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
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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:
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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
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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)
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