Reso 0509-01/1979 RESOLUTION NO. 509
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE SAN MARCOS COUNTY WATER DIST-
RICT, CALIFORNIA, AWARDING CONTRACT
FOR CONSTRUCTION OF CERTAIN IMPROVE-
MENTS FOR ASSESSMENT DISTRICT 76-1
WHEREAS, the Engineer of Work has heretofore prepared plans
and specifications for the construction of certain water system improve-
ments for the benefit of Assessment District No. 76-1, which plans and
- specifications are entitled "Contract Documents and Specifications for
the _Construction of a 1.0 Million Gallon Steel Tank, Water Transmission
Mains and Appurtenances for Assessment District No. 76-1 (Las Posas)";
and
WHEREAS, this Board of Directors, by its Resolution No. 480
has approved the aforesaid plans and specifications and authorized the
submission thereof for competitive bids; and
WHEREAS, on September 26, 1978, after due notice had been
given as provided by law, bids were received and opened by the Secretary
of the District;
NOW, THEREFORE, the Board of Directors of the San Marcos
County Water District DOES HEREBY RESOLVE, DETERMINE AND ORDER, as
follows:
SECTION 1. The bid of METRO YOUNG CONSTRUCTION COMPANY
for the construction of the work described in the aforesaid "Contract
Documents and Specifications for the Construction of a 1.0 Million
Gallon Steel Tank, Water Transmission Mains and Appurtenances for
Assessment District No. 76-1 (Las Posas)" is the lowest and best bid
received by the Secretary of the District for said work; and said bid
in the amount of $583,972 is hereby accepted.
SECTION 2. Copies of a contract, in the form contained
in the aforesaid "Contract Documents and Specifications for the
onstruction of a 1.0 Million Gallon Steel Tank, Water Transmission Mains
and Appurtenances for Assessment District No. 76-1 (Las Posas)" shall
be forwarded to said successful bidder for execution. Upon execution
Resolution No. 509
by the successful bidder, the President of the Board of Directors is
authorized to execute and the Secretary of the District is authorized
to attest to said Contract.
ADOPTED, SIGNED AND APPROVED this 22nd day of January, 1979,
by the following roll call vote:
AYES: Directors: Keebaugh, Smith, Ferguson, Mahr, Blanchard
NOES: Directors: None
ABSTAIN: Directors: None
ABSENT: Directors: None
(SEAL)
ATTEST:
the Joint Advisory Committee representing more than
51% of the ownership of the Joint System.
SECTION 8: Leucadia shall. prepare or cause to be prepared
each calendar month an operation and maintenance report
which shall, contain slit pertinent information telsling
to the operation and maintenance of the Encina Water
.Pollution Control Facility, including but not limited to
average daily flows for each party hereto and expenditures
for the operation of the-Joint System. Each report shall
be submitted to each member of the Joint Advisory Com-
mittee at least three (3) days prior to each regularly
scheduled monthly meeting of said
SECTION 9: Leucadia, with the approval of the Joint Advisory
ory Committee, shall assign one person to the Encina Water
Pollution Control Facility whose sole responsibility shall
bethat of managing said facilities.
SECTION 10: Commencing on July 1, 1980, and for each fiscal
year thereafter, Leucadia shall prepare and submit to the
governing bodies of each party hereto a proposed overhead
charg. e that will be charged by Leucadia for the ensuing
fiscal year. Upon approval by all governing bodies of the
parties hereto of an "overhead charge" to be paid Leucadia.
said amount shall be made a part of the budget foc operation
ion and maintenance of the Encina Water Pollution Control Facility
SECTION 11: This agreement may be terminated by Leucadia
provided Leucadia gives to all parties hereto written
notice no less than 120 days, and not more th,n 180
prior to the date that such termination shall become
effective.
-9-
SECTION 12: This agreement may also be terminated by
written consent of a majority of the parties hereto and
any operator named to replace Leucadia shall required
written consent of a majorcity .of tke parties herein
SECTION 13: In the event theft Leucadia is replaced by any
one of the parties hereto~ or replaced by any other
public agency, any agreement entered into with such
replacement agency shall require that such agency
employ all personnel that are then employed by Leucactia
and are assigned to perform full-time duties at the
Encina Water Pollution Control Facility.
SECTION 14: As used in this agreement Encina Water'
Control Facility shall mean the Joint S.ystem and
Joint System shall mean the Encina Water Pollution
Control Facilities.
SECTION 15: The operator shall pay each representative of
the Joint Advisory Committee, (or the alternate who
attends a meeting by reason of the temporary absence of
a representative) an attendance fee of Twenty Five
Dollars ($25.00) for each meeting of the Joint Advisory
Committee attended, provided that the maximum payable
hereunder to any one person is Fifty Dollars ($50.00)
for each calendar month. The cost of any supplies
help furnished the Joint Advisory Committee by the-
operator and any attendance fees shall constitute a part
of the total expenses of maintaining and operating the
Joint System and shall be paid as hereinabove provided
for the payment of operation and maintenance costs
the said Joint System.
-10-
SECTION 16: Anything to the contrary herein notwithstanding,
VISTA shall remain the sole and exclusive administrator
of the Phase III Enlargement project as provided for in
the Seventh Supplement to this Basic Agreement'.
SECTION 17: No provision of this agreement shall be construed
to detract from the powers, duties and functions of the-
Joint Advisory Committee as set forth in section seven (7)
of Seventh Supplement to the Basic Agreement.
SECTION 18: Each report and recommendation of the Joint
Advisory Committee permitted by Section 7 of the Seventh
Supplement to the Basic Agreement shall be considered
as having been made by all parties hereto when made
to the operator by said committee upon a majority vote
of said committee based upon the voting rights of each
member of the committee as follows:
"The total vote of all members of the Joint
Advisory Committee shall be 100%. When voting on a
matter involving the treatment plant (Unit I) or the
Ocean Outfall (Unit J) each member shall have a percent-
age of vote equal to one-half (1/2) of the percentage of
capacity of the party he represents in the unit involved.
Where a representative of a party to this Agreement is
temporarily absent, his alternate shall cast the vote
of the absent representative."
SECTION 19: This agreement may be executed in counterparts,
and upon its execution thereof by the parties hereto,
each .such counterpart shall be deemed to be an original.
IN WITNESS WHEREOF, each party hereto, pursuant to the
resolution passed and adopted by the respective governing body has
caused this Eleventh Supplemental Agreement to be executed on the
-11-
day and year first above written.
DATED: LEUCADIA COUNTY WATER DISTRICT
By: ,President
DATED:
By: ,Secretary
DATED: VISTA SANITATION DISTRICT
By: ,Chairman
DATED: CITY OF CARLSBAD
By:
DATED: BUENA SANITATION DISTRICT
By: Clerk of the Board of Directors
DATED: SAN MARCOS COUNTY WATER DISTRICT
By: President
DATED:
By: ,Secretary
DATED: ENCINITAS SANITARY DISTRICT
By:
-12-