HomeMy WebLinkAboutSan Marcos County Water District and City of Vista; 1985-01-08;m ,- m w
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January 10, 1985
San Marcos County Water District
788 W. San Marcos Blvd.
San Marcos, CA 92069
Attention: Sally Lewis
RE: PALOMAR JOINT LAND OUTFALL INTERCEPTOR IWTERAGENCY AGREENENT
Dear Ms. Lewis:
The Vista City Council, at a regular meeting held on Tuesday,
January 8, 1985, adopted Resolution No. 85-8 approving the Palmar
Joint Land Outfall Interceptor Agrement between the City of Carls-
bad, San Marcos County Water District and the City of Vista, and
authorized and directed the Mayor to execute said Agreement on behalf
of the City of Vista.
Enclosed herewith is a certified copy of Resolution No. 85-8 and
an original signed agreement for your records.
Very truly yours,
(Mrs.) Jean Brooks, CMC
City Clerk
JB:m
Encls .
Lee Rautenkranz, City Clerk
1200 Elm Avenue
Carlsbad, CA 92008
cc: Director of Public Works
4cc: City of Carlsbad
600 EUCALYPTUS AVENUE 0 P 0 BOX 1988 0 WSTq CALIFORNIA 92083 0 619/726-1340
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RESOLUTION NO. 85-8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISTZ
APPROVING THE PALOMAR JOINT LAND OUTFALL INTERCEPTOR INTER-
AGENCY AGREEMENT BETWEEN CITY OF CARLSBAD, SAN MARCOS COUNl
WATER DISTRICT AND THE CITY OF VISTA.
WHEREAS, this resolution supercedes Resolution 83-20
adopted September 20, 1983;
BE IT RESOLVED by the CITY COUNCIL, Vista, Californii
that THE PALOMAR JOINT LAND OUTFALL INTERCEPTOR INTERAGENC'
AGREEMENT now in the hands of the City Clerk be, and the sc
is hereby approved, and the Mayor is authorized and directc
to execute same in the name of and in behalf of the City 0:
Vista.
PASSED AND ADOPTED at a regular meeting of the CITY 1
of the City of Vista, California held on the 8th day o
January , 1985, by the following roll call vote:
AYES: COUNCILPERSON S: MCCLFLLAPJ, NEAL, VON HADEN, IJAI
NOES : COUNCILPERSON S: NONE
ABSENT : COUNCILPERSON S: NONE
(?Y!L%y/F
R. MICHAEL FLICK, M
ATTEST:
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JE&J EKOOKS y *CITY CLERK
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STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO }'"
JEAN BROOKS', I, City Clerk of the City of Vista, County of San Diego, State of Ca
fornia, hereby certify that I have compared the foregoing copy with the original .KCSO&Lti
passed and adopted by said City Council, at a--Ke@%.- _______ _______ meeting thereof, at the ti1
and by the vote therein stated, which original -~esd.ution _____________ is now on file in my offic
that the same contains a full, true and correct transcript therefrom and of the whole there
Witness my hand and the seal of said City of Vista, this 1!!th-. day of --&?X?LYL--~?-~
'
(SEAL) ....-*..--... QJ&k!25 . . .-...-....... .---.......--...----....
City Clerk
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PALOMAR JOINT LAND OUTFALL INTERCEPTOR
INTERAGENCY AGREEMENT
THIS AGREEMENT is made and entered into this 8th
of January, 1985 by and between the SAN MARCOS COUNTY MI
DISTRICT (SAN MARCOS), the CITY OF VISTA (VISTA), and the CITY OF CARL
(CARLSBAD), collectively referred to as PARTIES.
RECITALS:
WHEREAS, SAN MARCOS and BUEtJA entered into an agreement dated June
1967, for lease of capacity by SAN MARCOS in BUENA SANITATION DISTRIi
ENCINA OUTFALL SEWER LINE (BUENA LINE), this agreement expired July 1, 1
and
WHEREAS, SAN MARCOS and BUENA entered into a second agreement for 1
of capacity by SAN MARCOS in the BUENA LINE for the period of July 1, 1
through July 1, 1981; and
WHEREAS, this second lease agreement was subsequently amended to ex
an additional year to July 1 9 1982; and
WHEREAS, SAN HARCOS, the DAON CORPORATION, and BUENA entered into a .1:
agreement for lease of capacity by SAN MARCOS in the BUENA LINE for the pf
of July 1, 1982 through January 1, 1984, (the estimated operational date
the then proposed San blarcos Outfall Sewer Line to the Encina Treatment F
or the Meadowlark Water Reclamation Facility for use by SAN MARCOS); and
WHEREAS, on June 20, 1966, BUENA and CARLSBAD entered into an agree
for lease of capacity in the BUENA LINE; and
WHEREAS, on December 15, 1981, BUENA and CARLSBAD rescinded
aforementioned agreement and entered i nto a new agreement enti t1 ed "AGREE
BETWEEN THE BUENA SANITATION DISTRICT At4D THE CITY OF CARLSBAD FOR THE 1
OF CAPACITY IN THE ENCINA OUTFALL, the BUENA LINE, the period of this 1
extends to July 1 , 1996; and
MEREAS, because 3f these leases of capacity to SAN MARCOS and CARL:
and because of continued increase in sewage from SAN MARCOS, GARLSBAD,
BUENA, the BUENA LINE has almost reached its capacity; and
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WHEREAS, VISTA desi res to obtain sewage transmission capacity to
Encina Water Pollution Control Facilities to serve the development in VIS'
service area, known as Raceway Basin area; and
WHEREAS, CARLSBAD desires to obtain additional sewage transnis
capacity to the Encina Water Pollution Control Facilities to serve in
developments in the south and central CARLSBAD service area; and
WHEREAS, in 1979 SAN EV\RCOS initiated a project entitled "SAN IAl
COUNTY WATER DISTRICT LAND OUTFALL INTERCEPTOR" (State Water Resources Con.
Board Project No. C-06-1571-010) which extended from SAN MARCOS to the En1
Plant. P1 ans, specifications, and an environmental impact report i
prepared. The design criteria for the lower reach from El Camino Real to
Encina Plant was 72.1, more or less, millions of gallons per day maximum
capacity; and
WHEREAS, PARTIES to this Agreement have expressed a desire to coope
in the construction, operation, and maintenance of the Paloinar Joint
Outfall Interceptor, as shown on Plans and Specifications prepared by Ne
Brudin and Stone, Civil Engineers, dated August 23, 1983, as set forth in
Agreement and here i naf ter call ed I' INTERCEPTOR" ; and
WHEREAS, PARTIES are entering into this Agreement in order to estab
their respective rights and duties with respect to the ownership of capa
in each reach of the facilities and for the operation and maintenance of
facilities;
COY E NA??TS
NOM THEREFORE, incorporating recitals of facts above, the PARTIES he
agree as follows:
Article 1. ONNER: SAtJ MARCOS shall be the owner and shall
responsible for the preparation of the contract documents, the environme
impact report for SAM MARCOS, the Coastal Commission permits, all o
permits, property acquisition and easements, supervision of construct
operation and maintenance of the INTERCEPTOR, and for the fiscal managemen
the INTERCEPTOR. Assistance from other agencies shall be provided
facilitate the process upon request by SAN MARCOS.
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Article 2. OWNER'S RESPONSIBILITIES: SAN MARCOS shall diligei
and fat thful ly pursue a1 1 the foregoi ng responsi bil i ties knowing that time
of the essence for construction of the INTERCEPTOR to relieve the surchar!
in the BUENA LINE.
INTERCEPTOR is shown in Table 1.
ARTICLE 3. CAPACITY OWNERSHIP: The ownershi p of capacity in
TABLE I
CAPACITY OWNERSHIP PERCENTAGES
Carl sbad Wi sta San Marcos
MGD % - MGD- % MGD %
5.0 23.98 3.75 17.99 12.1 58.03
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(See Exhibit A for location)
The final maximum peak flow capacity for the City of Carlsbad equals
Million Gallons Per Day and the City of Vista equals 3.75 Million Gallons
Day. For purposes of distributing costs, the costs shall be shared by
three agencies in accordance with their capacity ownership, and for
construction cost. Final adjustments to these costs will be made after
INTERCEPTOR is finally constructed and all costs are known,
completed shall include, but not be limited to, the following tasks:
Article 4. PRE-CONSTRUCTION : The pre-constructi on work to
1. Preparation of an Environmental Impact Report (EIR) the projec
2. Revisions to the construction documents for the oversizing
accommodate the Carlsbad and Vista flows prepared by NE!
BRUDIN & STONE, INC.
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3. Acquisition of permits.
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5.
Acquisition of easements and rights-of-way.
Administration, niscell aneogs engineering, and legal tasks,
Since SAN MARCOS has already prepared an EIR and completed construc
documents for their original "Land Outfall Interceptor" Project, SAN MA
will not share in any additional costs for tasks 1 and 2.
Costs for tasks 1 and 2 shall be shared between VISTA and CARLSBA
accordance with their capacity ownership percentages (oni tti ng SAN MARCOS
weighted and averaged to account for the construction cost. 1
computations are shown in Exhibit B and sumarized as follows:
CARLSBAD 57 -1 4 percent
Y I STA 42.86 percent
Final adjustments to these percentages will be made after the projeci
finally constructed and a17 costs are known.
Pre-construction costs shall b2 shared among the agencies in accorc
with their capacity ownership as set forth in Article 3.
With the assistance of CARLSBAD and VISTA, SAN MARCOS shall take any
all steps necessary to acquire easements of right-of-way for the project.
the event eminent domain proceedings are necessary, all PARTIES agree to
any necessary legal proceedings required. All PARTIES agree to adopt
necessary resol utions connected wi th said 1 egal proceedings. The cost of
such legal proceedings shall be borne in accordance with Article 3.
Article 5. COtJSTRUCTION: SAN i4ARCOS shall be the contracting age
shall administer the construction contract, in accordance with Division
Water Code, State of California, and shall take any and all steps necessar
ensure the INTERCEPTOR is completed in accordance with the plans
specifications. Change orders or mendzents to the approved plans
specifications affecting the costs to be paid by other PARTIES hereto
beauthorited by SAN MARCOS on individual change orders of $25,000.00 or 1
up to an aggregate of five (5%) percent of the INTERCEPTOR construction cc
without approval from the other affected PARTIES.
Article 6. COST ACCOUNT It4 G (?re-Construction and Constructi
SAfl MARCOS shall keep and maintain proper books of account and record
which complete and current entries shall b2 nade of all transactions.
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For the construction contract of the project SAN MARCOS shall preparc
cause to be prepared a cash flow table. The cash flow tables shall be updl
quarterly to reflect any changes in the schedules or in anticipated costs,
shall reflect the capacity ownerships shown in Articles 3. Upon executior
"Notice to Proceed'' of contract, all of the PARTIES hereto shall deposit i
trust fund to be held by SAN MARCOS fifteen (15%) percent of each PAR'
share of the estimated total construction costs as shown in initial cash .
table. SAN MARCOS shall then bill each of the PARTIES quarterly, in adw,
to insure that SAN MARCOS always has sufficient funds on hand to make til
disbursements in the Administration of the project. VISTA and CARLSBAD si
pay such statements within a reasonable period thereafter. SAN MARCOS st
submit with each quarterly billing a copy of the updated cash flow ti
showing how each PARTY'S anticipated costs were established. In the e\
that SAN MARCOS borrows any monies in order to pay such costs as they be(
due because of delay in required payments by any of the parties hereto,
costs of such borrowing shall be paid by the PARTY or PARTIES causing !
delay in proportion to the amount of their respective obligations and
period of delay caused by each such PARTY.
SAM MARCOS shall invest all deposl'ts made with it pursuant to 1
Agreement until needed for payment of the costs and all earnings thereon sh
inure to the PARTIES hereto in proportion to the respective amounts credi
to them.
SAN MARCOS shall be strictly accountable to all PARTIES hereto for
funds received by it pursuant to this Agreement, and shall maintain and make
available to the PARTIES hereto adequate records of all receipts
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 prou
routine maintenance and operation functions for the INTERCEPTOR in accord?
with this Agreement. Costs of maintenance and operation shall be shared
the PARTIES hereto in proportion to their capacity ownerships, as set forth
Article 3, Table I.
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Costs of expendables for all PARTIES, such as, but not limited to, pol
chemicals, etc., will be borne and paid by each of the PARTIES in a ratic
their flow to the total flow of wastewater transported through the INTERCEI
for each of the PARTIES for the preceding calendar year. Until such time i
preceding calendar year is available, the period of time shall be
cumulative preceding months of operation. Costs of expendables benefit-
less than all PARTIES shall be borne by the PARTY or PARTIES concerned.
SAN MARCOS shall bill VISTA and CARLSBAD periodically (but not less t
annually) for that PARTY'S share of such costs and maintenance; VISTA
CARLSBAD shall pay such statement within a reasonable period of t
thereafter.
SAN MARCOS shall keep and maintain proper books of account and records
which complete and current entries shall be made of all transactic
including all receipts and disbursements, relating to the administrati
maintenance, operation, and repair of the INTERCEPTOR; VISTA and CARLS
shall have the right, at reasonable times, from time to time, during regu
business hours to inspect all such books and records to verify any statem
rendered by SAN MARCOS to VISTA or CARLSBAD for charges payable by th
PARTIES to SAN MARCOS. SAN MARCOS shall utilize the "Uniform Account
Program'' of the State Controller's office for this purpose.
It is acknowledged and agreed by the PARTIES that it is difficult
establish in advance a detailed plan for accounting and allocation
operation and maintenance costs. Maintenance and operating costs shall lil
the necessary costs of maintaining and operating the INTERCEPTOR based
generally accepted accounting principles, including, but not limited .
expenses necessary to maintain and preserve the INTERCEPTOR in good repair I
working order, as well as insurance, taxes, administration, and any co'
attributable to maintenance and operation.
Article 8. REPAIRS OR REPLACEMENT: Except in cases of emerge:
repairs, prior to making any repairs to any part of the INTERCEPTOR in wh.
VISTA or CARLSBAD have capacity rights which are estimated to cost in exec
of Ten Thousand Dollars, SAN i4ARCOS shall obtain prior approval of VISTA 4
CARLSBAD for any such expenditures.
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The expenses of repair shall be charged to each PARTY on the basis
capacity ownership, and shall be substantiated by customary accoun
procedures; and shall be paid by VISTA and CARLSBAD within a reasonable pe
of time provided, however, such costs benefitting less than all PARTIES s
be borne by the PARTY or PARTIES concerned.
The cost of replacing any portion of the INTERCEPTOR shall be alloc
on the basis of the capacity of ownership as set forth herein for
INTERCEPTOR being repl aced.
SAN MARCOS shall undertake any necessary repairs or replacement at
earl iest possible date.
Article 9. METERS: VISTA and SAN MARCOS shall maintain meters
measure the flow of wastewater into the INTERCEPTOR. CARLSBAD'S flow shal
determined by subtracting the sum of the flows from VISTA and SAN MARCOS
the total flows measured by the Palomar Parshall flume meter at the headw
of the Encina Water Pollution Control Facilities.
Each PARTY shall bear the full cost of the meter and appurtena
installed for the use of that PARTY in measuring the amount of wastew
discharge into the INTERCEPTOR.
Article 10. PROHIBITION OF TOXIC MATERIALS: Each PARTY agrees
adopt and enforce on a continuing bdsis regulations prohibiting the disch
of toxic materials to the Encina Water Pollution Control Facilities.
discharge of sewage and wastewater to the INTERCEPTOR to insure that anyt
introduced into the INTERCEPTOR is consistent with the Encina NPDES disch
permi t.
Any PARTY failing to comply with the provisions of this Article shall
any costs directly or indirectly resul ti ng therefrom, i ncl udi ng the cos1
ascertaining and establishing that such violation did occur as well as
fines, penal ties, engineering, accounting, administrative and legal costs
we1 1 as any resul ti ng increased operati ng , maintenance and repl acemenl
repair costs that are incurred.
Article 11. INDEMNITY OF VISTA AND CARLSBAD: SAN MARCOS S
indemnify, assume the defense of, and hold free and harmless, VISTA
CARLSBAD, their officers, directors, agents and employees from any and all
Each PARTY agrees to enforce rules and regulations relative to
c.
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obligations, liabilities, liens, claims, demands, losses, damages
expenses, of whatever type or nature, including, but not limited
attorney's fees and all litigation costs arising out of SAN b1ARCOS'S opera1
or maintenance of the INTERCEPTOR or any other act or omission to act by
HARCOS, its agents, servants, employees, invitees,, or independent contracl
relating to the operation and maintenance of the INTERCEPTOR.
Notwithstanding, the foregoi ng , the indemni ty agreement created by 1
Article shall not indemnify VISTA or CARLSBAD, their directors, agents
employees against any liability arising from the negligence or wil'
misconduct of VISTA or CARLSSAD, their officers, directors, agents, emplo!
or independent contractors *
Article 12. SAN MAKOS TO MAINTAIN INSURANCE: SAM MARCOS SI
maintain in force, beginning wi th the conpl eti on of the construction
extending through the full period of this Agreement, a full comprehen:
pub1 ic 1 iabil i ty and property damage i nsurance pol icy insuri ng against any
all claims for injuries or death of persons or damage to property occuri
in, upon, or about the property subject to this Agreement.
The insurance contract shall have limits of not less than $1,000,00~
single-1 irnit coverage; VISTA and CARLSBBD, their officers, directors, agr
and employees, shall be listed as named insureds, and it shall provide fot
least forty-five (45) days notice of cancellation or modification of cove
or limits. Said insurance shall be included as an operating and mainten,
expense as provided in Article 7.
Article 13. NOTICES: Notices which any PARTY is required to give
desires to give hereunder may be served upon another PARTY by person
delivering a copy thereof, or by mailing any such notice by certified mi
return receipt requested, postage prepaid, addressed as follows:
CITY OF CARLSBAD
1200 Elm Avenue Carl sbad, Cal i forni a
CITY OF VISTA P.O. Box 1988 Vista, California 92083
SAN MARCOS COUNTY WATER DISTRICT 788 West San idarcos Boulevard San Marcos, California 92069
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Any PARTY may from time to time designate a different address for no
by notifying the other PARTIES; any notice mailed by regular mail shall be
deemed received by the PARTY to whom such notice is addressed on the datc
the return receipt.
be altered in whole or in part except by modification in writing, execute1
all PARTIES to this Agreement,
Article 15. ATTORNEY'S FEES: In the event any litigation in la\
in equity, including action for declaratory relief, is brought to enforci
interpret the provisions or performance of this Agreement, the prevai'
PARTY shall be entitled to the award of a reasonable attorney's fee and
costs of the proceeding, which shall be determined by the Court or
presiding officer having authority to make this determination.
If any PARTY to this Agreement becomes a party to any litigat
concerning the enforcement or interpretation of the provisions of '
Agreement or the performance of this Agreement by reason of any act
omission of the other PARTY or authorized representatives of another PART'
this Agreement and not by any act or omission of its author
represesltatives, the PARTY that causes the other PARTY to become involve(
the proceeding shall be liable to that PARTY for reasonable attorney's I
and costs of the proceeding incurred by that PARTY in the proceeding.
award of reasonable attorney's fees and costs shall be determined as provi
above.
In the event opposing PARTIES have each prevailed on one or more cat
of action actually contested or admitted by pleadings or pre-hearing documt
on file, the presiding officer shall make an award of attorney's fees
costs, but the presiding officer may prorate such fees and costs beti
prevail ing PARTIES based on the necessity of the proceeding and the importi
of the issue upon which each PARTY has prevailed.
Article 16. ENTIRE AGREEMENT: This Agreement, together with
Exhibits hereto, contains a1 1 representations and the entire understanc
between the PARTIES with respect to the subject matter of this Agreement.
prior correspondence, memoranda or agreements are rep1 aced in total by t
Agreement and Exhibits hereto.
Article 14. AMENDMENTS TO THIS AGREEMENT: This Agreement may
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Article 17. ASSIGNMENT: No PARTY to this Agreement shall
entitled to assign all or any portion of their rights or obligations contai
in this Agreement without obtaining the prior written consent of the 01
PARTIES. This shall not apply to successor agencies which are also PARTIE:
thi s Agreement.
benefit of and be binding upon PARTIES hereto and their respective successc
heirs, and assigns.
Article 19. APPLICABLE LAY: This Agreement and any dispu
relating to this Agreement shall be construed under the laws of the State
California.
covenants of this Agreement should be construed, wherever possible, consist
with applicable laws and regulations.
To the extent that any provision of the Agreement violates any applica
law or regulation, the remaining provisions shall nevertheless be carried i
full force and effect and remain enforceable.
Article 21. VENUE: For the purpose of litigation or arbitrati
venue shall lie fn the North County Judicial District, County of San Die
State of California, or, if such venue cannot be exercised, in the Federal
State Court nearest to the North County Judicial District, County of San Dieg
performed in the North County Judicial District, County of San Diego, State
California, and consists of 23 pages (including Exhibits), and shall conti
in effect until terininated by mutual agreement of the PARTIES.
Article 23. SIGNATURE AND SEALS: This Agreement shall be effect
on and from the day and year first above written.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
Article 18. BINDING EFFECT: This Agreement shall inure to
Articl e 20. UNENFORCEASLE PROY ISIONS: The terms, conditions,
Article 22. TERM: This Agreement is executed and is to
ATTEST : CITY OF CARLSBAD
Ety &u+ Clerk R. 6L&+hO
ATTEST:
ByA+.. ii' CEL/L.k Nayor
SAN W-MCOS COUNTY WATER DISTRICT
r+ /> ,I '7 /- gJs&&L ** e p. 1 J LL&: 7 William W. Rucker, Secretary
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E X H I B I T "A"
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E X ti I B I T "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:
C ARLS BAD 23.98%
VISTA 17099%
SAN MARCOS 58.03%
DELETING SAN MARCOS, THE OWNERSHIP PERCENTAGES ARE:
CARLSBAD
VISTA
23.98/300 - 58.03 = 57.14
17.99/900 - 58.03 = 42.86
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I SEWER MASTER PLAN
MAJOR TRUNK LINE MAP
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RESOLUTION NO. 7862
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, RESCINDING RESOLUTION NO. 7521 AND NO. 7371 AND APPROVING A NEW AGREEMENT BETWEEN THE CITY OF CARLSBAD, THE SAN MARCOS COUNTY WATER DISTRICT AND THE CITY OF VISTA
AGENCY AGREEMENT FOR THE CONSTRUCTION AND MAINTENANCE OF A JOINT SEWER LINE AND I- FACILITIES
KNOWN AS THE PALOMAR JOINT LAND OUTFALL INTERCEPTOR INTER-
The City Council of the City of Carlsbad, California, does hereby
resolve:
1. That a certain agreement between the City of Carlsbad, the Vi
Sanitation District, the Buena Sanitation District and the San Marcos
County Water District, known as the Palomar Joint Land Outfall Interce
Interagency agreement approved by Resolution .No. 7521 and No. 7371 is
hereby rescinded.
2. That a certain agreement between the City of Carlsbad, the Sa
County Water District and the City of Vista known as the Palomar Joint
Outfall Interceptor Interagency agreement for the construction and
maintenance of a joint-use sewer line and facilities, a copy of which
attached hereto and incorporated herein by reference, is hereby approa
The Mayor of the City of Carlsbad is hereby authorized and di 3.
to execute said agreement for and on behalf of the City of Carlsbad.
approval is conditioned upon acceptance of this agreement by all other
agencies which are a party to said agreement.
I//
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbai
Council held on the 2nd day of JanUary , 1985, by the followi
vote, to wit:
AYES:
NOES : None
ABSENT: None
Council Members Casler, Lewis, Kulchin, Chick and Pettine
%L?+$J&
MARY H. SLER, Mayor
ATTEST:
1
'UL &T%! R*U& A, i*&
I I
(SEAL)
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5 PALOMAR JOINT LAND OUTFALL INTERCEPTOR
INTERAGENCY AGREEMENT
THIS AGREEMENT is made and entered into this 6th
of September. 1983 by and between the CITY OF CARL:
(CARLSBAD), the SAN MARCOS COUNTY WATER DISTRICT (SAN MARCOS), the VI
SANITATION DISTRICT (VISTA), and the BUENA SANITATION DISTRICT (BUEI
coll ectively referred to as PARTIES.
REC I TALS :
WHEREAS, SAN MARCOS and BUENA entered into an agreement dated June
1967, for lease of capacity by SAN MARCOS in BUENA SANITATION DISTRIl
ENCINA OUTFALL SEWER LINE (BUENA LINE), this agreement expired July 1, l!
WHEREAS, SAN MARCOS and BUENA entered into a second agreement for 1(
of capacity by SAN MARCOS in the BUENA LINE for the period of July 1, l!
through July 1, 1981; and
WHEREAS, this second lease agreement was subsequently amended to ex
an additional year to July 1, 1982; and
WHEREAS, SAN MARCOS, the DAON CORPORATION, and BUENA entered into a tl
agreement for lease of capacity by SAN MARCOS in the BUENA LINE for the pe
of July 1, 1982 through January 1, 1984, (the estimated operational date
the then proposed San Marcos Outfall Sewer Line to the Encina Treatment P
or the Meadowlark Water Reclamation Facility for use by SAN MARCOS); and
WHEREAS, on June 20, 1966, BUENA and CARLSBAD entered into an agree1
for lease of capacity in the BUENA LINE; and
WHEREAS, on December 15, 1981, BUENA and CARLSBAD rescinded
aforementioned agreement and entered into a new agreement entitled "AGREE
BETWEEN THE BUENA SANITATION DISTRICT AND THE CITY OF CARLSBAD FOR THE L
OF CAPACITY IN THE ENCINA OUTFALL, the EUENA LINE, the period of this 1
extends to July 1, 1996; and
WHEREAS, because of these leases of capacity to SAN MARCOS and CARLS
and because of continued i ncrease i n sewage f ron SAN MARCOS, CARLSBAD,
BUENA, the EUENA LINE has almost reached its capacity; and
WHEREAS, VISTA desi res to obtai n sewage transmi ssi on capaci ty to
Encina Water Pollution Control Facilities to serve the development in VIS
service area, known as Raceway Basin area; and
' and
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WHEREAS, CARLSBAD desires to obtain additional sewage transmi s
capacity to the Encina Water Pollution Control Facilities to serve in
developments in the south and central CARLSBAD service area; and
WHEREAS, BUENA desi res to obtai n additional sewage transmission capa
to the Encina Water Pollution Control Facilities to serve developments in
BUENA service area; and
WHEREAS, in 1979 SAN MARCOS initiated a project entitled "SAN MA
COUNTY WATER DISTRICT LAND OUTFALL INTERCEPTOR" (State Water Resources Con
Board Project No. C-06-1571-010) which extended from SAN MARCOS to the En
P1 ant. P1 ans, specifications, and an environmental impact report
prepared. The design criteria for the lower reach from El Camino Real to
Encina Plant was 12.1 millions of gallons per day maximum flow capacity; and
WHEREAS, PARTIES to this Agreement have expressed a desire to coope
in the construction, operation, and maintenance of the Palomar Joint
Outfall Interceptor, as shown on Plans and Specifications prepared by Ne
Brudin and Stone, Civil Engineers, dated August 23, 1983, on a reach-by-r
basis as shown in Exhibit "A" and as set forth in this Agreement
herei nafter call ed "INTERCEPTOR"; and
WHEREAS, PARTIES are entering into this Agreement in order to estab
their respective rights and duties with respect to the ownership of capa
in each reach of the facilities and for the operation and maintenance of
facilities;
COVENANTS
NOW THEREFORE, incorporating recitals of facts above, the PARTIES he
agree as follows:
Article 1. OWNER: SAN MARCOS shall be the owner and shall
responsible for the preparation of the contract documents, the envi ronmc
impact report for SA93 MARCOS, the Coastal Commission permits, all c
permits, property acquisition and easements, supervision of construcl
operation and maintenance of the INTERCEPTOR, and for the fiscal managemer
the INTERCEPTOR. Assistance from other agencies shall be providec
facilitate the process upon request by SAN MARCOS.
Article 2. OWNER I S RESPONS IBI LIT1 ES : SAN MARCOS shall diligt
and faithfully pursue a1 1 the foregoing responsi bi 14 ties knowing
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c that time is of the essence for construction of the INTERCEPTOR to relieve
surcharging in the BUENA LINE.
ARTICLE 3. CAPACITY OWNERSHIP: The ownership of capacity in (
reach of the INTERCEPTOR is shown in the calculations in Exhibit "B"
summarized in Table 1.
TABLE I
CAPACITY OWNERSHIP PERCENTAGES
Reac hl Carl sbad Vista Buena San Marco No. 0 - MGD - MGD - % MGF x - -- MGD % -
1 20.35 45.13 3.74 8.29 3.00 6.65 18.00 39.! 2 19.79 44.44 3.74 8.40 3.00 6.74 18.00 40-r 3 17.66 41.65 3.74 8.82 3.00 7.07 18.00 42.1 4 14.08 36.27 3.74 9.63 3.00 7.73 18.00 46.: 5 13.95 36-06 3.74 9.67 3.00 7-75 18.00 46.! 6 13.90 35.97 3.74 9.68 3.00 7.76 18.00 46.! 7 8.05 24.55 3.74 11.44 3.00 9.15 18.00 54.1 8 7.40 23.02 3.74 11.64 3-00 9.33 18.00 56.1 10 4.18 18.85 3.74 - 3 .OO - 18.00 81-'
1See Exhibit A for location and definition of each reach.
The final maximum peak flow capacity for each agency will be determined
applying these percentages to the particular reach running full as finl
constructed. For purposes of distributing costs, other than direct costs
the reaches, the costs shall be shared by all four agencies in accordance 1
their capacity ownership, for each reach and for the construction cost of (
reach. These computations are shown in Exhibit "B" and are summarized
foll ows:
CARLSBAD 35.90 percent
V I STA 9.70 percent
BUENA 7.77 percent
SAN MARCOS 46.63 percent
Final adjustments to these percentages will be made after the INTERCEPT01
finally constructed and all costs are known.
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Article 4. PRE-CONSTRUCTION: The pre-construction work to
completed shall include, but not be limited to, the following tasks:
1. Preparation of an Environmental Impact Report (EIR) the projec
2. Revisions to the construction documents prepared by NE!
3. Acquisition of permits.
4.
5.
BRUDIN & STONE, INC. for Reaches 1 through 8 and 10.
Acquisition of easements and rights-of-way.
Admi ni strati on, mi scel 1 aneous engi neeri ng , and 1 egal tasks.
Since SAN MARCOS has already prepared an EIR and completed construc.
documents for Reaches 1 through 8 and Reach 10 for their original "1
Outfall Interceptor" Project, SAN MARCOS will not share in any additi(
costs for tasks 1 and 2.
Costs for tasks 1 and 2 shall be shared between the other three agenc
in accordance with their capacity ownership percentages (omitting SAN MAR(
for each reach so weighted and averaged to account for the construction (
of each reach. These computations are shown in Exhibit C and summarizec
follows:
CARLSBAD 67.27 percent
V I STA 18.18 percent
BUENA 14.55 percent
Final adjustments to these percentages will be made after the project
finally constructed and all costs are known.
Pre-construction costs shall be shared among the agencies in accord
with their capacity ownership as set forth in Article 3.
With the assistance of BUENA, CARLSBAD and VISTA, SAN MARCOS shall
any and all steps necessary to acquire easements of right-of-way for
project. In the event eminent domain proceedings are necessary, all PAR
agree to take any necessary legal proceedings required. All PARTIES agre
adopt any necessary resolutions connected with said legal proceedings.
cost of all such legal proceedings shall be borne in accordance with Article
Article 5. CONSTRUCTION: SAN MARCOS shall be the contracting age
shall administer the construction contract, in accordance with Divi sion
Water Code, State of California, and shall take any and all steps necessar
ensure the INTERCEPTOR is completed in accordance with the plans
specifications. Change orders or amendments to the approved plans
specifications affecting the costs to be paid by other PARTIES hereto may be
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authorized by SAM MARCOS on individual change orders of $25,000.00 or less,
to an aggregate of five (5%) percent of the INTERCEPTOR construction cos
without approval from the other affected PARTIES.
Article 6. COST ACCOUNT1 tJG (Pre-Construction and Constructic
SAN MARCOS shall keep and maintain proper books of account and records
which complete and current entries shall be made of all transactions.
For the construction contract of the project SAN MARCOS shall prepare
cause to be prepared a cash flow table. The cash flow tables shall be upde
quarterly to reflect any changes in the schedules or in anticipated costs,
shall reflect the capacity ownerships shown in Articles 3. Upon executior
"Notice to Proceed" of contract, all of the PARTIES hereto shall deposit 1
trust fund to be held by SAN MARCOS fifteen (15%) percent of each PAR
share of the estimated total construction costs as shown in initial cash .
table. SAN MARCOS shall then bill each of the PARTIES quarterly, in adv,
to insure that SAN MARCOS always has sufficient funds on hand to make tii
disbursements in the Administration of the project. VISTA, BUENA,
CARLSBAD shall pay such statements within a reasonable period thereafter.
MARCOS shall submit with each quarterly billing a copy of the updated (
flow table showing how each PARTY'S anticipated costs were established.
the event that SAN MARCOS borrows any monies in order to pay such cost:
they become due because of delay in required payments by any of the par
hereto, the costs of such borrowing shall be paid by the PARTY or PAR
causing such delay in proportion to the amount of their respective obligat
and the period of delay caused by each such PARTY.
SAN MARCOS shall invest all deposits made with it pursuant to
Agreement until needed for payment of the costs and all earnings thereon s
inure to the PARTIES hereto in proportion to the respective amounts cred
to them.
SAN MARCOS shall be strictly accountable to all PARTIES hereto for
funds received by it pursuant to this Agreement, and shall maintain and makt
available to the PARTIES hereto adequate records of all receipts
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. However, SAN MARCOS shall provide roi
maintenance and operation functions for the INTERCEPTOR in accordance
this Agreement. Costs of maintenance and operation shall be shared by the
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PARTIES hereto in proportion to their capacity ownerships, as set forth
Article 3.
Costs of expendables for all PARTIES, such as, but not limited to, pol
chemicals, etc., will be borne and paid by each of the PARTIES in a ratic
their flow to the total flow of wastewater transported through the INTERCEI
for each of the PARTIES for the preceding calendar year. Until such tine i
preceding calendar year is available, the period of time shall be
cumulative preceding months of operation. Costs of expendables benefit
less than all PARTIES shall be borne by the PARTY or PARTIES concerned.
SAN MARCOS shall bill VISTA, BUENA, and CARLSBAD periodically (but
less than annually) for that PARTY'S share of such costs and maintena
VISTA, BUENA, and CARLSBAD shall pay such statement within a reasonable pe
of time thereafter.
SAN MARCOS shall keep and maintain proper books of account and record
bvhich complete and current entries shall be made of all transactil
i ncl uding a1 1 receipts and disbursements , re1 ati ng to the admini strat
maintenance, operation, and repair of the INTERCEPTOR; VISTA, BUENA,
CARLSBAD shall have the right, at reasonable times, from time to time, du
regular business hours to inspect all such books and records to verify
statement rendered by SAN MARCOS to VISTA, BUENA, or CARLSBAD for cha
payable by those PARTIES to SAN MARCOS. SAN MARCOS shall utilize the "Uni
Accounting Program" of the State Control 1 er ' s office for thi s purpose.
It is acknowledged and agreed by the PARTIES that it is difficull
establ ish i n advance a detai 1 ed pl an for accounting and a1 1 ocation
operation and maintenance costs. Maintenance and operating costs shall
the necessary costs of mai ntai ni ng and operating the INTERCEPTOR basec
general ly accepted accounti ng pri nci pl es, i ncl udi ng , but not 1 imi ted
expenses necessary to maintain and preserve the INTERCEPTOR in good repair
working order, as well as insurance, taxes, administration, and any c
attributable to maintenance and operation.
Article 8. REPAIRS OR REPLACEMENT: Except in cases of emerg
repairs, prior to making any repairs to any part of the INTERCEPTOR in k
VISTA, BUENA, or CARLSBAD have capacity rights which are estimated to cos
excess of Ten Thousand Dollars, SAN MARCOS shall obtain prior approva'
VISTA, BUENA, and CARLSBAD for any such expenditures.
The expenses of repair shall be charged to each PARTY on the basi
capacity ownership in the reach involved, and shall be substanti ate(
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customary accounting procedures; and shall be paid by VISTA, BUENA,
CARLSBAD within a reasonable period of time provided, however, such CI
benefitting less than all PARTIES shall be borne by the PARTY or PAR
concerned.
The cost of replacing any portion of the INTERCEPTOR shall be alloc
on the basis of the capacity of ownership as set forth herein for
respective reach of the INTERCEPTOR being repl aced.
SAN MARCOS shall undertake any necessary repairs or replacement at
earl i est possi bl e date.
Article 9. METERS: VISTA, BUENA and SAN MARCOS shall main
meters to measure the flow of wastewater into the INTERCEPTOR. CARLSB
flow shall be determined by subtracting the sum of the flows from VI
BUENA, and SAH MaRCOS from the total flows measured by the Palomar Pars
flume meter at the headworks of the Encina Water Pollution Control Facilitie
Each PARTY shall bear the full cost of the meter and appurtena
installed for the use of that PARTY in measuring the amount of wastew
di scharge into the INTERCEPTOR.
Article 10. PROHIBITION OF TOXIC MATERIALS: Each PARTY agrees
adopt and enforce on a continuing basis regulations prohibiting the disch
of toxic materials to the Encina Water Pollution Control Facilities.
Each PARTY agrees to enforce rules and regulations relative to
discharge of sewage and wastewater to the INTERCEPTOR to insure that anyt
introduced into the INTERCEPTOR is consistent with the Encina NPDES disch
permi t.
Any PARTY failing to comply with the provisions of this Article shall
any costs directly or indirectly resulting therefrom, i ncl udi ng the cos
ascertaining and establishing that such violation did occur as well as
fines, penalties, engineering, accounting, administrative and legal costs
we1 1 as any resulting increased operating, maintenance and repl acemen.
repair costs that are incurred.
shall indemnify, assume the defense of, and hold free and harmless, VI
BUENA, and CARLSBAD, their officers, directors, agents and employees froa
and all obligations, liabilities, liens, claims, demands, losses, damages
expenses, of whatever type or nature, including, but not limited
attorney's fees and all litigation costs arising out of SAN MARCOS'S operi
or maintenance of the INTERCEPTOR or any other act or omission to act bs
Article 11. INDEMNITY OF VISTA, BUENA, AND CARLSBAD: SAN FV
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MARCOS, its agents, servants, empl oyees, invi tees, or independent contracl
re1 ati ng to the operati on and mai ntenance of the INTERCEPTOR.
Notwithstanding , the foregoing, the i ndemni ty agreement created by 1
Article shall not indemnify VISTA, BUENA, or CARLSBAD, their directors, agf
or employees against any liability arising from the negligence or wil'
misconduct of VISTA, BUENA, or CARLSBAD, their officers, directors, age!
empl oyees or i ndependent contractors.
Article 12. SAN WRCOS TO MAINTAIN INSURANCE: SAN MARCOS SI
maintain in force, beginning with the completion of the construction
extending through the full period of this Agreement, a full comprehen:
pub1 i c 1 i abil i ty and property damage i nsurance pol icy i nsuri ng agai nst any
all claims for injuries or death of persons or damage to property occuri
in, upon, or about the property subject to this Agreement.
The insurance contract shall have limits of not less than $l,OOO,OO(
single-1 imit coverage; VISTA, BUENA, and CARLSBAD, their officers, directc
agents and employees, shall be listed as named insureds, and it shall pro'
for at least forty-five (45) days notice of cancellation or modificatior
coverage or limits. Said insurance shall be included as an operating
maintenance expense as provided in Article 7.
Article 13. NOTICES: Notices which any PARTY is required to give
desires to give hereunder may be served upon another PARTY by person
delivering a copy thereof, or by mailing any such notice by certified nl
return receipt requested, postage prepaid, addressed as follows:
CITY OF CARLSBAD 1200 Elm Avenue Carl sbad, Cal i forni a
VISTA SANITATION DISTRICT P.O. Box 1988 Vi sta, Cal ifornia 92083
BUENA SANITATION DISTRICT c/o Department of Public Works (0384) County of San Diego County Operations Center 5555 Over1 and Avenue San Diego, California 92123
SAN MARCOS COUNTY WATER DISTRICT 788 West San Marcos Boulevard San Marcos, Cal i forni a 92069
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Any PARTY may from time to time designate a different address for no.
by notifying the other PARTIES; any notice mailed by regular mail shall be
deemed received by the PARTY to whom such notice is addressed on the datc
the return receipt.
be altered in whole or in part except by modification in writing, execute(
all PARTIES to this Agreement.
Article 15. ATTORNEY'S FEES: In the event any litigation in lab
in equity, including action for declaratory relief, is brought to enforcf
interpret the provisions or performance of this Agreement, the prevai'
PARTY shall be entitled to the award of a reasonable attorney's fee and
costs of the proceeding, which shall be determined by the Court or
presiding officer having authority to make this determination.
If any PARTY to this Agreement becomes a party to any litigat.
concerning the enforcement or interpretation of the provisions of
Agreement or the Performance of this Agreement by reason of any act
omission of the other PARTY or authorized representatives of another PART!
this Agreement and not by any act or omission of its author
representatives, the PARTY that causes the other PARTY to become involve(
the proceeding shall be liable to that PARTY for reasonable attorney's
and costs of the proceeding incurred by that PARTY in the proceeding.
award of reasonable attorney's fees and costs shall be determined as prov
above.
In the event opposing PARTIES have each prevailed on one or more ca
of action actually contested or admitted by pleadings or pre-hearing documl
on file, the presiding officer shall make an award of attorney's fees
costs, but the presiding officer may prorate such fees and costs bet
prevailing PARTIES based on the necessity of the proceeding and the import
of the issue upon which each PARTY has prevailed.
Article 16. ENTIRE AGREEMENT: This Agreement, together with
Exhibits hereto, contains a1 1 representations and the entire understan
between the PARTIES with respect to the subject matter of this Agreement.
prior correspondence, memoranda or agreements are rep1 aced in total by
Agreement and Exhibits hereto.
Article 17. ASSIGNMENT: No PARTY to this Agreement shall
entitled to assign all or any portion of their rights or obligations conta
in this Agreement without obtaining the prior written consent of the other
Article 14. AMENDMENTS TO THIS AGREEMENT: This Agreement may
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PARTIES.
this Agreement.
benefit of and be binding upon PARTIES hereto and their respective success0
heirs, and assigns.
Article 19. APPLICABLE LA!.I: This Agreement and any dispu
relating to this Agreement shall be construed under the law of the State
California.
covenants of thi s Agreement shoul d be construed , wherever possi b? e, consi st
with applicable laws and regulations.
To the extent that any provision of the Agreement violates any applica
law or regulation, the remaining provisions shall nevertheless be carried i
full force and effect and remain enforceable.
Article 27. VENUE: For the purpose of litigation or arbitrat.?
venue shall lie in the North County Judicial District, County of San Die
State of California, or, if such venue cannot be exercised, in the Federal
State Court nearest to the North Co~lntjl Judicial District, County of San Die<
performed in the North County Judicial District, County of San Diego, State
California, and consists of 23 pages (including Exhibits), and shall conti
in effect until terminated by ntitual agreement of the PARTIES.
Article 23. SIGNATURE AND SEALS: Thi s Agreement shall be ef fecl
on and from the day and year first above written.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
ATTEST: CITY OF CARLSBAD
This shall not apply to successor agencies which are also PARTIES
Article 18. - B I N DI NG EFFECT : This Agreement shall inure to
Article 20. U El E !IF0 RC E AB L E P ROV I S I 0 El S : The terms, conditions,
Article 22. TERM: This AgrEenent is executed and is to
,LJL -4. PdG BY 54 L, d: &L&4Lt Mayor City Clerk
ATTEST:
8 --* * i~,,,,, F. ;:&ay, Secretary
ATTEST:
Secretary Chai rman
,-
BUENA SANITATION DISTRICT
Clerk of the Board of Directors -1 0-
0 0
PARTIES.
thi s Agreement.
benefit of and be binding upon PARTIES hereto and their respective successo
heirs, and assigns.
Article 19. APPLICABLE LAW: This Agreement and any dispu
relating to this Agreement shall be construed under the laws of the State
California.
covenants of thi s Agreement should be construed, wherever possible, consist
wi th appl icabl e 1 aws and regulations.
To the extent that any provision of the Agreement violates any applica
law or regulation, the remaining provisions shall nevertheless be carried i
full force and effect and remain enforceable.
Article 21. VENUE: For the purpose of litigation or arbitrati
venue shall lie in the North County Judicial District, County of San Die
State of California, or, if such venue cannot be exercised, in the Federal
State Court nearest to the North County Judicial District, County of San Dieg
performed in the North County Judicial District, County of San Diego, State
California, and consists of 23 pages (including Exhibits), and shall conti
in effect until terminated by mutual agreement of the PARTIES.
Articl e 23. SIGNATURE AND SEALS: This Agreement shall be effect
on and from the day and year first above written.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
This shall not apply to successor agencies which are also PARTIES
Article 18. BINDING EFFECT: This Agreement shall inure to
Article 20. UNENFORCEABLE PROVISIONS: The terms, conditions,
Article 22. TERM: This Agreement is executed and is to
ATTEST : CITY OF CARLSBAD
BY City Clerk Mayor
ATTEST: SAN MARCOS COUNTY WAT R DISTRICI 62&A James F. McKay, Secretary
ATTEST: VISTA SANITATION DISTRICT
r, President
Secretary Chairman
BUENA SANITATION DISTRICT
Clerk of the Board of Directors -1 0-
0 0
* PARTIES- This shall not apply to successor agencies which are also PART11
this Agreement,
Article 18. BINDING EFFECT: This Agreement shall inure to
benefit of and be binding upon PARTIES hereto and their respective succes!
heirs, and assigns.
Article 19. APPLICABLE LAW: This Agreement and any disl
relating to this Agreement shall be construed under the laws of the Stai
California.
Article 20. U N E XFO RCE ABL E P ROV I S I ON S : The term, conditions,
covenants of thi s Agreement shoul d be construed, wherever possible, consi
with applicable laws and regulations.
To the extent that any provision of the Agreement violates any applii
1 aw or regul ation, the remai ni rig provisions shall nevertheless be carried
full force and effect and remain enforceable.
Article 21. VENUE: For the purpose of litigation or arbitra
venue shall lie in the North County Judicial District, County of San D
State of California, or, if such venue cannot be exercised, in the Federi
State Court nearest to the fiorth County Judicial District, County of San Di
Article 22. TERM: This Agreement is executed and is tc
performed in the North County Judicial District, County of San Diego, Sta
California, ind consists of 23 pages (including Exhibits), and shall con
in effect until terminated by mutual agreement of the PARTIESo
Article 23. SIGNATURE AtlD SEALS: This Agreement shall be effe
on and from the day and year first above written,
It4 NITNESS WHEREOF, we have hereunto set our hands and seals.
ATTEST: CITY QF CARLSBAD .
tity Clerk Mayor
ATTEST:
fr"
.
BY
SAN MARCOS COUNTY WATER DISTRI
Jaxs F, McKzy, Secretary Sxanley A, Mahr, President
?'
' ?'
Clerk of the Board of Director * * 'i ,. 2
-1 0-
\I- 0 0
*.)
PARTIES-
thi s Agreement.
benefit of and be binding upon PARTIES herclto and their respective SUCC~SS~
heirs, and assigns.
Article 19. APPLICABLE LA’II: This Agreement and any dispi
relating to this Agreement shall b2 construed under the laws of the Statc
Cal i f orni a.
covenants of this Agreement shoul d be construed, wherever possible, consis
wjth applicable laws and regulations.
To the extent that any provision of the Agreement violates any applicl
1 aw or regul ati m, the remai ni ng provi si ons shall neverthel ess be carried
full force and effect and remain enforceable.
Article 21. VEt-IUE: For the purpose of litigation or arbitrat
venue shall lie in the North Comty Judicial District, County of San Di
State of California, or, if such venue cannot be exercised, in the Federa’
State Court nearest to the North County Jirtifcial District., County of San Die
Article 22. TERM: This Agrement is executed and is to
performed in the North County Judicial District, County of San Diego, Stat
California, and consists of 23 pages (including Exhibits), and shall cont
in effect until terminated by mutual agreement of the PARTIES.
Article 23. SIGNATURE AND SEALS: This Agreement shall be effec
on and from the day and year first above written.
IN WITNESS WHEREOF, we have hereunto s2t our hands and seals.
ATTEST : C I TY OF CARLSBAD
This shall not apply to successor agencies which are also PARTIE:
Article 18. 6 I N D I M G EFFECT : This Agreement shall inure to
Article 20. UNEWORCEABLE PROVIS1O:lS: The terms, conditions,
BY City C1 erk Mayor
ATTEST :
3arnss F. i+%sy, Secretiry
ATTEST:
Secretary APPROVED BY THE Chairman
DISTR!O BOARD OF DIREflQRC BUE SANITATION DISTRICT
.1 SEP 2 0 i983+h4-
erK of the Board of Directors &k&@d -10- gh-
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3
2
3
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RESOLUTION NO. 7521
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING AMENDMENT NO. 2 BETWEEN THE CITY, THE CITY OF VISTA, THE BUENA SANITATION DISTRICT AND THE SAN MARCOS COUNTY WATER DISTRICT, KNOWN AS THE PALOMAR JOINT LAND
OUTFALL INTERCEPTOR INTERAGENCY AGREEMENT FOR THE CONSTRUCTION AND MAINTENANCE OF A JOINT SEWER LINE AND FACILITES.
WHEREAS, the City Council of the City of Carlsbad, California appr
the above titled Basic Agreement and Amendment No. 1 to the Agreement o
October 11, 1983 and;
WHEREAS, the San Marcos County Water District has requested a modi
to the First Amendment because of an error in allocating costs of the o
portion of the outfall line;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
as follows:
1. Article 5 Construction, Paragraph b) of Article 5 as contained
Amendment 1 is deleted entirely.
2. New Paragraphs b) and c) and Table I1 are added to Article 5 a i contained in Amendment 1 to read as follows:
Cost of construction for Reaches 1 through 10 inclusive, exclu 1 Reach 9, (Palomar Joint Land Outfall Interceptor) shall be borne as fol
b) I
SAN MARCOS shall bear the total cost of construction for the
Reaches of the Palomar Joint Land Outfall Interceptor which
are included within the Land Outfall Interceptor for State
Water Resources Control Board Project No. C-06-1571-100
(Project No. C-06-1571-100).
For the cost of oversizing, each party shall bear the cost of I
struction for the differences between the cost of Project No. C-06-1571-
the cost as actually constructed for each reach in proportion to the Pe.
c)
1
2
3
4
5
r
9
10
11
12
l3
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15
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* e
as shown on Table 11.
TABLE I1
OVERSIZE COST PERCENTAGES
San Marcos -- Reach' Carlsbad Vista Buena
1 61.69% 11.34% 9.09% 17.88%
2 61.02% 11.53% 9.25% 18.20%
63 58.28% 12.35% 9.90% 19.47%
4 52.69% 14.00% 11.23% 22.08% 75 52.46% 14.07% 11.28% 22.19%
22.23% 6 52.37% 14.09% 11.31%
87 38.91% 18.07% 14.50% 28.52%
8 36.93% 18.66% 14.97% 29.44% 9 Intentionally Omitted
10 41.47% - - 58.53%
'See Exhibit A for location and definition of each reach.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Coun
of the City of Carlsbad held the 6th day of March , 1984, by
following vote, to wit:
AYES:
NOES: None
ABSENT : None
Council &Ithers Casler, Lewis, Kulchin, Chick and Prescott
r / ,':
/I. e&. J &, - (1 I ($ LW-by
MARY H. dSLER, Mayor
ATTEST:
(5b?C&L/fl&
ALETHA L. RAUTENKRANZ, City Clerk '
(SEAL)
-2-
3.
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9i
RESOLUTION NO. 7371
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD, THE VISTA SANITATION
DISTRICT, THE BUENA SANITATION DISTRICT, AND THE
SAN MARCOS COUNTY WATER DISTRICT, KNOWN AS PALOMAR
JOINT LAND OUTFALL INTERCEPTOR INTERAGENCY AGREEMENT
FOR THE CONSTRUCTION AND MAINTENANCE OF A JOINT
SEWER LINE AND FACILITIES.
The City Council of the City of Carlsbad, California, does
hereby resolve as follows:
1. That certain agreement between the City of Carlsbad, the
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Amendment One to said agreement, copies of which are attached
hereto and incorporated herein by reference, are hereby approved.
2. The Mayor of the City of Carlsbad is hereby authorized
and directed to execute said agreement and Amendment One thereto
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