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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. 1 2 5 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. -1- 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 -3- 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 -4- w 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 -0- o 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% -6- (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 •- 7 — c o 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: -8- c 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: