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Home My WebLink About1983-06-21; City Council; Resolution 7246RESOLUTION NO. 7246 A RESOLUTION OF CITY OF CARLSBAD AUTHORIZING THE VISTA SANITATION DISTRICTy AS ADMINISTRATOR OF THE ENCINA JOINT POWERS FOR PHASE I11 UPGRADING AND ENLARGEMENT OF THE EWPCF, TO EXECUTE AMENDMENTS TO THE MASTER AGREEMENT WITH LOWRY AND ASSOCIATES FOR CONSTRUCTION MANAGEMENT SERVICES BE IT RESOLVED BY THE CITY OF CARLSBAD AS FOLLOWS: 1. That the CITY OF CARLSBAD hereby approves and agrees to the Twenty-Third Supplement to the Basic Agreement to authorize the Vista Sanitation District, as Administrator of the Encina Joint Powers for Phase I11 Upgrading and Enlargement of the Encina Water Pollution Control Facility (EWPCF), to amend its Master Agreement with Lowry and Associates providing for con- struction management services, a copy of said Supplement is attached hereto and incorporated herein by reference. 2. That the Mayor of said city be, and is hereby, author- ized and directed to execute the Twenty-Third Supplement to the Basic Agreement on behalf of the CITY OF CARLSBAD. PASSED, APPROVEDy AND ADOPTED by the CITY OF CARLSBAD at a regular meeting held on the ~1st day of June, 1983, by the following vote, to wit: 5 Ayes 0 Noes 0 Absent ATTEST : 3 L J 'rwwv-w I RD SUPPLEMENT TO BAS IC AGKEEMENT OF EhCIHA JOINT PO'YJERS AUTHORIZING VISTA SANITATION DISTKIC'T TO AMEND ITS CONTRACT WITH LOWKY ti ASSOCIATES AS CONSTRUCTIOE MANAGER OF PHASE 111 UPGRADING AND ENLARGE- YEW OF ENCIKA WATER mLLu"m CONTROL FACILITY This Twenty-Third Supplement is made and entered into this day of June, 1983, by and among: VISTA SANITATION DISTRICT (Vista), a County Sanitation District; BUEXA SANITATION DISTRICT (Buena), a County Sanitation District; SAN MARCOS COUNTY WATER DISTRICT (San Marcos), a County Water District; CITY OF CARLSBAD (Carlsbad), a General Law City; LEUCADIA COUNTY WATER DISTRICT (Leucadia), a County Water District; and ENCINITAS SANITARY DISTRICT (Encinitasl, a Sanitary District. Kecitals A. The pairties hereto named above own and operate a joint sewer system conmon1.y known as the ENCI3A N'ATEK POLLUTION CONTROL FACLLTTY, hereafter refer:-ed to as EWPCF. B. The parties hereto own and operate the aforesaid facilities pursuant to a joint powcrs agreement: dated July 13, 3961, referred to here;. .is the bsic Agreement, which Agreement has 3321-1 supplemented and n-,endeci. C. By virtue of the Seventh Supplemnt to The Basic Agree- ment, VISTA is the Administrator for Phase 111 Upgrading and EnLargemenc on behalf o; Chc E1icin:l .Joint Powers, constituted by the parties hereto. r_ 11, the 5eventh St!!);>len,ent t '1 the Basic Agreement authorized the capacity therein xould be increased from 13.75 NGD to 18.0 ?IGD, and the Yineteenth Supplement to said Agreement authorized a further enlargement of Unit I, known as Phase IIIA, whereby the capacity would be increased from 18.0 MGD to 22.5 MGD. All of said enlargement and upgrading is currently in progress, E. Thi: Ninth Supplement to the Basic Agreement authorized Vista to enter into a contract with Lowry atid Associates wherein and whereby the latter agreed to perform cmistruction management services for Phase 111 Upgrading and Enlargement, F. The F,-urteenth Supplement to %sic Agreement authorized Vista to amend its Nastcr Agreement with Lowry and Associates to provide for critical path services and to increase the estimated ccst ceiling set forth in the said ''dster Agreement. G. By virtue of the Second and Third amendments to said Yaster Agreement, the estimated cos~ ceiling for the services of Lowry and Associates, including critical path services, is presently established as $2,304,127.00. .- tt . Contract lO/ll of Phase 111 Upgrading and Enlargement has been amndecl by cnange order to provide for the installation of a blending by-pass Line co bk- utilized in the event a waiver of seccntlnry treatment is granted by the EPA to the EWPCF. Installation of saic: by-pass Line is presently in progress. I. By ~t7ak;on of ctie said aaezdment to Contract lO/ll, the Lixc? for completion of said contrac': has been extended, and such extensim requires Cne services of Lowry and Associates €or a period of ti.;-::<] Longer tk:;:;L c-:;:?r.ezplated by the Encina Joint Powers and towry and Associrltes a~ execution of the Master 4. The Encina .loir,t Powers, by and through the manager of the ECJPCF, has negotiated a new estsimated cost ceiling with Lowry and Associates for the latter's additional services, which increases the cost ceiling from $2,304,127.00 to $2,452,696.00, or an increase of $148,569.00. K. By reason of the aforesaid increase and a provision in the said Master Agreement with Lcmry and Associates requiring approval of such increase by all members of the Encina Joint Powers, it is necessary Co amend the Master Agreement with Lowry and Associates and to authorize Amendment No. 9 to Task Order No. 2 for Construction Management Services, copies of which are attached hereto marked Exhibits "A" and 'tB'' , respectively, and incorporated herein by reference. The said proposed amendnients are in accordance with Title 40 of the Co::e of Federal Regulations, Part 35, as pub- lished in che Federal Register of December 17, 1975, ,-- L. M. The proposed amendmTnts will be submitted to the EPA for approval before Vista shall execute same. N. At a replar meeting on Hay 25, 1983, of the Joint Advisory Conmittee to the Encina Joint Powers, said proposed amendments were unanimously ap;'roveci. 0. This Twenty-Thlrd Suppleizent to the Basic Agreement is made pursuant to the provisions of Artic!e I, Chapter 5, Division 7, Title I of the Government C0c.e of the State of California !commencing with Section 6500) relating to the joint exercise of powers COTnmGn io al? pubiic ag:cn\:ic3, each of which i.s authorized to contrac ..:ith rIie c~'~21-b pursmnt thereto. e P. It is for the best interests of all the Encina Joint Powers that Vista be authorized to execute the said amendments attached hereto marked Exhibits "A" and "3." NOW, THEREFORE, the parties hereto agree as follows: 1. That upon the approval by the EPA of the amendments attached hereto, the Board of Directors of Vista be, and is hereby, authorized LO execute same as the Administrator of Phase i 11 Upgrading and EnlargenenC. 2. The parties hereto agree that the costs required for the additional services of Lowry and Associates as provided for in Amendment No. 4 to che Master Agreement with said firm and by reason of Amendment KO. 9 to Task Order No. 2, which are in excess of the grant to be received hy the parties from the EPA for Phase ITS Upgrading and Enlargement shall be shared in the same proportions as provided in Seccion 4 of the Seventh Supple- ment to the Basic Agreement. 3. This Agreement may be executed in counterparts, and upon execution thereo€ by all oE the parties set forth on page 1 hereof, each counterpart shall be deemed an original execution of this Agreement. IN WITNESS WHEREOF, each party hereto %as caused chis Twenty- Third Suppleslent ZO che Basic Ac-i-cement: to be signed by its respective oif:ci,i~s heretofore duly authorized by the legisla- t .i. L' I: bod i :: s the re i? f . Appro vcd by Re s o 1 ~i t i on KO. I_ 0 n .-__I_ VISTA SANITATION DISTRICT, By : C ha I rma n Approved by Kesolution I\i0* 7246 on June 21, 1983 Approved by Board Order No. on Approved by Kesolution No. on Approved by KesolurFon No. Cn Approved by Resolution KO. on CITY OF CARLSBAD, ayor BUENA SANITATION DISTRICT, By: ENCINXTAS SANITARY DISTRICT, By: President By: Secretary LEUCADIA COUNTY WATER DISTRICT BY: President I .. By: Secretary SAP4 MARCOS COUNTY WATER DISTRICT I By: President By : Secretary