HomeMy WebLinkAbout1983-07-19; City Council; 7158-4; Twenty-Fourth Supplement to Basic Agreement Encina Water Pollution Control FacilitiesCllQ)F CARLSBAD - AGENDOTILL
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MTQ. 7/19/83
DEPT..UTL
TITLE:
TWENTY-FOURTH SUPPLEMENT TO BASIC AGREEMENT
ENCINA WATER POLLUTION CONTROL FACILITIES
DEPT.
CITY ATTY_|/£2i
CITY MQR.
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RECOMMENDED ACTION:
Approve Resolution No. /7x>(f>7 authorizing the Mayor to execute the 24th
Supplement to the Basic Agreement for Encina Water Pollution Control Facilities.
ITEM EXPLANATION
The Master Agreement with Brown and Caldwell for the provision of engineering
services to the Phase III and IIIA construction and special engineering services
is scheduled to expire on July 27, 1983. This supplement changes the Master
Agreement as follows:
1. Extends the agreement until July 27, 1984.
2. Increases the budget amount for the step 3 services by $363,500
($1,287,500 to $1,551,000)
3. Increases the special engineering services budget (non Phase III related)
by $25,000 ($75,000 to $100,000).
FISCAL IMPACT
The Step 3 services are grant eligible, therefore, the maximum impact this change
could have would be to increase our cost by $11,541. The special engineering
services might not be grant eligible, if not, our maximum cost might be $6,350 or
a total for both changes of $17,891. These are budget increases and not
necessarily expenditures. City funds have already been deposited in the contingency
reserve of the Encina construction fund, therefore, no additional funds are
required.
EXHIBITS
1.
2.
Resolution No.
24th Supplement to the Basic Agreement and supporting documentation
on file in City Clerk's office.
C
RESOLUTION NO. 7287
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD AUTHORIZING
EXECUTION OF THE TWENTY-FOURTH SUPPLEMENT TO
PROVIDE AUTHORITY TO VISTA SANITATION DISTRICT
TO AMEND ITS CONTRACT WITH BROWN & CALDWELL FOR
FOR BASIC STEP 3 AND SPECIAL ENGINEERING SERVICES
FOR PHASE III UPGRADING AND ENLARGEMENT OF THE
ENCINA WATER POLLUTION CONTROL FACILITY.
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WHEREAS, VISTA SANITATION DISTRICT, LEUCADIA COUNTY WATER
DISTRICT, SAN MARCOS COUNTY WATER DISTRICT, BUENA SANITATION
DISTRICT, ENCINITAS SANITARY DISTRICT, and the CITY OF CARLSBAD
are parties to a Joint Powers Agreement which provides for opera-
tion and maintenance of a joint sewer system commonly known as
the ENCINA WATER POLLUTION CONTROL FACILITY; and
WHEREAS, pursuant to the Seventh Supplement to the Basic
Joint Powers Agreement, Phase III Upgrading and Enlargement of
the ENCINA WATER POLLUTION CONTROL FACILITY is in progress; and
WHEREAS, VISTA SANITATION'DISTRICT is the Administrator" of
Phase III Upgrading and Enlargement of the ENCINA WATER POLLUTION
CONTROL FACILITY, as required by Section 2 of the aforesaid
Seventh Supplement to the Basic Agreement; and
WHEREAS, pursuant, to prior approval of all members of the
Joint Powers, VISTA SANITATION DISTRICT has heretofore entered
into a written contract with BROWN & CALDWELL dated August 29,
1980, for the latter's Basic Step 3 and Special Engineering
Services for the Phase III Upgrading and Enlargement; and
WHEREAS, pursuant to prior approval of all members of the
Joint Powers, the said contract has been heretofore amended
twice; and
P.-
WHEREAS, it has become necessary to effectuate a Third Amend-
ment to said contract with BROWN & CALDWELL by reason of the
necessity to extend the time for completion of construction of
said Phase III and thereby increase the scope of services here-
tofore agreed by said firm to be performed, and further by reason
of the necessity to provide for future adjustments of the over-
head rate to be approved by the EPA as provided in said contract;
and
WHEREAS, on June 22, 1983, the proposed Third Amendment to
the contract with BROWN & CALDWELL was considered by the Joint
Advisory Committee to the Joint Powers at a regular meeting
thereof, and was unanimously approved by .said committee; and
WHEREAS, it is in the best interest of this City that its
Mayor be authorized to execute the Twenty-Fourth Supplement to
the Basic Agreement authorizing VISTA SANITATION DISTRICT to
amend its contract between said City and BROWN & CALDWELL, a copy
if
of which is attached hereto and incorporated herein.
NOW, THEREFORE, BE IT RESOLVED by the Mayor of the CITY OF
CARLSBAD as follows:
Section 1: That the Mayor of the CITY OF CARLSBAD be, and is
hereby, authorized to execute the Twenty-Fourth
Supplement to the Basic Agreement, which supple-
ment authorizes VISTA SANITATION DISTRICT, as
administrator of Phase III Upgrading and Enlarge-
ment -of the ENCINA WATER. POLLUTION CONTROL
FACILITY, to amend its contract with BROWN &
CA-LDWELL for Basic Step 3 and Special Engineering
Services.
-2-
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
City Council of the CITY OF CARLSBAD on the 19th day of
July , 1983, by the following votes, to wit:
AYES: 4 NOES: 0 ABSENT: 1
MARY/H. CASLER, Mayor
ATTEST:
. r*<-
CITY CLERK , ALETHA L. RAUTENKR|\NZ
-3-
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TWENTY-FOURTH SUPPLEMENT TO BASIC AGREEMENT
OF ENCINA JOINT POWERS AUTHORIZING VISTA
SANITATION DISTRICT TO AMEND ITS CONTRACT
WITH BROWN AND CALDWELL FOR STEP 3
ENGINEERING SERVICES FOR PHASE III UPGRADING
AND ENLARGEMENT OF THE ENCINA WATER POLLUTION
CONTROL FACILITY
This Twenty-Fourth Supplement is made and entered into this
day of ' , 1983, by and among: VISTA SANITATION
•DISTRICT (VISTA), a County Sanitation District; CITY OF CARLSBAD
(CARLSBAD), a General Law City; SAN MARCOS COUNTY WATER DISTRICT
(SAN MARCOS), a County Water District; BUENA SANITATION DISTRICT
(BUENA), a County Sanitation .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. An expansion of Uni-t I of the. EWPCF known as Phase III
Upgrading and Enlargement is currently under construction provid-
ing for an increase in capacity from 13.75 MGD to 18.0 MGD.
C. VISTA 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,
i * .
entered into a contract (Master Agreement) with Brown and
Caldwell, wherein the latter agreed to furnish Basic Step 3
Engineering Services and Special Engineering Services during
construction of Phase III Upgrading and Enlargement of the EWPCF.
E. Said Master Agreement provided a preliminary estimate in
the amount of $880,000 for said Basic Step 3 Engineering
Services, and a preliminary estimate of $75,000 for Spe.cial
Engineering Services during Phase III Upgrading and Enlargement. •
F. The Master Agreement further provided that any increase
in the preliminary estimate for Basic Step 3 and Special
Engineering Services must be made by an amendment to the
aforesaid Master Agreement.
G. By virtue of increased scope of work required of Brown
and Caldwell, and adjustments of overhead rates as approved by
the Environmental Protection Agency, the Master Agreement has
been amended pursuant to authority of the .Encina Joint Powers-,
contained in Supplements to the Basic Agreement whereby the said
preliminary estimate of-* $880,000 has been increased to
$1,287,500. •".••• ' . ' : .\ ;
H. The aforesaid preliminary estimate was predicated upon
construction of Phase III being completed prior to June 3O, 1983.
I. By virtue of the completion date for said Phase III
having been extended past June 30, 1983, and the need for addi-
tional Basic Step 3 Engineering Services and Special Engineering
Services during the extension period, and the need to provide for
future overhead rate - adjustment according to EPA guidelines,
Brown and Caldwell has requested .an amendment to its Master
Agreement whereby the estimated total for Basic Step 3 Engineer-
*
ing Services be increased from SI,287,500 .to $1,551,000, and
'***>!.
. the estimate for Special Engineeering. Services be increased from
$75,000 to $100,000. . '•
J.' The Joint Advisory Committeee to the Encina Joint Powers
has approved the aforesaid requested amendments and - has
recommended to the " said Encina Joint Powers that the Master
Agreement with Brown and Caldwell be amended to reflect such
amendment. ..''•'• •• •
K. This Twenty-Fourth Supplement to the "Basic Agreement"
is made pursuant to the provisions of Article I, Chapter 5,
Division 7, Title I, of the Government Code o-f 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 theparties hereto which are authorized to contract
. with the others pursuant to the aforesaid provisions.
NOW, THEREFORE, the parties hereto 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. 3 to Master Agreement for Step 3
Engineering Services between Vista and Brown and Caldwell for
Phase III Upgrading and Enlargement, a copy of which is attached
hereto marked Exhibit "A" and incorporated herein by reference.
2. This agreement may be executed .in counterparts and upon
execution thereof by all parties set forth on page 1 hereof,
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 has caused this Twenty-Fourth
Supplement to the "Basic Agreement" to .be signed by its respec-
tive officials heretofore duly authorized by the legislative body
thereof. -'•••"'
Approved by Resolution
No. ; on
, 1983.
VISTA SANITATION DISTRICT,
Attest:
Jean Brooks, Clerk
By
Approved by Resolution
No. 7287 on
July 19,, 1983.
Approved by Resolution
No. • • on
, 1983.
CITY OF CARLSBAD,
^ itBy / t/Us-^^<-y U- .
MAKY H. QASLER, Mayor
LEUCADIA COUNTY WATER DISTRICT
Approved by Resolution
No. ' on
, 1983.
By
SAN MARCOS COUNTY WATER
DISTRICT,
By
Approved by Resolution
No. on
, 1983.
BUENA SANITATION DISTRICT,
Approved by Resolution
No. • "^ on
, 1983.
ENCINLTAS SANITARY DISTRICT,
By
AMENDMENT NO. 3
TO
MASTER AGREEMENT FOR STEP 3 ENGINEERING SERVICES
BETWEEN
VISTA SANITATION DISTRICT- AND BROWN AND CALDWELL
FOR
PHASE III ENLARGEMENT AND UPGRADING OF
THE ENCINA WATER POLLUTION CONTROL FACILITY
THIS AMENDMENT TO AGREEMENT made and entered into as of
day of 1983, by and between the Vista
Sanitation District, hereafter referred to as "District" or "Owner",
and Brown and Caldwell, a California corporation authorized to provide
consulting engineering services, hereafter referred to as "Engineer."
WITNESSETH: •
WHEREAS, the District and Engineer have'entered into an
'Agreement on August 29, 1980, for certain Step 3 Engineering Services
for the Phase III Enlargement and Upgrading of the Encina Water
Pollution Control Facility (hereina-fter referred to as the "Master
Agreement"); and ' •'•...
WHEREAS, the Master Agreement was amended by Amendment 1 to
increase the scope of'work a'nd the estimated total compensation;
and •
WHEREAS, the Master Agreement was amended by Amendment'2•to
establish the Engineer's final USEPA approved overhead rate for fiscal
year 1979/80 and a provisional billing overhead rate for fiscal year
1980/81 and to increase the estimated total compensation; and
.WHEREAS, the time of construction of the'Phase1 III Enlargement
.and Upgrading of the Encina Water. Pollution Control Facility has been
extended; and • . .
WHEREAS,' the extent of the work required of the Engineer
has been greater than anticipated and therefore it is necessary to
increase the estimated total compensation; and
WHEREAS, approximately two thirds of the allowance for
unforeseen incidental engineering work related to the project and not
covered in Exhibit "A" of the Master Agreement, and classified as
.Special Step 3 Engineering Services has been utilized and therefore it
is appropriate to increase the allowance; and
-• * . -
WHEREAS certain.Basic Step 3 Engineering Services, especially
Subtask 10, Preparation of Operations and Maintenance Manual, and
Subtask 11, Start-up Services Program, as described in Part B of
Exhibit "A" of the Master Agreement have been scheduled for completion
after the completion of construction; and
WHEREAS, it .is necessary t.o modify the time limitation of the
Master Agreement to accommodate the above extended construction
activities. ' • •
2 I 1 O 3T 'f\k~i. ;~s i i\ - - • ... .4I D; I /I , . '<
NOW, THEREFORE ^District and Engineer ao^e as follows:
1. In Paragraph C.I. of Exhibit "B" of the Master Agreement,
change the estimated total compensation from $1,287,500
to $1,551,000. . . "
2. Delete the following sentence in Paragraph C.I. of Exhibit
"B" of the Master Agreement: "It is based on the construction
period being completed prior to June 30, 1983," and
substitute: "It is based on the Engineer's services being
completed.prior to July 27, 1984."
'3. In Paragraph C.2 of Exhibit "B" of the Master Agreement,
change the allowance for special engineering services
from $75,000 to $100,000.
4. All other provisions of this Master Agreement between
District and Engineer shall remain in full force and effect.
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 By
Approved by Resolution No,
OJT
BROWN AND CALDWELL, a
California Corporation
J. Lynn Haryio£d
Vice/ President
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