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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. Wl oUJ§tro.Q- u< o oo 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