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HomeMy WebLinkAbout1991-12-03; City Council; 11457; AMENDMENT TO THE REVISED BASIC AGREEMENT FOR THE ENCINA PHASE IV EXPANSION AND RELATED PROJECTS. AB# il .?'< <g TITLE: AMENDMENT TO THE REVISED BASIC AGREEMENT FOR THE ENCINA PHASE IV EXPANSION AND RELATED PROJECTS MTG. \%-7 -('id DEPT. ENG DE CI1 CI1 ec I a 1l11 3 g a 3 .. z 0 4 - L < z 3 0 0 CITbOF CARLSBAD - AGENDQBILL z") ~ RECOMMENDED ACTION: Adopt Resolution No. q/ -98 AMENDING the Revised Basic Agreement t allocation of final project payments for Phase IV Expansion and related projec ITEM EXPLANATION: The current Revised Basic Agreement (RBA) for the Encina Water Pollution Conti (WPCF) outlines the ultimate Phase IV capacity ownership percentages as v estimated percentage for Phase IV payments due to construction of upgradec These estimated payment percentages have been used to collect funding f member agency to meet various Phase IV contractual obligations. Realizing i were computed by estimated percentages, a final adjustment must be perforr completion of the entire Phase IV expansion. The majority of the Phase IV project (increase in sewage treatment capabili completed on or before April 8, 1992. However, the overall Phase IV constructi be completed until all construction components are finished which includes E treatment odor control and the widening of Avenida Encinas. The attached resolution would establish a method for interim adjustments ir percentages which would allow member agencies to pay based on the resulting capacity that will be used following completion of the additional sewage facilities rather than waiting until the other construction components are comF each subsequent component is completed, a separate semi-final cost adjustm be requested to allow close-out or at least minimize Phase IV funding accounts cost allocations would be made once all construction Components are compl FISCAL IMPACT: There would be no net fiscal impact to the City although it would accelerate tt which lump sum adjustments would be made. EXHIBITS: 1. Resolution No. 9 I - 361 AMENDING the Revised Basic Agreement to F allocation of the final project payments for Phase IV expansion ar projects. P 1 December 12, 1991 Encina Administrative Agency 6200 Avenida Encinas Carlsbad, CA 92009 Attn: Melody Jones Re: Amendment to Basic Agreement for Encina Phase IV Expansion and Re1 Projects The Carlsbad City Council, at its meeting of December 3, 1991, adopted Resolt No. 91-381, approving the Revision to the Basic Agreement to provide allocation of final project payments for Phase IV expansion and related projc Enclosed for your records is a copy of Resolution No. 91-381. &* Assistant City Clerk Enc. I200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434: U / a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e (b RESOLUTION NO. 9 1 - 38 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBE CALIFORNIA AMENDING THE REVISED BASIC AGREEMENT TO PROVl FOR ALLOCATION OF FINAL PROJECT PAYMENTS FOR PHASE EXPANSION AND RELATED PROJECTS WHEREAS, the City Council of the City of Carlsbad, California is a p "Revised Basic Agreement for Ownership, Operation and Maintenance Sewage System" (RBA); and WHEREAS, under the RBA, the City of Carlsbad is required to make based upon its ownership of the Joint System; and WHEREAS, an adjustment in the schedule of payments is desirable equity among the parties to the RBA, and to take into consideration the extent of Phase IV Expansion projects' benefit to the City of Carlsbad; NOW, THEREFORE, BE IT RESOLVED by the City Council of 1 Carlsbad, as follows: Section 1. Section 18.2.1 of the Revised Basic Agreement shall be ar follows: "1 8.2.1 Phase IV Expansion. Phase IV contract expenses approvec EAA shall be paid once a month based on invoices from the contrac the design engineer, and the construction manager. The payments vary over the duration of the job. The Operator/ Administrator s notify the City's Financial Management Director of the amounts nee following receipt of each month's invoices. In addition, upon completion and acceptance by EAA of each of: (a) the Wes Summit/TIC construction contract project, and (b) the Phase IV ( control and associated facilities, and (c) again, upon completion acceptance of the Avenida Encinas Street widening project by the of Carlsbad per its contract with EAA, adjustments shall be calcul and paid in the manner set forth in Exhibit B, considering all Phas Expansion work completed to date or invoiced to the member agenc Upon completion and acceptance of all work authorized by EAA as of the Phase IV Expansion, a final adjustment shall be calculated paid in accordance with Exhibit 6." Section 2. The Mayor of the City of Carlsbad is hereby authorized and execute an agreement to the RBA as provided in this resolution. Such amendm I) ,/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 0 QI) effective as of the date it is executed by all the member agencies. Section 3. This resolution shall be forwarded to the EAA immediately adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Ci? held on the 3rd day of December, 1991 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Stanton NOES: None ABSENT: None dLL UDE A. L IS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk 1 (SEAL) I 27 28