Reso 0650-02/1983 RESOLUTION NO. 650
A RESOLUTION BY THE SAN MARCOS COUNTY WATER
DISTRICT, 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 agreements 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 Environmental 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
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RESOLUTION NO. 650
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 SAN MARCOS COUNTY WATER DISTRICT
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 Board of Directors of the SAN MARCOS
COUNTY WATER DISTRICT as follows:
Section No. l: That the Board of Directors of the San Marcos County Water
District be and are hereby authorized to execute the
Twenty-First Supplement to the "Basic Agreement" for the
Encina Joint Sewer System.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Board of
Directors of the San Marcos County Water District on the 7th day of February,
1983, by the following roll call vote:
AYES: Directors: Newport, Mason, Holm, Ferguson, Mahr
NOES: Directors: None
ABSTAIN: Directors: None
ABSENT: Directors: None
ATTEST: