HomeMy WebLinkAbout1982-10-19; City Council; 7158-1; 20TH Supplement to Basic Agreement Encina Water Pollution Control Facilities/"•^
CnTt>F CARLSBAD - AGENDA4fLL
ARtf 7158-1
DEPT. UTL
ITLE:
20TH SUPPLEMENT TO BASIC AGREEMENT
ENCINA WATER POLLUTION CONTROL FACILITIES
DEPT.
CITY ATTY
CITYMGR.
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RECOMMENDED ACTION:
Approve Resolution No. "~7 C)1-/ O authorizing the Mayor to execute the 20th
Supplement to the Basic Agreement for Encina Water Pollution Control Facilities
ITEM EXPLANATION:
The 20th Supplement is for the purpose of increasing the fee for Brown & Caldwell
from $880,000 to $1,239,000 for Step 3 Engineering Services relating to the
Phase III expansion. The original contract amount was negotiated in August of
1980 and was based on minimum preliminary budget estimates. It was anticipated,
at that time, that the agreement would be renegotiated based on experience gained
from construction processing. Funds were budgeted at that time for this eventuality
and no additional funds are required. The JAC approved this change at their meet-
ing of September 1, 1982.
FISCAL IMPACT:
None. Funds were placed in construction reserve to cover this cost. Carlsbad's
final construction costs for the project will be increased by $11,400 by this
change.
EXHIBITS:
1. Resolution No.
2. 20th Supplement to the Basic Agreement.
RESOLUTION NO. 7040
A RESOLUTION OF THE CITY OF CARLSBAD
AUTHORIZING EXECUTION OF THE TWENTIETH
SUPPLEMENT TO THE BASIC AGREEMENT TO
PROVIDE FOR VISTA SANITATION DISTRICT
TO AMEND CONTRACT WITH BROWN AND
CALDWELL RE STEP 3 ENGINEERING SERVICES
FOR PHASE III UPGRADING AND ENLARGEMENT
OF EWPCF
WHEREAS, THE VISTA SANITATION DISTRICT, CITY OF CARLSBAD,
LEUCADIA COUNTY WATER DISTRICT, BUENA SANITATION DISTRICT,
ENCINITAS SANITARY DISTRICT AND SAN MARCOS COUNTY WATER DISTRICT,
are parties to a Joint Powers Agreement (BASIC 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, by virtue of the Seventh Supplement to the "Basic
Agreement" Vista is the administrator for the Encina Joint Powers
for said Phase III; and
WHEREAS, on August 29, 1980, Vista as said administrator of Phase
III, and pursuant to an agreement of the Encina Joint Powers,
entered into a written contract with Brown and Caldwell for Step
3 Engineering Services for the aforesaid Phase III Upgrading and
Enlargement; and
WHEREAS, said contract provided for, among other things, $880,000
as the estimated total compensation for said engineering
services; and
WHEREAS, by reason of changes necessitated in the level of effort,1"
by Brown and Caldwell in performance of Task Nos I through 13, set
forth in the aforesaid contract, during construction of Phase
III, it is necessary to increase the total estimated charges for
Step 3 Engineering Services by Brown and Caldwell from $880,000
to $1,239,000, and to provide Vista with authority to execute an
amendment to its Agreement with said Brown and Caldwell to reflect
such increase; and
WHEREAS, the Joint Advisory Committee to the Encina Joint Powers
has considered the aforesaid increase and the proposed amendment
to the Agreement for Step 3 Engineering Services, and has
recommended to the Encina Joint Powers that such amendment be
authorized; and
WHEREAS, the City Council of this City has received and
considered the Twentieth Supplement to the "Basic Agreement"
which provides authority to the Vista Sanitation District by the
Encina Joint Powers to execute Amendment No. I to the Agreement
with Brown and Caldwell whereby the aforesaid increase is
authorized; and
WHEREAS, it is in the best interests of this City to execute
the said Twentieth Supplement to the "Basic Agreement".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the
OF THE CITY OF CARLSBAD, as follows:
Section 1. That the Mayor of this City be, and is, hereby
authorized to execute the Twentieth Supplement
-2-
to the Basic Agreement" of the Encina Joint
Powers relating to the Encina Joint Sewer System.
PASSED, APPROVED AND ADOPTED at a regular meeting of the CITY
COUNCIL of the CITY OF CARLSBAD on this 19th day of
October ,1982, by the following vote, to wit:
AYES: 3 NOES: 0 Absent: 2
I Mayor
ATTEST:
City Clerk
-3-
TWENTIETH SUPPLEMENT TO BASIC AGREEMENT
AUTHORIZING THE VISTA SANITATION DISTRICT
TO EXECUTE AMENDMENT NO. 1 TO AGREEMENT
WITH BROWN AND CALDWELL INCREASING TOTAL
ESTIMATED COMPENSATION FOR ENGINEERING
SERVICES RE PHASE III UPGRADING AND
ENLARGEMENT
A*'
This Twentieth 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, VlSTA is administrator of Phase III Upgrading and Enlargement
by virtue of the Seventh Supplement to the "Basic Agreement".
D, On August 29,1980, Vista, as administrator for the Encina
Joint Powers for Phase III Upgrading and Enlargement, entered
into a contract with Brown and Caldwell wherein the latter agreed
to furnish Step 3 Engineering Services, and wherein it was agreed
that the total estimated charges for such services would be
$880,000.
E. ^.That by reason of changes in the level of services required
by Brown and Caldwell during construction of said Phase III in
performance of Task Nos. I through 13, as set forth in the
aforesaid contract dated August 28,1980, it is necessary
to increase the total estimated compensation for Step 3
Engineering Services from $880,000 to $1,239,000.
F. The Joint Advisory Committee to the Encina Joint Powers has
approved said increase and has recommended to the said Joint
*
Powers that the Agreement with Brown arid. Caldwell be amended to
reflect such increase.
G. A Copy of the proposed amendment to said Agreement is
attached hereto marked Exhibit "A" and incorporated herein by
reference. '
H. This Twentieth 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
powers common to all public agencies; in this case, being all of
the parties hereto which are authorized to contract with the
other pursuant to the aforesaid provisions.
NOW, THEREFORE, the parties agree as follows:
1. VISTA, as administrator for the ENCINA JOINT POWERS for
Phase III Upgrading and Enlargement of the EWPCF, is
authorized to execute Amendment No. I to its Agreement with
Brown and Caldwell dated August 28,1980, and said amendment
shall be in the form and substance as set fort'h in
Exhibit "A" attached hereto.
Af 2. Counterparts. This Agreement may be executed in
counterparts, and upon execution thereof by all parties
set forth on Page I 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.
IN WITNESS WHEREOF, each party hereto- has caused this Twentieth
Supplement to the "BASIC AGREEMENT" to be signed by it respective
officials heretofore duly authorized by the legislative body
thereof.
VISTA SANITATION DISTRICT,Approved by Resolution
NO.
On
Approved by Resolution
NO. 7040
On October 19, 1982
Approved by Resolution
NO.
On
BY
CITY OF CARLSBAD,
LEUCADIA COUNTY WATER DISTRICT,
BY
Approved
No.
On
by Resolution SAN MARCOS COUNTY WATER
BY
-3-
Approved by Resolution
No.
On
BUENA SANITATION DISTRICT,
BY
Approyed by Resolution ENCINITAS SANITARY DISTRICT,
On
AMENDMENT NO. 1
TO
MASTER AGREEMENT FOR STEP 3 ENGINEERING SERVICES
BETWEEN
VISTA SANITATION DISTRICT AND BROWN AND CALDWELL
FOR
PHASi; III ENLARGEMENT AND UPGRADING OF
THE ENCINA WATER POLLUTION CONTROL FACILITY
THIS AMENDMENT TO AGREEMENT made and entered into as of
day of _ 1982, by and between the
Vista Sanitation DistrictTnerearter referred to as "District"
or "Owner", and Brown and Caldwell, a California corporation
authorised to provide consulting engineering services, hereafter
referred to as "Engineer."
WITNESSETH:
WHEREAS, the District and Engineer has entered into an
Agreement on August 29, 1980, for certain Stop 3 Engineering
Services for the Phase III Enlargement and Upgrading of the
Encina Water Pollution Control Facility (hereinafter referred
to as the "Master Agreement"); and
WHEREAS, a preliminary estimate of tha total compensation
was established in the Master Agreement for budgetary purposes
for Subtasks 1 through 13; and
WHEREAS, the extent of the work required by the Engineer
has been greater than that originally anticipated and therefore
it is necessary to increase this estimated total compensation.
NOW/ THEREFORE, District and Engineer agree as follows:
I. In Paragraph C.I. of Exhibit B, change tha estimated total
.',<• compensation from $880,000 to $1,239,000.
II. All other provisions of this Master Agreement between
District and Engineer shall remain in full force and effect.
(HIBIT A
IN WITNESS WHEREOF, District and Engineer have caused this
Amendment to the Master Agreement to be executed the day and date
first written above.
ATTEST:VISTA SANITATION DISTRICT
By
Chairman
Approved by Resolution No.BROWN AND CALDWELL, a
California Corporation
By
Vice President