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HomeMy WebLinkAbout1983-02-15; City Council; 7158-2; Twenty-First Supplement to Basic Agreement Encina Water Pollution Control FacilitiesOUJ Oo:a.Q_ o oo .*• - 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