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HomeMy WebLinkAboutReso 1979-9857RESOLUTION N0. 9857 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING FIRST AMENDMENT TO COUNTY CONTRACT NO. 13725-5750 R AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO FOR THE IMPROVEMENT OF ORANGE AVENUE, AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT AND AUTHORIZING THE TRANSFER OF FUNDS AND CONTRACT CHANGE ORDER 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 County Contract No. 13725-5750 R agreement between the CITY OF CHULA VISTA, a municipal corporation, and the COUNTY OF SAN DIEGO, a political subdivision of the State of California, dated the flay of November, 1979, 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 first amendment to agreement for and on behalf of the City of Chula Vista. BE IT FURTHER RESOLVED that the City Council does hereby approve a change order in said contract for the construction of curb, gutter, and sidewalk within Second Avenue, which is within the scope of the project approved by the City Council and will increase the Orange Avenue contract by approximately $4,500. BE IT FURTHER RESOLVED that the additional sum of $32,515.90 required for the completion of the Orange Avenue project be and the same is hereby authorized and directed to be transferred from the following funds, $22,000.00 from Project GT-103C80, Second Avenue, to Project GT-77, Orange Avenue, and $10,515.90 from GT-84, Third Avenue, to GT-77, Orange Avenue, and the same are hereby appropriated for the use o£ the Orange Avenue Project. Presented by Approved as to form by ~/•GO~ Lane F. Cole, City Manag George Lindberg, C Attorney ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, fhls 20th day Of November 197 9 by the following wfe, to~if: AYES: Councilmen Hyde, McCandliss, Scott, Gillow, Cox NAYES: Councilmen None ABSTAIN: Councilmen None ABSENT: CounG~~ None ~-~C~ ATTES Cify STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, GTY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RFSOi.[ITTON N0. 9857 ,and that the same has not been amended or repealed. DATED cc-sso (seal) q~~~ Gfy Clerk J ' . {'! ` r [;n.,;~ h'f. S~!ilasz, Cir7 C1exS: I>. ~?. .o;: lOC7 FIRST AMENDMENT TO COUNTY CONTRACT C,hols V~sxa, C.delornia 92012 #13725-5750 R AGREEMENT BETWEEN THE CITY OF CFIULA VISTA AND THE COUNTY OF SAN DIEGO FOR THE IMPROVEMENT OF ORANGE AVENUE THIS FIRST AMENDMENT entered into in accordance with Section 15 of the original agreement this 20th day of November 1979 by and between the City of Chula Vista, California, a municipal corporation, hereinafter called "City", and the County of San Diego, apolitical subdivision of the State of California, hereinafter called "County". WITNESSETH: WHEREAS, on January 2, 1979, City and County entered into an agreement to improve Orange Avenue from Third Avenue to Albany Avenue a distance of approximately 0.5 mile hereinafter referred to as "Project"; and WHEREAS, the Terms of this original agreement bound City and County to a maximum expenditure of $300,000 each on "Project"; and WHEREAS, it is the desire of City and County to modify the maximum expenditure provisions incorporated in this agreement in order to award the Project contract; and N06Y THEREFORE, IT IS MUTUALLY AGREED by and between City and County as follows: 1. Section 8 of said agreement is amended to read as follows: "Maximum Expenditures. This agreement shall bind County to a maximum expenditure of $475,000 in CDBG funds and City to a maximum expenditure of $475,000. 2. Section 10 of said agreement is amended to read as follows: "Payment of Costs by City. City shall deposit with County, within 30 days of receipt of invoice, City's share of Project costs. Such invoice shall not exceed SOo of total estimated Project costs, or $475,000, as of the date of invoice. After completion of Project, total Project costs shall be calculated. a. In the event City's actual share of total Project costs is less than said deposit, County will refund the difference between City's actual share and the amount of the deposit by City. b. In the event City's actual share of total Project costs exceeds said deposit, City will pay the difference, between the amount of said deposit and City's actual share R-9857 of the costs, not to exceed a total payment by City of $475,000. 3. Other than as here in amended, all other items and provisions of said agreement of January 2, 1979, shall remain unchanged and in full force and effect. IN WITNESS HEREOF, the parties hereto have caused this agreement to be executed on the date first above written. RECOMMENDED _. _. Itpprovetl and/or authorized by the Board ~ i~~~ of Supervisors of the County of San Diego D ~ ~ 1 51979.~~3a- R. MASSMa,N, D ector of Transportation /, (County) ~(;~ Clerk of the Board of Supervisor APPROVED AS TO FORM AND LEGALITY DONALD L. CLARK, County Counsel COUNTY OF SAN DIEGO: B ~ Q APPROVED AS TO FORM AND LEGALITY N y~ City Attorney L / i BY~ JG~~l_l/~S/~ _--~IivLO~Oi Clerk of the Board of ~upcrvisors CITY OF CHULA VISTA: By: Mayor r~ k- ~gs~