HomeMy WebLinkAbout1979-08-21; City Council; Resolution 5894IC
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0
RESOLUTION NO. 5894
a
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD AUTHORIZING EXECUTION OF THE TWELFTH SUPPLEMENT TO THE BASIC AGREEMENT AMENDING TENTH SUPPLEMENT TO BASIC AGREEMENT PROVIDING FOR INCREASE IN MWS OF MISCELLANEOUS
CONTRACTS ON PHASE I11 CONSTRUCTION.
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 which provides for the operatio]
and maintenance of a joint sewer system commonly known as the ENCINi
WATER POLLUTION CONTROL FACILITY; and
WHEREAS, design for an enlargement of the EWPCF known as
Phase I11 is currently in progress providing for an increase in the
capacity of Unit I (sewage treatment plant) of 4.25 MGD, from 13.75
to 18.00 MGD, and some adjustments and modifications of Unit J
(Ocean Outfall) rendered necessary and desirable by virtue of
Phase I11 Englargement; and
WHEREAS, Vista Sanitation District has been designated by
the parties hereto in the Seventh Supplement to the Basic Agreement
as the Administrator of Phase I11 enlargement; and
WHEREAS, it is desirable that construction of Phase I11
commence at the earliest practical time, and it is necessary to
provide for the letting of contracts for the prepurchase of equip-
ment and for letting of construction contracts; and
WHEREAS, each member of the joint powers herein have exe-
cuted a Tenth Supplement to the Basic Agreement, which supplement
provided among other things that Vista is authorized to enter into
miscellaneous contracts for construction of Phase 111, and that
each such contract shall not exceed $50,000 and that the cumulative
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
total thereof shall not exceed $200,000.00.
WHEREAS, subsequent to execution of the said Tenth
Supplement, circumstances have arisen in connection with the
relocation and said installation of public utilities and
construction related to needed adjustments of the railroad bridge
and appurtenances situated upon the EWPCF that require the maximum
of individual miscellaneous contracts to be increased to $125,000.00
and the cumulative total of such contracts to be increased from
$200,000.00 to $300,000.00.
WHEREAS, at a regular meeting of the Joint Advisory
Committee to the Joint Powers held on July 25, 1979, execution of
this supplement was unanimously recommended.
WHEREAS, a copy of the Twelfth Supplement to the Basic
Agreement is attached hereto and incorporated herein by reference.
NOW THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. That the City Council of this City be and is hereby
Authorized to execute the Twelfth Supplement to the Basic Agreemenl
for the Encina Joint Sewer System.
2. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said agreement for and on
behalf of the City of Carlsbad.
xxx
xxx
xxx
xxx
xxx
xxx
1
2
3
4
K ”
E
7
E
z
1(
1:
1:
1:
11
l!
11
1’
1(
1
2
2
2
2
2
2
2
2
2
0 0
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 7istday ofdust. , 1979 by
the following vote, to wit:
AYES : Councilmen Packard, Skotnicki, Anear and Councilwoman Casler NOES : No ne
ABSENT: Councilman Lewi
ATTEST :
(SEAL)
.. , .- I
- .'... ... ~ . ~- , .., . . .. ..
c
TWELFTH SUPPLEMENT
TO BASIC AGREEMENT
AMENDING TENTH
SUPPLEMENT TO BASIC
AGREEPIENT PROVIDING
FOR INCREASE I?$ ANOUNTS
OF 141 SCELLANEOUS CONTRqCTS
ON PHASE I I I CONSTRUCTION.
ORIGINAL
COUNTERPART -
This Twelfth Supplement is made and entered into this ---
day of , 1979, by and among: VISTA SANITATION DISTRICT
(VISTA) , a -County sanitation district whose goverQing hoard is the
City Council of the City of Vista; CITY OF CARLSBAD (CARLSBAD), a
municipal corporation; BUENA SANITATION DISTRICT (BUENA), a County
sanitation district whose governing board is the Board of Supervisor
of San Diego County; SAN MARCOS COUNTY WATER DISTRICT (SAN PlAIZCOS) , a
County water district; LEUCADIA COUNTY WATER DISTRICT (LEUCADIA) , a
County water district and ENCINTTAS SANITARY DISTRICT
a sanitary district.
A. VISTA, CARLSBAD ,
(ENCINITAS) ,
RE C I T A L S:
BUENA I SAN MARCOS, LEUCADIA and ENCINITAS
own and operate the Encina Water Pollution Control Facility and Ocean
Outfall (and related facilities) ; hereinafter referred to as "EWPCF".
B. Design for an enlargement of the EWPCF known as Phase I11
is currently in progress providing for an increase in the capacity
MGD, . and some adjustments and modifications of Unit J
rendered necessary and desirable by virtue of
(Ocean Outfall)
the Phase I11 Enlarqement.
t
C. VISTA has beer, designated by the parties hereto in the
Seventh Supplement to the Basic Agreement as the Admini.st.rator of
Phase I11 Enlargement.
D. It is desirable that construction of Phase 111 cormnence at b
the earliest practical tine. It is necessary to provide for the
letting of contracts for the prepurchase of equipment and for letting
of construction contracts.
E. Each member of the joint powers herein have executed a Tenth
Supplement to the Basic Agreement, which supplement provided among
other thinqs that Vista is authorized to enter into miscellaneous
contracts for construction of Phase 111, and that each such contract
shall not exceed $50,000 and that the cumulative total thereof shall
not exceed $200,000.00
F. Subsequent to execution of the said Tenth Supplem.ent, circum-
stances have arisen in cofinection with the relocation and installation
of public utilities and construction related to needed adjustments of
the railroad bridge and appurtenances situated upon the EWPCF that
require the maximum of individual miscellaneous contracts to be
increased to $125,000.00 and the cumulative total of. such contracts
to he increased from $200-~000.00 to $300,000.00
G. At a regular meeting of the Joint Advisory Committee to the
Joint Powers held on July 25, 1979, execution of this supplement was
unanimously recommended. I . “I
H. This Twelfth Supplement to the Basic Agreement is made pursuant
to the provisions of Article 1, Chapter 5, Division 7, Title 1 of the
Government Code of the State of California (commencing with Section
6500)r relating to the joint exercise of powers common to all public
agencies, in this case being VISTA, CARLSBAD, BUENA, SAN bmRCOS,
LEUCADIA and ENCINITAS, each of which is autorized to contract with
2.
the others pursuant thereto.
NOW THEKEFORE IN CONSIDERATION OF THE PROMLSES, COVENANTS AND
AGREEIENTS HEREIN CONTAINED, THE PARTIES AGREE AS FOLLOWS :
SECTION 1.: It is hereby agreed that Section11 of the Tenth t -__-
Supplement to the Basic Agreement be and is hereby amended to read
as follows:
"SECTION -__- 11: MISCELLANEOUS CONTRACTS. It is anticipated that
during the course of construction of Phase 111 Enlargement the
necessity will arise for VISTA to enter into one or more contracts
for less than $125,000.00 for the performance of work shown on the
engineers plans and specifications but not included in the mayor
construction contracts to be let by VISTA and authorized under
Section 3 of the Tenth Supplement,
enter into such contracts as are necessary to supplement the
construction contracts proposed by the design engineer for said
Phase I11 Enlargement.
include only matters required by the plans prepared by said design
engineers and approved by the Environmental Protection Agency. No
single contract shall exceed $125,000.00 and all such supplemental
contracts hereby defined as "mini contractsIn shall not exceed a
VISTA is hereby authorized to
Provided, however, any such contracts shall
cumulative total of $300,000.00 'I
SECTION 2 : COUNTERPARTS. This agreement may be executed in
counterparts, and upon execution thereof by all of the parties set
forth on page 1 hereof, each such counterpart shall be deemed to
be an original.
. . . . . . . .
+ 0 XI,
P. .- *
* IN WITNESS WIiEREOI', each party hereto
Supplement to the Basic Agreement to be s
has caused thi.s Twelfth
gned by its respective
officials heretofore duly authorized by the legislative bodies there0.f.
Approved by resolution
b
VISTA SANITATIOIil DISTRICT
- - - on
BY:
No
NO on BUENA SANITATION DISTRICT
..
I BY:
No On SAN MARCOS COUNTY WATER DISTRICT
BY:
NO on LEUCADIA COUNTY WATER DISTXCT
- BY:
No on ENCINITAS SANITARY DISTRICT
BY: