HomeMy WebLinkAbout1979-05-29; City Council; 5853; Agreement supplement Vista Sanitation District<\"%.
CITY OF CARLSBAD
Initial:
AGENDA BILL NO. dT^.3 Dept. Head
DATE: May 29,. 1979 C. Atty
DEPARTMENT: Water Pollution C* Mgr'
SUBJECT- TENTH SUPPLEMENT TO THE BASIC AGREEMENT PROVIDING FOR PHASE I I I CONSTRUCTION COST
APPORTIONMENT AND AUTHORIZING VISTA SANITATION DISTRICT TO ENTER INTO CONSTRUCTION CONTRACTS
STATEMENT OF THE MATTER
As we near actual construction of the Phase III project, it becomes apparent that the
joint powers should approve a procedure to give the lead agency and project management
team the authority to enter into multiple construction contracts, authorize change orders,
prepurchase equipment, make requisitions and incur expenses as necessary to insure the
project is not delayed. A method of distributing construction costs is also necessary.
A Tenth Supplement to the Basic Agreement, spelling out the authority of the Vista Sani-
tation District to act in a way that protects the legal and fiscal interests and respon-
sibilities of the Encina agencies-, but still gives the Vista Sanitation District power
to act, was authorized by the Joint Advisory Committee.
The proposed Tenth Supplement has been reviewed by all agencies at the staff Jevel and is
now before each of the governing bodies for approval.
EXHIBITS
Resolution No.v53££'aPProvi n9 tne Tenth Supplement to the Basic Agreement providing for
Phase III construction cost apportionment and authorizing Vista Sanitation District to
enter into construction contracts and directing the Mayor to execute said supplement
RECOMMENDATION
If Council concurs, adopt Resolution No. ^S"7f^ap proving the Tenth Supplement to the
Basic Agreement.
Council Action
5-29-79 Council adopted Resolution No. 5785 approving the 10th Supplement to the
basic agreement.
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RESOLUTION NO.' 5785 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, ,
CALIFORNIA, APPROVING THE TENTH SUPPLEMENT TO THE BASIC
AGREEMENT PROVIDING FOR PHASE III CONSTRUCTION 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 fallows:
1. That the City of Carlsbad does-hereby approve the Tenth Supplement
to the Basic Agreement Providing for Phase 11|- Construction Cost Apportionment
and Authorizing Vista Sanitation District to Enter into Construction Contracts,
a 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-
rected to execute on behalf of the City of Carlsbad the Tenth Supplement to the
Basic Agreement Providing for Phase III Construction Cost Apportionment and
Authorizing Vista Sanitation District to Enter into Construction Contracts.
PASSED, APPROVED AND ADOPTED by the City CounciI of the City of Carlsbad
adjourned
at an/regular meeting held the 29th day of May , 1979, by the following
vote, to wit:
AYES:
NOES:
ABSENT: Mayor Packard
Councilmen Lewis, Anear and Skotnicki
Councilwoman Casler
None
RONALD //d2AC"KARD, MAYOR
ANTHON\t/0. SKOTNICKI, VICE-MAYOR
ATTEST:
ALETHA L. RAUTENKRANZ, CITY CLERK
(SEAL)
"T
w
TENTH SUPPLEMENT
TO BASIC AGREEMENT
. PROVIDING FOR
PHASE III CONSTRUCTION
COST APPORTIONMENT AND
AUTHORIZING VISTA SANITATION DISTRICT TO ENTER
INTO CONSTRUCTION CONTRACTS
This Tenth Supplement is made and entered into this
day of , 1979, 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 CARLSBAD
(CARLSBAD), a municipal -corporation; BUENA SANITATION DISTRICT
(BUENA), a County sanitation district whose governing board
is the Board of Supervisor 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 (ENCINITAS), a sanitary district.
RECITALS:
A. VISTA, CARLSBAD, BUENA, SAN MARCOS, LEUCADIA and
ENCINITAS own 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 III is currently in progress providing for an increase
in the capacity of Unit I (sewage treatment plant) of 4.25 MGD,
from 13.75 to 18.00 MGDf and some adjustments and modifications of
Unit J (Ocean Outfall) rendered necessary'- and desirable by virtue
of the Phase 111 Enlargement.
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C. VISTA has been designated by the parties hereto in
the Seventh Supplement to the Basic Agreement as the Administrator
of Phase III Enlargement.
D. It is desirable that construction of Phase I'll commence
at the earliest practical time. It is necessary to provide for
*
the letting of contracts for the prepurchase of equipment and for
letting of construction contracts.
*
E. It is necessary to provide for allocation among the
parties hereto of the cost of Phase III 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 III Enlargement. •
/
G It is desirable to provide for distribution of any
funds held by VISTA upon completion of Phase ill Enlargement.
H. It is necessary to provide for reimbursement to ENCINITAS
upon completion of Phase III by all other parties for the reduction
of ownership by Encinitas in the sedimentation tanks and land.
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 common to all public agencies, in this case being VISTA,
CARLSBAD, BUENA, SAN MARCOS, LEUCADIA and ENCINITAS, each of which
is authorized to contract with the others pursuant thereto.
NOW THEREFORE IN CONSIDERATION OF THE PROMISES, COVENANTS
AND AGREEMENTS HEREIN CONTAINED, THE PARTIES AGREE AS FOLLOWS:
— 2 —
SECTION 1; PHASE III ENLARGEMENT OF UNIT I. The Encina
Water Pollution Control Facility shall be enlarged and improved to
meet future flowage demands of the parties hereto, and environmental
protection requirements of applicable regulatory bodies, and such
shall hereafter be referred to as the Phase III Enlargement.
SECTION 2; PHASE III A JOINT PROJECT. The Phase III'
Enlargement shall be a joint project of VISTA, CARLSBAD, BUENA,
SAN MARCOS, LEUCADIA 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
Engineering Services; and With Lowry and Associates/Construction
Control Services, a joint venture, for"Construction Management
Services and to apply for and accept State and Federal Grants.
SECTION 3; PHASE THREE CONSTRUCTION. The Vista Sanitation
District is hereby authorized to enter into multiple construction
contracts, authorize change orders, prepurchase equipment, make
requisitions and incur expenses as necessary to cause the project
to be completed as expeditiously as possible. It is anticipated
that Project construction will consist of at least five separate
major contracts, prepurchase of at least six major items of
equipment and numerous minor contracts and purchases to facilitate
project "fast-tracking". The probable major contracts and
contract costs estimates are:
1. Site Preparation, drainage $2,250,000
and miscellaneous structures
2. Operations Building 800,000
3. Secondary Facilities 11,000,000
4. Sludge Dewatering and 1,300,000
Thickeners
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5. Balance of Project $14,000,000
The probable major equipment packages to be prepurchased and their
estimated costs are:
1. Secondary Collectors $ 500,000
2. Belt Filter Presses 500,000
3. Engine Generators 1,000,000
4. Aeration Air Blowers 250,000
5. "Bar Screens 200,000
6. Sludge Thickening Equipment 200,000
The joint venture firm of Lowry and Associates/Construction Control
Services shall administer the construction contracts and provide
construction coordination, and shall inspect the work as it progresses
to insure completion of such contracts in accordance with their terms
and this Agreement. The Encina General Manager, with the approval of
said joint venture firm, may approve individual change orders of
$10,000 or less without Vista Sanitation District'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 Vista
Sanitation District. VISTA shall not approve any change orders to a
construction contract which change orders cumulatively exceed ten per
cent (10%) of the original contract price.
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 forwarded
to them by VISTA. 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
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received by it pursuant to this Agreement, and shall maintain adequate
records of all receipts and disbursements pursuant hereto.
SECTION 5; ALLOCATION OF COST OF UPGRADING 13.75 MGD
FROM PRIMARY TO SECONDARY. The costs of
upgrading 13.75 MGD of the Encina Water Pollution capacity from
primary to secondary 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 rights in Phase IIA.
Said capacity rights and percentages are as follows:
PARTICIPANT . PHASE IIA CAPACITY RIGHTS PHASE IIA PERCENTAGES
VISTA 4.05 29.46%
CARLSBAD ' 3.43 24.95%
BUENA 0.62 4.51%
SAN MARCOS 2.40 17.45%
LEUCADIA 2.25 16.36%
ENCINITAS 1.00 7.27%
SECTION 6; ALLOCATION OF COST OF CONSTRUCTING ADDITIONAL
3.75 MGD OF SECONDARY TREATMENT. The costs
of constructing 3.75 MGD of secondary treatment capacity above
. 13.75 MGD of secondary treatment capacity which is 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 each party's
capacity in Phase III is increased over such party's capacity in
Phase IIA. The incremental increase of each party will be as follows:
PARTICIPANT PHASE II A PHASE III INCREMENTAL
CAPACITY RIGHTS CAPACITY RIGHTS INCREASE
VISTA
CARLSBAD
BUENA
SAN MARCOS
LEUCADIA
ENCINITAS
4.05
3.43
0.62
2.40
2.25
1.00
5.40
4.56
0.82
3.22
3.00
1.00
31.76%
26.59%
4.71
19.29
17.65
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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 MGD
which is not paid by grants from the State and/or Federal Govern-
ment shall be shared by the parties hereto in proportion to their
respective incremental increase in Phase III capacity rights as
compared to their Phase IIA capacity rights.
SECTION 8; OWNERSHIP AND CAPACITY RIGHTS AFTER COMPLETION
OF PHASE III. Upon completion of Phase III
Enlargment wherein and whereby Unit I will be enlarged from 13.75
MGD to 18.0 MGD, each of the parties hereto shall have ownership
and capacity rights in Unit I and Unit J. as follows:
PARTY
VISTA
CARLSBAD
BUENA
SAN MARCOS
LEUCADIA
ENCINITAS
PARTY
VISTA
CARLSBAD
BUENA
SAN MARCOS
UNIT I
MGD
5.40
4.56
0.82
3.22
3.00
1.00
UNIT J
MGD
6.34
10.89
4.94
.6.33
PERCENTAGE
30.00
25.33
. 4.55
17.89
16.67
5.56
PERCENTAGE
16.67%
28.66%
13.00%
16.67%
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(CONT)
PARTIES
LEUCADIA
ENCINITAS
UNIT J
MGD
6.33
3.17
' PERCENTAGE
16.67%
8.33%
SECTION 9:REIMBURSEMENT TO ENCINITAS REGARDING REDUCTION
IN OWNERSHIP IN SEDIMENTATION TANKS AND LAND
Upon completion of Phase III/ all parties to this agreement, except
Encinitas Sanitary District, shall reimburse Encinitas Sanitary
District for its reduction of ownership after completion of Phase
III, 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
' • • .after completion of Phase III shall first be deter-
mined, and
(b) The value determined pursuant to (a) above, shall
then be multiplied by the percentage of reduction,
and
(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
the sedimentation tanks and land after completion
of Phase III.
SECTION 10; VISTA TRUST FUND RE PHASE III ENLARGEMENT.
Provided that upon completion of Phase III Enlargement, VISTA, as
administrator of the Phase III project, possesses any fund which
was paid to or received by VISTA for any purpose in connection with
any part of the Phase III Enlargement, and if Vista is entitled
to distribute any or all of such funds to the parties hereto, then,
and in that event, the percentage of such funds that VISTA shall
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distribute to each party hereto shall be the percentage that each
such party paid of the total amount paid by all parties to VISTA
for the cost of Phase III Enlargement.
SECTION 11; - MISCELLANEOUS CONTRACTS. It is anticipated
that during the course of construction of Phase III 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 enaineers olans and snecifications but not included
in the manor construction contrart-s to be let by VISTA and authorized
under Section 3 of this Supplement. 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 III Enlargement. 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
V
in counterparts, and upon execution thereof by all of the parties
set forth on page 1 hereof, each such counterpart shall be deemed
to be an original.
IN WITNESS WHEREOF, each party hereto has caused this
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:
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CARLSBAD
BY: ANTONY J. SKOTNICKI, VICE-MAYOR
NO on
BUENA SANITATION DISTRICT
BYr
No on
SAN MARCOS COUNTY WATER DISTRICT
BY:
NO on
LEUCADIA COUNTY WATER DISTRICT
BY:
No on
ENC.INITAS SANITARY DISTRICT
BY: