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HomeMy WebLinkAbout2015-03-10; City Council; 21887; Agreement West Influent PipelineCITY OF CARLSBAD - AGENDA BILL 12 AB# 21,887 APPROVAL OF AGREEMENT FOR OWNERSHIP, OPERATION AND MAINTENANCE OF THE WEST INFLUENT PIPEUNE DEPT. DIRECTOR DATE 03-10-15 APPROVAL OF AGREEMENT FOR OWNERSHIP, OPERATION AND MAINTENANCE OF THE WEST INFLUENT PIPEUNE GEN. COUNSEL (jU/C DEPT PW-UTIL APPROVAL OF AGREEMENT FOR OWNERSHIP, OPERATION AND MAINTENANCE OF THE WEST INFLUENT PIPEUNE EXEC. DIRECTOR l<rOiP' RECOMMENDED ACTION: Adopt Resolution No. 2015-062 to approve and authorize an Agreement between the City of Carlsbad, City of Encinitas, Leucadia Wastewater District, and the City of Vista, for ownership, operation and maintenance ofthe West Influent Pipeline. ITEM EXPLANATION: Background In October 2010, one ofthe four major pipelines feeding into the Encina Water Pollution Control Facility (EWPCF) collapsed, causing a significant wastewater spill at the treatment plant site. The pipeline, known as the West Influent Pipeline, was a 54 inch diameter spray lined, reinforced concrete pipe that was constructed in the early 1980's and failed due to significant internal corrosion. The pipeline was replaced with a 60 inch diameter fiberglass line during the emergency. At the time ofthe emergency, it was discovered that ownership ofthe West Influent Pipeline had never been clearly established. As such, the four agencies that contribute flows to the pipeline; including the City of Carlsbad, Leucadia Wastewater District, and Cities of Vista and Encinitas, began discussions to develop the Agreement for Ownership, Operation and Maintenance of the West Influent Pipeline. Project Description The existing West Influent Pipeline consists of a junction structure (manhole) located in Avenida Encinas just outside the EWPCF site and approximately 300 feet of pipeline that extends eastward into the EWPCF. Over the past four years, the agencies and their respective legal counsels have been working to develop this agreement in order to establish the ownership, operation and maintenance of the West Influent Pipeline Facilities. Other provisions ofthe agreement account for indemnity, future expansions, capacity rights, etc. DEPARTMENT CONTACT: Kirsten Plonka 760-438-2722 kirsten.plonka@carlsbadca.gov FOR SECRETARY USE. • BOARD ACTION: APPROVED • CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER - SEE MINUTES • AMENDED • REPORT RECEIVED • West Influent Pipeline Agreement March 10, 2015 Page 2 of 2 The City of Carlsbad has been established as the lead agency that is responsible for the maintenance ofthe pipeline and will bill the other three parties forthe operational costs on a prorated basis. Ownership ofthe pipeline has been established as follows: Agencies Percentage Ownership Capacity Ownership City of Carlsbad 34.8% 26.7824 MGD City of Encinitas 6.7% 5.1564 MGD Leucadia Wastewater District 26.1% 20.0868 MGD City of Vista 32.4% 24.9354 MGD TOTAL 100.0% 76.9610 MGD FISCAL IMPACT: Total project cost ofthe 2010 break and pipeline replacement was $1,652,346. The City of Carlsbad's portion was $554,964, of which $83,427 was refunded via insurance payments. The remainder was paid for by the additional owners according to the ownership percentages established in the table above. Since the West Pipeline was recently replaced, it is not anticipated that there will be significant capital or operating costs in the near future. ENVIRONMENTAL IMPACT: Pursuantto Public Resources Code Section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. PUBLIC NOTIFICATION: None required. EXHIBITS: 2. 3. Adopt Resolution No.2015-062tp approve and authorize an Agreement between the City of Carlsbad, City of Encinitas, Leucadia Wastewater District, and the City of Vista, for ownership, operation and maintenance ofthe West Influent Pipeline. Location Map. Project Agreement for the ownership, operation and maintenance of the West Influent Pipeline. EXHIBIT 1 RESOLUTION NO._2015-062 2 A RESOLUTION OF THE OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT FOR THE OWNERSHIP, OPERATION AND MAINTENANCE OF THE WEST 4 INFLUENT PIPELINE 5 6 7 8 9 WHEREAS; the Encina Wastewater Authority (EWA) is responsible for the operation, maintenance and administration ofthe Encina Water Pollution Control Facility; and WHEREAS, Leucadia Wastewater District, City of Carlsbad, Encinitas, and Vista are four of 2Q the six members ofthe Encina Joint Powers Authority which owns the Encina Pollution Control 11 Facility, and each member sends wastewater to that facility for treatment; and ^2 WHEREAS, the Leucadia Wastewater District, City of Carlsbad, Encinitas, and Vista each sends wastewater through an interceptor sewer segment referred to as the West Influent Pipeline; and WHEREAS, the West Influent Pipeline, was reconstructed by EWA in November 2010 with 13 14 15 16 Ij the cost paid for by the Leucadia Wastewater District, City of Carlsbad, Encinitas, and Vista; and 18 WHEREAS, EWA and the four users of the West Influent Pipeline desire to enter into a separate agreement for its ownership, operation and maintenance. NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Carlsbad, California, as follows that; 1. That the above recitations are true and correct. 19 20 21 22 23 24 2. The Mayor of the City of Carlsbad is hereby authorized and directed to execute the 25 Project Agreement to formally establish the ownership, operation and maintenance ofthe West 26 Influent Pipeline. 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council of the City of Carlsbad on the day of 2015, by the following vote to wit: AYES: NOES: Council Members Hall, Blackburn, Schumacher, Wood, Packard. None. ABSENT: None. MATT HALL, Mayor ATTEST: ELLEY COLLir/S,\CMC, Assistant City Clerk Co MH VISTA/CARLSBAD .INTERCERTOR.SBWER.- REACH VC15 INFLUENT JUNCTION STRUCTURE. -1- •JUNCWN STRUCTURE WEST INFLUENT PIPELINE NORTH DRIVEWAY •OCCIDENTAL SEWER ENCINA WATER POLLUTION CONTROL FACILITY NOT TO SCALE PROJECT NAME AGREEMENT FOR OWNERSHIP, OPERATION, AND MAINTENANCE OF THE WEST INFLUENT PIPELINE EXHIBIT fWm 8« SCOFT tYm PLOT MJEffy*/M MI)tO;\UWflltS «P«nKf«T\e£SBN flH«KW\S«»H\l«5Sr BftUUffmUNE ffflWrfllW EXHIBIT 3 AGREEMENT FOR THE OWNERSHIP, OPERATION, AND MAINTENANCE OF THE WEST INFLUENT PIPELINE THIS AGREEMENT is made and entered into as of .T>nL<'r^Mi:>t.y 9 . 2014, by and between the City of Vista, a chartered municipal corporation ("Vista"); the City of Carlsbad, a chartered munteipal corporation ("Carlsbad"); the Leucadia Wastewater District, a county water district ("LWD"); the City of Encinitas, a general law city ("Encinitas"), and the Encina Wastewater Authority, a public agency ("EWA"). These entitles are also individually refen'ed to as a "Party" and collectively as "Parties." RECITALS A. EWA is responsible for the operation, maintenance and administration of the Encina Water Pollution Control Facility. B. Vista, Carlsbad, LWD, arKl Encinitas are four of the six members of the Encina Joint Powers Authority that own the Encina Water Pollution Contral Facility, and each sends wastewater to that facility for treatnrient C. On February 26, 2002, Carlsbad and Vista entered into an agreement for the ownership, operation, and maintenance of the Vista/Carlsbad Interceptor. An interceptor sewer pipeline jointly owned by Vista and Carlsbad which extends to the Encina Water Pollution Control Facility. The indivkJual pipeline segments of the Vista/Carlsbad Interceptor have been commonly referred to as VC1 through VC16. This agreement was amended and restated on June 11,2013. D. The segment formerly known as VC16 has been reconstructed by EWA and paid for by Vista, Carlsbad, LWD, and Encinitas and is now known as the West Influent Pipeline. It receives flows firom both the Vista/Carlsbad Inta-ceptor and the Occidental line which serves and is owned, operated, and maintained by Carisbad, LWD, and Encinitas. E. The West Influent Pipeline begins at the confluence Junction structure of the V/O Interceptor Sewer and the Occidental Sewer as shown on the City of Carisbad Drawing Number 474-8 and terminates at the influait junction structure of the Encina Water Pollution Control Facility. The West Influent Pipeline includes the confluence junction structure but excludes all sewer pipeline connections to that structure. A schematic drawing of the West Influent Pipeline is attached as Exhibit A. F. The Parties desire to enter into an agreement for the ownership, operation, and maintenance ofthe West Influent Pipeline. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the Parties agree as fotlows: Section 1 DEFINITIONS For the purposes of this Agreement, the following terms shall have the meanings indicated; 1.1 Administrator. The Administrator shall be the individuals designated to administer the functions of the sewer system for that Party. For Vista, Carisbad, and Encinitas the WEST INFLUeJT PIPH-INE AGREEMENT Page 1 VlSTAVCAaSBADf wBsl imiuen ppdineagrwrnenllinal wsianfl 1-4.14) docx LWDENCINFTAS/BA/A Administrator is each City's City Manager or his or her designated representative. For LWD and EWA, the Administrator is the General Manager or his or her designated representative. 1.2 Capacitv. Capacity is identified in Exhibit B. 1.3 Improvement or Enlargement Costs. These include the cost of land, easements, rights-of-way, engineering, construction management, construction inspection, and construction. 1.4 Lead Agency. The Party identified in a Project Agreement as responsible for the planning, design, and construction of a given component of the West Influent Pipeline. 1.5 Ownership Interest Vista, Carlsbad, LWD, and Encinitas jointly own the West Influent Pipeline, and their respective ownership interests in the West Influent Pipeline is set forth in Exhibit B. For purposes of this ^reement, Vista, Carisbad, LWD, and Encinitas are refen'ed to collectively as the "Owners." 1.6 Proiect Agreement. A separate agreement between Owners that defines project- specrfic requirements of each Owner, cost sharing for design and constnjction, the method of cost accounting and the payment schedute for the improvement or enlargement of the West Influent Pipeline. 1.7 Wastewater. Wastewater shall be constmed to mean domestic sewage, authorized industrial discharges that are in comptiance with the EWA's Source Control Program, and Inflow/Infiltration. Section 2 JOINT PARTICIPATION The Owners shall participate jointly in the construction, ownership, maintenance, operatton, and use of the West Influent Pipeline, including the parts thereof which may be subsequently acquired or constructed for the improvement or enlargement thereof. The Owners shall pay for such construction, ownership, maintenance, operation, and use of the West Influent Pipeline in proportion to their respective Ownership Interests or as othenvise provided below. Sections CAPACITY RIGHTS 3.1 Each Owner has heretofore paid for its Ownership interest 3.2 No Owner may grant, encumber, limit, or restrict its interest in any part of the West Influent Pipeline for any purpose other than the disposal of wastewater, without the prior written approval of all the other Owners. 3.3 None of the Owners shall exceed their Capacity rights in the West Influent Pipeline. Any use of Capacity in excess of an Owner's Ownership Interest shall be considered a trespass. Any Owner is hereby authorized to speciflcally enforce the terms of this section against another Owner, including through commencement of a proceeding at law or equity. The Owners agree that specific enforcement is a proper remedy in that payment of damages is not an adequate remedy for the potential losses to any Owner resulting from the loss of Capacity. For example, replacement of Capacity may be impractical and the consequences for the economic development of an Owner are not readily subject to quantification. Each Owner hereby consents to the commencement of such action or actions and waives any right it may WESTINFLUBTTPIPELINEAGRKMENT Page Z VISTA/CARLSBAC^ «esl n«uentpip<iSnaeg'e«tTeMriiialvenuan(Tt-4-14)[]xx LWDOdNITAS/BA/A have to further approval of such actions under this Agreement. In addition to any injunctive relief, any Owner may sedk consequential damages. In any such action, the prevailing party shall be entitied to attomey's fees and costs. Section 4 ACQUISITION OF ADDITIONAL CAPACITY In tiie event any Owner requires capacity in the West Influent Pipeline in excess of ttie proportionate capacity allowed under this Agreement and the West Influent Pipeline is not being used by Uie otiier Owners to tiie full percentage of tiie totai capacity to which tiiey are entitled, tiie Owner requiring additional capacity may license, lease, or purchase such additional capacity from tiie otiier parties. Such license, lease, or purchase shall be accomplished by written agreement a copy of which shall be provided to each Owner, and Exhibit B will be deemed amended to conform to Bie new percentage. The value of tiie West Influent Pipeline as of April 2011 is $678,395. The replacement value of tiie West Influent Pipeline shall be calculated by multiplying the value as of April 2011, by Uie percentage change in tiie Engineering News Record Construction Cost Index for Los Angeles (ENRLA) for each calendar year starting witii 2012, then adding tiie resulting products to the original value of flie subject facility. Sectton 5 RESPONSiBILTY OF LEAD AGENCY Carisbad shall be the Lead Agency witii maintenance responsibility for tiie West Influent Pipeline, unless agreed upon othen/vise by a separate Project /i^reement. The Owners shall mutually agree on all recommendations for improvements and enlargements to the West Influent Pipeline; however, a separate Project Agreement shall be prepared and executed by the Owners for all future improvements and enlargements to ttie West Influent Pipeline and to determine the Lead iA^ency for that project. Section 6 IMPROVEMENTS OR ENLARGEMENTS OF THE WEST INFLUENT PIPELINE 6.1 As deemed necessary, the Owners shalt meet to discuss future improvements or enlargements of the West Influent Pipeline. Once it is agreed between tiie Owners that an improvement or enlargement is necessary, planning and design woric for the improvement or enlargement of Uie West bifluent Pipeline shall be prepared. Upon completion and acceptance by the Owners of the planning and design work schematically detailing an improvement or enlaipement, a Lead Agency will be designated that will prepare a Project Agreement which wilt identify the project specific requirements of each Owner including the cost sharing for design and construction. 6.2 When the Project Agreement has been accepted by the legislative body of each Owner, the Lead Agency under tiie Project Agreement shall engage tiie services of a consultant or consultants to prepare plans, specifications, and related materials necessary for tiie acquisition and construction of the improvements or enlargements. The specifications shall contain all appropriate hold harmless clauses, insurance requirements, and indemnifications for those agencies involved in tiie project 6.3 Upon compietion of Uie plans, specifications, and related materials, their approval by the other Owners, the acquisition of necessary lands and right-of-way, and at such time as the Owners are prepared to finance tiieir proportionate shares of the acquisition and construction cost including determining any maximum fonding commitments, the Lead Agency WEST INFLUBrr PIPH-INEAGREEMENT Page 3 VBTA/CAFa.SBAO' wst irtuem pp«ilpe atretrren nna version < 11.4.14) occx LWD/ENdNfTAS/B/VA under tiie Project Agreement shall advertise for bids forthe construction ofthe improvements or enlargements or such portion thereof as may be hereafter agreed to by ttie Owners. The decision to accept bids and award tiie constiuction contract shalt be the sole responsibility of the Lead Agency. The Lead Agency shall cause tfie worit to be inspected, administer the execution of Uie contract, and approve necessary change orders. All records for improvements or enlargements shall be permanently retained. Section 7 COST SHARING OF IMPROVEMENTS OR ENLARGEMENTS All impravement or enlargement costs of the West Influent Pipeline shall be bome and paid by tiie Owners in proportion to each Ownw's Ownership Interest or as otiienivise provided in tiie Project Agreement Should the percentage of capacity to be owned after improvements are constmcted vary firom Exhibit B, then Exhibit B shall be amended accordingly upon completion of constiuction. Section 8 OPERATIONS, MAINTENANCE, AND ACCESS 8.1 Carisbad shall be the Lead Agency for tiie operation and maintenance of ttie West Influent Pipeline and shall maintain it in good repair and working order in accordance witti recognized sound engineering practice. Carisbad shall maintain accurate records and accounts in connection with tiie operation and maintenance of the West Influent Pipeline for a minimum period of five years. These records and accounts shall be available for inspection by any otiier Party upon written request. 8.2 Operation and maintenance of the West Influent Pipeline shall include ttie labor, equipment, and materials required for daily operation and routine maintenance. Routine maintenance activities typically include annual visual inspections of the confluence junction stiucture, clearing around tiie sbuchjre, and replacement of corroded or damaged confluence junction stiucture appurtenances. Cleaning and CCTV inspections of tiie West Influent Pipeline will be perfonned at least every five years or as necessary to maintain tiie intended fljnction of the West Influent Pipeline. 8.3 EWA shall provide the Owners with access and any other cooperation reasonably necessary for the operation, maintenance, improvement and/or enlargement of ttie West Influent Pipeline in accordance with the ternis of this Agreement Sectfon 9 BUDGETING AND ACCOUNTING FOR OPERATION AND MAINTENANCE 9.1 The Owners shall share in ttie operation and maintenance expenses of the West Influent Pipeline in proportion to their respective Ownership Interests. Special inspections and cleaning not included as part of routine maintenance will be performed as necessary by Carisbad or a quafified conti-actor, as agreed by ail Owners, and invoiced to each Owner on a time and materials basis in proportion to each Owner's Ownership Interest Section 10 EMERGENCY REPAIRS OR RECONSTRUCTION 10.1 Carisbad shall be allowed to perform emergency repairs or reconstmction of Uie West Influent PipeBne, in whole or in part, without prior approval from ttie other Owners, as necessary to maintain the continuous operation of the system such that the need for repair or WEST INFLUB^T PIPH-INEAGR^IUIENT Page 4 VBTA/CARLSBADf w«t I nllueni ppelifw agreerrert «ndvar«(on(1t.4.14)dcici( OfiJDIB<CIN\TASI BNA reconsti-uction is necessary to prevent property damage or imminent danger to health and safety. 10.2 The Owners shall each pay ali cost of emergency repair or reconstruction ofttie West Influent Pipeline, or portion ttiereof, in proportion to tiieir Ownerehip Interests. Section 11 BUDGETING AND ACCOUNTING 11.1 Each Owner shall be stiictly accountable for all funds received and shall maintain adequate reconJs of all receipts and disbursements pursuant to this Agreement In addition, each Owner shall maintain such additional records relating to the acqiHsition, constmction, ownership, maintenance, operation, and use of tiie West Influent Pipeline as is appropriate. Each of the Owners, witii reasonable notice, has the right to inspect and examine ttie records of the other Owner insofar as such records relate to the West Influent Pipefine. 11.2 Each Owner shall maintain all records relating to the West influent Pipeline for a minimum of five years, except records for improvements or enlargements. Records for improvements or enlargements shall be kept permanently. Section 12 INSURANCE Each Owner shall maintain for ttie duration of tiie 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 witfi performance of tiie services of each Owner, tiieir agents, representatives, employees, or subconbactors. Each Party shall maintain workers' compensation coverage and limits as required by the California Labor Code. Section 13 WASTEWATER SPILLS 13.1 In Uie event of a wastewater spill from tfie West Influent Pipeline that occurs as a result of an unforeseen condition, where such wastewater spill could not have been prevented with nonnal and routine maintenance, then each Owner shall be responsible for tiie costs for cleanup and payment of any legal fines and expenses incurred in proportion to each Owner's Ownership Interest in the West Influent Pipeline. 13.2 An Owner, which by its sole negligence or willful misconduct, causes a wastewater spill shall be solely responsible for all costs for cleanup and payment of any legal fines and expenses incurred. Section 14 APPORTIONMENT OF LIABILITY 14.1 Any liability incunred by the Owners, which liability arises out of or in connection with the constiuction, operation, or maintenance of the West Influent Pipeline, shall be discharged by payment by each Owner in proportion to its Ownership interest 14.2. Notwttiistanding tiie provisions of Govemment Code Section 895.2. Owners shall, to the follest extent allowed by law, indemnify, defiend, and hold EWA and tiie member agencies of EWA which have no ownership interest in tiie West Influent Pipeline, tiieir officers, directors, agents, and employees hannless firom any and all claims, demands, liens, actions, liabilities, costs, and expenses, including attomey's fees, based upon or arising out of, or WEST NRUBIT PIPB.INE AGREEMENT Page 5 VISTA/CAPLSBACV wax rtti-ant ppelineagresmmHnd vsrson(11-4.14) docx LWC^HslCINrrAS/EWA claimed to have arisen out of, any act or omission by EWA related to tiiis Agreement, other than actual intentional orwiliftjl misconduct of an EWA employee, officer, or agent 14.3. Owners also agree to hold harmless and defend such agencies and EWA tiieir directors, officers, agents, and employees witii respect to claims or legal proceedings or judgments made, filed, or presented against the foregoing, by reason of Owners', or their officers', agents', or employees' negligence, intentional or willfol misconduct reganJing the West Influent Pipeline during the term of this Agreement. Section 15 NOTICE Any notice or demand which may or must be given or made by a Party under the terms of tills Agreement or any statute or ordinance shalt be in writing; and shaii be deemed received on: (a) the day of delivery if delivered by hand (including ovemight courier service) during receiving Partys regular business hours or by facsimile before or during receiving Party's regular business hours; or (b) Uie day of delivery shown on a retum receipt for registered or certified United States mail. Section 16 SETTLEMENT OF DISPUTES OR CONTROVERSIES Should any dispute or controversy arise in connection witii this Agreement or in connection with ttie acquisition, constmction, maintenance, operation, repair, reconstiuction, or enlargement of tiie West bifluent Pipeline or in connection with any of the affairs or operation thereof, or the execution of the term of ttiis Agreement, the Parties shall make reasonable efforts to resolve the dispute. In the event tiiat the Parb'es are unable to reach a resolution to the dispute and prior to initiating any l^al action, tiie Parties shall select a neutial mediator to assist in ttie resolution of tiie dispute. Each Party shall share equally in the cost of tiie mediator. Section 17 MODIFICATION OF AGREEMENT This Agreement shall contain all of tiie temis and conditions made between the Parties hereto and shall not be amended except by an agreement In writing signed by all Parties. Section 18 SEVERABILITY If any section, subsection, sentence, clause, phrase, or word of tills Agreement, or tiie application thereof, to any Party, to any other person or circumstance is for any reason held invalid, it shall be deemed severable and the validity of the remainder of tiie Agreement or the application of such provision to ttie otiier Parties, or to any other person or circumstance shall not be affected tiiereby. Each Party hereby declares that it would have entered into this Agreement and each section, subsection, sentence, clause, phrase, and word ttiereof in-espective of tiie fact that one or more section, subsection, sentence, clause, phrase, or word, or tiie application ttiereof to any Party or any otiier person or circumstance be held invalid. Section 18 COUNTERPARTS AND EXHIBITS This /^reement may be executed in any number of counterparts, each of wNch shall be deemed an original, but all of which, taken togettier, shall constitute one and the same instmment. All documents referenced as exhibits In tills Agreement are hereby incorporated in this Agreement in tiie event of any material discrepancy between the express provisions of this Agreement and Hie provisions of any exhibit, ttie provisions of tiiis Agreement shall prevail. WEST INFLUBJT PIPELINE AGREEMENT Page 6 VISTA/CARLSBAO west inKuent pipellnsagreeinnifinal version(11.4.14} itex L\AC/B^NrrAS/BAt^ 11 Sectfon 19 TERM The initial Termination Date of this Agreement will be 20 years from tiie date flrst above written. This Agreement shall automatically renew as provided below unless a Party gives written notice of non-renewal at least 12 calendar months prior to the initial Termination Date or any succeeding Termination Date. Unless such notice of non-renewal is timely given, this Agreement shall automatically renew for an additional 10 years, and a new Termination Date shall be accordingly established. IN WITNESS WHEREOF, each Party has, pursuant to resolution duly passed and adopted by its respective goveming body, approved this Agreement and caused it to be executed and be effective as of tiie date first above written. CITY OF VISTA a chartered municipal corporation By:. ER. Mayor ATTEST: Marci Killian, City Clerk Bv: ^^^g^^^l^ APPROVED AS TO FORM: Darold Piepw^ APPROVED^ Darold Pieper f704 imu CITY OF ENCINITAS, a general law city CITY OF CARLSBAO, a chartered municipal corporation MATT HALL, Mayor ATTEST: By: City Clerk P.Utl)l0^i/v^ t7 APPROVED AS TOiebRM: Celia A. Brewer, City Aftorney By: LEUCADIA WASTEWATER DISTRICT, a county sanitation district By:, KRISTIN CASPAR, Mayor By;. DAVID KULCHIN. Pr^ident ATTEST: Kathy Hollywood, City Clerk By: ATTEST: Paul J. Bushee, Secretary By: APPROVED AS TO FORM Glenn Sabine, City Attomey APPROVED AS TO FORM: Wayne Brechtel, District Counsel By: By:, WEST IMFLUSIT PIPELINEAGRBEMENT «ciM irtlusn pMiia xfeensn llnal \ersian(l i-4-14{ docx Page 7 VroVCARLSBAD' LWDfB>ClNrrAS/EWA ENCINA WASTEWATER AUTHORITY By: ATTEST: By: APPROVED AS TO FORM: Gregory Moser, General Counsel By: WEST NFLUBJT PIPB.INEAGREEMENT Page 8 VISTA/CftRLSBADf wm inllJBt ppdins agminirttind \arson<11.4.14) docx LWD^BVONfTAS/B/Vn 13 Co MH O VISTA/CARLSBAD INTERCEPTOR SEWER REACH VC15 INFLUENT JUNCTION STRUCTURE- -JUNCTION STRUCTURE WEST INFLUENT PIPELINE NORTH DRIVEWAY •OCCIDENTAL SEWER ENCINA WATER POLLUTION CONTROL FACILITY NOT TO SCALE PROJECT NAME AGREEMENT FOR OWNERSHIP, OPERATION, AND MAINTENANCE OF THE WEST INFLUENT PIPELINE EXHIBIT A PLOTTED BY: SCOTT EVANS PLOT DATE: 11/6/14 PATH:D: \UT1UT1ES DEPARTUENT\DESIGN DIVISION\SMnH\tlEST INFLUENT PIPELINE EXHIBIT.DWG PIPELINE CAPACITY EXHIBFT B The Capacity of West Influent Pipeline is 76.961 IVIGD. The percentage ownership and capacity ownership of each of the Owners is shown below: Percentage Ownership Capacity Ownership City of Carisbad 34.8% 26.7824 MGD City of Encinitas 6.7% 5.1564 MGD Leucadia Wastewater District 26.1% 20.0868 MGD City of Vista 32.4% 24.9354 MGD Total 100.0% 76.9610 MGD PROJECT NAME AGREEMENT FOR OWNERSHIP, OPERATION, AND MAINTENANCE OF THE WEST INFLUENT PIPELINE EXHIBIT B \6