2026-08-19 Item 10C Sewer NOC for San Elijo Manhole Emergency — Encinitas City Council, August 19, 2026

AGENDA REPORT
City Council

MEETING
DATE:

August 19, 2026

PREPARED
BY:

Elmer Alex,
Principal Engineer

DEPARTMENT
DIRECTOR:

Isam Hireish
DEPARTMENT: Utilities CITY
MANAGER:

Jennifer Campbell
SUBJECT:

Acceptance of the Emergency Replacement of Sewer Manhole at 2524 San Elijo Ave (Project CC26D).

RECOMMENDED ACTION:

Staff recommend that City Council take the following actions:

1. Authorize the filing of the Notice of Completion for the subject project. (Attachment 1).

2. Adopt City Council Resolution No. 2026-56 titled “A Resolution of the City Council of the City of Encinitas, California, Accepting the Public Improvements for the Emergency Replacement of Sewer Manhole at 2524 San Elijo Ave (Project CC26D).” ENVIRONMENTAL CONSIDERATIONS:

The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The action is also exempt from CEQA under Section 15378(b)(5) of the CEQA Guidelines because it involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.”
This item does not relate to the Climate Action Plan.

GENERAL PLAN/CITY COUNCIL FOCUS AREAS:

This action aligns with the goal of Effective and Reliable City Services, Infrastructure, and Communications of the FY 2025-26 City Council Focus Areas by providing wastewater management through well-maintained infrastructure.
2026-08-19 Item #10C Page 1 of 52
FISCAL CONSIDERATIONS:

There is no direct fiscal impact with this recommendation. Payment was previously authorized by the City Council on June 17, 2026 and the budget amended under Resolution No. 2026-51, “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2025- 26 Budget”.

BACKGROUND:

On April 8, 2026, the City Council authorized the emergency repairs to the sewer manhole at 2524 San Elijo Ave through an Emergency Declaration. Additionally, the City Council adopted Resolution No. 2026-30 authorizing staff to immediately procure the necessary services from Burtech Pipeline Incorporated (“Burtech”), the City’s sewer emergency contractor. That service included the inspection and repair to the sewer manhole at 2524 Sewer Elijo Ave to avoid collapse of the manhole and a possible sanitary sewer overflow (Attachment 3).

On June 17, 2026, the City Council authorized payment and adopted Resolution No. 2026-51 to amend the budget and execute an amendment to the City’s contract with Burtech to incorporate the costs to replace the sewer manhole at 2524 San Elijo Ave (Attachment 4).

ANALYSIS:

The project has been completed in accordance with the specifications and requirements of the Engineering Design Manual. The project is ready to be accepted by the City Council and the Notice of Completion must be filed timely. Following acceptance of the project, a Notice of Completion will be filed with the Office of the Recorder for the County of San Diego to publicly notify completion of the project.

ATTACHMENTS:

1. Notice of Completion for the Emergency Replacement of Sewer Manhole at 2524 San Elijo Ave (Project CC26D).

2. Resolution No. 2026-56 titled “A Resolution of the City Council of the City of Encinitas, California, Accepting the Public Improvements for the Emergency Replacement of Sewer Manhole at 2524 San Elijo Ave (Project CC26D).”

3. April 8, 2026 Emergency Declaration City Council Staff Report.

4. June 17, 2026 Completion of Emergency City Council Staff Report. 2026-08-19 Item #10C Page 2 of 52
RECORDING REQUESTED BY:

City of Encinitas
WHEN RECORDED MAIL TO:

City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
Attn: City Clerk
Fee Exempt: Government Code Section 27383

NOTICE OF COMPLETION
NOTICE IS HERBY GIVEN THAT:

The City of Encinitas, a municipal corporation, is the owner of public improvements known as Emergency Replacement of Sewer Manhole at 2524 San Elijo Ave (Project CC26D).

The City’s address is 505 South Vulcan Avenue, Encinitas, California 92024.

The public improvements described above are located at 2524 San Elijo Ave, Encinitas, California 92024.

On April 8, 2026, the City Council authorized emergency services from Burtech Pipeline Incorporated, 1235 Pipeline Drive, Vista, California, 92081.

Work under this contract was completed on or about June 17, 2026, to the satisfaction of the City of Encinitas and was accepted by the City of Encinitas.

City of Encinitas, owner in fee
City of Encinitas, Director of Utilities
Isam Hireish, Director of Utilities
Dated: August 19, 2026

VERIFICATION OF BOARD CLERK
I, the undersigned, state that I have read the foregoing Notice of Completion and know the contents thereof. I am the City Clerk of the City of Encinitas and I am authorized to make this verification for and on its behalf. I declare under penalty or perjury under the laws of the State of California that the foregoing is true and correct.

Executed at Encinitas, California this August 19, 2026.

City of Encinitas, City Clerk
Peter Weichers, City Clerk
2026-08-19 Item #10C Page 3 of 52
RESOLUTION 2026-56

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA,

ACCEPETING THE PUBLIC IMPROVEMENTS FOR THE EMERGENCY REPLACEMENT OF SEWER MANHOLE AT 2524 SAN ELIJO AVE (PROJECT CC26D)
WHEREAS, the City Council accept public improvements projects for the City of Encinitas (“City”); and
WHEREAS, on April 8, 2026, the City Council authorized emergency repairs to the sewer manhole at 2524 San Elijo Ave by the City’s sewer emergency contractor, Burtech Pipeline Incorporated (“Contractor”); and
WHEREAS, a review has determined that the Contractor completed said public improvements to the satisfaction of the City; and
WHEREAS, no additional work remains to be done; and
WHEREAS, the City Council desires to:

A. Accept the public improvements to the satisfaction of the City in accordance with the requirements of the Utilities Department.

B. Direct the City Clerk to file a Notice of Completion dated August 19, 2026, with the Office of the San Diego County Recorder.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Encinitas, California, that the foregoing recitals are true and correct, and the public improvements for the Emergency Replacement of Sewer Manhole at 2524 San Elijo Ave are accepted.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The action is also exempt from CEQA under Section 15378(b)(5) of the CEQA Guidelines because it involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.” PASSED, APPROVED AND ADOPTED this _____ day of ________________, 2026 by the City Council of the City of Encinitas, State of California. ______________________________
Bruce Ehlers, Mayor
ATTEST:
______________________________
Pete Weichers, City Clerk
2026-08-19 Item #10C Page 4 of 52
APPROVED AS TO FORM:
_____________________________
Ajit Thind, City Attorney
CERTIFICATION: I, Pete Weichers, City Clerk of the City of Encinitas, California, do hereby certify under penalty of perjury that the foregoing Resolution was duly adopted at a regular meeting of the City Council on the _____ day of _______________, 2026 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Pete Weichers, City Clerk
2026-08-19 Item #10C Page 5 of 52

AGENDA REPORT
City Council

MEETING
DATE:

April 8, 2026

PREPARED
BY:

Elmer Alex, Principal
Engineer

DEPARTMENT
DIRECTOR:

Isam Hireish
DEPARTMENT: Utilities CITY
MANAGER:

Jennifer Campbell
SUBJECT:

Emergency Declaration: Sewer Manhole Emergency Replacement at 2524 San Elijo Avenue RECOMMENDED ACTION:

1. Authorize emergency repairs to the sewer manhole at 2524 San Elijo Ave under the Emergency Declaration (Attachment 1).

2. Adopt Resolution No. 2026-30, titled "A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2025-26 Budget" to appropriate $125,000 to the Emergency San Elijo Manhole Replacement (CC26D) Project. (Attachment 2) ENVIRONMENTAL CONSIDERATIONS:

The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is an Emergency Project as defined under Section 15269(b) of CEQA Guidelines. The action involves emergency repairs to publicly owned facilities necessary to maintain service essential to public health and safety.

This item does not relate to the Climate Action Plan.

GENERAL PLAN/CITY COUNCIL FOCUS AREAS:

This agenda item is not related to the General Plan.

This agenda item relates to City Council Focus Area I: Public Health and Safety for the Protection of Life, Property, and the Physical Environment, and Focus Area II: Effective and Reliable City Services, Infrastructure, and Communications.
2026-04-08 Item #08D Page 1 of 8 2026-08-19 Item #10C Page 6 of 52 FISCAL CONSIDERATIONS:

The cost of the repairs is estimated to be $125,000. The final cost of repairs will be determined as the emergency repairs are completed. Sufficient funds are available in the Cardiff Sanitary Division (CSD) operating budget and will be tracked through Project CC26D (Emergency San Elijo Manhole Replacement). All fiscal impacts will be reported back to the City Council at a future meeting.

BACKGROUND:

On March 12, 2026, while performing a condition assessment of the sewer manholes along San Elijo Ave, the City’s condition assessment consultant discovered a sewer manhole (Facility ID 2024SMANHL) with a void in the wall where a significant amount of soil material is missing. If manhole 2024SMANHL is not repaired as soon as possible, it could lead to the manhole collapsing and a possible sanitary sewer overflow (SSO), which would pose a significant risk to public health, safety, and welfare.

ANALYSIS:

Section 7.18.060 of the Municipal Code covers emergency work and states that “in the event of an emergency, as determined by the City Manager, which requires immediate action to ensure public health, safety, welfare, and continuity of operations, the City Manager may cause the purchase of necessary supplies, equipment, and services without competitive bidding for the purpose of responding to the emergency with unencumbered funds, irrespective of whether said money has been appropriated for such purpose. A full report of the circumstances of any such emergency purchase shall be presented to the City Council at the next available regularly scheduled City Council meeting.”
This report is notification to the City Council of the Emergency Declaration signed by the City Manager on March 18, 2026 (Attachment 1) and the need for immediate procurement of services from Burtech Pipeline Incorporated (“Burtech”), the City’s sewer emergency contractor, to perform the necessary repairs to the sewer manhole at 2524 San Elijo Ave. A full report that outlines the repairs and costs of the project will be presented to the City Council after the repairs are completed.

ATTACHMENTS:

1. Emergency Declaration: Manhole Replacement at 2524 San Elijo Ave

2. Resolution No. 2026-30, titled "A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2025-26 Budget" to appropriate $125,000 to the Emergency San Elijo Manhole Replacement (CC26D) Project. 2026-04-08 Item #08D Page 2 of 8 2026-08-19 Item #10C Page 7 of 52 1 of 2

CITY OF ENCINITAS

MEMORANDUM
To: Jennifer Campbell, City Manager
Via: Isam Hireish, Director of Utilities
From: Elmer Alex, Principal Engineer
Date: March 18, 2026
Subject: Emergency Declaration: Manhole Replacement at 2524 San Elijo Ave On March 12, 2026, while performing a condition assessment of the sewer manholes along San Elijo Ave, the City’s condition assessment consultant discovered a sewer manhole (Facility ID 2024SMANHL) with a void in the wall where a significant amount of soil material is missing. If manhole 2024SMANHL is not repaired as soon as possible, it could lead to the manhole collapsing and a possible sanitary sewer overflow (SSO).

Section 7.18.060 of the Municipal Code covers emergency work and states that “in the event of an emergency, as determined by the City Manager, which requires immediate action to ensure public health, safety, welfare, and continuity of operations, the City Manager may cause the purchase of necessary supplies, equipment, and services without competitive bidding for the purpose of responding to the emergency with unencumbered funds, irrespective of whether said money has been appropriated for such purpose. A full report of the circumstances of any such emergency purchase shall be presented to the City Council at the next available regularly scheduled City Council meeting.” This memorandum serves as an Emergency Declaration and determination of the need for immediate procurement of Burtech Pipeline Incorporated (“Burtech”) to perform the necessary repairs to manhole 2024SMANHL at 2524 San Elijo Ave.

Burtech, the City’s Emergency Sewer contractor, will replace the sewer manhole. Staff has already met with Burtech, who is in the process of performing utility conflict research, including contacting SDG&E, due to an electrical pole adjacent to the manhole that may be affected by an open excavation, and will be applying for a PROW permit.

Docusign Envelope ID: 560788B3-B1DA-4C6D-9AF4-4CFCCA4780B9 2026-04-08 Item #08D Page 3 of 8 2026-08-19 Item #10C Page 8 of 52 2 of 2
The construction work will affect vehicle and bicycle traffic in the area. Attached to this memo is Exhibit A showing the location of the repair and potential road closures and detours. The following is a summary of those anticipated impacts during construction hours:
• Closure of San Elijo Ave from Manchester Ave to Kilkenny Drive. Staff and Burtech will be providing advance warning signage notify the public of a full closure along San Elijo Ave and to seek alternative routes.
• Detour of vehicles and cyclists along Manchester Ave and Dublin Drive. Due to the limited width of Manchester Ave, street parking will be limited to only one side of the street during construction hours.
• Notice to residents along San Elijo Ave of the closure. Local residents will be allowed through the detour but full access may be limited during construction hours.

I am recommending that you declare a local emergency to allow for expeditious repair. Please sign below to acknowledge your concurrence.

I, Jennifer Campbell, with knowledge of the deteriorated condition of manhole 2024SMANHL, do hereby declare it a condition of local emergency pursuant to Encinitas Municipal Code Section 7.18.060 that requires immediate action to ensure public health, safety, welfare and continuity of operations. This code section allows for expedited repair to address emergency conditions to ensure public health, safety, and welfare. I further determine that Burtech Pipeline Incorporated should perform the necessary repairs to manhole 2024SMANHL in a timely fashion. A report will be made to the City Council regarding this declaration at the regularly scheduled City Council meeting on April 8, 2026. ____________________________________
Jennifer Campbell, City Manager
Approved As To Form:
____________________________________
Ajit Thind, City Attorney

Docusign Envelope ID: 560788B3-B1DA-4C6D-9AF4-4CFCCA4780B9 2026-04-08 Item #08D Page 4 of 8 2026-08-19 Item #10C Page 9 of 52 Exhibit A
Location Map of San Elijo Ave Sewer Manhole
Emergency Replacement and Detour Routes Detour Route
Detour Route
Location of 2024SMANHL Closed to Local Traffic Only
Docusign Envelope ID: 560788B3-B1DA-4C6D-9AF4-4CFCCA4780B9 2026-04-08 Item #08D Page 5 of 8 2026-08-19 Item #10C Page 10 of 52 RESOLUTION 2026-30

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA, AMENDING THE FISCAL YEAR 2025-26 BUDGET
WHEREAS, on June 18, 2025, the City Council of the City of Encinitas adopted Resolution No. 2025-73 adopting the budget for Fiscal Year 2025-26; and WHEREAS, on March 12, 2026 it was determined that the unanticipated replacement of a sewer manhole was needed immediately to prevent a potential sanitary sewer overflow; and WHEREAS, this unanticipated emergency work requires amendments to the appropriations for Fiscal Year 2025-26; and
WHEREAS, budgeted expenditures do not exceed anticipated revenues and the available fund balance; and
WHEREAS, the City Council has reviewed the proposed Fiscal Year 2025-26 budget amendments.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Encinitas, California, that the budget amendment for Fiscal Year 2025-26 as contained in Exhibit A to this resolution are hereby adopted.

NOW, THEREFORE, BE IT FURTHER RESOLVED that this action is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15378(b)(5) of the CEQA Guidelines, as an organizational or administrative activity of government that will not result in a direct or indirect physical change in the environment.

PASSED, APPROVED AND ADOPTED this 8th day of April 2026 by the City Council of the City of Encinitas, State of California.
______________________________
Bruce Ehlers, Mayor
ATTEST:
______________________________
Pete Weichers, Interim City Clerk
APPROVED AS TO FORM:
_____________________________
Ajit Thind, City Attorney
2026-04-08 Item #08D Page 6 of 8 2026-08-19 Item #10C Page 11 of 52 CERTIFICATION: I, Pete Weichers, City Clerk of the City of Encinitas, California, do hereby certify under penalty of perjury that the foregoing Resolution was duly adopted at a regular meeting of the City Council on the 8th day of April, 2026 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Pete Weichers, Interim City Clerk
2026-04-08 Item #08D Page 7 of 8 2026-08-19 Item #10C Page 12 of 52 Exhibit A
Resolution 2026-30
Proposed Budget Increase or (Decrease)
# Fund-Name Org Obj Comments Revenue Expenditures Transfer In Transfer Out A. Staff Recommendation: Fund Project CC26D for Emergency Manhole Replacement

1. 512-CSD CAPITAL REPLACE 51296662 540
CC04E to CC26D 512
Emergency Manhole
Replacement 125,000

AGENDA REPORT
City Council

MEETING
DATE:

June 17, 2026

PREPARED
BY:

Elmer Alex,
Principal Engineer

DEPARTMENT
DIRECTOR:

Isam Hireish
DEPARTMENT: Utilities CITY
MANAGER:

Jennifer Campbell
SUBJECT:

Completion of Emergency Replacement of Sewer Manhole at 2524 San Elijo Avenue (Project CC26D)
RECOMMENDED ACTION:

Staff recommends that City Council take the following actions:

1. Adopt Resolution No. 2026-51, titled “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2025-26 Budget” (Attachment 1) to amend the FY 2025-26 budget by appropriating $164,267 to Project CC26D Emergency San Elijo Manhole Replacement.

2. Authorize the City Manager, or designee, in consultation with the City Attorney, to execute Amendment No. 5 to the Agreement with Burtech Pipeline Incorporated for emergency sewer repair services in substantial form as Attachment 2, for the Emergency San Elijo Manhole Replacement Project (CC26D), to add $271,367 of capacity to the agreement, for a new not-to-exceed amount of $310,736 over the duration of the agreement.

ENVIRONMENTAL CONSIDERATIONS:

The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15269(b) of CEQA Guidelines. The action involves emergency repairs to publicly owned facilities necessary to maintain service essential to public health and safety. This item is not related to the Climate Action Plan.

GENERAL PLAN/CITY COUNCIL FOCUS AREAS:

This agenda item is not related to the General Plan.
2026-06-17 Item #08D Page 1 of 39 2026-08-19 Item #10C Page 14 of 52 This agenda item relates to City Council Focus Area I: Public Health and Safety for the Protection of Life, Property, and the Physical Environment, and Focus Area II: Effective and Reliable City Services, Infrastructure, and Communications.

FISCAL CONSIDERATIONS:

The fiscal impact of the recommended action is $164,267. The cost for the emergency manhole replacement is $271,367 and the cost for inspection services is $17,900 for a total cost of $289,267. $125,000 was previously appropriated to Project CC26D, therefore $164,267 in additional funds are requested at this time.

The proposed Resolution No. 2026-51 will amend the FY 2025-26 capital budget by transferring $164,267 from the Cardiff Sanitary Division Collection System Rehab Project (CC04E) to the Emergency San Elijo Manhole Replacement Project (CC26D).

BACKGROUND:

On April 8, 2026, the City Council authorized the emergency repairs to the sewer manhole at 2524 San Elijo Avenue through an Emergency Declaration. Additionally, the City Council adopted Resolution No. 2026-30 authorizing staff to immediately procure the necessary services from Burtech Pipeline Incorporated (“Burtech”), the City’s sewer emergency contractor. That service included the inspection and repair to the sewer manhole at 2524 San Elijo Ave to avoid collapse of the manhole and a possible sanitary sewer overflow (Attachment 3). Foregoing immediate response would pose a significant risk to public health, safety, and welfare.

The situation met the definition of an Emergency per the State Public Contract Code Section 1102, which states the following: “Emergency as used in this code, means a sudden, unexpected occurrence the posed a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public service.” City Council authorized the emergency manhole replacement. All sewage was contained and the replacement of the manhole was completed.

ANALYSIS:

As previously stated, staff invoked the Utilities Department on-call emergency sewer repair contract with Burtech to replace the sewer manhole. Staff also used MWH Constructors, with whom the City is currently under contract for as-needed construction management and inspection services, to provide inspection for this project.

The replacement and inspection services were completed Friday, April 17, 2026 with the final cost totaling as follows:

Task Cost
Emergency Sewer Manhole Replacement $271,367
Inspection Services $17,900
Total $289,267
Costs came in higher than initially expected as Burtech discovered that sections of the 15-inch diameter pipeline downstream of the manhole were also damaged. All sewage was still contained within the pipeline despite the damage. Burtech also encountered undocumented groundwater. 2026-06-17 Item #08D Page 2 of 39 2026-08-19 Item #10C Page 15 of 52 These two findings incurred additional costs because Burtech was required to mitigate the groundwater to keep the excavation stable and replace the broken sections of pipeline.

Staff recommends that City Council authorize the City Manager, or designee, to execute Amendment No. 5 with Burtech for performing the emergency manhole replacement as described (Attachment 2). See Attachment 4 for the original contract with Burtech as well as the first four amendments.

ATTACHMENTS:

1. Resolution No. 2026-51, titled "A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2025-26 Budget" to appropriate $164,267 to the Emergency San Elijo Manhole Replacement (CC26D) Project

2. Amendment No. 5 to the Agreement for Emergency Sewer Repair Services between the City of Encinitas and Burtech Pipeline Incorporated

3. April 8, 2026 Emergency Declaration City Council Staff Report

4. Original Agreement between the City of Encinitas and Burtech Pipeline Incorporated and Amendments 1-4
2026-06-17 Item #08D Page 3 of 39 2026-08-19 Item #10C Page 16 of 52 RESOLUTION 2026-51

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA, AMENDING THE FISCAL YEAR 2025-26 BUDGET
WHEREAS, on June 18, 2025, the City Council of the City of Encinitas adopted Resolution No. 2025-73 adopting the budget for Fiscal Year 2025-26; and WHEREAS, on March 12, 2026 it was determined that the unanticipated replacement of a sewer manhole was needed immediately to prevent a potential sanitary sewer overflow; and WHEREAS, on April 8, 2026, the City Council of the City of Encinitas adopted Resolution No. 2026-30, approving $125,000 in appropriations for the aforementioned emergency work; and WHEREAS, this unanticipated emergency work requires an additional amendment to the appropriations for Fiscal Year 2025-26; and
WHEREAS, budgeted expenditures do not exceed anticipated revenues and the available fund balance; and
WHEREAS, the City Council has reviewed the proposed Fiscal Year 2025-26 budget amendments.

PASSED, APPROVED AND ADOPTED this 17th day of June, 2026 by the City Council of the City of Encinitas, State of California.
______________________________
Bruce Ehlers, Mayor
ATTEST:
______________________________
Pete Weichers, City Clerk
APPROVED AS TO FORM:
_____________________________
Ajit Thind, City Attorney
2026-06-17 Item #08D Page 4 of 39 2026-08-19 Item #10C Page 17 of 52 CERTIFICATION: I, Pete Weichers, City Clerk of the City of Encinitas, California, do hereby certify under penalty of perjury that the foregoing Resolution was duly adopted at a regular meeting of the City Council on the 17th day of June, 2026 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Pete Weichers, City Clerk
2026-06-17 Item #08D Page 5 of 39 2026-08-19 Item #10C Page 18 of 52 Exhibit A
Resolution 2026-51
Proposed Budget Increase or (Decrease)
# Fund-Name Org Obj Comments Revenue Expenditures Transfer In Transfer Out

1. 512-CSD CAPITAL REPLACE 51296662 540
CC04E:CC26D 512 Emergency
Manhole Replacement (164,267)

2. 512-CSD CAPITAL REPLACE 51296662 540
CC04E:CC26D 512 Emergency
Manhole Replacement 164,267
Total - - - -
A. Staff Recommendation: Funds project CC26D Emergency Manhole Replacement with transfer from project CC04E CSD Collection System Rehab
2026-06-17 Item #08D Page 6 of 39 2026-08-19 Item #10C Page 19 of 52 1 AMENDMENT #5 TO THE

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES BETWEEN

THE CITY OF ENCINITAS AND BURTECH PIPELINE INCORPORATED

1.0 PARTIES
This Amendment #5 is made and entered into on the date of execution by the City of Encinitas, a municipal corporation, hereinafter referred to as “City”, and Burtech Pipeline Incorporated, a California C Corporation, hereinafter referred to as “Contractor.”

2.0 RECITALS
WHEREAS, the City of Encinitas and Contractor entered into an Agreement for Professional Consulting Services (“Agreement”) for a term that began on September 13, 2023, and that expires on September 13, 2024; and
WHEREAS, the City and Contractor executed Amendment #1 to the Agreement on September 12, 2024 exercising the first of three renewal options to extend the term for one year commencing September 13, 2024, and ending September 13, 2025 with a total not-to-exceed contract amount of $10,000; and
WHEREAS, the City and Contractor executed Amendment #2 to the Agreement on October 23, 2024 for emergency sewer force main repairs, increasing the total not-to-exceed amount to $19,232; and
WHEREAS, the City and Contractor executed Amendment #3 to the Agreement on September 10, 2025, exercising the second of three renewal options to extend the term for one year commencing September 13, 2025, and ending September 13, 2026; and WHEREAS, the City and Contractor executed Amendment #4 to the Agreement on December 8, 2026 for emergency sewer force main repairs, increasing the total not-to-exceed amount to $39,369;
WHEREAS, Contractor performed an emergency manhole replacement at 2524 San Elijo Avenue the week of April 6, 2026; and
WHEREAS, the City and Contractor mutually agree to increase the payment for services (pursuant to Section 4.0); and
NOW, THEREFORE, in consideration of the mutual benefits to be derived thereupon, the parties agree to amend the Contract as follows:

3.0 TERMS

3.1 Under Section 4.0 Payment for Services (Attachment B), the City and Contractor mutually agree to increase the total not-to-exceed amount of the Agreement of $39,369 by $271,367. The total contract payment for services shall not exceed $310,736. 2026-06-17 Item #08D Page 7 of 39 2026-08-19 Item #10C Page 20 of 52 2 3.2 Except as otherwise provided above, all the provisions of the Contract between the City of Encinitas and Consultant effective on September 13, 2023, shall remain in full force and effect.

4.0 EXECUTION OF AGREEMENT
The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

Burtech Pipeline Incorporated City of Encinitas
By____________________________________ By_______________________________ Dominic Burtech Date Jennifer Campbell Date
President City Manager

Burtech Pipeline Incorporated
By _____________________________________
Julie Burtech Date
Secretary

APPROVED AS TO FORM:
________________________________________
Ajit Thind Date
City Attorney
NOTE: Pursuant to California Corporations Code Section 313, if Contractor is a corporation or nonprofit organization, this Contract must be signed by (a) the Chairperson of the Board, President or Vice-President and (b) the Secretary any Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer.
2026-06-17 Item #08D Page 8 of 39 2026-08-19 Item #10C Page 21 of 52 3 ATTACHMENT “B”

PAYMENT OF SERVICES
Contractor: BURTECH PIPELINE INCORPORATED
Once invoice is submitted and approved by the City, City payment will be made within 30 days of approval.

Total contract cost not-to-exceed $310,736.

Contractor’s Initials: ______
Date: __________________
2026-06-17 Item #08D Page 9 of 39 2026-08-19 Item #10C Page 22 of 52

AGENDA REPORT
City Council

MEETING
DATE:

April 8, 2026

PREPARED
BY:

Elmer Alex, Principal
Engineer

DEPARTMENT
DIRECTOR:

Isam Hireish
DEPARTMENT: Utilities CITY
MANAGER:

Jennifer Campbell
SUBJECT:

Emergency Declaration: Sewer Manhole Emergency Replacement at 2524 San Elijo Avenue RECOMMENDED ACTION:

1. Authorize emergency repairs to the sewer manhole at 2524 San Elijo Ave under the Emergency Declaration (Attachment 1).

This item does not relate to the Climate Action Plan.

GENERAL PLAN/CITY COUNCIL FOCUS AREAS:

This agenda item is not related to the General Plan.

BACKGROUND:

ANALYSIS:

ATTACHMENTS:

1. Emergency Declaration: Manhole Replacement at 2524 San Elijo Ave

CITY OF ENCINITAS

Section 7.18.060 of the Municipal Code covers emergency work and states that “in the event of an emergency, as determined by the City Manager, which requires immediate action to ensure public health, safety, welfare, and continuity of operations, the City Manager may cause the purchase of necessary supplies, equipment, and services without competitive bidding for the purpose of responding to the emergency with unencumbered funds, irrespective of whether said money has been appropriated for such purpose. A full report of the circumstances of any such emergency purchase shall be presented to the City Council at the next available regularly scheduled City Council meeting.” This memorandum serves as an Emergency Declaration and determination of the need for immediate procurement of Burtech Pipeline Incorporated (“Burtech”) to perform the necessary repairs to manhole 2024SMANHL at 2524 San Elijo Ave.

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The construction work will affect vehicle and bicycle traffic in the area. Attached to this memo is Exhibit A showing the location of the repair and potential road closures and detours. The following is a summary of those anticipated impacts during construction hours:
• Closure of San Elijo Ave from Manchester Ave to Kilkenny Drive. Staff and Burtech will be providing advance warning signage notify the public of a full closure along San Elijo Ave and to seek alternative routes.
• Detour of vehicles and cyclists along Manchester Ave and Dublin Drive. Due to the limited width of Manchester Ave, street parking will be limited to only one side of the street during construction hours.
• Notice to residents along San Elijo Ave of the closure. Local residents will be allowed through the detour but full access may be limited during construction hours.

I am recommending that you declare a local emergency to allow for expeditious repair. Please sign below to acknowledge your concurrence.

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Location Map of San Elijo Ave Sewer Manhole
Emergency Replacement and Detour Routes Detour Route
Detour Route
Location of 2024SMANHL Closed to Local Traffic Only
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PASSED, APPROVED AND ADOPTED this 8th day of April 2026 by the City Council of the City of Encinitas, State of California.
______________________________
Bruce Ehlers, Mayor
ATTEST:
______________________________
Pete Weichers, Interim City Clerk
APPROVED AS TO FORM:
_____________________________
Ajit Thind, City Attorney
2026-04-08 Item #08D Page 6 of 8 2026-06-17 Item #08D Page 15 of 39 2026-08-19 Item #10C Page 28 of 52 CERTIFICATION: I, Pete Weichers, City Clerk of the City of Encinitas, California, do hereby certify under penalty of perjury that the foregoing Resolution was duly adopted at a regular meeting of the City Council on the 8th day of April, 2026 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Pete Weichers, Interim City Clerk
2026-04-08 Item #08D Page 7 of 8 2026-06-17 Item #08D Page 16 of 39 2026-08-19 Item #10C Page 29 of 52 Exhibit A
Resolution 2026-30
Proposed Budget Increase or (Decrease)
# Fund-Name Org Obj Comments Revenue Expenditures Transfer In Transfer Out A. Staff Recommendation: Fund Project CC26D for Emergency Manhole Replacement

1. 512-CSD CAPITAL REPLACE 51296662 540
CC04E to CC26D 512
Emergency Manhole
Replacement 125,000

2. 512-CSD CAPITAL REPLACE 51296662 540
CC04E to CC26D 512
Emergency Manhole
Replacement 125,000 125,000 -
Total - 125,000 125,000 125,000
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GENERAL SERVICES AND MAINTENANCE CONTRACT
(Non-Federal/Prevailing Wage)
This Agreement is made and entered into as of the date of execution by the City of Encinitas, a municipal corporation, hereinafter referred to as “City”, and Burtech Pipeline Incorporated a California Corperation hereinafter referred to as “Consultant”.

RECITALS
City requires Contractor to perform its scope of work generally described as:

Repair sewer or storm drain infrastructure on an as needed basis and/or for Emergency repairs as directed by the City.

Contractor represents itself as possessing the necessary skills and qualifications to maintain the public works project required by City and possessing all required licenses and certifications.

NOW THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows:

1.0 Contract Documents

1.1 The Contract Documents shall be deemed to be this Agreement, all documents attached and specifically referenced herein.

2.0 Contractor’s Obligations (Attachment A)

2.1 Contractor shall perform its scope of work that is described in Attachment “A”, which is attached hereto and incorporated herein as though fully set forth at length.

2.2 Contractor shall, at its own cost and expense, in a competent manner consistent with all applicable standards of care, furnish all labor, inspection, technical, administrative, professional and other personnel, all supplies and materials, equipment, tools, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculations, and all other means and methods whatsoever, except as herein otherwise expressly specified to be furnished by City, necessary or proper to perform and complete the scope of work and provide the services required by this Agreement.

2.3 Contractor is hired to render those services necessary to perform the Scope of Work in a professional manner, and any payments made to Contractor are compensation fully for those services.

2.4 Contractor shall maintain throughout the full term of this Agreement all professional certifications and licenses required in order to comply with all city, state, and federal laws in the performance of this Agreement.

2.5 For the services to be performed, Contractor shall pay wages to Contractor’s employees according to the current “General Prevailing Wage Rates” issued by the Director of DocuSign Envelope ID: C680F99B-AC97-43D8-B687-1B82F5432562 2026-06-17 Item #08D Page 18 of 39 2026-08-19 Item #10C Page 31 of 52 Gen Services & Maint (Non-Fed / Prev Wage) – 05/03/2023 – SM Page 2 of 14 the Department of Industrial Relations of the State of California and pursuant to California Labor Code Part 7, Chapter 1, Article 2, Sections 1770, 1771, 1773, 1773.1.

3.0 Extra Work

3.1 Contractor, in providing the services as set forth herein, shall not perform work and will not be paid for work in excess of the Agreement amount without first obtaining a fully executed written Change Order from City or its authorized designated representative. All requests for extra work shall be made in writing and submitted to City.

Not to exceed $10,000 without additional authorization, to be billed at time and materials per contractor’s hourly billing schedule, attached. Invoices will be paid 30 days upon invoice approval.

4.0 Payment For Services (Attachment B)

4.1 Contractor agrees not to raise prices for the original term of the Agreement.

Contractor’s payment for services, including fee schedule or other terms of compensation, is attached hereto as Attachment “B” and incorporated herein by this reference.

4.2 City agrees to compensate Contractor for the services provided under this Agreement, and Contractor agrees to accept in full satisfaction for such services, payment in accordance with Attachment “B”.

4.3 Contractor shall submit to City an invoice, on a monthly basis or as otherwise agreed, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. City shall pay all undisputed amounts included on the invoice. Once invoice is submitted and approved by the City, City payment will be made within 30 days of approval.

5.0 Term of Agreement

5.1 This Agreement shall be effective on and from the day, month and year of the execution of this document by City.

5.2 Term. The term of the Agreement is for a period of _One (1) Year commencing on the Execution Date by City and terminating _One(1) year later_ (“Termination Date”) unless terminated earlier as set forth herein, or extended pursuant to Section 5.3 below.

5.3 Options to Extend. This Agreement may be extended for up to Three (3) years additional one (1) year periods from the original termination date upon the execution of a written extension agreement, executed by both parties before the end of the previous term. Any increase in the fees or rates within for each optional renewal period shall be the lesser of two percent or the inflation rate as measured by fluctuations in the Consumer Price index, All Urban Consumers (C.P.I.-U) as published by the United States Department of Labor, Bureau of Labor Statistics, for the San Diego - Carlsbad Metropolitan Statistical Area. The average index of the C.P.I.-U for this calculation shall be for the twelve (12) months of the preceding year (January through December), or the fiscal year ended June 30th, whichever constitutes the most recently available data.

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6.0 Termination of Agreement

6.1 In the event of Contractor’s failure to prosecute, deliver, or perform the described services, the City may terminate this Contract by notifying Contactor by certified mail of said termination. Thereupon, Contractor shall cease work and within five (5) working days: (1) assemble all materials and records prepared or obtained in the performance of this Agreement and deliver said documents to the City and (2) place all work in progress in a safe and protected condition. The City Manager shall make a determination of the percentage of work which Contractor has performed which is usable and of worth to the City. Based upon that finding, the City shall determine any final payment due to Contractor.

6.2 This Contract may be terminated by the City, for convenience and without cause, upon the giving of written notice to the Contractor. Contractor shall: (1) assemble all materials and records prepared or obtained in the performance of this Contract and deliver said documents and materials to the City and (2) place all work in progress in a safe and protected condition. The City Manager shall make a determination of the percentage of work which Contractor has performed which is usable and of worth to the City. Based upon that finding, the City shall determine any final payment due to Contractor.

7.0 Independent Contractor

7.1 Contractor shall perform the services provided for herein in a manner of Contractor’s own choice, as an independent contractor and in pursuit of Contractor’s independent calling, and not as an employee of City. Contractor shall be under control of City only as to the result to be accomplished and the personnel assigned to the Project. However, Contractor shall confer with City as required to perform this Agreement.

7.2 If Contractor subcontracts any of the work to be performed under this Agreement, Contractor shall be as fully responsible to City or the acts and omissions of Contractor’s subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in the Agreement shall create any contractual relationship between any subcontractor of Contractor and City. Contractor shall bind every subcontractor by the terms of the Agreement applicable to Contractor’s work, including indemnity and insurance requirements.

8.0 No Assignment of Agreement

8.1 Contractor has no authority or right to assign this Agreement or any part thereof or any monies due thereunder without first obtaining the prior written consent of City.

9.0 No Verbal Agreement or Conversation

9.1 No verbal agreement or conversation with any officers, elected officials, appointed officials, volunteers, agent or employee of City, either before, during or after the execution of this Agreement, shall effect or modify any of the terms or obligations herein contained nor such verbal agreement or conversation entitle Contractor to any additional payment whatsoever under the terms of this Agreement.

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10.0 Disputes

10.1 If a dispute should arise regarding the performance of this Agreement, the following initial dispute resolution procedures shall be used:

A. Within twenty (20) City working days after a dispute regarding the performance of this Agreement arises, it shall be reduced to writing at staff level by the complaining party setting forth the nature of the dispute in detail, along with all pertinent back-up documentation in support. The writing shall be delivered to the receiving party by first class mail or personal delivery directly to the party’s project manager, along with recommended methods of resolution.

B. The party receiving the letter shall reply to the letter with a detailed response, along with a recommended method of resolution, if any, within ten (10) City working days of receipt of the letter.

10.2 If the dispute is not resolved at staff level in accordance with Section 10.1, within five (5) City working days of the receiving party response (or longer if agreed between the parties), the aggrieved party, through its respective project manager shall deliver to the City Manager’s office a letter outlining the dispute for the City Manager’s review. The receiving party may submit further response, if required, to the City Manager within five (5) city working days thereafter. The City Manager, at his/her sole discretion may respond as he/she deems appropriate, including recommendations for resolution, discussion or rejection of the dispute within fifteen (15) working days of receipt of the complaint.

10.3 If the dispute remains unresolved and the parties have exhausted the procedures outlined in this section, the parties may then seek remedies available to them under this Agreement and at law, including, but not limited to, under the termination procedures. This provision does not relieve Contractor of its obligation and Contractor is required to timely comply with all applicable provisions of the Government Claims Act before initiating any legal proceeding against City.

11.0 HOLD HARMLESS

11.1 To the greatest extent allowed by law, Contractor shall defend and indemnify and hold City, its officials, officers, agents, employees, and representatives free and harmless from any and all claims, demands, negligence (including the active or passive negligence of City as allowed by law), causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, to the extent arising out of or incident to any acts, omissions, negligence or willful misconduct of Contractor, its officials, officers, employees, agents, consultants, subcontractors and contractors arising out of or in connection with the performance of the scope of work or this Agreement, including without limitation the payment of all damages and attorney’s fees, fines, penalties and other related costs and expenses. The only limitations on this provision shall be those imposed by Civil Code Section 2782 or other applicable provisions of law.

11.2 Contractor’s defense obligation (with counsel approved by City), shall arise immediately upon City’s tender, at Contractor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its officials, officers, agents, employees and representatives, notwithstanding whether liability is or can be established against City. Contractor shall pay and satisfy any DocuSign Envelope ID: C680F99B-AC97-43D8-B687-1B82F5432562 2026-06-17 Item #08D Page 21 of 39 2026-08-19 Item #10C Page 34 of 52 Gen Services & Maint (Non-Fed / Prev Wage) – 05/03/2023 – SM Page 5 of 14 judgment, award or decree that may be rendered against City, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding.

Contractor shall reimburse City, its officials, officers, agents, employees and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code Section 2782 or other applicable provisions of law.

11.3 Contractor’s defense and indemnity obligations herein include, but are not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans With Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the scope of work or after the Project is complete, as the result of defects or negligence in Contractor’s services.

11.4 Contractor’s obligation herein includes, but is not limited to, alleged defects in the services performed; alleged defects in the materials or services furnished under the Agreement; alleged injury to persons or property; alleged inverse condemnation of property as a consequence of the performance of the work or the improvement; any regulatory violations (including but not limited to Stormwater Pollution Control BMP/Erosion Control and regulatory requirements); and any accident, loss or damage to City property or third party liability prior to the acceptance of same by City.

11.5 By inspecting, approving or accepting the services performed by Contractor, City shall not have waived the protections afforded herein to City and City’s officers, elected officials, appointed officials, volunteers, employees and agents or diminished the obligation of Contractor who shall remain obligated in the same degree to indemnify and hold City and City’s officers, elected officials, appointed officials, volunteers, employees and agents, harmless as provided above.

12.0 Insurance

12.1 Commercial General Liability Insurance. Contractor shall obtain and maintain for the full term of this Agreement, comprehensive general liability and property damage insurance, or commercial general liability insurance, from an insurance company approved by City having a Best Rating of A-: VII or better and authorized by the Insurance Commissioner of the State of California Department of Insurance to be transacting business in the State of California, in the following minimum limits:

General liability (Including operations, Products and completed operations) Combined Single Limit Per Occurrence $2,000,000.00
General Annual Aggregate $5,000,000.00
The limits of insurance shall not relieve Contractor from liability in excess of such coverage, nor shall it limit Contractor’s indemnification obligations to City, and shall not preclude City from taking such other actions available to City under other provisions of the Agreement, Contract Documents, or law.

Contractor shall make certain that any and all subcontractors hired by Contractor are insured in accordance with this Agreement. If any subcontractor’s coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold City harmless from any damage, loss, cost, or expense, including attorney’s fees, incurred by City as a result thereof.

All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non-owned equipment, blanket contractual liability, completed DocuSign Envelope ID: C680F99B-AC97-43D8-B687-1B82F5432562 2026-06-17 Item #08D Page 22 of 39 2026-08-19 Item #10C Page 35 of 52 Gen Services & Maint (Non-Fed / Prev Wage) – 05/03/2023 – SM Page 6 of 14 operations liability, explosion, collapse, under-ground excavation, removal of lateral support, and other covered loss, occurring during the policy term, and shall specifically insure the performance by Contractor. Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the additional insured endorsement described in this Agreement.

12.2 Automobile Liability Insurance. Such insurance shall provide coverage for bodily injury and property damage including coverage for non-owned and hired vehicles, in a form and with insurance companies acceptable to City for bodily injury and property damage in an amount, at least, one million dollars ($1,000,000) per person per accident.

12.3 Workers’ Compensation Insurance. Contractor shall provide, during the term of this Agreement, workers’ compensation insurance for all of the employees engaged in Work under this Agreement, on or at any work site, and, in case of any sublet Work, Contractor shall require each subcontractor similarly to provide workers’ compensation insurance for all of the latter’s employees as proscribed by State law. Any class of employee or employees not covered by a subcontractor’s insurance shall be covered by Contractor’s insurance. Contractor is required to secure payment of compensation to its employees in accordance with the provisions of Section 3700 of the Labor Code in an amount of, at least, one million dollars ($1,000,000) per person per accident and shall contain a Waiver of Subrogation in favor of City.

Contractor shall assume the immediate defense of and indemnify and save harmless City and its officers and employees, agents, and consultants from all claims, loss, damage, injury, and liability of every kind, nature, and description brought by any person employed or used by Contractor, or any subcontractors, to perform the scope of work under this Agreement regardless of responsibility or negligence.

12.4 Employer’s Liability Insurance. Contractor shall provide during the life of this Agreement, Employer’s Liability Insurance, including Occupational Disease, in the amount of, at least, one million dollars ($1,000,000.00) per person per accident. Contractor shall provide City with a certificate of Employer’s Liability Insurance. Such insurance shall comply with the provisions of the Agreement and Contract Documents. The policy shall be endorsed, if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement and contain a Waiver of Subrogation in favor of City.

12.5 Form, Proof of Insurance. Any insurance carrier providing insurance coverage required by the Agreement and Contract Documents shall be admitted to and authorized to do business in the State of California unless waived, in writing, by City’s Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A-: VII or better. Insurance deductibles or self-insured retentions must be declared by Contractor, and such deductibles and retentions shall have the prior written consent from City.

12.6 Additional Insured Requirement. City, its officers, elected officials, employees, contractors, construction managers, architect and volunteers are to be covered as additional insureds by endorsement under the General Liability, Automobile Liability, Employers Liability and Workers Compensation Liability insurance policies. The General Liability policy shall be evidenced by an additional insured endorsement, using form ISO CG 20-10-10-01 and GC 20-37-10-01 or the exact equivalent.

12.7 Other Insurance Requirements. The Certificate(s) and policy(ies) of insurance shall provide no less than thirty (30) days written notice be given to City prior to any material modification DocuSign Envelope ID: C680F99B-AC97-43D8-B687-1B82F5432562 2026-06-17 Item #08D Page 23 of 39 2026-08-19 Item #10C Page 36 of 52 Gen Services & Maint (Non-Fed / Prev Wage) – 05/03/2023 – SM Page 7 of 14 or cancellation of such insurance. In the event of a material modification or cancellation of coverage, City may terminate or Stop Work pursuant to this Agreement and Contract Documents, unless City receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments evidencing coverages and the insurance as required is in full force and effect.

Contractor shall not take possession of any work site or commence its scope of work under this Agreement until City has been furnished original Certificate(s) of Insurance and certified original copies of Endorsements and any and all other attachments as required in this Agreement. The original Endorsements for each policy and the Certificate(s) of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf.

It is understood and agreed to by the parties and the insurance company(s), that the Certificate(s) of Insurance and policies shall be construed as primary, and City’s insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory.

13.0 Payroll Records

13.1 Consistent with Labor Code Section 1776, Contractor and each subcontractor shall maintain accurate weekly certified payroll records showing the name, address, social security number, work classification, straight time and overtime hours paid each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed in connection with the work. Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury.

13.2 The payroll records described herein shall be certified and submitted by Contractor at a time designated by City. Contractor shall also provide the following:
1) A certified copy of the employee’s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
2) A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the Department of Industrial Relations (“DIR”).

The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) of the DIR or shall contain the same information as the forms provided by the DLSE.

Any copy of records made available for inspection and furnished upon request to the public shall be marked or obliterated in such a manner as to prevent disclosure of an individual’s name, address, and social security number. The name and address of Contractor or any subcontractor shall not be marked or obliterated.

13.3 Pursuant to Labor Code Section 1775, Contractor and any subcontractor under the Agreement shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the DIR for the work or craft in which the worker is employed for any public work done under the Agreement by DocuSign Envelope ID: C680F99B-AC97-43D8-B687-1B82F5432562 2026-06-17 Item #08D Page 24 of 39 2026-08-19 Item #10C Page 37 of 52 Gen Services & Maint (Non-Fed / Prev Wage) – 05/03/2023 – SM Page 8 of 14 Contractor or, except as provided by statute, by any subcontract under the Agreement. Upon the request of the DIR, such penalties shall be withheld from Agreement payments.

14.0 Prevailing Wage And Enforcement Compliance

14.1 This is a prevailing wage contract and prevailing wage rates for this locality and project as determined by the Director of the DIR apply, pursuant to labor code section 1770, et. Seq. A copy of the prevailing wage rates shall be posted on the job site by Contractor. A schedule of prevailing wage rates is available for review at City’s offices or may be found on the internet at http://www.dir.ca.gov/Public-Works/Prevailing-Wage.html. Contractor shall be required to pay at least the wage rates set forth in that schedule. Certified Payroll records shall be maintained by Contractor and copies of the certified payroll shall be electronically sent to the DIR and be delivered to City at the end of each month during the entire duration of the project.

Contractor is subject to compliance monitoring and enforcement by the DIR. Subject to exceptions as set forth in Labor Code section 1771.1, Contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined by statute, unless it is currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5.

City may not accept a bid nor any contract or subcontract entered into without proof of Contractor or subcontractor’s current registration to perform public work pursuant to Section 1725.5. For more information, go to http://www.dir.ca.gov/Public-Works/Certified-Payroll-Reporting.html.

Contractor shall be aware of the requirements of Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Since this Project involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the DIR located at www.dir.ca.gov/dlsr/. In the alternative, Contractor may view a copy of the prevailing rates of per diem wages at City’s offices. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform work on the Project available to interested parties upon request and shall post copies at Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.

14.2 Contractor and each subcontractor shall forfeit as a penalty to City not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate for any work done by him, or by any subcontractor under him, in violation of the provisions of the Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by Contractor.

Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages earned.

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15.0 Employment Of Apprentices

15.1 Contractor’s attention is directed to the provisions of Sections 1777.5, 1777.6, and 1777.7 of the Labor Code concerning employment of apprentices by Contractor or any subcontractor. Contractor shall obtain a certificate of apprenticeship before employing any apprentice pursuant to Section 1777.5, 1777.6, and 1777.7 of the Labor Code. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of the DIR, the Administrator of Apprenticeships, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

16.0 Nondiscrimination/Equal Employment Opportunity

16.1 Pursuant to Labor Code Section 1735 and other applicable provisions of law, Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap on this Project. Contractor will take affirmative action to ensure that employees are treated during employment or training without regard to their race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap.

17.0 Labor/Employment Safety

17.1 Contractor shall maintain emergency first aid treatment for its employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. Contractor shall further comply with all other federal, state or local safety regulations, as they may apply to its scope of work. City shall not be responsible for inspection of Contractor’s safety practices or for safety violations caused by Contractor.

18.0 Conflict of Interest

18.1 Contractor warrants and covenants that it presently has no interest in, nor shall any interest be hereinafter acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law, including, but not limited to, Government Code section 1090. If any principal provider of services is a “consultant” for the purposes of the Fair Political Practices Act (Gov. Code § 81000 et seq.), each such person shall comply with Form 721 Statement of Economic Interests filing requirements in accordance with state or City local Conflict of Interest Code. In addition, if any other conflict of interest should nevertheless hereinafter arise, Contractor shall promptly notify City of the existence of such conflict of interest so that City may determine whether to terminate this Agreement.

19.0 General Provisions

19.1 Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is San Diego County, North County Judicial Branch, California.

19.2 Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

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19.3 If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

20.0 Contractor’s Books and Records/Audit Right

20.1 Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor.

20.2 Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.

20.3 Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Attorney, City Council, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available for review and copying at Contractor’s address indicated for receipt of notices in this Agreement.

20.4 City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained in the City Manager’s office. Access to such records and documents shall be granted to any party authorized by Contractor’s representatives, or Contractor’s successor in interest.

21.0 Written Notification

21.1 Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent by prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City:

City of Encinitas
Attn: Isam Hireish
160 Calle Magdalena
Encinitas, CA. 92024

If to Contractor:

Burtech Pipeline
Attn: Dominic Burtech
102 Second Street
Encinitas, CA. 92024
DocuSign Envelope ID: C680F99B-AC97-43D8-B687-1B82F5432562 2026-06-17 Item #08D Page 27 of 39 2026-08-19 Item #10C Page 40 of 52 Gen Services & Maint (Non-Fed / Prev Wage) – 05/03/2023 – SM Page 11 of 14

22.0 Contractor’s Awareness And Compliance With The Americans With Disabilities Act Of 1990

22.1 Contractor certifies that Contractor is aware of the requirements of the Americans with Disabilities Act of 1990 (42 U. S. Code §12101) and has complied with and will comply with these requirements, including but not limited to verifying compliance of their contractors, consultants, agents and employees.

DocuSign Envelope ID: C680F99B-AC97-43D8-B687-1B82F5432562 2026-06-17 Item #08D Page 28 of 39 2026-08-19 Item #10C Page 41 of 52 Gen Services & Maint (Non-Fed / Prev Wage) – 05/03/2023 – SM Page 12 of 14

23.0 Execution of Agreement
The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

Burtech Pipeline Inc. CITY OF ENCINITAS
By: __________________________ By: __________________________ Dominic Burtech (Date) Pamela Antil (Date)

President City Manager
(Title) (Title)
By: __________________________
Julie Burtech (Date)
Secretary
(Title)

APPROVED AS TO FORM
________________________________
City Attorney (Date)
NOTE: Pursuant to California Corporations Code Section 313, if Contractor is a corporation or nonprofit organization, this Contract must be signed by (a) the Chairperson of the Board, President or Vice-President and (b) the Secretary any Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer.

DocuSign Envelope ID: C680F99B-AC97-43D8-B687-1B82F5432562 9/6/2023
9/11/2023
9/12/2023
9/13/2023
2026-06-17 Item #08D Page 29 of 39 2026-08-19 Item #10C Page 42 of 52 Gen Services & Maint (Non-Fed / Prev Wage) – 05/03/2023 – SM Page 13 of 14 ATTACHMENT “A”
CONTRACTOR’S SCOPE OF WORK
Contractor: ________________________________________
Contractor’s Initials: ______
Date: _________________
DocuSign Envelope ID: C680F99B-AC97-43D8-B687-1B82F5432562 9/6/2023
2026-06-17 Item #08D Page 30 of 39 2026-08-19 Item #10C Page 43 of 52 Gen Services & Maint (Non-Fed / Prev Wage) – 05/03/2023 – SM Page 14 of 14 ATTACHMENT “B”

PAYMENT OF SERVICES
Contractor: ________________________________________
Once invoice is submitted and approved by the City, City payment will be made within 30 days of approval.

DocuSign Envelope ID: C680F99B-AC97-43D8-B687-1B82F5432562 2026-06-17 Item #08D Page 31 of 39 2026-08-19 Item #10C Page 44 of 52 Amendment No. 1 to the Agreement Between the City of Encinitas and Burtech Pipeline Inc. Page 1 AMENDMENT #1 TO THE AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES BETWEEN THE CITY OF ENCINITAS AND BURTECH PIPELINE INC.

1.0 PARTIES
This Amendment #1 is made and entered into on the date of execution by the City of Encinitas, a municipal corporation, hereinafter referred to as “City”, and Burtech Pipeline Inc. a California C Corporation, hereinafter referred to as “Consultant.”

2.0 RECITALS
WHEREAS, City and Consultant entered into a Contract for a term that began on September 13, 2023, and that expires on September 13, 2024; and
WHEREAS, Under the terms of the Contract, the City may extend the agreement up to three (3) additional one-year periods from the original termination date; and WHEREAS, The parties wish to extend the term of the Contract by the first (1) additional one-year period to September 13, 2025; and
NOW THEREFORE, for good and valuable consideration, City and Contractor agree as follows:

3.0 TERMS

3.1 The Contract between the City of Encinitas and Consultant is extended for one (1) additional one-year period, and will now expire on September 13, 2025.

3.2 All other terms, conditions and obligations contained in the Agreement shall remain in full force and effect.

CITY OF ENCINITAS BURTECH PIPELINE INC.

Pamela Antil, City Manager Date Dominic Burtech, President Date Julie Burtech, Secretary Date
APPROVED AS TO FORM:

Tarquin Preziosi, City Attorney Date
Docusign Envelope ID: 5FD49DBE-3519-428F-8A15-799B1F3EE7E0 9/12/2024
9/12/2024
9/12/2024
For 9/12/2024
2026-06-17 Item #08D Page 32 of 39 2026-08-19 Item #10C Page 45 of 52 Amendment No. 2 to the Agreement Between the City of Encinitas and Burtech Pipeline Inc. Page 1 AMENDMENT #2 TO THE AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES BETWEEN THE CITY OF ENCINITAS AND BURTECH PIPELINE INC.

1.0 PARTIES
This Amendment #2 is made and entered into on the date of execution by the City of Encinitas, a municipal corporation, hereinafter referred to as “City”, and Burtech Pipeline Inc. a California C Corporation, hereinafter referred to as “Contractor.”

2.0 RECITALS
WHEREAS, City and Contractor entered into an Agreement for Professional Consulting Services (“Agreement”) for a term that began on September 13, 2023, and that expires on September 13, 2024; and WHEREAS, City and Contractor executed Amendment #1 to the Agreement on September 12, 2024 exercising the first of three renewal options to extend the term for one year commencing September 13, 2024, and ending September 13, 2025 with a total not-to-exceed contract amount of $10,000; and WHEREAS, Contractor performed emergency sewer force main repairs at 1680 South Coast Highway 101 on August 15, 2024; and
WHEREAS, City and Contractor mutually agree to increase the payment for services (pursuant to Section 4.0); and
NOW THEREFORE, for good and valuable consideration, City and Contractor agree as follows:

3.0 TERMS

3.1 Under Section 4.0 Payment for Services (Attachment B), City and Contractor mutually agree to increase the total not-to-exceed amount of the Agreement. The total contract payment for services shall not exceed $19,232.

3.2 All other terms, conditions and obligations contained in the Agreement shall remain in full force and effect.

CITY OF ENCINITAS BURTECH PIPELINE INC.

Pamela Antil, City Manager Date Dominic Burtech, President Date Julie Burtech, Secretary Date
APPROVED AS TO FORM:

Tarquin Preziosi, City Attorney Date
Docusign Envelope ID: F78A326A-F8D5-4EFE-A5E8-EBC866D0E77D 10/23/2024
10/23/2024
10/23/2024
10/23/2024
2026-06-17 Item #08D Page 33 of 39 2026-08-19 Item #10C Page 46 of 52 Gen Services & Maint (Non-Fed / Prev Wage) – 03/07/2024 – LD ATTACHMENT “B”

PAYMENT OF SERVICES
Contractor: BURTECH PIPELINE, INC.

Once invoice is submitted and approved by the City, City payment will be made within 30 days of approval.

Total contract cost not-to-exceed $19,232.

Docusign Envelope ID: F78A326A-F8D5-4EFE-A5E8-EBC866D0E77D 2026-06-17 Item #08D Page 34 of 39 2026-08-19 Item #10C Page 47 of 52 Gen Services & Maint (Non-Fed / Prev Wage) – 03/07/2024 – LD Contractor’s Initials: ______
Date: __________________
Docusign Envelope ID: F78A326A-F8D5-4EFE-A5E8-EBC866D0E77D 10/23/2024
2026-06-17 Item #08D Page 35 of 39 2026-08-19 Item #10C Page 48 of 52 1 AMENDMENT #3 TO THE

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES BETWEEN
THE CITY OF ENCINITAS AND BURTECH PIPELINE, INC.

1.0 PARTIES
This Amendment #3 is made and entered into on the date of execution by the City of Encinitas, a municipal corporation, hereinafter referred to as “City”, and Burtech Pipeline Inc., a California C Corporation, hereinafter referred to as “Contractor.”

NOW, THEREFORE, in consideration of the mutual benefits to be derived thereupon, the parties agree to amend the Contract as follows:

3.0 TERMS

3.1 The Contract between the City of Encinitas and Consultant is extended for one (1) additional one-year term and will now expire on September 23, 2026.

3.2 Except as otherwise provided above, all the provisions of the Contract between the City of Encinitas and Consultant effective on September 13, 2023, shall remain in full force and effect.

Docusign Envelope ID: 8AE1F5B7-012C-439E-9DA4-F5B24FB3997E 2026-06-17 Item #08D Page 36 of 39 2026-08-19 Item #10C Page 49 of 52 2 4.0 EXECUTION OF AGREEMENT
The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

Burtech Pipeline Inc. City of Encinitas
By____________________________________ By_______________________________ Dominic Burtech Date Jennifer Campbell Date
President City Manager

Burtech Pipeline Inc.

By _____________________________________
Julie Burtech Date
Secretary
APPROVED AS TO FORM:
________________________________________
Tarquin Preziosi Date
City Attorney
NOTE: Pursuant to California Corporations Code Section 313, if Contractor is a corporation or nonprofit organization, this Contract must be signed by (a) the Chairperson of the Board, President or Vice-President and (b) the Secretary any Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer.

Docusign Envelope ID: 8AE1F5B7-012C-439E-9DA4-F5B24FB3997E 9/9/2025
9/10/2025
9/10/2025
9/10/2025
2026-06-17 Item #08D Page 37 of 39 2026-08-19 Item #10C Page 50 of 52 1 AMENDMENT #4 TO THE

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES BETWEEN

THE CITY OF ENCINITAS AND BURTECH PIPELINE, INCORPORATED

1.0 PARTIES
This Amendment #4 is made and entered into on the date of execution by the City of Encinitas, a municipal corporation, hereinafter referred to as “City”, and Burtech Pipeline Incorporated, a California C Corporation, hereinafter referred to as “Contractor.”

2.0 RECITALS
WHEREAS, the City of Encinitas and Contractor entered into an Agreement for Professional Consulting Services (“Agreement”) for a term that began on September 13, 2023, and that expires on September 13, 2024; and
WHEREAS, the City and Contractor executed Amendment #1 to the Agreement on September 12, 2024 exercising the first of three renewal options to extend the term for one year commencing September 13, 2024, and ending September 13, 2025 with a total not-to-exceed contract amount of $10,000; and
WHEREAS, the City and Contractor executed Amendment #2 to the Agreement on October 23, 2024 for emergency sewer force main repairs, increasing the total not-to-exceed amount to $19,232; and
WHEREAS, the City and Contractor executed Amendment #3 to the Agreement on September 10, 2025, exercising the second of three renewal options to extend the term for one year commencing September 13, 2025, and ending September 13, 2026; and WHEREAS, Contractor performed emergency sewer force main repairs near 1300 N Coast Highway 101 on July 28, 2025; and
WHEREAS, Contractor performed emergency sewer force main repairs near 5760 N Coast Highway 101 on August 18, 2025; and
WHEREAS, the City and Contractor mutually agree to increase the payment for services (pursuant to Section 4.0); and
NOW, THEREFORE, in consideration of the mutual benefits to be derived thereupon, the parties agree to amend the Contract as follows:

3.0 TERMS

3.1 Under Section 4.0 Payment for Services (Attachment B), the City and Contractor mutually agree to increase the total not-to-exceed amount of the Agreement. The total contract payment for services shall not exceed $39,369.

3.2 Except as otherwise provided above, all the provisions of the Contract between the City of Encinitas and Consultant effective on September 13, 2023, shall remain in full force and effect.

Docusign Envelope ID: 6F0194B4-A2B3-4733-A633-37802559CA3D 2026-06-17 Item #08D Page 38 of 39 2026-08-19 Item #10C Page 51 of 52 2 4.0 EXECUTION OF AGREEMENT
The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

Burtech Pipeline Incorporated City of Encinitas
By____________________________________ By_______________________________ Dominic Burtech Date Jennifer Campbell Date
President City Manager

Burtech Pipeline Incorporated
By _____________________________________
Julie Burtech Date
Secretary
APPROVED AS TO FORM:
________________________________________
Ajit Thind Date
City Attorney
NOTE: Pursuant to California Corporations Code Section 313, if Contractor is a corporation or nonprofit organization, this Contract must be signed by (a) the Chairperson of the Board, President or Vice-President and (b) the Secretary any Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer.

Docusign Envelope ID: 6F0194B4-A2B3-4733-A633-37802559CA3D 12/8/2025
12/8/2025
12/8/2025
12/8/2025
2026-06-17 Item #08D Page 39 of 39 2026-08-19 Item #10C Page 52 of 52

Encinitas City CouncilAugust 19, 2026

Encinitas City Council
August 19, 2026