Reso 0918-11/1991 RESOLUTION NO. 918
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE VALLECITOS WATER DISTRICT
AMENDING THE REVISED BASIC AGREEMENT
TO PROVIDE FOR ALLOCATION OF FINAL PROJECT PAYMENTS
FOR PHASE IV EXPANSION AND RELATED PROJECTS
WHEREAS, the Vallecitos Water District ("District") is a party to the
"Revised Basic Agreement for Ownership, Operation, and Maintenance of a Joint
Sewage System" (the "RBA"); and
WHEREAS, under the RBA, the Vallecitos Water District is required to
make payments based upon its ownership of the Joint System; and
WHEREAS, an adjustment in the schedule of payments is desirable to
promote equity among the parties to the RBA, and to take into consideration the
nature and extent of Phase IV Expansion projects' benefit to the Vallecitos Water
District;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the
Vallecitos Water District as follows:
SECTION 1: Section 18.2.1 of the Revised Basic Agreement shall be
amended as follows:
18.2.1 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 member agency financial
representatives of the amounts needed following receipt of each
month's invoices. Final projcct payments shall be adjusted as
dcscribcd in Exhibit B. In addition, upon the completion and
acceptance by EAA of each of: (a) the Western Summit/TIC construction
contract project, and (b) the Phase IV odor control and associated
facilities. and (c) again, upon completion and acceptance of the
Avenida Encinas Street widening project bv the City of Carlsbad per
its contract with EAA, adjustments shall be calculated and paid in the
manner set forth in Exhibit B, considerinq all Phase IV Expansion work
completed to date or invoiced to the member aqencies. Upon completion
and acceptance of all work authorized by EAA as part of the Phase IV
Expansion, a final adjustment shall be calculated and paid in
accordance with Exhibit B.
SECTION 2: The General Manager is hereby authorized and directed to
execute an amendment to the RBA as provided in this resolution. Such amended RBA
shall be effective as of the date it is executed by all the member agencies.
Resolution 918
Page Two
SECTION 3: This resolution shall be forwarded to the EAA immediately
following its adoption.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the
Vallecitos Water District at a regular meeting held on this 4th day of November,
1991, by the following roll call vote:
AYES: Burton, Ferguson, Gregoryk, Mason, Newport
NOES:
ABSENT:
ABSTAIN:
Vallecitos Water District
ATTEST:
William W. Rucker, Secretary
Board of Directors
Vallecitos Water District