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HomeMy WebLinkAbout1982-10-19; City Council; Resolution 7040RESOLUTION NO. 7040 A RESOLUTION OF THE CITY OF CARLSBAD AUTHORIZING EXECUTION OF THE TWENTIETH SUPPLEMENT TO THE BASIC AGREEMENT TO PROVIDE FOR VISTA SANITATION DISTRICT TO AMEND CONTRACT WITH BROWN AND CALDWELL RE STEP 3 ENGINEERING SERVICES FOR PHASE 111 UPGRADING AND ENLARGEMENT OF EWPCF WHEREAS, THE VISTA SANITATION DISTRICT, CITY OF CARLSBAD, LEUCADIA COUNTY WATER DISTRICT, BUENA SANITATION DISTRICT, ENCINITAS SANITARY DISTRICT AND SAN MARCOS COUNTY WATER DISTRICT, are parties to a Joint Powers Agreement (BASIC AGREEMENT), which provides for the operation and maintenance of a joint sewer system commonly known as the ENCINA WATER POLLUTION CONTROL FACILITIES, (EWPCF); and WHEREAS, an expansion of Unit I of the EWPCF, known as Phase I11 Upgrading and Enlargement is under construction providing for an increase in capacity from 13.75 MGD to 18.0 MGD; and WHEREAS, by virtue of the Seventh Supplement to the "Basic Agreement" Vista is the administrator for the Encina Joint Powers for said Phase 111; and WHEREAS, on August 29, 1980, Vista as said administrator of Phase 111, and pursuant to an agreement of the Encina Joint Powers, entered into a written contract with Brown and Caldwell for Step 3 Engineering Services for- the aforesaid Phase 111 Upgrading and Enlargement; and -1- 3 WHEREAS, said contract provided for, among other things, $880,000 as the estimated total compensation for said engineering services; and WHEREAS, by reason of changes necessitated in the level of effort by Brown and Caldwell in performance of Task Nos I through 13, set forth in the aforesaid contract, during construction of Phase 111, it is necessary to increase the total estimated charges for Step 3 Engineering Services by Brown and Caldwell from $880,000 to $1,239,000, and to provide Vista with authority to execute an amendment to its Agreement with said Brown and Caldwell to reflect such increase; and WHEREAS, the Joint Advisory Committee to the Encina Joint Powers has considered the aforesaid increase and the proposed amendment to the Agreement for Step 3 Engineering Services, and has recommended to the Encina Joint Powers that such amendment be authorized; and WHEREAS, the City Council of this City has received and considered the Twentieth Supplement to the "Basic Agreement" which provides authority to the Vista Sanitation District by the Encina Joint Powers to execute Amendment No. I to the Agreement with Brown and Caldwell whereby the aforesaid increase is authorized; and WHEREAS, it is in the best interests of this City to execute the said Twentieth Supplement to the "Basic Agreement". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the OF THE CITY OF CARLSBAD, as follows: Section 1. That the Mayor of this City be, and is, hereby authorized to execute the Twentieth Supplement -2- to the Basic Agreement" of the Encina Joint Powers relating to the Encina Joint Sewer System. PASSED, APPROVED AND ADOPTED at a regular meeting of the CITY COUNCIL of the CITY OF CARLSBAD on this 19th day of ,1982, by the following vote, to wit: October AYES: 3 NOES: 0 Absent: 2 4TTEST : -3- TWENTIETH SUPPLEMENT TO BASIC ACKELMENT AUTHOKIZ I NG THE VI STA SAN ITAT ION 111 STRI CT TO EXECUTE AMENDMIIN?' NO. 1 TO AGREEMENT WITH BROWN AND CALDWELL INCREASING TOTAL ESTIMATED COMPENSATION FOR ICNG INEEKING SERVICES RE PHASE 111 UPGRADING AN11 ENLARGEMENT d This Twentieth Supplement is made and entered into this day of ,1982, by and among: VISTA SANITATION DISTRICT (VISTA), a County Sanitation District; CITY OF CARLSBAD (CARLSBAD), a General Law City; RUENA SANITATION DISTRICT (BUENA), a County Sanitation District; SAN MARCOS COUNTY WATER DISTRICT (SAN MARCOS) a County Water District; LEUCADIA COUNTY WATER DISTRfCT (LEUCADIA), a County Water District; and ENCINITAS SANITARY DISTRICT (ENCINITAS), a Sanitary District. RECITALS A. VISTA, CARLSBAD, BUENA, SAN MAKCOS, LEUCADIA and ENCINLTAS own and operate the ENCINA WATER POLLUTION CONTROL FACILITY and OCEAN OUTFALL ( and related facilities); herearter referred to as EWPCF. B. An expansion of Unit I of the EWPCF, known as Phase I11 - enlargement, is currently under construction providing for an increase in capacity from 13.75 MGD to 18.0 MGD. C. by virtue of the Seventh Supplement fo the "Basic Agreement". VISTA is administrator of Phase I11 Upgrading and Enlargement D. On August 29,1980, Vista, as administrator for the Encina Joint Powers for Phase I11 Upgrading and Enlargement, entered into a contract with Brown and Caldwell wherein thc latter agreed -1- to furnish Step 3 Engineering Services, and wher,cin it was agreed that the total estimated charges for such services would be $880,000. .That by reason of changes in the level of services required E. by Brown and Caldwell during construction of said Phase I11 in performance of Task Nos. I through 13, as set forth in the ,) aforesaid contracc dated August 28,1980, it is necessary to increase the ,total estimated compensation for Step 3 Engineering Services from $880,000 to $1,239,000. F. The Joint Advisory Committee to the Encina Joint Powers has approved said increase and has recommended to the said Joint Powers that the Agreement with Brown and Caldwell be amended to reflect such increase. G. A Copy of the proposed amendment to said Agreements is attached hereto narked Exhibit "A" and incorporaLed herein by reference. H. This Twentieth Supplement to the "BASIC AGREEMENT" is made pursuant to the provisions of Article I, Chapter 5, Division 7, title I, of the Government Code of the State of California commencing with Section 6500, relating to the joint exercise of powers common to all public agencies; in this case, being all of the parties hereto which are authorized to contract with the other pursuant to the aforesaid provisions. NOW, THEREFORE, the parties agree as follows: 1. VISTA, as administrator for the ENCINA JOINT POWERS for Phase 111 Upgrading and Erllargement of t;he EWPCF, is -2 - 7 authorized to execute Amendtxent No. I to its Agreement with Brown and Caldwcfl dated August 28,1980 , and said arilendmerit shall be in tlhe form and subsLance as set forth in Exhibit "A" attached hereto. A" 2* Counterparts. 'l3is Agrcument may be executed in counterparcs, and upon execution thereof by all parries set forth on Page I hereof, each counterpart shall be deemed to be ail original. This Supplement: shall becom effective on the lasc date that a counterpart hereof is executed by a party hereto. IN WI'l'NESS L:HEKEOF, each party hereto, has caused this Twentieth Supplement to the "EASIC AGKEEI~ZEN'~'' Co be signed by iC respective officials heretofore duly authorized by the ledislative body thereof. Approved by Resolution NO On Approved by Resolution NO 7040 On Octdxr 19, 1982 Approved by Kesolur ion NO On VISTA SANITATION DISTRICT, 1;Y CITY OF CAKLSBAD, LEUCAIIIA COUNTY WATJSK !)1STRICT, BY Approved by Resolution SA14 P!A[ZCOS COUNTY WATICK No. On BY Approved by Resolution No. BUENA SANITATION DISTRICT, On Appr.o'ved by Resolution No. BY ENCINITAS SANITARY DISTRICT, On -4- I e .I AiiNDMENT NO. 1 TO MASTER AGREEMENT FOR STEP 3 ENGINEERING SERVICES BETWEEN VISTA SANITATION DISTXICT AVD BROW AND CALDWELL FO3 PHASE If1 ENURGEI-ENT AND UPGRADING OF THE ENCfNA NATER POLLUTION CONTROL FACILITY TMLS AMENDMENT TO AGREEGNT made and entered into as of day of 1982, by and between the Vista Sanitation District, hereafter referred to as "District" or "Qmer", and Brown and Caldwell, a California corporation authorized to provide consulting engineering s~arvices, hereaftex: referred to as "Engineer. tt WITNESSETH : WEREAS, the District sbnd Engineer has entered into an Agreement QP~ August 29, 1980, for certain Step 3 Engineering Sarvices 5or the Phase If1 Enlargement and Upgrading of tho Encina Water Pollution Control Facility (hereinafter referred to as the "Master Agreement") ; and I(. ~~w%LEA,S, a preliminary estimate of tha total compensation was established in the Master Agreement for budgetary purposes Ear Subtasks 1 through 13: and WEREAS, the extent of the work required by the Engineer has bean greater than that originally anticipated and therefore, it is necessary to increase this estimated total compensation. MOW, TMEWORE, District and Enginetam: ~gres as follows: + .I f. In Paragraph 6.1. of Exhibit B, changs the esthated totab A:. compensation froin $880,000 to $1,239,008. XI. All other provisions of this Master Agreement between District and Engineer shall remain in full Eorce and effect. I . i! IN WITNESS YHEXSOF, District and Enqineer have caused tnis .Wenbent to the Naster Agreement to be executed the day and date first written above. ATTEST : ,I ‘ Approved by Resolution No. on -- VISTA SANITATION DISTRICT B? Chairman BROWN AND CXLBWELL, a California Corporation By Vice President !