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Home My WebLink About; Sewer Master Plan Update 2003 Part 3; City of Carlsbad Sewer Master Plan Update 2003; 2003-03-30HOME PLANT UFTSTATION N 1,500 0 1,500 I I 1" = 1500' LEGEND SEWER SERVICE AREA i ___ PARCELS BUENA VISTA LIFT STATION 3,000 I 1 -· FOX:s LMIDI~IG LIFT 'sTATION TERRAMAR - UI')·S'fAllON ENCINA WATER POLLUTION CONTROL FACILITY \ \ '' I ./ ~ SUB-DRAINAGE BASIN BOUNDARY AND IDENTIFIER WASTEWATER COLUECllON SYSTEM = INTERCEPTOR SEWER GRAVITY SEWER -SIPHON FORCEMAIN Q LIFT STATIONS INTERCEPTOR BASINS CJ NO CURRENT COLLECTION SYSTEM D BUENA D LEUCADIA CJ NORTH AGUA HEDIONDA 0 NORTH BA TIQUITOS D VISTA/CARLSBAD CJ VALLECITOS EXHIBIT 1 • • 13A ; '::.-- \----· -. ' ' 25 -------- CITY OF CARLSBAD '· " ! GATESHED ! LIFT STATION KELLY RANCH LIFT STATION 8 ·-- .-- FARADAY NO.2 LIFT SfA'fiON __ j JNooDSTOCK .• LIFT STATION 14A • . ' '·. '~ ~: "'-pi#"' -. 158 5C ----J -·::_:;. .., ~ .. ~ .... 4"-"'ie""""'""'\\"'"''"1~-, ........ ~ - ',(:::::·:::,-:-, __ -·:-_,,r-__ ·_:<_: __ -)c·_:_:· __ c:.~~~------------:;;: -'1--• --- -- _/ -~-----~--------------~-- ·c..~,. ---------~ --- ------~------ . ,- --. ...,-' 'I --l \ -' -··, ,_-.. ----~ ' 50 \ ! 16 ---··--------· 178 I '18A -~· --------·-, I ; ........---r7"' ~-----, ! -~ .-I '' . ..., ' !·--' I c--~ I f.~----/ ' ' ' ·--~--1 . 1-- -----j I -.--:-:-. .::--:~_,\=~--~;:::.~iS~;-:--.~~~\~ ---- -·--v ·---;-• •--,' ---~,\"' ·.._.-='"-:-:::::_-;. --.. ~.-.... __ ·: ,..;-::.:c.·,. --~; ,~-~~ --· .' ":.-.:.::.:=--. ( :' ...... \;~~~~~t~ __ ~---;¥~~~~~~-~};~_::-J~~~~:~ ~-___ _ ";· r· . __ _; ---.'i /... . • -·<_:-~~.;?~~-'·-:--1.! ·; --',: 1. -· '-\ .":.\GJ.~ ~:-· --~-----\:i [:~. /!:-.::~:/-:-::-/·---:.·~ --v, . ..:-.Jl6-~<- -----'_il______!~'-~. _ 'y ,___.r---I r --1 ~ I ;;--~--1 -~--v· , r-_:;~;;.,;--~..;:_-,'jii-~', _ ,• ' Ji -~,1'"~~'::::-'t• --:-----·~:~~-[_~_· --~'f:.:::~:~ "-< ' f-_J;l~'_Sj '=3~: --~~.f-~---~~f:.·-~-~~~-~~.f_;3J~:11.f._:_-_l:' --~: - ;-::::.-_-:.L:::_-<. _,,="i-· .. --.\,...,.f • ,-• \.. ~-',·_ ·/~\~:) • . -1 ~.~--.. -.· -~~--~~--~: -_,.-~{~~;:;~,:c~:-~>~~-~~~~-EXHIBIT 1 L. ------------· I ': f : j ! ,, -. :::; __ r: ·::;.:-·-:· ~.-. ~ ·:. \·., --<'· •;-:;:..--~-=)'----, ... --~:;._:_-;-,r, CITY OF CARLSBAD c: .;:·,-'-·"' '·:>-:;::,EXISTING WASTEWATER COLLECTION SYSTEM • '1 .---c,.,-·· --,;:----; '-J !.i.J _ _;_.;::.-,,~ __. -.~,---, I \\:: .--_::t-,~ .•::_....'-;-_,_,-,.~--.· _.....!..J---•·,~ r•~ -y..,.._,f,~:·~-~~.._;_LlLll_.__.., l I l. .-o:-·. __ :_--)-, ;_'· ;-----~~~'{-c::J~': ····_l:;tL2~ : ..... ~ '?,i_t-J\1;:_;~-1~~1,;;!?5 ;=J.:;d;~ EXISTING WASTEWATER COLLECTION SYSTEM ~mroom~ & ASSOCIATES. INC. Exhiblt(l1.mxd BUENA VISTA UFTSTATION N 1,500 0 1,500 I I 1" = 1500' LEGEND E:J SEV\£R SERVICE AREA ,----PARCELS 3,000 I ~ SUB-DRAINAGE BASIN BOUNDARY AND IDENTIFIER ULTIMATE COLLECTION SYSTEM = INTERCEPTOR SEWER EXISTING COLLECTOR SEWER FORCEMAIN -SIPHON FUTIJRE COLLECTOR SEV\£R (ALIGNMENT TBD) FLITIJRE FORCEMAIN Q LIFT STATIONS ULTIMATE INTERCEPTOR BASINS D BUENA CJ NORTH AGUA HEDIONDA D NORTH BATIQUITOS CJ SOUTH AGUA HEDIONDA D VISTAJCARLSBAD CJ VALLECITOS , __ \ .--- I \ \ \ ,. ........ I' '-........ _ 13A 25 ' ' CITY OF CARLSBAD 14B SAH LIFT STATION -----I ,- ------ ,) \ ' ' l ..... , : ' --------- ' " \ \ \ \ \ 14A ;__- ! -~---t - ' ·------' 1SA.-- '. ---~ ·-r~-- 158 '--\--- .-·-----------~ ~ ------" ' , _ _. EXHIBIT 2: ULTIMATE INTERCEPTOR SYSTEM ~ \ \ ----l ; 16 ,, .-"' 0 CALIFORNIA OAKS LIFT STATION 50 ' . , ... "''------"---- 17A ---~:::~~ ~'-~·tl~ I~-~::.~f.4~----~-----,. , I .~:._-, ~ ---_;7 -~ < f -<.· -~; .~. 178 1 I 18A ' ' ' : i ,_ f.__- i j j i I •, -,~-~ -----~-'-----------L,:---:L--.-~,-'----j------ : .. , -'"---- .), "''""' Exh'biiJ2.mxd Appendix B INTERAGENCY AGREEMENTS • Revised Basic Agreement for Ownership, Operation and Maintenance of a Joint Sewage System as Amended February 8, 2000 • Agreement for Ovmership, Operation, and Maintenance of the Vista/Carlsbad Interceptor - February 26, 2002 • Agreement between the Buena Sanitation District and City of Carlsbad for the Lease of Capacity in the Encina Outfall - December 15,1981 • Agreement between the Buena Sanitation District and City of Carlsbad for the Lease of Additional Capacity in the Encina Outfall - December 15, 1987 • Palomar Joint Land Outfall Interceptor Interagency Agreement - January 8, 1985 • Occidental - Carlsbad - Leucadia - Encinitas Agreement in regard to Construction of Sewer Pipeline South from the Encina Water Pollution Control Facility - August 24,1972 ' REVISED BASIC AGREEMENT W FOR OWNERSHIP, OPERATION AND MAINTENANCE OF A JOINT SEWAGE SYSTEM AS AMENDED FEBRUARY 8, 2000 Ref:F&HR.0a4441 June 30, 2000 TABLE OF CONTENTS Page RECITALS ..: 1 Section 1 DEFINITIONS 2 1.1 Joint Advisory Committee QAQ 2 1.2 Joint System 2 1.3 Member/\gencies 2 1.4 Operator/Administrator 2 1.5 Biosolids 2 Section 2 JOINT PARTICIPATION 2 Section 3 AREA TO BE SERVED BY THE JOINT SYSTEM 2 3.1 Existing Sen/ice Area 2 3.2 Revisions to the Service Area 2 3.3 Prohibition on Discharges from Outside the Exhibit A Service Area 3 Section 4 ENLARGEMENT OF THE JOINT SYSTEM 3 Section 5 PROTECTION OF THE JOINT SYSTEM/SOURCE CONTROL 3 5.1 Protection of the Joint System 3. 5.2 Prohibitions 3 Section 6 CAPACITY AND USE OF CAPACITY (CAPACITY INFRINGEMENT) 3 Section? CAPACITY MONITORING .'. 4 Sections ACQUISITION/SALE OF EXCESS CAPACITY 4 Sections CAPACITY RIGHTS IN UNITS 4 9.1 Unit I and Unit J Capacity 4 9.2 Unit I Capacity Infringement 5 9.2.1 Flow Calculation 5 9.2.2 Monitoring of Capacity Demand 5 9.2.3 Excess Use a Trespass 5 9.2.4 Indemnity and Hold Harmless 5 9.2.5 License Payments 5 9.2.6 Restiictions on Use Over 40% of Reserve 6 9.2.7 Reserve Capacity 6 9.2.8 Sole Method of Allocation 7 Section 10 CAPACITY RIGHTS FOR RECLAMATION 7 10.1 Future Reclamation 7 10.2 Existing Reclamation 7 Section 11 JOINT ADVISORY COMMITTEE 7 11.1 Powers 7 11.2 Representation on JAC 8 11.3 Officers of JAC 8 11.4 Meetings of the JAC 8 11.5 Rules 8 11.6 Payment for Attendance.. 9 11.7 Assistance from the Operator/Administrator 9 # Section 12 OPERATOR/ADMINISTRATOR 9 12.1 General Duties 9 12.2 Designation and Specific Powers i ; 9 Section 13 BUDGETING AND ACCOUNTING 10 13.1 Annual Budgets 10 Section 14 ASSISTANCE TO OPERATOR/ADMINISTRATOR 12 Section 15 RIGHTS OF WAY AND LAND ACQUISITIONS.... 12 Section 16 PAYMENT OF OPERATION AND MAINTENANCE EXPENSES. 12 16.1 Allocation of Expenses 12 16.2 Payment Schedule 12 16.3 Revenue from By-Products 12 Section 17 PAYMENT OF CAPITAL EXPENSES 12 17.1 Allocation of Expenses , 12 17.2 Payment Schedule 13 Section 18 SETREMENT OF DISPUTE OR CONTROVERSY 13 18.1 Right to Arbitiation 13 18.2 Right of Observation ':. 14 18.3 Right to Expert Arbitration 14 Section 19 APPORTIONMENT OF LIABILITY 14 Section 20 NOTICES 14 Section 21 SEVERABILITY 14 Section 22 MODIFICATION OF AGREEMENT 14 Section 23 SUCCESSION 15 Section 24 APPROVAL 15 Signature Page 15 Service Area Map 16 Exhibit B 17 Exhibit C : 18 m Revised Basic Agreement - Encina Joint Powers Authority Ref: F&HR.00-4441 June 30, 2000 REVISED BASIC AGREEMENT FOR OWNERSHIP, OPERATION AND MAINTENANCE OF A JOINT SEWAGE SYSTEM ASAMENDED EFFECTIVE FEBRUARY 8, 2000 THIS AGREEMENT (hereinafter referred to as the Revised Basic Agreement), is made and entered into this 8* day of February 2000, by and among the CITY OF VISTA, a general law city (hereafter VISTA), the CITY OF CARLSBAD, a general law city (hereafter CARLSBAD), the BUENA SANITATION DISTRICT, a County Sanitation District (hereafter BUENA), the VALLECITOS WATER DISTRICT, a County Water District (hereafter VALLECITOS), the LEUCADIA COUNTY WATER DISTRICT, a County Water District (hereafter LEUCADIA), and the City of Encinitas, a general law city (hereafter ENCINITAS). RECITALS WHEREAS, the parties hereto are responsible for providing sewage collection, transmission, treatment and disposal services in their respective service areas and are authorized to contract with other parties for the provision of such services; and, WHEREAS, on July 13, 1961, VISTA and CARLSBAD entered into a Basic Agreement pursuant to Chapter 5 of Division 7 of Title 1 of the California Govemment Code to acquire, construct and operate a Joint Sewer System; and, WHEREAS, the Basic Agreement provided that other municipal corporations and public districts or agencies may become parties to the Basic Agreement, thereby becoming members of the joint powers authority; and, WHEREAS, on January 6, 1964, BUENA became a member ofthe joint powers authority and acquired certain interests and capacity rights in the Joint System; and, WHEREAS, on March 22, 1965, VALLECITOS (then San Marcos) became a member ofthe joint powers authority and acquired certain interests and capacity rights in the Joint System; and, WHEREAS, on August 17, 1971, LEUCADIA and ENCINITAS (then Encinitas Sanitary District) became members of the joint powers authority and acquired certain interests and capacity rights in the Joint System; and, WHEREAS, it is the desire of the parties hereto to (a) continue functioning through a Joint powers authority and (b) modify and condense the enabling legal documents for the joint powers authority by entering into a Revised Basic Agreement pursuant to Article 1, Chapter 5, Division 7, Title 1 of Califomia Government Code relating to the joint exercise of powers, for the purposes of planning, designing, owning, operating, and maintaining a joint sewer system and concurrently establishing, by separate agreement, the Encina Wastewater Authority. NOW TOEREFORE, THE PARTIES HERETO COVENANT WITH EACH OTHER AS FOU.OWS: Revised Basic Agreement - Encina Joint Powers Authority Ref: F&HR.0O-4441 June 30, 2000 Section 1 DEFINITIONS For the purposes of this agreement the following terms shall have the meanings indicated: 1.1 joint Advisory Committee QAQ. A committee composed of representatives of the member agencies that advises both the member agencies and the Operator/Administrator on issues relating to the Joint System. 1.2 Joint System. The Encina Water Pollution Control Facility (Unit I), and the Encina Ocean Outfall (Unit J) including all related land, rights of way, and appurtenances. 1.3 Member Agencies. The six members of the Encina Wastewater Authority: Vista, Carlsbad, Buena, Vallecitos, Leucadia, and Encinitas. 1.4 Operator/Administrator. The public agency designated by the member agencies as being responsible for operating, maintaining, and administering the Encina Joint System. Since August 1, 1988, the Operator/Administrator has been the Encina Wastewater Authority. 1.5 Biosolids. Primarily organic solid product, prixluced by the wastewater treatment processes, that can be beneficially recycled. History: Adopted December 17, 1990; Amended effective November 18, 1992; November 9, 1994. Section 2 JOINT PARTICIPATION The member agencies shall participate jointly in the planning, design, acquisition, consti-uction, ownership, operation, maintenance and use of the Joint System (including any future expansions thereof), and shall pay for such activities as hereinafter specified. History: Adopted December 17, 1990. Section 3 AREA TO BE SERVED BY THE JOINT SYSTEM 3.1 Existing Service Area. The area to be served by the Joint System is shown on Exhibit A, which is attached hereto and made a part of this Revised Basic Agreement by reference. Areas lying outside a member agency's legal boundary but inside that member agency's Exhibit A service area may be served by the member agency, providing the member agency provides assurance in the form of a legally binding agreement that tiiese discharges will meet all applicable rules and regulations. Any wastewater or biosolids received from outside a member agency's legal boundary pursuant to such agreement shall be regarded as the wastewater or biosolids of the member agency for the purposes of billing, capacity, and source control. 3.2 Revisions to the Service Area. Areas lying outside the Exhibit A service areas of the member agencies may be served, provided such areas are annexed by a member agency. Notification of such annexations must be made in writing to the Joint Advisory Committee so that Exhibit A can be modified as appropriate. Member agencies can also request alteration of their Exhibit A service areas; such modifications must be approved in writing by all member agencies, as Revised Basic Agreement - Encina Joint Powers Authority Ref: F&HR.0O-4441 June 30, 2000 evidenced by receipt of resolutions from the goveming bodies of ali member agencies. Member agencies whose Exhibit A service areas are enlarged shall be responsible for providing adequate capacity. 3.3 Prohibition on Discharges from Outside the Exhibit A Service Area. Each member agency agrees that it will neither permit nor knowingly countenance the use of the Joint System, directly or indirectly, for the disposal of wastewater or biosolids originating outside of ib legal boundaty except in tfie above manner, extent and conditions. Historr. Adopted December 17, 1990; Amended effective November 18, 1992; November 9, 1994. Section 4 ENURGEMENT OF THE JOINT SYSTEM Any member agency having first obtained the consent of Carisbad and Vista, may at ite sole cost and expense enlarge any portion of Unit I or J of the Joint System in which it is the owner of capacity rights and any increased capacity in such unit or portion resulting from such enlargement shall belong to the member agency paying the cost and expense thereof. No member agency shall unreasonably withhold consent to such enlargement. Any such enl'argement shall be constructed in accordance with plans and specifications approved by Carisbad and Vista. History: Adopted December 17. 1990; Amended effective November 18, 1992. Section 5 PROTECTION OF THE JOINT SYSTEM/SOURCE CONTROL 51 Protection of the Joint System. The joint System shall not be used by any member agency for any purpose other than the conveyance, treatment, reuse, or disposal of wastewater and its by- products. Wastewater shall be construed to mean domestic sewage and trade wastewaters. Each member agency shall adopt and enforce ordinances, resolutions, rules and regulations, concerning the type and condition of wastewater permitted to be discharged into the sewers under ite control and shall prohibit tiie discharge of any wastewater which would be detrimental to tiie Joint System, or to tiie use of by-producte generated by tiie Joint System. Such ordinances, resolutions, rules and regulations shall reflect tiie applicable federal and state statutes and regulations and shall be consistent with the Operator/Administrator's industrial pretreatment regulations. 5.2 Prohibitions. No member agency shall allow excessive infilti^tion of any suriiace or storm waters to be discharged directly or indirectly into tiie Joint System. No member agency shall allow cooling water or otiier unpolluted industrial wastewater to be discharged directiy or indirectly into tiie Joint System witiiout the consent of all other member agencies. No member agency shall autiiorize a discharge from any groundwater cleanup site unless tiie discharge is autiiorized in advance by tiie Operator/Administrator. History: Adopted December 17, 1990; Amended effective November 18, 1992. Section 6 CAPACITY AND USE OF CAPACITY (CAPACITY INFRINGEMENT) Each member agency shall own and enjoy a perpetual right to use ite Joint System capacity in tiie proportions set fortii immediately below herein. No member agency shall in any way grant. • Revised Basic Agreement - Encina Joint Powers Authority Ref: F&HR.0O-4441 June 30, 2000 encumber, limit or restrict ib interest in any part of the Joint System for any purpose other than the treatinent and disposal or reuse of wastewater and tiie management of wastewater treatment byproducte, or use tiie Joint System or any part tiiereof to a greater percentage tiian ib capacity righte, except as set fortii in Section 9 herein, without the prior written consent of tiie other member agencies, provided that no such excessive use witiiout written consent shall be construed as a waiver of capacity righte by any member agency. History: Adopted December 17, 1990; Amended effective November 18, 1992. Section 7 CAPACITY MONITORING Each member agency shall participate in a joint flow metering system, operated and administered by tiie Operator/Administrator, and facilitate such measuremente of flow into the Joint System as needed for billing purposes and to verify tfiat each agency is within ite capacity righte. This metering system shall be maintained according to a separate agreement executed by the Operator/Administrator and the member agencies. History: Adopted December 17, 1990. Section 8 ACQUISITION/SALE OF EXCESS CAPACITY In the event that any member agency hereafter requires additional capacity in tiie Joint System and capacity is available from another member agency, tiie capacity may be licensed, leased or purchased as necessary. Such lease or purchase shall be on terms as are hereafter agreed upon by the member agencies involved. In the event an inter-agency capacity agreement is adopted, the Joint Advisor/ Committee shall be notified in writing. Licensing, lease or purchase shall be subject to tiie terms and conditions established in Section 9 herein. History: Adopted December 17, 1990; Amended effective November 18, 1992. Section 9 CAPACITY RIGHTS IN UNITS 9.1 Unit I and Unit J Capacity. Capacity righte shall be as follows: Member Unit 1 Liquid riiHsdids Unh } Disposal Agency MGD Percentage MGD Percentage MGD Percentage Vista \ . 8.05 22.36% 8.0S 21.18% • 8.05. , 21.1i%. Carlsbad 9.24 25.67% 9.24 24.32% 9.24 24.32% Buena 2.26 6.28% J;"S:>1:24%.,.. 3i;5Tf-:'. :f;f: 9.24% Vallecitos 7.54 20.94% 7.54 19.847o 7.54 19.84% Leucadia 7.11 19,75% 7.86 ; 20.68% 7,86 20.68% Encinitas 1.80 5.00% 1.80 4.74% 1.80 4.74% Total 36.00 iO#o% f • ^^^3§|ife;c The total disposal capacity of Unit J shall be 38.0 MGD average daily flow. This capacity rating assumes that tiie wet weather peaking factor on the flows to Unit J shall continue to be less tiian 2.76, and all the parties hereto agree to make good faith eflbrb to ensure that the wet weather peaking factor on tiie flows to Unit J remains below 2,76. Revised Basic Agreement - Encina Joirt Powers Authority Ref: F&HR.0O-4441 june 30, 200O 9.2 Unit I Capacity Infringement. The member agencies agree to make available up to 5 percent of their respective shares of total capacities, as set fortii in Section 9.1 tiirough a reserve capacity pool, in accordance witii the following terms and conditions: 9.2.1. Flow Calculation. For the purposes of calculating paymente due for licensing under tiiis section, flows shall be based on measured (ADS) flows, to the maximum extent feasible. Solids loading flows shall be based on tiie total flow originating witiiin each member agency. Voting righte, as described in Section 11 shall be in no way affected by temporary use of reserve capacity under this section. Total Reserve Capacity is the total capacity shown in paragraph 92.7. below. 9.2.2. Monitoring of Capacity Demand. Each agency shall provide montiily reports to EWA regarding future capacity committed, based upon ite acceptance of applications for or issuance of any building pemriite, letters of availability, certificates or otiier entitiemente for use which represent that sewer capacity is available to tiie applicant or project, or which enforceable or practically commit the agency to provide future sewer service. Reporte shall be submitted in such form as the Board of EWA may require. Before tiie measured and committed flows reach 7.5% of Encina's total capacity (per Section 9.1), the EWA shall initiate a program to ensure adequate capacity to meet projected needs. 9.2.3. Excess Use a Trespass. Any use of capacity in excess of 95% of their respective share of Encina's total capacity (per Section 9.1) plus 50% ofthe Total Reserve Capacity, or otiierwise in violation of tiiis section, shall be considered a trespass. At the request of any member agency, EWA shall, and is hereby authorized to specifically enforce tiie terms of this section (Section 9.2) against a member agency or agencies on behalf ofthe remaining member agencies, including through commencement of a proceeding at law or equity. The parties agree that specific enforcement is a proper remedy in that payment of damages is not an adequate remedy for tiie potential losses to any member agency resulting from tfie loss of capacity. For example, replacement of capacity may be impractical and the consequences for the economic development of the members are not readily subject to quantification. Each member agency hereby consente to the commencement of such action or actions by EWA, and waives any right it may have to further approval of such actions under the Joint powers agreement creating and establishing EWA. In addition to any injunctive relief, EWA may seek consequential damages on behalf ofthe remaining member agencies. In any such action, tiie prevailing party shall be entitied to attorney's fees and coste. 9.2.4. Indemnity and Hold Harmless. In addition to payment of tiie amount specified herein, each agency agrees to indemnify, defend and hold harmless the EWA and the other member agencies for any claim, demand, cost, penalty, fine or damage (including reasonable attorney's fees and coste of investigation), arising out of ite violation of tiiis section, whether resulting from die agency's active or passive, negligent or intentional act or feilure to act to prevent a violation, and notwitiistanding the active or passive negligence of tfiose member agencies which are in compliance with the provisions of this section. 9.2.5. License Paymente. When any member agency's flows exceed 100% of ite capacity allocation for the treatinent of solids, and/or treatinent and/or disposal of liquids, for any continuous tiiree-month period, such member agency shall pay for the use of such capacity from the reserve capacity pool in accord with tfie schedule of values, as adjusted each July 1 (commencing in Revised Basic Agreement - Encina Joint Powers Authority Ref: F&HR.0O-4441 June 30, 2000 July 1996) by updating the facility spreadsheet to include any additional and changed capital project coste, and to reflect tiie current ENRLA construction cost index, as follows (see Exhibit Q: (a) Any portion of reserve up to 50% of Total Reserve Capacity: $93,200 per MGD of Unit I liquid capacity per year $155,800 per MGD of Unit I solids capacity per year $44,000 per MGD of Unit J capacity per year (b) The use of reserve amounte over 50% of Total Reserve Capacity shall be a violation of tiiis section. In addition to any other remedy provided herein, or available to EWA or the member agencies, an agency shall pay for such use: $153,300 per MGD of Unit I liquid capacity per year $259,700 per MGD of Unit I solids capacity per year $73,300 per MGD of Unit J capacity per year (c) Paymente to member agencies witii unused reserve shall be made annually. Paymente from member agencies shall be made quarterly to the EWA and held in a special account. 9.2.6. Restrictions on Use Over 40% of Reserve. If at any time any agency shall have enforceable or practically committed to provide future sewer service which, when added to ite tiien existing actual flows, equals 95% of ite allocated capacity (per Section 9.1) plus 40% of tiie Total Reserve Capacity, such agency shall: (a) Immediately halt tiie acceptance or issuance of any building permite, letters of availability, certificates or other entitiemente for use which represent that sewer capacity is the agency to provide future sewer service. (b) Immediately inform EWA, in writing, that it has reached this threshold, of the actions it has taken to implement 9.2.6(a) above, and of ite intention to present a plan to EWA, witiiin 30 days, for capacity management to prevent the agency from exceeding use of 50% of the Total Resen/e Capacity. 9.2.7. Reserve Capacity. Reserve capacity shall be as follows: Member UhH i Liquid Unit! Solids Unit 1 Disposal ^ Agency MGD Percentage MGD Percentage MGD Percentage VIsia 0.40 . . 22.36% 0.40 - : 21,18% ,.. .3^'^- .. . 21.18% Carlsbad 0.46 25.67% 0.46 24.32% 0.46 24.32% Buena 0.11 6.28% Vallecitos 0.38 20.94% 0.38 19.84% 0.38 19.84% Leucadia 0.36 19.75% 0,39 . , 20.68% . 0.3^:? 2a68^^ Encinitas 0.09 5.00% 0.09 4.74% 0.09 4.74% Total' Revised Basic Agreement - Encina Joint Powers Authority Ref: F&HR.OO-4441 June 30, 2000 9-2.8. Sole Metiiod of Allocation. No agency shall provide capacity to any otiier member agency except pursuant to tiiis section witiiout tiie unanimous consent of tiie member agencies; provided tiiat an agency may agree to provide additional capacity on a temporaty basis to an agency which has used the maximum reserve capacity autiiorized by tfiis section if: (1) such arrangement provides for paymente at rates not less tiiat tiie maximum reserve capacity rate per paragraph 9.2.5(b), above; and (2) tiie capacity so provided does not reduce tiie Total Reserve Capacity available. History: Adopted December 17, 1990; Amended effective November 18, 1992; fanuary 14, 1997. Section 10 CAPACITY RIGHTS FOR RECLAMATION 10-1 Future Reclamation. Any member agency, at ite own expense, may, and shall have tfie right to, reclaim water from any wastewater in tiie Joint System which emanates within the jurisdiction of tiie respective member agency. And, subject to tiie following limitations, each member agency shall have tiie right to install facilities for tiie reclamation of water from wastewater. Any proposed reclamation shall require tiie approval of all tiie member agencies in the event tiiat tiie proposed reclamation facility is designed and/or constructed such tiiat (i) any solids or non-treated effluent from any such facility may be discharged into Unit I of tiie Joint System and/or (ii) any reclaimed water may be discharged into Unit J of tiie Joint System. Such approval shall not be witfiheld unless the use of tiie proposed reclamation facility would adversely affect one or more of tiie member agencies and the reclaimer cannot reasonably mitigate tiie adverse impact. Notfiing in tiiis section shall be constmed so as to require approval by tiie member agencies as to tfie geographic location of a reclamation facility consfructed solely within the boundaries of any member agency. 10.2 Existing Reclamation. Section 10.1 above pertains to all future reclamation facilities. Currently consti-ucted facilities may be operated to tiieir capacity witiiout further action by owners. The current reclamation facilities and capacities are as follows: MEMBER AGENCY RECLAMATION FACIUTY CAPACITY IN MGD Carlsbad Calavera Hills 1.20 MGD Leucadia Gaftier 0.75 MGD Vallecitos Meadowlark 2.00 MGD Buena Shadowridge 1.16 MGD History: Adopted Dece/nber 17, 1990; Amended effective November 18, 1992. Section 11 JOI NT ADVISORY COMMITTEE The member agencies have created a Joint Advisoty Committee GAQ to advise tiie member agencies and tiie Operator/Administi^tor. JAC shall continue in tills advisoty role. 11.1 Powers. Recommendations of JAC shall be advisory only. The JAC shall have tiie following responsibilities: 11.1.1 To review tiie operation and maintenance of tfie Joint System, including tiie cost thereof, and make reports and recommendations to tiie goveming bodies of tiie member agencies; Revised Basic Agreement - Encina Joint Powers Authority Ref: F&HR.0O-4441 June 30, 2000 11.1.2 To review and make recommendations regarding proposed expansion, enlargement or modifications of tiie joint System to tiie goveming bodies of the member agencies; and, 11.1.3 To review and make recommendations regarding contracte, budget matters, regulations, policies, permite and otiier documente and issues as appropriate to tfie Operator/Administi-ator. Each report and recommendation of tiie JAC permitted by tfiis Section shall be considered as having been made by all the member agencies when made to tiie Ope/ator/ Administrator and made in accordance with tiie voting righte and percentages set fortii below in Section 11.4.4. 11.2 Representation on JAC. JAC shall be constituted by two appointed representatives from each member agency, with one altemate for each appointed representative. JAC representatives may, but need not, be members ofthe governing bodies of tfie member agencies. 11.3 Officers of JAC. JAC shall elect ib own officers, which shall include a Chairman, Vice-chairman, and Secretary. The Chairman and Vice-Chairman shall be JAC representatives and tiie Secretaty may, but need not, be a JAC representative. 11.4 Meetings of tfie JAC. 11.4.1 Regular Meetings. The JAC shall provide for ite regular meetings; provided, however, it shall hold at least one regular meeting per year. The dates, hour, and place of the regular meetings shal! be established by JAC. 11.4.2 Ralph M. Brown Act. All meetings of tiie JAC, including, witiiout limitations, regular, adjourned regular, and special meetings, shall be called, noticed, held, and conducted in accordance with tiie provisions of tiie Ralph M. Brown Act (commencing with Section 54950 of tiie California Govemment Code). 11.4.3 Minutes. The JAC Secretaty shall cause to be kept minutes of all meetings of the JAC, and shall cause a copy of tiie minutes to be forwarded to each JAC representative. 11.4.4 Vote. The total vote of all members of tiie JAC shall equal 100%. When voting on a matter involving tiie Treatment Plant (Unit I) or Ocean Outfall (Unit J) each JAC representative's percentage vote shall equal one-half of the percentage of tiiat unit's capacity owned by tiie representative's agency. If only one of an agency's representatives is present, tiiis representative's percentage vote shall equal the total percentage of that unit's capacity owned by tiie representative's agency. If botii representatives are absent, each alternate shall have a percentage vote equal to one-half of the percentage capacity of the alternate's member agency; provided, however, at any JAC nneeting where any member agency is represented by only one altemate, tiie alternate shall have a percentage of vote equal to the total percentage of tiie capacity of tiie agency he/she represente. 11.5 Rules. JAC shall adopt rules and regulations for tiie place, time and conduct of JAC meetings. Revised Basic Agreement - Encina Joint Powers Authority Ref: F&HR.0a4441 June 30, 2000 11 -6 Payment for Attendance. The Operator/Administrator (or, if requested by tiie appointing member agency, tfiat member agency as to ite representatives) shall pay each representative (or alternate who attends a meeting by reason of tiie absence of a representative) an attendance fee of twenty-five ($25) for each JAC meeting, provided tiiat such payment does not exceed fifty dollars ($50) per calendar montfi. Attendance fees shall be paid montfily. [This fee waived per legal counsel opinion.] 11 -7 Assistance from tfie Ooerator/Administiator. The Operator/ Administiator shall provide supplies and clerical and secretarial help for JAC. The cost of such supplies and assistance shall be considered part of tiie expense of operating and maintaining tiie Joint System. History: Adopted December 17, 1990; Amended effective November 18, 1992; November 9, 1994; Februarys, 2000. Section 12 OPERATOR/ADMINISTRATOR The Joint System shall be maintained and operated by any one of tiie parties hereto, or by anotiier Public Agency, which party or otiier public agency shall be known as tiie Operator/ Adminisbator. 12.1 General Duties. . - 12.1.1 Joint System. The Operator/ Administi-ator shall maintain and operate tiie Joint System, and shall preserve it in good repair and working order, all in accordance witii recognized sound engineering and accounting practices and local, state, and federal laws and regulations. 12.1.2 Pump Stations. The Operator/Administrator also shall operate and maintain, at tiie expense of tiie Cities of Vista and Carisbad, tfie Agua Hedionda and Buena Vista Pump Stations (formeriy Unite G and C of tiie Joint System) witiiin an annual budget prepared by the Ope rator/Adm in istrator and approved by Vista and Carlsbad. 12.1.3 Other Facilities. The Operator/Administrator shall have tiie authority to operate and maintain otiier facilities outeide tiie Joint System as recommended unanimously by JAC and in accordance witfi Operator/Administiator executed operation agreemente, which may include budgeting responsibilities. 12.2 Designation and Specific Powers. Effective August 1, 1988, tfie member agencies created a public agency known as tfie Encina Wastewater Autiiority (EWA) to serve as tiie Operator/Administrator of tiie Encina Joint System. The EWA shall continue to sen^e as tiie Operator/Administi-ator until such time as EWA is tenninated by written consent of a majority of tiie member agencies, evidenced by certified copies of resolutions by tiieir governing bodies. The organization, administiation, rules, and specific powers of tiie EWA shall be as set forth in tfie Revised Establishment Document establishing tiie EWA. Upon termination of tiie EWA and iBplacement witfi anotiier Operator/Administiator, employees of tiie EWA shall become tiie employees of tfie new Operator/Administrator subject to existing employment conto^cb, seniority, retirement righb and any other employee benefib or righte now enjoyed by tfiose employees. History: Adopted December 17, 1990; Amended effective November 18, 1992. m Revised Basic Agreement - Encina Joint Powers Authority Ref: F&HR.00-4441 june 30, 2000 Section 13 BUDGETING AND ACCOUNTING 13.1 Annual Budgete. Annually, the Operator/ Administrator shall prepare an operation, maintenance, and administration budget (hereafter referred to as the O & M budget) and a capital improvement program budget (hereafter referred to as tiie capital budget.) The budgete shall be prepared in accordance witii generally accepted accounting principles. 13.1.1 Preparation of Estimated O&M Budget. No later than May 1 of each year, tiie Operator/Administrator shall prepare an estimated budget of tiie (a) amount of money required to operate, maintain and administer tfie Joint System during tiie ensuing fiscal year, and (b) tiie proportionate amount to be paid by each member agency. Such estimate shall be based on tfie total operation, maintenance, and administration coste during the current fiscal year as such coste are set fortii in the current approved budget for tfie Joint System. 13.1.2 Approval of Estimated O&M Budget. Each estimated O&M budget adopted by tiie Operator/Adminisfrator shall be forwarded to tiie JAC for consideration and for submission to tiie member agencies for approval. The Operator/ Administrator's estimated O&M budget shall be deemed effective upon unanimous approval by the member agencies and upon tiie receipt by tiie Operator/Administrator of certified copies of approving resolutions or minute orders from tiie governing bodies of each of the member agencies. Until such time as formal approva! has been received from each member agency, the estimated O&M budget-shall constitute merely a proposed budget, subject to consideration or revisions. The O&M budget shall be considered separately from the capital budget and may be approved independentiy. In the event a proposed budget is not approved, tiie Operator/Administrator shall continue to operate using the O & M budget figures from the previous fiscal year. 13.1.3 O&M Contributions. Each member agency shall pay ite estimated portion of tiie budgeted operation, maintenance, and administration coste and shall pay ite actual portion of the coste as determined pursuant to Section 16 of tiiis Revised Basic Agreement. Quarterly on October 15, Januaty 15, April 15 and July 15, the Operator Administrator shall bill the member agencies and the member agencies shall deposit with the Operator/Administrator approximately one fourth of the annual cost of operation, maintenance, and administration for the preceding quarter as described herein. Provided, however, that each invoice shall be increased or decreased to adjust the estimated amount payable based upon the estimated total expenses incurred in the preceding quarter and the estimated total amount and strength of wastewater received from each member agency during the preceding quarter. In the event that at tiie end of any fiscal year tiie amount paid by a member agency exceeds the amount that should have been charged, the excess shall be credited to the member agency the following fiscal year. In case of an underpayment, the member agency shall be assessed the amount that should have been charged in the following fiscal year. Each member agency shall make quarterly contribution paymente to the Operator/Administrator promptly at the time they become due. 13.1.4 Actual O&M Contributions. The member agencies agree to conttibute from tiieir treasuries tiie actual annual coste of the Joint System as divided among the member agencies pursuant to Section 16 of tiiis Revised Basic Agreement. Such coste shall include tiie actual coste of (1) all materials and supplies used or purchased for the operation, maintenance, or administiation of tiie Joint System, (2) all conti-acb let by tiie Operator/Administiator for tiie peribrmance of budgeted O & M work, and (3) the salaries and wages of all Operator/ Administrator employees providing such 10 Revised Basic Agreement - Endna Joint Powers Authority Ref: F&HR.00-4441 june 30, 2000 services, including vacations and sick leave benefite, workers' compensation, social security and retirement paymente, and health insurance. Such coste shall be paid out of tfie funds deposited with the Operator/Administrator by tiie member agencies; provided however, the failure of any member agency to pay the Operator/ Administrator shall not relieve the other member agencies of tiieir obligation to pay their proportionate shares of operation, maintenance, and administration ofthe Joint System. 13.1.5 Preparation of Estimated Capital Budget No later tfian May 1 of each year, tfie Operator/Administrator shall prepare an estimated budget of tiie amount of money required for capital improvement projecte during each of the next five fiscal years and over tiie next twenty years. The estimated capital budget shall show the estimated amount to be paid by each member agency. Such estimate shall be based on existing and/or projected ownership as appropriate. 13.1.6 Approval of Estimated Capital Budget Each estimated capital budget adopted by tiie Operator/ Administrator shall be fonivarded to tfie JAC for consideration and for submittal to tiie member agencies for approval. The Operator/ Administrator's estimated capital budget shall be deemed effective upon unanimous approval by the member agencies and upon the receipt by tiie Operator/Administrator of certified copies of approving resolutions or minute orders from tfie goveming bodies of each of the member agencies. Until such time as fomnal approval has been received from each member agency, tiie estimated capital budget shalj constitute merely a proposed budget, subject to consideration or revisions. The capital budget shall be considered separately from the O & M budget and may be approved independentiy. 13.1.7 Capital Contributions. Each member agency shall pay ite actual portion of tiie capital coste except as noted in Section 17 of this Revised Basic Agreement Quarteriy on October 15, Januaty 15, April 15 and July 15, the Operator/Administrator shall bill tiie member agencies and tiie member agencies shall deposit with the Operator/Administrator approximately one fourth of tiie actual estimated capital coste incurred in the preceding quarter, except as otiierwise specified in Section 18. Any capital funds remaining at tiie end of the fiscal year shall be retained and credited toward the member agencies for tiie following fiscal year. Any capital expenses unfunded at the end of the fiscal year shall be debited and charged to the member agencies in the following fiscal year. Each member agency shall make quarteriy confribution paymente to the Operator/Adminisfrator promptly at the time they become due. 13.1.8 Actual Capital Contributions. The member agencies agree to contribute tiieir actual capital coste pursuant to Section 17 of tfiis Revised Basic Agreement Such coste shall include the actual coste of (1) all materials arid supplies used or purchased for capital improvement of tfie Joint System and (2) all contracte let by tiie Operator/Administrator for tiie perfonnance of capital improvement projecte. Provided however, tiie failure of any member agency to pay the Operator/ Adminisfrator shall not relieve the other member agencies of their obligation to pay tiieir proportionate shares of the capital expenses of tiie Joint System. 13.1.9 Audit Annually tiie Operator/ Adminisfrator shall cause tiie preparation of an independent accountant audit of the financial statemente. H/5tory: Adopted December 17, 1990; Amended effective November 18, 1992; November 9, 1994; August 12, 1998. 11 • m Revised Basic Agreement - Encina Joint Powers Authority Ref: F&HR.0O-4441 June 30, 2000 Section 14 ASSISTANCE TO OPERATOR/ADMINISTRATOR When requested by tiie Operator/Administiator, the EWA shall provide assistance, and make recommendations to said Operator/Administrator relative to all services and duties it is to pe.ribrm under the terms of this Revised Basic Agreement History: Adopted December 17, 1990; Amended effective November 18, 1992; November 9, 1994. Section 15 RIGHTS OF WAY AND LAND ACQUISITIONS The Operator/Administrator and/or any of tiie member agencies may, as agreed upon in writing by all the member agencies, act on behalf of tiie member agencies in acquiring lands and righte of way necessaty forthe operation, maintenance, ownership, and use ofthe Joint System. History: Adopted December 17, 1990; Amended effective November 18, 1992. Section 16 PAYMENT OF OPERATION AND MAINTENANCE EXPENSES 16.1 Allocation of Expenses. All operation, maintenance and adminisfration expenses for Unite I and J of tiie Joint System, hereafter referred to as O & M expenses, shall be paid by each member agency based on each member agency's percentage of ownership and usage in these unite. For the purpose of this section, the following definitions shall apply: "usage" shall mean tfie coste for power, chemicals, maintenance, and other sewage freatment, solids handling, and disposal processes which result from wastewater entering Unit I or Unit J; "ownership" shall mean the coste for insurance, administration expenses, laboratory expenses, plant operations, services and maintenance, and other wastewater collection and freatinent, solids handling and effluent disposal coste which are incurred irrespective of tiie amount of wastewater which enters Unit I or Unit J. 16.2 Payment Schedule. Each member agency shall pay ib proportionate share of tiie operation, maintenance and administration expenses in accordance witii Section 13.1 of tiiis Revised Basic Agreement 16.3 Revenue from By-Producte. Any revenue received from the sale of by-producte arising out of the operation of tiie Joint System shall be apportioned to each member agency in the same proportion as tiieir share of the O & M expenses for the Joint System in the year in which the revenue is received. History: Adopted December 17, 1990; Amended effective November 18, 1992; November 9, 1994. Section 17 PAYMENT OF CAPITAL EXPENSES 17.1 Allocation of Expenses. Unless otherwise specified herein, capital expenses shall be allocated based on existing or projected Unit I or Unit J ownership as appropriate. Exceptions are as follows: 17.1.1 Phase IV Expansion. Phase IV capacity and coste are allocated according to tiie metiiodology shown in Exhibit B, attached hereto and made part of this Revised Basic Agreement by reference. 12 Revised Basic Agreement - Encina joint Powers Authority Ref: F&HR.00-4441 june 30, 2000 17.1.2 Joint Flow Metering System. Each member agency is responsible for the capital expenses of meters and monitors serving ite respective service area. Capital expenses for the monitors serving the entire Exhibit A service area shall be paid on tfie basis of Unit J flow. 17.1.3 Additional Land/Right of Way Acquisition. All expenses shall be allocated in accordance witii tiie terms of a separate agreement to be adopted unanimously by tiie member agencies. 17.2 Payment Schedule. Unless otherwise specified herein, capital expenses shall be paid on a quarteriy basis. Exceptions are as follows: 17.2.1 Phase IV Expansion. Phase IV contract expenses approved by tiie Operator/Adminisfrator shall be paid once a montii based on invoices from the contractor, the design engineer, and the consfruction manager. The paymente will vaty over the duration of tiie job. The Operator/Administrator shall notify tiie member agency financial representatives of the amounte needed following receipt of each month's invoices. In addition, upon the completion and acceptance by the Operator/Administrator of each of: (a) tiie Western Summil/TIC eonstiuction contiad project, and (b) the Phase IV odor confrol and associated facilities, and (c) again, upon completion and acceptance of the Avenida Encinas street widening project by the City of Carisbad per ite contract with EWA, adjustmente shal! be calculated and paid in tfie manner set fortii in Exhibit B, considering all Phase IV Expansion work completed to date or invoiced to the member agencies. Upon completion and acceptance of all wori< autiiorized by the Operator/Administiator as part of tiie Phase IV Expansion, a final adjustinent shall be calculated and paid in accordance with Exhibit B. 17.2.2 Additional Land/Right of Way Acquisition. All expenses shall be paid in accordance with the terms of a separate agreement to be adopted unanimously by tiie member agencies. 17.2.3 Other Capital Expenses. On occasion, capital expenses may occur eariier in the fiscal year tiian would allow for regular quarteriy billing. If regular quarterly billings do not provide needed capital early enough during tiie fiscal year, supplemental capital billings shall be sent to tiie member agencies. In such cases, tiie Operator/Administiator will notify tiie member agency financial representatives as fer in advance as possible. History: Adopted December 17, 1990; Amended effective November 18, 1992; August 12, 1998. Section 18 SETTLEMENT OF DISPUTE OR CONTROVERSY 18.1 Right to Arijitration. Should any dispute or confroversy arise in connection with tiie books, records or accounte of any member agency or in connection with the acquisition, constmction, maintenance, operation repair, reconsfruction or enlargement of tiie Joint System or in connection with any of the affairs or operation thereof, or the execution of this agreement tiie goveming bodies of member agencies that are affiected by such dispute may elect to arbitiate tiie dispute or confroversy in accordance witii tfiis section. In tfie event of such election, tiie goveming body of each member agency affected shall appoint or designate one disinterested person as an arisitrator. Said arbifrators so chosen, if an even number, shall designate an additional disinterested person to make an odd number of arbitiators. Said arbifrators so chosen shall act as a Board of Arbitrators in connection with any such dispute or confroversy. The findings of fact approved by a 13 m Revised Basic Agreement - Encina Joint Powers Authority Ref: F&HR.00-4441 june 30, 2000 ) vote of the majority of the members of the Board of Arbitrators shall be binding upon the affected member agencies. 18.2 Right of Observation. The parties to any arbitiation proceedings held under the provisions of tiiis agreement shall notify every otiier member agency not a party tfiereto of such arbitration proceedings and any other member agency shall have tiie right to be represented at such proceedings by a member agency designated observer. 18.3 Right to Expert Arbitiation. Any confroversy which can be determined by an engineer's or otiier expert's findings and which under this section could be submitted to arbitration may, if tiie parties thereto agree in writing to do so, be submitted to a named engineer or expert who shall be tiie sole arbifrator. Any such engineer shall be a Registered Engineer in the State of California. Any such engineer or expert shal! be disinterested as required of arbitiators on an arioitiati'on board. He shall proceed in tiie same manner provided herein for an arbifration board. History: Adopted December 17, 1990; Amended effective November 18, 1992. Section 19 APPORTIONMENT OF UABILITY Any liability incurred by the member agencies, which liability arises out of or in connection with the operation and/or maintenance of tiie Joint System, except for coste of improvemente to such facilities and operating and maintenance coste, shall be discharged by payment by each member hereof in proportion to tiieir respective ownership in the facilities at tiie time of the incident which J resulte in tiie liability. History: Adopted December 17, 1990; Amended effective November 18, 1992. Section 20 NOTICES Notices required or permitted under this Revised Basic Agreement shall be sufficiently given if in writing and if either served personally or mailed by certified mail to the member agencies. History; Adopted December 17, 1990; Amended effective November 18, 1992. Section 21 SEVERABILITY If any one or more of the terms, provisions, promises, covenante or conditions of tiiis agreement shall by any extent by adjudged invalid, unenforceable, void or voidable for any reason whaboever by a court of competent jurisdiction, each and all of tiie remaining terms, provisions, promises, covenanb and conditions of tiiis agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. History: Adopted December 17, 1990; Amended effective November 18, 1992. Section 22 MODIFICATION OF AGREEMENT This agreement shall contain all the terms and conditions made between the parties hereto and shall not be amended except by an agreement in writing signed by all the member agencies. History: Adopted December 17, 1990; Amended effective November 18, 1992. 14 Revised Basic Agreement - Endna Joint Powers Authority Ref: F&HR.00-4441 June 30,2000 Section 23 SUCCESSION The provisions of tills agreement shall be binding upon and shall inure to tiie benefit of tiie successors of the parties hereto. History: Adopted December 17, 1990; Amended effective November 18, 1992. Section 24 APPROVAL This agreement shall be approved as of the date that all of the member agencies have approved tfiis agreement and the Revised Establishment Document History: Adopted December 17, 1990; Amended effective November 18, 1992. IN WITNESS WHEREOF, each party hereto has pursuant to resolution duly passed and adopted by their respective governing bodies caused this Revised Basic Agreement to be executed tiie day and year first above written. , CITY OF VISTA By Mayor Attest: City Clerk CITY OF CARLSBAD By Mayor Attest City Clerk LEUCADIA COUNTY WATER DISTRICT By. President VALLECITOS WATER DISTRICT By_ President Resolution and Signature Sheets are on file with Encina Wastewater Authority. 15 Revised Basic Agreement - Encina Joint Powers Authority Ref: F&HR.0O4441 June 30, 2000 BUENA SANITATION DISTRICT By. Chairperson CITY OF ENCINITAS By Mayor Attest Oty Clerk Approved as to form: By. JAC Counsel Resolution and Signature Sheets are on file with Encina Wastewater Authority. 16 Revised Basic Agreement - Encina Joint Powers Authority Ref: F&HR.00-4441 June 30, 2000 EXHIBIT B PHASE IV COST AUOCATION 1. Phase IV cost shall be allocated as follows: a. All coste shall be allocated by unit process and among flow, BOD, and suspended solids in tfie manner recommended for revenue programs by the State Water Resources Control Board. b. The replacement value of tiie existing Unit I and Unit J facilities at tiie mid-point of construction (projected ENRLA of 6465) shall be detennined. In detennining replacement value, grant funding shall be included except for the grant funding used to pay for tfie "oversized" portion of "oversized" items (i.e., items sized or undertaken for tfie ultimate site capacity, such as site grading and paving, piping, etc.). c. Dollar ownership of the existing facilities shall be determined by multiplying existing ownership percentages times the replacement values determined in step b. d. The cost of tiie proposed Phase IV facilities at tfie midpoint of construction (projected ENRLA of 6465) shall be estimated by the design engineer. e. The total value of the EWPCF following construction of Phase IV shall be estimated by adding tfie replacement value of tiie existing facilities (determined in step b) to tiie estimated cost of the Phase IV project (determined in step d). f. Needed dollar ownership of the EWPCF following consfruction of Phase IV shall be detennined by multiplying the revised Unit I liquid and solids and Unit J ownership's (determined in Exhibit A of tfie Thirty-Nintfi Supplement) by tfie total value ofthe EWPCF following construction of Phase IV (determined in step e). g. Phase IV cost allocations shall be calculated by subtracting existing dollar ownership's (detennined in step c) from needed dollar ownership's following construction of Phase IV (determined in step f). Credits and buy-ins for existing facilities are automatically included in tfiis calculation and need not be calculated separately; however, the dollar values of each are included below for background. Estimated Phase IV cost allocations in dollars and percent of totai are as follows: Existing Projected Ownership Ownership Following Phase IV Agency Vista 22,739,000 28,938,000 Carlsbad 20,585,000 33,216,000 Leucadia 13,314,000 27,297,000 San Marcos 14,099,000 27,105,000 Buena 4,436,000 11,020,500 Encinitas 4,694,000 6,470,500 Total 79,867,000 134,047,000 Estimated Effective Phase IV Cost 6,199,000 12,631,000 13,983,000 13,006,000 6,584,500 1.776,500 54,180,000 Credit/Buyin 11.44 (5,455,000) 23.31 25.81 24.01 12.15 3.28 (745,000) 2,916,000 2,091,000 2,023,000 (830,000) 100.00 Final Phase IV cost allocations will be determined following completion of Phase IV consfruction and will use the actual project costs spread according to the final engineer's estimate instead of the current engineer's estimate in steps d tiirough g above. Actual ENRLA at mid-point of constmction will be substituted for the projected value in step b. 17 Revised Basic Agreement - Endna Joint Powers Authority Ref: F&HR.00-4441 June 30, 2000 EXHIBIT C LICENSE PAYMENTS & SCHEDULE OF VALUES (1) Any portion of reserve up to 50% of Total Reserve Capacity: The license payment shall be 8% of tfie cunent replacement value of tfie facilities, witiiout grants deducted, adjusted each July 1 (commencing in July 1996) by updating tiie asset allocation spreadsheet to include any additional and changed capital project coste, and to reflect tiie current ENRLA construction cost index. Unit I and J license paymente shall be based on a flow rate of 38 MGD. Unit I liquid license paymente shall be proportioned based on tiie percentage of tiie Flow value of tfie total replacement value. Unit I solids license payment shall be proportioned based on the percentage of tiie sum of the BOD and SS replacement values, as compared to the total replacement value. (1) 1996 - Example calculations: Unit I - Total replacement value of Unit I (treatment facilities) witiiout grant deducted, July 1996 at ENRLA of 6522- $118,310,000, Flow value - $44,272,000, BOD value - $43,882,000, SS value - 30,157,000. Utilizing an interest rate of 8% yields a license payment of $249,000 per MGD ($118,310,000 times .08 divided by 38 MGD). Split between liquid and solids paymente: i liquid portion - $249,000 times 44,272,000/118,310,000 - $93,200 solid portion - $249,000 times (43,882,000 + 30,157,000)/118,310,000 - $155,800 UnitJ total replacement value - $20,881,000. $20,881,000 times .08 divided by 38 MGD - $44,000 July 1, 1996 license payment $93,200 per MCD of Unit I liquid capacity per year $155,800 per MCD of Unit I solids capacity per year $44,000 per MG D of Unit J capacity per year (2) The use of reserve amounte over 50% of Total Reserve Capacity: . License paymente shall be increased by 2/3. (3) July 1, 1996 license paymente: $153,300 per MGD of Unit I liquid capacity per year $259,700 per MGD of Unit I solids capacity per year $73,300 per MGD of Unit J capacity per year 18 AGREEMENT FOR OWNERSHIP. OPERATION, AND MAINTENANCE OF THE VISTA/CARLSBAD INTERCEPTOR SEWER THIS AGREEMENT Is made and entered Into as of the 26th day of February , 2002 . by and between the City of Vista, a general law city ("Vista"), and the City of Cartsbad, a general law city ("Carisbad"), collectively, ("the Parties"). WHEREAS, the Parties are responsible for providing sewage collection and transmission in their respective service areas and are authorized to contract with othere for the provision of such seniices; and WHEREAS, on July 13,1961, Vista Sanitation District and Carisbad entered into an agreement pursuant to Chapter 5 of Division 7 of Title 1 of the California Govemment Code to acquire, construct and operate a Joint Sewer System and allocated ownership and capacity rights to Vista Sanitation District and Carisbad in an interceptor sewer system,'sewage treatment facility, and ocean outfall (the "Basic Agreement"). The joint sewer system components were divided into pipeline reaches and pumping stations referenced by Units A, B, C, D, E, F, G, and H. WHEREAS, on August 17,1971, Vista Sanitation District and Carlsbad entered into an agreement whereby Vista Sanitation District agreed to bear ali cost of maintenance and operation of Untt "A", a trunk sewer pipeline paralleling i-78 and extending from Vista to the Carisbad city limit; and 2/06/02 WHEREAS, on September 3, 1975, Vista and Carlsbad entered Into an agreement \A4iereby Unit C (Buena Vista Pump Station), Unit D (Buena Vista Force Ma\n), and Unit G (Agua Hedionda Pumping Station) were increased in capacity and Carlsbad's capacity rights in Units C and D increased from 5.5 percent to 15.5 percent and Carlsbad's capacity rights in Unit G were reduced from 40.5 percent to 38.5 percent; and WHEREAS, bn or about September 14, 1983, the Vista Sanitation District was dissoh/ed, and Vista assumed the District's rights and obligations, induding those contained in the Basic Agreement; and WHEREAS, the Parties by written agreement dated December 27,1983, deleted Unit A and a portion of Unit B from the Joint System and released them to Vista as sole owner with complete responsibility for maintenance thereof. WHEREAS, on October 24. 1984, the City of Vista and the City of Oceanside entered Into an agreement to transfer sewage flow between the agencies; and WHEREAS, on May 22, 1987. a "Letter of Understanding for Upgrading of the Vista/Carisbad interceptor" was prepared by Carisbad and submitted to Vista designating a "trigger mechanism" to start constmction of replacement pipelines on the VIsta/Carlsbad Interceptor, and WHEREAS, pursuant to Article 1, Chapters, Division 7, Title 1 ofthe California Govemment Code, tiie Parties have entered into a Revised Basic Agreement, as may be amended firom time to time, with the other member agencies of the €ncina Wastewater Authority for the purpose of operating and maintaining a sewage treatment facility (Unit I) and ocean outfall (Unit J) (the "Revised Basic Agreement"); and 2/08/02 WHEREAS, Section 12.12 of the Revised Basic Agreement stipulates that fhe Administrator of the Encina Wastewater Authority shall operate and maintain, at tfie expense of Vista and Carisbad. the Buena Vista and Agua Hedionda Pumping Stations (fomnerly Units C and G. respectively, in ttie Basic Agreement): and WHEREAS. Units B, D. E. F, and H of the Basic Agreement were not incorporated into the Revised Basic Agreement wltti regard to operation, maintenance, or constmction ofthe Vista/Carisbad interceptor; and WHEREAS, tiie Parties desire to enter into an agreement for ownership, operation, and maintenance ofthe Vista/Carisbad Interceptor, described herein as VC1 tiirough VC16, the Buena Vista Pump Station and the Agua Hedionda Pump Station, the location of said facilities is as shown on attached Exhibits "A-1", "A-2" and "A-3" and incorporated herein by reference. THEREFORE, THE PARTIES HERETO AGREE TO THE FOUOWING: SECTION 1. DEFINITIONS For the purposes of tills agreement, the following tenns shall have the meanings indicated: 1.1 Vista/Carlsbad interceptor. An interceptor sewer pipeline, Jointly owned by Vista and Carisbad. beginning at Manhole No. 35 (according to City of Vista Drawing No. 1981, As-BuUt 2/27/87) located In ttie City of Oceanside approxlrnately 360 feet east of the norttieasteriy City boundary of Carisbad and extending to the Encina Water Poiiution Control Facility and includes the Buena Vista Pumping Station and fOrce main and ttie Agua Hedionda Pumping Station and force main, and any future improvements, and replacements, all as shown on Exhibits "A-l". "A-2" and "A-3". 2/0S/O2 1.2 Preliminary Deslon Report. A report that investigates a proposed improvement or enlargement to the Vista/Carisbad interceptor and provides infornnation on the need for the Improvement or enlargement, a description of facilities, materials, and design criteria, and a detailed cost estimate for the improvements or enlargement Including engineering, right-of-way, legal, administrative, constmction and inspection, and a tentath/e schedule for final design and constmction. The Preliminary Design Report may be prepared for any component needing upgrading when the peai< dry weather flow rate reaches sixty (60) percent of full pipe capacity, 1.3. Administrator. The Administrator shall be tfie Individuals designated to administer the functions of the sewer system for that City. For Vista and Carisbad, the Administrator is each City's City Manager or his/her designated representative. 1.4 Lead Aoencv. The Party to Project Agreements given responsibility for planning, design, and constmction of a given component of ttie Vista/Carisbad interceptor. 1.5 Pipeline Reach. A portion or segment of the Vista/Carisbad Interceptor sewer. A Pipeline Reach designates a change In pipe capacity or capacity ownership by the Parties. The unit deslgriation contained In the Basic Agreement for Pipeline Reaches and pumping stations is hereby replaced with Pipeline Reaches designated VCl ttirough VC16, the Buena Vista Pumping Station and ttie Agua Hedionda Pumping Station, all as shown on Exhibits "A-1", "A-2" and "A-3". 1.6 Inflow and infiltration. The sewer pipeline shall be maintained to exclude excessive inflow of surface water and infiltration of groundwater through manhole risers, covers and pipeline Joints. Allowable Infiltration shall not exceed 500 gpd per inch-diameter per mile. 2mmz 1.7 Wastewater. Wastewater shall be constmed to mean domestic sewage, autiiorized industtial discharges tiiat are In compliance with tiie Encina Wastewater Authorit/s Source Control Program, and Inflow/Infiltration. 1.8 improvement or Enlaroement Costs. The cost of land, easemonte and rights-of-way, engineering, constmction management, constmction Inspection, and constmction. 1.9 proiect Agreement. A separate agreement between Vista and Carisbad which defines the project-specific requirements of each Party, cost sharing for design and constmction. the method of cost accounting and tiie payment schedule for the Improvement or enlargement of any portion of the Vista/Carisbad interceptor. 1.10 Sen/Ice Area. The Service Area shali be the -sanitation sewer area served by the City of Vista or the City of Carisbad. it shali not include the sanitation sewer area of Buena Sanitation District unless approved bythe Parties in wrifing. 1.11 Capacity. Capacity, as defined herein, shall be constmed to be tiie sewage flowrate that may be conveyed through a pipeline when flowing full and is based on a depth of flow (D) to pipe diameter (d) ratio of one (i.e., D/d «1.0). SECTION 2. JOINT PARTICIPATION The Parties shall participate Jointly in the proportions hereinafter specified in ttie acquisition, construction, ownership, maintenance, operation and use of tiie Vista/Carisbad Interceptor, including ttie parts thereof which may be subsequentiy acquired or constmcted for the Improvement or enlaiigement thereof. Further, the Parties shall pay for such acquisition, consttuctlon, ownership, miaintenance, operation and use of tiie Vista/Carisbad Interceptor in the proportions hereinafter shown in Exhibits. 2/06/02 SECTION 3. CAPACITY RIGHTS 3.1 For tiie duration of this Agreement, each Party shall own and enjoy the right to use eighty percent (80%) of the Capacity of ttie Vista/Carisbad Interceptor in the proportions set forth In the table identified as "Vista/Carisbad interceptor Sewer System - Capacity Rights" which is attached hereto and Incorporated herein by reference as Exhibit "B". No Party shall use ttie Vista/Carisbad Interceptor, or any part thereof, to a greater percentage of its capacity and shall not in any way grant, encumber, limit or restrict Its Interest In any part of the Vista/Carisbad Interceptor, or partition or seek to partition the same or have the use of any part tiiereof for any purpose other than the disposal of sewage, without the prior written notification of the otiier Party. 3.2 if responsibility for tiie disposal of the sewage from a particular area regulated by this Agreement Is to be transfen-ed from one Party to tiie other, or a third Party, the capacity service shall be transferred accordingly on the effective date of the tiansfer of such responsibility, and the charges against the Parties amended to correspond therewith. Any Party proposing such transfer shall notify the other Party in advance ofthe transfer. No such transfer shall affect the capacity rights or obligations ofthe Parties In or to the Vista/Carisbad interceptor until the Parties shall have executed appropriate amendments to this Agreement. 3.3 The capacity rights Identified herein In Exhibit "B" include the Increased capacities that will be available as the result of the sewer replacement project for Pipeline Reaches VC5B through VC11A of the Vista/Carisbad Interceptor and subject to a separate Project Agreement as addressed in Section 5. 3.4 Neither Party shali exceed ttieir capacity rights in ttie ^yista/Carisbad Interceptor. In the event a Party temporarily exceeds Its capacity rights, it shall reimburse the other party the value of the excess capacity rights used. If the capacity used Is one year or less, ttie value of the capacity used shall be determined on a percentage of the overall O&M Budget unless ttie Parties agree to transfer its respective percentage of ownership of ttie Vista/Carisbad Interceptor permanentiy. St=CTIQN 4. ACQUISITION OF ADDITIONAL CAPACITY In the event either Party requires capacity in ttie Vista/Carisbad Interceptor in excess of the proportionate capacity allocated under this Agreement, and the Viste/Carisbad Interceptor Is not being used by the other Party to the full percentage of the total capacity to which they are entitled, ttie Party requiring additionai capacity may lease or purchase such additional capacity from the other Party. Such lease or purchase shall be accomplished by written agreement. SECTION 5. RESPONSIBILITIES OF LEAD AGENCY Carisbad shali be the Lead Agency witti responsibility for the Vista/Carisbad Interceptor, unless agreed upon othenvise by a separate Project Agreement; and therefore, Carisbad and Vista shall mutually agree on all recommendations for improvements and enlargements to ttie Vista/Carisbad Interceptor. A separate Project Agreement shall be prepared and executed by the Parties for ali future Improvements and enlargements to the Vista/Carisbad Interceptor and to detemiine ttie Lead Agency forthe Project Agreement. 2mm SECTION 6. IMPROVEMENTS OR ENLARGEMENTS OF THE VISTA/ CARLSBAD INTERCEPTOR 6.1 As deemed necessary, ttie Parties shall meet to discuss future improvements or enlargements of the Vista/Carisbad interceptor. Once it is agreed between the Parties ttiat an Improvement or enlargement is necessary, a Preliminary Design Report for the Improvement or enlargement of the Vista/Carisbad Interceptor shall be prepared. Upon completion and acceptance by ttie Parties of a Preliminary Design Report detailing an Improvement or enlargement, a Lead Agency will be designated that will prepare a Project Agreement which will identify the project speclflc requirements of each Party including the cost sharing ofthe Preliminary Design Report. 6.2 When the Project Agreement has been accepted by the City Council of each Party, the Lead Agency under the Project Agreement shall engage the sen/ices of a consultant or consultants to prepare plans, speciflcations, and related materials necessary for the acquisition and constmction of the Improvements or enlargements. The specifications shali contain ati appropriate hold harmless clauses, insurance requirements and Indemnifications fbr those agencies affected by tiie project 8.3 Upon completion of the plans, specifications, and related materials, their approval by the other Party, the acquisition of the necessary lands and rights-of-way, and at such time as the Parties are prepared to finance their proportionate shares of the acquisition and constiuction cost, tiie Lead Agency under the Project Agreement shaii advertise for bids for ttie constmction of the Improvements or enlargements or such portion thereof as may be hereaflier agreed to by the Parties. The decision to accept bids and award the constmctfon conttBct shall be the sole responsibility of the Lead Agency. The Lead Agency shall cause the work to be inspected, administer ttie execution ofthe contract, and approve necessary change orders. 8 2/06/02 6.4 The Parties may, at ttieir sole cost and expense, enlarge any pipeline reach or pumping station or portion tiiereof of ttie Vista/Carisbad Interceptor in which it Is the owner of capacity rights and any increased capacity in such pipeline reach or portion resulting from the enlargement shall belong to such Party paying ttie cost and expense thereof. The enlargement shall be performed in accordance wltti the requirements of this Section and by separate agreement. .qpnTIQN 7. LANDS AND RIGHTS-OF-WAY 7.1 Any land or rights-of-way acquired for the improvement or enlargement of the Vista/Carisbad Interceptor shall be acquired in the narpe of Carisbad and Vista as tenants in common. 7.2 At such time as the plans specifying the location of the necessary lands and rights-of-way for Improvement or enlargement of the Vista/Carisbad Interceptor have been prepared and approved by the Parties and the respective funds of the Parties are available for the acquisition thereof, the Lead Agency shaii proceed to acquire the necessary land and rights-of-way. The Lead Agency shaii notify the other Party of the amount to be deposited by the ottier Party with the Lead Agency to pay Its proportionate share ofthe acquisition costs. The ottier Party shali deposit its share with ttie Lead Agency prior to recording acquisition documents. SECTION 8. COST SHARING OF IMPROVEMENTS OR ENLARGEMENTS 8.1 All improvement or enlargement costs of the Vista/Carisbad Interceptor which are deemed necessary and beneflcial to both Parties under any Project Agreement shall be borne and paid by the Parties in proportion to each Party's capacity rights for each Pipeline Reach Iisted In the table attached as Exhibit "B", except as othenvise required by Section 6.4 of this Agreement. Under this section "necessary and beneflcial" shali mean ttiose expenses that are necessary for the d 2/06/02 completton of the Improvement or enlargement of the Vista/Carisbad interceptor and benefit both Parties to the Project Agreement. 8.2 Cost sharing shall be based on percentage of capacity owned after improvements are constmcted. fiFCTIQN9. OPERATION AND MAINTENANCE 9.1 Operation and maintenance of the Vista/Carisbad Interceptor shall include the labor, equipment and materials required for daily operation and routine maintenance. Routine annual maintenance activities typically include visual Inspections of ali manholes, clearing around manholes, grading and maintaining access roads and replacement of severely corroded or damaged manhole frames and lids. Cleaning and special Inspections, such as the inspection of ttie trestle crossing ofthe Agua Hedionda Lagoon, will be performed every three to five years or as necessary to maintain the Intended function of the Vista/Carisbad interceptor. Cleaning and special Inspections shall not be consWered to be routine annual maintenance. 9.2 Carisbad shall operate and maintain the Vista/Carisbad Interceptor, except for that portion specifically excluded in Section 9.3 below. In good repair and working order In accordance with recognbed sound engineering practice. Carisbad shaii maintain accurate records and accounts in connection with the operation and maintenance of the Vista/Carisbad interceptor. These records and accounts shall be available for Inspection by Vista upon request by written notice. 9.3 Operation and maintenance ofthe Buena Vista and Agua Hedionda Pump Stations and force mains of the Vista/Carisbad Interceptor shall be the responsibility of tho Administrator/Operator of the Encina Wastewater Authority as Identified In Section 12.1.2 of the Revised Basic Agreement with the Encina Joint Powers Authority, as may be amended from time to time, a copy of which is on file with the Administrator of 10 2/06/02 each Party. Operation and maintenance of existing Pipeline Reaches VC1 through VC3 shall be tiie responsibility of Vista until the pipeline and manholes have been rehabilitated ora replacement pipelirie is constmcted, finally accepted, and operational. SECTION 10. BUDGETING AND ACCOUNTING FOR OPERATION AND MAINTENANCE 10.1 Annual expenses for routine operation and maintenance of the Vista/Carisbad Interceptor shali be based on a rate of $2,000 per mile of gravity sewer as detailed In Exhibit "C", for a total annual cost of $14,000. An inflation rate of tfiree percent (3%) shall be applied annually to these expenses. These expenses, hereinafter refen'ed to as O&M expenses, Include the labor, equipment, materials and administration necessary to maintain tiie daily operation of the Vista/Carisbad interceptor as identifled in Section 9.1. 10.2 Carisbad and Vista shali share in the operation and maintenance expenses ofthe Vista/Carisbad Interceptor, except as stated othenvise In Section 10.3, based on the approximate ownership of each Party at the mid-point of the sewer. Vista shall be responsible for seventy-five percent (75%) and Carisbad shall be responstble for twenty-five percent (25%) of alt O&M expenses. Annually, on or around July 1 of each year. Carisbad shall Invoice Vista for their share of the operation and maintenance costs identified In Section 10.1 for the forthconning fiscal year. Special Inspections and cleaning, not included as part of routine annual maintenance, wiii be performed as necessary by Carisbad or a qualified contractor, as agreed by both Parties, and Invoiced to Vista on a time and material basts in proportion to the percentage identifled herein. 11 2A)6/02 10.3 The budget fbr the operation and maintenance of the Buena Vista and Agua Hedionda Pump Stations and force mains shaii be prepared by the Admlnlsti^tor/Operator of the Encina Wastewater Auttiority In accordance with the Revised Basic Agreement Vista shall be entitied to a credit for Its operation and maintenance of existing pipeline Reaches VCl through VC3 until said responsibility is relinquished to Carisbad in accordance with the temns of SecUon 9.3. The annual credit to Vista shall be $3,600 plus (3%) three percent Inflation for each subsequent year that ttiese reaches are maintained by Vista. SECTION 11. EMERGENCY REPAIRS OR RECONSTRUCTION 11.1 Carisbad shall be allowed to perform emergency repairs or reconstmction of the Vista/Carisbad Interceptor, In whole or in part, without prior approval from Vista as necessary to maintain tiie continuous operation of tiie system such that tiie need for repair or reconstmction is necessary to prevent property damage or imminent danger to healtti and safety. 11.2 The Parties shall each pay all costs of reconstmction of ttie Vista/Carisbad Interceptor, or portion thereof, in the same proportion as the Parties own capacity in ttie Vista/Carisbad Interceptor as provided In attached Exhibit "B". SECTION 12. MEASUREMENT OF SEWAGE FLOW/CAPACITY MONITORING Flows In ttie Vista/Carisbad Interceptor shali be monitored in accordance with Section 7 of the Revised Basic Agreement with the Encina Joint Powers Authority, as may be amended from time to time. A copy of which Is on file with the Administrator of each Party. \2 2/06/02 Additional flow monitoring may be peri'ormed by either Party as may be needed to monitor the capacity in selected reaches of the Interceptor. The Partys proposed flow monitoring program shall be presented to the ottier Party for their review and approval prior to Initiation of the activity. The cost of a temporary flow monitoring program shall be shared by the Parties In proportion to thetr respective capacity ownership rights Identifled in Exhibit "B". Either Party may conduct a flow monitoring program at its own expense without prior approval ofthe otiier Party. SECTION 13. PROTECTION OF THE VISTA/CARLSBAD INTERCEPTOR/ SOURCE CONTROL 13.1 The Vista/Carisbad Interceptor shall not be used by any Party to this Agreement for any purpose other than the conveyance of wastewater unless mutually agreed to by separate written agreement 13.2 Each Party to this Agreement shall take reasonable steps to prevent excessive inflow of any surface or stomi waters or excessive inflltration of groundwater, as defined by Section 1.6, to be discharged into the Vista/Carisbad Interceptor, either directiy or indirectly When wet weatiier fiow exceeds 160% of the 30-day average maximum day dry weather fiow as detemiined by flow monitoring, an inflltration and Inflow Study shall be initiated. The Lead Agency shali perfonn ali studies on the Vista/Carisbad Interceptor with cost for the study being shared equally between the Parties. Shoukj the results of the study identify upstream collector or tmnk sewers as the source of inflow or Infiltration, Each Party shali be responsible for the cost to repair tiie sewer system within its Sen/Ice Area to reduce Inflow and Infiltration to acceptable levels. 13 2/06/02 13.3 No Party to this Agreement shall allow cooling water or other unpolluted Industtial wastewater to be discharged directty or Indirectly into the Vista/Carisbad Interceptor without the consent of ttie Parties to this Agreement and Encina Wastewater Auttiority. SECTION 14. RULES AND REGULATIONS CONCERNING USE OF SEWERS Each Party shali adopt and enforce ordinances, resolutions, mles and regulations, concerning the type and condition of sewage and waste permitted to be discharged directly or indirectiy into the Vista/Carisbad Interceptor and shall prohibit persons and usere of every kind and nature, Including but not limited to, other public agencies from discharging Into such sewers any sewage or waste which would be detrimental to the Vista/Carisbad Interceptor or any part thereof. Such ordinances, resolutions and mles shall comply with the "Pre-Treatment Ordinance for tiie Encina Wastewater Authority", amended March 28, 2001, as may be amended from time to time. Each Party shall also comply with the applicable statutes, ordinances, mles and regulattons of agencies of the United States, State of Califomia, County of San Diego, California Regional Water Quality Control Board-San Dlego Region, the Encina Water Poiiution Control Facility, and any city having Jurisdiction over the collection, trensmission, treatment and disposal of sewage and wastes. SECTION 15. CONNECTION TO VISTA/CARLSBAD INTERCEPTOR Connections to the VIsta/Carisbad Interceptor shall be made only at manholes. Only collection or tmnk sewer lines may be connected to the Vista/Carisbad Interceptor or any part thereof, and no Party to this Agreement shall approve or pemnit the direct connection of any premises to the Vista/Carisbad Interceptor without Issuing advance written notice to the other Party. 14 2/06/02 SECTION 16. BUDGETING AND ACCOUNTING Each Party shall be strictty accountable for all funds received and shall maintain adequate records of aii receipts and disbursements pursuant to this Agreement. In addition, each Party shall maintain such additional records relating to the acquisition, constmction, ownership, maintenance, operation and use of the Vista/Carisbad interceptor as is appropriate. Each of the Parties, with reasonable notice, has the right to inspect and examine the records of ttie other Party insofar as such records relate to the Vista/Carisbad interceptor. SECTION 17. INSURANCE Each Party shall maintain for the duration of the Agreement, and any and all amendments, liability Insurance against claims for injuries to persons or damage to property which may arise out of or In connection with performance of the sen/ices of each Party, their agents, representatives, employees or subcontractors. Each Party shall maintain worker's compensation coverage and limits as required by the Califomia Labor Code. SECTION 18. SEWAGE SPILLS Except as otherwise provided below, any sewage spill which occurs as a result of an unforeseen condition, and said sewage spill could not have been prevented with normal and routine maintenance, then each Party shall be responsible for the costs for cleanup and payment of any legal fines and expenses incuned in proportion to each Party's Capacity Ownership In the Vista/Carisbad Interceptor. Any Party, who by its sole negligence or willful misconduct, causes a sewage spill shall be solely responsible for all costs for cleanup and payment of any legal fines and expenses incun'ed. 15 2/06/02 SECTION 19. HOLD HARMLESS Except for the other Party's sole negligence or willful misconduct, if the Lead Agency constmcts any facility, pipeline, or Improvement, the other Party, its officere and employees shall not be liable fbr any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, nor for personal injuries or death caused by, or resulting from, any intentional or negligent acts, errors or omissions of the Lead Agency or its agents, employees or representatives in connection with said constmction. The Lead Agency shaii defend, indemnify, and hold free and hamiless the ottier Party and its officers and employees against any of the foregoing claims, liabilities, penalties or fines, including liabilities or claims by reason of alleged defects in any plans and specifications, and any cost, expense or attorney's fees which are incurred by the other Party on account of any of the foregoing. Where loss occurs from the negligent operation or maintenance of the Lead Agency, the Lead Agency shall Indemnify the other agency for all liabilities, lawsuits, and/or fines by Regulatory Agencies Incurred therefrom. In addition, where constmction wori< is performed by the Lead Agency, the Lead Agency shall Indemnify the other Party for aii liabilities arising out of the constmction worit as a result of negligence, lawsuits, and/or fines by Regulatory Agencies. For purposes of this section, the Lead Agency for the operation and maintenance of existing Pipeline Reaches VCl tiirough VC3 shall be Vista until tiie pipeline and manholes have been rehabilitated or a replacement pipeline is constmcted, finally accepted, and operational. 16 2/06/02 SECTION 20. NOTICE Notice required or pemi'itted under this Agreement shall be provided In writing, either sen/ed personally upon or mailed by registered or certified mall to the Administrator ofthe other Party. SECTION 21. SETTLEMENT OF DISPUTE OR CONTROVERSY 21.1 Should any dispute or controversy arise in connection with the books, records or accounts of any Party to this Agreement or in connection with the acquisition, constitictlon, maintenance, operaUon, repair, reconsttnction or enlargement of the Vista/Carisbad Interceptor or in connection with any of the. affairs or operation thereof, or the execution of the term of this Agreement, the Parties shall make reasonable efforts to resolve the dispute. In the event that the Parties are unable to reach a resoiution to the dispute, the Parties shaii select a disinterested mediator to assist in the resoiution of the dispute. Each party shall share equally in the cost of the mediator. 21.2 in ttie event that the Parties are unable to resolve the dispute with a disinterested mediator, the Parties shaii submit to non-btndlng art)ltration. In the event of such election, each Party shali appoint or designate one disinterested pereon as an ari^iti^tor and said arbitrators so chosen. If an even number, shall designate an additional disinterested person to make an odd number of arbltratore and said arisitratore so chosen shali act as a Board of ArtJlti^tore in connection with any such dispute or controversy. The decision of the ari^ittxitors shall be binding unless a Party flies a legal action for a trial de-novo. If the Party seeking trial de-novo falls to obtain a judgment better than the arbitrator's decision, that Party shall be liable for all cost, including attorneys fees of tfie other Party. 17 2/06/02 SECTION 22. MODIFICATION OF AGREEMENT Agreement shali contain all the ternis and conditions made between the Parties hereto and shaii not be amended except by an agreement in writing signed by all Parties. SECTION 23. SEVERABILITY if any section, subsection, sentence, clause, phrase or work of this Agreement or the application thereof, to any Party, or to any other person or circumstance is for any reason heid invalid, it shall be deemed severable and ttie validity of the remainder of the Agreement or the application of such provision to the other Parties, or to any other person or circumstance shall not be affected thereby. Each Party hereby declares that It would have entered into this Agreement and each secti'on, subsection, sentence, clause, phrase and wori( thereof in-espective of the fact that one or more section, subsection, sentence, clause, phrase or word, or the application thereof to any Party or any other person or circumstance be held invalid. SECTION 24. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but ail of which, taken together, shall constitute one and the same instmment /// /// /// /// /// /// 18 2/06/02 SECTION 25. TERM The term of this Agreement will be effective for a period of twenty (20) yeare from the date first above written. The Agreement may be extended for two (2) additional ten (10) year periods or parts thereof. The Parties will prepare a written amendment indicating the effective date and length of the extended Agreement. IN WITNESS WHEREOF, each Party hereto has pursuant to resoiution duly passed and adopted by its respective governing body this AGREEMENT and caused it to be executed and be effective on the date first above written. CITY OF VISTA: ^ .CITY QFMRISI APPROVED AS TO FORM: J. WAYNE DERNETZ, City Attomey OOD, CityClerk APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY:_^^^r^ )eputy City Attorney V Id 2A)6/02 Exhibit "A-1" Vista/Carlsbad Interceptor Buena Vista Lift Station Legend /^^'ForceMain ^/Vista / Carisbad Interceptor Vista Metering Station nahswrtBir revisad 12-17-01.RL Exhibit "A-3" Vlsta/Carlsbad Interceptor Legend ^^^'ForceMain ^^Vista / Carisbad Interceptor nati8wrterTy.apr revised: 12-17-01 - RL EXHIBIT "B" VISTA/CARLSBAD INTERCEPTOR SEWER SYSTEM Capacity Rights •-;--.f.::;:;i::-VVisfa:;a^ • •i:.,:-:-^' iGarisb'a'd ;'^';pip^iii^:^ • : •'" .Reaiih'";'-^ •" • '^^m^i: .;:5ize;::::.f; "(Inches)"' •• Pipe.:,:; ; Capacity, (mgd) (a) •'.Average.,:-' .. FR)w;-, (mad) (b) Percent', Capacity, • (0 , Capacity,.:- '• Rights (mgd) ; AvSf^ge , ...:Fiow- :{mgdj(b) Percent.';- 'Capacity- (c). -Cafjfciii?'!! '•Rlgli^S;'-; (rtiqdy^;,: VC1 36 30.0 10.38 100 30.0 ~ — 0 VC2 42 34.0 10.38 93.4 31.8 0.73 6.6 2.2 VC3 36 19.5 10.38 89.6 17.5 1.20 10.4 2.0 Buena Vista Pump Sta. ~ 23.1 10.38 89.6 20.7 1.20 10.4 2.4 VC4 (Force Main) 24 23,1 10.38 89.6 20.7 1.20 10.4 2.4 VCS" 42 31.5 10.38 89.6 28.2 1.2 10.4 3.3 VC6* 42 31.5 10.38 81.9 25.8 2.29 18.1 5.7 VC7* 42 31.5 10.38 79.4 25.0 2.69 20.6 6.5 VCS* 42 31.5 10.38 79.4 25.0 2.69 20.6 6.5 VC9* 48 28.5 10.38 75.5 21.5 3.37 24.5 7.0 VC10* 48 28.5 10.38 74.7 21.3 3.51 25.3 7.2 veil 42 20.5 10.38 69.1 14.2 4.65 30.9 6.3 Agua Hedionda Pump Sta. 23.0 10.38 69.1 15.9 4.65 30.9 7.1 VC12 (Force Main) 2-18 23.0 10.38 69.1 15.9 4.65 30.9 7.1 VCl 3 42 20.5 10.38 69.1 14.1 4.65 30.9 6.4 VCU 42 20.5 10.38 56.1 11.5 8.11 43.9 9.0 VC15 42 22.8 10.38 56.1 12.8 8.13 43.9 10.0 VC16 54 67.4 10.38 50.2 33.8 10.28 49.8 33.6 a) Pipe capacity is based on a depth of flow (D) to pipe diameter (d) ratio of one (i.e., D/d = 1) and Manning's "n" value of 0.013, except where noted with an *, n=0.012 for pvc lined pipe. b) Average flow rates are obtained from the October 1997 Sewer Master Plan Update for the City of Carlsbad. The Master Plan Update used a peaking factor of 2.0 for the Vista/Carlsbad Interceptor Sewer System. c) The percent capacity for each pipeline reach is based on the ratio of average flow to totai flow times 100 percent. 20 2/06/02 EXHIBIT "C" VISTA/CARLSBAD INTERCEPTOR SEWER ANNUAL OPERATION & MAINTENANCE BUDGET 1. Manhole Insoections (aporoximately 85) (twice per year) 120 2. Clear Vegetation Around Manholes 80 3. Maintain Access Road East of Havmar Drive (twice oer year) 40 4. Reolace Corroded Manhole Lids {approximately three per year) 40 '.::;r- —•• ••••!±V^-^ - :•'. '•rv- ' "-^^ TOTAL- 1 • f..- . • 1 .,,——1 — •:)"• • 280-HOUR®!:?: 1 ahnr 280 hours x$28/hr = $7,840 Vehicles/Eauipment 280 hours x$10/hr = $2,800 15% Administration & Overtiead = $1,596 Materials = $1,764 "TOTAL Approximate length of gravity sewer, 7-miles Cost per mile. $14.000/7-miles = $2,000 per mile NOTES: 1. Annual O&M costs do not include special Inspections such as the Agua Hedionda Trestle or pipeline cleaning which can be expected to occur every 3-5 years. 2. O&M costs wili be Increased 3% per ysar to adjust for Inflation. 21 2/08^2 I- AGREEMENT BETWEEN THE BUENA SANITATION DISTRICT AND CITY OF CARLSBAD FOR THE LEASE OF CAPACITY IN THE ENCINA OUTFALL This Agreement, made and entered into this 15th day of December , 1981, by and between BUENA SANITATION DISTRICT, a county sanitation district, formed and existing under the Couhty Sanitation District Act (Section 4700, et seq.. Health and Safety Code) hereinafter referred to a.s "Buena" and the City of Carlsbad, a municipal c orp or a t ion h e re i na f t e r referred to as "Carlsbad." WITNESSETH: 1. The city of Carlsbad and Buena Sanitation District entered into an Agreement for the lease of capacity in a land sewage outfall on June 20, 1966. 2. Now Buena and Carlsbad desire to rescind that Agreement and reolace it bv a new Agreement. NOW THEREFORE, the parties hereto agree as follows: Section 1. EFFECTIVE DATE: This Agreement shall take effect December 15. 1981 . Section 2. LEASE OF CAPACITY: Buena agrees to lease to Carlsbad the following listed percentages of capacity in the Encina Outfall: Contract Nc, 18200-R STATION TO STATION* Z OF TOTAL LINE CAPACITY AMOUNT m^^^f 0 I 20 -»-00 20 81. 43 34. 88 $ 48,625 m^^^f 0 I 20 + 81. 43 33 36. 43 c- ? 31. 71 14,280 U2 + 36. 43 42 + 28. 18 f - /-z-. 28. 21 10,070 U2 + 28. 18 67 + 42. 43 /T. - ^ 28. 21 20,900 ^-T 6 7 + 42. 43 87 + 57. 43 21. 13 11,735 x5;t|?j^8 7 57. 43 190 + 93. 2 9 18. 84 45,950 '• C204 + 93. 29 204 + 08. 65 s-f - r-f 17. 65 5,630 '• C204 08. 65 209 56. 94 17. 65 2.410 Total $159,600 ^Stations as shown on hereinafter mentioned plans. ^%*Cdpacity is defined as the total amount of sewage conveyed by each section of the Encina Outfall, flowing full without surcharge or HoiUage. ' . • l^a i d Encina Outfall ia the outfall sewer line, shown on those certain plans entitled "Plans for the Pro.iect-Sheets 1 through 7 Inclusive" on file in the office of the Department of Public Works of the County of San Sati Diego, .5555 Overland Avenue, Building 1, San Diego, California, a copy of which has been furnished to Carlsbad. Section 3. TERMS OF LEASE I. Buena shall lease to Carlsbad for a period commencing the effective date of this agreement and ending on or before July 1, 1996, the percentages of capacity listed in Section 2 herein, said lease to be upon the following terms and conditions: (a) The total rental sum shall be $159,600 of which $85,120 shall be paid on or before the date of this Agreement. The - remaining sum shall be payable as follows.:. 14 equal annual, payments of $5,320 each, beginning July 1, 1982, and payable each July 1 thereafter until fully paid. (b) Options are hereby gr'anted by Buena to Carlsbad to purchase the capacitv which is the subiect of this lease. These options may be exercised provided lesee is not in' default I I I I I of lease payments at the time lessee exercises the option to purchase. The option purchase price shall be the sum of $159,600 less the amount of rental already paid to Buena under the terms of this Agreement. 2. Carlsbad may exercise the option to purchase at any time by giving one month's notice in writing, sent by registered or certified mail to Buena Title to the capacity shall vest in Carlsbad upon delivery to Buena of paymer in the full amount of said purchase price together! with any renta-l payment di at -thi^. time -of the exercise of- eaid "op-t iati?. ^'•-Uili-til-'sttcK^"^^^ exercises its option, title to the capacity which is the subiect of this Afrreement will remain in Buena. 3. Carlsbad shall not lose its right to exercise said option upon termination of the lease period, unless Carlsbad fails to exercise the same in ten (10) days after receipt of written notice from Buena to do so and to make prompt payment of any amount due or if no amount is due then one dollar. Section 4. CONNECTIONS: Carlsbad, at its sole expen^se, shall be re.sponsible for the construction, installation,* maintenance, repair, replacement or reconstruction of any necessary transmission facilities from Che Carlsbad Service Area to the Encina Outfall and for the connection of such transmission facilities together with any necessary appurtenances to the Encina Outfall. ..- . B-3 Section 5. ENGINEER'S APPROVAL: The location, installation, construction, repair (except: emergency repairs) replacement and/or reconstruction of the connections to the Encina Outfall shall be according to plans and specifications first approved by Buena's engineer. Section 6. LIMITATIONS ON TYPE AND CONDITION OF SEWAGE:^ All sewage discharged by Carlsbad into Encina Outfall shall conform to the ordinances, fesolutions, rules and regulations which Buena must adopt in accordance with Agreements of the Encina Joint Powers concerning the condition of sewage and waate permitted to be discharged to the Joint System or any part thereof. Section 7. METERING: Carlsbad shall provide a device to meter the Flow of sewage in the Encina Outfall at a point-below any lateral ionnection, but above the Encina Sewage Treatment Facility.. The meter will 56 installed and operated solely at Carlsbad's expense. Section 8. INFILTRATION: It is understood and agreed that there will t inflow of water into.the. Encina Outfall because of leakage between the :arlsbad connection and the Encina Treatment Plant. Bue^a shall estimate :he total waters that infiltrate the Encina Outfall between said connection ind treatment plant (sometimes referred to herein as "infiltration") and tpportion the same among all of such users of the Encina Outfall in the iroportion that the amount of sewage discharged into the Encina Outfall by ;ach such user bears to the total amount of sewage discharged into the " incina Outfall by all of such users of said Outfall. The amount of .nfiltration apportioned to each such user shall be deemed a part of the ifiwage of such user for all purposes' B-4 I Section 9. MAINTENANCE CHARGE: I.. . During such period as Carlsbad is authorized to use a portion of H the capacity of the Encina Outfall, whether as lessee or owner of such caoacitv, Carlsbad shall pay to Buena a share of the cost of the m maintenance and operation of; fehe Encina Outfall, said_share; of the cost to §be in proportion to the average flow of sewage discharged into the Encina :, Outfall through Carlsbad's connections to said outfall as compared to the p total a-verage flow of sewage discharged into said Encina Outfall. .2. Buena shall bill Carlsbad for its share of the cost from time to p time, but at least annually, and Carlsbad shall 'pay its share of the coat to Buena within thirty (30) days after being so billed. * 3. Buena shall keep accurate records of i-ts cost of maintaining and H operating the Encina Outfall and such records shall be open to inspection •«.*arlsbad at all reasonable times. I Section 10. CHARGE AGAINST CAPACITY RIGHTS IN ENCINA TREATMENT PLANT ANn.OCEAN OUTFALL: All.sewage discharged into the Encina Outfall through Carlsbad's connection, under the terms of this Agreement^and thereafter discharged into the Encina Treatment Plant, and all infiltration allocable to Carlsbad as determined by Section 8 of this Agreement, shall be charged against Carlsbad's capacity rights in and to the Encina Treatment Plant and Ocean Outfall. Section 11. REPAIRS: The Encina Outfall Sewer shall be maintained by Rtiena in good repair and working order in accordance with sound engineering practices. It shall be the duty of Buena to make repairs on said Encina Outfall reauired to keep'such outfall sewer in good operating litinn. Except as provided in Section 12, the cost of all repairs shall ^ part of the maintenance costs of the Kncina Outfall. I i if I 5 Section 12. MAJOR REPAIRS AND RECONSTRUCTION AND REPLACEMENT: Notwithstanding the provisions of Section 11 hereof, if it becomes necessary for Buena to undertake major repairs of said Encina Outfall or any portion thereof or to replace or reconstruct said Encina Outfall or any portion thereof, the parties hereto shall pay ill feosts.of g^^h major repair, replacement or reconstruction in the same proportion as the partie.s own or lease capacity in the Encina Outfall or portion thereof repaired, replaced or reconstructed. . ^Section 13. INTERRUPTION OF SERVICE: In the event'of an interruption of services to Carlsbad in the Encina Outfall, as i result of disaster, operation of State or Federal law, discontinuance or intdrruption of service to Buena by the Encina Treatment Plant or Ocean Outfall, or any 5ther cause beyond the control of Buena, Buena shall-bear no liability and .hall be held harmless by Carlsbad from anv claims and liabilities for any Iniury to or damage to any person or persons or property or for the death >e any person or persons arising from or out of such interruption of service or for any other damages or costs incurred by Bue^a as a result of !uch interniptionofservice. , B-6 I : 0 Section 14. ARBITRATION: Except as otherwise provided herein, all P controversies arising out of the interpretation or application of this agreement or the refusal of either party to perform the whole or any part thereof shall be settled by arbitration in accordance with the provisions of this section and where not provided by this section, in accordance with p the statutory provisions of the State of California then in force. The I I I controversy shall be submitted to a board of three (3) arbitrators which .shall be appointed, one by Buena, one by Carlsbad and the third by the first two. The party desiring arbitration shall notify'the other party by I a written notice statine the following: (1) that it desires arbitration. (2) the controversy to be arbitrated. (3) that it has appointed its nominee, and (4) that it requests the other party to appint its nominee. |tmhin thirty (30) days from the receipt of said notice the other party ^^11 appoint its nominee. Within fifteen (15) days after the last party I has appointed its nominee the two nominees shall appoint the third. None of the arbitrators shall.be a resident of, or taxpayer in. or own property in, or have a place of business in, or be employed in orihy, or have any I contract with, or be an officer or employee of,* either party. The arbitration board shall hold at least one hearing and. at least ten (10) Idavs before said hearing, shall give each party written notice thereof. The arbitration shall be restricted to matters relative to that stated in the notice requesting arbitration. The arbitration board shall have no authority to add to or subtract.from this agreement. Each party shall be given an opportunity to be heard and to present evidence. Upon conclusion of the hearing or hearings the arbitration hoard shall reduce I m I their findings of fact, conclusions of law and the award to writing, and shall sign the same and deliver one signed copy thereof to each public agency. Such award shall be final and binding upon both parties. A majority finding shall govern if the arbitrators' determination is not unanimous. Each party shal^:: pay its own expenses, including the expenses of the arbitrator which it nominates. The expenses of the third arbitrator and the administrative -costs of the arbitration proceedings shall be sharedegually. Any controversy which can be determined by an engineer's findings and which under this section could be submitted to arbitration may, if the parties thereto agree in writing to do so, be submitted to a named engineer who shall be the sole arbitrator. Such engineer shall be a member of the American Society of Civil Engineers and shall be disinterested as hereinbefore in this section reauired of arbitrators on an. arbitration hoard. Re shall proceed in the same manner and shall make findings, conclusions and an award in the manner provided herein tox an arbitration board. i Sect ion 15 . NOTICE: Notices required Or permitted under this agreement shall be sufficiently given if in writing and if either served pesonally upon or mailed by registered or certified mail to the clerk or secretary of the governing body of the affected party to this agreement. "Section 16. LIABILITY: Nothing herein contained shall operate-to - relieve Carlsbad of any liability for damages to persons or property arising from or out of the installation, construction, operation, maintenance, repair, replacement or'reconstruction of the aforesaid sewer connections and appurtenances or from anv action or inaction of Carlsbaqd or of its officers, agents or employees in connection therewith. 8 B-8 I I I I I I And except as provided in Section 16 nothing herein contained shall o'pe rate to. relieve Buena of any liability for damages to persons or property arising from or out of the installation, construction, operation, ittdintenance, repair, replacement and/or reconstruction of the aforesaid ••iriwet^, c onnec tions :and appurtenances or from any action or inaction of Buena or of its officers, agents or employees in connection therewith. Section 17. INDEMNITY: To the extent it may legally do so, Carlsbad shall defend and save and hold free and harmless Buena and its agents, officers and employees from any claims, liabilities, penalties or- fines for injury to or damage to any person or property or for the death of any person arising from or out of any act or omission of Carlsbad, its agents, officers, employees or contractors, arising from or out of any |defects in the installation, construction, operation,' maintenance, repair, acement or reconstruction of said sewer connections or appurtenances, t Section 18. TIME OF ESSENCE: Time is of the essence of this I areemen t. . Section 19. SEVERABILITY: If any section, subsecJ^ion, sentence, I clause, phrase or word of this agreement, or th'e application thereof, to any party, or to any other person or circumstance is for any reason held I invalid, it shall be deemed severable and the validity or the remainder of I the agreement or the application of such provision to the other parties or to' any other persons or circumstances shall no t hie a f fee ted thereby. Each I party hereby declared that it would have entered into this agreement and each section, subsection, sentence, clause, phrase and work thereof I irrespective of the fact that one or 'more sections, subsections. I snces, clauses, phrases or words, or the application thereof to any pWty or any other person or circumstance be held invalid. I . ' B-9 i "^^^^ asreeraent shall be binding upon the parties hereto and the successors and assigns of each pf them. IN WITNESS WHEREOF, each party hereto has pursuant to resolution duly passed and adopted by its respective governing body caused this agreement tp be executed the date first above written. BUENA SANITATION DISTRICT Ass't,Clerk ^?^Board ot Directors APPROVED BY THE DISTRICT BOARO OP DRKTORS aaw OF roe Dwwcr BOMo or omjcMiis CITY OF CARLSBAD By. Mgyor 10' APPROVED AS fOfOW4W10>-EBALin couNTf eouNsa ^1 BY AGREEMENT BETWEEN THE BUENA SANITATION DISTRICT AND CITY OF CARLSBAD FOR THE LEASE OF ADDITIONAL CAPACITY IN THE ENCINA OUTFALL Tiiis Agreement, made and entered into this iRth dav of Decemh^r 1987,. by and between BUENA SANITATION DISTRICT, a county sanitation district, formed and existing under the County Sanitation District Act (Section 4700, et seq., Health and Safety Code) lierelnafter referred to as "Buena" and the CITY OF CARLSBAD, a municipal corporation hereinafter referred to as "Carlsbad." WITNESSETH: 1. Carlsbad and Buena Sanitation District' entered into an Agreement for the lease of capacity in a land sewage outfall on June 20, 1966. 2. The City of Carlsbad and Buena Sanitation District rescinded the 1966 Agreement and replaced it with a new agreement in i981. 3. Now the City of Carlsbad desires to temporarily lease additional capacity in the land sewage outfall from Buena. NOW THEREFORE, the parties hereto agree as follows: Section 1. EFFECTIVE DATE: This agreement shall take effect July 1, 1988. Section 2. LEASE OF CAPACITY: Buena agrees to lease to Carlsbad on a temporary basis .8 peak mgd until a replacement sewer is constructed in accordance With Section 3 of this Agreement. Section 3. NEW CONSTRUCTION: When peak flows in the interceptor reach 75% of the depth of the pipe in any reach of the Encina Outfall, as determined by the Buena Sanitation District, Carlsbad shall construct a replacement outfall to eliminate the need for this lease. When the cpnstructlsa is cfiojpleled this lease shall ter!Tiin3,te. when flows reach 75% of the depth of flow of the pipe all payments reqdifed in Section 4 of this agreement shall double and they will double agaih each year until the flows are removed from the line. If other unanticipated capacity problems arise relating to this lease, Carlsbad, at Buena's request, will be required to pay their share to correct the problem. Section 4. TERMS OF LEASE: Carlsbad shall pay to Buena $7,500 per year for the term of this lease. If permanent capacity should become available for acquisition Carlsbad shall retain the option to acquire said capacity and apply previous lease payments towards the acquisition price. Section 5. CONNECTIONS: Carlsbad, at its sole expense, shall be responsible for the construction, installation, maintenance, repair, replacement or reconstruction of any necessary transmission facilities from the Carlsbad Service Area to the Encina Outfall and for the connection of such transmission facilities together with any necessary appurtences to the Encinas Outfall. Section 6. ENGINEER'S APPROVAL: The lorat n • + ii ^• construction, repair (except emergency repairs) reolacpmpnt -H/O., installation the connections to the Encinas Outfall shall be accord^^^^^^^^^ reconstruction of first approved by Buena's engineer. according to plans and specifications Section 7. LIMITATIONS ON TYPE AND CONDTTTON nf ^cubrc. AII discharged by Carlsbad into Encina OutfTll ^h.^^^^^ sewage installed and operated solely at Carlsbad's expense. ^ infi^u, .^^4^^- INFILTRATION: It is understood and agreed that there will hP rnnlo^-^^ "^A^L '1:^° ^"'^"^ ^^^^^^^ ^^causo of leakage between the Ca^^^^ connection and the Encina Treatment Plant. Buena shall estimate the total waters th.? iliiliiliiliiP Section 10. MAINTENANCE CHARGE: capacity o^he'l:?i„Tn^.//.V,°^Jf.a^'f^?.Al.-th°""'< > Portion of the shall pay to Buena a Outfall, said share 'ch5!i!^oyVk"^^^^!^ l^l"see or owner of such capacity, Carlsbad of JhP rn.t%?'h °- the maintenance and operatibn of'^the Encina OCEAN OUTFALL^'"" iu Z^l^ w^^'^^J^^ ^^^^^^ ^^^^NA TREATMENT PLANT AND Lnection u^rlPr Ihp 7ot^^^^ y'^"-^'^. ^"^^""^ O^^^^ll through Carlsbad's S Treatment PI.nt 3 .t^J.^./gfeement and thereafter discharged into the Section 9 of thi/An^^^^^^^^^^^ 1 JJ^l^ltration allocable to Carlsbad as determined by .nw fn / this Agreement, shall be charged against Carlsbad's capacity riqhts in and to the Encina Treatment Plant and Ocean Outfall. cdpacny rignts in in qood reo'afr Tnd^wn.S^n^^. Encina Outfall Sewer shall be maintained by Buena han be the dutv of R.pnVt ' accordance with sound engineering practices. It f^ n ^ °t Buena to make repairs on said Encina Outfall reauired to kPPn such outfall sewer in good operating condition. Except as provided in Section 3 he cost of all repairs shall be part of the maintenance cost of the Enciria Outfall! Section 13. INTERRUPTION OF SERVICE: In the event of an interruption of services to Carlsbad in the Encina Outfall, as a result of disaster, operation of State or Federal law, discontinuance or interruption of service to Buena by the Encina Treatment Plant or Ocean Outfall, or any other cause beyond the control of Buena, Buena shall bear no liability and shall be held harmless by Carlsbad from any claims and liabilities for any injury to or damage to any person or,, persons or property or for the death of any person or persons arising from or out of such interruption of service or for any other damages or costs incurred by Buena as a result of such interruption of service. Section 14. ARBITRATION: Except as otherwise provided herein, all controversies raising out of the interpretation or application of this agreement or the refusal of either party to perform the whole or any part thereof shall be settled by arbitration in accordance with the provisions of this section and where not provided by this section, in accordance with statutory provisions of the State of California then in force. The controversy shall be submitted to a board of three (3) arbitrators which shall be appointed, one by Buena, one by Carlsbad and the third by the first two. The party desiring arbitration shall notify the other party by a written notice stating the following: (1) that it desires arbitration, (2) the controversy to be arbitrated, (3) that it has appointed its nominee, and (4) that it request the other party to appoint its nominee. Within thirty (30) days from the receipt of said notice the other party shall appoint its nominee. Within fifteen (15) days .^fter the last party has appointed its nominee the two nominees shall appoint the third. None of the arbitrators shall be a resident of, or taxpayer in, or own property in, or have a place of business in, or be employed in or by, or have any contract with, or be an officer or employee of, either party. The arbitration board shall hold at least one hearing and, at least ten (10) days before said hearing, shall give each party written notice thereof. The arbitration shall be restricted to matters relative to that stated in the notice requesting arbitration. The arbitration board shall have no authority to add to or subtract from this agreement. Each party shall be given an opportunity to be heard and to present evidence. Upon conclusion of the hearing or hearings,the arbitration board shall reduce their findings of fact, conclusions of law and the award to writing, and shall sign the same and deliver one signed copy thereof to each public agency. Such award shall be final and binding upon both parties. A majority finding- shall govern if the arbitrators' determination is not unanimous. Each party shall pay its own expenses, including the expenses of the arbitrator which it nominates. The expenses of the third arbitrator and the administrative costs of the arbitration proceedings shall be shared equally. Any Controversy which can be determined by an engineer's findings and which under this section could be submitted to arbitration may, if the parties thereto agree in writing to do so, be submitted to a named engineer who shall be the sole arbitrator. Such engineer shall be a member of the American Society of Civil Engineers and shall be disinterested as hereinbefore in this section required of arbitrators on an arbitration board. He shall proceed in the same manner and shall make findings, conclusion and an award in the manner provided herein for an arbitration board. Section 15. NOTICE: Notice required or permitted under this agreement shall be sufficiently given if in writing and if either served personally upon or mailed by registered or certified mail to the clerk or secretary of the governing body of the affected party to this agreement. Section 16. LIABILITY: Nothing herein contained shall operate to relieve Carlsbad of any liability for damages to persons or property arising from or out of the installation, construction, operation, maintenance, repair, replacement or reconstruction of the aforesaid sewer connections and appurtenances or from any action or inaction of Carlsbad or its officers, agents or employees ih connection therewith. And except as provided in Section 17 nothing herein contained shall operate to relieve Buena of any liability for damages to persons or property arising from or out of the installation, construction, operation, maintenance, repair, replacement and/or reconstruction of the aforesaid sewer connections and appurtenances or from any action or inaction of Buena or of its officers, agents or employees in connection therewith. Section 17. INDEMNITY: To the extent it may legally do so, Carlsbad shall defend and save and hold free and harmless Buena and its agents, officers and employees from any claims, liabilities, penalties or fines for injury to or damage to any person or property or for the death of any person arising from or ou-t of any act or omission of Carlsbad, its agents, officers, employees or contractors, arising from or out of any defects in the installation, construction, operation, maintenance, repair, replacement or reconstruction of said sewer connections or appurtenances. Section 18. TIME OF ESSENCE: Time is of the essence of this agreement. Section 19. SEVERABILITY: If any section, subsection, sentence, clause, phrase or word of this agreement, or the application thereof, to any party, or to any other person or circumstance is for any reason held invalid, it shall be deemed severable and the validity or the remainder of the agreement or the application of such provision to the other parties or to any other persons or circumstances shall not be affected thereby. Each party hereby declared that it would have entered into this agreement and each section, subsection, sentence, clauses, phrase and work thereof irrespective of the fact that one or more sections, subsections, sentences, clauses, phrases or words, or the application thereof to any party or any other person or circumstance be held invalid. Section 20. This agreement shall be binding upon the parties hereto and the successors and assigns of each of them. IN WITNESS WHEREOF, each party hereto has pursuant to resolution duly passed and adopted by its respective governing body caused this agreement to be executed the date first above written. APF?:-OVC:D ^-V IH-: DISTRICT EOA:;^' '..:• BUENA SANITATION DISTRICT Ij^-iS^^n i'h) Clerk of the Board of Directors City of Carlsbad- / By - '/^^': , CLAUDE A. LEWIS, Mayor 4 PALOMAR JOINT LAND OUTFALL INTERCEPTOR INTERAGENCY AGREEMENT v: G-5 PALOMAR JOINT LAND OUTFALL INTERCEPTOR INTERAGENCY AGREEMENT THIS AGREEMENT is made and entered Into this Sth day °^ . • January, 1985 by and l)etween the SAN MARCOS COUNTY WATER DISTRICT (SAN MARCOS), the CITY OF VISTA (VISTA), and the CITY OF CARLSBAD (CARLSBAD), collectively referred to as PARTIES. RECITALS: WHEREAS. SAN MARCOS and BUEMA entered Into an agreement dated June 19, 1967, for lease of capacity by SAN MARCOS 1n BUENA SANITATION DISTRICT'S ENCIN4 OUTFALL SEWER LINE (BUENA LINE), this agreement expired July 1, 1978; and WHEREAS, SAN MARCOS and BUENA entered into a second agreement for lease of capacity by SAN I-lARCOS in the BUENA LINE for the period of July 1, 1978, through July 1, 1981; and WHEREAS, this second lease agreement was subsequently amended to extend an additional year to July 1, 1982; and WHEREAS, SAN MARCOS, the DAOM CORPORATION, and BUENA entered into, a third agreement for lease of capacity by SAN MARCOS in the BUENA LINE for the period of July ,1 , 1982 through January 1 , 1984, (the estimated operational date for the then proposed San i-larcos Outfall Sewer Line to the Encina Treatment Plant or the Meadowlark Water Reclamation Facility for use by SAH MARCOS); and WHEREAS, on June 20, 1966, BUENA and CARLSBAD entered into an agreement for lease of capacity in the BUENA LINE; and WHEREAS, on December 15. 1981, BUENA and CARLSBAD rescinded the aforementioned agreement and entered into a new agreement entitled "AGREEMENT BETWEEN THE BUENA SANITATION DISTRICT AND THE CITY OF CARLSBAD FOR THE LEASE OF CAPACITY IN THE ENCINA OUTFALL, the BUENA LINE, the period of this lease extends to July 1, 1996; and . . WHEREAS, because of these leases of capacity to SAN MARCOS and CARLSBAD, and because of continued increase in sewage from SAN MARCOS, CARLSBAD, and BUENA, the BUENA LINE has almost reached its capacity; and -1- WHEREAS. VISTA desires to obtain sewage transmission capacity to the ) Encina Water Pollution Control Facilities to serve the development in VISTA'S service area, known as Raceway Basin area; and WHEREAS, CARLSBAD desires to obtain additional sewage transmission capacity to the Encina Water Pollution Control Tacilities to serve in the developments in the south and central CARLSBAD service area;, and WHEREAS, in 1979 SAN MARCOS initiated a project entitled "SAN MARCOS COUNTY WATER DISTRICT LAND- OUTFALL INTERCEPTOR" (State Water Resources Control Board Project Ho. C-06-1571-010) which extended from SAN MARCOS to the Encina Plant. Plans, specifications, and an environmental impact report were prepared. The design criteria for the lower reach from El Camino. Real to the Encina Plant was 12.1, more or less, millions of gallons per d^ maximum flow capacity; and WHEREAS, PARTIES to this Agreement have expressed a desire to cooperate in the construction, operation, and maintenance of the Palomar Joint Land- Outfall Interceptor, as shown on Plans and Specifications prepared by Neste.. Brudin and Stone, Civil Engineers, dated August 23, 1983. as set forth in this Agreement and hereinafter called "INTERCEPTOR"; and ) WHEREAS. PARTIES are entering into this Agreement in order to establish their respective rights and duties with respect to the ownership of capacity in each reach of the facilities and for the operation and maintenance of the facilities; COVENANTS , NOW THEREFORE, incorporating recitals of facts above, the PARTIES hereto agree as follows: ^r^^^^^ I' OWNER; SAN i^ARCOS shall be the owner and shall be responsible for the preparation of the contract documents, the environmental impact report for SAN MARCOS, the Coastal Commission permits, all other pennits, property acquisition and easements, supervision of construction, operation and maintenance of tlie INTERCEPTOR, and for the fiscal .management of the INTERCEPTOR. Assistance from other agencies shall be provided to facilitate the process upon request by SAN I4ARC0S. -2- V.. Article 2. OWNER'S RESPONSIBILITIES; SAN MARCOS shall, diligently -jid faithfully pursue all the foregoing responsibilities knowing that time is )jf the essence for construction of the INTERCEPTOR to relieve the surcharging in the BUENA LINE. • ^'^^^^'-^ ^' CAPACITY OWNERSHIP: The ownership of capacity in the INTERCEPTOR is shown in Table 1. TABLE I Carlsbad Vista CAPACITY OWNERSHIP PERCENTAGES MGD - % - MGU San Marcos 5-0 23.98 3.75 17.99 12.1 58.03 (See Exhibit A for location) The final maximum peak flow capacity for the City of Carlsbad equals 5.0 Million Gallons Per Day and the City of Vista equals 3.75 Million Gallons Per Day. For purposes of distributing costs, the costs shall be shared by all three agencies in accordance with their capacity ownership, and for the construction cost. Final adjustments to these costs will be made after the INTERCEPTOR is finally constructed and all costs are known. Article 4. PRE-CONSTRUCTION; The pre-construction worlc to he completed shall include, but not be limited to. the following tasks: 1. Preparation of an Environmental Impact Report (EIR) the project. 2. Revisions to the construction documents for the oversizing to accommodate the Carlsbad and Vista flows prepared by NESTE, BRUDIN & STONE, INC. . -3- 3. Acquisition of pennits. ) 4, Acquisition of easements and rights-of-way. 5. Administration, miscellaneous engineering, and legal tasks. Since SAN MARCOS has already prepared an EIR and completed construction documents for their original "Land Outfall Interceptor" Project, SAN MARCOS will not share in any additional costs for tasks 1 and 2. Costs for tasks- 1 and 2 shall be shared between VISTA and CARLSBAD in accordance with their capacity ownership percentages (omitting SAN MARCOS) so weighted and averaged to account for the construction cost. These computations are shown in Exhibit B and summarized as follows: CARLSBAD 57.14 percent VISTA 42.86 percent Final adjustments to these percentages will be made after the project is.' finally constructed and all costs are known. Pre-construction costs shall be shared among the agencies in accordance with their capacity ownership as set forth in Article^3. With the assistance of CARLSBAD and VISTA, SAN MARCOS shall take any and all steps necessary to acquire easements of right-of-way for the project. In ihe event eminent domain proceedings are necessary, all PARTIES agree to take any necessary legal proceedings required. All PARTIES agree to adopt any necessary resolutions connected with said legal proceedings. The cost of all such legal proceedings shall be borne in accordance with Article 3. Article 5. CONSTRUCTION; SAN MARCOS shall be the contracting agency, shall administer the construction contract, in accordance with Division 12, Water Code, State of California, and shall take any and all steps necessary to ensure the INTERCEPTOR is completed in accordance with the plans . and specifications. Change orders or amendments to the approved plans and specifications affecting the costs to be paid by other PARTIES hereto ma^y beauthorized by SAN MARCOS on individual change orders of $25,000,00 or less, up to an aggregate of five (52) percent of the INTERCEPTOR construction costs., without approval from the other affected PARTIES. ^rtic]e 6. COST ACCOUNTING (Pre-Construction and Construction): SAU f4ARC0S shall keep, and maintain proper books of account and records in which complete and current entries shall be made of all transactions. -4- / "For the construction contract of the project SAN MARCOS shall prepare or cause to be prepared a cash flow table. The cash flow tables shall be updated ''^P quarterly to reflect any changes in the .schedules or in anticipated costs, and shall reflect the capacity ownerships shown in Articles. 3. Upon execution of "Notice to Proceed" of contract, all of the PARTIES hereto shall deposit in a trust fund to' be held by SAN MARCOS fifteen (15S) percent of each PARTY'S share of the estimated total construction costs as shown in initial cash flow table. SAN MARCOS shall then bill each of the PARTIES quarterly, in advance to insure that SAN MARCOS always has sufficient funds on hand to make timely disbursements in the Administration of the project. VISTA and CARLSBAD, shall pay such statements within a reasonable period thereafter.. SAN MARCOS shall submit with each quarterly billing a copy of the updated cash flow table showing how each PARTY'S anticipated costs were established. In the event that SAN'MARCOS borrows any monies in order to pay such costs as they become due because of delay in required payments by any of the parties hereto, the costs of such borrowing shall be paid by the PARTY ..or PARTIES causing such . delay in proportion to the amount of their respective obligations and the period of delay caused by each such PARTY. • SAN MARCOS, shall Invest all deposits made with it pursuant to this ,^ Agreement until needed for payment of the costs and all earnings thereon shall' inure to the PARTIES hereto in proportion to the respective amounts credited to them. SAN MARCOS shall be strictly accountable to all PARTIES hereto for all funds received by it pursuant to this Agreement, and shall maintain and make available to the PARTIES hereto adequate records of all receipts and disbursements pursuant thereto. . Article 7. ROUTINE MAINTENANCE AND OPERATION OF THE PROJECT: On completion of the INTERCEPTOR, each PARTY shall enjoy the capacity ownerships set forth in Article 3, Table I. However, SAN MARCOS shall provide routine maintenance and operation functions for the INTERCEPTOR, in accordance.' with this Agreement. Costs of maintenance and operation shall be shared by the PARTIES hereto in proportion to their capacity ownerships, as set forth in Article 3, Table I. -5- Costs of expendables for all PARTIES, such as. but not limited to, power, chemicals, etc.. will be borne and paid by "each of the PARTIES in a ratio of their flow to the total flow of wastewater transported through the INTERCEPTOR for each of the PARTIES for the preceding calendar year. Until such time as a preceding calendar year is available, the period of time-shall be the cumulative preceding months of .operation.' Costs of expendables benefitting less than all PARTIES shall be borne by the PARTY or PARTIES concerned. SAN MARCOS shall bill. VISTA and CARLSBAD periodi;:ally (but not less than annually) for that PARTY'S share of such costs and" maintenance; VISTA and CARLSBAD shall pay such statement within a reasonable period of time thereafter. SAN MARCOS shall keep and maintain proper books of account and records in which complete and current entries. shall be made of all transactions, including all receipts and disbursements, relating* to the administration, maintenance, operation, and repair of the INTERCEPTOR; VISTA and CARLSBAD shall have the right, at reasonable times, from time to time, during regular business hours to Inspect all such books and records to verify any statement rendered by SAM MARCOS to VISTA or CARLSBAD for charges payable by those ?ARTIES to SAN MARCOS. SAN MARCOS shall utilize the "Unifom Accounting Program" of the State Controller's office for this purpose. It is acknowledged and agreed by the. PARTIES that it is difficult to establish in advance a detailed plan for accounting and allocation of operation and maintenance costs. Maintenance and operating costs shall mean the necessary costs of maintaining and operating the INTERCEPTOR based on generally accepted accounting principles, including, but not limited to. expenses necessary to maintain and preserve the INTERCEPTOR in good repair and working order, as well as insurance, taxes, administration, and any costs attributable to maintenance and operation.' ^''^'"'^^ ^' REPAIRS OR REPLACEMENT; Except in cases of emergency repairs, prior to making any repairs to any part of the INTERCEPTOR in which VISTA or CARLSBAD have capacity rights which are estimated to cost in excess of Ten Thousand.Dollars. SAN MARCOS shall obtain prior approval, of VISTA and* CARLSBAD for any such expenditures. -6- The expenses of repair shall be charged to each PARTY on the basis of /capacity ownership, and shall be substantiated by customary accounting procedures; and shall be paid by VISTA and CARLSBAD within a reasonable period of time provided, however, such costs benefitting less than all PARTIES shall be borne by the PARTY or PARTIES concerned. The cost of replacing any. portion of the INTERCEPTOR shall be allocated on the basis of the capacity of ownership as set forth herein for the INTERCEPTOR being replaced: SAN MARCOS shall undertake any necessary repairs or replacement at the earliest possible date. Article 9. METERS: VISTA and SAN MARCOS shall maintain meters to measure the flow of wastewater into the INTERCEPTOR. CARLSBAD'S' flow shall be determined by subtracting the sum of the flows from VISTA and SAN MARCOS from the total flows measured by the Palomar Parshall flume meter at the headworks of the Encina Water Pollution Control Facilities. Each PARTY shall bear the full cost of the- meter and appurtenances installed for the use of that PARTY in measuring the amount of wastewater discharge into the INTERCEPTOR. Article 10.,. PROHIBITION OF TOXIC MATERIALS; Each PARTY agrees to. adopt and enforce on a continuing basis regulations prohibiting the discharge of toxic materials to the Encina Water Pollution Control Facilities. Each PARTY agrees to enforce rules and regulations relative to the discharge of sewage and wastewater to the INTERCEPTOR to insure that anything introduced into the INTERCEPTOR is consistent with the Encina NPDES discharge permit. Any PARTY failing to comply with the provisions of this Article shall pay any-costs directly or indirectly resulting therefrom, including* the cost • of ascertaining and establishing that such violation did occur" as well as any fines, penalties, engineering, accounting, administrative and legal costs, as well as any resulting increased operating, maintenance and replacement or repair costs that are incurred. . Article 11. INDEMNITY OF VISTA AND CARLSBAD; SAN MARCOS shall indemnify, assume the defense of. and hold free and harmless. VISTA and CARLSBAD, their officers, directors, agents and employees from any and all -7- / • • '• I •obHgations, liabilities, liens, claims, demands! losses, damages and expenses of whatever type or nature, including, but not limited to attorney s fees and all litigation costs arising out of SAN MARCOS'S operation LcTT" °' " - ""'"ion to act by SAN HA C . its agents, servants, employees, invitee., or independent contractors relating to the operation and maintenance of the INTERCEPTOR. Notwithstanding, the foregoing, the indemnity agreement created by this Article shall not indemnify VISTA or CARLSBAD, their directors, agents or employees against any liability arising from the negligence or willful misconduct Of VISTA or CARLSBAD, their officers, directors, agents, employee or independent contractors. SAN MARCOS TO HAINTAIII INSURANCE: SAN ' MARCOS shall maintain in force, beginning with the completion of the construction and extending through the full period of this Agreement, a full comprehensive public l,ab,l,ty and property damage Insurance policy Insuring against any and all claims for injuries or death of persons or damage to property occurring in. upon, or about the property subject to this Agreement. The insurance contract shall have limits of not less than $1,000,000.00 ingle- Imit coverage; VISTA and CARLSBAD, their officers, directors, agents Wand employees, shall be listed as named Insureds, and it shall provide for at least forty-five (45) days notice of cance.llation or modification of coverage cr imus. said Insurance shall be included as an operating and maintenance expense as pr'ovided in Article 7. MicleJl, NOTI££S; Notices which any PARTY is required to give or des res to give hereunder may be served upon another PARTY by personally delivering a copy thereof, or by mailing any such notice by certified mail, return receipt requested, postage prepaid,, addressed as follows: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad. California CITY OF VISTA P.O. Box 1988 Vista. California 92083 # SAN MARCOS COUNTY WATER DISTRICT' 788 West San Marcos Boulevard San Marcos. California 92069 -8- / Any PARTY may from time to time designate a different address for notice ^^'y notifying the other PARTIES; any notice mailed by regular mail shall be •''^^deemed received by the PARTY to v/hom such notice is addressed on the date of the return receipt. Article 14. Af'lENDMENTS TO THIS-AGREEMENT; This Agreement may not be altered in whole or in part except by modification in v/riting, executed by all PARTIES to this Agreement. • Article 15. ATTORNEY'S FEES; In the event any litigation in law or in equity, including action for declaratory relief, is brought to enforce or interpret the provisions or perfonnance of this Agreement, the prevailing PARTY shall be entitled to the award of a reasonable attorney's fee and the costs of the proceeding, which shall be detennined by the Court" or the presiding officer having authority to make this determination. If 'any PARTY to this Agreement becomes a party to any litigation, concerning the enforcement or interpretation of the provisions of this Agreement or the performance of this Agreement by reason of any act or omission of the other PARTY or authorized representatives of another PARTY to this Agreement and not by any act or omission of its authorized ipresentativesi the PARTY that causes the other PARTY to become Involved in the proceeding shall be liable to that PARTY for reasonable attorney's fees" and costs of the proceeding incurred by that PARTY in the proceeding. The award of reasonable attorney's fees and costs shall be determined as provided above. In the event opposing PARTIES have each prevailed on one or more causes of action actually contested or admitted by pleadings or pre-hearing documents on file, the presiding officer shall make an award of attorney's fees and costs, but the presiding officer may prorate such fees and costs between prevailing PARTIES based on the necessity of the proceeding and the importance' of the issue upon which each PARTY has prevailed. Article 16. ENTIRE AGREEMENT: This Agreement, together with the • . Exhibits hereto, contains all representations and the entire understanding between the PARTIES with respect to the subject matter of this Agreement. Any prior correspondence, memoranda or agreements are replaced in total by this " Agreement and Exhibits hereto. ^- -9. Article 17. ASSIGNMENT: No PARTY "to this Agreement shall be entitled to assign all or any portion of their rights or obligations contained in this Agreement without obtaining the prior written consent of the other PARTIES. This shall not apply to successor agencies.which are also PARTIES to this Agreement. Article 18. BINDING EFFECT; This Agreement shall inure to the benefit of and be bLnding upon PARTIES hereto and their respective successors, heirs, and assigns. Article 19. APPLICABLE LAW: This Agreement and any disputes relating to this Agreement shall be construed under the laws of the State of California. Article 20. UNENFORCEABLE PROVISIONS: The terms, conditions, and covenants of this Agreement should be construed, wherever possible, consistent with applicable laws and regulations. To the extent that any provision of the Agreement violates any applicable law or regulation, the remaining provisions shall nevertheless be carried into full force and effect and remain enforceable. Article 21. VENUE: For the purpose of litigation or arbitration, venue shall lie in the North County Judicial District, County of San Diego. State of California, or, if such venue cannot be exercised, in the Federal or State Court nearest to the North County Judicial District. County of San Diego. Article 22. TERM: This Agreement is executed and is to be performed in the North County Judicial District, County of San Diego, State of California, and consists of 23 pages (including Exhibits), and shall continue in effect until terminated by mutual agreement of the PARTIES. Article 23. SIGNATURE AND SEALS: This Agreement shall be effective on and from the day and year first above written. IN WITNESS WHEREOF, we have hereunto set our hands and seals. ATTEST: CITY qj CARLSBAD , ^ fUoL, J Pn'U...^^ BV jJ. ^..^ City Clerk \ . Mayor ^ . ATTEST: SAN^IARCOS COUNTY WATER DISTRICT (Jil 11 am W. Rucker, Secretary Dale Mason,'President V /) , cm OF VISTA CityX-Hrk - Jean Brooks Mayor -10- EXHIBIT "A" NOT TO .SCALE MNA JOINT fERS WATE OLLUTION :ONTROL AGILITIES PALOMAR JOINT. LAND,OUTEALL INTERCEPTOR' m EXHIBIT "B" / / EXHIBIT "B" PALOMAR JOINT LAND OUTFALL INTERCEPTOR PRE-CONSTRUCTION COST ALLOCATION FOR TASKS 1 AND 2 FROM TABLE 1 CAPACITY OWNERSHIP PERCENTAGES FOR THE THREE AGENCIES ARE: CARLSBAD 23.98S VISTA 17.995 SAN MARCOS 58.03Z DELETING SAN MARCOS. THE OWNERSHIP PERCENTAGES ARE: CARLSBAD 23.98/100 - 58.03 » 57.14 VISTA 17.99/100 -58.03 » 42.86 • • ITEM .. NO. ZA3 2A4 5A1 SAZ IZ 13 15 16 17 16 19 20 21 22 23 31 v32 DESCRIPTION 30" VCP - Concrete Cradle Special Bedding 24" steel Pipe Cathodic Protectfon 5' Ola. std. Manhole 5' Ola. Std._Manhole {25') 5' Dia. Manhole (35') 6' Dia, Std. Manhole 6' Oia. Manhole (25") 6' Dia. Manhole (35') 6' Siphon Discharge Manhole Siphon Ehtrance HH (Protected) 6' Dia. HH (Protected i Vented) 5" Dia. MH (Protected) clean Out Manhole Erosion Control/Restoration Pavement Removal fc Replacement Sheeting, Shoring & Bracing" QUANTITY .UNIT COST SAN MARCOS SHARE VISTA' SHARE CARLSBAO SHARE TOTAL JOINT COS! 11,837 Ft. $90.00/Ft. $ 618,211.00 $ 191,652.87 $• 255.466.13 * V • f « w V V • 11 V w u J ' % " 1,065.330.00 910 Ft. $25.00/Ft. 13,201.83 4.092.72 5,455.45 22.750.00 Z.144 Ft. $5,00/Ft. 6,220.82 1.928.53 2,570.65 10,720,00 830 Ft. $55.so/Ft. 26,731.52 8,287.09 11,046.39 46.065.00 11.84X * L.S. 1.030.19 319.37 425.71 1.775.Z7 24 )Z.100 Ea. 29,247.12 9.066.96 12.085.92 50.400.00 1 $3,500 Ea. 2,031.05 629.65 839.30 3,500.00 I . $5,250 Ea. 3,046.57 944.48 1,250.95 5,250.00 6 $2,200 Ea. 7,659.96 2.374.60 3,165.36 13.200.00 1 $4,500 Ea. 2,611.35 809.55 1.079.10 4,500.00 1 $6,500 Ea. . 3,771.95 1.169.35 1.558,70 • 6,500.00 2 $9,000 Ea. 10,445.40 3,230.20 4.316.40 . • 10,000.00 2 $4,200 Ea. 4,074.52 ".1,511.16 • 2.014.32 8,400.00 2 $10,000 Ea. 11.606.00 3.598.00 4,796.00 20,000.00 3 $3,500 Ea. 6,093.15 1,888.95 . 2,517,90 10,500.00 1. $4,850 Ea. • 2.814.46 872.51 1.163.03 4.850.00 L.S. L.S. 4,199.05 • 1,301.76 1,735.19 7,236.00 6.200 LF $10 LF 35,978.60 11,153.80" 14,867.60 62,000.00 L.S. • L.S. • 2.820.17 874.28 1,165.39 4,859.84 ITEM KO. DESCRIPTION QUANTITY UNIT COST SAN MARCOS SHARE VISTA SHARE CARLSBAO SHARE TOTAL JOINT COST ?4 . .Permits L.S. • L.S. $ 3,481.80 $ 1.079.40 $ 1,438.80 $ 6.000.00 35 Interruption'Business Motel 6 L.s. L.S. 5.803.00 1,799.00 2,398.00 10,000.00 3S 54" Lined RCP (Z500-D) in Casljig 267 F.t. $800/Ft. . 123,952.08 38.426.64 51,ZZ1.Z8 213,600.00 «0 54" Lined RCP (ZOOO-D) 185 Ft. $Z95/Ft. 31.669.87 • • 9.818.04 13,087.09 54.575.00 • Special Bedding for 54" Lined RCP 185 Ft. $20/F.t. • 2,147.11 665.63 887.26 3.700.00 4231 39" Lined Reinf.. Concrete Pipe 395 Ft. • $154/Ft. . 35.299.65 10,943.32 14,587.03 60.830.00 42B2 39" Lined Reinf.'Concrete Pipe 70 Ft. . $154/Ft. 6,255.64 1,939.32 • 2,585.04 . . 10,780.00 ;2B3 39" Lined Reinf. Concrete Pipe ' 794 Ft. . $154/Ft. 70,956.76 21,997.45 .29.321.79 122.276,00 4234 Special bedding 385 Ft. $10/Ft. 2.234.15 ' 692.62 923.23 3.85Q.00 43 36" VCP 1,068 Ft. $103,99/Ft. 64^448.88 19,979.94 26.632.50 111,061.32 ••44 Special Bedding 36" VCP 85 Ft. $6/Ft. 295.95 91.75 ' 122.30 510.00 £5 Concrete Cradle for 36" VCP 67 Ft. $30/Ft. 1.166.40 361.60 482.00 2.010.00 33" VCP 557 Ft. $98/Ft. 31.676.26 9,820.02 13.089.72 54.506.00 ;7 Special Bedding for 33" VCP 45 Ft. $10/Ft. 261.14 80.95 107.91 450.00 Concrete Cradle for 33" VCP 108 Ft. $30/Ft. 1,880.17 582.88 776.95 • 3.240.. 00 tSA 30" Steel Pipe 290 Ft. $80/Ft. 13.462.96 4,173.68 5.563.36 23.200.00 50 30" DIP CL50 H/Special Lining 879 Ft. $124/Ft. 63^250.38 19,608.38 26.137.24 108,996.00 51 Cathodic Protection (49A h 50) L.y. L.S, " 4,642.40 1,439.20 1,918.40 8,000.00 \ 6' Manhole (30') I . $5.000/Ea. 2.901.50 899.50 1,199.00 5,000.00 \ • ITEM Ntt'. DESCRIPTION 5*3 6' Manhole (Protected) 54 Relocate Carlsbad Sewer 55 Encina Connection (Reused) TOTALS QUANTITY 1 L.S. L.S. UNIT COST $4,650/Ea. L.S. L.S. SAN MARCOS SHARE $ 2,698.40 1.160.60 63.833.00 VISTA" SHARE $ 836.53 359.80 19.789.00 $ 1.326.072.81 • $ • 411.098.56 CARLSBAO SHARE $ 1.115.07 479,60 26.378.00 $ 547.979.06 TOTAL JOINT COST $ 4,650.00 2.000.00 110,000.00 $ 2.205.150.43 OCCIDENTAL-CALRSBAD-LEUCADIA-ENCINITAS AGREEMENT IN REGARD TO CONSTRUCTION OF SEWER PIPELINE SOUTH FROM THE ENCINA WATER POLLUTION CONTROL FACILITY G-6 (. OCCIOENTAL-CAPiSBAD-LEUCADIA-ENCINITAS AGREEi-SN'T IN REGARD TO CONSTRUCTION OP SEWER PIPELIME SOUTH FROM THE ENCINA WATER POLLUTION CONTROL FACILITY THIS AGREEMENT is made and entered into this 24t'n day of Aucjust 1972, by and among OCCIDENTAL PETROLEUM LAND AKD DEVELOPJffiNT CORPORATION ("Occidental"), CITJT OF CARLSBAD ("Carlsbad"), LEUCADIA COUNTY WATER DISTRICT ("Leucadia"), and EN'CINITAS SANITARY DISTRICT ("Encinitas"). RECITALS A. Occidental has employed Salkin Engineering Corporation to design sewer siphon inlet and outlet structures, sewer siphons and a 27-inch sewer pipeline from a point within the Encina Water Pollution Control Facility in the City of Carlsbad to a point ap- proximately 7,400 feet southerly of the siphon outlet structure. B. Leucadia and Encinitas have requested the redesign of both stractures and pipeline from the outlet structure to a point approximately 2,415 feet south of the outlet structure so as to increase the size of both structures and the pipeline to 39 inches to provide capacity for Leucadia and Encinitas. C. The cost of construction of the original structures and the 27-inch line is to be borne by Occidental and the cost of over- sizing the structures and line from 27 inches to 39 inches is to be borne by Leucadia and Encinitas. D. Both structures shall be sized to handle the ultimate capacity or the 39 inch pipeline. They shall have stub-outs for a 16 inch and 18 inch siphon. The IS inch and 18 inch siphons from the junction stub-outs are to be constructed by Leucadia and En- cir.itw'is at their expense. The 16 inch siphon shall be constructed prior CO che time Leucadia and Encinitas connecc to the 39 inch pipeli.^a. Tiie 18 inch siphon shall be constructed ac a tir.-.e prior to the cima at v^rhich the combined sewer flow rates of Carlsbad, Leucadia and Encinitas exceed the combined maximum capacities of che 16 inch, 13 inch and 24 inch siphons (the latter two siphons are to be constructed by Occidental for Carlsbad as part of the original project) . t-7hen the 16 inch and IB inch siphons are con- structed, the stub-outs and siphons shall be the property of Leu- cadia and Encinitas. IT IS, THEREFORE, AGREED BETWEEN THE PARTIES AS FOLLOV/S: Section 1. Construction of Sewer Fac-ilities. Occidental shall cause to be constructed the sewer facilities described above (with the exception of the 16 inch and 18 inch siphon). The pipe- line and structures shall be constructed in accordance with speci- fications approved by Carlsbad, Leucadia and Encinitas. Plans for the pipeline shall be subject to the approval of Carlsbad, Leucadia and Encinitas. No construction shall be started until required changes or corrections, if any, have been incorporated in the final plans and the final plins have been approved by Carls- bad, Leucadia and Encinitas. No changes shall be made in the ap- proved plans without the consent o^ Occidental, Carlsbad, Leucadia and Encinitas. Carlsbad, Leucadia and Encinitas shall be allowed to inspect the facilities at all stages of construction, however, primary responsibility for inspection shall rest with the City of Carlsbad. The facilities shall be constructed in strict conformity v/ith the approved plans and specifications. Construction of tho facilities shall commence by September 15, 1972, and shall be com- pleted by January 15, 1373. Section 2. Payment for Oversizing. Tha cost of the construc- tion of the structures and pipeline shall be Isorne by Occidental, f oversizing which shall be bdlin(i,'-^j^|l^g;aB.dia 6^ ejiceoc for the cost o At and Encir.icas. Leucadia and Encinitas shall pay che cost of over- sizing che portion of che pipeline that is increased in size from 27 inches to 39 inches and the inlet and outlet structures as fol- io v/c : a. For the cost of engineering, survey, and all other incidental expenses, Leucadia and Encinitas shall pay $1,500.00, as follows: Leucadia $1,050.00; Encinitas $450.00. The entire sum shall be due and payable to Salkin Engineering Corporation at the time the plans are approved. Any engineering changes requested by Leucadia or Encinitas and performed by Salkin Engineer- ing Corporation after the date of approval of this Agree- ment shall be paid at the rate of $25.00 per hour for engineering plus costs for blueprints, mileage or other incidental items. Any modifications shall be approved by all parties signatory to this Agreement. b. Leucadia shall pay 67% and Encinitas shall pay 33% of the cost of oversizing the siphon inlet and out- let structures and the difference between the 27 inch unit price and the 39 inch unit price, which cost is hereby fixed as $20.93 per foot (including the cost of oversizing the inlet and outlet structures and the cost of constructing 40 feet of 16 inch and 4 0 feet of 18 inch diameter siphon barrels across the existing out- fail) multiplied by the length of the 39 inch pipeline actually installed. $27,520.20, which is the estimated .total cost based upon the design length of the pipeline, shall be deposited with Occidental by Leucadia and iincinitas upon commencement of construction. The final cose, adjusted for the length of the 39 inch pipeline actually installed, shall be paid to Occidental (or .U'^^Jf -3- rifu:-.dad by Occidental in the event the deposit ex- cesds the installed cost) by Leucadia and Encinitas L-.po.-'. completion of construction. , c. Leucadia and Encinitas shall pay the entire cost of the manhole in La Costa Boulevard where the Leucadia-Encinitas pipeline joins the Occidental pipe- line. The cost of the manhole is hereby fixed as $1,000.00 (shared: Leucadia $670.00; Encinitas $330.00). Section 3. Bond. Occidental shall file a good and sufficient bond in an amount not less than the estimated cost of the v/ork and . improvements (including the facilities described in this Agree- ment and all other work and improvements done under the same con- struction contract) securing payment to the contractor, his sub- contractors and to persons renting equipment or furnishing labor or materials for the improvements. The form of the bond shall be as specified by Carlsbad, Leucadia and Encinitas. Section 4. Dedication of Pipeline. Upon completion of the structures and the 39 inch pipeline in accordance with the approved plans and specifications, and acceptance thereof by Carlsbad, Leu- cadia and Encinitas, Occidental shall convey it to Carlsbad, Leu- cadia and Encinitas, who shall take title to and own the structures and the 39 inch pipeline as follov/a: Leucadia - 40.3% Encinitas - 19.7% Carlsbad - 4 0.0% The costs of maintaining, operating and repairing the inlot and outlet structures, all siphons, and the 39 inch pipeline shall be borne 40.3% by Leucadia, 19.7% by Encinitas and 40.0% by Carls- bad. Carlsbad shall manage the maintenance of the foregoing faci- lities (by contracting with San Diego County or in some other man- ner accepcaole to Leucadia and Encinitas) and v/ill bill Leucadia for 40.3'4 and Encinitas for 19.7% of the maintenance costs. (The 27 inch pipeline south from the 39 inch pipeline shali be ov/ned, maintained, operated and repaired 100% by Carlsbad.) Section 5. Warranty. Occidental shall, and hereby does, v/ar- rant workmanship and materials for the structures and pipeline for a period of one year after the date of acceptance of the pipeline by Carlsbad, Leucadia and Encinitas. Occidental shall repair or replace any and all such faulty workmanship or materials (includ- ing settlement of backfill), together with any other work which may be displaced in so doing, within a one-year period from the date of acceptance of the work by Carlsbad, Leucadia and Encinitas with- out expense whatsoever to" Carlsbad, Leucadia or Encinitas, ordinary wear and tear, unusual abuse or neglect excepted. Section 6. Easements. This Agreement is contingent and condi- tional upon the receipt of grants of easement to Leucadia and En- cinitas (at no cost to then) covering property in v/hich the sewer facilities are to be located in all instances where the facilities are not to be located in dedicated streets. The legal descriptions and title conveyed must meet with the approval of Leucadia and Encinitas (as evidenced by policies of title insurance which shall be procured) , IN WITNESS WHEREOF, this Agreement has been signed by the parties on the date indicated below: Dated: OCCIDENTAL PETROLEUM LAND AND DEVELOPiMENT CORPORATION By (Zx.^./^-^./i^'C- ^ Dated : /JTTTi/^fy f 0' /^/yi> . CITX0Ef,jdARLS3AD .1 l^" Uy ( / vvH..i..l uisrRicT / RECEIVED m ^ «f4 SY__ — Dicci; Daced: LEUCADIA COU.Vr/ WATER DISTRICT : 'fi\ 11 "REbElVEO I 1974 TABLE 3-4 -tertetics Diana 10 2,300 AC 03-0100 1962 Encinitas Estates 6 2,230 AC 05-9080 1974 Village Parl< 5 6 1,945 PVC 06-0270 1974 Village Park 7 6 1,500 AC 07-0330 1973 Rancho Verde 4 460 PVC 10-12160 1997 Meadows 1 4 860 AC 11-6050 1971 Meadows 3 6 1,187 AC 11-6095 1972 3.4.4 Miscellaneous System Components 3.4.4.1 Inter-Agency Agreements Wastewater collection systems operate primarily on a gravity flow basis. However, political boundaries are not alvvays established to match natural drainage contours. As a result, some portions of a given service area may drain in a undesirable direction, away from the remainder of the gravity collection system. In some, of these cases, there is no viable way to avoid pumping, and pump stations are constructed, in others, inter-agency agreements can be developed to allow the wastewater flows to be conveyed into the collection system of an adjacent District or agency. The Distfibt has entered into several such agreements with both the Carisbad Municipal Water District, and the Cardiff Sanitation District. These agreements include wastewater conveyance both into and out ofthe District, and are sometimes located along the District boundary. Inter-agency agreements are typically interim agreements designed to provide wastewater service to an isolated development prior to construction of identified collection facilities, these agreements have a fixed term, and are eventually terminated. However, some agreements ane designed to provide long-term or permanent service to isolated developments. Under these circumstances, the agreement is typically tenninated when the isolated development is either annexed into or de-annexed from the District. The following discussions provide a list ofthe cun-ent inter-agency agreements maintained by the District: • Rancho Verde Unit 4. Carlsbad Tract 89-18. The District's jurisdictional boundary includes the City of Carisbad Tract 89-18, also known as Rancho Verde Unit 4. This property was approved by the City of Carisbad for an 18 lot residential subdivision. The City of Carisbad conditioned this development tp annex to the District based on sewer availability. The . topography ofthe property is such that wastewater collected on the property cannot gravity LCWD WASTEWATER SYSTEM MASTER PLAN 27 Dudek & Associates, Inc. July 1999 • 1493-88 flow to the District's facilities, but could gravity flow to Cardiff Sanitation District. 1J\FC0 Staff discouraged the concept of this City of Carisbad property from annexing to Cardiff SD, which is a City of Encinitas sewer service district. The District and the developer agreed that this area would best be sen/ed by gravity sewer service to Cardiff Sanitation District. Through cooperative efforts between the District, the developer, and Cardiff Sanitation District, service to this area is now provided by Cardiff Sanitation District in accordance with an Interagency Agreement To Provide Wastewater Collection, Treatment, and Disposal Service effective August 1998. Subject to the tenns ofthe Interagency Agreement, Cardiff Sanitation District is responsible for plan checking, easements, construction inspection, maintenance, collection of sewer service fees, and all other responsibilities normally provided by the sewering agency for all ofthe on-site facilities within the District and all off-site facilities in Cardiff Sanitation District. There are separate agreements between the District and the deyeloper, and between Cardiff Sanitation District and the developer, governing other remaining details. The Rancho Verde Unit 4 Interagency Agreement shall remain in force so long as the property is not detached from the District and allows for initiation of annexation to Cardiff Sanitation District at the discretion and effort of Cardiff Sanitation District. Rancho Canillo Village 04. Carlsbad Tract 93-04. The City of Carisbad's jurisdictional boundary for sewer service includeis the City of Carisbad Tract 93-04, also known as Rancho Camllo Village Q4. This property was approved by the City of Carisbad for a 25 lot subdivision. The topography of the property is such tfiat wastewater collected on the property will flow to the City of Carisbad in the future after additional off-site gravity conveyance facilities are constructed. The City of Carisbad and the developer requested a temporary connection to the wpt well of the District's Meadows lli Pump Station. A Reimbursement Agreement for Temporary Wastewater Collection was approved in October 1998. The agreement will remain in force until off-site facilities tributary to Carlsbad are completed, which is anticipated to be a period of less than 10 years. As part of the Agreement, the City of Carisbad will reimburse the District quarteriy for 100 percent ofthe District's sewer service charges in effect at the time. It is recommended that the District consider negotiating a future agreement with the City of - Carisbad for the detachment of about 68 lots now in the District and now served by the Meadows 111 Pump Station. These lots could be served in the future by the City of Carisbad and the Meadows III Pump Station could be demolished, if such an agreement were approved by both agencies. LCWD WASTEWATER SYSTEM Dudek & Associates, Inc. MASTER PLAN - 28 - July 1999 • 1493-88 • Carrillo Estates Unit No. 2. Carlsbad Tract 73-29. The City of Carlsbad's jurisdictional boundary for sewer service includes the City of Carlsbad Tract 73-29, also known as Camllo Estates Unit No. 2. This property was approved by the City of Carisbad for a 111 lot Subdivision. The topography of the property is such that wastewater collected on the property will flow to the City of Carisbad in the future after additional off-site gravity conveyance facilities are constmcted. Agreements were required between the District and the City, and between the District and the developer. The developer was responsible for on-site gravity sewer improvements and off-site improvements to the Meadows I Pump Station. In accordance with the agreement, the City pays quarteriy to the District forthe term of the agreement an amount equal to 75 percent of the City's charges to the property owners. In addition, 111 EDU's of capacity and flow are to be transferred from District to City on EWA flow and EDU reports until such time as the wastewater service by the District is tenninated. This agreement has been in effect since 1981 and shall hot expire until wastewater collection facilities tributary to the City of Carisbad system -have been constructed and connected. 3.4.4.2 Septage Receiving Station The District maintains a septage receiving station at the Batiquitos Pump Station. This facility is designed to allovv wastewater to be trucked to the Batiquitos site and discharged into the wetwell ofthe station, where it is then pumped to the EWA plant for treatment and disposal. The Batiquitos septage fetation Is used exclusively by District staff for discharge of wastes collected using the District's two Vector trucks. These trucks are used to clean wastewater pipelines, dewater wastewater facilities, and generally collect and transport miscellaneous wastewater volumes. 3.5 WASTEWATER TREATMENT AND DISPOSAL The District has recently undergone a significant change In its overall operation with regard to wastewater treatment. Traditionally, the District has maintained two separate facilities for treatment of collected wastewater, induding the Gafner Water Reclamation Plant and the EWA Water Pollution Control Facility. The following discussions focus on defining the historical and current operation of the District's treatment systems. Chapter 8 of this Master Plan is dedicated to a full discussion ofthe District's ftjture planning forwastewater treatment and disposal, primarily regarding the EWA treatment facility. LCWD WASTEWATER SYSTEM Dudek & Associates, inc. MASTER PLAN - 29 - July 1999 • 1493-88 AGREEMENT BETWEEN THE LEUCADIA (XIUNTY WATER DISTRICT AND THE CITY OF CARLSBAD REGARDING THE WOOLLEY ANNEJCATION AGREEMENT This agreement is made by and between the CITY OF CARLSBAO ("City"), a California municipal corporation, and the LEUCADIA COUNTY WATER DISTRICT ("LCWD"). RECITALS 1. WHEREAS, there is a proposed annexation ("The Annexation") to the City of Carlsbad, identified as the Woolley Annexation; and 2. WHEREAS, the major portion of the annexation is located within the sewer service area of LCWD and the remaining small portion is within LCWD's draft Sphere of Influence; and •3. WHEREAS, with some additions to be supplied by the developer of the annexation, LCWD has existing transmission facilities in the area of the annexa- tion; and 4. WHEREAS. LCWD has .existing facilities for the collection and treat- ment of sewage from the annexation area; and 5. WEREAS, the parties to the annexation proceedings at LAFCO desire that the annexation be approved by the LAFCO conmission as soon as possible; and 6. WHEREAS, the parties to this agreement desire to settle any possible conflicts on sewer service to the annexation. NOW. THEREFORE. IT IS AGREED AS FOLLOWS: 1. City agrees that sewer service to the annexation within the LCWD sewer service area as shown on the map attached hereto marlced Exhibit "A" and incorporated herein by this reference, shall be supplied by LCWD. 2. LCWD agrees to provide such services on a nondiscriminatory basis according to LCWD policies, ordinances, rules and regulations adopted by LCWD from time to time. 3. City shall not levy any tax for sewer service or facilities or for general obligation bonds of the City relating to sewer service facilities on the property within the area served by LCWD as shown on Exhibit "A" and shall affir- matively exclude such area from all such taxation. 4. The commission be requested to consider this agreement as one of the salient facts bearing on their consideration of the annexation. 5- Each party to this agreement agrees to talce any and all other necessary action to carry out the intent of this agreement. 6. The effective date of this agreement is 1984. IN WITNESS WHEREOF, each of the parties hereto has caused this agreement to be executed by their respective officers theretofore duly authorized. CITY OF CARLSBAD MARY. H. CASeER, Mayor AL AUTHORIZED BY RESOLUTION NO. 7534 OF THE CITY COUNCIL OF THE CITY OF CARLSBAD DULY ADOPTED ON April 24, 1984 LEUCADIA COUNTY WATER DISTRICT LOIS HUMPHREYS, President JOAN 6EISELHART,Secretary-Manager AUTHORIZED BY RESOLUTION NO. OF THE LEUCADIA COUNTY WATER DISTRICT DULY ADOPTED BY ITS BOARD OF DIRECTORS ON • WOOPLEY ANNEXAlTbiT EXHIBIT A AGREEMENT FOR EXCHANGE OF SEWAGE FLOWS BETWEEN THE VALLECITOS WATER DISTRICT AND THE aTY OF CARLSBAD (MEADOWLARK ESTATES/RANCHO CARRILLO SEWER FLOW AGREEMENT) This Agreement for Exchange of Sewage Flows ("Agreement") is made and entered into by and between the VALLECITOS WATER DISTRICT ("VALLECITOS"), a public agency organized and existing pursuant to the County Water District Law, California Water Code section 30000 et seq., and the CITY OF CARLSBAD ("CITY"), a municipal corporation ofthe State of California, with reference to the following recitals: R-E-C-I-T-A-L-S A. VALLECITOS and CITY are members ofthe Encina Wastewater Pollution Control Facility ("ENCINA"), through which member agencies own and operate facilities for the treatment and disposal of sewage effluent in the region. B. The land outfall sewer to ENCINA is owned and operated by VALLECITOS and provides sewer conveyance capacity for VALLECITOS and CITY fix)m El Camino Real west to ENCINA. C. VALLECITOS and CITY desire to take advantage of more efficient and cost- effective transfers of certain sewage flows from VALLECITOS through CITY's Rancho Canillo Sewer Facilities ("Rancho Canillo Sewer"), which convey sewage to the land outfall sewer at El Camino Real, pursuant to the terms and conditions of this Agreement as shown on the attached Exhibit "A." D. VALLECITOS and CITY at all times shall remain responsible for providing sewer service to the customers and land owners within the respective boundaries of each agency. NOW, THEREFORE, it is agreed by and between the parties as follows: AGREEMENT Section 1. Flow Exchange Area. VALLECITOS and CITY have determined that some customers may be better served by gravity sewage flows'through the Rancho Carrillo Sewer, and VALLECITOS shall transfer specific sewage flows from eighty (80) single- family homes within the boundaries of VALLECITOS to fhe Rancho Carrillo Sewer as shown on the attached Exhibit "A." Section 2. Capacitv Purchased. CITY has determined that adequate capacity is available and, as part of this Agreement, VALLECITOS agrees to pay CITY a one-time capital fecility charge of $963.00 per equivalent dwelling xmit, with an average flow of 220 gallons per day, for permanent use ofthe Rancho Carrillo Sewer by fhe 80 single-family homes as shown on the attached Exhibit "A." Section 3. Discharge Standards. All transferred sewage flows fiom VALLECITOS to CITY shall meet federal, state, and local discharge requirements, which shall include all industrial waste discharge limitations. Section 4. Payment of Operation & Maintenance Compensation. To compensate CITY for costs of operation and maintenance of the Rancho Carrillo Sewer, VALLECITOS shall pay CITY quarterly a sum equal to one hundred percent (100%) ofthe CITY's then current sewer charge. Nothing in this Agreement shall restrict the CITY's power to adjust its sewer service charges. The current rate is $13 per equivalent dwelling unit. Section 5. Maintenance of Facilities. It shall be VALLECITOS' responsibility to maintain its sewer system in a state of repair and maintenance that will prevent excessive infiltration and inflow from entering the CITY's Rancho Carrillo Sewer. Section 6. ENCINA Capacity Adjustment. Flows from VALLECITOS to the Rancho Carrillo Sewer shall be allocated to VALLECITOS for purposes of capacity charges at ENCINA. VALLECITOS will provide an allowance for fhe connected flows and monthly flow reports to ensure CITY is not charged by ENCINA for flows from VALLECITOS. The adjustment will be based upon readings taken and reported at the VAI meter site. Section 7. Miscellaneous Provisions. 7.1 Venue. In the event of any legal or equitable proceeding to enforce or interpret the terms or conditions of this Agreement, the parties agree that venue shall lie only in fhe federal or state courts in or nearest fo the North County Judicial District, County of San Diego, State of Califomia. 7.2 Modification. This Agreement may not be altered in whole or in part except by a modification, in writing, executed by all the parties to this Agreement. 7.3 Incorporation of Service Agreement. This Agreement and the terms and conditions shall be incorporated by reference as an exhibit to the service agreement entered into by the agencies and the customer receiving fhe exchange of sewage flows. 7.4 Entire Agreement This Agreement, togetiier with all the exhibits attached to this Agreement, contains all representations and the entire understanding between the parties with respect to the subject matter of this Agreement. Any prior correspondence, memoranda, or agreements, whether or not such correspondence, memoranda, or agreements are in conflict with this Agreement, are intended to be replaced in .total by fhis Agreement and its exhibits. 7.5 Indemnification. VALLECITOS agrees to indemnify and hold the CITY, its officers, and employees harmless for any injuries, damages, costs, and judgments, which are caused by or are the result of any negligent or Songful act or omission of VALLECITOS or arising from fhe exercise of any rights by VALLECITOS under this Agreement. 7.6 Effective Date. The effective date ofthis Agreement is HOft-fOtH 2000. "VALLECrrOS": VALLECITOS WATER DISTRICT By ?TCsiden esident Board of Directors By City Clerk REIMBURSEMENT AGREEMENT FOR WASIjEWATER TREilMENT, AND DISPOSAL FOR CARLSBAD .TI?ACT NO. 73-29 CARRILLO ESTATES UNIT NO. 2 . , This Agreement is made and entered iinto in the County of San Diego, State of California, byjand between the LEUCADIA COUNTY WATER DISTRICT (hereinafter "BISTRICT") and the CITY OF CARLSBAD (hereinaftier "CITY") with refer- ence to the following facts: , . RECITALS A. PCNEER3SA HOMES (hereinafter ''PONDEROSA"J is the owner of that certain real property located in the City of Carlsbad, County of San. Diego, State of California, known as Tract No. 73-29, Carrillo lEstates Unit No. 2 (hereinafter the "Subject Tract"), jsaid tract to consist of 111 dwelling units. B. DISTRICT is a public entity organized and func- tioning pursuant to the County Water District Law, Cali- fornia Water Code section 30000, C. City is a general Law Cit^ (Gov. Code, section- 34102), organized and functioning pursuant to the pro- visions of the California Constitution, Art. XI, section 2(a) and Government Code,section 36501 et seg. D. PONDEROSA has received teritative map approval from CITY and filed improvement plans, tract map and grading plans with CITY for the deyelopment of the Subject Tract. i E. PONDEROSA desires to develop Subject Tract and proceed with the construction of the 111 dwelling units contained therein, but has been unable to continue with development and construction due tb the present lack of wastewater conveyance and treatment facilities in the area. - | • . . P. DISTRICT has wastewater conveyance facilities from Subject Tract to the Encina wkter Pollution Control Facility (hereinafter the "Encina WPCF") and is willing to provide PONDEROSA with interim |transportation of wastewater to the Encina WPCF through its conveyance facilities until such time that Subject Tract is served by other facilities. i G. CITY contemplates that other wastewater trans- mission or treatment facilities will be constructed to serve the area in which the Subject}Tract is located. Until such time, CITY desires to compensate DISTRICT , for the costs of conveyance and treatment of wastewater generated from the Subject Tract. I I ' NOW THEREFORE, it is agreed by and i3etween the parties as follows: j I . AGREEMENT ; • Section 1. DISTRICT agrees thjat for the term of this Agreement, as defined in Sectibn 2, it will convey wastewater from all 111 units of Sujbject Tract to the Encina WPCF. i Section 2. This Agreement sha'll expire when both of the following have occurred: (l') wastewater trans- mission or treatment facilities seiiving the Subject Tract have been constructed and accepted by City and (2) the sewage collection system sdrving the Subject Tract has been connected to said facilities. Section 3. CITY shall have the right and duty tp charge the owners of all or any part of the Subject Tract its usual and customary charges for sewer services. Section 4. To compensate DISTRICT for costs of operation and maintenance of the wastewater conveyance facilities servicing the Subject Tract and costs of treatment of sewage from the Subject.Tract at the Encina WCPF, CITY shall pay DISTRICT quarterly, for the'term of this Agreement, a sura equal to 75 percent of the CITY's charges to owners of the Subject Tfact for sewer service. • The remaining percentage of said. cJ^arges generally repre- sent the CITY'S costs of billing aijid collection. i • . Section 5. One Equivalent Dv^elling Unit (hereinafter "E.D.O.") of capacity, per dwellindj unit, to a maximum of 111 E.D.U.s, shall be transferred from DISTRICT TO CITY on the monthly flow and E.D.U. reportjfor Encina WPCF until such time as wastewater transmission through DISTRICT'S sanitary sewer facilities is discontinued. Said transfer shall be made six months after the permit on any dwelling unit on the aforementioned transfer shall be for purposes of allocating capacity between DISTRICT and CITYionly and shall not affect billing for sewage treatment. Forjpurposes of this Agreement one E.D.U. shall equall 238 gallons per day. i Section 6. No party to this Agreement shall be entitled to assign all or any portjion of its rights or obligations contained herein without obtaining the prior written consent of the other parties; such consent shall not be unreasonably withheld. -j issuance of a building Subject Tract. The Section 7. This Agreement shall inure to the bene- fit and be binding upon all of the:parties hereto and their respective successors, heirs • and assign's. Section 8 . This Agreement, and any disputes relat-, ~ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD. CALIFORNIA, TO APPROVE AND AUTHORIZE EXECUTION OF REIMBURSEMENT AGREEMENT FOR TEMPORARY WASTEWATER COLLECTION FOR CARLSBAD TRACT NO. 93-04 WITH LEUCADIA COUNTY WATER DISTRICT. WHEREAS, Carlsbad Tract 93-04 is located within the City of Carlsbad and is within the City's sewer service area; and WHEREAS, the City is unable to provide sewer service to 25 residential units within Carlsbad Tract No. 93-04 until the Bressi Ranch property is developed; and WHEREAS, the Leucadia County Water District has an existing sewer system that is able to provide adequate sewer service on a temporary basis to 25 residential units in Carisbad Tract No. 93-04; and WHEREAS, a Reimbursement Agreement with Leucadia County Water District has been prepared to provide for the temporary sewer service and requires the City to collect from the 25 residential units the sewer service charge imposed by Leucadia County Water District and to pay this charge on a quarteriy basis to Leucadia County Water District. NOW. THEREFORE, BE IT RESOLVED by the City Council of the City of Carisbad, Califomia, as follows: 1. That the above recitations are true and correct. /// /// /// /// /// /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2B 2. That the Mayor is authorized and directed to execute the Reimbursement Agreement for Temporary Wastewater Collection for Carisbad Tract No. 93-04 with Leucadia County Water District. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carisbad City Council held on the 6 th day of June __, 2000 by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin NOES: None. ABSEl CLAUDE A. ATTEST: LORRAINE W. WOOD, City Clerk (SEAL) VISTA/CARLSBAD AND NORTH AGUA HEDIONDA INTERCEPTOR FLOW' 16,0 Encina meter VI, City of Vista Daily Flows for the month of August 2001 Midnight Noon Midnight 16.0 14,0 12,0 Q O 10,0 Encina meter C3, Vista and Carlsbad (VC & NAH) Flows 24-hr Daily Flows for the month of August 2001 Midnight Noon Midnight Sewer Master Plan Update C-1 Dudek & Associates, Inc. BUENA INTERCEPTOR BASELINE FLOWS Encina meters B2 + V2, Buena Sanitation District & Vista (Raceway P.S.) Daily Flows for the month of August 2001 Midnight Noon Midnight Encina meter B1, Buena, Vista and Carlsbad Daily Flows for the month of August 2001 Midnight Noon Midnight Sewer Master Plan Update C-2 Dudek Associates, Inc. VALLECITOS INTERCEPTOR BASELINE FLOWS Encina meter VAI, Vallecitos Daily Flows for the month of August 2001 Encina meter C1, Vallecitos and Carlsbad Daily Flows for the month of August 2001 Midnight Noon Midnight Sewer Master Plan Update C-3 Dudek & Associates, Inc. NORTH BATIQUITOS INTERCEPTOR BASELINE FLOWS Encina meter Ll, Leucadia & Encinitas Daily Flows forthe month of August 2001 Midnight Noon Midnight Encina meter C2, Leucadia, Encintas and Carlsbad Daily Flows for the month of August 2001 Midnight Noon Midnight Sewer Master Plan Update C-4 Dudek & Associates, Inc. 20,0 Encina meter VI, City of Vista Rain Day Flow Comparison 2/3/98, 1,49 in 2/23/98, 1,63 1/11/01, 0,71 in, 2/13/01, 0,85 in, ADWF, weekday 00:00:00 03:00:00 06,00:00 09:00:00 12:00:00 15:00:00 1 \ 1 1 1 18:00:00 21:00:00 00:00:00 Encina meter C3, Vista/Carlsbad Interceptor Rain Day Flow Comparison 00:00:00 03:00:00 06:00:00 09:00:00 12:00:00 15:00:00 18:00:00 T r- 21:00:00 00:00:00 Sewer Master Plan Update C-5 Dudek & Associates, Inc. Vista/Carlsbad Interceptor, C3 Rain Day Flow Comparison 00:00:00 03:00:00 06:00:00 09:00:00 12:00:00 15:00:00 18:00:00 21:00:00 00:00:00 Vista, VI Rain Day Flow Comparison 00 00:00 03:00:00 06:00:00 09:00:00 12:00:00 15:00:00 18:00:00 21:00:00 00:00:00 Sewer Master Plan Update C-6 Dudek & Associates, Inc Buena Interceptor, Bl Rain Day Flow Comparison 00:00:00 03:00:00 06:00:00 09:00:00 12:00:00 15:00:00 18:00:00 21:00:00 00:00:00 Buena Interceptor, Bl Rain Day Flow Comparison 00:00:00 03:00:00 06:00:00 09:00:00 12:00:00 15:00:00 18:00:00 21:00:00 00:00:00 Sewer Master Plan Update C-7 Dudek & Associates, Inc, 6 0 5,0 4 0 Buena Pump Station, B2 Rain Day Flow Comparison 2/03/98, 1.49 in 2/23/98,1.63 in •1/11/01, 0.71 in, •ADWF, weeday 0,0 -• 1 : 1 1 1 1 1 1 1 1 1 1- 00:00:00 03:00:00 06:00:00 09:00:00 12:00:00 15:00:00 18:00:00 21:00:00 00:00:00 Buena Pump Station, B2 Rain Day Flow Comparison 00:00:00 03:00:00 06:00:00 —1 1 1 1 1— 09:00:00 12:00:00 15:00:00 18:00:00 21:00:00 00:00:00 Sewer Master Plan Update C-8 Dudek & Associates, Inc, Vallecitos, VAI Rain Day Flow Comparison C-9 00:00:00 03:00:00 06:00:00 09:00:00 12:00:00 15:00:00 18:00:00 21:00:00 00:00:00 18.0 16,0 14 0 12.0 Q <3 10.0 Vallecitos, VAI Rain Day Flow Comparison 00:00:00 03:00:00 06:00:00 09:00:00 12:00:00 15:00:00 18:00:00 21:00:00 00:00:00 Sewer Master Plan Update 0-9 Dudek & Associates. Inc. Vallecitos Interceptor 01 Rain Day Flow Comparison a o o 00:00:00 03:00:00 06:00:00 09:00:00 12:00:00 15:00:00 18:00:00 21:00:00 00:00:00 Vallecitos 01 Rain Day Flow Comparison 00:00:00 03:00:00 06:00:00 09:00:00 12:00:00 15:00:00 18:00:00 21:00:00 00:00:00 Sewer Master Plan Update C-10 Dudek & Associates, Inc Leucadia Encinitas, Ll Rain Day Flow Comparison 00:00:00 03:00:00 06:00:00 09:00:00 12:00:00 15:00:00 18:00:00 21:00:00 00:00:00 Leucadia/Encinitas, L1 Rain Day Flow Comparison 00:00:00 03:00:00 06:00:00 09:00:00 12:00:00 15:00:00 18:00:00 21:00:00 00:00:00 Sewer Master Plan Update C-11 Dudek & Associates, Inc, North Batiquitos Interceptor, C2 Rain Day Flow Comparison 00:00:00 03:00:00 06:00:00 09:00:00 12:00:00 15:00:00 18:00:00 21:00:00 00:00:00 North Batiquitos Interceptor, C2 Rain Day Flow Comparison o 5 a: S o 00:00:00 03:00:00 06:00:00 09:00:00 12:00:00 15:00:00 18:00:00 21:00:00 00:00:00 Sewer Master Plan Update C-12 Dudek & Associates, Inc.