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HomeMy WebLinkAbout1973-12-04; City Council; 2237; Seventh Supplement to Basic Joint Sewer AgreementAgenda Bill *o._ Referred To: ^Date December k, 1973 f / ^ ' Subject : Seventh Supplement to the Bas.ic Joint Sewer Agreement Submi tted By: Acting Public Works Director- Statement of the Matter A draft agreement was approved on November 21, 1973 by the Joint Advisory Committee with the recommendation that it be executed by each of the Owner Agencies. Generally, the Seventh Supplement provides for Phase III expansion of Unit I authorizing Vista as the administrator of the joint project to contract with Brown & Caldwell, Consulting Engineers, for engineering services." Exhibit A"Seventh Supplement to Basic Joint Sewer Agreement Staff Recommendations to the City Manager Adopt a motion authorizing the City Clerk and Mayor to execute attached Seventh Supplement on behalf of the City. AB No.Date: December 4, 1973 City Manager's Recommendation This office concurs with the staff recommendation. The • Council, should be advised that all agencies involved may not agree to this 7th supplement.since they feel that all •questions rel-atvng to ownership should be resolved prior to proceeding with the engineering for Phase III expansion Council Action 12-4-73. The matter was continued to December 18, 1973. 1 i 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 20 21 22 23 24 SEVENTH SUPPLEMENT TO BASIC -AGREEMENT TO PROVIDE FOR ENGINEERING SERVICES FOR PHASE III EXPANSION OF ENCINA WATER POLLUTION CONTROL FACILITY. 7 ' This Seventh Supplement to Basic Agreement is made and entered into as of the 1st day of July 1973, by and among: VISTA SANITATION DISTRICT ("Vista"), a county sanitation district whose governing board is the City Council of the City of Vista; CITY OF CARLSBAD ("Carlsbad"), a municipal corporation; BUENA SANITATION DISTRICT ("Buena"), a county sanitation district whose governing board is the Board of Supervisors of San Diego County; SAN MARCOS COUNTY WATER DISTRICT ("San Marcos"), a county water district; 19 LEUCADIA COUNTY WATER DISTRICT ("Leucadia"), a county water district; and ENCINITAS SANITARY DISTRICT ("Encinitas"), a sanitary district. RECITALS 25 | A. Vista, Carlsbad, Buena and San Marcos own and operate 26 i a Joint Sewer System, including the Encina Water Pollution 27 28 Control Facility and Ocean Outfall (and related facilities) !• * ' . ' pursuant to the following agreements: EXHIBIT "A" C1 2 3 4 5 6! 7 8.1 9 10 i! 11 12 13 14 15 16 17 18 191 20 21 i 22 23 i 24 25 26 27 28! (1) July 13, 1961 (2) March 25, 1963 (3) January 6, 1964 (4) January 6, 1964 (5) Sept. 14, 1964 (6) March 8, 1965 DATE TITLE Basic Agreement Between Vista Sanitation District and the City of Carlsbad for Acquisition and Construction of a Joint Sewer System ("Basic Agreement") First Supplement to Basic Agreement, Authorizing Vista to Apply For Federal Grants Second Supplement to Basic Agreement Be- tween Vista Sanitation District,and the City of Carlsbad for Acquisition and Construction of the Joint Sewer System Supplemental Agreement (No. 1) to Basic Agreement Between Vista Sanitation District and City of Carlsbad for Acquisition and Construction of Joint System, For Purpose of Allocating Funds Received from Federal Government First Amendment to Basic Agreement Be- tween Vista Sanitation District and the City of Carlsbad for Acquisition and Construction of a Joint Sewer System . Second Amendment to Basic Agreement Be- tween Vista Sanitation District and the City of Carlsbad for Acquisition and Construction of a Joint Sewer System Third Supplement to Basic Agreement Be- tween Vista Sanitation District and the City of Carlsbad for Acquisition and Construction of a Joint Sewer System ("Third Supplement") Agreement between County of San Diego, and City of Carlsbad, Vista Sanitation District and Buena Sanitation District For the Operation of the Joint System Agreement Between Buena Sanitation Dis- trict and City of Carlsbad for Lease by Carlsbad of Capacity in the Encina Out- fall of the Buena Sanitation District, For Lease by Buena to Carlsbad of Desig- nated Capacity in the Encina Outfall (10) June 19, 1967 Agreement Between Buena Sanitation Distrii and San Marcos County Water District for Lease by San Marcos of Capacity in Buena Sanitation District's Encina Outfall Sewer Line •2- (7) March 22, 1965 (8) August 3, 1965 (9) June 20, 1966 1 I j 4 5 6 9 10 11 12 13 15 16 17 19 20 21 22 DATE TITLE 2 ! (11) January 1, 1970 Fourth Supplement to Basic Agreement Be- tween Vista Sanitation District, City of Carlsbad, Buena Sanitation District and San Marcos County Water District re Con- struction of an Enlargement to the Encin Water Pollution Control Facilities of th Joint System, Authorizing Vista to Apply For and Receive and Disburse Federal Grant (12) July 7, 1970 Agreement for Interim Connection by Leucadia County Water District81 -'ir ' " '(13) December 1, 1970 Agreement Between County of San Diego and Vista, Carlsbad, Buena and San Marco for Legal Services (14) Feb. 16, 1971 Supplement to Agreement for Interim Con- nection by Leucadia County Water District (15) August 17, 1971 Fifth Supplement to Basic Agreement to Provide for Participation by LeucadiaiCounty Water District and Encinitas Sanitary District ("Fifth Supplement")14 (16) August 17, 1971 Third Amendment to Basic Agreement Be- tween Vista Sanitation District and City of Carlsbad for Acquisition and Construc- tion of Joint Sewer System (17) July 5, 1972 Agreement for Temporary Connection by City of Oceanside 18 (18) October 3, 1973 Sixth Supplement to Basic Agreement to Provide for Interim Expansion of Encina Water Pollution Control Facility ("Sixth Supplement") I B. An expansion of the Encina Water Pollution Control Facility I ii (unit I) and of Ocean Outfall (Unit J), known as Phase II Expansion ji 24 ; js currently under construction providing for an increase in the 25| 26 | 27 I 28 capacity of such Unit I of 3 MGD, from 6.75 MGD to 9.75 MGD, and a further expansion of .Unit I, known as Phase IIA, of an additional 4 MGD from 9.75 MGD to 13.75 MGD has been provided for and will soon be commenced. -3-' 1! c o C. A further expansion of Unit I, known as Phase III, planned to be commenced in 1975, is necessary to meet future - 3 j flowage demands of the parties hereto, and environmental pro- !J 4 tection requirements of applicable regulatory bodies. 5 D. It is necessary to contract for engineering services to plan and design the Phase III Expansion. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E. This Seventh Supplement to Basic Agreement is made pur- suant to the provisions of Article 1, Chapter 5, Division 7, Title 1, of the Government Code of the State of California (commencing with Section 6500), relating to the joint exercise of powers common to public agencies; in this case being Vista, Carlsbad, Buena, San Marcos, Leucadia and Encinitas, each of which is authorized to contract with the others pursuant thereto. NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES AND MUTUAL COVENANTS AND AGREEMENTS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS: 1 2 6 7 8 10 11 12 13 c Section 1. Phase III Expansion of Unit I The Encina Water Pollution Control Facility shall be expanded and improved to meet future flowage demands of the parties hereto, and environmental protection requirements of applicable regulatory bodies. Section 2. Joint Project The Phase III Expansion of Unit I shall be a joint project of Vista, Carlsbad, Buena, San Marcos, Leucadia and Encinitas. Vista is hereby appointed as the administrator of the joint project and is hereby authorized to contract with Brown & Caldwell, Consulting Engineers, for engineering services as hereinafter provided, and | to prepare and file on behalf of the parties appropriate applica- I tions and other documents for approval of the joint project and possible grants in aid under state and federal laws and regulations, | Vista shall also cause to be prepared by such contract for engineer-l- ing services, the environmental impact report for the Phase III Ex- pansion as the lead agency, pursuant to the provisions of Section 21165 of the Public Resources Code of the State of California. In acting as administrator and agent, Vista shall exercise the powers conferred upon it by this Agreement in the manner prescribed for it by all laws and regulations, federal, state and district, which govern it in the exercise of the powers conferred upon it as a ! 24 I county sanitation district by law. 25 26 27 28 The engineering services to be furnished by Brown & Caldwell pursuant to the contract authorized hereunder shall include the following: (1) Preliminary engineering ; — 5 — 3 c o (2) Preparation of a project report, including sewer system infiltration and inflow analysis; (3) Preparation of an environmental impact report, including ' I4 t| public hearing and any supplemental reports as may be 5 |i required; 6 (4) Development of a revenue program and financial plan; and 7 if the former are approved by the Joint Advisory Committee, then 8 in addition: i •9i (5) Design services, including preparation of plans and 10 ! specifications and office engineering during construc-i] 11 jj tion; 12 13 14 15 16 17 18 (6) Preparation of operation and maintenance manuals; and (7) Miscellaneous engineering services. Section 4. Payment for Cost of Engineering Services The parties hereto shall advance to Vista the costs of such engineering services contracted for by Vista as provided herein, in the following proportions: Vista, 29.46%;. Carlsbad, 24.95%; Buena, 4.51%; San Marcos, 17.45%; Leucadia, 16.36%; and Encinitas, 7.27%. 19 ii However, the ultimate liability of each of the parties hereto for i 20 ' the costs of such engineering services shall be determined by a 21 later agreement among such parties, and in the absence thereof, 22 shall be equal to the amount each is obligated to advance to Vista 23 ] as provided for herein. Each party hereto shall pay to Vista, asii 24 | administrator, for such engineering services upon written demands i 25 forwarded to them by Vista. Such demands will be forwarded and 26 such payments shall be made at such times as will enable Vista to ii . 27 |l pay for the costs of such services in accordance with the contract 28 with Brown & Caldwell. Vista shall be strictly accountable to all - 6 - 4 5 6 8 9 10 11 12 13 14 15 i j the parties hereto for all funds received by it pursuant to this I j Agreement, and shall maintain adequate records of all receipts and | disbursements pursuant hereto. Section 5. Coijnterparts. This Agreement may be executed in counterparts, and upon execution thereof by all of the parties set forth on Page 1 hereof, each such counterpart shall be deemed to be an original. IN WITNESS WHEREOF, each party hereto has caused this Seventh Supplement to Basic Agreement to be signed by its respect- ive officials heretofore duly authorized by the legislative bodies th ereof. ••''••.' Approved by Resolution No. VISTA - SANITATION DISTRICT 16 |j on 17 1973. By Chairman 18" 19 20 22 23 24 25 26) // 27 j! " 28 I // 7 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 181 19 Ji 20 21 22 23 24 25 26 27 28 Approved by Resolution No. on , T973T Approved by Resolution No. on , 1973. Approved by Resolution No. on __, 1973. Approved by Resolution No. on . , T973. Approved by Resolution No. on , 1973. ~~ o CITY OF CARLSBAD By:Mayor BUEN.A SANITATION DISTRICT By: Clerk Board of Supervisors SAN MARCOS COUNTY WATER DISTRICT By:President By:Secretary LEUCADIA COUNTY WATER DISTRICT By:President By:Secretary ENCINITAS SANITARY DISTRICT By: By: President Secretary - 8 -