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HomeMy WebLinkAbout1983-10-11; City Council; 7524; Palomar Joint land outfall interceptorr d w > 0 DL a a a .. z 0 5 s 8 a z 3 4B# 7524 HTG. 10/11/83 IEPT. ENG CITY-jF CARLSBAD - AGENDA- ILL TITLE: PALOMAR JOINT LAW OUTFALL INTERCEPTOR INTEEAGENCY AGREEMENT DEPT. HD.- CITY ATTYM-, I\ RECOMMENDED ACTION: Adopt Resolution No. -7371 accepting the Palomar Joint Land Outfall Interceptor Interagency Agreement and Amendment One to the Agreement, and authorizing the Mayor to sign on behalf of the City. ITEM EXPLANATION: The City of Carlsbad has purchased capacity in the Buena Trunk Line to serve a limited area north and south of Palomar Airport Road. This line is now near its capacity limits. Koll, Signal Landmark, Huntington Beach Properties, Carlsbad Oaks, Carillo Ranch and the Bressi Properties. Additional capacity is required to serve developments such as The San Elarcos County Water District had leased capacity from Buena in the same trunk line. a new outfall line. ?larcos to oversize the line San Marcos must construct. San Marcos has received bids 011 their project with alternative costs for the proposed oversizing. If agreement is reached between the agencies, construction on this project could start in early 1984 and be finished by mid 1985. The attached interagency agreement deals with the capacity ownership and responsibilities of the various participants. San Marcos is to be the lead agency responsible for construction, operation and maintenance. establishes the method of cost accounting and project payment during the course of construction and the cost share basis for operation and maintenance of the line once completed. That lease has expired and San Plarcos has a State grant to construct Carlsbad, Vista and Buena have enacted an agreement with San The agreement also Amendment Che clarifies an issue not 'clearly stated in the original agreement, that being that San Marcos shall bear the full cost for construction of a line sized to meet their needs and that the cost borne by the other agencies will be their respective shares of the cost of oversizing San Marcos' line. have agreed to this, Amendment One states the understanding and commits it to writing. be the first agency to sign Amendment One. All parties All agencies, except Carlsbad, have signed the agreement, Carlsbad will FISCAL IMPACT: The Council appropriated $756,760 in the 1983-84 Capital Improvement Budget to finance Carlsbad's share of the project. The City's share of the construction contract is estimated to be $627,000. In addition, the City will be obligated for about 36% of the preconstruction cost, right-of-way acquisition costs, permits and contract adninistration costs that will be incurred. not been fixed as yet. This amount has EXHIBITS : 1. Location Map. 2. Resolution N0.7371 accepting the Palomar Joint Land Outfall Interceptor Agreement and Amendment One (both attached.) . .- .- . I , '\ I \, 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 28 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 Vista Sanitation District, the Buena Santitation 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-use sewer line and facilities, and 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 for and on behalf of the City of Carlsbad. This approval is conditioned upon acceptance of Amendment One by all other agencies which are party to said agreement. // // // // // // // // 2 3 4 5 6 7 a 9 16 17 18 19 20 22 24 25 26 27 28 dj urn& PASSED, APPROVED AND ADOPTED at a Rgu?lar meeting of the City Council of the City of Carlsbad held the 11th day of wwr , 1983, by the following vote, to wit: AYES: Council N9mbe.r~ Casler, Lewis, Kulchin, Chick and Prescott NOES: None ABSENT: None yk4'4 J MARY H. CPSLER, Mayor ATTEST : (SEAL) 1 PALO:,iAR JOI. t!T LAND OUTFALL IIJTERCEPTOR I t,I T E 2AG E NC Y A G K E E b1E ll T THIS AGREEMENT is made and entered into this d aY of by and between the CITY OF CARLSBAD (CARLSBAD) , the SAN IWRCOS COUllTY !JATER DISTRICT (SAN MARCOS), the VISTA SANITATION DISTRICT (VISTA), and the BUENA SANITATION DISTRICT (BUENA), collectively referred to as PARTIES. REC I TAtS : WHEREAS, SAIJ PlARCOS and BUENA entered into an agreement dated June 19, 1967, for lease of capacity by SAN MARCOS in BUENA SANITATION DISTRICT'S ENCIIJA OUTFALL SEPIER LINE (BUEFIA LINE), this agreement expired July 1, 1978; and WHEREAS, SAN tlARCOS and BUENA entered into a second agreement for lease of capacity by SAN MARCOS in the BUENA LIFJE for the period of July 1, 1978, through July 1, i981; and WHEREAS, this second lease agreement was subsequently anend i to extend an additional year to July 1, 1982; and !MEREAS, SAN I4ARCOS, the DAO:J CORPORATION, and BUENA entered into a third agreement for lease of capacity by SAN i4ARCOS in the BUENA LINE for the period of July 1, 1982 through January 1, 1984, (the estimated operational date for th2 then proposed San Marcos Outfall Sewer Line to the Encina Treatment Plant or the Meadowlark Water Reclamation Facility for use by SAtl MRCOS); and IJHEREAS, on June 20, 1966, BUENA and CARLSBAD entered into an agreement for lease of capacity in the BUENA LINE; and NHEREAS, on December 15, 1981, BUENA and CARLSGAD rescinded the aforementioned agreenent and entered into a new agreement entitled "AGREEMENT BETbI'EEN THE BUEFJA SANITATION DISTRICT AHD THE CITY OF CARLSBAD FOR THE LEASE OF CAPACITY IN THE ENCItlA OUTFALL, the B'JENA LINE, the period of this lease extends to July 1, 1996; and ~J,~LKLAJ, beczuse of '_~SSLI leases of c27acity to SAN IwlARCOS and CARLSBAD, and because of continaed increase in sewag? from SAtJ IdARCOS, CARLSBAD, and BUEIIA, the GUENA LINE has alriost reached its capacity; and LIHEREAS, VISTA desi res to obtai n sewage transmi ssi on capacity to the Enci na \later Pol 1 ution Control Facil i ties to serve the devel opinent in VISTA'S service area, known as Raceway Basin area; and s -m r . I- -1- WHEREAS, CARLSBAD desires to obtain additional sewage transmission capacity to the Encina lJater Pollution Control Facilities to serve in the developments in the south and central CARLSBAD service area; and WHEREAS, BUENA desires to obtain additional sewage transmission capacity to the Encina Water Pollution Control Facilities to serve developments in the BUENA 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 No. 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 millions of gallons per day 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 P1 ans and Specifications prepared by Neste, Brudin and Stone, Civil Engineers, dated August 23, 1983, on a reach-by-reach basis as shown in Exhibit "A" and as set forth in this Agreement and hereinafter call ed "I:4TERCEPTOR"; and WHEREAS, PARTIES are enterjng 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 facil i ties; COVENANTS tJ0W THEREFORE, incorporating recitals of facts above, the PARTIES hereto agree as follows: Article 1. OWNER: SAN MARCOS shall be the owner and shall be responsible for the preparation of the contract documents, the envi ronnental impact report for SAN MARCOS, the Coastal Comniission permits, all other permi ts, property acqui si ti on and easements, supervi si on of construction, cp~~ation and maintenance of the INTERCEPTOR, and for the fiscal management of the INTERCEPTOR. Assistance from other agencies shall be provided to facilitate the process upon request by SAN f4ARCOS. Article 2. OIIN ER I S RESPONS IB I LIT1 ES : SAN MARCOS shall di 1 i gently and faithful ly pursue a1 1 the foregoing responsi bi 1 i ties knowing -2- that time is of the essence for construction of the INTERCEPTOR to relieve the surcharging in the BUENA LINE. ARTICLE 3. CAPACITY OWHERSHIP: The ownership of capacity in each reach of the INTERCEPTOR is shown in the calculations in Exhibit "B" and summarized in Table 1. TABLE I CAPACITY OWNERSHIP PERCENTAGES Reach1 Carl sbad Vi sta Buena x MGD - % MGF No. - - -- MGD % - 1 2 3 4 5 6 7 8 10 20.35 45.13 19.79 44.44 17.66 41.65 14.08 36.27 13.95 36.06 13.90 35.97 8.05 24.55 7.40 23.02 4.18 18.85 3.74 8.29 3.00 6.65 3.74 8.40 3.00 6.74 3.74 8.82 3.00 7.07 3.74 9.63 3.00 7.73 3.74 9.67 3.00 7.75 3.74 9.68 3.00 7.76 3.74 11.44 3.00 9.15 3.74 11.64 3.00 9.33 3.74 - 3 .OO - San Marcos MGD z - 18.00 35.93 18.00 40.42 18.00 42.46 18.00 46.37 18.00 46.52 18.00 46.59 18.00 54.86 18.00 56.01 18.00 81.15 'See Exhibit A for location and definition of each reach. The final maximum peak flow capacity for each agency will be determined by applying these percentages to the particular reach running full as finally constructed. For purposes of di stri buti ng costs, other than di rect costs for the reaches, the costs shall be shared by all four agencies in accordance with their capacity ownership, for each reach and for the construction cost of each reach. These computations are shown in Exhibit "B" and are summarized as follows: CARL S BAD 35.90 percent V I STA 9.70 percent. BLJENA 7.77 percent SAN PlARCOS 46.63 percent Final adjustments to these percentages wi 11 be made after the INTERCEPTOR i s finally constructed and all costs are known. Article 4. PRE-CONSTRUCTION: The pre-construction work to be 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 prepared by NESTE, 3. Acquisition of permits. 4. 5. Administration, miscellaneous engineering, and legal tasks. BRUDIN & STONE, INC. for Reaches 1 through 8 and 10. Acquisition of easements and rights-of-way. Since SAN PIARCOS has a1 ready prepared an EIR and completed construction documents for Reaches 1 through 8 and Reach 10 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 the other three agencies i n accordance with their capacity ownership percentages (oni tti ng SAN MARCOS) for each reach so weighted and averaged to account for the construction cost of each reach. These computations are shown in Exhibit C and sunimarized as fol 1 ows: CARLS3A3 67.27 percent V I STA 18.1s percent BUENA 14.55 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 BUENA, CARLSBAD and VISTA, SAN MARCOS shall take any and all steps necessary to acquire easements of right-of-way for the project. In the 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 wi th said 1 egal proceedi ngs. The cost of all such legal proceedings shall be borne in accordance with Article 3. Article 5. CONSTRUCTION: SAN !4ARCOS shall be the contracting agency, sha? I admi ni ster the construction contract, i n accordance wi th Di vi si on 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 anendmnts to the approved plans and specifications affecting the costs to be paid by other PARTIES hereto may be -4- I authorized by SAN MARCOS on individual to an aggregate of five (5%) percent change orders of $25,000.00 or less, up of the INTERCEPTOR construction costs, without approval from the other affected PARTIES. Con s t ruc t i on ) : SAN MARCOS shall keep and maintain proper books of account and records in which complete and current entries shall be made of all transactions. 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 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 (15%) percent of each PARTY'S share of the estimated total construction costs as shown in initial cash flow table. SAtJ 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, BUENA, and CARLSBAD shall pay such statements wi thi n a reasonable period thereafter. SAN MARCOS shall submit with each quarterly billing a copy of the updated cash flow table snowing how each PARTY'S anticipatzd costs w2r2 established. In the event that SAN t4ARCOS 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 disbursezents pursuant thzreto. ROUTINE MAINTENANCE AND 0PEKATIOI.I OF THE PROJECT: On completion of the INTEZCEPTOR, each PARTY shall enjoy the capacity ownerships set forth in Article 3. However, SAEJ MARCOS shall provide routine maintenance and operation functions for the INTERCE?TOR in accordance with this Agreement. Article 6. COST ACCOUNTIIIG ( P re-Con s t ruc t i on and Article 7. Costs of maintenance and operation shall be shared by the -5- /. 4, PARTIES hereto in proportion to their capacity ownerships, as set forth in Article 3. Costs of expendables for all PARTIES, such as, but not limited to, poww, 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 tine as a preceding calendar year is available, the period of time shall be the cunul ati ve precedi ng 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, BUENA, and CARLSBAD periodically (but not less than annually) for that PARTY'S share of such costs and maintenance; VISTA, BUENA, 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, BUENA, and CARLSBAD shall have the right, at reasonable times, from tine to time, during regular business hours to inspect 217 sirch bgoks and records to verify any statement rendered by SAN tlARCOS to VISTA, BUEEIA, or CARLSBAD for charges payable by those PARTIES to SAM MARCOS. SAN MARCOS shall utilize the "Uniform Accounting Program" of the State Control1 er'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. t4ai ntenance 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, Article 8. REPAIRS OR REPLACEMENT: Except in cases of ercergency repairs, prior to making zny repairs to any part of the INTERCEPTOR in which VISTA, BUENA, or CARLSBAD have capacity rights which are estimated to cost excess of Ten Thousand Dollars, SAN PlARCOS shall obtain prior approval VISTA, BUENA, and CARLSBAD for any such expenditures. The expenses of repair shall be charged to each PARTY on the basis capacity ownership in the reach involved, and shall be substantiated -6- in of of bY I/ customary accounting procedures; and shall be paid by VISTA, BUENA, and CAKLSBAD within a reasonable period of tine provided, however, such costs benefitting less than all PARTIES shall be bwne 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 respective reach of the INTERCEPTOR being replaced. SAN MARCOS shall undertake any necessary repairs or replacement at the earliest possible date. Article 9. METERS: VISTA, BUEMA 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, BUENA, and SAN t4ARCOS 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 hL4TERIALS: Each PARTY agrees to adopt and enforce on a conti nui ng basi 5 reyl aiions prohibiting the di scharge 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 i ntroduced into the INTERCEPTOR i s consi stent with the Enci na NPDES di scharge pemi t. 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 we1 1 as any resul ti ng increased operating , mai ntenance and rep1 acenent or repair costs that are incurred. Article 11. INDEMYITY OF VISTA, BUENA, AND CARLSBAD: SAN MARC 0 S sh5il indmnify, assume the defense of, and hold free and hamless, VISTA, BUENA, and CARLSBAD, their officers, directors, agents and employees froin any and all obligations, 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 NARCOS'S operation or maintenance of the INTERCEPTOR or any other act or omission to act by SAN -7 - I - MARCOS, its agents, servants, employees, i nvi tees, or independent contractors relating to the operation and maintenance of the INTERCEPTOR. Notwi thstandi ng , the foregoing, the i ndenni ty agreement created by thi s Article shall not indemnify VISTA, BUENA, or CARLSBAD, their directors, agents or employees against any liability arising from the negligence or willful misconduct of VISTA, BUENA, or CARLSBAD, their officers, directors, agents, empl oyees or i ndependent contractors. Article 12. SAN MARCOS TO MAINTAIN IIiSURAEJCE: 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 pub1 ic 1 iabil i ty and property damage insurance pol icy 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 single-1 imit coverage; VISTA, BUENA, and CARLSBAD, their officers, directors, agents and employees, shall be listed as named insureds, and it shall provide for at least forty-five (45) days notice of cancellation or modification of coverage or limits. Said insurance shall be included as an operating and naintsnance expense as provided in Article 7. Article 13. NOTICES: Notices which any PARTY is required to give or desires to give hereunder may be served upon another PARTY by personally delivering a copy thereof, or by mailing any such notice by certified nail, return receipt requested, postage prepaid, addressed as follows: CITY OF CARLSBAD 1200 Elm Avenue Carl sbad, Cal ifornia VISTA SANITATION DI STRI CT P.O. Box 1988 Vista, California 92083 BUENA SANITATION DISTRICT c/o Department of Public Wopks (0384) County of San Diego County Operations Center 5555 Over1 and Avenue San Diego, Cal ifornia 921 23 SAtl MARCOS COUNTY WATER DISTRICT 780 West San Marcos Boulevard San Marcos, Cal i forni a 92069 -8- Any PARTY may from time to time designate a different address for notice by notifying the other PARTIES; any notice nailed by regular nail shall be deemed received by the PARTY to whom such notice is addressed on the date of the return receipt. Article 14. AMENDMENTS TO THIS AGREEMENT: This Agreement may not be altered in whole or in part except by modification in writing, 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 performance of thi s Agreement, the prevail ing ~ PARTY shall be entitled to the award of a reasonable attorney's fee and the costs of the proceeding, which shall be determined 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 representatives, 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 actual ly contested or admitted by pl eadi ngs or pre-heari ng 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 AGREEPIENT: Thi s Agreement, together with the Exhi bi ts hereto, contains a1 1 representations and the entire understandi ny betwgen the PARTIES with respect to the subject matter of this Agreeiiient. Any prior correspondence, memoranda or agreenents are rep1 aced in total by thi s Agreement and Exhibits hereto. Article 17. ASS I GNESE NT : 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 -9- PARTIES. This shall not apply to successor agencies which are also PARTIES to this Agreement. Article 18. B I tl DI NG EFFECT : This Agreement shall inure to the benefit of and be binding upon PARTIES hereto and their respective successors, heirs, and assigns. Article 19. APPLICABLE LA!4: This Agreement and any disputes relating to this Agreement shall be construed under the laws of the State of California. U 11 E 14 F 0 RC E AB L E P R OV I S I 0 I1 S : The terms, conditions, and covenants of ttii s Agreement should be construed, wherever possible, consistent with applicable laws and regulations. To the extent that any provision of the Agreement violates any applicable 1 aw or regul ati on, the renai ni ng provi si ons shall neverthel ess 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 Comty Judicial District, County of San Diego. Article 22. TERM: This AgrEenent is executed and is to br performed in the North County Judicial District, County of San Diego, State of Cal i forni a, and consi sts of 23 pages ( i ncl udi ng 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. 1j.J WITNESS MEREOF, we have hereunto set our hands and seals. Article 20. ATTEST : Rcksg, -4 City Clerk ATTEST : Secretary CITY OF CARLSBAD i SAN MARCOS COUNTY WATSR DISTRICT *. v I STA SANI ATI ION DISTRICT Chai rrnan BU ENA SANI TAT1 ON D I STRI CT Clerk of the Board of Directors -1 0- EXHIBIT "A" ,. FRASER & ASSOCIATES, Consulting Engineers I. i ! Ii .. 4'P :\ e I! Q r 3 e. I 4- - 3;-, ;4 FRASER & ASSOCIATES, Consulting Engineers h . -- FRASER 81 ASSOCIATES. Consulting Enqineers c I C t- I \ \ EXHIBIT "C" . FRASER & ASSOCIATES, Consuit!ng Engineers VISTA .. . . -. .. . . -. . . . . . - . . ARE: . -.. . . . . . . .... .. .. . ,.. ~ -- .- . = 67:27% = /8,/8% = /+55% .- . -. AMENDMENT ONE TO PALOMAR JOINT LAND OUTFALL INTERCEPTOR INTERAGENCY AGREEMENT This agreement is made and entered into this day of , 1983 by and between the City of Carlsbad (CARLSBAD), the San Marcos County Water District (SAN MARCOS), the City of Vista (VISTA), and the Buena Sanitation District (BUENA) [hereinafter collectively referred to as PARTIES] . RECITALS 1. The PARTIES have entered into an agreement entitled Palomar Joint Land Outfall Interceptor Interagency Agreement. 2. At the time the agreement was approved by the PARTIES it did not reflect the understanding of the PARTIES concerning the allocation of cost for the INTERCEPTOR. 3. The intent of the PARTIES is to share the operation and maintenance cost in proportion to the capacity ownership of each party, and to allocate the cost of construction based on an oversizing concept. This amendment implements that intent of the PARTIES. NOW, THEREFORE in consideration of the recitals the PARTIES hereto agree that Articles 3, 4, and 5 of the Palomar Joint Outfall Interceptor Interagency Agreement are amended to read as follows: ’ /// /// /// /// I- - ARTICLE 3. CAPACITY OWNERSHIP AND OPERATION AND MAINTENANCE a) The ownership of capacity in each reach of the INTERCEPTOR is shown in the calculations in Exhibit "B" and summarized in Table I. TABLE I CAPACITY OWNERSHIP PERCENTAGES Buena San Marcos Reach Carlsbad Vista No. - MGD* % MGD* % MGD* % MGD* %- 1 2 3 4 5 6 7 8 (9 10 20 . 35 45.13 3.74 8.29 19.79 44.44 3.74 8.40 17.66 41.65 3.74 8.82 14.08 36.27 3.74 9.63 13.95 36.06 3.74 9.67 13.90 35.97 3.74 9.68 8.05 24.55 3.74 11.44 7.40 23.02 3.74 11.64 4.18 18.85 - - Intentionally Omitted) 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 6.65 6.74 7.07 7.73 7.75 7.76 9.15 9.33 18.00 39.93 18.00 40.42 18.00 42.46 18.00 46.37 18.00 46.52 18.00 46.59 18.00 54.86 18.00 56.01 18.00 81.15 see Exhibit "A" for location and definition of each reach. * Estimated Peak Flow in million gallons per day. The final maximum peak flow capacity for each agency will be determined by applying these percentages to the particular reach running full as finally constructed. b) SAN MARCOS shall be responsible for operation and maintenance. For purposes of distributing costs of operation and maintenance of each reach, the costs shall be shared by all four agencies in accordance with their capacity ownership as shown on Table I. Those costs that cannot be assigned to individual reaches shall be shared by all agencies in the proportions shown in Exhibit "B" and are summarized as follows: CARLSBAD 35.90 percent VISTA 9.70 percent BUENA 7.77 percent SAN MARCOS 46.63 percent Final adjustments to the percentages shown on Exhibit "B" and summarized in this section will be made after the INTERCEPTOR is finally constructed and all costs are known. ARTICLE 4. PRECONSTRUCTION The pre-construction work to be completed shall include, but not be limited to, the following tasks: 1. Preparation of an Environmental Impact Report (EIR) for the project. 2. Revisions to the construction documents prepared by NESTE, BRUDIN & STONE, INC. for Reaches 1 through 8 and 10. 3. Acquisition of permits. 4. Acquisition of easements and rights-of-way. 5. Administration, miscellaneous engineering, and legal tasks. Since SAN MARCOS has ready prepared in EIR and completed construction documents for Reaches 1 through 8 and Reach 10 for their original "Land Outfall Interceptor" Project, SAN MARCOS will not share in any additional costs for tasks 1 and 2. , 3. Costs for tasks 1 and 2 shall be shared between the other three agencies in accordance with their capacity ownership percentages (omitting SAN MARCOS) for each reach so weighted and averaged to account for the construction cost of each reach. These computations are shown in Exhibit "C" and summarized as follows: CARLSBAD 67.27 percent VISTA 18.18 percent BUENA 14.55 percent Final adjustments to these percentages will be made after the project is finally constructed and all costs are known. Pre-construction costs for tasks 3, 4, and 5 shall be shared among the agencies in accordance with their capacity ownership as set forth in Article 3. With the assistance of BUENA, CARLSBAD and VISTA, SAN MARCOS shall take any and all steps necessary to acquire easements of right- of-way for the project. In the 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 a) 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 4. approved plans and specifications affecting the costs to be paid by other PARTIES hereto may be authorized by SAN MARCOS on individual change orders of $25,000.00 or less, up to an aggregate of five (5%) percent of the INTERCEPTOR construction costs, without approval from the other affected PARTIES. b) Cost of construction for Reaches 1 through 10 inclusive [Palomar Joint Land Outfall Interceptor] shall be borne as follows: 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-06-1571-1001. For the cost of oversizing, each party shall bear the cost of construction for the difference between the cost of Project No. C-06-1571-100 and the cost as actually constructed for each reach in proportion to the capacity ownership established by Article 3.a. IN WITNESS WHEREOF, we have hereunto set our hands and seals. ATTEST: CITY OF CARLSBAD ATTEST: SAN MARCOS COUNTY WATER DISTRICT James F. McKay, Secretary Stanley A. Mahr, President 5. ATTEST: CITY OF VISTA City Clerk Mayor BUENA SANITATION DISTRICT Clerk of the Board of Directors 6.