HomeMy WebLinkAbout1985-10-01; City Council; 7158-10; Thirtieth Supplement to Encina Basic AgreementCn£)OF CARLSBAD —
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TITLE:
THIRTIETH SUPPLEMENT TO THE
ENCINA BASIC AGREEMENT
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RECOMMENDED ACTION:
Approve Resolution No.authorizing the Mayor to execute the
Thirtieth Supplement to the Basic Agreement for the Encina Water Pollution
Control Facility.
ITEM EXPLANATION:
The Seventh Supplement to the Basic Agreement appointed the City of Vista to
serve as the administrator for the Phase III enlargement and authorized it to
enter into agreements for the project. The agreement with Brown & Caldwell,
Project Engineers, included interim billing overhead rates to be paid at the
time of work and provisions for adjusting that rate based upon EPA review and
approval. This supplement is for the purpose of adjusting the overhead rates
for the period September, 1980 - September, 1983 and requests approval for
the City of Vista to modify the agreement with Brown & Caldwell.
FISCAL IMPACT;
The cumulative adjustments amount to an increase of $78,712 to Brown & Caldwell.
Carlsbad's share is approximately $22,512. Funds have already been provided in
the Phase III trust account so no additional funds are required. It is expected
that a large percentage will be grant eligible so final costs will not be known
until after the final audits.
EXHIBITS:
1. Resolution No.
2. Thirtieth Supplement to Encina Basic Agreement.
RESOLUTION NO. 8199
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THE CARLSBAD AUTHORIZING EXECUTION OF THE THIRTIETH
SUPPLEMENT TO THE BASIC AGREEMENT TO PROVIDE AUTHORITY
TO THE CITY OF VISTA TO AMEND ITS CONTRACT WITH BROWN
& CALDWELL FOR BASIC STEP 3 AND SPECIAL ENGINEERING
SERVICES FOR PHASE 111 UPGRADING AND ENLARGEMENT OF
THE ENCINA WATER POLLUTION CONTROL FACILITY
WHEREAS, VISTA, CARLSBAD, LEUCADIA, BUENA, ENCINITAS, and
SAN MARCOS are parties to a Joint Powers Agreement (Basic Agree-
ment) , which provides for the operation and maintenance of a
joint sewer system commonly known as the ENCINA WATER POLLUTION
CONTROL FACILITY (EWPCF); and
WHEREAS, pursuant to the Seventh Supplement to the .Basic
Joint Powers Agreement, Phase TTJ Upgrading and Enlargement of
the ENCINA WATER POLLUTION CONTROL FACILITY is in progress and
nearing completion; and
WHEREAS, The City of Vista is the Administrator of said Phase ITT
Upgrading and Enlargement by virtue of Section 2 of the Seventh
Supplement to the Encina Joint Powers Basic Agreement; and
WHEREAS, pursuant to prior approval of all members of the said
Joint Powers, the City fo Vista has heretofore entered into a
written agreement with Brown & Caldwell dated August 30, 1980,
for the latter's Basic Step 3 and Special Engineering Services
for Phase EO Upgrading and Enlargement; and
WHEREAS, pursuant to prior approval of all members of the Joint
Powers, the said agreement has heretofore been amended three
times; and
WHEREAS, —it has become necessary to effectuate a Fourth
Amendment to said agreement with BROWN & CALDWELL by reason of
provisions therein providing for " Interim and Provisional
Billing Overhead Rates", and, adjustment of said rates upon
approval thereof by the Environmental Protection Agency; and
WHEREAS, The Environmental Protection Agency has issued its
final approval for an Interim Billing Overhead Rate for the
annual periods from September 30,1980 through September 30, 1983,
and has approved a Provisional Overhead Rate for the period from
September 27,1980 through September 25, 1981; and
WHEREAS, the 'proposed' amendments to the agreement with BROWN &
CALDWELL have been considered by the Joint Advisory Committee
to the Encina Joint Powers at a regular meeting thereof, and were
unanimously approved by said committee; and
WHEREAS, it is in the best interests of this City that its
Mayor be authorized to execute the Thirtieth Supplement to
the Basic Agreement authorizing the City of Vista to amend
its agreement with BROWN & CALDWELL ; and
WHEREAS, a copy" of said Thirtieth Supplement and proposed
amendments to the agreement with Brown & Caldwell are attached
hereto and incorporated herein.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
-2-
Section 1: That the Mayor of the City of Carlsbad be, and
is, hereby authorized to execute the Thirtieth Supplement to the
Basic Agreement, which supplement authorizes the City of Vista,
as Administrator of Phase TTT Upgrading and Enlargement of the
ENCINA WATER POLLUTION CONTROL FACILITY , to amend its agreement
with Brown & Caldwell for Basic Step 3 and Special Engineering
services.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City
Council on the 1st day of October , 1985, by the
following votes, to wit:
AYES: 5 NOES 0 ABSENT: 0
Mayor
i/
ATTEST:
ALE1HA L. RA1
-3-
THIRTIETH SUPPLEMENT TO BASIC AGREEMENT
OF ENCINA JOINT POWERS AUTHORIZING VISTA
SANITATION DISTRICT TO AMEND ITS CONTRACTS
WITH BROWN AND CALDWELL FOR STEP 2 AND 3
ENGINEERING SERVICES FOR PHASE III UPGRADING
AND ENLARGEMENT OF THE ENCINA WATER POLLUTION
CONTROL FACILITY
This THIRTIETH Supplement is made and entered into this
day of , 1985, by and among: CITY OF VISTA, a
General Law City (Vista); 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
(EN.CINITAS), 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. Construction of an expansion of Unit I of the EWPCF
known as Phase III Upgrading and Enlargement is currently near
completion which provids 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 June 7, 1978, and August 29, 1980, respectively,
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 2 and Step 3
Engineering Services, respectively, on a cost reimbursement
basis, approved by the United States Environmental Protection
Agency (USEPA), and wherein the interim overhead rate to be
applied to the direct costs of Brown and Caldwell was agreed upon.
E. The aforesaid agreements provided in part that during
performance of the contract, the aforesaid interim overhead rate
would be later modified subject to approval by the USEPA.
F. The interim overhead rate of 1.50 has been superceded
by the provisional rate of 1.62 approved by the Twenty-First
Supplement to the Basic Agreement for the fiscal year September
27, 1980, through September 25, 1981.
G. The interim overhead rate of i.50 has'been applied' to
the Engineer's indirect cost for the fiscal year of September 26,
1981, through September 27, 1982.
H. An interim overhead rate of 1.58 has been used by the
Engineer in calculating the indirect costs for the period from
September 25, 1982, through November 26, 1982.
I. An interim overhead rate of 1.65 has been used by the
Engineer in calculating indirect costs since November 27, 1982.
J. The USEPA has approved final overhead rates for Brown
and Caldwell in the percentages and for the years as follows:
Fiscal Year Rate
9-25-80 to 9-24-81 162.39%
9-24-81 to 9-24-82 190.20%
9-30-82 to 9-30-83 181.99%
-2-
K. Brown and Caldwell have requested of VISTA that the
latter amend its agreements with the former to reflect the
changes from the provisional rates to final rates, where
established, and to utilize the above-stated GPA approved final
overhead rate for billing purposes for the fiscal years 1980/81,
1981/82, 1982/83.
L. The Joint Advisory Committee to the Encina Joint Powers
has approved each of the aforesaid requested amendments and has
recommended to the said Encina Joint Powers that the agreements
with Brown and Caldwell be amended to reflect such amendments.
M. Copies of the proposed amendments to the agreements for
Step 3 Engineering Services are attached hereto marked Exhibits
"A" • arid B ; and incorporated heriein by .reference. ..-• ' "
N. This Thirtieth Supplement to the "Basic Agreement"
is made pursuant to the provisions of Article I, Chapter 5,
Division 7, Title I, of the Goverment 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 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 each of the amendments, copies of which are attached
hereto marked Exhibits "A" and "B" and are more specifically
identified as follows:
Exhibit "A": Amendment 4 to Agreement for Step 3
7 -3-
Exhibit "B"
Engineering Services Between Vista
Sanitation District and Brown and
Caldwell for Phase III Enlargement
and Upgrading of the EWPCF
Amendment 1 to Task Order No. 9 for
Step 3 Engineering Services—Phase
III Enlargement and Upgrading of the
EVifCF
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 Thirtieth
Supplement to the "Basic Agreement" to be signed by its respec-
tive official's heretofore duly authorized by the' legislative body
thereof.
Approved by Resolution
No. on
, 1985.
Attest:
Jean Brooks, Clerk
CITY OF VISTA,
By_
Approved by Resolution
No. 8199 on
October 1 , 1965.
Approved by Resolution
No. on
, 1985.
CITY OF CARLSBAD,
LEUCADIA COUNTY WATER DISTRICT
BY.
Approved by Resolution
No. on
, 1985.
/•"S
SAN MARCOS >CUNTY WATER
DISTRICT,
BY.
Approved by Resolution
No.on
, 1985.
BUENA SANITATION DISTRICT,
BY.
Approved by Resolution
No. on
_, 1985.
ENCINITAS SANITARY DISTRICT,
By.
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AMENDMENT 4 TO
MASTER AGREEMENT
FOR STEP 3 ENGINEERING SERVICES
BETWEEN
CITY OF VISTA 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 , 1984, by and between the City of
Vista, hereafter referred to as "City" or "Owner", and Brown and
Caldwell, a California corporation authorized to provide consulting
engineering services, hereafter referred to as "Engineer*.
- . .. . ' • .. WITNESS ETH:. ' " •'. '• •
WHEREAS, City entered into a Step 3 engineering services
agreement with the Engineer on August 29, 1980, for certain
engineering services during construction of the Phase III Enlarge-
ment and Upgrading of the Encina Water Pollution Control Facility
(hereinafter referred to as the "Master Agreement"); and
WHEREAS, the Master Agreement was amended on three separate
occasions to increase the scope of work and the estimated total
compensation; and
WHEREAS, Engineers has billed City on a monthly basis for a
compensation of engineering services provided in accordance with
the terms and conditions of the Master Agreement and authorization
from City; and
WHEREAS, _in accordance with the provisions of Amendment 2
to the Master Agreement, dated February 14, 1983, the interim
billing overhead rate of 1.50 has been superseded by the provisional
billing overhead rate of 1.62 and the compensation for these
engineering services has been adjusted accordingly for the fiscal
year of September 27, 1980, through September 25, 1981; and
WHEREAS, in Engineer's monthly billings to City for services
authorized on a cost reimbursement basis, an interim billing
overhead rate of 1.50 has been used in calculating the indirect
costs for the fiscal year of September 26, 1981, through September
24, 1982; and
Page 1 of 3
EXHIBIT A
WHEREAS, in Engineer's monthly billings to City for services
authorized on a cost reimbursement basis, an interim billing
overhead rate of 1.58 has been used in calculating the indirect
costs for the period September 25, 1982, through November 26, 1982;
and
WHEREAS, in Engineer's monthly billings to City for services
authorized on a cost reimbursement basis, an interim billing
overhead rate of 1.65 has been used in calculating the indirect
costs since November 27, 1982; and
WHEREAS, in accordance with the provisions of the Master
Agreement, the United Stated Environmental Protection Agency
(USEPA) has approved final overhead rates for Engineer's Fiscal
Years (FY) 1980/81, 1981/82, and 1982/83; and
WHEREAS, it is necessary to modify certain portions of the
Master Agreement to establish the above final overhead rates.
NOW, THEREFORE, City and Engineer agree as follows:
1. Add the following to Paragraph A.I.a.(2), Exhibit "B"
of the Master Agreement:
In accordance with the above provisions, the following
is a summary of the interim, provisional and final
USEPA approved overhead rates:
Interim Provisional Final USEPA
billing billing approved
overhead overhead overhead
Period rate rate rate
September 27 , 1980
through 1.50 1.62 1.6239
September 25, 1981
September 26, 1981
through 1.50 — 1.9020
September 24, 1982
September 25, 1982through 1.58 — 1.8199
November 26, 1982
November 27, 1982
through 1.65 — 1.8199
September 30, 1983
Page 2 of 3
IN WITNESS WHEREOF, City and Engineer have caused this
Amendment to the Master Agreement to be executed the day and date
first written above.
ATTEST:CITY OF VISTA
By By
Approved by Resolution No.
on
BROWN AND CALDWELL, a
California Corporation
Page 3 of 3
AMENDMENT 1
TO
TASK ORDER NO. 9
FOR
STEP 3 ENGINEERING SERVICES
PHASE III ENLARGEMENT AND UPGRADING
OF
THE ENCINA WATER POLLUTION CONTROL FACILITY
THIS AMENDMENT TO TASK ORDER NO. 9 is made and entered into
by and between the City of Vista, hereinafter referred to as "City"
and Brown and Caldwell, hereinafter referred to as "Engineer".
WITNESSETH:
WHEREAS, on January 26, 1984, City authorized Engineer to
proceed with certain work under Task Order No. 9; and
WHEREAS, Engineer has billed City on a monthly basis for
compensation of engineering services provided in accordance-with .
the t&rms and- conditions of the-Master 'Agreement and 'authorization
from City; and ' •
»
WHEREAS, for Engineer's fiscal year ending on September 25,
1981, a provisional billing overhead rate of 1.62 was established
on February 21, 1983, in Amendment 1 to Task Order No. 6; and
WHEREAS, in Engineer's monthly billings to City for services
authorized on a cost reimbursement basis, an interim billing overhead
rate of 1.50 has been used in calculating the indirect costs for
the fiscal year, September 26, 1981 through September 24, 1982; and
WHEREAS, in Engineer's monthly billings to City for services
authorized on a cost reimbursement basis, an interim billing overhead
rate of 1.58 has been used in calculating the indirect costs for
the period September 25, 1982 through November 26, 1982; and
WHEREAS^ in Engineer's monthly billings to City for services
authorized on a"~cost reimbursement basis, an interim billing overhead
rate of 1.65 has been used in calculating the indirect costs since
November 27, 1982; and
WHEREAS, in accordance with the provisions of the Master
Agreement, the United States Environmental Protection Agency (USEPA)
has approved final overhead rates for Engineer1* Fiscal Years (FY)
1980/81, 1981/82, and 1982/83; and
WHEREAS, Engineer has requested and city agrees toincrease the estimated cost ceiling for these engineering services
based on the final billing overhead rates; and
EXHIBIT
WHEREAS/ it is necessary to amend certain portions of Task
Order 9 to establish these new overhead rates.
NOW, THEREFORE, City and Engineer agree as follows:
1. In Article IV, Compensation of Task Order 9, add the
following:
In accordance with the applicable provisions of Exhibit "B"
of the Master Agreement, the following is a summary of the
interim, provisional and final USEPA approved overhead
rates:
Interim Provisional Final USEPA
billing billing approved
overhead overhead overhead
Period rate rate rate
September 27,1980
through 1.50 1.62 1.6239
.September 2S.,.1981 '..-.•.
' ' ' * .t .'• * '' ' \
September 26,1981
through 1.50 — 1.9020
September 24,1982
September 25,1982
through 1.58 — 1.8199
November 26,1982
November 27,1982
through 1.65 — 1.8199
September 30,1983
2. In Amendment 1 to Task Order 6, delete subparagraphs 2. a,
b and c and substitute the following:
a. Equipment Contracts 2, 5, 3/4 and 6 (Account 1016-270)
"Basis of compensation: Cost reimbursement
Estimated cost ceiling: $33,188
Fixed professional fee: § 4,632
b. Contracts 1 and 7/9 (Account 1016-240)
Basis of compensation: Cost reimbursement
Estimated cost ceiling: $137,970
Fixed professional fee: $19,286
~ c. Contract 8, (Account 1016-230)
Basis of compensation: Cost reimbursement
Estimated cost ceiling: $70,878
Fixed professional fee: $10,058
3. In Article IV, Compensation, in Task Order 9, delete
subparagraph d and substitute the following:
a. Contract 10/11, (Account 1016-250)
Basis of compensation: Cost reimbursement
Estimated cost ceiling: $1,108,237
Fixed professional fee: 139,011
4. This Amendment to Task Order 9 is effective on the date
it is executed by the City.
AND CALDWELL CITY OF VISTA
By
Date