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Home My WebLink About1984-03-06; City Council; 7524-1; Palomar Joint Land Outfall InterceptorCITKOF CARLSBAD - AGENDA BILL - PALOMAR JOINT LAND OUTFALL INTERCEPTOR INTERAGENCY AGREEMENT AMENDMENT #2 (lTG.3/6/84 RECOMMENDED ACTION: Adopt Resolution No. %76iJ/ amending the Palomar Joint Land Outfall Interceptor Interagency Agreement. ITEM EXPLANATION: Council approved the basic agreement and amendment one to the agreement at their meeting of October 11, 1983. referring to the ownership of the oversized portion of the joint line. The original document referred to a table which gave ownership percentages of the complete line rather than ownership percentages of the oversized portion of the line (San Marcos owns 100% of the basic line - the other agencies own percentage of the oversize). The amended agreement included an error when This resolution will correct this error. FISCAL IMPACT: None. It was always the intent to pro-rate costs as shown in the Resolution. EXHIBITS : 1. Resolution No.7521 . 2. Amendment One to the Palomar Joint Land Outfall Interceptor Interagency Agreement. The Basic Agreement is on file in the Office of the City Clerk. 1 2 3 4 5 6 7 8 9 lo: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 approved the above titled Basic Agreement and Amendment No. 1 to the Agreement on October 11, 1983 and; WHEREAS, the San Marcos County Water District has requested a modification to the First Amendment because of an error in allocating costs of the oversized portion of the outfall line; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. Article 5 Construction, Paragraph b) of Article 5 as contained in Amendment 1 is deleted entirely. 2. New Paragraphs b) and c) and Table I1 are added to Article 5 as contained in Amendment 1 to read as follows: b) Cost of construction for Reaches 1 through 10 inclusive, excluding Reach 9, (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 ineluded within the Land Outfall Interceptor for State Water Resources Control Board Project No. C-06-1571-100 (Project No. C-06-1571-100). c) For the cost of oversizing, each party shall bear the cost of con- struction for the differences between the cost of Project No. C-06-1571-100 and the cost as actually constructed for each reach in proportion to the percentages 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 20 as shown on Table 11. TABLE I1 OVERSIZE - COST PERCENTAGES Reach' Carlsbad Vista Buena San Marcos 1 61.69% 11.34% 2 61.02% 11.53% 3 58.28% 12.35% 4 52.69% 14.00% 5 52.46% 14.07% 6 52.37% 14.09% 7 38.91% 18.07% 8 36.93% 18.66% 9 Intentionally Omitted 10 41.47% - 9.09% 9.25% 9.90% 11.23% 11.28% 11.31% 14.50% 14.97% - 17.88% 18.20% 19.47% 22.08% 22.19% 22.23% 28.52% 29.44% 58.53% 'See Exhibit A for location and definition of each reach. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held the 6th day of March , 1984, by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulch, Chick and Prescott NOES: ne ABSENT: None MARY H. ~SLER, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk ' (SEAL) -2- 3 .. - I. AMENDMENT ONE lV 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 1 Reach No. 1 2 3 4 5 6 7 0 (9 10 CAPACITY OWNERSHIP PERCENTAGES Carlsbad Vista Buena MGD* % MGD* % MGD* % 20.35 45.13 3.74 8.29 3.00 6.65 19.79 44.44 3.74 8.40 3.00 6.74 17.66 41 -65 3.74 8.02 3.00 7.07 14.08 36 . 27 3.74 9.63 3.00 7.73 13.95 36.06 3.74 9.67 3.00 7.75 13.90 35.97 3.74 9.68 3.00 7.76 8.05 24.55 3.74 11.44 3.00 9.15 7.40 23.02 3.74 11.64 3.00 9.33 4.18 18.85 - - - - - - Intentionally Omitted) San Marcos MGD* %- - 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 1 ' 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 VISTA BUENA SAN MARCOS 35.90 percent 9.70 percent 7.77 percent 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. 7 A. .. 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 aqgregate 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 ,-g Water Resources Control Board Project , No, C-06-1571-100 *I J [Project No. C-O6-1571-100]. 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. t - 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.