HomeMy WebLinkAbout1982-09-21; City Council; Resolution 7010RESOLUTION NO. 7010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING EXECUTION OF THE NINETEENTH SUPPLEMENT TO THE BASIC AGREEMENT FOR ENCINA JOINT SEWER SYSTEM TO PROVIDE AUTHORIZATION FOR VISTA SANITATION DISTRICT TO ACT AS ADMINISTRATOR FOR PHASE IIIA ENLARGEMENT AND TO EXECUTE CHANGE ORDER
TO PHASE I11 CONTRACT 10/11 FOR CONSTRUCTION OF PHASE IIIA ENLARGEMENT.
WHEREAS, the VISTA SANITATION DISTRICT, CITY OF CARLSBAD,
LEUCADIA COUNTY WATER DISTRICT, SAN MARCOS COUNTY WATER
DISTRICT, BUENA SANITATION DISTRICT, and ENCINITAS SANITARY
DISTRICT, are parties to a Joint Powers Agreement, ("BASIC
AGREEMENT"), which provides for the operation and maintenance of \
a joint sewer system commonly known as the ENCINA WATER POLLUTION
CONTROL FACILITIES, (EWPCF): and
WHEREAS, an expansion of Unit I of the EWPCF, known as
Phase ITT Upgrading and Enlargement is under construction
providing for an increase in capacity from 13.75 MGD to 18.0
MGD; and
WHEREAS, the parties hereto have agreed by virtue of a
Seventeeth Supplement to the "BASIC AGREEMENT" that Unit I of the
EWPCF be enlarged from 18.0 MGD to 22.5 MGD; and
WHEREAS, it is desirable that Phase IIIA construction of
facilities for increasing capacity in Unit'I from 18.0 MGD to
22.5 MGD be made concurrently with Phase I11 Upgrading and
Enlargement in order that the future costs of such construction
and the time required for performance thereof be lessened.
WHEREAS, LEUCADIA was designated as administrator for
the Encina Joint Powers by virtue of the Eleventh Supplement to
the "BASIC AGREEMENT"; and by reason thereof was designated as
administrator for Phase IIIA in the Seventeenth Supplement.
WHEREAS, VISTA is administrator of Phase I11 Upgrading
and Enlargement by virtue of the Seventh Supplement, and the
Encina Joint Powers are desirous of having said Sanitation
District administer Phase IIIA in that construction of Phase IIIA
facilities will not be a separate contract, but will be
accomplished by a change order to the existing contract No. 10/11
of Phase I11 Upgrading and Enlargement; and
WHEREAS, the parties hereto are desirous of authorizing
VISTA to enter into a change order for construction of Phase IIIA
for the sum of $364,000.00; and
WHEREAS, the Joint Advisory Committee to the Encina Joint
Powers has approved the proposed Nineteenth Supplement to the
"Basic Agreement"; and
WHEREAS, it is in the best interest of this District to
execute said Nineteenth Supplement; and
WHEREAS, a copy of the Nineteenth Supplement to the
"Basic Agreement" is attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the CITY OF CARLSBAD, as follows:
Section - 1: That the Mayor of this city be, and is
hereby authorized to execute the Nineteenth Supplement to
the "Basic Agreement" for the Encina Joint Sewer System.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the CITY OF CARLSBAD on this 21st day of
Septemker , 1982, by the following vote, to wit:
AYES 3 NOES 0 Absent 2
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NINETEENTH SUPPLEMENT TO BASIC AGREEMENT AUTHORIZING THE VISTA SANITATION DISTRICT TO EXECUTE CHANGE ORDER TO CONTRACT 1C/10
OF PHASE I11 UPGRADING AND ENLARGEMENT AND TO ACT AS ADMINISTRATOR OF PHASE IIIA ENLARGEMENT
This Nineteenth Supplement is made and entered into this
day of , 1982 by and among: VISTA, SANITATION
DISTRICT (VISTA), a County Sanitation District; CITY OF CARLSBAD
(CARLSBAD), a General Law City; BUENA SANITATION 'DISTRICT
(BUENA), a County Sanitation District; 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
A, VISTA, CARLSBAD, BUENA, SAN MARCOS, LEUCADIA and
ENCINITAS own and operate the ENCINA WATER POLLUTI'ON CONTROL
FACILITY and OCEAN OUTFALL (and related .facilities); hereafter
referred to as EWPCF.
B.. An expansion of Unit I of the EWPCF, known as Phase I11
Enlargement, is currently under construction providing for an
increase.in capacity from 13.75 MGD to 18.0 MGD.
C. The parties hereto have aGreed by virtue of a
* Seventeenth Supplement to the "BASIC AGREEMENT" that Unit I of
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the EWPCF bel enlarged from 18.0 MGD tO 22.5 MGD, 4
D. Phase I11 Upgrading is scheduled to be completed in
late 1982.
E. It is desirable that Phase IIIA construction of the
facilities for increasi.ng capacity in Unit I from 18.0 MGD to
I s
22.5 MGD be made concurrently with Phase 111 Upgrading and
Enlargement in order that the future costs of such construction .
and time required for performance thereog be substantially
lessened .
F. LEUCADIA was designated the administrator for the
Encina Joint Powers by virtue of the Eleventh Supplement to the
"BASIC AGREEMENT"; and by reason thereof ?as designated as
..
administrator for Phase IIIA in the Seventeeth Supplement.
G. VISTA is administrator of Phase 111 Upgrading and
Enlargement by virtue of the Seventh Supplement, and the Encina
Joint Powers are desirous of having said Sanitation District
administer Phase IIIA in that construction of Phase IIIA
facilities will not be a separate contract, but will be
accomplished by a change order to the existing contract No.
10/11 of Phase 111 Upgrading and Enlargerdent.
H. The parties hereto are desirous of authorizing VISTA to
enter into a change order for construction of Phase IIIA for the
sum of $364,000.00.
I. This Nineteenth Supplement to the "BASIC AGREEMENT" is
made pursuant to the provisions of Article I, Chapter 5, Division
7, Title I, of the Government Code of the State of California
commencing with Section 6500, relating to the joint exercise of
forces common to all public agencies; in this ;case, being all of
the parties hereto which are authorized to contract with the
other pursuant to such provisions.
NOW, THEREFORE, the parties agree as follows:
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1. VISTA As Administrator €or Phase IIIA. VISTA shall be
the administrator and lead agency for construction of the afore-
said Phase IIIA Enlargement.
2. Authorization for Change Order to Construct Phase IIIA.
VISTA is authorized to effectuate a change order with the
Brinderson Corporation in the amount of $364,000.00 as a change
order to contract 10/11 of Phase I11 Upgrading arid Enlargement
for the purpose of constructing Phase IIIA Enlargement.
3. Authority for, LEUCADIA to Pay Funds to VISTA. LEUCADIA,
as the general administrator for the Encina Joint Powers, is
authorized to pay to VISTA, as administrator of Phase IIIA
Enlargement, the sum of $364,000.00, which funds shall be paid to
LEUCADIA by each party hereto in the percentage set forth in
Section 4 of the 17th Supplement to the "BASIC AGREEMENT",
namely:
VISTA 30.00% SAN MARCOS 17.78%
CARLSBAD 25.40% LEUCAD I A 16.67% BUENA 4.59% ENC IN IT AS 5.56%
4. -Section 8 of Seventeenth Supplement Superseded. That by
virtue of this Nineteenth Supplement to the BASIC AGREEMENT,
Section 8 of the Seventeenth Supplement has become inoperative
and is hereby superseded and shall cease to be of any force and
effe'ct upon execution of this Supplement by all parties hereto.
5. Counter Parts. This Agreement may ibe executed in
counterparts, and upon execution thereof by all parties set forth
on Page 1 hereof, each counterpart shall be deemed to be an
original. This Supplement shall become effective on the last
date that a counterpart hereof is executed by a party hereto.
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IN WITNESS WHEREOF, each party hereto has caused this
NINETEENTH SUPPLEMENT to the "BASIC AGREEMENT" to be signed by
its respective officials heretofore duly authorized by the legis-
lative body thereof.
Approved by Resolution No.
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Approved by Resolution No. 7010
. On 9-21-82
Attest: 9 ITY e.g- CLERK
Approved . by Resolution
No.
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Approved by Resolution No.
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Approved 'by Resolution No.
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Approved by Resolution No.. ,. I
VISTA SANITATION DISTRICT,
.. BY
,I
BY
LEUCAOIA COUNTY WATER
DISTRICT,
BY
SAN MARCOS COUNTY WATER DISTRICT,
BY
BUENA SANITATION DISTRICT,
BY
ENCINITAS SANITARY DISTRICT,
On 1 BY 1
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