Loading...
HomeMy WebLinkAbout1983-07-19; City Council; Resolution 7287RESOLUTION NO. 7287 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING PROVIDE AUTHORITY TO VISTA SANITATION DISTRICT TO AMEND ITS CONTRACT WITH BROWN & CALDWELL FOR FOR BASIC STEP 3 AND SPECIAL ENGINEERING SERVICES FOR PHASE I11 UPGRADING AND ENLARGEMENT OF THE ENCINA WATER POLLUTION CONTROL FACILITY. EXECUTION OF THE TWENTY-FOURTH SUPPLEMENT TO WHEREAS, VISTA SANITATION DISTRICT, LEUCADIA COUNTY WATER DISTRICT, SAN MARCOS COUNTY WATER DISTRICT, BUEPJA SANITATION DISTRICT, ENCINITAS SANITARY DISTRICT, and the CITY OF CARLSBAD are parties to a Joint Powers Agreement which provides for opera- tion and maintenance of a joint sewer system commonly known as the ENCINA WATER POLLUTION CONTROL FACILITY; and WHEREAS, pursuant to the Seventh Supplement to the Basic Joint Powers Agreement, Phase I11 Upgrading and Enlargenent of the ENCINA WATER POLLUTION CONTROL FACILITY is in progress; and WHEREAS, VISTA SANITATION DISTRICT is the Administrator of Phase I11 Upgrading and Enlargement of the ENCINA WATER POLLUTION CONTROL FACILITY, as required by Section 2 of the aforesaid Seventh Supplement to the Basic Agreement; and WHEREAS, pursuant to prior approval of all members of the Joint Powers, VISTA SANITATION DISTRICT has heretofore entered into a written contract with BROWN & CALDWELL dated August 29, 1980, for the latter's Basic Step 3 and Special Engineering Services for the Phase I11 Upgrading and Enlargement; and WHEREAS, pursuant to prior approval of all members of the Joint Powers, the said contract has been heretofore amended *- twice; and WHEREAS, it has become necessary to effectuate a Third Amend- ment to said contract with BROWN & CALDWELL by reason of the necessity to extend the time for completion of construction of said Phase 111 and thereby increase the scope of services here- tofore agreed by said firm to be performed, and further by reason of the necessity to provide for future adjustments of the over- head rate to be approved by the EPA as provided in said contract; and WHEREAS, on June 22, 1983, the proposed Third Amendment to .the contract with BROWN & CALDWELL was considered by the Joint Advisory Committee to the Joint Powers at a regular meeting thereof, and was unanimously approved by said committee; and WHEREAS, it is in the best interest of this City that its Mayor be authorized to execute the Twenty-Focrth Supplement to the Basic Agreement authorizing VISTA SANITATION DISTRICT to amend its contract between said City and BROWN G CALDWELL, a copy of which is attached hereto and incorporated herein. NOW, THEREFORE, BE IT RESOLVED by the Mayor of the CITY OF CARLSBAD as follows: Section 1: That the Mayor of the CITY OF CARLSBAD be, and is hereby, authorized to execute the Twenty-Fourth Supplement to the Basic Agreement, which supple- ment authorizes VISTA SANITATION DISTRICT, as administrator of Phase I11 Upgrading and Enlarge- ment of the ENCINA WATER POLLUTION CONTROL FACILITY, to amend its contract with BROWN & CALDWELL for Basic Step 3 and Special Engineering Services. i- -2- 2 d ..,. ,.~." .__...._ -.. ". , -~ _I_.._- .. .,,. , ..,... -i ...- r..-..*l..-.-..." - ,.... ,._ ,. , . .. ._ - . . . . __ . . . .. . , PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the CITY OF CARLSBAD on the 19th day of July , 1983, by the following votes, to wit: AYES: 4 NOES: 0 ABSENT: 1 ATTEST : NZ F?ARY p. CASLER, Mayor .. -3- TWENTY-FOURTH SUPPLEMENT TO BASIC AGREEMENT OF ENCTNA JOINT POWERS AUTHORIZING VISTA SANITATION DISTRICT TO AMEND ITS CONTRACT ‘WITH BROWN AND CALDWELL FOR STEP 3 ENGINEERING SERVICES FOR PHASE 111 UPGRADING AND ENLARGEMENT OF THE ENCINA WATER POLLUTION CONTROL FACILITY This Twenty-Fourth Supplement is made and entered into this day of , 1983, by and among: VISTA SANITATION DISTRICT (VISTA), a County Sanitation District; CITY OF CARL’SBAD (CARLSBAD), a General Law City; SAN MARCOS COUNTY WATER DISTRICT (SAN I.IARCOS), a County Water District; BUENA SANITATION DISTRICT (BUENA), a County Sanitation District; LEUCADIA COUNTY WATER DISTRICT (LEUCADIA), a County Water District; and ENCINITAS SANITARY DISTRICT (ENCINITAS), a Sanitary District. Recitals - A. VISTA,. CARLSBAD, BUENA, SAN ‘MARCOS, LEUCADIA, and ENCINITAS own and operate the ENCINA WATER POLLUTION CONTROL FACILITY and OCEAN OUTFALL (and related facilities), hereinafter referred to as ElnlPCF. B. An expansion of Unit I of the EWPCF known as Phase 111 Upgrading and Enlargement is currently under construction provid- ing for an increase in capacity from 13.75 MGD to 18.0 MGD. C. VISTA is administrator of Phase 111 Upgrading and Enlargement by virtue of the Seventh Supplement to the “Basic .a Agreernent . ‘I ~ D. On August 29, 1980, Vista, as administrator for the Ericina Joint Powers for Phase I11 Upgpading and Enlargement, enter.ed into a contract; (Master Agreement) with Brown and .. . 6 e L.. Caldwell, wherein th latter agreed to furnish Basic Step 3 Engineering Services and Special Engineering Services during construction of Phase 111 Upgrading and En'largement of the EWPCF, E, Said Master Agreement provided a preliminary estimate in ..I the amount of $880,000 for said Basic Step 3 Engineering Services, and a preliminary estimate of $75,000 for Special Engineering Services during Phase 111 Upgrading and Enlargement. . F. The blaster Agreement further provided that any in the preliminary estimate for Basic Step 3 and . Engineering Services must be made by an amendment . aforesaid Master Agreement. increase Special to the GI By virtue of increased scoFe of work required of Brown and Caldwell, and adjustments of overhead rates as approved by the Environmental Protection Agency, the Master Agreement has been amended pursuant: to authority of the Encina Joint powers contained in preliminary $1,287,500. H. The construction 1. By .- - Supplements to the Basic Agreement whereby the estimate of- $880,000 has been increased aforesaid preliminary estimate was predicated said to upon of: Phase 111 being completed prior to June 30, 1983. virtue of the completion date for said phase 111 .. having been extended past June 30, and the need for addi- tional Basic Step 3 Engineering Services -and Special Engineering Services during the extension period, and the need to provide for future overhead rate .. adjustment accordirlg to EPA guidelines , Brown and Caldwell has requested an amendment to its Mastet- Agreement rvliereby the estimated total fbr Basic Step 3 Enyineer- ing Services be increased from 91,287,500 to $l,SSi,oOO, and 1983, ' -2- *. +. 0 the estimate for Special Engineeering Servicesloe increased from $75,000 to $100,000. J.' The Joint Advisory Committeee to the Encina Joint Powers. has approved the aforesaid requested amendments and ~ has recommended to the said Encina Joint Powers that the Master Agreement with Brown and Caldwell be amended to reflect such amendment. L- K. This Twenty-Fourth Supplement to tne "Basic Agreement" is made pursuant to the provisions'of Article I, Chapter 5, Division 7, Title I, 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;. in this case, being all of theparties hereto which are authorized to contract with the others pursuant to the aforesaid provisions. ... - NOW, THEREFORE, the parties hereto agree as follows: 1. VISTA,.as administrator for the Encina Joint Powers for Phase I11 Upgrading and Enlargement of the EWPCF, is authorized to execute Amendment No. 3 to Master Agreement for Step 3 Engineering Services between Vista and Brown and Caldwell for Phase I11 Upgrading and Enlargement, a copy of which is attached hereto marked Exhibit "A" and ikorporated herein by reference. 2. This agreement may be executed .in counterparts and upon '. execution thereof by all parties set forth on page 1 hereof, This supplement shall become on the last-date that a counterpart. hereof is executed shall be deemed to be an " original. effective by a party hereto. . IN WITNESS WHEREOF, each party has caused this Twenty-Fourth respec- Supplement to the "Basic Agreement" to .be signed by its tive officials heretofore duly authorized by the legislative body thereof. Approved by Resolution No. on VISTA SANITATION DISTRICT, , 1983. Attest: BY Jean Brooks, Clerk Approved by Resolution No, 7287 on . July 19, , 1983. - * Approved by Resolution on I_ No. , 1983. Approved by Resolution No. on , 1983. __I Approved by Resolution No. on .. , 1983. " Approved by Resolution No * . on CiTY OF CARLSBAD, MARY H. @LER, flayor LEUCADIA COUNTY WATER D~STRICT . . BY SAN MAHCOS COUNTY WATER DISTRICT, BY RUENA SANITATION DISTRICT, ENCINI-TAS SANITARY DISTRICT, , 1983. -I+-- i - 0 AMENDl4ENT NO. 3 TO MASTER AGREEMENT FOR STEP 3 ENGINEERING SERVICES VISTA SANiTATION DISTRICT AND BROWN AND CALDWELL BETWEEN FOR PHASE III ENLARGEMENT AND UPGRADING OF &. THE ENCINA WATER POLLUTION CONTROL FACILITY day of 1983, by and between the Vista . Sanitation District, hereafter referred to as "District" or "Owner", and Brown and Caldwell, a California corporation authorized to provide consulting engineering Services, hereafter referred to as "Engineer." WITNESSETH: WHEREAS, the District and Engineer have entered into an ' 'Agreement on August 29, 1980, for certain Step 3 Engineering Services for the Phase I11 Enlargement and. Upgrading of the Encina Water +Pollution Control Facility (hereinafter referred to as the "Master Agreement") ; and increase the scope of 'work and the estimated total compensation; and WHEREAS, the Master Agreement was amended by Amendment 1 to WHEREAS, the Master Agreement was amended by Amen&&nt 2 to establish the Engineer's final USEPA approved overhead rate for fiscal year 1979/80 and a provisional billing overhead rate for fiscal year 1980/81 and to increase the gstimated total compensation; and WHEREAS, the time of construction of the'Phase 111 Enlargement and Upgrading of the Encina Water Pollution Control Facility has been extended; and has been greater than anticipated and therefore it is necessary to increase the estimated total compensation; and WHEREAS, approximately two thirds of the allowance for unforeseen incidental engineering work related to the project and not covered in Exhibit "A" of the Master Agreement and classified as .Special Step 3 Engineering Services has been utilized and therefore it is appropriate to increase the allowance; and WHEREAS,' the extent of the work required of the Engineer -0 WHEREAS certain -Basic Step 3 'Engineering Services, especially Subtask 10, Preparation of Operations and Maintenance Manual, and Subtask 11, Start-up Services Program, as described in Part B of Exhibit "A" of the Master Agreement have been scheduled for completion after the completibxa. of construction; . and WHEREAS, it is necessary to modify the time limitation of the Master Agreement to accommodate the above extended construction activities. t": . ..I NOW, THEREFORE ,astrict and Engineer agr @ as follows : 1. In Paragraph C.1. of Exhibit "B" of the Master Agreement, change the estimated total compensation from $1,287,500 to $1,55I,OOO. Delete the following sentence in Paragraph C.l. of E*ibit "B" of the Master Agreement: "It is based on the construction period being completed prior to June 30, 1983," and substitute: "It is based on the Engineer's services being completed prior to July 27, 1984," In Paragraph C.2 of Exhibit "B" of the Master Agreement, change the allowance for special engineering services from $75,000 to $100,000. '2. ' 3. I. 4. All other provisions of this Master Agreement bekween District and Engineer shall remain in full force and effect. IN WITNESS WHEREOF, District and 'Engineer have caused this .Amendment to the Master Agreement to be executed the day and date first written above. ATTEST: VISTA SANITATION DISTRICT BY BY . .