HomeMy WebLinkAbout2003-11-18; City Council; 17378 Sewer Update6; Sewer Master Plan Update Final ReportAppendix B
INTERAGENCY AGREEMENTS
Revised Basic Agreement for Ownership, Operation and Maintenance of a Joint
Sewage System as Amended February 8, 2000
Agreement for Ownership, Operation, and Maintenance of the Vista/Carlsbad
Interceptor – February 26, 2002
Agreement between the Buena Sanitation District and City of Carlsbad for the Lease
of Capacity in the Encina Outfall – December 15, 1981
Agreement between the Buena Sanitation District and City of Carlsbad for the Lease
of Additional Capacity in the Encina Outfall – December 15, 1987
Palomar Joint Land Outfall Interceptor Interagency Agreement – January 8, 1985
Occidental – Carlsbad – Leucadia – Encinitas Agreement in regard to Construction
of Sewer Pipeline South from the Encina Water Pollution Control Facility – August
24, 1972
Agreement between the Leucadia County Water District and the City of Carlsbad
Regarding the Woolley Annexation – April 24, 1984 [Carlsbad resolution # 7534]
Agreement for Exchange of Sewage Flows Between the Vallecitos Water District
and the City of Carlsbad (Meadowlark Estates/Rancho Carrillo Sewer flow
Agreement) – March 24, 2000 [Carlsbad Resolution # 2000-83]
Reimbursement Agreement for Wastewater Treatment and Disposal for Carlsbad
Tract No. 73-79 Carrillo Estates Unit No. 2 [Carlsbad Resolution # 73-29]
Agreement for Temporary Wastewater Collection for Carlsbad Tract No. 93-04 with
Leucadia County Water District [Carlsbad Resolution # 2000-172]
REVISED BASIC AGREEMENT
FOR
OWNERSHIP, OPERATION AND MAINTENANCE OF A JOINT SEWAGE SYSTEM
AS AMENDED FEBRUARY 8,2000
Ref:F&H R.00-444 1
June 30,2000
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TABLE OF CONTENTS
Page
RECITALS .............................................................................................................................................. 1
Section 1
1.1
1.2
1.3
1.4
1.5
Section 2
. Section 3
. 3.1
3.2
3.3
Section 4
Section 5
5.1
5 -2
Section 6
Section 7
Section 8
Section 9
9.1
9.2
Section 10
10.1
10.2
Section 11
...
.
DEFINITIONS ........................................................................................................... 2
2
2
Operator/Adminisfxator .............................................................................................. 2 Biosolids .................................................................................................................... 2
joint Advisory Committee (IAO ................................................................................. joint System- ...................................................................................................... i ........
Member Agencies ...................................................................................................... 2
JOINT PARTICIPATION ........................................................................................... 2
AREA TO BE SERVED BY THE JOINT SYSEM ......................................................... 2
Existing Service Area .................................................................................................. 2 Revisions to the Service Area ..................................................................................... 2
Prohibition on Discharges from Outride the Exhibit A Service Area .......................... 3
r
ENLARGEMENT OF THE JOJNT SYSTGM ................................................................. 3
3
Protection of the Joint System .................................................................................... 3 .
PROTECTION OF THE JOINT SYSIEMISOURCE CONTROL ..................................
Prohibitions ............................................................... : .............................................. 3
CAPAQTY AND USE OF CAPACITY (CAPACITY INFRINGEMENT) ........................ 3
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CAPAClTY MONITORING ........................................................... ........................... 4
ACQUlSITION/SALE OF EXCESS CAPACIN ............................................................ 4
CAPACITY RIGHTS IN UNITS .................................................................................. Unit I and Unit J Capacity ..........................................................................................
Unit I Capacity Infringement. .......................................... ..........................................
9.2.1 Flow Calculation ..............................................................................................
9.2.2 Monitoring of Capacity Demand ......................................................................
9.2.3 Excess Use a Trespass .......................................................................................
9.2.4 Indemnity and Hold Harml.es s ..........................................................................
9.2.5 License Payments .............................................................................................
9.2.6 Restrictions on Use Over 40% of Reserve ........................................................
9.2.7 Reserve Capacity ..............................................................................................
92.8 Sole Method of Allocation ................................................................................
4
4
5
5
5
5
5
5
6
6
7
CAPACITY RIGHTS FOR RECLAMATION ................................................................ 7
Future Reclamation .................................................................................................... 7 Existing Reclamation .................................................................................................. 7
JOINT ADVISORY COMMllTEE ............................................................................................
1 1 . 1 Powers .......................................................................................................................
1 1.2 Representation on JAC ...............................................................................................
1 1.3 Officers of JAC ...........................................................................................................
1 1.4 Meetings of the JAC ...................................................................................................
11.5 Rules ..........................................................................................................................
1 1.6 Payment for Attendance .............................................................................................
1 1.7 Assistance from the Operator/Administmtor ..............................................................
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Section 12
12.1
12.2
OPERATOWADMINISTRATOR ................................................................................ 9 General Duties ........................................................................................................... 9
Designation and Specific Powers .............. : ................................ ........... : ................... 9
Section 13
13.1
BUDGlTlNC AND ACCOUNTING ......................................................................... 10
Annual Budgets .......................................................................................................... 10
Section 14 ASSISTANCE TO OPERATOWADMINISTRATOR .................................................... 12
Section 15 RIGHTS OF WAY AND LAND ACQUISITIONS ........................................................ 12
Section 16
16.1
16.2
16.3
PAYMENT OF OPERATION AND MAINTENANCE EXPENSES i............................... 12
Allocation of Expenses ............................................................................................... 12
Payment Schedule ..................................................................................................... 12
Revenue from By-Products ......................................................................................... 12
Section 17
17.1
17.2
PAYMENT OF CAPITAL MPENS ES ........................................................................... 12
Allocation of Expenses .............................................................................................. 12
Payment Schedule .................................................. ; .................................................. 13
Section 18
18.1
18.2
18.3
S€ITLEMENT OF DISPUTE OR COMROV ....................................................... 13
Right to Arbibation .................................................................................................... 13
Right of Observation .......................................... : ..................................................... 14
Right to Expert Arbitration .......................................................................................... 14
Section 19 APPORTIONMENT OF LIABILITY ............................................................................ 14
Section 20 NOTICES ................................................................................................................... 14
SEVERABILITY ........................................................................................................... 14 Section 21
Section 22 MODIFICATION OF AGREEMENT ........................................................................... 11
Section 23 SUCCESSION ............................................................................................................ 15
Section 24 APPROVAL ................................................................................................................ 15
Signature Page ........................................................................................................... 15 Service Area Map ....................................................................................................... 16
Exhibit B .................................................................................................................... 17
Exhibit C ......................................... : .......................................................................... 18
-l ', :: . --
Revised Basic Agreement - Encina Joint Powers Authority
Ref: FdtHR.00-4441
June 30,2000
REVISED BASIC AGREEMENT
FOR
OWNERSHIP, OPERATION AND MAINTENANCE OF A JOINT SEWAGE SYSTEM
AS AMENDED
EFMVE FEBRUARY 8,2000
THIS AGREEMENT (hereinafter referred to as the Revised Basic Agreement), is made and
entered into this 8* day of February 2000, by and among the CITY OF VISTA, a general law city
(hereafter VISTA), the CrrY OF CARLSBAD, a general law city (hereafter CARLSBAD), the BUENA
SANITATION DISTRICT, a County Sanitation District (hereafter BUENA), the VALLECITOS WATER
DISTRICT, a County Water District (hereafter VALLECITOS), the LEUCADIA COUNTY WATER
DISTRICT, a County Water District (hereafter tEUCADIA), and the City of Encinitas, a general law city
(hereafter ENCINITAS).
RECITALS
WHEREAS, the parties hereto are responsible for providing sewage collection, transmission,
treatment and disposal services in their respective service areas andare authorized to contract with
other parties for the provision of such services; and,
WHEREAS, on July 13, 1961, VISTA and CARLSBAD en&d into a Basic Agreement
pursuant to Chapter 5 of Division 7 of Tide 1 of the California Government Code to acquire, construct
and operate a joint Sewer System; and,
;I. 3
-r WHEREAS, the Basic Agreement provided that other municipal corporations and public
districts or agencies may become parties to the Basic Agreement, thereby becoming members of the
joint powers authority; and,
WHEREAS, on January 6,1964, BUENA became a member of the joint powers authority and
acquired certain interests and capacity rights in the Joint System; and,
WHEREAS, on March 22, 1965, VALLECITOS (then San Marcos) became a member of the
joint powers authority and acquired certain interests and capacity rights in the joint System; and,
WHEREAS, on August 17, 1971, LEUCADIA and ENClNlTAS (then Encinitas Sanitary District)
became members of the joint powers authority and acquired certain interests and capacity rights in
the joint System; and,
WHEREAS, it is the desire of the parties hereto to (a) continue functioning through a joint
powers authority and (b) modify and condense the enabling legal documents for the joint powers
authority by entering into a Revised Basic Agreement pursuant to Article 1, Chapter 5, Division 7,
Tide 1 of California Government Code relating to the joint exercise of powers, for the purposes of
planning, designing, owning, operating, and maintaining a joint sewer system and concurrently
establishing, by separate agreement, the Encina Wastewater Authority.
NOW THEREFORE, THE PARTIES HEM0 COVENANT WrlH EACH OTHER AS FOLLOWS:
1
Revised Basic Agreement - Encina Joint Powers Authority
Ref: F&HR.W1
June 30, zoo0
Section 1 DEFl N ITIONS
For the purposes-of this agreement the following terms shall have the meanings indicated:
1.1 Joint Advisory Committee UAC). A committee composed of representatives of the
member agencies that advises both the member agencies and the OperatorlAdministntotrator on issues
relating to the joint System.
1.2 joint System. The Encina Water Pollution Control Facility (Unit I), and the Encina Ocean
Outfall (Unit J) including all related land, rights of way, and appurtenances.
1.3 Member Agencies. The six members of the Encina Wastewater Authority: Vista,
Carlsbad, Buena, Vallecitos, Leucadia, and Encinitas.
1.4 Operator/Administrator. The public agency designated by the member agencies as being
responsible for operating, maintaining, and administering the Encina Joint System. Since August 1,
1988, the Operator/Administrator has been the Encina Wastewater Authority.
1.5 Biosolids. Primarily organic solid product, produced by the wastewater treatment.
processes, that can be beneficially recycled.
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History: Adopted December 7 7, 7 990; Amended effective November 18, 1992; November 9, 1994.
Section 2 JOINT PARTICIPATION
The member agencies shall participate jointly in the planning, design, acquisition,
construction, ownership, operation, maintenance and use of the Joint System (including any future
expansions thereof), and shall pay for such activities as hereinafter specified.
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History: Adopted December I 7, 1990.
Section 3 AREA TO BE SERVED BY THE JOINT SYSTEM
3.1 Existing Service Area. The area to be sewed by the Joint System is shown on Exhibit A,
which is attached hereto and made a part of this Revised Basic Agreement by reference. Areas lying
outside a member agency's legai boundary but inside that member agency's Exhibit A service area
may be served by the member agency, providing the member agency provides assurance in the form
of a legally binding agreement that these discharges will meet all applicable rules and regulations.
Any wastewater or biosolids received from outside a member agency's legal boundary pursuant b
such agreement shall be regarded as the wastewater or biosolids of the member agency for the
purposes of billing, capacity, and source control.
3.2 Revisions to the Service Area. Areas lying outside the Exhibit A service areas of he
member agencies may be served, provided such areas are annexed by a member agency.
Notification of such annexations must be made in writing to the Joint Advisory Committee so that
Exhibit A can be modified as appropriate. Member agencies can also request alteration of their
Exhibit A service areas; such modifications must be approved in writing by all member agencies, as
2
.r? i , '.
Revised Basic Agreement - Encina Joint Powers Authority
Ref: F&HR.W1
June 30,2000
1'7 --I I evidenced by receipt of resolutions from the governing bodies of all member agencies. Member
agencies whose Exhibit A service areas are enlarged shall be responsible for providing adequate
capacity.
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3.3 Prohibition on Discharges from Outside the Exhibit A Service Area. Each member
agency agrees that it will neither permit nor knowingly countenance the use of the Joint System,
directly or indirectly, for the disposal of wastewater or biosolids originating outside of its legal
boundary except in the above manner, extent and conditions.
Histow Adopted December I 7, 7990; Amended effeaive November 7 8, 7 992; November 9, 1994.
section 4 ENLARGEMENT OF THE JOINT SYSTEM
Any member agency having first obtained the consent of Carlsbad and Vista, may at its sole
cost and expense enlarge any portion of Unit I or J of the Joint System in which it is the owner of
capacity rights and any increased capacity in such unit or portion resulting from such enlargement
shall belong to the member agency paying the cost and expense thereof. No member agency shall
unreasonably withhold consent to such enlargement. Any such enlargement shall be constructed in
accordance with plans and specifications approved by Carlsbad and Vista.
History: Adopted December 17, 7 990; Amended effec&ive November 18, 7992.
Section 5 PROTECTION OF THE JOlNT SYSTEMSOURCE CONTROL - ,,
1 5.1 Protection of the Joint System. The joint System shall not be used by any member agency --.de for any purpose other than the conveyance, treatment, reuse, or disposal of wastewater and its by-
products. Wastewater shall be construed to mean domestic sewage and trade wastewaters. Each
member agency shall adopt and enforce ordinances, resolutions, rules and regulations, concerning
the type and condition of wastewater permitted to be discharged into the sewers under its control and
shall prohibit the discharge of any wastewater which would be detrimental to the Joint System, or to
the use of by-products generated by the Joint System. Such ordinances, resolutions, rules and
regulations shall reflect the applicable federal and state statutes and regulations and shall be consistent
with the Operator/Administrator's industrial pretreatment regulations.
5.2 Prohibitions. No member agency shall allow excessive infiltration of any surface or storm
waters to be discharged directly or indirectly into the Joint System. No member agency shall allow
cooling water or other unpolluted industrial wastewater to be discharged directly or indirectly into the
Joint System without the consent of all other member agencies. No member agency shall aulhorize a
discharge from any groundwater cleanup site unless'the discharge is authorized in advance by the
Operator/Administrator.
History: Adopted December 77, 1990; Amended effeaive November 18, 1992.
Section 6
Each member agency shall own and enjoy a perpetual right to use its Joint System capacity in
the proportions set forth immediately below herein. No member agency shall in any way grant,
CAPACITY AND USE OF CAPACITY (CAPACITY INFRINGEMENT)
-1.
3 v
Revised Basic Agreement - Encina Joint Powers Authority
Ref: F&HR.00.4441 June 30,2000
encumber, limit or restrict its interest in any part of the joint System for any purpose other than the
treatment and disposal or reuse of wastewater and the management of wastewater treatment
byproducts, or use the joint System or any part thereof to a greater percentage than its capacity rights,
except as set forth in Seaion 9 herein, without the prior written consent of the other member
agencies, provided that no such excessive use without written consent shall be construed as a waiver
of capacity rights by any member agency.
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History: Adopted December 1 7, 1990; Amended effectbe November 18, 1992.
Section 7 CAPACITY MONITORING
Each member agency shall participate in a joint flow metering system, operated and
administered by the Operator/Adminir, and facilitate such measurements of flow into the joint
System as needed for bilfing purposes and to verify that each agency is within its capacity rights. This
metering system shall be maintained according to a separate agreement executed by the
Operator/Administrator and the member agencies.
History: Adopted December 7 7, 1990.
Section 8 ACQUISITIOIVSALE OF EXCESS CAPACITY
In the event that any member agency hereafter requires addtional capacity in the joint System
and capacity is available from another member agency, the capacity may be licensed, leased or
purchased as necessary. Such lease or purchase shall be on terms as are hereakr agreed upon by the
; member agencies involved. In the event an inter-agency capacity agreement is adopted, the joint
Advisory Committee shall be notified in writing. Licensing, lease or purchase shall be subject to the
terms and conditions established in Section 9 herein.
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History: Adopted December I 7, 7990; Amended effective November 18, 1992.
Section 9 CAPACITY RIGHTS IN UNITS
9.1 Unit I and Unit j Capacity. Capacity rights shall be as follows:
Member
Agency
Vista , ~
Carlsbad
B uena
Vallecitos
Leucadia
Encinitas
Total' * -' '
Unit I tiquid.. . .- . . ;.. "& $.@.&,I Jj&%p@p~.: . .
I .. .
.. - ... e.
MGD Percentage MGD ' Percentage MCD Percentage
-8.05 22.36% ' :' 8-99,
9.24
'2:26
7.54
,7.11 19,75% ;. .; j.@f; , :;' 20.68% . .I' . 3;86-:..-- .-._ . ! 20.68%. '
1.80 5.00% 4.74%
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iJoo;ii~~., .; -.,. . . . '. . .
- '.36.eo ,. .j**,&.'
The total disposal capacity of Unit j shall be 38.0 MGD average daily flow. This capacity
rating assumes that the wet weather peaking factor on the flows to Unit J shall continue to be less than
2.76, and all the parties hereto agree to make good faith efforts to ensure that the wet weather peaking
factor on the flows to Unit J remains below 2.76.
4
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i
Revised Basic Agreement - Edna Joint Powers Authority
Ref: FdrHR.00.4441
lune 30,2000
:2-. 7 2. 7
9.2 Unit I Capacity Infringement. The member agencies agree to make available up to 5
percent of their respective shares of total capacities, as set forth in Section 9.1 through a reserve
capacity pool, in accordance with the following terms and conditions:
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9.2.1. Flow Calculation. For the purposes of calculating payments due for licensing
under this section, flows shall be based on measured (ADS) flows, to the maximum extent fwible.
Solids loading flows shall be based on the total flow originating within each member agency. Voting
rights, as described in Section 11 shall be in no way affected by temporary use of reserve capacity
under this section. Total Reserve Capacity is the total capacity shown in paragraph 9.2.7. below.
9.2.2. Monitoring of Capacitv Demand. Each agency shall provide monthly reports to
EWA regarding future capacity committed, based upon its acceptance of applications for or issuance
of any building permits, letters of availability, certificates or other entitlements for use which represent
that sewer capacity is available to the applicant or project, or which enforceable or practically commit
the agency to provide future sewer service. Reports shall be submitted in such form as the Board of
EWA may require. Before the measured and committed flows reach 75% of Encina's total capacity
(per Section 9-1), the EWA shall initiate a program to ensure adequate capacity to meet projected
needs.
9.2.3. Excess Use a Trespass. Any use of capacity in excess of 95% oftheir respective
share of Encina's total capacity (per Section 9.1) plus 50% of the Total Reserve Capacity, or otherwise
in violation of this section, shall be considered a trespass. At the request of any member agency,
EWA shall, and is hereby authorized to specifically enforce the terms of this section (Section 9.2)
against a member agency or agencies on behalf of the remaining member agencies, including through
cornmencement of a proceeding at law or equity. The parties agree that specific enforcement is a
proper remedy in that payment of damages is not an adequate remedy for the potential losses to any
member agency resulting from the loss of capacity. For example, replacement of capacity may be
impractical and the consequences for the economic development of the members are not readily
subject to quantification. Each member agency hereby consents to the commencement of such
action or actions by EWA, and waives any right it may have to further approval of such actions under
the joint powers agreement creating and establishing EWA. In addition to any injunctive relief, EWA
may seek consequential damages on behalf of the remaining member agencies. In any such action,
the prevailing party shall be entitled to attorney's fees and costs.
9.2.4. Indemnity and Hold Harmless. In addition to payment of the amount specified
herein, each agency agrees to indemnify, defend and hold harmless the EWA and the other member
agencies for any claim, demand, cost, penalty, fine or damage (including reasonable attorney's fees
and costs of investigation), arising out of its violation of this section, whether resulting from the
agency's active or passive, negligent or intentional act or failure to act to prevent a violation, and
notwithstanding the active or passive negligence of those member agencies which are in compliance
with the provisions of this section.
9.2.5. License Payments. When any member agency's flows exceed 100% of its
capacity allocation for the treatment of solids, and/or treatment and/or disposal of liquids, for any
continuous threemonth period, such member agency shall pay for the use of such capacity from the
reserve capacity pool in accord with the schedule of values, as adjusted each July 1 (commencing in
7
5
Revised Basic Agreement - Encina Joint Powers Authority
Ref: F&HR.-1
June 30,2ooo
July 1996) by updating the facility spreadsheet to include any additional and changed capital project
costs, and to reflect the current ENRLA construction cost index, as follows (see Exhibit Q:
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(a) Any portion of reserve up to 50% of Total Reserve Capacity:
$93,200
$1 55,800
$44,000
per MCD of Unit I liquid capacity per year
per MGD of Unit I solids capacity per year
per MGD of Unit J capacity per year
(b) The use of reserve amounts over 50% of Total Reserve Capacity
shalt be a violation of this section. In addition to any other remedy provided herein, or available to
EWA or the member agencies, an agency shall pay for such use:
$1 53,300
$259,700
$73,300
per MGD of Unit I liquid capacity per year
per MCD of Unit I solids capacity per year
per MGD of Unit J capacity per year
(c) Payments to member agencies wiih unused resetve shaft be made
annually. Payments from member agencies shall be made quarterly to the EWA and held in a special
account.
9.2.6. Restrictions on Use Over 40% of Reserve. If at any time any agency shall have
enforceable or practically committed to provide future sewer service which, when added to its then
existing actual flows, equals 95% of its allocated capacity (per Section 9.1) plus 40% of the Total
Reserve Capacity, such agency shall:
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(a) Immediately halt the acceptance or issuance of any building
permits, letters of availability, certificates or other entitlements for use which represent that sewer
capacity is the agency to provide future sewer service.
(b) Immediately inform EWA, in writing, that it has reached this
threshold, of the actions it has taken to implement 9.2.6(a) above, and of its intention to present a plan
to EWA, within 30 days, for capacity management to prevent the agency from exceeding use of 50%
of the Total Reserve Capacity.
9.2.7. Reserve Capacity. Reserve capacity shall be as folfows:
Member
Awncy
Vista
Carls bad
Boey -
Va I leci tos
Leucadia
Encinitas c
I Total .* -:
'._., ,
ufii:i' tiquid.
MGD Percentage
0.40. . _,._ ':::. .... 22.36%
0.46 25.67%
0.11 '"'1:. : -6i28,%
0.38 20.94%
0.36 ..:'- -: , 19,75%
0.09 5.00% .- .. .... ., , 1 .8$.:$:;7 1. .qv$&)%: :
.. c ~-;. . .% I- ....
.... .
L ... >: ., U"~lS0lids:
0;40;,[:;;~ .__ .2lJ8%
. gw%
MGD Percentage
0.46 24.32%
0.38 19.84%
0.09 4.74%
.I -.
.I.'. 1 :0;39., _. - .I '_ 9 - .- . . 20.68%
6
AGREEMENT FOR
OWNERSHIP, OPERATION, AND MAINTENANCE OF
THE VISTNCARLSBAD INTERCEPTOR SEWER
THIS AGREEMENT is made and entered into as of the 26th day of
February , 20%, 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 2/06/02
WHEREAS, on September 3, 1975, Vista and Carlsbad entered into an
agreement whereby Unit C (Buena Vista Pump Station), Unit D (Buena Vista Force
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 Authority shall operate 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 VistalCarlsbad Interceptor; and
WHEREAS, the Parties desire to enter into an agreement for ownership,
operation, and maintenance of the VistaKarlsbad 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
1.2 Preliminarv Desiqn Report. A report that investigates a proposed
improvement or enlargement to the VistalCarlsbad Interceptor 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
VCI through VCI6, 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,
authorized industrial discharges that are in compliance with the Encina Wastewater
Authority’s Source Control Program, and Inflowllnfiltration.
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 .I 0 Service Area. The Service Area shall be the sanitation sewer area sewed
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.
1.11 CaDacity. 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 (Le., Dld = 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
VistaKarlsbad 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 For the duration of this Agreement, each Party shall own and enjoy the
right to use eighty percent (80%) of the Capacity of the VistalCarlsbad Interceptor in the
proportions set forth in the table identified as "Vista/Carlsbad 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 VC1 1A 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
Interceptor. In the event a Party temporarily exceeds its capacity rights, it shall
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.
a 2/06/02
6.4 The Parties may, at their sole cost and expense, enlarge any pipeline
reach or pumping station or portion thereof of the VistalCarlsbad Interceptor in which 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 othetwise 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
completion of the improvement or enlargement of the VistalCarlsbad Interceptor and
benefit both Parties to the Project 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 VC1 through VC3
shall be the responsibility of Vista until the pipeline and manholes have been
rehabilitated or a replacement pipeline is constructed, finally accepted, and operational.
SECTION 10. 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
Agua Hedionda Pump Stations and force mains shall be prepared by the
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 VCI 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 11. 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 monitor 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 30day
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 wastewater 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 VistaKarlsbad 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 VlSTAlCARLSBAD 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
Each Party shall 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 negligence or willful 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
other Party and its officers 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,
and/or 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,
andlor fines by Regulatory Agencies.
For purposes of this section, the Lead Agency for the operation and
maintenance of existing Pipeline Reaches VC1 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
SECTION 20. NOTICE
Notice required or permitted under this Agreement shall 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
SECTION 22. MODIFICATION OF AGREEMENT
Agreement shall contain all 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
18 2/06/02
SECTION 25. TERM
The term of this Agreement will be effective for a period of twenty (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.
ATTEST: I ATEST: /
By: JOJEIBERT, City.Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
J. WAVE DERNETZ, CityAttorney RONALD R. BALL, City Attorney
19 2/06/02
Exhibit "A-2"
VistalCarlsbad Interceptor
Exhibit "A-3"
VistdCarlsbad 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 (Le.. Dld = 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 VistalCarlsbad 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
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. O&M costs will be increased 3% per )ear to adjust for inflation.
21 2/06/02
- section 9. MAINTENANCE CHARGE: I 1.. During such period as Carlsbad is authorized to use a portion of
tile capacity of the Encina Outfall, whether as lessee or owner of such
canacitv, Carlsbad ahall pay to Buena a share of the cost of the
maintenance and operation of $he Encina Outfall, said-share of the cost to
-1
1
I
he in proportion to the average flow of sewage discharged into the Encina 1 outfall through Carlsbad's connections to said outfall as compared to the
total average flow of eewane discharged into said Encina Outfall. .. 2. Buena shall bill Carlsbad for its share of the cost from time to'
E
E time, but at least annually, and Carlsbad shal1:pay its share of the coat
to Ruena within thirtv (30) davs after being so hilled. D 3. Ruena shall keep accurate records of i-ts cost of maintaininp and
onerating the Encina Outfall'and such records shall be 0pe.n to inspection 1-
,:arlsbad at all reasonable times.
Section 10. CBARGE AGAINST CAPACITY RIGHTS IN ENCINA TRRATYENT PLANT
AND OCEAN OUTFALL: All .sewage discharged into the Encina Outfall through
Carlshad's connection, under the terms of this ARreement and thereafrer
discharged into the Encina Treatment Plant, and al1,infiltration allocable
to Carlshad as determined by Section 8 of this Agreement, shall be charp,ed
#
I
il
I I
I
I against Carlsbad's capacity rights in and to the Encina Treatment Plant
and Ocean Outfall.
Section 11. REPAIRS: -The Encina Outfall Sewer ahall he maintained-by
Rriena in good repair and working order in accordance with sound
ennineerinp practices. It shall be the duty of Buena to make repairs an
said Encina Outfall required to keep'such outfall sewer in good operatinz
cr -lition. Except as provided in Section 12, the cost of all repairs shall.
be part of the maintenance costa of the Flncina Outfall.
I
P 5
n- G
PALOMAR JOINT LAND OUTFALL INTERCEPTOR INTERAGENCY
AGREEMENT
6-5
,.-
'I
E X H I 3 I T "A"
*
..
//
, -.. i I-
1
E X H I’B I T ‘‘B” *
Diana
Encinitas Estates
Village Park 5
10 2,300 AC ' 03-0100 1962
6 2,230 AC 05-9080 1974
6 1,945 PVC 06-0270 1974
1 Meadows3 1 6 1,187 AC 1 1-6095 1972
Village Park 7 '6
Rancho Verde 4
Meadows 1 4
3.4.4 Miscellaneous System Components
1,500 AC 07-0330 1 1973
460 PVC 10-12160 1997
860 I AC 1 1-6050 1971
3.4.4.1 ' In te r-Ag en cy Agreements
Wastewater collection systems operate primarily on a gravity' flow basis. However, political
boundaries are not ahays established to match natural drainage contours. As a result, some
portions of a given service area may drain in a undesirable direction, away from- the remainder of
the gravity collection system. In some of these cases, there is no viable way to avoid pumping, and - pump stations are constructed. In others, inter-agency agreements can be developed to allow the
wastewater flows to be conveyed into the collection system of an adjacent District or agency.
The DisthM has entered into several such agreements with both the Carlsbad Municipal Water
District, and the Cardiff Sanitation District. These agreements include Wastewater conveyance both
into and out of the District, and are sometimes located along the District boundary. Inter-agency
agreements are typically interim agreements designed to provide wastewater service to an isolated
development prior to construction of identified collection facilities, these agreements have a fixed
tern, and are eventually terminated. However, some agreements are designed to provide long-term
or permanent service to isolated developments. Under these circumstances, the agreement is
typically terminated when the isolated development is either annexed into or de-annexed from the
District. The following discussions provide a list of the current inter-agency agreements maintained
by the District:
8 Rancho Verde Unit 4. Cadsbad Tract 89-14 . The District's jurisdictional boundary includes
the City of Carlsbad Tract 89-1 8, also known as Rancho Verde Unit 4. This property was
approved by the City of Carlsba'd for an 18 lot residential subdivision. The City of Carlsbad
conditioned this development to annex to the District based on sewer availability. The
, topography of the property is such that wastewater collected on the property cannot gravity
LCWD WASTWA7ER SYSTW
.. ' MASTERPLAN - 27 - Dudek & Associates, inc.
July 1999 1493-88
VISTA/CARLSBAD AND NORTH AGUA HEDIONDA INTERCEPTOR FLOWS
Encina meter V1, City of Vista
Daily Flows for the month of August 2001
0.0
2.0
4.0
6.0
8.0
10.0
12.0
14.0
16.0
1 4 7 10 13 16 19 22 25Hourly Flow Rate (MGD)NoonMidnight Midnight
Weekend Flows
Weekday Flows
Encina meter C3, Vista and Carlsbad (VC & NAH) Flows
24-hr Daily Flows for the month of August 2001
0.0
2.0
4.0
6.0
8.0
10.0
12.0
14.0
16.0
1 4 7 10 13 16 19 22 25Hourly Flow Rate (MGD)NoonMidnight Midnight
Weekend Flows
Weekday Flows
Sewer Master Plan Update C-1 Dudek & Associates, Inc.
BUENA INTERCEPTOR BASELINE FLOWS
Encina meters B2 + V2, Buena Sanitation District & Vista (Raceway P.S.)
Daily Flows for the month of August 2001
0.0
0.5
1.0
1.5
2.0
2.5
3.0
3.5
4.0
4.5
5.0
5.5
6.0
1 4 7 101316192225Hourly Flow Rate (MGD)NoonMidnight Midnight
Encina meter B1, Buena, Vista and Carlsbad
Daily Flows for the month of August 2001
0.0
0.5
1.0
1.5
2.0
2.5
3.0
3.5
4.0
4.5
5.0
5.5
6.0
1 4 7 10 13 16 19 22 25Hourly Flow Rate (MGD)NoonMidnight Midnight
Sewer Master Plan Update C-2 Dudek Associates, Inc.
VALLECITOS INTERCEPTOR BASELINE FLOWS
Encina meter VA1, Vallecitos
Daily Flows for the month of August 2001
0.0
1.0
2.0
3.0
4.0
5.0
6.0
7.0
8.0
9.0
1 4 7 10 13 16 19 22 25Hourly Flow Rate (MGD)Encina meter C1, Vallecitos and Carlsbad
Daily Flows for the month of August 2001
0.0
1.0
2.0
3.0
4.0
5.0
6.0
7.0
8.0
9.0
1 4 7 101316192225Hourly Flow Rate (MGD)NoonMidnight Midnight
Sewer Master Plan Update C-3 Dudek & Associates, Inc.
NORTH BATIQUITOS INTERCEPTOR BASELINE FLOWS
Encina meter L1, Leucadia & Encinitas
Daily Flows for the month of August 2001
0.0
1.0
2.0
3.0
4.0
5.0
6.0
7.0
8.0
9.0
10.0
11.0
12.0
1 4 7 10 13 16 19 22 25Hourly Flow Rate (MGD)NoonMidnight Midnight
Encina meter C2, Leucadia, Encintas and Carlsbad
Daily Flows for the month of August 2001
0.0
1.0
2.0
3.0
4.0
5.0
6.0
7.0
8.0
9.0
10.0
11.0
12.0
1 4 7 10 13 16 19 22 25Hourly Flow Rate (MGD)NoonMidnight Midnight
Sewer Master Plan Update C-4 Dudek & Associates, Inc.
Encina meter V1, City of Vista
Rain Day Flow Comparison
0.0
2.0
4.0
6.0
8.0
10.0
12.0
14.0
16.0
18.0
20.0
00:00:00 03:00:00 06:00:00 09:00:00 12:00:00 15:00:00 18:00:00 21:00:00 00:00:00Flow Rate (MGD)2/3/98, 1.49 in
2/23/98, 1.63
1/11/01, 0.71 in.
2/13/01, 0.85 in.
ADWF, weekday
Encina meter C3, Vista/Carlsbad Interceptor
Rain Day Flow Comparison
0.0
2.0
4.0
6.0
8.0
10.0
12.0
14.0
16.0
18.0
20.0
00:00:00 03:00:00 06:00:00 09:00:00 12:00:00 15:00:00 18:00:00 21:00:00 00:00:00Flow Rate (MGD)2/3/98, 1.49 in
2/23/98, 1.63
1/11/01, 0.71 in.
2/13/01, 0.85 in.
ADWF, weekday
Sewer Master Plan Update C-5 Dudek & Associates, Inc.
Vista/Carlsbad Interceptor, C3
Rain Day Flow Comparison
0.0
2.0
4.0
6.0
8.0
10.0
12.0
14.0
16.0
18.0
20.0
00:00:00 03:00:00 06:00:00 09:00:00 12:00:00 15:00:00 18:00:00 21:00:00 00:00:00Flow Rate (MGD)11/24/01, 1.29 in.
ADWF, weekend
Vista, V1
Rain Day Flow Comparison
0.0
2.0
4.0
6.0
8.0
10.0
12.0
14.0
16.0
18.0
20.0
00:00:00 03:00:00 06:00:00 09:00:00 12:00:00 15:00:00 18:00:00 21:00:00 00:00:00Flow Rate (MGD)11/24/01, 1.29 in.
ADWF, weekend
Sewer Master Plan Update C-6 Dudek & Associates, Inc.
Buena Interceptor, B1
Rain Day Flow Comparison
0.0
1.0
2.0
3.0
4.0
5.0
6.0
7.0
8.0
00:00:00 03:00:00 06:00:00 09:00:00 12:00:00 15:00:00 18:00:00 21:00:00 00:00:00Flow Rate (MGD)2/3/98, 1.49 in2/23/98,1.63 in1/11/01, 0.71 in.2/13/01, 0.85 in.ADWF, weekday
Buena Interceptor, B1
Rain Day Flow Comparison
0.0
1.0
2.0
3.0
4.0
5.0
6.0
7.0
8.0
00:00:00 03:00:00 06:00:00 09:00:00 12:00:00 15:00:00 18:00:00 21:00:00 00:00:00Flow Rate (MGD)11/24/01, 1.29 in.
ADWF, weekend
Sewer Master Plan Update C-7 Dudek & Associates, Inc.
Buena Pump Station, B2
Rain Day Flow Comparison
0.0
1.0
2.0
3.0
4.0
5.0
6.0
00:00:00 03:00:00 06:00:00 09:00:00 12:00:00 15:00:00 18:00:00 21:00:00 00:00:00Flow Rate (MGD)2/03/98, 1.49 in
2/23/98,1.63 in
1/11/01, 0.71 in.
ADWF, weeday
Buena Pump Station, B2
Rain Day Flow Comparison
0.0
1.0
2.0
3.0
4.0
5.0
6.0
00:00:00 03:00:00 06:00:00 09:00:00 12:00:00 15:00:00 18:00:00 21:00:00 00:00:00Flow Rate (MGD)11/24/01, 1.29 in.
ADWF, weekend
Sewer Master Plan Update C-8 Dudek & Associates, Inc.
C-9
Vallecitos, VA1
Rain Day Flow Comparison
0.0
2.0
4.0
6.0
8.0
10.0
12.0
14.0
16.0
18.0
00:00:00 03:00:00 06:00:00 09:00:00 12:00:00 15:00:00 18:00:00 21:00:00 00:00:00Flow Rate (MGD)2/3/98, 1.49 in2/23/98,1.63 in1/11/01, 0.71 in.2/13/01, 0.85 in.ADWF, weekday
Vallecitos, VA1
Rain Day Flow Comparison
0.0
2.0
4.0
6.0
8.0
10.0
12.0
14.0
16.0
18.0
00:00:00 03:00:00 06:00:00 09:00:00 12:00:00 15:00:00 18:00:00 21:00:00 00:00:00Flow Rate (MGD)11/24/01, 1.29 in.
ADWF, weekend
Sewer Master Plan Update C-9 Dudek & Associates, Inc.
Vallecitos Interceptor C1
Rain Day Flow Comparison
0.0
1.0
2.0
3.0
4.0
5.0
6.0
7.0
8.0
9.0
10.0
11.0
12.0
00:00:00 03:00:00 06:00:00 09:00:00 12:00:00 15:00:00 18:00:00 21:00:00 00:00:00Flow Rate (MGD)2/3/98, 1.49 in2/23/98,1.63 in1/11/01, 0.71 in.2/13/01, 0.85 in.ADWF, weekday
Vallecitos C1
Rain Day Flow Comparison
0.0
1.0
2.0
3.0
4.0
5.0
6.0
7.0
8.0
9.0
10.0
11.0
12.0
00:00:00 03:00:00 06:00:00 09:00:00 12:00:00 15:00:00 18:00:00 21:00:00 00:00:00Flow Rate (MGD)11/24/01, 1.29 in.
ADWF, weekend
Sewer Master Plan Update C-10 Dudek & Associates, Inc.
Leucadia Encinitas, L1
Rain Day Flow Comparison
0.0
1.0
2.0
3.0
4.0
5.0
6.0
7.0
8.0
9.0
10.0
11.0
12.0
00:00:00 03:00:00 06:00:00 09:00:00 12:00:00 15:00:00 18:00:00 21:00:00 00:00:00Flow Rate (MGD)2/3/98, 1.49
2/23/98, 1.65 in1/11/01, 0.71 in.2/13/01, 0.85 in.ADWF, weekday
Leucadia/Encinitas, L1
Rain Day Flow Comparison
0.0
1.0
2.0
3.0
4.0
5.0
6.0
7.0
8.0
9.0
10.0
11.0
12.0
00:00:00 03:00:00 06:00:00 09:00:00 12:00:00 15:00:00 18:00:00 21:00:00 00:00:00
11/24/01, 1.29 in.
ADWF, weekend
Sewer Master Plan Update C-11 Dudek & Associates, Inc.
North Batiquitos Interceptor, C2
Rain Day Flow Comparison
0.0
1.0
2.0
3.0
4.0
5.0
6.0
7.0
8.0
9.0
10.0
11.0
12.0
00:00:00 03:00:00 06:00:00 09:00:00 12:00:00 15:00:00 18:00:00 21:00:00 00:00:00
2/3/98, 1.492/23/98, 1.65 in1/11/01, 0.71 in.2/13/01, 0.85 in.ADWF, weekday
North Batiquitos Interceptor, C2
Rain Day Flow Comparison
0.0
1.0
2.0
3.0
4.0
5.0
6.0
7.0
8.0
9.0
10.0
11.0
12.0
00:00:00 03:00:00 06:00:00 09:00:00 12:00:00 15:00:00 18:00:00 21:00:00 00:00:00Flow Rate (MGD)11/24/01, 1.29 in.
ADWF, weekend
Sewer Master Plan Update C-12 Dudek & Associates, Inc.