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HomeMy WebLinkAbout1979-05-29; City Council; Resolution 57851 2 3 4 E U c 7 E E 1( 1: 1: 1: 1s 1 1 1 1 1 2 2 2 2 2 2 2 2 2 I, RESOLUTION NO. 5785 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE TENTH SUPPLEMENT TO THE BASIC AGREEMENT PROV I D I NG FOR PHASE I 1 I CONSTRUCT 1 ON COST APPOR- TIONMENT AND AUTHORIZING VISTA SANITATION DISTRICT TO ENTER INTO CONSTRUCTION CONTRACTS AND AUTHORIZING THE MAYOR OF THE CITY OF CARLSBAD TO EXECUTE SAID SUPPLEMENT BE IT RESOLVED by the City Council of the City of Carlsbad as follows: I. That the City of Carlsbad does hereby approve the Tenth Supplement 3 the Basic Agreement Providing for Phase Ill Construction Cost Apportionment nd Authorizing Vista Sanitation District to Enter into Construction Contracts, copy of which is attached hereto and incorporated herein by reference. 2. That the Mayor of the City of Carlsbad is hereby authorized and di- ected to execute on behalf of the City of Carlsbad the Tenth Supplement to the asic Agreement Providing for Phase Ill Construction Cost Apportionment and uthorizing Vista Sanitation District to Enter into Construction Contracts. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad adjourned , 1979, by the following t an,teguIar meeting held the 29th day of Ma.y fote, to wit: AYES: NOES : None ABSENT: Mayor Packard Councilmen Lewis, Anear and Skotnicki Counci 1 woman Cas1 er {TTEST : (SEAL) .. .. .. -- , .' . *, t . L.4 e1 c TENTH SUPPLEMENT TO BASIC AGREEMENT PHASE 111 CONSTRUCTION COST APPORTIONMENT AND PROVIDING FOfi i AUTEIORIZING VISTA SANITATION DISl'RTC'f' TO ENTER INTO CONSTRUCTION CONTRACTS This Tenth Supplement is made and entered into this day of , 1979, by and amang: VISTA SANITATION DISTRICT (VISTA), a County sanitation district whose governing board is the City Council of the City of Vista; CITY OF CARLSBAD (CARLSBAD], .a municipal corporation; BUENA SANITATION DISTRICT (BUENA) I a County sanitation district whose governing board is the Board of Supervisoq of San Dieyo County: SAN P4ARCOS COUNTY WATER DISTRICT (SAN !4ARCOS), a County water district; LEUCADIA COUNTY WATER DISTRICT (LEUCADIA), a County water_ district and ENCINITAS SANITARY DISTRICT (ENCIMLTAS) , a sanitary district. - 'R E C I T A L S: A, VISTA, CARLSBAD, BUENA, SAN MARCOS, LEUCADIA and ENCINITAS ow; 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 111 is currently in progress providing for an increase in the capacity of Unit I (sewage treatment plant) of 4.25 MCD, from 13.75 to 18.00 M(;D, and some adjustments and modifications of Unit J (Ocean Outfall) render4 necessary and desirable by virtue of the Phase 111 Enlargement. 5.l4b ..., I-.. . . ,.., ,.... ..'. '. -r..* . .. ' .. .. H- .I.. . ,r ... .. . " . . - , ._... C. VISTA has been designated by the parties hereto in D. Xt is desirable that construction of Phase 111 commence at the earliest practical time. the letting of contracts for the prepurchase. of equipment and for It is necessary to provide for letting of construction contracts. E. !Ct is necessary to provide for allocation among the parties hereto of the cost of Phase I11 Enlargement. .. .. F. It is'necessary to provide for the ownership and capacity rights in Unit: I and J of each party hereto upon completion of Phase I11 Enlargement. t G It is desirable to provide for distribution of any funds held by VISTA upon completion of Phase 111 Enlargement. ...I . - - . It is necessary to provide far reimbursement to ENCINITAS upon completion of Phase I11 by all other parties for the reduction of ownership by Encinitas in the sedimentation tanks and land. .. . .. .. . . . .I .. . . ..; I. .. .I. It is necessary to provide for the apportionment among the parties hereto for the cost of upgrading the EWPCF from primary .* to secondary. .. J. This Tenth'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 (com- mencing with Section 6500), relating to the joint exercise of powers comon to all public agencies, in this case being VISTA, CARLSBAD, BUENA, SAN MARCOS, LEUCADIR and ENCINITAS, each of which is authorized to contract with the others pursuant thereto. NOW THEREFORE IN CONSIDERATION OF THE PROMISES, COVENANTS -2- *. 0, - .Water Pollution-C trol Facility shall be enlarged and improved to -_ - L- ------ --- _______ meet- future flowage demands of the parties hereto, and environmental -- -_ - -- - I__ - -- . ___ -- - -- -- - i= p_r_>ection requirements of applicable regulatory bodies and such -- -- ----- -- - --_ ____^ - - - --shall- hereafter _be referred to as the Phase 111 Enlargement, PHASE I11 A JOINT PROJECT. The Phase III --- - -- . - --- -- - c- -_ --- --_ - . -. -- - - SECTION 2: Enlargement shall be a joint project of VISTA, CARLSBAD, BUENA, -___ . __ -_ # -- --- SAN _- - - MARCOS, LEUCADTA and ENCINITAS. -- VISTA - is hereby appointed as the-administrator of the joint project and has been authorized to - - -- - .. __ -_ _. - -contract with Brown' and Caldwell, Consulting Engineers, for -- engineering.services; with Arthur Beard Engineers, Inc. for Value -- .- --"- I- - - - -. - .__ -__ c- - Engineering Services; and kith Lowry and Associates/Construction -- - - __ ~ __- - - -Control Services, a joint venture, for Construction Management Services and to apply for and accept State and Federal G2ants. _- --- -_ __ -_ - -.--- __- - -- _- -- __ - __ - -_ - -- - ___^_ -- ---- SECTION 3: PHASE THREE CONSTRUCTION. The Vista Sanitation Diskrict is hereby authorized enter into multiple construction con-tracts, authorize ch e orders, prepurchase equipment, make - -- I -_ - - __ ~ - - . - __. -- - -. -. -c -- -_ .requisitions and incur expenses as necessary to cause the project -* - -- -to- . be __ aampleked as expeditiously as possible. .- _-_ - - - __ --.. It is anticipated that Project construction will consist of at least five separate r .-- -- - - -_ .-- .- - -- -.,major - contracts, prepurchase -- of at least-. six major items of , 7 - equipment and numerous minor contracts and purchases to facilitate - - -project "fast-tracking", The probable major contracts and -_ -: ,_ - -_. -. -- __ - -_ -- - - . _._ i -r _contract costs estimates are: -- --__ -_ -. -_. - ,.- 1. Site Preparation, drainage $2.,250,000 -_ ._ fT - -_~_ -.. -_ _-_ and miscellaneous structures 8O0,OOO . -. - ".__ tions ~U'il~&fig - dary Faci-lities 11,000,000 --:----. -r_. e- bewa teri'rig and 1 - 1,300,000 Thickeners -.. - 7- *. n $14,000,000 '. . 5, * Balance of Project The probable major equipment paczkages to be pxepurchased and their estimated costs are: .. .I .. . J., Secondary &lectors $ 500,000 -, 3. Engine Genexa%ors 1,000,000 2, Belt Filter Presses 500';OOO . - .. 4. Aeration Air Blowers .. 250,000 5, Bar Screens 200,000 6, Sludge Thickening Equipment 200,000 + 1 The joint venture firm of Lowry and Associates/Constxuctian Control- Services shall administer the construction contracts and provide construction coordination, and shall inspect the work as it progresses ta insure completion of such contracts in accordance with their terms -_ and this Agreement, The Encina General Manager, with the aipproval of - said joint venture firm, may approve individual change orders of $lO,OOO or less without Vista Sanitation Distsrict's approval, Provided, . . however, VISTA shall be promptly notified of the particulars of any - such change order, All other change orders must be approved by the Vist Sanitation District. construction contract which change orders cumulativelj! exceed ten per VISTA shall not approve- any change orders to a -- .. .. .. a. cent .(lo%) of the original contract price. . . - _. -. .. . . . .. .. . I ; : .. '. . SECTION 4: PAYMENT FOR COST OF CONSTRUCTION. Each party hereto shall pay VISTA, as Administrator, for the costs incurred for construction described in the Agreement, upon written demands forwaxded to them by VXSTA. Such demands will be forwarded and such payments shall be made at such times as will enable VISTA to pay for the costs of such construction in accordance with' the various' contracts, VISTA shall be strictly accountable to all the parties hereto for all funds -4- I, . ;' .. .. /e: . . .received by it pursuant to this Agreement, and shall maintain adequate ~- . c_ ------ records 'of afl- -rec-eipts and disbursements pursuant hereto . *__ ----- - - - SEC-TI~N-5:.--ALLOCATION OF COST OF UPGRADING 13.75 MGD ____ ----I--- - FROM PRIMARY TO SECONDARY. The costs @f -5- xiFgrax%ing- -33:. 75 MGD of the Encina Water Pollution capacity from primary to segondary- treatment, which are not paid by grants from . the State and/or Federal Government, shall be shared by each of the parties hereto in the same percentage that represents each - . __- - ~ >. _. .. party's percentage of such party's capacity Said capacity rights and percentages are as follows: rights in Phase IIA. PHASE IIA PERCENTAGES L, PARTICIPANT - . - --- - -- PHASE IfA CAPhCITY RIGHTS 29 -46% -3.43 24 095% ___.- - . ---0.62 4.51% -_ VISTA =----- - 4-05 - .-- - _- - -- ...- ___ ___._____ . - I-- - - BUE E 1.: - ~ -- - SECTION -6: ALLOCATION OF.-COST OF CONSTRUCTING ADDITIONAL 3.75 MGD OF SECONDARY TREATMENT. The costs - -. - . ' 'df constructing 3.75 MGD of secondary treatment capacity above -33.75 MGD of secondary treatment capacity which is not paid by - -- ----- - __ -" -_ L@ants from- the State and/or Federal Government shall be shared __- . %y each of the parties hereto.in the same percentage that: each party's -capacity in Phase I11 is increased over such party's capacity in CPhase-IIA. _,. _. - ..- 1 -The incremental increase of each party wX.1 be as follows: - -- - INCREMENT1 -?PARTICIPANT PHASE I1 A PHASE I11 ._ , CAPACITY RIGHTS CAPACITY RIGHTS INCF-EASE - -- c -- _.-- VISTA- . .- .- ,..'4.05 . . . . - . . . ^___ . _.__ .. -- -- cc. __ -. - .* -5- ENCINITAS 1.00 5.40 4 . 56' 31,768 26.59% 0.82 4.71 3.22 . 19.29 3,OO . 17.65 1.00 -0- . - SECTION 7: APPORTIONMENT OF COSTS FOR CONSTRUCTING SECONDARY TREATMENT GREATER THAN 17-5 MGD. All costs of constructing secondary treatment capacity greater than 17.5 XGD which is not paid by grants from the State and/or Federal Govern- ment shall be shared by the parties hereto ir, proportion to their respective incremental increase in Phase I11 capacity rights as compared to, their Phase IIA capacity rights. , i SECTION 8: OW?XERSHIP AND CAPACITY RIGHTS AFTER COMPLETION OF PHASE 111. Upon completion of 'Phase 1x1 Enlargment wherein and whereby Unit I will be enlarged from 13.75 * i. a MGD to 18.0 MGDi each of the parties hereto shall have ownership ar,d capacity rights in Unit I and Unit J. as follows: - ___ . UNIT I PARTY 'VISTA -- IGD c_ PERCENTAGE 5.40 30, 00 '' ._ 4-56 ' 25.33 CARLSBAD BUENA 0.82 4.55 3-22 ' 17.89 SAN MARCOS 3.00 16.67 LEUCADIA ENCINITAS 1-00 . 5.56 c UNIT J MGD PERCENTAGE PARTY - VISTA CARLSBAD BUENA SAN MARCOS 6.34 10.89 4.94 -6- .. 6.33 16.67% 28.66% 13,00% 16.67% .. . .. i ..: 1. ID' .. __ (CONT) UNIT --- J - PERCENTAGE I?ARTIES _- MGD -- _. -- _-_ - .- . - LEUCADLA 6.33 .- 16.67% 8.33% ENC IN ITAS ~ - _....- 3.17 -- Upon completion of Phase 111, all parties to this agreement, except Encinitas Sanitary District, shall reimburse Encinitas Sanitary _- . - - - District for its reduction of ownership afcer completion of Phase .. 111, in the sedimentation tanks and land, The manner in which the value of reimbursement shall be determined is as follows: . (a) The book value of the land and sedimentation tanks f after completion of Phase 111 shall first be deter- .. .- . mined, and L _I (b) The value determined pursuant to (a) above, shall then be multiplied by the per and entaw Of reduc (c) The amount determined pursuant to (a) and (b) above shall be apportioned among all members, except ENCINITAS, based on each such members ownership of . 5 the sedimentation tanks and land after completion of Phase III.* SECTION 10: VISTA TRUST FUND RE PHASE. I11 ENLARGEMENT. Provided that upon completion of Phase I11 Enlargement, VISTA, as administrator of the Phase I11 project, possesses any fund which was paid to or received by VISTA for any purpose in connection with any part of the Phase 111 Enlargement, and if Vista - .- is entitled to distribute any or all of such funds to the parties hereto, then, and in that event, the percentaqe of such funds that VISTA shall -- -- -___ - , - -7- distribute to each party hereto sha1.1 be the percentage that each such party paid of the total amount paid by all parties to VISTA for the cost of Phase 111 Enlargement. . SECTION 11: - MISCELLANEOUS CONTRACTS. It is anticipated that during the course of construction of Phase I11 Enlargement the necessity will arise for VISTA to enter into one or more contracts for less than $50,000 for the performance of work shown on the enuineers nlans and snecifications but not included in the maior construction c0ntract-s to be let by VISTA and authorized under Section. 3 of this Supplemen;. VISTA is hereby authorized to enter into such contracts as are necessary to supplement the construction contracts proposed by the design engineer for said Phase I11 Enlargement. .. . t Provided, however, any such contracts shall include only matters required by the plans prepared by said design engineers and approved by the Environmental Protection Agency. No - single contract shall exceed $50,000 and all such supplemental - contracts hereby defined as "mini contracts," shall not exceed a cumulative total of $200,000. - SECTION 12: COUNTERPARTS, 'This agreement may be executed - i'n counterparts, and upon execution thereof by all of the parties deemed Tenth Supplement to the Basic Agreement to be signed by its respective officials heretofore duly authorized by the legislative . bodies thereof. Approved by resolution VISTA SANITATION DISTRICT No - on BY: -8- ~~ctF;L..L- ' - d -rcentage that each 1 parties to VISTA -1 =a .J _I./ . " .v F e . *u S anticipated No 5785 on May 29. 1979 - -- ' ncluded BUENA SANITATION DISTRICT authorized NO on- * zed BY: e / SAN MARCOS COUNTY WATER DISTRICT 11 No on I BY: .-. _- - E€ LEUCADIA COUNTY WATER DISTRICT - NO on- P BY: ENCINITAS SANITARY DISTRICT No on 4 BY: !