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HomeMy WebLinkAbout1986-10-14; City Council; 7158-12; Thirty-Second Supplement to the Encina Basic AgreementCIlCoF CARLSBAD - AGENDQBILL AB#_ MTG.10-14-86 DFPT 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; oLU Oo:a.D- O | O 1. Resolution No. 2. Thirty-Second Supplement to the Encina Basic Agreement. OO 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