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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: