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HomeMy WebLinkAbout1979-03-06; City Council; Resolution 57051 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 le 19 2c 21 22 22 24 25 26 27 2e A s CALI F RESOLUTION NO. 5705 LUTION OF THE CITY COUNCIL OF THE CITY OF CnnLSBAD, RNIA, APPROVING AND AGREEING TO THE NINTH SUPPLEMENT VICES FOR PHASE I11 BETWEEN THE CITY OF CARLSBAD AND VISTA SANITATION DISTRICT, BUENA SANITATION DISTRICT, SAN MARCOS COUNTY WATER DISTRICT, LEUCADIA COUNTY WATER DISTRICT AND ENCINITAS SANITARY DISTRICT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID SUPPLEMENT ON BEHALF OF THE CITY OF CARLSBAD TO BASIC AGREEMENT TO PROVIDE CONSTRUCTION MANAGEMENT SER- BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the City of Carlsbad does hereby approve and agree to the Ninth Supplement to Basic Agreement to Provide Construction Management Services for Phase 111, a copy of which is attached and incorporated by reference herein. 2. That the Mayor of the City of Carlsbad is hereby authorized and di- rected to execute on behalf of the City of Carlsbad the Ninth Supplement to Basic Agreement to Provide Construction Management Services for Phase 111. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at a regular meeting held the 6th day of March , 1979, by the follow- ing vote, to wit: AYES : Councilmen Packard, Skotnicki , Anear, Lewis and NOES: None Counci 1 woman Cas1 er ABSENT: None ATTEST: (SEAL) 0 0 NINTH SUPPLEMENT TO BASIC AGREEMENT TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES FOR PHASE I11 This Ninth Supplement to Basic Agreement is made and entered into as of the day of , 1979, by and into a among: VISTA SANITATION DISTRICT ("Vista") , a county sanitation district, whose governing board is the City Council of the City of Vista; CITY OF CARLSBAD ("Carlsbad"), a municiDal corporation; 3UENA SANITATION DISTRICT ("Buena") , a county sanitation district, whose aoverning board is the Board of Super- visors of San Diego County; SAN MARCOS COUNTY WATER DISTRICT ("San Marcos") , a county water district; ~ LEUCADIA COUNTY WATER DISTRICT (,"Leucadia") , a county water district; and ENCINITAS SANITARY DISTRICT ( "Encinitas") , a sanitary district. RECITALS WHEREAS, the aforesaid public aqencies have entered joint powers agreement, pursuant to Chanter 5 of Division 7 of Title I of the Government Code for the joint exercise of powers relating to the acquisition, construction, operation and maintenance of facilities for the transmission, treatment, and -1- r L I: 0 0 disposal of sewage, which facilities comprise a sinqle system of sanitation works and includes expansion of such facilities by and upgrading of and WHEREAS, and upqrading is WHEREAS, progress; and the Encina Water Pollution Control Facility; engineering desiqn for the aforesaid enlargement presently in progress; and said enlargement and upqrading is presently in virtue of a project commonly known as Phase I11 enlarqement of construction contracts having substantial monetary value and will WKEREAS , said enlargement and uppading will require require supervision, coordination, and management; and WHEREAS, it is in the best interests of all the Dublic agencies which are a party hereto that the services of a con- struction manager be provided for the Phase I11 enlargement and upgrading; and WHEREAS, at a regular meetins of the Joint Advisory Committee held on January 17 , 1979, a motion was duly made, seconded and unanimously adopted that Vista Sanitation District be authorized to enter into the agreement attached hereto marked Exhibit "A"; and WHEREAS, the said proposed contract attached hereto marked Exhibit "A" is in accordance with the Amendments to Title 40 of the Code of Federal Regulations, Part 35, as published in the Federal Register of December 17, 1975; and -2- . . . ._I . ".. . I_u - . -. . . . . I . **,.* .. , . .. 0 0 WHEREAS, the parties to the aforesaid Joint Powers Agreement are receiving a grant from the United States Environmental Protection Agency for a substantial nortion of the said Phase I11 enlargement and upgrading; and WHEREAS, by a duly authorized and executed supplemental agreement to the aforesaid Joint Powers Agreement the Vista Sanitation District has been appointed and is presently acting as administrator of the Phase I11 enlargement and upgrading; and WHEREAS, said Vista Sanitation District reuuires the approval of all parties to the aforesaid Joint Powers Agreement in order to enter into a contract for construction manaaement authority for said Phase I11 enlargement and upgrading. NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES AND ?NJTUAL THE PARTIES HERETO AGREE COVENANTS AND AGREEMENTS HEREIN CONTAINED, AS FOLLOWS: Section 1: That the Board of Directors of the Vista Sanitation District be, and is hereby authorized to enter into a contract for construction management services with LOWRY & ASSOCIATES, a California corporation; and RONALD 0. ROHADFOX, dba CONSTRUCTION CONTROL SERVICES, a joint venture, in the form and substance as that attached hereto and marked Exhibit IlA If Section 2: That the parties hereto agree that any costs required for construction management services by the contract described in Section 1 above which are in excess of the grant to be received by the parties hereto from the United States Environmental Protection Agency for Phase I11 enlargement and -3- ... -.-5. .._ .. . .. -. . . ... ".A ,. upgrading shall be shared in the same proportion as Drovided in Section 4 of the Seventh Supplement to the Basic Agreement €or Engineering Services. Section -- 3: This agreement may be executed in counterparts, and upon execution thereof by all of the parties set forth on Page 1 hereof, each counterpart shall be deemed an original. IN WITNESS WHEREOF, each party hereto has caused this Ninth Supplement to Basic Agreement to be signed by its respective officials heretofore duly authorized by the 1eTislative bodies thereof. Approved by Resolution No. on Approved by Resolution No. 5705on March 6, 197L Approved by Resolution No. on Approved by Roll Call Vote on Approved by Resolution NO. I on VISTA SANITATION DISTRICT By : Chairman BUENA SANITATION DISTRICT By : Clerk, Board of Supervisor SAN MARCOS COUNTY WATER DISTRICT By : Vice President By : Secretary LEUCADIA COUNTY WATER DISTRICT BY : President By : Secretary .. . -4- ", 3 .,' h ,b t -. .. Approved by Resolution ENCINITAS 'SANITARY DISTRICT No. on By : President By : Secretary