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HomeMy WebLinkAbout1983-07-19; City Council; 7158-4; Twenty-Fourth Supplement to Basic Agreement Encina Water Pollution Control FacilitiesCllQ)F CARLSBAD - AGENDOTILL c_ MTQ. 7/19/83 DEPT..UTL TITLE: TWENTY-FOURTH SUPPLEMENT TO BASIC AGREEMENT ENCINA WATER POLLUTION CONTROL FACILITIES DEPT. CITY ATTY_|/£2i CITY MQR. o§ U oU 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. -v 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- c 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 ; ( Page 2 of 2 /