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HomeMy WebLinkAbout1982-09-21; City Council; 7158; 19TH Supplement to Basic Agreement Encina WPCFOF CARLSBAD - AGENDA BILL AR# 7/^"P* MTG. 9-3 /~?3 DEPT. UTL TITLE: 19TH SUPPLEMENT TO BASIC AGREEMENT - ENCINA WPCF OEPT HD.^^ riTY ATTY \J£& CITY MQR- ^frU_ o LU OQ:a.a. o OO RECOMMENDED ACTION: Approve Resolution No. 7o/ O authorizing the Mayor to execute the 19th Supple- ment to the Basic Agreement for Encina Water Pollution Control Facility. ITEM EXPLANATION: Phase III of the Encina expansion increased capacity 13.75 MGD to 18.0 MGD. Vista was designated as the lead agency. Phase IIIA expansion was planned concurrent with Phase III and will increase capacity from 18.0 to 22.5 MGD. Phase IIIA was to be constructed after Phase III since it was not eligible for grant funding. The Leucadia County Water District was designated as the lead agency for IIIA. It is now apparent that IIIA can be constructed as a change order to the present construction contract with Brinderson Corp. at a savings in money and time rather than having it built some time in the future under separate contract. The 19th Supplement will change the lead agency from Leucadia County Water District to Vista for the IIIA expansion in order for Vista to execute the change order. FISCAL IMPACT: None. Funds ($123,000) have already been authorized for this expansion. The original cost estimate for IIIA was $450,000; however, the change order will be accomplished for about $364,000. Therefore, about $86,000 (Carlsbad's share is about $22,000) of costs have been avoided. EXHIBITS: 1. Resolution No. 2. 19th Supplement to the Basic Agreement RESOLUTION NO. 7010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING EXECUTION OF THE NINETEENTH SUPPLEMENT TO THE BASIC AGREEMENT FOR ENCINA JOINT SEWER SYSTEM TO PROVIDE AUTHORIZATION FOR VISTA SANITATION DISTRICT TO ACT AS ADMINISTRATOR FOR PHASE IIIA ENLARGEMENT AND TO EXECUTE CHANGE ORDER TO PHASE III CONTRACT 10/11 FOR , CONSTRUCTION OF PHASE IIIA ENLARGEMENT. 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, ("BASIC i 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 III Upgrading and Enlargement is under construction providing for an increase in capacity from 13.75 MGD to 18.0 MGD; and WHEREAS, the parties hereto have agreed by virtue of a Seventeeth Supplement to the "BASIC AGREEMENT" that Unit I of the EWPCF be enlarged from 18.0 MGD to 22.5 MGD; and WHEREAS, it is desirable that Phase IIIA construction of; i. facilities for increasing capacity in Unit I from 18.0 MGD to 22.5 MGD be made concurrently with Phase III Upgrading and Enlargement in order that the future costs of such construction and the time required for performance thereof be lessened. WHEREAS, LEUCADIA was designated as administrator for the Encina Joint Powers by virtue of the Eleventh Supplement to the "BASIC AGREEMENT"; and by reason thereof was designated as administrator for Phase IIIA in the Seventeenth Supplement. WHEREAS, VISTA is administrator of Phase III Upgrading and Enlargement by virtue of the Seventh Supplement, and the Encina Joint Powers are desirous of having said Sanitation District administer Phase IIIA in that construction of Phase IIIA facilities will not be a separate contract, but will be accomplished by a change order to the existing contract No. 10/11 of Phase III Upgrading and Enlargement; and WHEREAS, the parties hereto are desirous of authorizing VISTA to enter into a change order for construction of Phase IIIA for the sum of $364,000.00; and WHEREAS, the Joint Advisory Committee to the Encina Joint Powers has approved the proposed Nineteenth Supplement to the "Basic Agreement"; and WHEREAS, it is in the best interest of this District to execute said Nineteenth Supplement; and WHEREAS, a copy of the Nineteenth 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: | Section 1: That the Mayor of this city be, and is hereby authorized to execute the Nineteenth Supplement to the "Basic Agreement" for the Encina Joint Sewer System. —2— PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the CITY OF CARLSBAD on this 21st day of September _ , 1982, by the following vote, to wit: AYES 3 NOES 0 Absent 2 Mayor o\>&r NINETEENTH SUPPLEMENT TO BASIC AGREEMENTAUTHORIZING THE VISTA SANITATION DISTRICTTO EXECUTE CHANGE ORDER TO CONTRACT 10/10OF PHASE III UPGRADING AND ENLARGEMENT ANDTO ACT AS ADMINISTRATOR OF PHASE IIIA ENLARGEMENT This Nineteenth 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; BUENA SANITATION ' DISTRICT (BUENA), a County Sanitation District; 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); hereafter referred to as EWPCF. . • B. . An expansion of Unit I of the EWPCF, known as Phase III Enlargement, is currently under construction providing for an increase in capacity from 13.75 MGD to 18.0 MGD. C. The parties hereto have agreed by virtue of a Seventeenth Supplement to the "BASIC AGREEMENT" that Unit I of the EWPCF be; enlarged from 18.0 MGD tO 22.5 MGD, D. Phase III Upgrading is scheduled to be completed in late 1982. E. It is desirable that Phase IIIA construction of the facilities for increasing capacity in Unit I from 18.0 MGD to 22.5 MGD be made concurrently with. Phase III Upgrading and Enlargement in order that the future costs of such construction and time required for performance thereof be substantially lessened. F. LEUCADIA was designated the administrator' for the Encina Joint Powers by virtue of the Eleventh Supplement to the "BASIC AGREEMENT"; and by reason thereof was designated as administrator for Phase IIIA in the Seventeeth Supplement. G. VISTA is administrator of Phase III Upgrading and Enlargement by virtue of the Seventh Supplement, and the Encina Joint Powers are desirous of having said Sanitation District administer Phase IIIA in that construction of Phase IIIA facilities will not be a separate contract, but will be accomplished by a change order to the existing contract No. 10/11 of Phase III Upgrading and Enlargement. H. The parties hereto are desirous of authorizing VISTA to enter into a change order for construction of Phase IIIA for the sum of $364,000.00. I. This Nineteenth 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 forces common to all public agencies; in this £ase, being all of the parties hereto which are authorized to contract with the other pursuant to such provisions. NOW, THEREFORE, the parties agree as follows: -2- 1. VISTA As Administrator for Phase IIIA. VISTA shall be the administrator and lead agency for construction of the afore- said Phase IIIA Enlargement. . 2. Authorization for Change Order to Construct Phase IIIA. VISTA is authorized to effectuate a change order with the Brinderson Corporation in the amount of $364,000.00 as a change order to contract 10/11 of Phase III Upgrading,arid Enlargement •»• for the purpose of constructing Phase IIIA Enlargement. 3. Authority for. LEUCADIA to Pay Funds to VISTA. LEUCADIA,/ as the general administrator for the Encina Joint Powers, is authorized to pay to VISTA, as administrator of Phase IIIA Enlargement, the sum of $364,000.00, which funds shall be paid to LEUCADIA by each party hereto in the percentage set forth in Section 4 of the 17th Supplement to the "BASIC AGREEMENT", namely: ' • . VISTA 30.00% SAN MARCOS 17.78% CARLSBAD 25.40% LEUCADIA 16.67% BUENA 4.59% .ENCINITAS 5.56% 4. 'Section 8 of Seventeenth Supplement Superseded. That by virtue of this Nineteenth Supplement to the BASIC AGREEMENT, Section 8 of the Seventeenth Supplement has become inoperative and is hereby superseded and shall cease to be of any force and effe'ct upon execution of this Supplement by all parties hereto.ti 5. Counter Parts. This Agreement may <• be executed in counterparts, and upon execution thereof by all parties set forth on Page 1 hereof, each counterpart shall be deemed to be an original. This Supplement shall become effective on the last date that a counterpart hereof is executed by a party hereto. -3- IN WITNESS WHEREOF, each party hereto has caused this NINETEENTH SUPPLEMENT to the "BASIC AGREEMENT" to be signed by its respective officials heretofore duly authorized by the legis- lative body thereof. ' Approved by Resolution No. On VISTA SANITATION DISTRICT, By Approved by Resolution .No. 7010 On 9-21-82 Attest: "CITY CLERK CITY OF CARLSBAD, By Approved •' by Resolution No. On LEUCADIA COUNTY WATER DISTRICT, By Approved by Resolution No._ On SAN MARCOS COUNTY WATER DISTRICT, By Approved by Resolution No. On BUENA SANITATION DISTRICT, By Approved by Resolution No. ... On !! ENCINITAS SANITARY DISTRICT, By } -4-