HomeMy WebLinkAbout1979-08-14; City Council; 5961; Encina joint powers agreement supplementCITY OF CARLSBAD
Initial:
.AGENDA BILL NO. -- ^ ?* /Dept. Heac^_
DATE: _ August 14, 1979 __ c> Atty
DEPARTMENT: Engineering c- M9r-
SUBJECT- ENCINA JOINT POWERS
TWELFTH SUPPLEMENT TO BASIC AGREEMENT
STATEMENT OF THE MATTER
The Tenth Supplement to the Basic Agreement authorized the Vista Sanitation
District to enter into construction contracts to facilitate the Phase III
Encina upgrading and expansion project. By this Supplement, Vista Sanitation
District can enter into eleven separate prepurchase and construction contracts
and up to $200,000 in miscellaneous contracts. It has become apparent that
the relocation of utilities and railroad facilities can best be handled by
individual contracts under the "miscellaneous contract" provision of the
Tenth Supplement. The cumulative total of these contracts is estimated at
$200,000 with a maximum individual contract of $125,000. The Encina Joint
Advisory Committee, at its July 25, 1979 meeting, recommended approval of the
agreement.
EXHIBITS
Resolution No. ^f) */ Authorizing Execution of the Twelfth Supplement to
the Basic Agreement Amending the Tenth Supplement to the Basic Agreement
Providing for Increase in Amounts of Miscellaneous Contracts for Phase III
Construction.
RECOMMENDATION
If Council concurs, adopt Resolution N
Council Action:
8-21-79 Council adopted Resolution 5894, authorizing execution of the
Twelfth Supplement to the Basic Agreement amending Tenth
Supplement to Basic Agreement providing for increase in amounts
of miscellaneous contracts on Phase III construction.
1
2
3
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. 5894
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD AUTHORIZING EXECUTION OF THE TWELFTH
SUPPLEMENT TO THE BASIC AGREEMENT AMENDING
TENTH SUPPLEMENT TO BASIC AGREEMENT PROVIDING
FOR INCREASE IN AMOUNTS OF MISCELLANEOUS
CONTRACTS ON PHASE III CONSTRUCTION.
WHEREAS, the Vista Sanitation District, City of Carlsbad,
Leucadia County Water District, San Marcos County Water District,
Buena Sanitation District and Encinitas Sanitary District are
parties to a Joint Powers Agreement which provides for the operation
and maintenance of a joint sewer system commonly known as the ENCINA
WATER POLLUTION CONTROL FACILITY; and
WHEREAS, 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 MGD, and some adjustments and modifications of Unit J
(Ocean Outfall) rendered necessary and desirable by virtue of
Phase III Englargement; and
WHEREAS, Vista Sanitation District has been designated by
the parties hereto in the Seventh Supplement to the Basic Agreement
as the Administrator of Phase III enlargement; and
WHEREAS, it is desirable that construction of Phase III
commence at the earliest practical time, and it is necessary to
provide for the letting of contracts for the prepurchase of equip-
ment and for letting of construction contracts; and
WHEREAS, each member of the joint powers herein have exe-
cuted a Tenth Supplement to the Basic Agreement, which supplement
provided among other things that Vista is authorized to enter into
miscellaneous contracts for construction of Phase III, and that
each such contract shall not exceed $50,000 and that the cumulative
1
2
3
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
total thereof shall not exceed $200,000.00.
WHEREAS, subsequent to execution of the said Tenth
Supplement, circumstances have arisen in connection with the
relocation and said installation of public utilities and
construction related to needed adjustments of the railroad bridge
and appurtenances situated upon the EWPCF that require the maximum
of individual miscellaneous contracts to be increased to $125,000.00
and the cumulative total of such contracts to be increased from
$200,000.00 to $300,000.00.
WHEREAS, at a regular meeting of the Joint Advisory
Committee to the Joint Powers held on July 25, 1979, execution of
this supplement was unanimously recommended.
WHEREAS, a copy of the Twelfth Supplement to the Basic
Agreement is attached hereto and incorporated herein by reference.
NOW THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. That the City Council of this City be and is hereby
Authorized to execute the Twelfth Supplement to the Basic Agreement
for the Encina Joint Sewer System.
2. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said agreement for and on
behalf of the City of Carlsbad.
XXX
XXX
XXX
XXX
XXX
XXX
w
3
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
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the g-j sfcday of August > 1979 by
the following vote, to wit:
AYES:
NOES:
ABSENT: Councilman Lewis
Councilman Packard, Skotm'cki, Anear and
Counciiwoman Casler
None
c. PACKARD, Mayor
ATTEST:
ALETHA L. RAUTEKKRANZ; City Clerik.
(SEAL)
ORIGINAL
COUNTERPART
TWELFTH SUPPLEMENT
TO BASIC AGREEMENT
AMENDING TENTH
SUPPLEMENT TO BASIC
AGREEMENT PROVIDING
FOR INCREASE IN AMOUNTS
OF MISCELLANEOUS CONTRACTS
ON PHASE III CONSTRUCTION.
This Twelfth 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
MGD, and some adjustments and modifications of Unit J (Ocean Outfall)
rendered necessary and desirable by virtue of the Phase III 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 III commence att
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. Each member of the joint powers herein have executed a Tenth
Supplement to the Basic Agreement, which supplement provided among
other things that Vista is authorized to enter into miscellaneous
contracts for construction of Phase III, and that each such contract
shall not exceed $50,000 and that the cumulative total thereof shall
not exceed $200,000.00
F. Subsequent to execution of the said Tenth Supplement, circum-
stances have arisen in connection with the relocation and installation
of public utilities and construction related to needed adjustments of
the railroad bridge and appurtenances situated upon the EWPCF that
require the maximum of individual miscellaneous contracts to be
increased to $125,000.00 and the cumulative total of such contracts
to be increased from $200*,000.00 to $300,000.00
G. At a regular meeting of the Joint Advisory Committee to the
I
Joint Powers held on July 25, 1979, execution of this supplement was
unanimously recommended. '
H. This Twelfth 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 (commencing 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 autorized to contract with
2.
the others pursuant thereto.
NOW THEREFORE IN CONSIDERATION OF THE PROMISES, COVENANTS AND
AGREEMENTS HEREIN CONTAINED, THE PARTIES AGREE AS FOLLOWS:
' SECTION 1; It is hereby agreed that Section II of the Tenth
Supplement to the Basic Agreement be and is hereby amended to read
as follows:
"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 $125,000.00 for the performance of work shown on the
engineers plans and specifications but not included in the major
construction contracts to be let by VISTA and authorized under
Section 3 of the Tenth 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 $125,000.00 and all such supplemental
contracts hereby defined as "mini contracts," shall not exceed a
cumulative total of $300,000.00 "
SECTION 2: COUNTERPARTS. This agreement may be executed 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 Twelfth
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
No 5894 on 8/21/79
No on
BY:
CITY OF CARLSBAD
BY: Mayor
BUENA SANITATION DISTRICT
No on
BY:
SAN MARCOS COUNTY WATER DISTRICT
No on
BY:
LEUCADIA COUNTY WATER DISTRICT
No on
BY:
•ENCINITAS SANITARY DISTRICT
BY: