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HomeMy WebLinkAbout1985-10-01; City Council; Resolution 8199. .? RESOLUTION NO. 8199 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE CARLSBAD AUTHORIZING EXECUTION OF THE THIRTIETH SUPPLEMENT TO THE BASIC AGREEMENT TO PROVIDE AUTHORITY TO THE CITY OF VISTA TO AMEND ITS CONTRACT WITH BROWN & CALDWELL FOR BASIC STEP 3 AND SPECIAL ENGINEERING SERVICES FOR PHASE 111 UPGRADING AND ENLARGEMENT OF THE ENCINA WATER POLLUTION CONTROL FACILITY WHEREAS, VISTA, CARLSBAD, LEUCADIA, BUENA, ENCINITAS, and SAN MARCOS are parties to a Joint Powers Agreement (Basic Agree- ment), which provides for the operation and maintenance of a joint sewer system commonly known as the ENCINA WATER POLLUTION CONTROL FACILITY (EWPCF); and WHEREAS, pursuant to the Seventh Supplement to the Basic Joint Powers Agreement, Phase a Upgrading and Enlargement of the ENCINA WATER POLLUTION CONTROL FACILITY is in progress and nearing completion; and WHEREAS, The City of Vista is the Administrator of said Phase a7: Upgrading and Enlargement by virtue of Section 2 of the Seventh Supplement to the Encina Joint Powers Basic Agreement; and WHEREAS, pursuant to prior approval of all members of the said Joint Powers, the City fo Vista has heretofore entered into a written agreement with Brown & Caldwell dated August 30, 1980, for the latter's Basic Step 3 and Special Engineering Services for Phase Ln Upgrading and Enlargement; and WHEREAS, pursuant to prior approval of all members of the Joint Powers, the said agreement has heretofore been amended three times; and , .. . WHEREAS, it has become necessary to effectuate a Fourth Amendment to said agreement with BROWN & CALDWELL by reason of provisions therein providing for 'I Interim and Provisional Billing Overhead Rates", and, adjustment of said rates upon approval thereof by the Environmental Protection Agency; and WHEREAS, The Environmental Protection Agency has issued its final approval for an Interim Billing Overhead Rate for the annual periods from September 30,1980 through September 30, 1983, and has approved a Provisional Overhead Rate for the period from September 27,1980 through September 25, 1981; and WHEREAS, the proposed amendments to the agreement with BROWN & CALDWELL have been considered by the Joint Advisory Committee to the Encina Joint Powers at a regular meeting thereof, and were unanimously approved by said committee; and WHEREAS, it is in the best interests of this City that its Mayor be authorized to execute the Thirtieth Supplement to the Basic Agreement authorizing the City of Vista to amend its agreement with BROWN & CALDWELL ; and WHEREAS, a copy of said Thirtieth Supplement and proposed amendments to the agreement with Brown & Caldwell are attached hereto and incorporated herein. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: -2- ., - 0 Section 1: That the Mayor of the City of Carlsbad be, and is, hereby authorized to execute the Thirtieth Supplement to the Basic Agreement, which supplement authorizes the City of Vista, as Administrator of Phase =Upgrading and Enlargement of the ENCINA WATER POLLUTION CONTROL FACILITY , to amend its agreement with Brown & Caldwell for Basic Step 3 and Special Engineering services. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council on the 1st day of October , 1985, by the following votes, to wit: AYES : 5 NOES 0 ABSENT : 0 I Mayor ATTEST : -3- THIRTIETH SUPPLEMENT TO BASIC AGREEMENT OF ENCINA JOINT POWERS AUTI-IORIZING VISTA SP-NITATION DISTRICT TO AMEND ITS CONTRACTS WITH BROWN AND CALDWELL FOR STEP 2 AND 3 ENGINEERING SERVICES,FOR PHASE I11 UPGRADING AND ENLARGEMENT OF THE ENCINA WATER POLLUTION CONTROL FACILITY This THIRTIE'l'H Supplement is made and entered into this day of , 1985, by and among: CITY OF VISTA, a General Law City (Vista); CITY OF CARLSBAD (CARLSBAD), a General Law City; SAN MARCOS COUNTY WATER DISTRICT (SAN MARCOS), 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. .. ... .. I .- . Recitais * .e 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 EWPCF. B. Construction of an expansion of Unit I of the EWPCF known as Phase I11 Upgrading and Enlargement is currently near completion which provids for an increase in capacity from 13.75 MGD to 18.0 MGD. C. VISTA is administrator of Phase I11 Upgrading and Enlargement by virtue of the Seventh Supplement to the "Basic Agreement. 'I D. On June 7, 1978, and August 29, 1980, respectively, VISTA, as administrator for the Encina Joint Powers for Phase I11 Upgrading and Enlargement, entered into a contract with Brown and *. I- Caldwell, wherein the latter agreed to furnish Step 2 and Step 3 Engineering Services, respectively, on a cost reimbursement basis, approved by the United States Environmental Protection Agency (USEPA), and wherein the interim overhead rate to be applied to the direct costs of Brown and Caldwell was agreed upon. E. The aforesaid agreements provided in part that during performance of the contract, the aforesaid interim overhead rate would be later modified subject to approval by the USEPA. F. The interim overhead rate of 1.50 has been superceded by the provisional rate of 1.62 approved by the Twenty-First Supplement to the Basic Agreement for the fiscal year September 27, 1980, through September 25, 1981. G, The interim ovenhsad rate of 1.50 has-been applied' to .. the Engineer's indirect cost for the fiscal' year of September 26, 1981, through September 27, 1982. H. An interim overhead rate of 1.58 has been used by the Engineer in calculating the indirect costs for the period from September 25, 1982, through November 26, 1982. I. An interim overhead rate of 1.65 has been used by the Engineer in calculating indirect costs since November 27, 1982. J. The USEPA has approved final overhead rates for Brawn and Caldwell in the percentages and for the years as follows: Fiscal Year 9-25-80 to 9-24-81 9-24-81 to 9-24-82 9-30-82 to 9-30-83 Rate - 162.39% 190.20% 181.99% -2- K. Brown and Caldwell have requested of VISTA that the latter amend its agreements with the former to reflect the changes from the provisional rates to final rates, where established, and to utilize the above-stated GPA approved final overhead rate for billing purposes for the fiscal years 1980/81, 1981/82, 19821'83. L. The Joint Advisory Committee to the Encina Joint Powers has approved each of the aforesaid requested amendments and has recommended to the said Encina Joint Powers that the agreements with Brown and Caldwell be amended to reflect such amendments. M. Copies of the proposed amendments to the agreements for Step 3 Engineering Services are attached hereto marked Exhibits IIAI8 and B ; and incorporated herein byereference.. . -. N. This Thirtieth Supplement to the "Basic Agreement" is made pursuant to the provisions of Article I, Chapter 5, Division 7, Title I, of the Goverment 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 far the Encina Joint Powers for Phase I11 Upgrading and Enlargement of the EWPCF, is authorized to execute each of the amendments, copies of which are attached hereto marked Exhibits "A" and I'B'' and are more specifically identified as follows: Exhibit "A": Amendment 4 to Agreement for Step 3 -3- Engineering Services Between Vista Sanitation District and Brown and Caldwell for Phase I11 Enlargement and Upgrading of the EWPCF Exhibit "B": Amendment 1 to Task Order No. 9 for Step 3 Engineering Services--Phase I11 Enlargement and Upgrading of the EWrCF 2. This agreement may be executed in counterparts and upon execution thereof by all parties set forth on page 1 hereof, shall be deemed to be an original. This supplement shall become effective on the last date that a counterpart hereof is executed by a party hereto. IN WITNESS WHEREOF, each party has caused this Thirtieth Supplement to the "Basic Agreement" to be signed by its respec- tive officials heretofore duly autkiorized by the' legislative body thereof. Approved by Resolution No. on , 1985. Attest: Jean Brooks, Clerk Approved by Resolution No. 8199 on CITY OF VISTA, BY CITY OF CARLSBAD, October 1 , 1985. -MARY H. C@LER, Mayor Approved by Resolution No. on , 1985. LEUCADIA COUNTY WATER DISTRICT -4- Approved by Reseion on No. , 1985. SAN MARCC()COUNTY WATER DISTRICT, Approved by Resolution No. on . 1985. Approved by Resolution No. on . 1985. BUENA SANITATION DISTRICT, ENCINITAS SANITARY DISTRICT, -5- i AMENDMENT 4 TO MASTER AGREEMENT FOR STEP 3 ENGINEERING SERVICES BETWEEN FOR CITY OF VISTA AND BROWN AND CALDWELL PHASE 111 ENLARGEMENT AND UPGRADING OF 'THE ENCINA WATER POLLUTION CONTROL FACILITY THIS AMENDMENT TO AGREEMENT made and entered into as of day of , 1984, by and between the City of Vis=, hereafter referred to as "City" or "Owner", and Brown and Caldwell, a California corporation authorized to provide consulting engineering services, hereafter referred to as "Engineer", .. . . WI TNESS ETH :. . . .'. '. . _.* .r .* . WHEREAS, City entered into a Step 3 engineering services agreement with the Engineer on August 29, 1980, for certain engineering services during construction of the Phase 1x1 Enlarge- ment and Upgrading of the Encina Water Pollution Control Facility (hereinafter referred to as the "Master Agreement"); and WHEREAS, the Master Agreement was amended on three separate occasions to increase the scope of work and the estimated total compensation; and WHEREAS, Engineers has billed City on a monthly basis for a compensation of engineering services provided in accordance with the terms and conditions of the Master Agreement and authcrization from City; and WHEREAS, in accordance with the provisions of Amendment 2 to the Master Agreement, dated February 14, 1983, the interim billing overhead rate of 1.50 has been superseded by the provisional billing overhead rate of 1.62 and the compensation for these engineering services has been adjusted accordingly for the fiscal year of September 27, 1980, through September 25, 1981; and authorized on a cost reimbursement basis, an interim billing overhead rate of 1.50 has been used in calculating the indirect costs for the fiscal year of September 26, 1981, through September 24, 1982; and WHEREAS, in Engineer's monthly billings to City for services Page 1 of 3 WHEREAS, in Engineer's monthly billings to City for services authorized on a cost reimbursement basis, an interim billing overhead rate of 1.58 has been used in calculating the indirect costs for the period September 25, 1982, through November 26, 1982; and WHEREAS, in Engineer's monthly billings to City for services authorized on a cost reimbursement basis, an interim billing overhead rate of 1.65 has been used in calculating the indirect costs since November 27, 1982; and WHEREAS, in accordance with the provisions of the Master Agreement, the United Stated Environmental Protection Agency (USEPA) has approved final overhead rates for Engineer's Fiscal Years (FYI 1980/81, 1981/82, and 1982/83; and Master Agreement to establish the above final overhead rates. .. WHEREAS, it is necessary to modify certain portions of the NOW, THEREFORE, City 'and' Engineer agree' as follows: 1. Add the following to Paragraph A.1.a. (21, Exhibit "B" of the Master Agreement: In accordance with the above provisions, the following is a summary of the interim, provisional and final USEPA approved overhead rates: Interim Provisional Final USEPA billing billing approved over he ad overhead overhead Period rate rate rate September 27, 1980 September 25, 1981 thro ug h 1.50 1.62 1.6239 September 26, 1981 September 24, 1982 through 1.50 September 25, 1982 November 26, 1982 through November 27, 1982 September 30, 1983 through 1.58 1.65 -- 1.9020 1.8199 1.8199 Page 2 of 3 IN WITNESS WHEREOF, City and Engineer have caused this Amendment to the Master Agreement to be executed the day and date first written above. ATTEST: CITY OF VISTA BY BY Approved by Resol ut ion No. BROWN LVD CALDWELL, a California Corporation on BY .. Page 3 of 3 AMENDMENT 1 TO TASK ORDER NO. 9 FOR STEP 3 ENGINEERING SERVICES PHASE I11 ENLARGEMENT AND UPGRADING THE ENCINA WATER POLLUTION CONTROL FACILIm OF THIS AMENDMENT TO TASK ORDER NO. 9 is made and entered into by and between the City of Vista, hereinafter referred to as "City" and Brown and Caldwell, hereinafter referred to as "Engineer" (. WITNESSETH: WHEREAS, on January 26, 1984, City authorized Engineer to proceed with certain work under Task Order No. 9; and WHEREAS, Engineer has billed City on a monthly basis for compensation of engineering services provided in accordance with . the terms and conditions of tHe-Master Agreement and 'authorization from City; and WHEREAS, for Engineer's fiscal year ending on September 25, 1981, a provisional billing overhead rate of 1.62 was established on February 21, 1983, in Amendment 1 to Task Order No. 6; and WHEREAS, in Engineer's monthly billings to City for services authorized on a cost reimbursement basis, an interim billinq overhead rate of 1.50 has been used in calculating the indirect costs for the fiscal year, September 26, 1981 through September 24, 1982; and WHEREAS, in Engineer's monthly billings to City for services authorized on a cost reimbursement basis, an interim billing overhead rate of 1.58 has been used in calculating the indirect costs for the period September 25, 1982 through November 26, 1982; and WHEREAS, in Engineer's monthly billings to City for services authorized on a cost reimbursement basis, an interim billing overhead rate of 1.65 has been used in calculating the indirect costs since November 27, 1982; and WHEREAS, in accordance with the provisions of the Master Agreement, the United States Environmental Protection Agency (USEPA) has approved final overhead rates for Engineer's Fiscal Years (FYI 1980/81, 1981/82, and i982/83; and WHEREAS, Engineer has requested and City agrees to increase the estimated cost ceiling for these engineering services based on the final billing overhead rates; and wE-0 it is necessary to amend certain portions of Tas Order 9 to establish these new overhead rates. NOW, THEREFORE, City and Engineer agree as follows: 1. a. I. 2. In Article IV, Compensation of Task Order 9, add the following: In accordance with the applicable provisions of Exhibit "B" of the Master Agreement, the following is a summary of the interim, provisional and final USEPA approved overhead rates : Interim Provisional Final USEPA billing billing approved overhead overhe ad overhead Period rate rate rate September 27,1980 September 25,1981 September' 26,1981 September 24,1982 through 1.50 through 1.50 September 25,1982 November 26,1982 through 1.58 November 27,1982 September 30,1983 through 1.65 1.62 1.6239 .. -- 1.9020 1.8199 1.8199 In Amendment 1 to Task Order 6, delete subparagraphs 2.a, b and c and substitute the following: a. Equipment Contracts 2, 5, 3/4 and 6 (Account 1016-270) Basis of compensation: Cost reimbursement Estimated cost ceiling: $33,188 Fixed professional fee: $ 4,632 b. Contracts 1 and 7/9 (Account 1016-240) Basis of compensation: Cost reimbursement Estimated cost ceiling: $137,970 Fixed professional fee: $19,286 3. 4. c. Contract 8, (Account 1016-230) Basis of compensation: Cost reimbursement Estimated cost ceiling: $70 , 878 Fixed professional fee: $10,058 In Article IV, Compensation, in Task Order 9, delete subparagraph d and substitute the following: a. Contract lO/ll, (Account 1016-250) Basis of compensation: Cost reimbursement Estimated cost ceiling: $1,108,237 Fixed professional fee: 139 , 011 This Amendment to Task Order 9 is effective on the date it is executed by the City. E.. .dN AND CALDWELL CITY OF VISTA .. - . . ... .. .. BY BY Date