HomeMy WebLinkAboutBuena Sanitation District; 2015-06-11;JOINT AGREEMENT FOR CONSTRUCTION, OPERATION AND
MAINTENANCE OF THE BUENA OUTFALL ODOR CONTROL UNIT
THIS AGREEMENT for the Buena Outfall Odor Control Unit ("Agreement") is made and
entered into as of 3or\c^ 11 ^ olP(S ("Agreement Date"), by and between the Buena
Sanitation District, a County Sanitation District, a special district ("District"), and the City of
Carisbad, a chartered municipal corporation ("Carisbad"), collectively, ("the Parties").
RECITALS
A. Upon complefion of the Buena Outfall Force Main Extension project (District CIP
8131) the District will no longer have flow entering the Buena Outfall or be responsible for odor
control forthe Buena Outfall; and
B. Until such time the Buena Outfall Force Main Extension project is complete the
District and Carisbad desire to enter into a joint agreement for procurement, installafion, and
maintenance of the Buena Outfall odor control active bio-filter units for odor treatment; and
C. On June 11, 2013, the District adopted Resolufion No. 2013-006, approving its
Five Year Capital Improvement Program (CIP) and FY 2013/14 Capital Project Budget and
authorizing appropriations for FY 2013/14 Capital Projects; and
D. The District FY 2013/14 Capital Project Budget included an appropriafion from the
Buena Sewer Replacement Fund (506) for Buena Outfall Odor Control (CIP 8261) located along
Palomar Airport F?oad; and
E. The program for Buena Outfall Odor Control included purchase and installafion of
odor control media in FY 2013/14 and replacement of spent odor control media in FY 2014/15 as
temporary control unfil the Buena Outfall Force Main Extension project (CIP 8131) is complete;
and
F. On November 4, 2013, a purchase agreement for installafion of manhole odor
control inserts and filter media was executed with Southland Water Technologies, LLC, but the
installed have proven to provide insufficient odor control; and
G. On February 10, 2015, the District adopted Resolufion No. 2015-002, amending
its Capital Improvement Program (CIP) Budget to appropriate an addifional $150,000 for Buena
Outfall Odor Control (CIP 8261) for the 2014/15 fiscal year.
NOW THEREFORE, the Parties agree as follows:
1. PROJECT DESCRIPTION
A. The Buena Outfall currently receives 2.1 million gallons per day of flow from
the Buena Sanitafion District and 0.1 million gallons per day of flow from the City of Carisbad. The
purpose of odor control for the Buena Outfall located along Palomar Airport Road is to mitigate
sewer gas odor, primarily hydrogen sulfide gas, from escaping manholes and becoming a
potential malodor. Odor control units are pan-like filters inserted into each manhole which attach
to the rim and frame of the manhole. Once the manhole lid is placed over the unit it can filter and
treat gas as it travels past the lid. The District has installed 31 units along Palomar Airport Road
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and have found that the pan-like filter units are insufficient and that an active odor control unit is
needed.
2. JOINT RESPONSIBILITIES OF THE PARTIES
A. Cartsbad and the District shall mutually agree on the scope of the
construction contract and the maintenance agreement through a subsequenfiy-executed staff
memorandum attached to this Agreement. Maintenance and operafion shall include at a minimum
servicing cost, water cost, electrical cost, and filter maintenance.
3. RESPONSIBILITIES OF CARLSBAD
A. Carisbad shall procure, install, and maintain a new active odor control unit
("Unit") for the Buena Outfall located along Palomar Airport Road.
B. Carlsbad shall obtain permission to enter and construct the Unit at the
Palomar Commons development.
C. Carisbad shall enter into a maintenance agreement with a contractor
authorized to maintain the Unit.
4. RESPONSIBILITIES OF DISTRICT
A. District shall pay Carlsbad for its share of procurement, installation, and
maintenance costs for the Unit.
B. Payment to Carisbad for procurement and installation of the Unit shall be
made within 30 days from the receipt of an invoice from Carisbad at the completion of installation.
C. District shall pay Carisbad for the maintenance and operation costs of the
Unit on an annual (fiscal year) basis no later than October 31^' annually.
5. ALLOCATION OF COSTS
A. District shall be responsible for 95 percent of the installation, maintenance
and operafing costs ofthe Unit.
B. Carisbad shall be responsible for 5 percent of the installafion, maintenance
and operating costs of the Unit.
6. TERM
A. The District is currenfiy designing the Buena Outfall Force Main Extension
project (District CIP 8131). The new Buena Outfall will start upstream ofthe Palomar Commons
at El Camino Real just north of Palomar Airport Road. Upon complefion of the new Buena Outfall
and removal of District's flow from the old Buena Outfall, this Agreement shall terminate and
Carisbad shall assume all costs associated with the operation and maintenance of the Unit
pending the execution of an agreement between the Parties for the transfer of the old Buena
Outfall.
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7. TRANSFER AGREEMENT
A. Following the complefion of the new Buena Outfall and the removal of the
District's flow from the old Buena Outfall, the Parties shall execute an agreement transferring the
District's interest in the old Buena Outfall to Carisbad at a price that reflects the District's capital
investment in the old Buena Outfall, including the Unit, less appropriate depreciafion.
IN WITNESS WHEREOF, each Party has, pursuant to resolution duly passed and adopted
by its respective governing body, approved this Agreement and caused it to be executed and be
effecfive as of the Agreement Date.
BUENA SANITATION DISTRICT, a county
sanitation district
By:.
ITTER, CHAIRPERSON
ATTEST:
MARGI KILIAN, CLERK OF THE BOARD
By
APPROVED AS TO FORM:
DAROLD PIEPER, DISTRICT COUNSEL
By.
RISK MANAGEMENT REVIEW:
DOLORES GASCON, RISK MANAGER
APPFfOVED
Darold Pieper
1439 031215
CITY OF CARLSBAD, a chartered
municipal corporafion
ATTEST:
BARBARA ENGLESON, CITY CLERK
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APPROVED AS TO FORM:
CELIA A. BREWER, ClTY ATTORNEY
By:
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