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HomeMy WebLinkAbout2002-02-19; City Council; 16557; Ownership of Vista/Carlsbad Interceptor SewerCITY OF CARLSBAD - AGENDA BILL I ,B# Id ,55 7 DEPT. Haw TITLE: AGREEMENT BETWEEN THE ITG. 2/19/02 CITYMGR. ENG THE VISTNCARLSBAD INTERCEPTOR SEWER IEPT. CITY OF CARLSBAD AND THE CITY OF VISTA FOR CITY Am. THE OWNERSHIP, OPERATION AND MAINTENANCE OF & RECOMMENDED ACTION: Adopt Resolution No. a0oa-053 authorizing the Mayor to execute the agreement between the City of Carlsbad and the City of Vista for the ownership, operation and maintenance of the Vista/Carlsbad Interceptor Sewer. ITEM EXPLANATION: The City of Carlsbad and the City of Vista have jointly owned, operated and maintained the Vista/Carlsbad Interceptor Sewer under the terms of an agreement ("Basic Agreement") entered into in 1961. The Basic Agreement has been amended over the years, but required further significant revisions to better address agency responsibilities during the forthcoming improvements which are framework within which the City of Carlsbad and the City of Vista can work together to the mutual necessary to repair or replace the aging interceptor sewer system. This agreement establishes a City of Carlsbad and City of Vista updates capacity ownership rights in the Vista/Carlsbad benefit of all concerned. This new ownership, operation and maintenance agreement between the Interceptor Sewer, better defines the roles and responsibilities of each City when improvements to the sewer system are necessary and defines the cost sharing requirements for operation and maintenance. Additionally, the City of Carlsbad will be accepting responsibility for the operation and maintenance of an additional two miles of sewer pipeline and manholes which gives the City of Carlsbad management over the entire VistaKarlsbad Interceptor Sewer within its boundaries. FISCAL IMPACT: The agreement clarifies the rights and responsibilities of each City in regard to capacity ownership of the Vista/Carlsbad sewer and obligations for operation and maintenance of the interceptor sewer system including the Buena Vista Pump Station and the Agua Hedionda Pump Station. Although the City of Carlsbad will be assuming responsibility for maintenance of an additional two miles of sewer pipeline and manholes as a result of this agreement, the City of Vista will contribute annually to the City of Carlsbad's Operation and Maintenance budget based on Vista's ownership percentage. No fiscal impact is anticipated as a result of this agreement. EXHIBITS: 1. Location Map. 2. Resolution No. dmd-053'authorizing the Mayor to execute the agreement between the City of Carlsbad and the City of Vista for the ownership, operation and maintenance of the Vista/Carlsbad Interceptor Sewer. 3. Agreement between the City of Carlsbad and the City of Vista for the ownership, operation and maintenance of the Vista/Carlsbad Interceptor Sewer. I r= VISTA / CARLSBAD INTERCEPTOR SEWER EXHIBIT No. 1 n-w J 2 1 2 3 4 5 6 7 8 9 10 11 12 13 ., 14 15 16 17 16 19 20 21 22 23 24 25 26 27 26 RESOLUTION NO. 2002-053 A RESOLUTION OF THE crry couNcrL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CITY OF VISTA FOR THE OWNERSHIP, OPERATION AND MAINTENANCE OF THE VISTNCARLSBAD INTERCEPTOR SEWER. WHEREAS, the Vista/Carlsbad Interceptor Sewer conveys sewage from the City of Vista VISTA) and the City of Carlsbad (CARLSBAD): and WHEREAS, the VistalCarlsbad Interceptor Sewer is located within the City boundary of Te City of Carlsbad; and WHEREAS, CARLSBAD and VISTA acknowledge the importance of maintaining Idequate sewage facilities; and WHEREAS, CARLSBAD and VISTA desire to establish a mutually agreed upon esponsibility for the funding, design, construction and maintenance of the Vista/Carlsbad Iterceptor Sewer: and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of :arkbad, California, as follows: 1. That the above recitations are true and correct. 2. That in the best interest of cooperation between CARLSBAD and VISTA, the City louncil of the City of Carlsbad hereby authorizes the Mayor to execute the agreement between le City of Carlsbad and the City of Vista for the ownership, operation and maintenance of the /ista/Carlsbad Interceptor Sewer. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council leld on the day of FEBRUARY , 2002 by the following vote, to wit: in, Finnila, Nygaard, Hall I . WOOD, City Clerk 3 AGREEMENT FOR OWNERSHIP, OPERATION, AND MAINTENANCE OF THE WSTNCARLSBAD INTERCEPTOR SEWER THIS AGREEMENT is made and entered into as of the 2-2d./D day of FrnLkAeV , 2002, by and between the City of Vista, a general law city ("Vista"), and the City of Carlsbad, a general law city ("Carlsbad"), collectively, ("the Parties"). RECITALS WHEREAS, the Parties are responsible for providing sewage collection and transmission in their respective service areas and are authorized to contract with others for the provision of such services; and ,. WHEREAS, on July 13, 1961, Vista Sanitation District and Carlsbad entered into an agreement pursuant to Chapter 5 of division 7 of Title 1 of the California Government Code to acquire, construct and operate a Joint Sewer System and allocated ownership and capacity rights to Vista Sanitation District and Carlsbad in an interceptor sewer system, sewage treatment facility, and ocean outfall (the "Basic Agreement"). The joint sewer system components were divided into pipeline reaches and pumping stations referenced by Units A, B, C, D, E, F, G, and H. WHEREAS, on August 17, 1971. Vista Sanitation District and Carlsbad entered into an agreement whereby Vista Sanitation District agreed to bear all cost of maintenance and operation of Unit "A, a trunk sewer pipeline paralleling 1-78 and extending from Vista to the Carlsbad city limit; and 1 U06/02 WHEREAS, on September 3, 1975, Vista and Carlsbad entered into an agreement whereby unit c (BU~ Vista pump ~tr;tion), unit D (~uena vista FOPX Main), and Unit G (Agua Hedionda Pumping Station) were increased in capacity and Carlsbad's capacity rights in Units C and D increased from 5.5 percent to 15.5 percent and Carlsbad's capacity rights in Unit G were reduced from 40.5 percent to 38.5 percent; and WHEREAS, on or about September 14, 1983, the Vista Sanitation District was dissolved, and Vista assumed the District's rights and obligations, including those contained in the Basic Agreement; and WHEREAS, the Parties by written agreement dated December 27, 1983, deleted Unit A and a portion of Unit B from the Joint System and released them to Vista as sole owner with complete responsibility for maintenance thereof. WHEREAS, on October 24, 1984, the City of Vista and the City of Oceanside entered into an agreement to transfer sewage flow between the agencies; and WHEREAS, on May 22, 1987, a "Letter of Understanding for Upgrading of the VistalCarlsbad interceptor" was prepared by Carlsbad and submitted to Vista designating a "trigger mechanism" to start construction of replacement pipelines on the VistalCarlsbad Interceptor; and WHEREAS, pursuant to Article 1, Chapter 5, Division 7, Title 1 of the California Government Code, the Parties have entered into a Revised Basic Agreement, as may be amended from time to time, with the other member agencies of the Encina Wastewater Authority for the purpose of operating and maintaining a sewage treatment facility (Unit I) and ocean outfall (Unit J) (the "Revised Basic Agreement"); and 2 2/06/02 WHEREAS, Section 12.1.2 of the Revised Basic Agreement stipulates that the Administrator of the Encina Wastewater Atrtharity shaft aperate and maintain, at the expense of Vista and Carlsbad, the Buena Vista and Agua Hedionda Pumping Stations (formerly Units C and G, respectively, in the Basic Agreement); and WHEREAS, Units B, D, E, F, and H of the Basic Agreement were not incorporated into the Revised Basic Agreement with regard to operation, maintenance, or construction of the Vista/Carlsbad Interceptor; and WHEREAS, the Parties desire to enter into an agreement for ownership, operation, and maintenance of the VistalCarlsbad Interceptor, described herein as VC1 through VC16, the Buena Vista Pump Station and the Agua Hedionda Pump Station, the location of said facilities is as shown on attached Exhibits "A-I", "A-2 and "A-3" and incorporated herein by reference. THEREFORE, THE PARTIES HERETO AGREE TO THE FOLLOWING: SECTION 1. DEFINITIONS For the purposes of this agreement, the following terms shall have the meanings indicated: 1 .I VistalCarlsbad Interceptor. An interceptor sewer pipeline, jointly owned by Vista and Carlsbad, beginning at Manhole No. 35 (according to City of Vista Drawing No. 1981, As-Built 2/27/87) located in the City of Oceanside approximately 360 feet east of the northeasterly City boundary of Carlsbad and extending to the Encina Water Pollution Control Facility and includes the Buena Vista Pumping Station and force main and the Agua Hedionda Pumping Station and force main, and any future improvements, and replacements, all as shown on Exhibits "A-I", "A-2" and "A-3". 3 2/06/02 b 1.2 Preliminarv Desian Report. A report that investigates a proposed mrprovement of enlargement tu ttre VilCarisbad tnterceptor and provides information on the need for the improvement or.enlargement, a description of facilities, materials, and design criteria, and a detailed cost estimate for the improvements or enlargement including engineering, right-of-way, legal, administrative, construction and inspection, and a tentative schedule for final design and construction. The Preliminary Design Report may be prepared for any component needing upgrading when the peak dry weather flow rate reaches sixty (60) percent of full pipe capacity. 1.3. Administrator. The Administrator shall be the individuals designated to administer the functions of the sewer system for that City. For Vista and Carlsbad, the Administrator is each City's City Manager or hislher designated representative. 1.4 Lead Aaency. The Party to Project Agreements given responsibility for planning, design, and construction of a given component of the VistalCarlsbad Interceptor. 1.5 PiDeline Reach. A portion or segment of the VistalCarlsbad Interceptor sewer. A Pipeline Reach designates a change in pipe capacity or capacity ownership by the Parties. The unit designation contained in the Basic Agreement for Pipeline Reaches and pumping stations is hereby replaced with Pipeline Reaches designated VC1 through VC16, the Buena Vista Pumping Station and the Agua Hedionda Pumping Station, all as shown on Exhibits "A-I", "A-2" and "A-3". 1.6 Inflow and Infiltration. The sewer pipeline shall be maintained to exclude excessive inflow of surface water and infiltration of groundwater through manhole risers, covers and pipeline joints. Allowable infiltration shall not exceed 500 gpd per inch-diameter per mile. 4 2/06/02 1.7 Wastewater. Wastewater shall be construed to mean domestic sewage, atrtharized industrmt disctmrges that are in mmptice with the Encina Wastewater Authority's Source Control Program, and Inflow/lnfiltration. 1.8 ImDrovement or EnlarQement Costs. The cost of land, easements and rights-of-way, engineering, construction management, construction inspection, and construction. 1.9 Proiect Aqreement. A separate agreement between Vista and Carlsbad which defines the project-specific requirements of each Party, cost sharing for design and construction, the method of cost accounting and the payment schedule for the improvement or enlargement of any portion of the VistalCarlsbad Interceptor. 1 .IO Service Area. The Service Area shall be the sanitation sewer area served by the City of Vista or the City of Carlsbad. It shall not include the sanitation sewer area of Buena Sanitation District unless approved by the Parties in writing. 1.1 1 Capacity. Capacity, as defined herein, shall be construed to be the sewage flowrate that may be conveyed through a pipeline when flowing full and is based on a depth of flow (D) to pipe diameter (d) ratio of one (i.e., D/d = 1 .O). SECTION 2. JOINT PARTICIPATION The Parties shall participate jointly in the proportions hereinafter specified in the acquisition, construction, ownership, maintenance, operation and use of the VistalCarlsbad Interceptor, including the parts thereof which may be subsequently acquired or constructed for the improvement or enlargement thereof. Further, the Parties shall pay for such acquisition, construction, ownership, maintenance, operation and use of the VistalCarlsbad Interceptor in the proportions hereinafter shown in Exhibit B. 5 2/06/02 SECTION 3. CAPACITY RIGHTS 3.1 Fur the cturatian of this Agreement, each Party shalt OWIT and enjuy the right to use eighty percent (80%) of the Capacity of the VistalCarlsbad Interceptor in the proportions set forth in the table identified as VistalCarlsbad Interceptor Sewer System - Capacity Rights" which is attached hereto and incorporated herein by reference as Exhibit "B". No Party shall use the VistalCarlsbad Interceptor, or any part thereof, to a greater percentage of its capacity and shall not in any way grant, encumber, limit or restrict its interest in any part of the VistalCarlsbad Interceptor, or partition or seek to partition the same or have the use of any part thereof for any purpose other than the disposal of sewage, without the prior written notification of the other Party. 3.2 If responsibility for the disposal of the sewage from a particular area regulated by this Agreement is to be transferred from one Party to the other, or a third ' Party, the capacity service shall be transferred accordingly on the effective date of the transfer of such responsibility, and the charges against the Parties amended to correspond therewith. Any Party proposing such transfer shall notify the other Party in advance of the transfer. No such transfer shall affect the capacity rights or obligations of the Parties in or to the VistalCarlsbad Interceptor until the Parties shall have executed appropriate amendments to this Agreement. 3.3 The capacity rights identified herein in Exhibit "B include the increased capacities that will be available as the result of the sewer replacement project for Pipeline Reaches VC5B through VCl IA of the VistalCarlsbad Interceptor and subject to a separate Project Agreement as addressed in Section 5. 6 2/06/02 3.4 Neither Party shall exceed their capacity rights in the VistalCarlsbad trrterceptor. tn the event a party temporarity exceeds its capacity rights, it stratt reimburse the other party the value of the excess capacity rights used. If the capacity used is one year or less, the value of the capacity used shall be determined on a percentage of the overall O&M Budget unless the Parties agree to transfer its respective percentage of ownership of the VistalCarlsbad Interceptor permanently. SECTION 4. ACQUISITION OF ADDITIONAL CAPACITY In the event either' Party requires capacity in the VistalCarlsbad Interceptor in excess of the proportionate capacity allocated under this Agreement, and the VistalCarlsbad Interceptor is not being used by the other Party to the full percentage of the total capacity to which they are entitled, the Party requiring additional capacity may lease or purchase such additional capacity from the other Party. Such lease or purchase shall be accomplished by written agreement. SECTION 5. RESPONSIBILITIES OF LEAD AGENCY Carlsbad shall be the Lead Agency with responsibility for the VistalCarlsbad Interceptor, unless agreed upon otherwise by a separate Project Agreement; and therefore, Carlsbad and Vista shall mutually agree on all recommendations for improvements and enlargements to the VistalCarlsbad Interceptor. A separate Project Agreement shall be prepared and executed by the Parties for all future improvements and enlargements to the VistalCarlsbad Interceptor and to determine the Lead Agency for the Project Agreement . 7 2/06/02 SECTION 6. IMPROVEMENTS OR ENLARGEMENTS OF THE VISTA/ CARLSBAD INTERCEPTOR 6.1 As deemed necessary, the Parties shall meet to discuss future improvements or enlargements of the VistalCarlsbad Interceptor. Once it is agreed between the Parties that an improvement or enlargement is necessary, a Preliminary Design Report for the improvement or enlargement of the VistalCarlsbad Interceptor shall be prepared. Upon completion and acceptance by the Parties of a Preliminary Design Report detailing an improvement or enlargement, a Lead Agency will be designated that will prepare a Project Agreement which will identify the project specific requirements of each Party including the cost sharing of the Preliminary Design Report. 6.2 When the Project Agreement has been accepted by the City Council of each Party, the Lead Agency under the Project Agreement shall engage the services of a consultant or consultants to prepare plans, specifications, and related materials necessary for the acquisition and construction of the improvements or enlargements. The specifications shall contain all appropriate hold harmless clauses, insurance requirements and indemnifications for those agencies affected by the project. 6.3 Upon completion of the plans, specifications, and related materials, their approval by the other Party, the acquisition of the necessary lands and rights-of-way, and at such time as the Parties are prepared to finance their proportionate shares of the acquisition and construction cost, the Lead Agency under the Project Agreement shall advertise for bids for the construction of the improvements or enlargements or such portion thereof as may be hereafter agreed to by the Parties. The decision to accept bids and award the construction contract shall be the sole responsibility of the Lead Agency. The Lead Agency shall cause the work to be inspected, administer the execution of the contract, and approve necessary change orders. 0 2/06/02 6.4 The Parties may, at their sole cost and expense, enlarge any pipeline rea& ur pumping stati ur portin thereuf of the Vista/Cartsbad tnterceptur in wtrich it is the owner of capacity rights and any increased capacity in such pipeline reach or portion resulting from the enlargement shall belong to such Party paying the cost and expense thereof. The enlargement shall be performed in accordance with the requirements of this Section and by separate agreement. SECTION 7. LANDS AND RIGHTS-OF-WAY 7.1 Any land or rights-of-way acquired for the improvement or enlargement of the VistalCarlsbad Interceptor shall be acquired in the name of Carlsbad and Vista as tenants in common. 7.2 At such time as the plans specifying the location of the necessary lands and rights-of-way for improvement or enlargement of the VistalCarlsbad Interceptor have been prepared and approved by the -Parties and the respective funds of the Parties are available for the acquisition thereof, the Lead Agency shall proceed to acquire the necessary land and rights-of-way. The Lead Agency shall notify the other Party of the amount to be deposited by the other Party with the Lead Agency to pay its proportionate share of the acquisition costs. The other Party shall deposit its share with the Lead Agency prior to recording acquisition documents. SECTION 8. COST SHARING OF IMPROVEMENTS OR ENLARGEMENTS 8.1 All improvement or enlargement costs of the VistalCarlsbad Interceptor which are deemed necessary and beneficial to both Parties under any Project Agreement shall be borne and paid by the Parties in proportion to each Party’s capacity rights for each Pipeline Reach listed in the table attached as Exhibit “B”, except as otherwise required by Section 6.4 of this Agreement. Under this section “necessary and beneficial” shall mean those expenses that are necessary for the 9 2/06/02 I2 completion of the improvement or enlargement of the VistalCarlsbad Interceptor and benefit both Parties to the hject Agreement. 8.2 Cost sharing shall be based on percentage of capacity owned after improvements are constructed. SECTION 9. OPERATION AND MAINTENANCE 9.1 Operation and maintenance of the VistalCarlsbad Interceptor shall include the labor, equipment and materials required for daily operation and routine maintenance. Routine annual maintenance activities typically include visual inspections of all manholes, clearing around manholes, grading and maintaining access roads and replacement of severely corroded or damaged manhole frames and lids. Cleaning and special inspections, such as the inspection of the trestle crossing of the Agua Hedionda Lagoon, will be performed every three to five years or as necessary to maintain the intended function of the VistalCarlsbad Interceptor. Cleaning and special inspections shall not be considered to be routine annual maintenance. 9.2 Carlsbad shall operate and maintain the VistalCarlsbad Interceptor, except for that portion specifically excluded in Section 9.3 below, in good repair and working order in accordance with recognized sound engineering practice. Carlsbad shall maintain accurate records and accounts in connection with the operation and maintenance of the VistalCarlsbad Interceptor. These records and accounts shall be available for inspection by Vista upon request by written notice. 9.3 Operation and maintenance of the Buena Vista and Agua Hedionda Pump Stations and force mains of the VistalCarlsbad Interceptor shall be the responsibility of the AdministratorlOperator of the Encina Wastewater Authority as identified in Section 12.1.2 of the Revised Basic Agreement with the Encina Joint Powers Authority; as may be amended from time to time, a copy of which is on file with the Administrator of 10 2/06/02 each Party. Operation and maintenance of existing Pipeline Reaches VCI through VC3 shtl be the responsibitii of Vista until the pipeline and manhotes have been rehabilitated or a replacement pipeline is constructed, finally accepted, and operational. SECTION IO. BUDGETING AND ACCOUNTING FOR OPERATION AND MAINTENANCE 10.1 Annual expenses for routine operation and maintenance of the VistalCarlsbad Interceptor shall be based on a rate of $2,000 per mile of gravity sewer as detailed in Exhibit "C", for a total annual cost of $14,000. An inflation rate of three percent (3%) shall be applied annually to these expenses. These expenses, hereinafter referred to as O&M expenses, include the labor, equipment, materials and administration necessary to maintain the daily operation of the VistalCarlsbad Interceptor as identified in Section 9.1. 10.2 Carlsbad and Vista shall share in the operation and maintenance expenses of the VistalCarlsbad Interceptor, except as stated otherwise in Section 10.3, based on the approximate ownership of each Party at the mid-point of the sewer. Vista shall be responsible for seventy-five 'percent (75%) and Carlsbad shall be responsible for twenty-five percent (25%) of all O&M expenses . Annually, on or around July 1 of each year, Carlsbad shall invoice Vista for their share of the operation and maintenance costs identified in Section 10.1 for the forthcoming fiscal year. Special inspections and cleaning, not included as part of routine annual maintenance, will be performed as necessary by Carlsbad or a qualified contractor, as agreed by both Parties, and invoiced to Vista on a time and material basis in proportion to the percentage identified herein. 11 2/06/02 10.3 The budget for the operation and maintenance of the Buena Vista and ~gua t+ectioncta pump ~tatiam amt force mai;ls stratt be prepared by ttre AdministratorlOperator of the Encina Wastewater Authority in accordance with the Revised Basic Agreement. Vista shall be entitled to a credit for its operation and maintenance of existing pipeline Reaches VC1 through VC3 until said responsibility is relinquished to Carlsbad in accordance with the terms of Section 9.3. The annual credit to Vista shall be $3.600 plus (3%) three percent inflation for each subsequent year that these reaches are maintained by Vista. SECTION 1 I. EMERGENCY REPAIRS OR RECONSTRUCTION 11 .I Carlsbad shall be allowed to perform emergency repairs or reconstruction of the VistalCarlsbad Interceptor, in whole or in part, without prior approval from Vista as necessary to maintain the continuous operation of the system such that the need for repair or reconstruction is necessary to prevent property damage or imminent danger to health and safety. 11.2 The Parties shall each pay all costs of reconstruction of the VistalCarlsbad Interceptor, or portion thereof, in the same proportion as the Parties own capacity in the VistalCarlsbad Interceptor as provided in attached Exhibit "B. SECTION 12. MEASUREMENT OF SEWAGE FLOWlCAPAClTY MONITORING Flows in the VistalCarlsbad Interceptor shall be monitored in accordance with Section 7 of the Revised Basic Agreement with the Encina Joint Powers Authority, as may be amended from time to time. A copy of which is on file with the Administrator of each Party. 12 2/06/02 Additional flow monitoring may be performed by either Party as may be needed to mitor the capacity in selected reaches of the interceptor. The Party's proposed flow monitoring program shall be presented to the other Party for their review and approval prior to initiation of the activity. The cost of a temporary flow monitoring program shall be shared by the Parties in proportion to their respective capacity ownership rights identified in Exhibit "B. Either Party may conduct a flow monitoring program at its own expense without prior approval of the other Party. SECTION 13. PROTECTION OF THE VISTNCARLSBAD INTERCEPTOW SOURCE CONTROL 13.1 The VistalCarlsbad Interceptor shall not be used by any Party to this Agreement for any purpose other than the conveyance of wastewater unless mutually agreed to by separate written agreement. 13.2 Each Party to this Agreement shall take reasonable steps to prevent excessive inflow of any surface or storm waters or excessive infiltration of groundwater, as defined by Section 1.6, to be discharged into the VistalCarlsbad Interceptor, either directly or indirectly. When wet weather flow exceeds 160% of the 30-day average maximum day dry weather flow as determined by flow monitoring, an Infiltration and Inflow Study shall be initiated. The Lead Agency shall perform all studies on the VistalCarlsbad Interceptor with cost for the study being shared equally between the Parties. Should the results of the study identify upstream collector or trunk sewers as the source of inflow or infiltration, Each Party shall be responsible for the cost to repair the sewer system within its Service Area to reduce Inflow and Infiltration to acceptable levels. 13 2/06/02 13.3 No Party to this Agreement shall allow cooling water or other unpolluted industrial wastew'ater to be discharged directly or indirectly into the VistalCarlsbad Interceptor without the consent of the Parties to this Agreement and Encina Wastewater Authority. SECTION 14. RULES AND REGULATIONS CONCERNING USE OF SEWERS Each Party shall adopt and enforce ordinances, resolutions, rules and regulations, concerning the type and condition of sewage and waste permitted to be discharged directly or indirectly into the VistalCarlsbad Interceptor and shall prohibit persons and users of every kind and nature, including but not limited to, other public agencies from discharging into such sewers any sewage or waste which would be detrimental to the VistalCarlsbad Interceptor or any part thereof. Such ordinances, resolutions and rules shall comply with the "Pre-Treatment Ordinance for the Encina Wastewater Authority", amended March 28, 2001, as may be amended from time to time. Each Party shall also comply with the applicable statutes, ordinances, rules and regulations of agencies of the United States, State of California, County of San Diego, California Regional Water Quality Control Board-San Diego Region, the Encina Water Pollution Control Facility, and any city having jurisdiction over the collection, transmission, treatment and disposal of sewage and wastes. SECTION 15. CONNECTION TO VISTNCARLSBAD INTERCEPTOR Connections to the VistalCarlsbad Interceptor shall be made only at manholes. Only collection or trunk sewer lines may be connected to the VistalCarlsbad Interceptor or any part thereof, and no Party to this Agreement shall approve or permit the direct connection of any premises to the VistalCarlsbad Interceptor without issuing advance written notice to the other Party. 14 2/06/02 SECTION 16. BUDGETING AND ACCOUNTING E& party shalt be strictly accountable for all funds received and shall maintain adequate records of all receipts and disbursements pursuant to this Agreement. In addition, each Party shall maintain such.additional records relating to the acquisition, construction, ownership, maintenance, operation and use of the VistalCarlsbad Interceptor as is appropriate. Each of the Parties, with reasonable notice, has the right to inspect and examine the records of the other Party insofar as such records relate to the VistalCarlsbad Interceptor. SECTION 17. INSURANCE Each Party shall maintain for the duration of the Agreement, and any and all amendments, liability insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services of each Party, their agents, representatives, employees or subcontractors. Each Party shall maintain worker's compensation coverage and limits as required by the California Labor Code. SECTION 18. SEWAGE SPILLS Except as otherwise provided below, any sewage spill which occurs as a result of an unforeseen condition, and said sewage spill could not have been prevented with normal and routine maintenance, then each Party shall be responsible for the costs for cleanup and payment of any legal fines and expenses incurred in proportion to each Party's Capacity Ownership in the VistalCarlsbad Interceptor. Any Party, who by its sole negligence or willful misconduct, causes a sewage spill shall be solely responsible for all costs for cleanup and payment of any legal fines and expenses incurred. 15 2/06/02 SECTION 19. HOLD HARMLESS Except for the other Party‘s sole mgliince or wiltful misconduct, if the Lead Agency constructs any facility, pipeline, or improvement, the other Party, its officers and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, nor for personal injuries or death caused by, or resulting from, any intentional or negligent acts, errors or omissions of the Lead Agency or its agents, employees or representatives in connection with said construction. The Lead Agency shall defend, indemnify, and hold free and harmless the ather Party and its ofticers and employees against any of the foregoing claims, liabilities, penalties or fines, including liabilities or claims by reason of alleged defects in any plans and specifications, and any cost, expense or attorney’s fees which are incurred by the other Party on account of any of the foregoing. Where loss occurs from the negligent operation or maintenance of the Lead Agency, the Lead Agency shall indemnify the other agency for all liabilities, lawsuits, andlor fines by Regulatory Agencies incurred therefrom. In addition, where construction work is performed by the Lead Agency, the Lead Agency shall indemnify the other Party for all liabilities arising out of the construction work as a result of negligence, lawsuits, and/or fines by Regulatory Agencies. For purposes of this section, the Lead Agency for the operation and maintenance of existing Pipeline Reaches VCI through VC3 shall be Vista until the pipeline and manholes have been rehabilitated or a replacement pipeline is constructed, finally accepted, and operational. 16 2/06/02 I? SECTION 20. NOTICE Notice required or permitted under this Agreement shatt be provided in writing, either served personally upon or mailed by registered or certified mail to the Administrator of the other Party. SECTION 21. SETTLEMENT OF DISPUTE OR CONTROVERSY 21.1 Should any dispute or controversy arise in connection with the books, records or accounts of any Party to this Agreement or in connection with the acquisition, construction, maintenance, operation, repair, reconstruction or enlargement of the VistalCarlsbad Interceptor or in connection with any of the affairs or operation thereof, or the execution of the term of this Agreement, the Parties shall make reasonable efforts to resolve the dispute. In the event that the Parties are unable to reach a resolution to the dispute, the Parties shall select a disinterested mediator to assist in the resolution of the dispute. Each party shall share equally in the cost of the mediator. 21.2 In the event that the Parties are unable to resolve the dispute with a disinterested mediator, the Parties shall submit to non-binding arbitration. In the event of such election, each Party shall appoint or designate one disinterested person as an arbitrator and said arbitrators so chosen, if an even number, shall designate an additional disinterested person to make an odd number of arbitrators and said arbitrators so chosen shall act as a Board of Arbitrators in connection with any such dispute or controversy. The decision of the arbitrators shall be binding unless a Party files a legal action for a trial de-novo. If the Party seeking trial de-novo fails to obtain a judgment better than the arbitrator's decision, that Party shall be liable for all cost, including attorneys.fees of the other Party. 17 2/06/02 W SECTION 22. MODIFICATION OF AGREEMENT Agreement shatt mntain aH the terms and conditions made between the Parties hereto and shall not be amended except by an agreement in writing signed by all Parties. SECTION 23. SEVERABILITY If any section, subsection, sentence, clause, phrase or work of this Agreement, or the application thereof, to any Party, or to any other person or circumstance is for any reason held invalid, it shall be deemed severable and the validity of the remainder of the Agreement or the application of such provision to the other Parties, or to any other person or circumstance shall not be affected thereby. Each Party hereby declares that it would have entered into this Agreement and each section, subsection, sentence, clause, phrase and work thereof irrespective of the fact that one or more section, subsection, sentence, clause, phrase or word, or the application thereof to any Party or any other person or circumstance be held invalid. SECTION 24. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument. Ill Ill Ill Ill Ill Ill 10 2/06/02 SECTION 25. TERM Thetemraf~Agreementwiflbeeffecfivefaraperiodoftwenty(20)years from the date first above written. The.Agreement may be extended for two (2) additional ten (IO) year periods or parts thereof. The Parties will prepare a written amendment indicating the effective date and length of the extended Agreement. IN WITNESS WHEREOF, each Party hereto has pursuant to resolution duly passed and adopted by its respective governing body this AGREEMENT and caused it to be executed and be effective on the date first above written. CITY OF VISTA: By: EDWIN W. ESTES, Mayor ATEST: By: JO SEIBERT, City Clerk APPROVED AS TO FORM: APPROVED AS J. WAYNE DERNETZ, City Attorney RONALD R. BALL, City Attorney TO FORM: BY: Deputy City Attorney BY: (2"aGL &pttiy City Attorney aj-fa=. 19 2/06/02 2% /' a Exhibit "A-2" VisWCarlsbad Interceptor Exhibit "A-3" VistalCarlsbad Interceptor EXHIBIT "B" VISTNCARLSBAD INTERCEPTOR SEWER SYSTEM Capacity Rights a) Pipe capacity is based on a depth of flow (D) to pipe diameter (d) ratio of one (i.e., D/d = 1) and Manning's "n" value of 0.013, except where noted with an *, n=0.012 for pvc lined pipe. b) Average flow rates are obtained from the October 1997 Sewer Master Plan Update for the City of Carlsbad. The Master Plan Update used a peaking factor of 2.0 for the Vista/Carlsbad Interceptor Sewer System. c) The percent capacity for each pipeline reach is based on the ratio of average flow to total flow times 100 percent. 20 2/06/02 EXHIBIT "C" VISTNCARLSBAD INTERCEPTOR SEWER ANNUAL OPERATION & MAINTENANCE BUDGET ,TEM ,1: ., , MAN-HOURSNEAR, ', 1. Manhole Inspections (approximately 85) (hice per year) 2. Clear Vegetation Around Manholes 120 40 4. Replace Corroded Manhole Lids (approximately three per year) 40 3. Maintain Access Road East of Haymar Drive (twice per year) 80 TOTAL 280 HOURS Labor 280 hours x $28/hr = $7,840 Vehicles/Equipment 280 hours x $10/hr = $2,800 . ~. Subtotal 15% Administration & Overhead = $1,596 , . '., . ,. , ,.,.. : , . . . ,, ,, "= , .$10,640 Materials Approximate length of gravity sewer, 7-miles Cost per mile, $14,000/7-miles = $2,000 per mile NOTES: 1. Annual O&M costs do not include special inspections such as the Agua Hedionda Trestle or pipeline cleaning which can be expected to occur every 3-5 years. 2. 0&M costs will be increased 3% per year to adjust for inflation. 21 2/06/02 City of Vista February 28,2002 Lorraine M. Wood City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 RE: Vista I Carlsbad Interceptor Sewer Agreements for Signature Dear Ms. Wood: At the meeting held on February 26, 2002, the City Council took the following actions: Adopted Resolution No. 2002-53, approving an Agreement between Vista and Carlsbad for Ownership, Operation, and Maintenance of the VistdCarlsbad Interceptor Sewer; and Adopted Resolution No. 2002-54, approving a Project Agreement for the VistdCarlsbad Interceptor Sewer, Reaches VC5B through VC11A and South Carlsbad Storm Drain. I have enclosed copies of the resolutions. Also enclosed are the above-mentioned original agreements (two sets of each) for Mayor Lewis’s signature. It would be appreciated if you could kindly have all the originals approved, signed, and attested. Once the agreements are fully executed, please keep one set for your files, and return the second set to the Office of the City Clerk, City of Vista, P. 0. Box 1988, Vista, CA 92085, for our records. Thank you for your attention to the above. If you should have any questions, please contact Terry Lutz, Principal Engineer, at (760) 726-1340, extension 1321. Sincerely, Rita R. Tumbull Office of the City Clerk Enclosure c: Terry Smith, Engineering, Carlsbad Terry Lutz, Engineering, Vista 6W Eucalyptus Avenue P.O. Box 1988 V&a, California 92085 (760) 7261340 w.ci.vista.ca.us RESOLUTION NO. 2002-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISTA, CALIFORNIA, APPROVING AN AGREEMENT FOR OWNERSHIP, OPERATION AND MAINTENANCE OF THE VJSTAKARLSBAD INTERCEPTOR SEWER WHEREAS. on July 13, 1961, the Vista Sanitation District and the City of Carlsbad entered into an agreement for the construction of a joint VistdCarlsbad Interceptor Sewer System ("Basis Agreement") which was to be operated and maintained by the Encina Wastewater Authority: and WHEREAS, in the late 1980s, the cities of Vista and Carlsbad mutually agreed to maintain the portions of the interceptor line within their respective city boundaries, and to share the cost of maintenance and bill the other city for any maintenance costs incurred within its portion of the interceptor; and WHEREAS, in order to provide an equitable share of costs and responsibilities in maintaining the interceptor. it is recommended that the Basic Agreement be replaced with the Agreement for Ownership, Operation and Maintenance of the VistdCarlsbad Interceptor Sewer. NOW, THEREFORE, BE IT RESOLVED as follows: 1. The recitals hereinabove stated are true and correct, 2. The Agreement between the City of Vista and the City of Carlsbad for Ownership, Operation and Maintenance of the VistdCarlsbad Interceptor Sewer, dated February 26, 2002, is approved. PASSED AND ADOPTED at a meeting of the City Council held on the 5 day of February 2002, by the following vote: AYES: CAMPO, GRONKE, RITTER, MAYOR ESTES NOES: NONE ABSTAIN: NONE J EDWIN W. ESTES, ., May APPR0VED AS TO FORM: ATTEST: RESOLUTION NO. 2002-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISTA, CALIFORNIA, APPROVING A PROJECT AGREEMENT FOR THE VISTAKARLSBAD INTERCEPTOR SEWER, REACHES VCSB THROUGH VCllA AND SOUTH CARLSBAD STORM DRAIN WHEREAS, on February 26, 2002, the cities of Vista and Carlsbad (the “Parties”) entered into an agreement for the ownership, operation and maintenance of the VistdCarlsbad Interceptor Sewer System; and WHEREAS, the Parties desire to replace Reaches VCSB through VCI IA of the VistdCarlsbad Interceptor Sewer; and WHEREAS, the purpose of this agreement is to establish the responsibilities of each Party during construction: their respective share of the construction phase costs, and the establishment of the cost accounting procedures and payment schedule; and WHEREAS, the City of Carlsbad will be solely responsible for the cost of constructing the South Carlsbad Storm Drain. NOW, THEREFORE, BE IT RESOLVED as follows: 1. The recitals hereinabove stated are true and correct. 2. The Project Agreement between the City of Vista and the City of Carlsbad for the VistdCarlsbad Interceptor Sewer, Reaches VCSB through VCl 1A and South Carlsbad Storm Drain, dated February 26,2002, is approved. PASSED AND ADOPTED at a meeting of the City Council held on the 26 day of February 2002, by the following vote: AYES: CAMPO, GRONKE, RITTER, MAYOR ESTES NOES: NONE ABSTAIN: NONE APPR~VED AS TO FORM: ATTEST: March 14,2002 Jo Seibert, CMC City Clerk City of Vista 600 Eucalyptus Avenue Vista, CA 92084-1988 Re: Original Agreement - VistdCarlsbad Interceptor Sewer Enclosed please find an original agreement between the Cities of Carlsbad and Vista for the Ownership, Operation, and Maintenance of the VistdCarlsbad Interceptor Sewer. The original is for your files. If you have any'questions, please do not hesitate to contact this office. ISABELLE PAULSEN Administrative Secretary /ijp Enclosure I /6,55 1200 karlTbad Village Drive Carlsbad, CA 92008-1 989 * (760) 434-2808 @