRUCTION
COST FOR COMPUTATION UPON FINAL WORK ACCEPTANCE AND CITY
PARTICIPATION IN COST IN ACCORDANCE WITH SECTIONS 4 AND 5 OF
THIS AGREEMENT.
COivSTRUCTIOiv
C1O~ THE CITY SHALL BE ACCORDED THE OPPORTUNITY TO REVIEW AND
COMMENT UPON THE BIDS RECEIVED PRIOR TO AWARDING OF A CON-
, STRUCTION CONTRACT, WHICH SHALL BE DONE BY THE COLLEGE DISTRICT.
THE BIDDING PROCESS AND A4~'ARD SHALL BE DONE IN A MANNER LEGALLY
REQUIRED FOR THE COLLEGE DISTRICT.
C11~ THE CALL OR CALLS FOR BIDS BY THE COLLEGE DISTRICT SHALL IN-
CLUDE THE SHALL04J WATER FACILITY DENOTED IN SECTION 1 OF THIS
AGREEMENT AS WELL AS THE REGULAR PLANNED SWIMMING FACILITIES
FOR THE COLLEGE DISTRICT, AND THE CONTRACT SHALL BE A4JARDED TO
THE LOWEST BIDDER ON THE TOTAL OF THE FACILITIES FOR WHICH SUCH
BIDS ARE REQUESTED.
C12~ ADMINISTRATION OF THE CONTRACT, INSPECTION OF THE WORK, DETER-
MINATION OF FINAL ACCEPTANCE, AND OTHER ELEMENTS REGARDING
SUPERVISION OF CONSTRUCTION SHALL BE PERFORMED BY THE COLLEGE
DISTRICT.
C13~ ANY CHANGE ORDERS OR EXTRAS WHICH MAY ARISE SHALL BE ADMINIS-
TERED BY THE COLLEGE DISTRICT UNLESS THE CUMULATIVE COSTS OF ALL
CHANGE ORDERS INCREASES THE CONSTRUCTION COST OF SAID FACILITY
BY MORE THAN $500.00. IN THE EVENT THE CHANGE ORDERS EXCEED
5500.00, JOINT DETERMINATION AND APPROVAL SHALL BE REQUIRED.
C14~ PROGRESS PAYMENTS AND OTHER CONSTRUCTION COSTS SHALL BE PAID
DURING CONSTRUCTION BY THE COLLEGE DISTRICT. THE CITY SHALL
REIMBURSE THE COLLEGE DISTRICT FOR FULL COST OF CONSTRUCTION
OF SAID SHALLOW WATER FACILITY, UPON COMPLETION AND DETERNIIN-
ATION OF FINAL ACCEPTANCE.
C15~ TITLE TO THE SHALLOW WATER FACILITY SHALL BE VESTED, UPON
CONSTRUCTION, 4JITH THE COLLEGE DISTRICT.
C16) THIS CONSTRUCTION AGREEMENT MAY BE TERMINATED PRIOR TO FINAL
ACCEPTANCE OF THE COMPLETED FACILITY ONLY BY MUTUAL CONSENT
OF ALL PARTIES.
IN i.JrTr~ESS ;.!HEREOF THE PARTIES HAVE HEREUivTG AFFIXED THEIR NAMES BY
THEIR OFFICERS THEREUNTO DULY AUTHORIZED.
SWEETWATER JUNIOR COLLEGE DISTRICT
CITY OF CHULA VISTA OF SAN DIEGO COUNTY, CALIFORNIA
B Y ~ti.x.J~Q ~ ~~~ B Y ,..- C. - P il''~ ' ` v J Da, (`~l.D.
MAYOR ,PRESIDENT, GOVE NING BOARD
~ ,~
r^•T T F S T _ ~e--i~c-<-i .-~! iGL cC i ~Ef A T T E S T is l% ~ ' ~'c-.~
''^iTY CLERK ~/ SECRETARY, GGVERNING BOARD