HomeMy WebLinkAbout2005-06-28; City Council; 18183; Rehabilitation of Vista/Carlsbad Interceptor SewerCITY OF CARLSBAD - AGENDA BILL
TITLE:
AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CITY OF VISTA FOR THE REHABILITATION OF THE VISTNCARLSBAD INTERCEPTOR SEWER, REACHES VC1 THROUGH VC3, PROJECT NO. 3867
B# 18,183
ITG. 6/28/05
EPT. ENG
DEPT. HD.
CITY ATTY.
RECOMMENDED ACTION:
Adopt Resolution No. 2005-208 authorizing the Mayor to execute the agreement between the
City of Carlsbad and the City of Vista for the rehabilitation of Reaches VC1 through VC3 of the
VistdCarlsbad Interceptor Sewer, Project No. 3867.
ITEM EXPLANATION:
The existing VistdCarlsbad Interceptor Sewer conveys sewage from the City of Carlsbad and the
City of Vista. Generally, Reaches VC1 through VC3 of the interceptor parallels the City of Carlsbad’s
northern boundary, from its eastern boundary with Vista, to the Buena Vista Lift Station located near
Highway 78 and Jefferson Street, see Exhibit “A.” Carlsbad and Vista are joint owners of the pipeline
and have mutually recognized and agreed that it is essential to address the deteriorated condition of
Reaches VC1 through VC3.
Carlsbad and Vista have previously entered into an agreement dated February 26, 2002 for the
ownership, operation, and maintenance of the VistdCarlsbad Interceptor Sewer (“Ownership
Agreement”). In accordance with the terms of the Ownership Agreement, the attached project
agreement (“Project Agreement”) has been prepared to address the terms for the rehabilitation of
the VistdCarlsbad Interceptor Sewer, Reaches VC1 through VC3 (“Project”). This Project
Agreement establishes the project specific responsibilities, the cost allocation and the payment
schedule for each City. According to the Ownership Agreement, Vista is the lead agency for the
Project. Therefore, Vista is responsible for the Project design and administration of the construction
contract. As a result, Carlsbad will make payments to Vista for its proportionate costs.
ENVIRONMENTAL REVIEW:
The City of Carlsbad Planning Commission adopted Resolution No. 5765 approving Coastal
Development Permit CDP 03-05 on October 20, 2004. A Negative Declaration was certified by the
City of Oceanside on February 23,2004 as prepared by the Lead Agency City of Vista under CEQA
Guidelines Section 151 62.
Page 2 of Agenda Bill No. 18,183
FISCAL IMPACT:
Allocation of Project costs will be directly related to each Party’s percentage of capacity ownership
as shown in the Ownership Agreement. Construction costs include the construction contract and
necessary and mutually beneficial change orders. The total estimated project cost is $3,358,612.
Carlsbad’s share of the total estimated cost is $306,818. The payment shall be paid to Vista upon
Vista’s issuance of a Notice to Proceed.
The project summary is shown below:
A detailed breakdown of actual and estimated project costs and cost distribution is provided in the
Project Agreement. There are sufficient Sewer Replacement Fund appropriations available for the
Project.
EXHIBITS:
1. Location Map.
2. Resolution No. 2005-208 authorizing the Mayor to execute the agreement between the
City of Carlsbad and the City of Vista for the rehabilitation of Reaches VC1 through VC3 of
the VistdCarlsbad Interceptor Sewer, Project No. 3867.
3. Project Agreement for the VistdCarlsbad Interceptor Sewer, Reaches VC1 through VC3.
4. Existing Agreement for Ownership, Operation, and Maintenance of the VistdCarlsbad
Interceptor Sewer, dated February 26, 2002.
DEPARTMENT CONTACT: Terry Smith, (760) 602-2765, tsmit@ci.carlsbad.ca.us
LOCATION MAP
PROJECT NAME:
VISTA/CARLSBAD INTERSEPTOR SEWER
REACHES VCI THROUGH VC3
SITE A
PROJECT NUMBER:
3867
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REACHES VCI THROUGH VC3
VISTA/CARLSBAD INTERCEPTOR SEWER 3
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NOT TO SCALE
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REACH VC4 FORCE (MAIN) v v
EXHl BIT
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RESOLUTION NO. 2005-208
A RESOLUTION OF THE CITY COUNCIL 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 REHABILITATION
OF THE VISTNCARLSBAD INTERCEPTOR SEWER, REACHES
VC1 THROUGH VC3, PROJECT NO. 3867.
WHEREAS, the VistdCarlsbad Interceptor Sewer conveys sewage from the City of
Carlsbad (CARLSBAD) and the City of Vista (VISTA); and
WHEREAS, reach VC1 through VC3 of the VistalCarlsbad Interceptor Sewer is located
within the City boundary of the City of Carlsbad; and
WHEREAS, Carlsbad and Vista have previously entered into an agreement dated
February 26, 2002 for the ownership, operation, and maintenance of the VistalCarlsbad
Interceptor Sewer; and
WHEREAS, CARLSBAD and VISTA, as joint owners of the VistalCarlsbad Interceptor
Sewer, acknowledge the importance of upgrading its sewage facilities to protect the environment
and public health; and
WHEREAS, CARLSBAD and VISTA desire to rehabilitate the interceptor sewer which has
deteriorated in the corrosive sewer environment; and
WHEREAS, CARLSBAD and VISTA have prepared an agreement to establish the
responsibility for the management and cost sharing of project costs for the VistalCarlsbad
Interceptor Sewer Rehabilitation Project, Reaches VC1 through VC3; and
WHEREAS, there are sufficient Sewer Replacement Fund appropriations available for the
project; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
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2. That in the best interest of cooperation between CARLSBAD and VISTA, the
3ityCouncil of the City of Carlsbad hereby authorizes the Mayor to execute the agreement
letween the City of Carlsbad and the City of Vista for the rehabilitation of the VistdCarlsbad
nterceptor Sewer, Reaches VC1 through VC3.
3. That City Council authorizes the City’s Finance Director to pay the City of Vista the
:ost share for this project as defined in the agreement between the City of Carlsbad and the
3ity of Vista for the construction of the Project.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
ield on the 28thday of JUNE , 2005 by the following vote, to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
4TTEST
(SEAL)
5
PROJECT AGREEMENT FOR
VISTAKARLSBAD INTERCEPTOR SEWER
REACHES VC1 THROUGH VC3
THIS AGREEMENT for the VistdCarlsbad Interceptor Sewer, Reaches VC1 through VC3 (“Agreement”) is made and entered into as of the 28th day of June ,
2005, 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, on February 26, 2002, Vista and Carlsbad entered into an agreement for the
ownership, operation and maintenance of the VistdCarlsbad Interceptor Sewer (“Ownership
Agreement”), the terms of which are incorporated herein by this reference; and
WHEREAS, a condition assessment on reaches VC1 through VC3 of the VistdCarlsbad
Interceptor Sewer has been performed and the Parties agree that it is necessary to repair and/or
replace reaches VC1 through VC3 of the VistdCarlsbad Interceptor Sewer; and
WHEREAS, the Sewer Master Plans for Vista and Carlsbad include a recommendation
that reach VC3 be replaced with a larger pipe to increase the capacity for future sewer flows; and
WHEREAS, the parties agree that it is essential at this time to first address the
deteriorating condition of VC3 and that a future project will be prepared to address capacity
issues; and
WHEREAS, Section 9.3 of the Ownership Agreement provides that upon completion of
this project, Carlsbad will be responsible for the operation and maintenance of pipeline reaches
VC1 through VC3 as defined in Sections 9.1 and 9.2 with of the Ownership Agreement; and
WHEREAS, Vista has selected consultants and has completed the pre-design report,
design, and construction contract documents for the rehabilitation of reaches VCl through VC3
of the VistdCarlsbad Interceptor Sewer; and
WHEREAS, the Parties are entering into this Agreement in order to establish the
responsibilities of each Party during construction, their respective share of the construction phase
costs, and establishment of the cost accounting procedures and payment schedule.
NOW THEREFORE, THE PARTIES HERETO AGREE TO THE FOLLOWING:
SECTION 1. PROJECT DESCRIPTION
The VistdCarlsbad Interceptor Sewer, Reaches VC1 through VC3 (the “Project”) is a
sewer project which repairs a portion of the VistdCarlsbad Interceptor Sewer from the Vista flow
metering station located west of College Boulevard and south of State Route 78 to the Buena
Vista Pump Station located on Jefferson Street immediately south of State Route 78 shown on
-1- 5/24/2005
Exhibit “A”. This Agreement pertains to the respective responsibilities of the’ Parties relative
solely to the construction of the interceptor sewer (“Interceptor”) portion of the Project. The
major elements of the Interceptor construction are as follows:
A. Repair of approximately 958 lineal feet of 36-inch diameter interceptor sewer
identified herein as a portion of reach VC1.
B. Repair of approximately 328 lineal feet of 42-inch diameter interceptor sewer
identified herein as a portion of reach VC2.
C. Rehabilitation of approximately thirty-five (35) sewer manholes and junction
structures within reaches VC1 through VC2.
D. Replacement of one (1) sewer manhole (MH No. 43) within reach VC1.
E. Repair of approximately 3238 lineal feet of 36-inch diameter interceptor sewer
identified herein as reach VC3.
F. Acquisition of any required Right of Way.
G. The duration of the Project is approximately 180 working days.
SECTION 2. RESPONSIBILITIES OF THE LEAD AGENCY
Vista shall be the Lead Agency for the Project and will be responsible for the bidding and
administration of construction activities, including fiscal management for the Project.
All collector sewer improvements, sewer connections, and street resurfacing which are included
in the Project are the sole responsibility of Vista unless specifically addressed below. As Lead
Agency, Vista shall have sole authority to approve, bid, and award contracts and individual
construction change orders. Change order costs will be shared by the Parties in proportion to
their capacity ownership defined herein to the extent that the change order is necessary and
beneficial for both Parties. Vista staff shall keep Carlsbad staff informed about any significant
project developments, particularly those that may lead to a change order.
Vista shall promptly notify Carlsbad upon execution of any contract or change order
associated with the project with a statement as the extent to which the contract or change order is
beneficial to Carlsbad. Carlsbad shall promptly notify Vista of any dispute with this statement in
writing. Any disagreement shall be handled in accordance with Section 21 of the Ownership
Agreement.
SECTION 3. CAPACITY OWNERSHIP RIGHTS
Capacity ownership percentages for each pipeline Reach are shown in Exhibit “B” and
were developed in the Ownership Agreement.
-2- 5/24/2005
SECTION 4. ALLOCATION OF COSTS
Allocation of Pre-Design, Design, and Permitting I Environmental and NACE specialty
inspection costs are as shown in Exhibit “B”, allocated at 90% Vista, 10% Carlsbad, recognizing
that the majority of the effort is spent in VC3 for which ownership is 89.6% Vista, 10.4%
Carlsbad.
Allocation of construction costs shall be directly related to each Party’s percentage of
capacity ownership as developed in the Ownership Agreement and shown in Exhibit “B”.
Construction costs shall include the construction contract and necessary and mutually beneficial
change orders. Overhead shall include staff administration, construction management services,
submittal review, inspection, and materials testing. Vista shall be entitled to recover overhead
costs at fifteen percent (15%) of the Carlsbad share of the project costs for the Project, including
pre-design and design.
SECTION 5. COST ACCOUNTING
Vista shall be responsible for the administration and accounting of all expenditures
related to the construction of the Project. The Parties agree that Carlsbad will pay their portion
of the $3,358,612 in actual and estimated costs shown in Exhibit “B” to Vista in one (1) payment
of $306,818. The payment shall be paid to Vista upon Vista’s issuance of a Notice to Proceed.
Final accounting of the costs will be made after the Notice of completion is filed. Vista will issue
a final invoice or reimburse excess remaining funds, to Carlsbad at that time. Vista will also
issue a quarterly report to Carlsbad which will summarize the status of the project and include
the following information:
A. A cost accounting that will identify total Project expenditures.
B. A brief Project status which will identify progress and schedule issues, approved
change orders, pending change orders and any significant project issues.
SECTION 6. 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
-3- 5/24/2005
SECTION 7. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to, embody the entire
agreement and understanding between the Parties relating to the subject matter hereof. In case of
conflict between this Agreement and the Ownership Agreement, the terns of the Ownership
Agreement shall prevail.
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: MORRIS VANCE, Mayor
ATTEST: ATTEST:
By:% w
MhCI KILdIAN, Acting City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM: i
terim City Attorney RONALD R. BALL, City Attorney
BY:
-4- 51 2412005
. ..
Exhibit A - Vicinity Map
d
-5- 5/24/2005
City of Vista
June 30,2005
Lorraine M. Wood
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
RE: Project Agreement between the City of Vista and the City of Carlsbad
for VisWCarlsbad Interceptor Sewer Reaches VC1- VC3
Dear Ms. Wood:
At the Vista City Council Meeting held on June 28,2005, the City Council
adopted Resolution No. 2005- 168, approving the above-referenced agreement.
Attached is a copy of the resolution for your file.
We have enclosed one original and one copy of the agreement for signature by
Mayor Lewis. Please note, signatures by the Deputy City Attorney and City
Clerk are also required. Upon execution, please keep the copy for your record,
and return the original to:
City Clerk
City of Vista
P. 0. Box 1988
Vista, CA 92085
Thank you for your attention to the above. Should you have any questions,
please contact Carlos Mendoza, Senior Engineer, at (760) 726-1340, ext. 1323.
Sincere1 y, .
Rita R. Turnbull
Office of the City Clerk
enc.
c: Carlos Mendoza, Senior Engineer
600 Eucalyptus Avenue PO. Box 1988 *Vista, California 92085 (760) 726-1340 www.ci.vista.ca.us
RESOLUTION NO. 2005 - 168
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISTA,
CALIFORNIA, APPROVING THE VISTNCARLSBAD INTERCEPTOR
SEWER PROJECT AGREEMENT FOR REACHES VC1 TO VC3
WHEREAS, the City of Vista and the City of Carlsbad jointly own
the Vista/Carlsbad Interceptor Sewer (“Interceptor”) under an agreement
dated February 26,2002; and
WHEREAS, the parties desire to enter into a project agreement for
the repair and replacement of the Interceptor between portions identified
as VICI to ViC3,
NOW, THEREFORE, BE IT RESOLVED, as follows:
1.
VC1 through VC3 dated June 28,2005 is approved.
The Project Agreement for VistaICarlsbad Interceptor Sewer Reaches
2. The Mayor is authorized to sign the agreement on behalf of the City.
PASSED AND ADOPTED, on the 28h day of June, 2005, at a meeting of the City
Council by the following votes:
AYES: GRONKE, LOPEZ, RITTER, MAYOR VANCE
NOES: NONE
ABSTAIN: NONE dm6d*
MORRIS B. VANCE, Mayor
ATTEST:
Marci Kilian, Acting City Clerk
.- By: “It?aALc &A w
L J
July 8, 2005
Rita R. Turnbull
Office of the City Clerk
City of Vista
P. 0. Box 1988
Vista, CA 92085
Re: Fully signed project agreement for the VistdCarlsbad Interceptor
Sewer Reaches VC1- VC3
Enclosed is a fully signed original agreement for the VistdCarlsbad Interceptor
Sewer Reaches VC1 - VC3.
If you have any questions, please contact Mark Biskup, Associate Engineer, at
(760) 602-2763.
ISABELLE J. PAULSEN, CMC
Deputy Clerk
Enclosure
1200 Carlsbad Village Drive Carlsbad, CA 92008-1 989 (760) 434-2808 @
I . 1
AGREEMENT FOR
OWNERSHIP, OPERATION, AND MAINTENANCE OF
THE VISTNCARLSBAD INTERCEPTOR SEWER
THIS AGREEMENT is made and entered into as of the
February
26th day of
, 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
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WHEREAS, on September 3, 9975, 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 sofe
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
VistaKarlsbad Interceptor" was prepared by Carlsbad and submitted to Vista
designating a "trigger mechanism" to start construction of replacement pipelines on the
Vista/Carlsbad Interceptor; and
WHEREAS, pursuant to Article 1, Chapter 5, Division 7, Title 1 of the California
Government Code, the Partjes 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
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WHEREAS, Section I2,l.Z 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 Vista/Carlsbad Interceptor; and
WHEREAS, the Parties desire to enter into an agreement for ownership,
operation, and maintenance of the Vista/Carlsbad 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-l", "A-2" and "A-3" and
incorporated herein by reference.
THEREFORE, THE PARTIES HERETO AGREE TO THE FOLLOWING:
SECTION I. DEFINITIONS
For the purposes of this agreement, the following terms shall have the meanings
indicated:
1. I VistaKarlsbad InterceDtor. 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-1". "A-2'' and "A-3" .
3 2106102
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1.2 Preliminarv Desim RePort. A report that investigates a proposed
improvement or enlargement to the VistdCarlsbad 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 hidher designated representative.
1.4 Lead Aaency. The Party to Project Agreements given responsibility for
planning, design, and construction of a given component of the Vista/Carlsbad
Interceptor.
1.5 Pbeline Reach. A portion or segment of the VistdCarlsbad 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-1", *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 mm2 r I 2)
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 Inflow/lnfiltration.
1.8 IrnDrovement or Enlarcrement 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 Patty, 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 Vista/Carfsbad Interceptor.
1 .I 0 Service Area. The Service Area shall be the sanitation sewer area served
by the City of Vista or the City of Carfsbad. It shall not include the sanitation sewer
area of Buena Sanitation District unless approved by the Parties in writing.
1.11 CaDac-Ry. 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 (0) 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
VisWCarlsbad 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 Vista/Carlsbad Interceptor in the proportions hereinafter shown in
Exhibit B.
5 2/06/02 /b
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 VistaKarlsbad 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 Vista/Carlsbad 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 Vista/Carisbad 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 Vista/Carlsbad 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 VCSB through VCI 1A of the Vista/Carlsbad Interceptor and subject
to a separate Project Agreement as addressed in Section 5.
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3.4 Neither Party shall exceed their capacity rights in the Vista/CarIsbad
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 VistdCarlsbad lnterceptor in
excess of the proportionate capacity allocated under this Agreement, and the
Vista/Carlsbad 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
Carisbad shall be the Lead Agency with responsibility for the VistdCarlsbad
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 VistdCarlsbad Interceptor. A separate Project
Agreement shall be prepared and executed by the Parties for all future improvements
and enlargements to the VistdCarlsbad Interceptor and to determine the Lead Agency
for the Project Agreement .
7 2/08/02
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 VistdCarlsbad 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 Vista/CarIsbad 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 materiats, 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.
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6.4 The Parties may, at their sole cost and expense, enlarge any pipeline
reach or pumping station or portion thereof of the Vista/Carlsbad 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 VistdCarlsbad Interceptor shall be acquired in the name of Carfsbad 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 VistaKarlsbad 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 shalt 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 SHARfNG OF IMPROVEMENTS OR ENLARGEMENTS
8.1 All improvement or enlargement costs of the VistdCarlsbad 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
except as otherwise required by
'necessary and beneficial" shall
Reach listed in the table attached as Exhibit "B",
Section 6.4 of this Agreement. Under this section
mean those expenses that are necessary for the
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completion of the improvement or enlargement of the VistdCarlsbad 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. I Operation and maintenance of the VistdCarlsbad 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 VisWCarlsbad Interceptor. Cleaning and special inspections
shall not be considered to be routine annual maintenance.
9.2 Carlsbad shall operate and maintain the VistdCarlsbad fnterceptot,
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 VistdCarlsbad 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 Administrator/Operator 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
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each Party. Operation and mafntenance 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
MAtNTENANCE
10.1 Annual expenses for routine operation and maintenance of the
VistdCarlsbad 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 VistdCadsbad
Interceptor as identified in Section 9.1.
10.2 Carlsbad and Vista shall share in the operation and maintenance
expenses of the VistdCarIsbad Interceptor, except as stated othenrvise in Section 10.3,
based on the approximate ownership of each Party at the mid-point of the sewer.
Vistashall be responsible for seventy-five percent (75%) and Carlsbad shall be
responsible for twenty-five percent (25%) of alf O&M expenses . Annually, on or around
July 1 of each year, Carisbad 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.
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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
Administrator/Operator 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 VCl 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
1 1 .l Carfsbad shall be allowed to perform emergency repairs or reconstruction
of the VistdCarlsbad 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
VistaKarlsbad Interceptor, or portion thereof, in the same proportion as the Parties own
capacity in the Vista/Carlsbad Interceptor as provided in attached Exhibit "B".
SECTION 12. MEASUREMENT OF SEWAGE FLOW/CAPACITY MONITORING
Flows in the VistdCartsbad 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.
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Additional flow monitoring may be performed by ejther 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 Vista/Carlsbad 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 VistdCadsbad 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 VistaKarlsbad 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 Setvice Area to reduce Inflow and Infiltration to acceptable
levels.
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13.3 No Party to this Agreement shall allow cooling water or other unpolluted
industrial wastewater to be discharged directly or indirectly into the VistaEarlsbad
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 VistdCarlsbad tnterceptor 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 Vista/Carlsbad 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
PoMtion Control Facility, and any city having jurisdlction over the collection,
transmission, treatment and disposal of sewage and wastes.
SECTION 15. CONNECTION TO VISTNCARLSBAD INTERCEPTOR
Connections to the VistdCarlsbad Interceptor shall be made only at manholes.
Only coflection or trunk sewer lines may be connected to the VistdCarlsbad 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.
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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 VistaEarisbad
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 Vista/Carlsbad 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 Vista/Carlsbad 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.
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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,
and/or 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.
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SECTION 20. NOTICE
Notice required or permitted under this Agreement shall be provided in writing,
either sewed 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
Vista/Carlsbad 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.
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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 deciares
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.
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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: f ATTEST: /
By: JOFIBtRT, City-Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
J. WAyNE DERNETZ, CityAttorney RONALD R. BALL, City Attorney
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Exhibit "A-2"
VistaICarlsbad t nterceptor
Exhibit "A-3"
Vis WC a r Is bad Interceptor
EXH IBlT "B"
VISTNCARLSBAD [NTERCEPTOR SEWER SYSTEM
Capacity Rights
a) Pipe capacity is based on a depth of flow (D) to pipe diameter (d) ratio of one (Le., D/d = 1) and
Manning's "n" value of 0.01 3, 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.
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EXH I 8 IT " C "
VISTNCARLSBAD INTERCEPTOR SEWER
ANNUAL OPERATlON & 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 year to adjust br inflation,
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