Reso 0734-09/1985RESOLUTION NO. 734
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SAN MARCOS COUNTY WATER DISTRICT AUTHORIZING
EXECUTION OF THE THIRTIETH SUPPLEMENT TO THE BASIC
AGREEMENT TO PROVIDE AUTHORITY TO THE CITY OF
VISTA TO AMEND ITS CONTRACT WITH BROWN & CALDWELL
FOR BASIC STEP 3 AND SPECIAL ENGINEERING SERVICES
FOR PHASE III UPGRADING AND ENLARGEMENT OF THE
ENCINA WATER POLLUTION CONTROL FACILITY
WHMtEAS, VISTA, CARLSBAD, LEUCADIA, BUENA, ENCINITAS, and SAN MARCOS
are parties to a Joint Powers Agreement (Basic Agreement), which provides for
thru operation and maintenance of a joint sewer system cca~only known as thru
ENCINA WATER POLLUTION CONTROL FACILITY (EWPCF); and
WH~I~EAS, pursuant to the Seventh Supplement to the Basic Joint
Powers Agreement, Phase III Upgrading and Enlargement of the ENCINA WATER
POLLUTION CCN1ROL FACILITY is in progress and nearing completion; and
WHEREAS, th~ City of Vista is the Administrator of said Phase III
Upgrading and Enlarg~nt by virtue of Section 2 of the Seventh Supplement to
the Encina Joint Powers Basic Agre~nt; and
WH~tEA~, pursuant to prior approval of all m~mbers of thru said Joint
Powers, the City of Vista has heretofore entered into a written agreement with
BROWN & CALDWELL dated August 30, 1980, for the latter's Basic Step 3 and
Special Engineering Services for Phase III Upgrading and Enlargement; and
WHMtEAS, pursuant to prior approval of all n~nhers of tha Joint
Powers, the said agreement has heretofore been mm~nded three times; and
WH~tEAS, it has become necessary to effectuate a Fourth Amendment to
said agreement with BROWN & CAI.r~.~. by reason of provisions therein providing
for "Interim and Provisional Billing Overhead Rates", and, adjustment of said
rates upon approval thereof by the Enviror, nmntal Protection Agency; and
WH~hF~, thru Environmental Protection Agency has issued its final
approval for an Interim Billing Overhead Rate for tha annual periods from
September 30, 1980 through September 30, 1983, and has approved a Provisional
Overhmad Rate for the period from Sept~ber 27, 1980 through September 25,
1981; and
WH~tEAS, the proposed amendments to the agreement with BROWN &
CAI.I!,/t~L have been considered by the Joint Advisory Committee to the Encinm
Joint Powers at a regular meeting thereof, and were unam{mously approved by
said Co,~ttee; and
WHEREAS, it is in tb~ best interests of this District that its
Chairm~n be authorized to execute the Thirtieth Supplement to the Basic
Agreement authorizing the City of Vista to amend its agre_~nt with BROWN &
Resolution No. 734
Page 2
WH~tEAS, a copy of said Thirtieth Supplement and proposed amendments
to the agreement with BROWN & CALDWELL are attached hereto and incorporated
herein.
NOW, THEREFORE, BE IT RESOLVED by t_he Board of Directors of the SAN
MARCOS COUNTY WATER DISTRICT as follows:
Section 1: That the Chairm-n of the Board of Directors of this
District be, and is, hereby authorized to execute the Thirtieth Supplement to
the Basic Agre~nt, which supplant authorizes the City of Vista, as
Administrator of Phase III Upgrading and Enlargement of the ENCINA WATER
POLLUTION CONTROL FACILITY, to m,~nd its agreement with BROWN & CALDWELL for
Basic Step 3 and Special Engineering services.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Board of
Directors held this Srd day of September , 1985, by the
following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Directors: Newport, Rutherford, Ferguson, Mahr
Directors: None
Directors: None
Directors: Mason
AR'FEST:
Board of Directors
San Marcos County Water District
William W. Rucker, Secretary
Board of Directors
San Marcos County Water District