HomeMy WebLinkAbout1991-12-03; City Council; Resolution 91-381w .t-
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RESOLUTION NO. 91-381
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA AMENDING THE REVISED BASIC AGREEMENT TO PROVIDE
FOR ALLOCATION OF FINAL PROJECT PAYMENTS FOR PHASE IV
EXPANSION AND RELATED PROJECTS
WHEREAS, the City Council of the City of Carlsbad, California is a pam
"Revised Basic Agreement for Ownership, Operation and Maintenance of l
Sewage System" (RBA); and
WHEREAS, under the RBA, the City of Carlsbad is required to make pa
based upon its ownership of the Joint System; and
WHEREAS, an adjustment in the schedule of payments is desirable to p
equity among the parties to the RBA, and to take into consideration the nati
extent of Phase IV Expansion projects' benefit to the City of Carlsbad;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
Carlsbad, as follows:
Section 1. Section 18.2.1 of the Revised Basic Agreement shall be amen
follows:
"1 8.2.1 Phase IV Expansion. Phase IV contract expenses approved by
EAA shall be paid once a month based on invoices from the contractor,
the design engineer, and the construction manager. The payments will
vary over the duration of the job. The Operator/ Administrator shall
notify the City's Financial Management Director of the amounts needed
following receipt of each month's invoices. In addition, upon the
completion and acceptance by EAA of each of: (a) the Westerr;
Summit/TIC construction contract project, and (b) the Phase IV odoi
control and associated facilities, and (c) again, upon completion anc
acceptance of the Avenida Encinas Street widening project by the Cib
of Carlsbad per its contract with EAA, adjustments shall be calculatec
and paid in the manner set forth in Exhibit B, considering all Phase IL
Upon completion and acceptance of all work authorized by EAA as par
of the Phase IV Expansion, a final adjustment shall be calculated anc
paid in accordance with Exhibit B."
Expansion work completed to date or invoiced to the member agencies
Section 2. The Mayor of the City of Carlsbad is hereby authorized and dirc
execute an agreement to the RBA as provided in this resolution. Such amendment
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effective as of the date it is executed by all the member agencies.
Section 3. This resolution shall be forwarded to the EAA immediately upc
adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Cc
held on the 3rd day of kcder, 1991 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton and
NOES: None
ABSENT: None gd[L
UDE A. L IS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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