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HomeMy WebLinkAbout1973-06-05; City Council; Resolution 3140RESOLUTION NO. 3140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE A SUPPLEMENT TO THE JOINT PO!dERS AGREEMENT FOR THE ENCINA SEWER SYSTEM WITH THE VISTA SANITATION DISTRICT TO PROVIDE FOR EXPANSION OF AND ADDITIONS TO SAID SYSTEF1; ACCEPTING THE PROPOSAL OF BROWN AND CALDWELL TO PROVIDE ENGINEERING SERVICES IN CONNECTION THEREWITH AND AUTHORIZING FUNDS THEREFOR. WHEREAS, the City of Carlsbad and the Vista Sanitation District are parties to a joint powers agreement which provides for the construction and operation of a joint system of facilities for the transmission, treatment and disposal of sewage; and WHEREAS, said parties to said agreement desi re to en1 arge and add to said system including the Buena Vista Pumping Station, Buena Vista Force Main and the Agua Hedionda Pumping Station; and WHEREAS, it is necessary to employ an engineer to investigate, plan and design said enlargement and addition; and WHEREAS, Brown and Caldwell have submitted a proposal to perform said services; and WHEREAS, a supplement to the joint powers agreement has been prepared which details the steps necessary to accomplish the work. Said agreement is on file in the office of the City Engineer and is incorporated by reference herein. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1, That the above recitations are true and correct. 2. That the mayor and city clerk are hereby authorized to execute the supplemental agreement with the Vista Sanitation District to accomplish the expansion of and addition to the joint sewer system. 1. 0 0 3. That the proposal of Brown and Caldwell, Consulting Engineers, to perform the engineering services necessary to said expansion and addition is accepted and the expenditure of an amount not to exceed $1,650.00 is hereby authorized from the Joint Sewer Construction Fund 16-128 for said purpose. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 5th day of June , 7973, by the following vote, to wit: AYES : Cmn. McComas, Lewis, Chase, and Frazee. NOES : None. ABSENT: Cmn. Dunne. GLENN E. McCOMAS, Vice-Mayor ATTEST: n (seal 1 2. 0 DRAFT I 0 SQPPLEMENTAL AGREEMENT BETWEEN THE VISTA SANITATION DISTRICT AND THE CITY OF CARLSBAD FOR THE ENLARGEMENT OF AND ADDITION TO THOSE JOINT FACILITIES KNOWN AS THE BUENA VISTA PUMPING STATION, THE BUENA VISTA FORCE MAIN AND THE AGUA HEDIONDA PUMPING STATION WHEREAS, on July 13, 1961, the VISTA SANITATION DISTRICT, a County I Sanitation District, (hereinafter referred to as "Vista") and the City of Carlsbad, a municipal corporation, (hereinafter referred to as "Carlsbadn) entered into an agreement pursuant to Chapter 5 of Division 7 of Title I of the Government Code for the joint exercise of powers and the acquisition, construction and operation of facilities for the transmission, treatment and disposal of sewage, which facilities shall comprise a single system of -* sanitation works, hereinafter referred to as the "joint system;" and WHEREAS, it is desired to enlarge and add to certain existing trans- mission facilities constructed as part of said joint system, including the Buena Vista Pumping Station, the Buena Vista Force Main and the Agua Hedionda Pumping Station, which facilities are hereinafter referred to as "the project;" and WHEREAS, it is desired to employ an engineer to furnish engineering services for the investigation, planning and design of the project; and WHEREAS, Brown and Caldwell , Consul ti ng Engineers, have submitted a proposal dated April 25, 1973, to perform the aforesaid engineering services for Vista; and NHEREAS, it is desired to submit an application for federal grant under the Federal Water Pollution Control Act (Public Law 660, 84th Congress), and for a state grant under the Clean Water Bond Law of 1970, to assist in the financing and construction of the project, which applications will require the preparation and submittal of the necessary documents; and S+IHEREAS, under the regulations prescribed by the Secretary of Interior , and the California Administrative Code, the proposed project constitutes a . mufti-municipal project designated a joint project which requires that one of the agencies b2 designated to apply for a grant for the joint project, A Exh i b i t "A" .- 1 - - ., NOW, THEREFORE, the parties hereto covenant and agree as follows: 7. Vista is hereby designated as the central agency and is authorized ~2 nakz appiication FOP, receive and disburse federa? and stat? grant funds on behalf of Vista and Carlsbad, based upon each party's share of ownership and costs in the project, as hereinafter defined. 2. As provided in the basic agreement, Carlsbad and Vista will own portions of the proposed enlargements and additions to the joint sewer system, as tenants in common, and each will be entitled to sewage trans- m-ission services therein for the life of the project. .. . 3. The total of all monies received under any grants will be credited to each agency in the same proportion as additional capacity rights and owner- ship are provided in the project, as defined in the project report to be prepared by the engineer employed as herein authorized. 4. Vista is hereby authorized to employ the County of San Diego, Department of Sanitation and Flood Control, as necessary to provide consult- ing services in connection with the application for and administration of grant funds, and in admiEistering and coordinating other activities, as herein provided, to expedite completion of the project. 5. Vista is hereby authorized to retain Brown and Caldwell, Consulting Engineers, to perform engineering services in substantial conformance with the terms of their aforesaid proposal. Any changes or variations in the scope of work from that set forth in said proposal shall be first approved in writing by Vista and Carlsbad. 6. Engineering costs incurred in the preparation of the project report, the environmental impact statement and the revenue program and financial plan, all as defined in the aforesaid Brown and Caldwell proposdl, shall be shared 15% by Carlsbad and 85% by Vista. The costs of all other design services, maintenance manual prepardtion, and miscellaneous services, as defined in the aforesaid proposal, shall be shared by Vista and Carlsbad in proportion to their added capacity rights in the project, as determined arid set forth in the project report as is is finally approved by Vista and Carlsbad. 7. Thz sasic agrsement and all the supplements thereto shall con-kinue in full force and effect as modified and supplemented by the first supple- ment, the second supplement and third supplement and all other supplemental agreements, except as herein amended. IN WITNESS WHEREOF, each party hereto, pursuant to the resolution passed and adopted by th.e respective governing body has caused this agree- ment to be executed the day first above written. VISTA SANITATION DISTRICT IS/ / By: Chairman, Board of Directors CITY OF CARLSBAD I GLENN E. McCOMAS, Vi ce-Mayor