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Home My WebLink About1983-02-15; City Council; Resolution 71407140 RESOLUTION NO. A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CARLSBAD, AUTHORIZING THE VISTA SAM1 TATION DISTRICT TO EXECUTE AXENDMEPJTS STEP 2 AND STEP 3 ENGINEERIPJG SERVICES FOR PHASE I11 UPGRADING AND ENLARGEFTENT OF THE TO CONTRACTS WITH BROWN AND CALDIVELL FOR ENCINA WATER "xoN CONTROL FACILITY WHEREAS, the CITY OF CARLSBAD, VISTA- SANITATION DlSTrlZCT, (VSD) LEUCADIA COUNTY WATER DISTRICT, BTJENA SANITATION DISTRICT, SAN &!ARCOS COUNTY WATER DISTRICT, and. ENCINITAS SANITARY DISTRICT are parties to a Joint Powers Agreement ("Basic Agreement") which provides for the operation anc? maintenance of a joint sewer system commonly known as the ENCINA WATER POLLIJTIOPJ CONTROL FACILITY (EWPCF) : and WHEREAS, a.n expansion of Unit I of the EWPCF, known as Phase 111 Enlargement and Upgrading, is currently und-er construction providing for an increase in capacity from 13.75 MGD to 18.0 MGD; WHERRAS, VSD is the administrator for the Encina Joint Powers of said Phase I11 Upgrading and Enlargement by virtue of the Seventh Su;?plernent to said "Basic Agreement"; and WHEREAS, VSD, as said administrator, has entered in%o written agreements with Brown and Caldwell for Step 2 and Step 3 Engineering Services for said Phase I11 [Jpgrading and Enlargement which agreements provide in part for cost reimbursement of "Indirect Costs"; and WHEREAS, said. agreements further provide that indirect costs are the product of all direct labor costs multiplied by an overhead rate: and ' : WHEREAS, specific percentages were set forth in said agree- ments as interim rates for billing purposes subject to later adjustments by establishment of provisional rates: and WHERZAS, all such provisional rates are subject to review and adjustment upward or downward by the United States Environ- mental Protection Agency (USEPA); and WHEREAS, the USEPA has audited Brown and Caldwell's records and has approved some of its overhead rates as final and approved others as provisional; and WHEREAS, there has been submitted to VSD by Brown and Caldwell requests that the agreements for Step 2 and Step 3 Engineering Services be amended to reflect final and provisional rates approved by the USEPA; and WHEREAS, the Joint Advisory Committee to the Encina Joint Powers has considered all such requests and has recommended to said Encina Joint Powers that the request be approved and that VSD be authorized to execute amendments to its agreements with Brown and Caldwell to reflect changes in the overhead rates from those interim rates established in the original agreements: and WHEREAS, it is in the best interests of this City to execute the Twenty-First Supplement to the "Basic Agreement", which supplement provides authorization to VSD to execute the amendments requested by Brown and Caldwell: and WHEREAS, a copy of the Twenty-First Supplement is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the City Council of the CITY OF CARLSBAD, as follows: -2- . Section No. 1: That the mayor of this City be, and is, hereby authorized to execute the Twenty-First Supple- Kent to the "Basic Agreement" for the Encina Joint Sewer System. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on thel5thIay of FebrUaT , - 1983, by the following vote, to wit: AYES 5 NOES 0 Absent 0 -3- Y TWENTY-FIRST SUPPLEMENT TO BASIC AGREEMENT OF ENCIP?A JOJNT POWERS AUTHORIZING VISTA SAMJTATION DISTRICT TO AMEND ITS CONTRACTS WITH RKOWTJ AND CALDLJELL FOR STEP 2 AND 3 ENGINEERIMG SERVICTS FOR PHASE I11 UPGRADING AND ENLARGEMENT OF THE ENCINA WATER POLLUTION CONTROL FACILITY This Twenty-First Supplement is made and entered into this /6d day of F~zWUM,~ , 1983, by and among: VISTA SANITATION DISTRICT (VISTA), a County Sanitation District; CITY OF CARLSBAD (CARLSBAD), a General Law City: SAN MARCOS COUNTY WATER DISTRICT (SAN MA!?COS), a County Water District; BUENA SANITATION DISTRICT (BUENA), a County Sanitation District; LEUCADIA COUNTY WATER DISTRICT (I,EUCADIA), a County Water District; and ENCINITAS SANITARY DISTRICT (ENCINITAS), a Sanitary District. Recitals A. VISTA, CARLSBAD, BUENA, SAN MARCOS, LEUCADIA, and ENCINITAS own and operate the ENCINA WATER POLLUTION CONTROL FACILITY and OCEAN OUTFALL (and related facilities), hereinafter referred to as EWPCF. B. An expansion of IJnit I of the EWPCF known as Phase I11 Upgrading and Enlargement is currently under construction provid- ing for an increase in capacity from 13.75 MGD to 18.0 MGD. C. VISTA is administrator of Phase I11 IJpqrading and Enlargement by virtue of the Seventh Supplement to the "Basic Agreement. 'I D. Cn June 7, 1978, and August 29, 1980, respectively, VISTA, as administrator for the Encina Joint Powers for Phase 111 Upgrading and Enlaryemcnt, entered into a contract with Brown and Caldwell, wherein the latter agreed to furnish Step 2 and Step 3 Engineering Services, respectively, on a cost reimbursement basis, approved by the IJnited 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 1.45 established by the agreement for 'Step 2 Basic Design Services has been heretofore applied for billing purposes to VISTA. G. The interim overhead rate of 1.50 established by the agreement for Step 3 Engineering Services has been heretofore applied for billing purposes to VISTA. H. The USEPA has approved final overhead rates for Brown and Caldwell in the percentages and for the years as follows: Fiscal Year Rate 9-26-78 to 9-28-79 9-30-79 to 9-28-80 163.8% 148.1% I. The USEPA has approved provisional overhea'd rates for Brown and Caldwell for 9-30-80 to 9-25-81.as 165.0%. J. Brown and Caldwell have request.ed of VISTA that the latter amend its agreements with the former to reflect the changes from the interim rates to final rates, where established, and to further amend said agreements to reflect provisional rates approved by the USEPA for 1980-1981 based upon 165.0%, and to utilize said rate of 1.65 for billing purposes for the fiscal year from 9-26-82 to 9-25-83 and from 9-26-82 to 9-25-84. -2- (' . ,. 0 e K. The Joint. Advisory Committee to the has approved each of the aforesaid requested Encina Joint Powers amendments and has recommended to the said Encina Joint Powers that the agreements with Brown and Caldwell be amended to reflect such amendments. L. Copies of the proposed amendments to the agreements for Step 2 and Step 3 Engineering Services are attached hereto marked Exhibits ''A" through "E" and incorporated herein by reference. M. This Twenty-First 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 fol.lows: 1. VISTA, as administrator for the Encina Joint Powers for Phase I11 rJpgrading and Enlargement of the EKPCF, is authorized to execute each of the amendments, copies of which are attached hereto marked Exhibits "A" through "E" and are more specifically identified as follows: Exhibj. t "A" : ! Exhibit "R" : Exhibit 'IC" : Amendment 6 to Agreement for Step 2 Engineering Services Between Vista Sanitation District and Brown and Caldwell for Phase 111 Enlargement and Ilpgrading of the EWPCF Step 2 Special Engineering Services-- Phase 111 Enlargement and IJpgrading of the EMPCF Amendment 2 to Master Agreement for Step 3 Engineering Services Between Vista Sanitation District and Brown and Caldwell for Phase I11 Enlargc- ment and [Jpyrading of the EWFCF. -3- . ,~ I. . 0 Exhibit 'ID'': Amendment 1 to Task Order No. 1 for Step 3 Engineerins Services--Phase 111 Enlaryenent and Upgrading of the EWPCF Exhibit "E": Amendment 1 to Task Order No. 6 for Step 3 Enyineerinq Services--Phase III Enlargement and Upgrading of the EWPCF 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 by a party hereto. on the last date that a counterpart hereof is executed IN WITNESS WIIEREOF, each party has caused this Twenty-First Supylenent to the "Basic Agreement" to be signed by its respec- tive officials heretofore duly authorized by the legislative body thereof. Approved by Resolution No.. on , 1983. VISTA SANITATION DISTRICT, BY Attest: Jean Hroolts, Clerk Approved by Resolution No* 7140 on Feb- 15 , 1983. ! Approved by Resolution No. on , 1987 CITY OF CARIJSBAD, MARY H. &UR, Mayor LEUCADIA COUNTY WATER DISTRICT -- BY -4- 1. -. Agprovec! by Resolution No. on ,1983. Approved by Resolution - No. on - , 1383, Approved by Resolution No. on I 1933. SAN MARCOS COIJNTY WATER DISTRICT, BUENA SANITATION DISTRICT , ENCINITAS SANITARY DISTRICT, -5- .. ~. . . ., - .. ." ... .. . .' AMENDmNT 6 TO AGREEMENT FOR STEP 2 ENGINEERING SERVICES BETWEN VISTA SANITATION DISTRICT AND BROWN AND CALDWELL FOR PHASE I11 ENLARGEMENT AND UPGRADING OF THE ENCINA WATER POLLUTION CONTROL FACILITY THIS AMENDMENT TO AGREEMENT is made and entered into this county sanitation district, hereinafter referred to as "DiStXiCt" or "Owner," and BROWN AND CALDWELL, a California Corporation, 1 hereafter referred to as "Engineer: '' , 1982, by and between the VISTA SANITATION DISTRICT, a 1' WITNESSETH: WHEREAS, parties hereto entered into an Agreement (herein- after referred to as Basic Agreement) on June 7, 1978, for Step 2 engineering services regarding Phase 111 Enlargement and Upgrading of the Encina Water Pollution Control Facility: and WHEREAS, the Basic Agreement was amended on December 6, 1978, (hereinafter referred to as Amendment No. 1) to expand the scope of work and compensation for Basic Step 2 services as a single construction contract; and WHEREAS, the Basic Agreement was amended on Mach 7, 1979, (hereinafter referred to as Amendment NO..^) to expand the scope of work for the Planned Basic Step 2 Design Service because of the change from biofiltration to activated sludge secondary treatment the estimated cost ceiling was increased from $1,040,000 to $1,303,163; and increased the Special Engineering Services allowance from $200,000 to $384,000 because of the additional design services associated with the preparation of the design in a series of multiple contracts; Amendment 2 also increased the cost ceiling for the Preliminary Design Services from $189,004 to $195,721; and WHEREAS, the Basic Agreement was amended on May 2, 1979, (hereinafter referred to as Amendment No. 3) to increase the cost ceiling for the Preliminary Design Services from $195,721 to $216,000; and (hereinafter referred to as Amendment No. 4) to increase the allowance for Special Engineering Services from $384,000 to $7 00,000 ; and WHEREAS, the Basic Agreement was mended on October 9, 1979, EXH I B I T "A" PAGE 1 OF 3 i L. 2 WHEREAS, the Basic Agreement was amended on April 2, 1980, (hereinafter referred to as Amendment No. 5) to increase the estimated cost ceiling for the Planned Basic Step 2 Design Services from $1,303,163 to $1,391,718; and WHEREAS, Engineer nas billed District on a monthly basis for a compensation of engineering services provided in accordance with the terms and conditions of the Basic Agreement and authorization from District; and WHEREAS, in Engineer's monthly billings to District for services authorized on a cost reimbursement basis, an interim billing overhead rate of 1.45 has been used in calculating the indirect costs for the Preliminary Design Services and an interim billing overhead rate of 1.50 has been used in calculating the indirect costs for the Basic Step 2 Services; and WHEREAS, based on the figures audited by an independent certified public accountant, the Engineer's actual overhead rate for the Fiscal Year (FYI 1977/78 was determined to be in excess of the above mentioned interim overhead billing rate and the interim rate was modified by Amendment 2 to a provisional overhead rate of 1.64 for FY 1977/78; and WHEREAS, in accordance with the provisions of the Basic Agreement, the U.S;'Environmental Protection Agency (USEPA) has approved an overhead rate for Engineer's FYs 1977/78, 1978/79 and 1979/80; and WHEREAS, Engineer has requested and District agrees to increase the estimated cost ceiling for these engineering services based on the final USEPA approved overhead rate; and WHEREAS, it is necessary to modify certain portions of the Basic Agreement to establish these new overhead rates. NOW, THEREFORE, it is agreed by and between the parties as follows: l. Add the following to Paragraph A.2.a. (2) , Exhibit "B" of the Agreement: In accordance with the above provisions, the following is a summary of the interim billing, provisional billing and final USEPA approved overhead rates: EXHIBIT "A" PAGE 2 OF 3 3 Interim Provisional Final USEPA billing billing approved overhead overhead overhead Enqineerinq services rate rate rate Preliminary design services 1977/78 1978/79 1.45 1.45 Basic step 2 services 1978/79 1.50 1979/80 1.50 1.64 - 1.608 1.481 1.481 1.563 2. Change the amount in Paragraph C.1.b.l (Design Tasks) of Exhibit B for the estimated cost ceiling from $1,391,718 to $1,405,040. IN WITNESS WHEREOF, District and Engineer have caused this Amendment to the Basic Agreement to be executed the day and date first written above. ATTEST : VISTA SANITATION DISTRICT Approved by Resolution No. BROWN AND CALDWELL, a California Corporation on BY Vice President EXH I B I T "A" PAGE 3 OF 3 BROWN AND CALDWELL November 1, 1982 0 n GALDWELL. PE Cnrirmrn 1 V LUTQE. PE Pioaidmnl E F MISCHE. PE Exec Vice Piel J L HARTFORD, PE Vice Pros . _. - . ._ . ", Mr. Dennis M. Reid General Manager Encina Joint Powers 6200 Avenida Encinas Carlsbad, California 92008 012-276" Subject: Step 2 Special Engineering Services-Phase 111 Enlargement and Upgrading of the Encina Water Pollution Control Facility Dear Mr. Reid: The U.S. Environmental Protection Agency (USEPA) has finalized our overhead rates for fiscal years (FY) ending September 28, 1979, and September 26, 1980. Rased on the provisions of our agreement, we are incorporating these rates into proposed Amendment 6 to our June 7, 1978 Agreement for Step 2 engineering services regarding Phase 311 Enlargement and Upgrading of the Encina Water Pollution Control Facility (EWPCF). The Special Engineering Services performed during the Step 2 engineering service require an indirect cost adjustment if the compensation was authorized as a cost reimbursement type compensation. Table P which is enclosed lists all the Special Engineering Services authorized in accordance with Article I1 of our agreement. Table 2 which is enclosed lists the Special Engineering Services which have a cost reimbursement type compensation and these require indirect cost adjustments. As can be seen from the table, the total additional billings would mount to $3,539.39. that the revised cost ceiling shown in Table 2 be approved as the revised cost ceiling. the special engineering services allowance is less than that authorized in Exhibit B, Paragraph C.2. It is requested With these additional indirect cost adjustments BROWN AND CALDWELL 150 SOUTH ARROYO PARKWAY, BIN 83. ARROYO ANNEX. PASADENA. CA 91109 (213) 577-1020 A114N TA OAL.LAtr 1 I WOATt.1 1)tNVEH EUGENE PASADENA SACRAMENTO SEATTLE TUCSON WALNUT CfltiK WESTWOOO EXH I B I T "B" j2 PAGF 1 nF 4 Id Mr. Dennis M. Reid November 1, 1982 Page two Please sign this letter, if you concur with the revised cost ceilings shown in Table 2, and furnish a fully executed original for our files upon your approval. We have been informed by a representative of the State Water Resources Control Board that a USEPA Form 5700-41 is not required for these increased rates. If you have any questions regarding this request, please call me or Mr. Paul Schulte, our project manager. Very truly yours, Approved by VISTA SANITATION DISTRICT, ! BROWN AND CALDWELL 150 SOUTH ARROYO PARKWAY, BIN 03, ARROYO ANNEX, PASADENA, CA 91109 (213) 577-1020 R9 VTO SEATTLE TUCSON WALNUT CREEK WESTWOOD kVfB1~ 3 I ATLANTA DALLASFT WOFITH DENVkR EUGENE) PAW t nA.pr 3 nc ,!.I . Enqineerhg Service5 T* I Encina Phaae I11 - ep I1 specia - sunmary Job Sumbar 276- Apgroved Total invoiced and paid 2 ,015.81 4,876.73 5,009.11 25,422.96 95,235.63 35,752.90 37,418.79 93,974.60 17,634.47 44.473.00 26,043.24 7,928.56 10,348.27 5,612.74 49,219 .OE 26,855.01 17,390.21 26.ao8.i: 1i ,372.73 15 ,098.O( 29,635. Of 36,908.X 12,410.0( 24,327.8; ditianal ndiract cost rofas- onal fco Price :ailing :stbated cost :ailing Total compen- sation Engineering Service - ~~ %now "AJI constructed" conditions Application .Cor modification Of Seconduy hcAPwnt %qll~ainlUlm assistanC(I Review of Wastewater ChrracterLstrcs Asoisrance and =cordmation vith Construction .%age- mnz Consultant ?art 1 Additional Xork :or Xultrple Contracts I '*at. of Financial Tlan and Rsvonuo Program Design Extension of Avenida Enclnas additionai Xork Lor Xulti2ls Contracts 11 ilrnistanco and Cocrdrnation vith Canstnctran maqe- mnt Consultant - I1 Printing of Cantract Document I - Contracts 1-9 Assirtanco with Bidding I Contracts 1-7 Assistance vrth Cost Sharing arranpmnto Assistance vith EligrSrlity Acoustical Zonsultinq service assistance vrth aiddhg-I1 Addrtional arign Servicas I Solids Transportation and Storage I'quzgmant xedntenance and Fu.1 Dis- pMmq Station XsrlJtance and Cccrdination vrth Constrxtion Xanaqe- mnt Conrultant, ?art 3 Znqzr.earing Serrices EKOm 7lant Hods1 Additional Design Services :I Prxting ?t Cmtract %cumants I1 Additional 3esicjn Resulting from 'la1-s Engineering Stud PralLmrnary Step 3 Engineerin 50 53 54 56 57 69 70 71 75 76 81 a2 86 a7 as 39 90 91 32 93 91 95 96 37 3,314 4,960 5,331 25,512 - - - - 17,638 - 26,171 8,679 17,596 8,121 49,454 - - - 17,638 .E, 338 29,657 - - 25,384 3,514 4,960 5,331 25,572 95,270 39,785 37,655 94,362 17,638 44 0 495 26,171 8.679 17,596 8,121 49,454 27,071 18,174 27.2.53 17,638 15.098 29,657 36,908 12,414 25.384 2,015.81 4,876.73 5.009.11 5,422.96 94,632.69 - - - - 81,942 36,000 32,638 ai,m - 39,441 - - - - - 23,338 15,668 23,494 - - - 34,020 LO, 703 - - - - - 13,336 3,785 5,017 13,000 - 5,054 - - - - - 3,733 2,506 3,759 - - - 2,888 1,711 - - - - .. (602.34) (177.951 154.58 1,017.29 - 299.41 - - - 577.15 370.a~ 579.68 - - - 55.34 :65.8a 3s.574.35 Ii ,573.37 95,391.59 17,634. 4Y (4,772.41 26,043.28 7,928.56 10,348.22 5,612.74' 49,229 .OR 27,432.16 17,761.08 27~a8.43 17,372.31 15.098.30 29,635.96 36,963.34 1: ,675.94 24,127.87 Total 567, fa. 5: 688,200 Special Engineating All>war.cc 700.300 EXH I I3 I T "B" PAGE 3 OF 4 . ~able 2. Encina Phase 111.- BPP Step 2 Speciel Engineering Service. RoguFring Favisions to Cost Caillngs, dollars Engineering Services Additional Work for Multiple updato of Financial 21an and Design Extension of Avanida Encinaa Addttional Work for Multiple Printing of Contract Doamants I - Additional Cmrign Sarvican I solids Transportation and Storage Equipmant nnintenanco ad he1 Diepenning Station Printing of Contract Occumants I1 Additional Dosign h3sulttng from Value Enginerring Study Contracts I Ravenus Proqrm Contracts 11 :ontracts 1-9 sunwary job number 276- Approve4 estimated cost ceiliJlg ' 57 69 70 81,942 36,000 32,638 71 83,362 76 39,441 89 23,338 90 91 9s 15,668 23,494 34,020 20,703 378,605 %tal coats invoiced and paid a 81,899.63 31,967- 90 32,401.79 80,974.60 39,419.00 23 ,I22.01 14,884.23 23,049.75 34,020.00 IO ,699.06 372,417.97 Mdi tional indirect cost b (602.94) (177.9s) 154.58 2,017.39 299.41 577.15 370.85 579.68 55.34 26s. 88 3,539.39 +vised cont caili nq 81,297 31,790 32,557 02,992 39,719 23,699 15,256 23,630 34,076 10,964 ._ ~ 375,980 'Wen not include professional fee that van invoiced and paid. bkdditional indirect costs rasulting from proposed overhead adjurtmmanu. EXH I B 1 T "B" PAGE 4 OF 4 AMENDMENT 2 TO MASTER AGREEMENT FOR STEP 3 ENGINEERING SERVICES BETWEEN VISTA SANITATION DISTIiICT AND BROWN AND CALDWELL FOR PHASE I11 ENLARGENENT AND UPGRADING OF THE ENCINA WATER POLLUTION CONTROL FACILITY THIS ANEXDMXNT TO AGREEMENT made and entered as of day of , 1982, by and between the Vista Sanitation District, hereafter referred to as "District" or llOwner", and Brown and Caldwell, a California corporation authorized to provide consulting engineering services, hereafter referred to as "Engineer". WITNESSETH: WHEREAS, District entered into a Step 3 engineering services agreement with the Engineer on August 29, 1980, for certain engineering services during construction of the Phase 111 Enlargement and Upgrading of the Encina Water Pollution Control Facility (herein- after referred to as the "Xaster Agreement"); and WHEREAS, the Plaster Agreement was amended by Amendment 1 to increase the scope of work and the estimated total compensation; and WHEREAS, Engineer has billed District on a monthly basis for a compensation of engineering services provided in accordance with the terms and conditions of the Master Agreement and authorization from District; and WHEREAS, in Engineer's monthly billings to District for services authorized on a cost reimbursement basis, an interim billing overhead rate of 1.50 has been used in calculating the indirect costs; and Agreement, the United States Environmental Protection Agency (USEPA) has approved an overhead rate for Engineer's Fiscal Year (FY) 1979/80; and 1981, and based on the figures audited by an independent certified public accountant, the actual overhead rate for the fiscal year was determined to be in excess of the above-mentioned interim billing overhead rates; and WHEREAS, in accordance with the provisions of the Master WHERkAS, Engineer's FY 1980/81 was concluded on September 25, ... EXH I B I T "CN PAGE. 1 OF 3 WHEREAS, in accordance with the provisions of the Basic Agreement, Engineer has requested that a provisional billing overhead rate be established for Engineer's FY 1980/81; and increase the estimated total compensation for these engineering services to allow for changes in the overhead billing rates; and t4aster Agreement to sstahlish these revisions. WHEREAS, Engineer has requested and the District zgrees to WHEREAS, it is necessary to modify certain portions of the NOW, THEREFORE, District and Engineer agree as follows: 1. Add the following to Paragraph A.1.a. (2), Exhibit "B" of the 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 overhead overhead overhead Period rate rate rate 1.563 September 29, 1979 September 26, 1980 -- through 1.50 September 27, 1980 September 25, 1981 through 1.50 1.62 2. In Paragraph C.1. of Exhibit "B", change the estimated total compensation from $1,239,000 to $1,287,500. All other provisions of this Master Agreement between District and Engineer shall remain in full force and effect. 3. i EXH I I3 IT "C" PAGE 2 OF 3 .. /' . IN WITNESS WHEREOF, District and Engineer have caused this Amendment to the Master Agreement to be executed the day and date first written above. ATTEST : BY Approved by Resolution No. on I VISTA SANITATION DISTRICT BY BROWN AND CALDWELL, a California Corporation BY EXH I BI T "C" PAGE 3 OF 3 .*. AMENDMENT 1 TO TASK ORDER NO. 1 FOR STEP 3 ENGINEERING SERVICES P.3ASE XI1 ENLARGEMENT AND UPGRADING THE ENCINA WATER POLLUTION CONTROL FACILITY OF THIS ~ENDMENT TO TASK ORDER NO. 1 is made and entered into by and between the Vista Sanitation District, hereinafter referred to a9 ''District" and Brown and Caldwell, hereinafter referred to as "Engineer. " WITNESSETH: WHEREAS,' on July 18, 1980, District authorized Engineer to proceed with certain work under Task Order No. 1; and WHEREAS, Engineer has billed District on a monthly basis for a compensation of engineering services provided in accordance with the terms and conditions of the Basic Agreement and autho- rization from District; and WHEREAS, Engineer's monthly billings to District far services authorized on a cost reimbursement basis, an interim billing overhead rate of 1.50 has been used in calculating the indirect costs; and WHEREAS, in accordance with the provisions'of the Basic Agreement, the U.S. Environmental Protection Agency (USEPA) has approved an overhead rate €or Engineer's Fiscal Year (FYI 1979/80; and WHEREAS, it is necessary to modify certain portions of the Basic Agreement to establish these new overhead rates. NOW, THEREFORE, District and Engineer agree as follows: 1. In Article IV, Compensation of Task Order No. 1, add the following: . In accordance with the applicable provisions of Exhibit B of the B+c Agreement, the following is a sununary of the interim and final USEPA approved overhead rates: Interim Final USEPA billing approved overhead overhead Period rate rate September 29, 1979 September 26, 1980 through a. 50 1.563 EXH I B I T "D" PAGE 1 OF 2 I 2. This Amendment to Task Order No. 1 is effective on the date it is executed by the District. VISTA SANITATION DISTRICT BY . EXH I B I T “D” PAGE 2 OF 2 Date 31 AMENDMENT 1 TO TASK ORDER NO. 6 FOR STEP 3 ENGINEERING SERVICES PHASE I11 ENLARGEMENT AND UPGRADING OF THE ENCINA WATER POLLUTION CONTROL FACILITY THIS AMENDMENT TO TASK ORDER NO. 6 is made and entered into by and between the Vista Sanitation District, hereinafter referred to as "District" and Brown and Caldwell, hereinafter referred to as "Engineer". WITNESSETH: WHEREAS, on September 15, 1982, District authorized Engineer to proceed with certain work under Task Order Yo. 6; and WHEREAS, Engineer has billed District on a monthly basis for a compensation of engineering services provided in accordance with the terms and conditions of the Basic Agreement and authorization from District; and WHEREAS, in Engineer's monthly billings to District for services authorized on a cost reimbursement basis, an interim billing overhead rate of 1.50 has been used in calculating the indirect costs for fiscal years through 1981/82; and September 25, 1981, and based on the figures audited by an independent certified public accountant, the actual overhead rate for the fiscal year was determined to be in excess of the above- mentioned interim billing overhead rates; and Agreement, Engineer has requested that a provisional billing over- head rate be established for Engineer's fiscal year 1980/81; and WHEREAS, Engineer's fiscal year 1980/81 was concluded on WHEREAS, in accordance with the provisions of the Basic ' WHEREAS, Engineer has requested and District agrees to increase the estimated cost ceiling for these engineering services based on the provisional billing overhead rate; and Basic Agreement to establish these new overhead rates. WHEREAS, it is necessary to modify certain portions of the EXH I B I T "EN PAGE 1 OF 3 NOW, THEREFORE, District and Engineer agree as follows: 1. In Article IV, Compensation of Task Order No. 6, add the following: In accordance with the applicable provisions of Exhibit B of the Basic Agreement, the following is a summary of the interim billing and provisional overhead rates: Interim billing Provisional overhead overhead . rate rate Period September 27, 1980 Septernber 25, 1981 through 1.50 1.62 2. In Article IV, Compensation of Task Order No. subparagraph a through d and substitute the following: 6, delete the a. Equipment Contracts 2, 5, 3/4 and 6 (Account No. 1016-270) Subtasks 1, 4, 7, 8 and 9 Basis of compensation: Cost reimbursement Estimated cost ceiling: 32,186 Fixed professional fee: 4,632 b. Contracts 1 and 7/9, (Account No. 1016-240) Subtasks 1, 2, 4, 7, 8 and 9 Basis of compensation: Cost reimbursement Estimated cost ceiling: 133 , 982 Fixed professional fee: 19,286 c. Contract 8, (Account No. 1016-230) Subtasks 1, 4, 5, 7, 8 and 9 Basis of compensation: Cost reimbursement Estimated cost ceiling: 69,697 Fixed professional fee: 10,058 . EXH I BI T "E" PAGE 2 OF 3 a3 " 1) d. Contract lO/ll, (Account No. 1016-250) Subtaslcs 1 throucjh 8, 10 and 13 Basis of compensation: Cost reimbursement Estimated cost ceiling: 541,737 Fixed professional fee: 79,485 3. This AmendmeiIc to Task Order No. 6 is effective on the date it is executed by the District. BROWN AND CALDWELL VISTA SANITATION DISTRICT BY BY Date EXH I B I T "E" PAGE 3 OF 3 d