HomeMy WebLinkAbout1986-10-14; City Council; 7158-12; Thirty-Second Supplement to the Encina Basic AgreementCIlCoF CARLSBAD - AGENDQBILL
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THIRTY SECOND SUPPLEMENT TO THE ENCINA
BASIC AGREEMENT
DEPT. HD.__
CITY ATTY\lfo
CITY MGR..
RECOMMENDED ACTION:
Approve Resolution No.authorizing the Mayor to execute the
thirty-second supplement to the Basic Agreement for the Encina Water Pollution
Control Facility.
ITEM EXPLANATION;
The six member agencies of the Encina Water Pollution Control Facility appointed
the City of Vista as the lead agency for the construction of Phase III and IIIA
of the facility. Vista retained Lowery & Associates as the Construction Manager
with a ceiling for their services of $2,452,696.00. Additional services were
requested and performed in the amount of $71,956.00 by Lowery. This supplement
increases the ceiling by this amount to $2,524,652.00. This is the close-out
payment to Lowery.
FISCAL IMPACT;
The City of Vista holds all funds relating to the Phase III & IIIA construction
in a trust account. This payment will come from that fund. The city has
approximately $533,000 remaining in the trust account. Remaining funds will
be returned to the city after the final close out of all contracts and the
project audit is complete. The project audit is underway by EPA and should
be complete by the end of this fiscal year.
EXHIBITS;
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1. Resolution No.
2. Thirty-Second Supplement to the
Encina Basic Agreement.
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RESOLUTION NO. 8846
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
OF CARLSBAD AUTHORIZING THE CITY OF VISTA, AS
ADMINISTRATOR OF THE ENCINA JOINT POWERS FOR
PHASE III UPGRADING & ENLARGEMENT OF THE EWPCF,
TO EXECUTE AN AMENDMENT TO THE MASTER AGREEMENT
WITH LOWRY AND ASSOCIATES FOR CONSTRUCTION MAN-
AGEMENT SERVICES TO INCREASE THE COST CEILING
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CARLSBAD
AS FOLLOWS:
1. That the CITY OF CARLSBAD hereby approves and agrees to
the Thirty-Second Supplement to the Basic Agreement authorizing
the CITY OF VISTA, as Administrator of the Encina Joint Powers
for Phase III Upgrading and Enlargement of the Encina Water
Pollution Control Facility (EWPCF), to amend its Master Agreement
with Lowry and Associates providing for construction management
services. A copy of said Thirty-Second Supplement is attached
hereto and incorporated herein by reference.
2. That the Mayor of this City be, and is hereby, authorized
to execute the Thirty-Second Supplement to the Basic Agreement on
behalf of the CITY OF CARLSBAD.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
City Council on the 14th day of October / 1986, by the
following votes, to wit:
AYES; 5 NOES; n ABSENT; Q
ATTEST:
City Cletk
THIRTY-SECOND SUPPLEMENT TO BASIC AGREEMENT OF
THE ENCINA JOINT POWERS AUTHORIZING THE CITY OF
VISTA TO AMEND ITS CONTRACT WITH LOWRY AND ASSO-
CIATES FOR CONSTRUCTION MANAGEMENT SERVICES RE
PHASE III UPGRADING & ENLARGEMENT OF THE EWPCF
This Thirty-Second Supplement is made and entered into this
day of , 1986, by and between the CITY OF
CARLSBAD, a Municipal Corporation (hereafter "CARLSBAD"), CITY OF
VISTA, a Municipal Corporation (hereafter "VISTA"), BUENA SANITA-
TION DISTRICT, a County Sanitation District (hereafter "BUENA"),
SAN MARCOS COUNTY WATER DISTRICT, a County Water District (here-
after "SAN MARCOS"), LEUCADIA COUNTY WATER DISTRICT, a County
Water District (hereafter "LEUCADIA"), and ENCINITAS SANITARY
DISTRICT, a Sanitary District (hereafter "ENCINITAS").
Recitals
A. VISTA, CARLSBAD, BUENA, ENCINITAS, LEUCADIA, and SAN
MARCOS own and operate a joint sewer system commonly known as the
ENCINA WATER POLLUTION CONTROL FACILITY (hereinafter "EWPCF").
B. VISTA is administrator of Phase III Upgrading and
Enlargement by virtue of the Seventh Supplement to the Basic
Agreement and by virtue of VISTA being the successor in interest
to the VISTA SANITATION DISTRICT, which district has been
dissolved.
C. The Ninth Supplement to the Basic Agreement authorized
VISTA to enter into a contract with Lowry and Associates wherein
and whereby the latter agreed to perform certain construction
management services for Phase III Upgrading and Enlargement.
D. The Fourteenth Supplement to the Basic Agreement author-
ized VISTA to amend its Master Agreement with Lowry and Asso-
ciates to provide for critical path services and to increase the
estimated cost ceiling set forth in the said Master Agreement.
E. By virtue of the Second and Third Amendments to said
Master Agreement, the estimated cost ceiling for the services of
Lowry and Associates, including critical path services, was
established as $2,304,127.00.
F. Contract 10/11 of Phase III Upgrading and Enlargement
was amended by change order to provide for the installation of a
blending by-pass line to be utilized in the event a waiver of
secondary treatment is granted by the EPA to EWPCF.
G. By reason of said amendment to Contract 10/11, the time
for completion of said contract was extended and such extension
required the services of Lowry and Associates for a period of
time longer than contemplated by the Encina Joint Powers and
Lowry and Associates at execution of the Master Agreement with
Lowry and Associates on February 7, 1979.
H. By virtue of the aforesaid additional services, the
Twenty-Third Supplement to the Basic Agreement was executed by
all parties herein, whereby a new estimated cost ceiling for
Lowry and Associates, for the latter's additional services, was
increased from $2,304,127.00 to $2,452,696.00, or an increase of
$148,569.00, and an amendment to the Master Agreement with Lowry
and Associates was executed reflecting said increase.
I. That during construction of Phase III Upgrading and
Enlargement, services were requested of Lowry and Associates by
the Encina Joint Powers in addition to those contained in the
Master Agreement with Lowry and Associates and the amendments
thereto, the price for which was negotiated and agreed upon prior
to performance thereof by Lowry and Associates.
J. Lowry and Associates has performed all of such addi-
tional services and the price therefor agreed to be paid was, and
is, the sum of $71,956.00.
K. By reason of the aforesaid increase and a provision in
the aforesaid Master Agreement with Lowry and Associates re-
quiring approval of any increase by all members of the Encina
Joint Powers, it is necessary to authorize an increase in the
ceiling for the services of Lowry and Associates from
$2,452,696.00 to $2,524,652.00, and that a Fifth Amendment to the
Master Agreement be executed by Lowry and Associates and VISTA
reflecting such increase.
L. At a regular meeting on July 23, 1986, of the Joint
Advisory Committee to the Encina Joint Powers, said proposed
increase and amendment were unanimously approved.
M. This Thirty-Second Supplement to the Basic Agreement is
made pursuant to the provisions of Article I, Chapter 5, Division
7, Title 1, 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, each of which is authorized
to contract with the others pursuant thereto.
N. It is for the best interests of the Encina Joint Powers
that VISTA be authorized to execute an amendment to the Master
Agreement with Lowry and Associates that reflects the aforesaid
increase.
NOW, THEREFORE, the parties hereto agree as follows:
1. That VISTA be, and is hereby, authorized to execute an
amendment to its Master Agreement with Lowry and Associates
whereby the ceiling for the services of Lowry and Associates is
increased from $2,452,696.00 to $2,524,652.00.
2. The parties hereto agree that any of the costs required
for the additional services of Lowry and Associates as stated
above herein which are in excess of the grant to be received by
the parties from the EPA for Phase III Upgrading and Enlargement
shall be shared in the same proportions as provided in Section 4
of the Seventh Supplement to the Basic Agreement.
3. This Supplement may be executed in counterparts, and
upon execution thereof by all the parties set forth on Page 1
hereof, each such counterpart shall be deemed to be an original.
IN WITNESS WHEREOF, each party hereto has caused this
Thirty-Second Supplement to be signed by its respective officials
heretofore duly authorized by the legislative bodies thereof.
Approved by Resolution CITY OF VISTA,
No. on
, 1986.
BY:
Mayor
Approved by Resolution CITY OF CARLSBAD,
No. 8846 on
October 14 , 1986. ,
,' ABY:
Mayor
Approved by Resolution
No. on
, 1986
Approved by Resolution
No. on
, 1986.
Approved by Resolution
No. on
, 1986.
LEUCADIA COUNTY WATER DISTRICT,
BY:
President
BY:
Secretary
SAN MARCOS COUNTY WATER DISTRICT,
BY:
President
BY:
Secretary
BUENA SANITATION DISTRICT,
BY:
President
BY:
Secretary
Approved by Resolution
No. on
, 1986.
ENCINITAS SANITARY DISTRICT,
BY:
President
BY:
Secretary