HomeMy WebLinkAbout1983-02-15; City Council; 7158-2; Twenty-First Supplement to Basic Agreement Encina Water Pollution Control FacilitiesOUJ
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CARLSBAD - AGENDk-felLL
AR* 7158-2
MTG 2/15/83
DEPT UTL
TITLE:
TWENTY-FIRST SUPPLEMENT TO BASIC
AGRbEMENl - ENCINA WATER POLLUTION
CONTROL FACILITIES
DEPT. HDj^t
CITY ATTY_ySS-
CITY MGR.^^
RECOMMENDED ACTION:
Approve Resolution No.authorizing the Mayor to execute the
21st Supplement to the Basic Agreement for Encina Water Pollution Control
Faciliites.
ITEM EXPLANATION:
The overhead rates for Step 2 and 3 engineering services for the Encina Phase III
expansion were established in the original agreement as interim rates. The
interim rates were to be adjusted after audit by EPA to provisional and/or final
rates. EPA has audited these interim rates and approved final rate for 9-26-78
through 9-28-80 and approved provisional rates for 9-30-80 to 9-25-81. The net
result of these audited rates is a change in the ceiling for services from
$1,391,718 to $1,405,040 or an increase of $13,322. This supplement approves
this increase.
FISCAL IMPACT:
Total project costs will be increased $13,322 of which Carlsbad will contribute
about $3,437. These funds have previously been authorized to the Vista Trust
Fund as contingencies and no additional contributions from the Sanitation Fund
are required.
EXHIBITS:
1. Resolution No. 7/
2. 21st Supplement to Basic Agreement
RESOLUTION NO. 7140
A RESOLUTION BY THE CITY COUNCIL OP THE
CITY OF CARLSBAD, AUTHORIZING THE VISTA
SANITATION DISTRICT TO EXECUTE AMENDMENTS
TO CONTRACTS WITH BROWN AND CALDWELL FOR
STEP 2 AND STEP 3 ENGINEERING SERVICES FOR
PHASE III UPGRADING AND ENLARGEMENT OF THE
ENCINA WATER POLLUTION CONTROL FACILITY
WHEREAS, the CITY OF CARLSBAD, VISTA SANITATION DISTRICT,
(VSD) LEUCADIA COUNTY WATER DISTRICT, BUENA SANITATION DISTRICT,
SAN MARCOS COUNTY WATER DISTRICT, and ENCINITAS SANITARY DISTRICT
are parties to a Joint Powers Agreement ("Basic Agreement") which
provides for the operation and maintenance of a joint sewer
system commonly known as the ENCINA WATER POLLUTION CONTROL
FACILITY (EWPCF); and
WHEREAS, an expansion of Unit I of the EWPCF, known as Phase
III Enlargement and Upgrading, is currently under construction
providing for an increase in capacity from 13.75 MGD to 18.0 MGD;
WHEREAS, VSD is the administrator for the Encina Joint
Powers of said Phase III Upgrading and Enlargement by virtue of
the Seventh Supplement to said "Basic Agreement"; and
WHEREAS, VSD, as said administrator, has entered into
written agreements with Brown and Caldwell for Step 2 and Step 3
Engineering Services for said Phase III Upgrading 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
WHEREAS, 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:
— O —
3
Section No. 1 : That the mayor of this City be, and is, hereby
authorized to execute the Twenty-First Supple-
ment 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 thelStteay of February ,
1983, by the following vote, to wit:
AYES 5 NOES 0 Absent 0
*J
Mayor
-3-
TWENTY-FIRST SUPPLEMENT TO BASIC AGREEMENT
OF ENCINA JOINT POWERS AUTHORIZING VISTA
SANITATION DISTRICT TO AMEND ITS CONTRACTS
WITH BROWN AND CALDWELL FOR STEP 2 AND 3
ENGINEERING SERVICES FOR PHASE III UPGRADING
AND ENLARGEMENT OF THE ENCINA WATER POLLUTION
CONTROL FACILITY
This Twenty-First Supplement is made and entered into this
day of /^S^/^ei/ > 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 MARCOS), a County Water District; BUENA SANITATION DISTRICT
(BUENA), a County Sanitation District; LEUCADIA COUNTY WATER
DISTRICT (LEUCADIA), a County Water District; and ENCINITAS
SANITARY DISTRICT (ENCINITAS), a Sanitary District.
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 Unit I of the EWPCF known as Phase III
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 III Upgrading and
|
Enlargement by virtue of the Seventh Supplement to the "Basic
i
Agreement . " • '. •
D. On June 7, 1978, and August 29, 1980, respectively,
VISTA, as administrator for the Encina Joint Powers for Phase III
Upgrading and Enlargement, 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 United States Environmental Protection
Agency (USEPA) , and wherein the interim overhead rate to be
applied to the direct costs of Brown and Caldwell was agreed upon.
E. The aforesaid agreements provided in part that during
performance of the contract, the aforesaid interim overhead rate
would be later modified subject to approval by the USEPA.
F. The interim overhead rate of 1.45 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 9-28-79 160.8%
9-30-79 to 9-28-80 148.1%
I. The USEPA has approved provisional overhead rates for
Brown and Caldwell for 9-30-80 to 9-25-81. as 165.0%.
J. Brown and Caldwell have requested of VISTA that the
latter amend its agreements with the former to reflect the
•i
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.
,»•*«*>,
K. The Joint Advisory Committee to the Encina Joint Powers
has approved each of the aforesaid requested amendments and has
recommended to the said Encina Joint Powers that the agreements
with Brown and Caldwell be amended to reflect such amendments.
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 follows:
1. VISTA, as administrator for the Encina Joint Powers for
Phase III Upgrading and Enlargement of the EWPCF, 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:
Exhibit "A": Amendment 6 to Agreement for Step 2
Engineering Services Between Vista
Sanitation District and Brown and
Caldwell for Phase III Enlargement
,: and Upgrading of the EWPCF
Exhibit "B": Step 2 Special Engineering Services--
Phase III Enlargement and Upgrading
of the EWPCF
Exhibit "C": Amendment 2 to Master Agreement for
Step 3 Engineering Services Between
Vistci Sanitation District and Brown
and Ccildwell for Phase III Enlarge-
ment and Upgrading of the EWPCF.
-3-7
Exhibit "D": Amendment 1 to Task Order No. 1 for
Step 3 Engineering Services—Phase
III Enlargement and Upgrading of the
EWPCF
Exhibit "E Amendment 1 to Task Order No. 6 for
Step 3 Engineering 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 on the last date that a counterpart hereof is executed
by a party hereto.
IN WITNESS WHEREOF, each party has caused this Twenty-First
Supplement 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
7~1983.
Attest:_ _
Jean Brooks, Clerk
VISTA SANITATION DISTRICT,
By
Approved by Resolution
No.___7i40 _ _ on
February 15
_
1983.
Approved by Resolution
No. on
CITY OF CARLSBAD,
MARY H.^CASLER, Mayor
LEUCADIA COUNTY WATER DISTRICT
By_
-4-
Approved by Resolution
No.on
Approved by Resolution
No. on
, 19837
Approved by Resolution
No. ___ on
, 1933."
SAN MARCOS COUNTY WATER
DISTRICT,
By
BUENA SANITATION DISTRICT,
By
ENCINITAS SANITARY DISTRICT,
By
-5-
AMENDMENT 6 TO
AGREEMENT FOR STEP 2 ENGINEERING SERVICES
BETWEEN VISTA SANITATION DISTRICT
AND BROWN AND CALDWELL
FOR
PHASE III ENLARGEMENT AND UPGRADING OF THE
ENCINA WATER POLLUTION CONTROL FACILITY
THIS AMENDMENT TO AGREEMENT is made and entered into this__
1982, by and between the VISTA SANITATION DISTRICT, a
county sanitation district, hereinafter referred to as "District"
or "Owner," and BROWN AND CALDWELL, a California Corporation,
hereafter referred to as "Engineer:"
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 III 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 March 7, 1979,
(hereinafter referred to as Amendment No.-2) 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
WHEREAS, the Basic Agreement was amended on October 9, 1979,
(hereinafter referred to as Amendment No. 4) to increase the
allowance for Special Engineering Services from $384,000 to
$700,000; and
EXHIBIT "A"
PAGE 1 OF 3
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 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 1.45 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 (FY) 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:
1. 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 II
Engineering services
Preliminary design
services
1977/78
1978/79
Basic step 2 services
1978/79
1979/80
Interim
billing
overhead
rate
1.45
1.45
1.50
1.50
Provisional
billing
overhead
rate
1.64
Final USEPA
approved
overhead
rate
1.608
1.481
1.481
1.563
2. Change the amount in Paragraph C.l.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
By By
Approved by Resolution No,BROWN AND CALDWELL, a
California Corporation
on
By
Vice President
EXHIBIT "A"
PAGE 3 OF 3
r*
BROWN AND CALDWELL o.N C^LL, n c*.,.™
1 V IUIQE. ft Pr.t.d.dl
< -IMClll TIMf CM/~|MIM1C E. F. M1SCHE. PE e«.C VlCt Pr«(.ONSULTING ENGINI.IHS ._.-._._ _.„...... J.I HARTFORD, PE v,e.P...
November 1, 1982
Mr. Dennis M. Reid
General Manager
Encina Joint Powers
6200 Avenida Encinas
Carlsbad, California 92008 ' 012-276*
Subject: Step 2 Special Engineering Services—Phase III
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 (PY) ending September 28, 1979, and
September 26, 1980. Based 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 III 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 1 which is enclosed lists all the Special Engineering Services
authorized in accordance with Article II 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 amount to $3/539.39. it is requested
that the revised cost ceiling shown in Table 2 be approved as the
revised cost ceiling. With these additional indirect cost adjustments
the special engineering services allowance is less than that
authorized in Exhibit B, Paragraph C.2.
DROWN AND CALDWELL 150 SOUTH ARROYO PARKWAY, BIN 83, ARROYO ANNEX, PASADENA, CA 91109 (213) 577-1020
AHANTA OAUAUM WOIUH Dl.NVfcH EUGt.Nt HAtiAOLHA :iACHAMt.fjrO SLAITLL TUCSON. WALNUT CMLLK Wl.SIWOuDEXHIBIT "B"
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,
BROWN AND CALDW^LL Approved by VISTA SANITATION
DISTRICT,
m Hatftftird
Vice/Presiydent
JLH/PAS/AC: em
By.
DROWN AND CALDVVELL 150 SOUTH AnnOYO PARKWAY, BIN 03. ARROYO ANNEX. PASADENA. CAS1109 (213)577-1020
ATLANTA DALLAS -ft. WOfilH OLNVtR tUGLNti PAS : SIATTLE TUCSON WALNUTCHLLK WCS1WOOO
c
Table 1 En c In a Phase III - Step II Special Engineering Services
Engineering Service
Review "A* constructed"
condition!
Application for codification
of Secondary Treatnant
Requirements assistance
Review of Wistewater
Characteristics
Assistance and coordination
with Construction Manago—
nanc Consultant Part 1
Additional Work for Multiple
Contracts I
Update of Financial Planand Revenue Program
Design Extension of Avenida •
Encinis
Additional Work for Multiple
Contracts IX
Assistance and Coordination
with Construction Manaqe-
n»nt Consultant * II
Printing of Contract Documents
I - Contracts 1-9
Assistance vith Bidding I
ContractB 1-7
Assistance vith Cost sharing
Arrangements
Assistance with Eligibility
Acoustical Consulting
Service
Assistance with Sidding-II
Additional Design Services I
solids Transportation and
Storage Equipment
Maintenance and Fuel Dis-
pensing Station
Assiit&nce and Coordination
with Construction Manaqa-
nent Consultant, ?art 3
Engineering Services From
Plant Model
Additional design Services 11
Printing of Contract
Documents II
Additional Design Resulting
iron Value Engineering Study
Preliminary Step 1 Engineering
Total
Special Enginexnng
Allawar.cc
Suranary
Job
Number
276-
50
53
54
56
57
69
70
71
75
76
81
32
86
37
38
39
90
91
92
93
94
9S
96
>7
Approved
Estimated
cost
ceiling
-
- '
-
-
81,942
36,000
32,638
81,362
-
39,441
-
-
- ..
.
-
23,338
15,668
23,494
-
.
-
14,020
10,703
-
Profes-
ional foe
-
-
-
-
13,336
3,785
5,017
13,000
-
5,054
-
-
.
-
3.733
2,506
3,759
-
.
-
2,888
1,711
-
Price
ceiling
3,514
4,960
5,331
25,572
-
-
-
-
17,638
-
2G.171
8,679
17,596
8,121
49,454
-
-
-
17,638
15'. 098
29,657
-
-
25,384
Total
compen-
sation
3,514
4,960
5,331
25,572
95,270
39,785
37,655
94,362
17,633
44.495
26,171
8,679
17,595
8,121
49,454
27,071
18,174
27,253
17,6.38
15,098
29,657
36,908
12,414
25,384
688.200
700,000
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
10,348.22
5,612.74
49,229.08
26,855.01
17.390.23
26,308.75
17,372.71
15,098.00
29,635.06
36,908.00
12,410.06
24,327.87
667,781.33
Additional
indirect
cost
-
-
-
-
(602.34)
(177.95)
154.58
J, 017. 39
-
299.41
-
-
-
-
577.15
370.35
579.68
-
.
-
55.34
:65.88
-
3. 5:9. 39
Final
cost
2,015.31
4,376.73
5,009.11
25,422.96
94,632.69
35.574.35
37,573.37
95,991.99
17,634.47
44,772.41
26,043.24
7,928.56
10,348.22
S. 612. 74'
49.229.03
27,432.16
17,761.08
27,338.43
17,372.71
15,098.00
29,639.36
36,963.34
i:. 675. 94
24,327.87
i7i, :::.•»:
EXHIBIT "B"
PAGE 3 OF 4
Table 2. Encina Phase III.- CPF? Step 2 Spaciil Engineering Services
Requiring Revisions to Cost Ceilings, dollars
Engineering Services
Additional Work for Multiple
Contracts I
Update of Financial Plan and
Revenue Program
Design Extension of Avenida Encinaa
Additional Work for Multiple
Contracts II
Printing of Contract Documents I -
Contracts 1-9
Additional Design Services I
Solids Transportation and
S tor ago Equipment
Maintenance and Fuel Dispensing
Station
Printing of Contract Documents II
Additional Design Resulting
from Valua Engineering Study
Total
SuBsnary
job
number
276-
57
69
70
71
76
89
90
91
95
56
—
Approved
estimated
cost
celling
81,942
36,000
32,638
81,362
39,441
23,338
15,668
23,494
34,020
10,703
378,605
Total
costs
invoiced and
paid *
81,899.63
31,967.90
32,401.79
80,974.60
39,419.00
23,122.01
14,884.23
23,049.75
34,020.00
10,699.06
372,437.97
Additional
indirect
cost b
(602.94)
(177.95)
154.58
2,017.39
299.41
577.15
370.85
579.68
55.34
265.88
3,539.39
Ravi ecd
cost
ceiling
81,297
31,790
32,557
62,992
39,719
23,699
15,256
23,630
34,076
10,964
375,930
*Doon not include professional fee that was invoiced and paid.
Additional indirect costs resulting from proposed overhead Adjustments.
EXHIBIT "B"
PAGE 4 OF 4
. . AMENDMENT 2 TO
MASTER AGREEMENT
FOR STEP 3 ENGINEERING SERVICES
BETWEEN
VISTA SANITATION DISTRICT AND BROWN AND CALDWELL
FOR
PHASE III ENLARGEMENT AND UPGRADING OF
THE ENCINA WATER POLLUTION CONTROL FACILITY
THIS AMENDMENT TO AGREEMENT made and entered as of ^__^_ day
of , 1982, by and between the Vista Sanitation
District,hereafter referred to as "District" or "Owner", and
Brown and Caldwell, a California corporation authorized to provide
consulting engineering services, hereafter referred to as "Engineer".
WITNESSETH:
WHEREAS, 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 III Enlargement
and Upgrading of the Encina Water Pollution Control Facility (herein-
after referred to as the "Master Agreement"); and
WHEREAS, the Master 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
WHEREAS, in accordance with the provisions of the Master
Agreement, the United States Environmental Protection Agency (USEPA)
has approved an overhead rate for Engineer's Fiscal Year (FY) 1979/80;
and
WHEREAS, Engineer's FY 1980/81 was concluded on 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
EXHIBIT "C"
PAGE. 1 OF 3 n
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
WHEREAS, Engineer has requested and the District agrees to
increase the estimated total compensation for these engineering
services to allow for changes in the overhead billing rates; and
WHEREAS, it is necessary to modify certain portions of the
Master Agreement to astablish these revisions.
NOW/ THEREFORE, District and Engineer agree as follows:
1. Add the following to Paragraph A.I.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:
Period
September 29, 1979
through
September 26, 1980
September 27, 1980
through
September 25, 1981
Interim
billing
overhead
rate
1.50
1.50
Provisional
billing
overhead
rate
Final USEPA
approved
overhead
rate
1.563
1.62
In Paragraph C.I. 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.
EXHIBIT "C"
PAGE 2 OF 3
•VM
IN WITNESS WHEREOF, District and Engineer have caused this
Amendment to the Master Agreement to be executed the day and date
first written above.
ATTEST:VISTA SANITATION DISTRICT
By
Approved by Resolution No,
on
BROWN AND CALDWELL, a
California Corporation
By
EXHIBIT "C"
PAGE 3 OF 3
W
AMENDMENT 1
TO
TASK ORDER NO. 1
FOR
STEP 3 ENGINEERING SERVICES
PHASE III ENLARGEMENT AMD UPGRADING
OF
THE ENCINA WATER POLLUTION CONTROL FACILITY
THIS AMENDMENT TO TASK ORDER NO. 1 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 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 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
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 Fiscal Year (FY) 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 Basic Agreement, the following is a summary of the
interim and final USEPA approved overhead rates:
Interim Final USEPA
billing approved
overhead overhead
Per i od rate rate
September 29, 1979
through 1.50 1.563
September 26, 1980
EXHIBIT "D"
PAGE 1 OF 2
2. This Amendment to Task Order No. 1 'is effective on the
date it is executed by the District.
BROWN AND CALDWELL
By
VISTA SANITATION DISTRICT
By
Date
EXHIBIT "D"
PAGE 2 OF 2
AMENDMENT 1
TO
TASK ORDER NO. 6
FOR
STEP 3 ENGINEERING SERVICES
PHASE III 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 No. 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 1931/82; and
WHEREAS, Engineer's fiscal year 1980/81 was concluded on
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
WHEREAS, in accordance with the provisions of the Basic
Agreement, Engineer has requested that a provisional billing over-
head rate be established for Engineer's fiscal year 1980/81; and
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
WHEREAS, it is necessary to modify certain portions of the
Basic Agreement to establish these new overhead rates.
urnEXHIBIT
PAGE 1 OF 3
/*"»,
NOW, THEREFORE, District and Engineer agree as follows: ,i
• i
1. In Article IV, Compensation of Task Order No. 6, add the V!
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: •:
Period
Interim
billing
overhead
rate
Provisional
overhead
rate
September 27, 1980
through 1.50 1.62
September 25, 1981
In Article IV, Compensation of Task Order No. 6, delete the
subparagraph a through d and substitute the following:
a. Equipment Contracts 2, 5, 3/4 and 6 (Account No. 1016-270)
Subtasks 1, 4, 1, 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, 1, 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
I
Estimated cost ceiling: 69,697
Fixed professional fee: 10,058
EXHIBIT "E"
PAGE 2 OF 3
d. Contract 10/11, (Account No. 1016-250)
Subtasks 1 through 8, 10 and 13
' Basis of compensation: Cost reimbursement
Estimated cost ceiling: 541,737
Fixed professional fee: 79/485
3. This Amendment to Task Order No. 6 is effective on the date
it is executed by the District.
BROWN AND CALDWELL VISTA SANITATION DISTRICT
By f.J' ^H^ ••<pHbrr~^^ By_. Lyain Hartyffctd
'•' ~~. >President
Date
EXHIBIT "E"
PAGE 3 OF 3