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HomeMy WebLinkAbout1980-05-06; City Council; Resolution 6167.? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2:: 24 2t 2t 2’; 2E RESOLUTION NO. 6 1 6 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, IZING VISTA SANITATION DISTRICT TO ENTER INTO AMENDMENT TWEEN VISTA SANITATION DISTRICT AND BROWN AND CALDWELL, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY BE IT RESOLVED by the City Council of the City of Carlsbad as follows: CALIFORNIA, APPROVING AND AGREEING TO AN AGREEMENT AUTHOR- NO. 5 TO THE AGREEMENT FOR STEP 2 ENGINEERING SERVICES BE- 1. That the City of Carlsbad does hereby approve and agree to the Agree- ment Authorizing Vista Sanitation District to Enter into Amendment No. 5 to the Agreement for Step 2 Engineering Services between Vista Sanitation District and Brown and Caldwell, a copy of which is attached and incorporated by reference herein . 2. That the Mayor of the City of Carlsbad is hereby authorized and di- rected to execute on behalf of the City of Carlsbad the Agreement Authorizing Vista Sanitation District to Enter into Amendment No. 5 to the Agreement for Step 2 Engineering Services between Vista Sanitation District and Brown and Cal dwell . PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at a regular meeting held the 6th day of May , 1980, by the following vote, to wit: AYES: Councilmen Packard, Anear, Lewis, Councilwoman Casler and Kul chin ATTEST: (SEAL) ,a . . -I' .( .\ . .. e' 0 i !+ AGREEMENT AUTHORIZING VISTA SANITATION DISTRICT TO ENTER INTO AMENDMENT NO. 5 TO THE BETWEEN VISTA SANITATION DISTRICT AND BROWN AND CALOWELL AGREEMENT FOR STEP 2 ENGINEERING SERVICES * FOR PHASE 111 ENLARGEMENT AND UPGRADING OF THE ENCINA WATER POLLUTION CONTRL FACILITY This AGREEMENT is made and entered into as of the day Qf , '3980, by and among: VISTA SANITATION DISTRICT ("Vista") a county sanitation district, whose governing board is the City Council of the City of Vista; CITY OF CARLSBAb ("Cartsbad") BUENA SANITATION DISTRICT ("Buena") a municipal corporation; a county sanitation district, whose governing board is the Board of Supervisors of San Diego County; SAN MARCOS COUNTY WATER DISTRICT ("San Marcos"), a county water district; LEUCADIA COUNTY WATER DISTRICT ("Leucadia"), a county water district; and ENCINITAS SANITARY DISTRICT ("Encini tas"), a sanitary district. REC I TAL S WHEREAS, the aforesaid public agencies have entered into a joint powers agreement, pursuant to Chapter 5 of Division 7 of title I of the Government Code for the joint exercise .of powers relating to the acquisition, construction, operation 'and maintenance of facilities for the transmission, treatment, and disposal of sewage, which facilities comprise a single system of s'anitation works and includes expansion of such facilities by virtue of a project commonly known as Phase 111 enlargement of and upgrading of the Encina Water Pollution Control Facility; and WHEREAS, engineering design for the aforesaid enlargement and upgrading . Is presently in progress; and WHEREAS, said enlargement and upgrading is presently in progress; and WHEREAS, it is in the best interests of all the public agencies which are a property hereto that the continuing design services be provided for the Phase L e: " , .. t I P ! I1 I en1 argement and upgrading ; and WHEREAS, the Seventh Supplement of the Basic Agreement was made and en- tered into as of the 1st day of May, 1974, by the public agencies which are a party hereto, and WHEREAS , by previously authorized resolutions of the pu-blic agencies which are a party hereto, the Vista Sanitation District entered into the Agreement for Step 2 Engineering Services with Brown and Caldwell for the Phase 111 Enlarge- ment and Upgrading of the Encina Water Pollution Control Facility; and WHEREAS, by previously authorized resolutions of the public agencies which are a party hereto, the Vista Sanitation District entered into Amendments Nos. 1 2, 3, and 4 to the Agreement for Step 2 Engineering Services with Brown and Cald- well; and . WHEREAS, Brown and Caldwell has submitted documentation and a request to increase the Basic Step 2 Design Services from a maximum cost ceiling of $1,303,163 to $1,391,718; and WHEREAS, the Encina General Manager as duly authorized Project Officer of the Phase III Enlargement and Upgrading has negotiated the requested increase in i the cost ceiling and reviewed the documentation submitted by Brown and Caldwell, and has discussed the four items required under 40 CFR 35,937-5 (c); and WHEREAS, at a regular meeting of the Joint Advisory Committee held on , ' i March 26, 1980, a motion was duly made, seconded, and unanimously adopted that Vista Sanitation District be authorized to enter into the Agreement; and i WHEREAS, the said proposed Agreement is in accordance with the Amendments I to Title 40 of the Code of Federal Regulations, Part 35, as published in the Federal Register of December 17, 1975; and '-.-.- WHEREAS, the parties to the aforesaid Joint powers Agreement are receiving a grant from the United States Environmental Protection Agency for a substantial portion of the said Phase III enlargement and upgrading; and WHEREAS, said Vista Sanitation District requires the approval of all ... I1 I en1 argement and upgrading ; and I i WHEREAS, the Seventh Supplement of the Basic Agreement was made and en- tered into as of the 1st day of May, 1974, by the public agencies which are a party ‘hereto, and WHEREAS, by previously authorized resolutions of the public agencies which are a party hereto, the Vista Sanitation District entered into the Agreement for Step 2 Engineering Services with Brown and Caldwell for the Phase I11 Enlarge- ment and Upgrading of the Encina Water Pollution Control Facility; and WHEREAS, by previously authorized resolutions of the public agencies which are a party hereto, the Vista Sanitation District entered into Amendments Nos. 1, 2, 3, and 4 to the Agreement for Step 2 Engineering Services with Brown and Cald- well; and WHEREAS, Brown and Caldwell has submitted documentation and a request to increase the Basic Step 2 Design Services from a maximum cost ceiling of $1,303,163 to $1,391,718; and WHEREAS, the Encina General Manager as duly authorized Project Officer of the Phase 111 Enlargement and Upgrading has negotiated the requested increase in the cost ceiling and reviewed the documentation submitted by Brown and Caldwell , and has discussed the four i.tems required under 40 CFR 35,937-5 (c); and WHEREAS, at a regular meeting of the Joint Advisory Committee held on March 26, 1980, a motion was duly made, seconded, and unanimously adopted that Vista Sanitation District be authorized to enter into the Agreement; and WHEREAS, the said proposed Agreement is in accordance with the Amendments to Title 40 of the Code of Federal Regulations, Part 35, as published in the Federal Register of December 17, 9975; and WHEREAS, the parties to the aforesaid Joint powers Agreement are receiving a grant from the United States Environmental Protection Agency for a substantial portion of the said Phase I11 enlargement and upgrading; and . WHEREAS, said Vista Sanitation District requires the approval of all I- ... . . b parties to the aforesaid Joint Powers Agreement in order to amend the Agreement for Step 2 Engineering Services for said Phase I11 enlargement and upgrading. NOW, THEREFORE, IN'CONSIDERATION OF THE PROMISES AND MUTUAL COVENANTS AND AGREEMENTS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS: Section 1: That the Board of Directors of the Vista Sanitation District be, and is hereby authorized to enter into Amendment No. 5 to the Master Agreement for STEP 2 ENGINEERING SERVICES with Brown and Cal dwell, a Cal i fornia corporation. Section 2: This Agreement may be executed in counterparts, and upon execution thereof by all of the parties set forth on Page 1 hereof, each counter- part shall be deemed an original. IN WITNESS WHEREOF, each party hereto has caused this Agreement to be signed by its respective officials heretofore duly authorized by the legislative bodies thereof. Approved by Resolution No on . By : VISTA SANITATION DISTRICT Chairman Approved by Resolution ' Approved by Board Order . No. ' on p. Approved by Roll Call Vote on Approved by ReOolution No on CITY OF CARLSBAD By: BUENA SANITATION DISTRICT By : Clerk, Board of Supervisors SAN MARCOS COUNTY WATER DISTRICT By: . Presi.dent By: LEUCADIA COUNTY WATER DISTRICT Secret a ry By : President By: Secretary ,. Adopted by Resolution NO. . on ENCINITAS SANITARY DISTRICT By :- President By: Secretary .. .r .. .. e- . .. .- . .. . . .. e AGREENENT NO. 13-2-79 AIYENDMENT NO. 5 TO AGREENEXT FOR STEP 2 ENGINEERING SERVICES BETWEN VISTA SANITATION DISTXICT AND BROWN AND CALDWELL FOR PHASE 111 ENLARGE?4SNT AND UPGRADING OF THE ENCINA WATER POLLUTION CONTROL FACILITY . THIS WEXDMEXT TO AGREENEXT is made and entered into this of , 1980, by and between the VISTA SANITATION DISTRICT, a county sanitation district, hereinafter referred to as "District" or "Owner," and SROW AND CALDWELL, a California corporation, hereafter referred to as "Engineer: '' WITNESSETH: '&EREAS, parties'hereto entered into an Agreement (hereinafter referred to as Sasic Agreement) on June 7, 1978, for Step 2 engineering services regarding Phase I11 Enlargement and Upgrading of the Encina Water Pollution Control Facility; and (hereinafter referred to as Liendnent 30. I) to expand the scope of wark and conpensatiop for Basic Step 2 services as a single construc- tion contract; and inafter rer'9rred to as Amendment No. 2) to expand the scope of work for the Planned Basic Step 2 Design Service because of the chaEge from biof iltration to activated sludge secondary treakxent the estimated cost ceiling was increased from $1,040,000 to $1,303,163; and increased the Special Engineering Services allowance from $200,000 to $354,000 because of the additional design services associated with the preparation of the design in a series of multiple contracts; Amendment 2 also increased the cost ceiling for the Preliminary Design Services from $189,004 to $195,721; and WHEilEAS, the Basic Agreement was amended on December 6, 1975, I 6 WHEREAS, the Basic Agrement was amended on March 7, 1979, (here- WHEREAS, The Basic Agreement was amended- on iIay 2, 1979, (here- inafter referred to as Amendment No. 3) to increase the cost ceiling fOK the Preliminary Design Services from $195,721 to $216,000; and WHEREAS, the Basic Agreement was amended on October 9, 1979, (hereinafter referred to as Amendment No. 4) to increase the allowance for Special, Engineering Services from $384,000 to $700,000; and WHEREAS, the estimated cost ceiling for the Basic Step 2 Design Services is $1,303,163 and the maximum cost ceiling is $1,544,064: and .1 I ! WHEREASr the estimated cost ceiling needs to be increased greater level of effort than originally estimated may to complete the Planned Step 2 Services; because a be needed it is agreed by and between the'parties as NOW fol.bows : THEREFORE, amount in Paragraph C. 1.b. 1. B for the estimated cost ceiling from (Design Tasks) Change the of Exhibit $1,303,163 3.. shall be April 1, 2. The effective date of this Amendment 1980. have caused this IN WITNESS WHEREOF, District and Engineer Amendment to the Basic Agreement to be executed the day and date fixst written above, VISTA SANITATION DISTRICT ATTEST: BY .. Approved by Resolution No. BROWN AND CALDFELL, a Californis Corporation . :. I. .. U'XAH'T UUW3E3 :i rt .? I C-06- 1016-0 2 0 f. GRAH7EZ Vrsca Sanitation District 1 I . 0 d. Detailed 3zte Conputztions Detailed csn?utations indiczted L3 Tables A-1, A-2 znd A-3 , . ars attache2 2s sup.o_oortbg Zata r'oz =he tot21 Eizect liDor costs .. I. .' ! .% 1, sk'??o. 7 8 10 11 12 15 16- . I 1 l e T.1BLE A-l DESCRIZTION OF TASKS e ENCIINA 111-PLANX'D STSP 2 DESIGN SERVICSS .. Task descri?tion Manag enen t Structural Design ' Mechanical Design Electrical Desigh. .. . .... a . - .. Instrunentation - .. . : . Design -. . -. Specifications Construction Cbst Esthat-es' Submittals ; etc. .. .. - .. I '. aTask numbers correspond with original task nmbers in EPA Form .e 5700-41 for the i3aslc Step 2 Design Services (Aiienihent No. 2 to Agreement) dated '0. .. . .. . ..... .... .. .. .. . .. . . .' , :. . . , .. ' -> .. .. . .... .. . .. .. * .. .. ., .. . . .. .. .. .. . .. . .. . .. .. . .' . e I .. .. ,. .. . r ,. . .sc> nice t I' .. . . , 390 1 2,916 . . .. .. .. . AT'ZACC:I':.I52JT 3 It27 8 S;rtsil 0 a Indirect c~sts ere accunulatld through a c3r~cr~t2vi?~ ttcgun: in0 system that allows ccst to be cat32orized consistznt sitn :he contract cost ?riaci?lis and procedures outlized in t5e 'edetzl c ?roczrtzsn~ 2egul=tions, .C?X 41, ?art 1-15. InciirEct cost rztes LO= allowzbi? fringe benefits and ~zneral a3d adainisttative ovtrhezd itezts ar1 estsblished for the ncst recently iudited fiscal years as shcwn Fn the first coluan belcw.. lrovisional indirect cost rates for fiscrl year ending 9/30/30 Ere bas2d u?on the E2A revieved 2rofit ?lzn in conjunc- tion with zctual year-to4ate overhead ccsts, and 212 shovn in column two . Labor rates for principals (defized 2s ?tofessionzL zngizeers -a. essisned to the cor?orate staff) refltct zctual rates Szid. L~ is 3rsvn 2nd Caldwell's norzal practice to char2e tine of ?rincL?,+ls to all jobs 5.ased on t5e tize that princl?zfs m ars .- ctn~.=~=d 2ir2ccly in the prforzance of work on :;le jobs. &he rite ot" cQin?ensation for - xincipals does not include a distribution of 2rofits. . BRGkX AND CALDWELL INDIXECT CCSTS - Ccsts, 2s a ?etcent of direct Izbor 0 .. .. Z'ringe benefits Payroll taxes -. Retirement 3enezlts . Bonus ?Ian Group insurznce and wor!aen's coi?ensation insuranca . Vacation, holidays and sick leave Total frinse benefits General and aeninistrative overhead Indirect salaries . Fringe benefits on 0.. indirect salaries auildinq End equisment Taxes, licenses 2nd insurance Professional services Travel and subsistence . Supplies Other administrative overhead Total general and Total indirect cos'ts 7.0 4-0 -0- 4.0 10.0 2f.O - - 50.0 13 .0 17.0 7.0 14.0 7.0 * 12.0 5.0 125.0 - 150 - 0 -. - iy endiacj 2 9/30/80 ?zovisional . 7.0 9.0 5.0 5-0 10.0 - 36.0 44.0 16.0 13.0 7.0 11.0 7.0 11.0 5.0 114.0 150.0 - .. - .. 19ased on independent CTA-audited figures not finalized by an E2A ZZstimated as of November 8, 1979 and agproved bf.SPA, Office of Audit, audit. . San Francisco. a .. -. *. . ., . .. '0 .YExs?52uT 3 0 UNITED STATES ENVIRONMENTAL. PROTECTION AGENCY .* 9 . . OFFICE Of AUDlT 215 FREMONT STREET Bovenber 8, 1979 Xr. Jams L. Sturzcon, Vice President 3rovn h CaLdvell Corsulting Eagineors 1501 Sorth 3roadxay tialnut Creek, CA 94596 . Dear .. .a. Scurzson: .. The ZP.4, Office of Abdit has recectly completed ics review of your proposed fiscal year (X) 1980 ?rovisiont: indirect cos: rate. review of your financial foreczs~, and subsequenE discussions 5ez-JeP-n :he EA, Oefice of Audit and yourself, it szs autuzlly agreed :;?zit ::?e ilse of a 130 percent composite provisional rate for rFY 1980 -Jas acceptable for biddiag and billing purposes, d the ETA, Office of Audit approval of chis rate is qualifie0 t~ the excenc thac any company evenrs vhich ziato,rially bpact on the FY 1980 forecast nust be re?arced to the EPA, Cffice or' Audit in order for 3rom h Caldwell co comply with the provisions of :he certificate of CUETP-~C cost and pricing data contained in ZPX Fora 3ased on out If you agree with the above rate, it is rquesced rhac you.sign and r=c,urn this feccer, retaining a copy for your records. - *. ... .. . ... ' .. .. . ...__ . 1 '_ . . .. .. _. ' .. .. .. .. ... .- .'. .. .I ,' .. "' .-. . ' . .. , .. . . ., ,. .. . . .. .. . .. ., .. .. ... : .- .. . ./ . ','I. .. * ' - (. , , .- .. .. .. . .. .. 1 .. . .. Sincerely , R. Beeler Director Western Audit Division . .. .. . Broun h bldwe1l concurs uich the above provisional. indirect cost race .. . for fy 1980. . 0 OTXZR DIXIECT COSTS . e 2n 9a, Travel Pasadena to Encina 200 miles round trip, 3 tri2s $0.20/ = $120 .. = $ 90 210 st3totsl $. .. (11 Comr'zIcatLion' .. . Telephone: Postage : .. ._' . .. .. .. (2) 2sprodaction .. Xerox: = $ 75 .. . . ,'.. . '_ . .. , .. ., . .. ~. . _. .. .. . .... L. . *'. - . .. - .. .. .. . . ... . . ... I TOTAL $635 .. .. . ... . , ,. - -. ., .. . ." . . ... I ' I. . .. , . . '. ATTACHbENT D Hourly Billbg Rats Personnel Classificztion 7,39 8.89 rginezing Aide ssistsnt Znqine=r ssociate Sngineer igineer tr?ior Zaginesr 14.16 16.04 17.91 19.79 21.66 7.. 39 8.09 10.44 12.32 kspection XiCe assistat Ias?ector Usociate Inspector Inspector Senior Constzdction Engineer or Inspector 2rincipal Cons~nctlon Engineer or Ins3ector Supervising Canstruction Engineer t 14.16 16.04 17.91 __ - bsistant Engineering lssociate Zngineering Sngiaeering Technician senior Zngiaeering Technician Tedhnic Fan Technician . 7.39 8.89 10.43 1 12.32 0 . . *' .- 1 Hourly aillinc; - Rate ,. .. Tersonnel Classizicatiori GIXSXIING chnical [cont '6) 5.02 6.12 7.39 .. 8.89 10.44 12.32 14.16 .. 6.12 . 7-39 8.89 10.44 12.32 ssistant Illustrator Ilustzatar e,-,ior IllustratDz ead Illustzator -upe,-visi:-Js illustrzt .or 8.89 10.44 12.32 Se-rvices 16.04 3/1/79 .i Rourly Silling Rats .?ersor.m I C1 as s if Fc ztion - .. f.02 6.12 7.39 8.89 8.89 10.44 12.32 14.16 17.91 21.66 :r 7.39 8.39 12.32 , 5.02 6.12 ?tling and. Librarv 5.02 6.12 6.12 7.39 8.89 . Pile Clezk Sile Clerk ti5raian I Librarian , Supe,?risor and Library .. .. _-. . .... krsonnel I SI 111 IV Bourly , 3illinq Rate .4 13 5.92 6.12 7.39 I 6-12 7.39 16 04 5.02 6.12 6-12 4-13 5.02 6.12 . 7.39 8.89 . , ". , ?ersom$l Clzssification sate .. 6.12 7-39 8.89 10.44 12.32 3.4.16 16 . 04 17.91 19.79 21-66 slstznt Scientist sac i ace. s c Is3 ti st :if?iltist, I rientist, TI :ientisk, I11 9ior Scientist :incisal Scienzist ir>e,r;risi-.ig Scizniist xieT.ing Scientist lief Scientist . 4.13 5-02 6-12 7.39 ._ 8.89 10.44 12.32 zchniczl AFCe ssistant Technician ssociate Technician 2chnician echnician, I1 enfor Tecnrsician u2ervisinS; Tsc'ncician . .. .0/1/79 'A .