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Home My WebLink AboutEncina Wastewater Authority; 1992-11-06;m 0 T i -* ENCINA WASTEWATER AUTBORITY CONSTRUCTION AGREEMENT ENCINA COMPOSTINB PROJECT .. FOR TEE Ref: 34' This Agreement (hereinafter the Construction Agreement) 19' by and among the CITY OF CARLSBAD (hereafter Carlsbad) , the CITY t VISTA (hereafter Vista), the VALLECITOS WATER DISTRICT, (hereaftc Vallecitos) , the LEUCADIA COUNTY WATER DISTRICT (hereaftc Leucadia) , the BUENA SANITATION DISTRICT (hereafter Buena) , and tl ENCINITAS SANITARY DISTRICT (hereafter Endnitas) , herein call1 the "member agencies" for the construction of their jointly own1 composting facility. made and entered into this 6th day of NOVEMBER RECITALS WHEREAS, the member agencies own and operate the Encina Joi Sewer System pursuant to the Revised Basic Agreement, WHEREAS, the member agencies have adopted a Revis Establishment Document, establishing the Encina Wastewat Authority (EWA), a separate but subordinate public agency, operator and administrator of the Encina Joint Sewer System, WHEREAS, the member agencies are planning to construct a operate a biosolids composting facility (Unit K) as part of t Encina Joint System to provide a reliable, long-term manageme option for the biosolids generated at the Encina Water Polluti Control Facility (Unit I), hereafter referred to as "Encinal8; a WHEREAS, the member agencies desire the EWA to administer t construction of the composting facility; NOW THEREFORE, TEE PARTIES HERETO AGREE AS FOLLOWS: Section 1. Definitions For the purposes of this agreement, the following terns sha have the meanings listed below: 1.1 produced by wastewater treatment processes, that can beneficially recycled. Section 2. Cornposting Project (Unit K) Phasing 2.1 Phase I Project Description and Capacity: The Pha I Cornposting Facility shall be as described in the May 13, 1991 Biosolids - Primarily organic solid material EXHIBIT #1 e 0 “U ‘ * *I Conceptual Cost Estimate Report by John Carollo Engineers. Th project shall incorporate an in-vessel composting system sized t accomodate up to approximately 6 dry tons of biosolids per da with storage facilities oversized to accommodate ultimat expansion. The size of the Phase I facility may be modified at the discretio of the Operator/ Administrator. Any such modification must b within the approved capital budget. Budget procedures shall be a set forth in the Revised Basic Agreement. Capacity rights shall be in the same percentage as the membe Joint System upon as described in Section 9.2 of the Revised Basi Agreement. Assuming the facility will process 4 to 6 dry tons of biosolids pe day, the capacity per agency shall be as follows: . agency‘s percentage of solids capacity rights in Unit ((It1 of th PHASE I CAPACITY (DRY TONS PER DAY) * OWNERSHIP (%) VISTA: 0.85 to 1.27 21.18 0.97 to 1.46 24.32 BUENA: 0.37 to 0.55 9.24 VALLECITOS : 0.79 to 1.19 19.84 LEUCADIA : 0.83 to 1.24 20.68 ENCINITAS : 0.19 to 0.29 4.74 TOTAL 4 to 6 100.00 *The actual ownership capacity will be determined by multiplyir the percent ownership per agency by the actual rated capacity c the facility following final design and facility construction a1 start-up. 2.2 Land Use Permits for the Phase I Facility: The Compostix Facility site is presently located in an unincorporated area of tl County of San Diego, and within the sphere of influence of the Cil of San Marcos. The Operator/Administrator shall pursue a: necessary approvals from the agency(s) responsible fc jurisdictional control, in order to obtain land use permits for tl facility on behalf of the member agencies. In order to facilitate future expansion, the Operator/Administrat( may pursue permits for a facility sized to accommodate tl estimated biosolids production in the year 2010 (ultimate facilii capacity) The permitting of a facility of any certain size shall not bind tl Member Agencies to any greater financial commitment than thi identified in the approved capital budget. CARLSBAD: 2.3 Future Expansion of Phase 1 Cornposting Facility: 2.3 Future Ex db nsion of Phase 1 Composti @ Facility: - y* \ *< Increased capacity resulting from any future enlargement of thc Phase I facility shall belong to those member agencies paying thc cost and expense thereof. Pending the availability of capacity, a: described in Section 9 of the Revised Basic Agreement, no membe: agency shall unreasonably withhold consent to such enlargement Any such enlargement shall be constructed in accordance with plan: and specifications approved by the Operator/Administrator. section 30 Phase I Cost Allocations The estimated total cost of Phase I, including design, sit acquisition, construction and other attendant costs, is no expected to exceed $17,800,000. If this amount is expected to b exceeded, the Operator/Administrator shall so note in presentin( the capital budget proposal under the RBA. The costs shall b apportioned to the member agencies based on the Unit K ownershi percentages set forth in Section 9.2 of the Revised Basic Agreemen and as identified in Section 2.1 herein. The estimated Phase costs shall be as follows (ownership percentages are listed i Section 2.1) : Aaency Estimated Phase I Cost Vista $3,769,000 Carlsbad 4,333,000 Buena 1,643,000 Vallecitos 3,532,000 Leucadia 3,680,000 Encinitas 843,000 Total $17,800,000 Section 4. Payment of Phase I Capital Expenses Phase I contract expenses approved by the Operator/Administrato shall be paid in accordance with the provisions established in it agreements with associated consultants, engineers, contractors construction manager, and others. The payments will vary overth duration of the project implementation, construction, and start-up The Operator/Administrator shall notify the member agencies of th amounts needed following receipt of invoices. 8ection so Counterparts This Agreement may be executed in counterparts and up0 execution thereof by all of the member agencies, each SUC counterpart shall be deemed to be an original. CONSTRUCTION AGREEMENT to b resentative officials duly authorized by the IN WITNESS WHEREOF, eac 0 0 >-* REVISED BASIC AGREEMENT AND MAINTENANCE OF A JOINT SEWAGE SYSTEM FOR OWNERSHIP, OPERATION SEPTEMBER 25, 1992 Ref: 432E 8 0 EXHIBIT #2 e e ,. TABLE OF CONTENTS Paqe RECITALS . 0 Section 1 DEFINITIONS ................. 1.1 Joint Advisory Committee (JAC) ........ 1.2 Joint System ................. 1.3 Member Auencies ............... 1.4 Operator/Administrator ............ Section 2 JOINT PARTICIPATION ............. Section 3 AREA TO BE SERVED BY THE JOINT SYSTEM .... 3.1 Existins Sewice Area ............ 3.2 Revisions to the Service Area ........ 3.3 Prohibition on Discharues from Outside the Exhibit A Sewice Area ............ Section 4 ENLARGEMENT OF THE JOINT SYSTEM ....... Section 5 PROTECTION OF THE JOINT SYSTEM/SOURCE CONTROL ................... 5.1 Protection of the Joint System ........ 5.2 Prohibitions ................. Section 6 CAPACITY AND USE OF CAPACITY (CAPACITY INFRINGEMENT) ................ Section 7 CAPACITY MONITORING ............. Section 8 ACQUISITION/SALE OF EXCESS CAPACITY ..... Section 9 CAPACITY RIGHTS IN UNITS ........... .............. ..... 9.31 Pest TT ' Unit I and Unit J CaDacitv. .................. 4.1 x-*; Iz&+KFme& ........ 9.43 - Unit 1 Capacity Infrinsement. . a. Flow Calculation ............. b. Monitorins of CaDacitv Demand ...... c. Excess Use a Trespass .......... d. Indemnitv and Hold Harmless ....... e. License Payments ............. Resenre. ................ g. Reserve CaDacitv ............. f. Restrictions on Use Over 40% of h. Sole Method of Allocation ....... Section 10 DEFINITION OF PHASE IV COMPUETION Section 11 CAPACITY RIGHTS FOR RECLAMZ4TION 11.1 Future Reclamation ............ Section 12 JOINT ADVISORY COMMITTEE 0 11.2 Existinu Reclamation ........... 12.1 Powers .................. 12.2 Representation on JAC ........... 12.3 Officers of JAC .............. 12.4 Meetinas of the JAC . . . . . . 12.5 Rules ................... 12.6 Payment for Attendance .......... 12.7 Assistance from the Operator/Administrator Section 13 OPERATOR/ADMINISTRATOR 13.1 General Duties .............. 13.2 Desiunation and Specific Powers ...... 0 e 3, . '" Section 14 BUDGETING AND ACCOUNTING . . . . . . . 3 14.1 Annual Budqets . . . . . . . . . . . . . . 3 Section 15 ASSISTANCE TO OPERATOR/ADMINISTRATOR - 3 Section 16 RIGHTS OF WAY AND LAND ACQUISITIONS . 3 EXPENSES 0 0 . . 3 17.1 Allocation of Emenses . . . . . . . . 3 17.2 Pavment Schedule . . . . . . . . . . 3 Section 18 PAYMENT OF CAPITAL EXPENSES 3 18.1 Allocation of Emenses . . . . . . 3 18.2 Pavment Schedule . . . . . . . . . . . . 3 Section 19 SETTLEMENT OF DISPUTE OR CONTROVERSY . 3 19.1 Rishtto Arbitration . . . . . . . . . 1 19.2 Riaht of Observation . . . . . . . . . . 1 19.3 Riqht to Emert Arbitration . . . . . . . . 1 Section 20 APPORTIONMENT OF LIABILITY . . . . . . 1 Section 21 NOTICES. ............... 1 Section 22 SEVERABILITY . . . . . . . . . . . . 1 Section 23 MODIFICATION OF AGREEMENT . . . . . . 1 Section 24 SUCCESSION . . . . . . . . . . . . 1 Section 25 APPROVAL . . . . . . . . . . . . . . 1 Section 17 PAYMENT OF OPERATION AND MAINTENANCE -