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HomeMy WebLinkAbout2015-06-09; City Council; 21984; Agreement Buena Sewer Odor Control Unit 5501CITY OF CARLSBAD-AGENDA BILL AB# 21,984 DATE 06-09-15 DEPT. PW-UTIL APPROVAL OF AGREEMENT FOR CONSTRUCTION, OPERATION AND MAINTENANCE OF BUENA SEWER ODOR CONTROL UNIT, PROJECT NO. 5501 DEPT. DIRECTO CITY ATTY. CITYMGR. RECOMMENDED ACTION: Adopt Resolution No. 2015-140 approve and authorize an Agreement between the City of Carlsbad and Buena Sanitation District for construction, operation and maintenance ofthe Buena Outfall Odor Control Unit, Project 5501. ITEM EXPLANATION: Background The Buena Sewer Outfall, also referred to as the Buena Interceptor Sewer, is owned and operated by Buena Sanitation District. The sewer which was constructed in the early 1960s conveys wastewater from the Buena Sanitation District and the City of Carlsbad to Encina Wastewater Treatment Facility. Carlsbad contributes flow to the pipeline near the intersection of El Camino Real and Palomar Airport Road and then again at several locations downstream as it runs westerly though Carlsbad, generally paralleling the Palomar Airport Road alignment (Exhibit 2). Buena Sanitation District is in the final design phase of a replacement sewer and will remove their flow from the existing alignment after the new sewer is constructed. Carlsbad's flow will remain in the existing alignment and the two agencies will transfer ownership of the existing sewer from Buena Sanitation District to Carlsbad through a transfer agreement. Project Description Currently, the hydraulic conditions in the sewer contribute to intermittent release of sewer gases, primarily hydrogen sulfide gas, near the Palomar Commons Development. There are multiple businesses in Palomar Commons including Lowe's Home Improvement along with other retail stores and restaurants. Buena Sanitation District and City of Carlsbad staff have agreed to resolve this nuisance odor issue with the installation of a bio-filter odor control unit at this location. The City of Carlsbad and Buena Sanitation District staff have generated an agreement for the procurement, construction, and operation and maintenance of the odor control unit. The agreement establishes the City of Carlsbad as the lead agency responsible for the procurement, DEPARTMENT CONTACT: Mark Biskup 760-603-7352 mark.biskupifflcarlsbadca.gov FOR CLERK USE. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER - SEE MINUTES • AMENDED • REPORT RECEIVED • Buena Outfall Sewer Odor Control Agreement June 9, 2015 Page 2 of 3 installation and O&M. The agreement requires Buena Sanitation District to pay Carlsbad for its share of the project cost based on average daily flow portion from each agency in the pipeline, that being Carlsbad five percent and Buena Sanitation District 95 percent. The odor control unit is of immediate need and is part of Buena Interceptor Sewer Improvement project which also includes the rehabilitation of approximately 17,000 lineal feet of pipeline along with its manholes. The pipeline and manhole improvements are planned to be completed after the ownership ofthe sewer is transferred to Carlsbad. The agreement for the construction, operation and maintenance of the odor control unij will terminate and ownership of the odor control unit will be transferred to Carlsbad as part of the future sewer transfer agreement. FISCAL IMPACT: The City of Carlsbad has appropriated $1,861,999 from the Sewer Replacement fund for improvements to the Buena Interceptor Sewer. Sufficient funds are available to procure and install the odor control unit. Buena Sanitation will pay Carlsbad for its share of the project as shown in Table 1. The City of Carlsbad's portion of the annual operation and maintenance cost will be paid from the Wastewater Operations budget. Table 2 provides the project cost summary including encumbered and expended funds for planning and engineering efforts to date. Remaining funds are available for the future pipeline and manhole improvements. Table 1 ALLOCATION OF COST BY AGENCY BUENA OUTFALL SEWER ODOR CONTROL Item Agencies Share of Cost Total Item Carlsbad Buena Sanitation Total Procurement and Installation $8,000 $152,000 $160,000 Annual Operation and Maintenance $400 $ 7,600 $ 8,000 Table 2 PROJECT COST SUMMARY BUENA SEWER OUTFALL IMPROVEMENTS Procurement & Installation Of Odor Control Unit (Estimate) $160,000 ENCUMBERED AND EXPENDED FUNDS TO DATE $212,740 CURRENT APPROPRIATED FUNDS $1,861,999 Buena Outfall Sewer Odor Control Agreennent Junes, 2015 Page 3 of 3 ENVIRONMENTAL IMPACT: The project is exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301(b) - minor alteration of existing sewer facilities involving negligible or no expansion. PUBLIC NOTIFICATION: None required. EXHIBITS: 1. Adopt Resolution No. ^Q'^^'^^O to approve and authorize an Agreement between the City of Carlsbad and Buena Sanitation District for construction, operation and maintenance ofthe Buena Outfall Odor Control Unit. 2. Location Map. 3. Joint Agreement for Construction, Operation and Maintenance of Buena Outfall Odor Control Unit. EXHIBIT 1 RESOLUTION NO. 2015-140 2 A RESOLUTION OF THE OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT FOR CONSTRUCTION, OPERATION AND MAINTENANCE OF BUENA 4 SEWER ODOR CONTROL UNIT, PROJECT NO. 5501 5 6 7 8 9 10 26 27 28 WHEREAS; the Buena Sanitation District owns and operates the Buena Outfall Sewer; and WHEREAS, the City of Carlsbad was provided capacity in the Buena Outfall Sewer through a previous agreement with Buena Sanitation District; and WHEREAS, flow conditions within the sewer pipeline result in sewer gas release near 11 Palomar Commons Development in the City of Carlsbad; and 12 WHEREAS, staff from Buena Sanitation District and the City of Carlsbad agree to treat the 13 offensive sewer odors at said location with the installation of an odor control unit; and 14 WHEREAS, staff from Buena Sanitation District and the City of Carlsbad have generated a 15 Joint Agreement to establish responsibilities ofthe two agencies for the construction, operation 16 17 and maintenance ofthe Buena Sewer Outfall Odor Control Unit; and 18 WHEREAS, the City Council ofthe City of Carlsbad, California, has determined it necessary and in the public interest for the City of Carlsbad to enter into the Joint Agreement for the Construction, Operation and Maintenance ofthe Buena Sewer Outfall Odor Control Unit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows that; 19 20 21 22 23 24 1. That the above recitations are true and correct. 25 2. The Mayor of the City of Carlsbad is hereby authorized and directed to execute the Joint Agreement for the Construction, Operation and Maintenance ofthe Buena Sewer Outfall Odor Control Unit. 4 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 ofthe City of Carlsbad on the 9*'' day of June, 2015, by the following vote to wit: AYES: NOES: Council Members Hall, Blackburn, Schumacher, Wood, Packard. None. ABSENT: None. ATTEST: BARBARA (SEAL) c (\ ENGMSOfiK^ity Clerk LOCATION MAP BUENA INTERCEPTOR .est PALOMAR POINSETTIA IBUENA ^ INTERCEPTOR crrv or OCEANSIDE .SITE SITE: PACIFIC OCEAN , cmr or ENcmrrAS 2? VICINITY MAP NOT TO SCAlf CfTY or VISTA CfTY or SAN MARCOS PROJECT NAME PALOMAR COMMONS ODOR CONTROL PROJECT NUMBER 5501-1 EXHIBIT PLOTTED BY: SCOTT EVANS PLOT DATE:5/19/15 PATH:D:\UVUTIES DEPARTklENT\DESGN DIVISION\BISKUP\PALOMAR COMMONS ODOR C0NTR0L\5501-1 LOCAVON UAP.DIK JOINT AGREEMENT FOR CONSTRUCTION, OPERATION AND MAINTENANCE OF THE BUENA OUTFALL ODOR CONTROL UNIT THIS AGREEMENT for the Buena Outfall Odor Control Unit ("Agreement") is made and entered into as of JL>rvci- / (^ <>LS>(S ("Agreement Date"), by and between the Buena Sanitation District, a County Sanitation District, a special district ("District"), and the City of Carlsbad, a chartered municipal corporation ("Carlsbad"), collectively, ("the Parties"). RECITALS A. Upon completion of the Buena Outfall Force Main Extension project (District CIP 8131) the District will no longer have flow entering the Buena Outfall or be responsible for odor control for the Buena Outfall; and B. Until such time the Buena Outfall Force Main Extension project is complete the District and Carlsbad desire to enter into a joint agreement for procurement, installation, and maintenance of the Buena Outfall odor control active bio-filter units for odor treatment; and C. On June 11, 2013, the District adopted Resolution No. 2013-006, approving its Five Year Capital Improvement Program (CIP) and FY 2013/14 Capital Project Budget and authorizing appropriations for FY 2013/14 Capital Projects; and D. The District FY 2013/14 Capital Project Budget included an appropriation from the Buena Sewer Replacement Fund (506) for Buena Outfall Odor Control (CIP 8261) located along Palomar Airport Road; and E. The program for Buena Outfall Odor Control included purchase and installation of odor control media in FY 2013/14 and replacement of spent odor control media in FY 2014/15 as temporary control until the Buena Outfall Force Main Extension project (CIP 8131) is complete; and F. On November 4, 2013, a purchase agreement for installation of manhole odor control inserts and filter media was executed with Southland Water Technologies, LLC, but the installed have proven to provide insufficient odor control; and G. On February 10, 2015, the District adopted Resolution No. 2015-002, amending its Capital Improvement Program (CIP) Budget to appropriate an additional $150,000 for Buena Outfall Odor Control (CIP 8261) for the 2014/15 fiscal year. NOW THEREFORE, the Parties agree as follows: 1. PROJECT DESCRIPTION A. The Buena Outfall currently receives 2.1 million gallons per day of flow from the Buena Sanitation District and 0.1 million gallons per day of flow from the City of Carlsbad. The purpose of odor control for the Buena Outfall located along Palomar Airport Road is to mitigate sewer gas odor, primarily hydrogen sulfide gas, from escaping manholes and becoming a potential malodor. Odor control units are pan-like filters inserted into each manhole which attach to the rim and frame of the manhole. Once the manhole lid is placed over the unit it can filter and treat gas as it travels past the lid. The District has installed 31 units along Palomar Airport Road 00019507 V. 5 -1- 3/12/2015 and have found that the pan-like filter units are insufficient and that an active odor control unit is needed. 2. JOINT RESPONSIBILITIES OF THE PARTIES A. Carlsbad and the District shall mutually agree on the scope of the construction contract and the maintenance agreement through a subsequently-executed staff memorandum attached to this Agreement. Maintenance and operation shall include at a minimum servicing cost, water cost, electrical cost, and filter maintenance. 3. RESPONSIBILITIES OF CARLSBAD A. Carlsbad shall procure, install, and maintain a new active odor control unit ("Unit") for the Buena Outfall located along Palomar Airport Road. B. Carlsbad shall obtain permission to enter and construct the Unit at the Palomar Commons development. C. Carlsbad shall enter into a maintenance agreement with a contractor authorized to maintain the Unit. 4. RESPONSIBILITIES OF DISTRICT A. District shall pay Carlsbad for its share of procurement, installation, and maintenance costs for the Unit. B. Payment to Carlsbad for procurement and installation of the Unit shall be made within 30 days from the receipt of an invoice from Carlsbad at the completion of installation. C. District shall pay Carlsbad for the maintenance and operation costs of the Unit on an annual (fiscal year) basis no later than October 31^' annually. 5. ALLOCATION OF COSTS A. District shall be responsible for 95 percent of the installation, maintenance and operating costs ofthe Unit. B. Carlsbad shall be responsible for 5 percent of the installation, maintenance and operating costs ofthe Unit. 6. TERM A. The District is currently designing the Buena Outfall Force Main Extension project (District CIP 8131). The new Buena Outfall will start upstream ofthe Palomar Commons at El Camino Real just north of Palomar Airport Road. Upon completion ofthe new Buena Outfall and removal of Districts flow from the old Buena Outfall, this Agreement shall terminate and Carlsbad shall assume all costs associated with the operation and maintenance of the Unit pending the execution of an agreement between the Parties for the transfer of the old Buena Outfall. 00019507 V. 5 2- 3/12/2015 7. TRANSFER AGREEMENT A. Following the completion of the new Buena Outfall and the removal of the District's flow from the old Buena Outfall, the Parties shall execute an agreement transferring the District's interest in the old Buena Outfall to Carlsbad at a price that reflects the District's capital investment in the old Buena Outfall, including the Unit, less appropriate depreciation. IN WITNESS WHEREOF, each Party has, pursuant to resolution duly passed and adopted by its respective governing body, approved this Agreement and caused it to be executed and be effective as of the Agreement Date. BUENA SANITATION DISTRICT, a county sanitation district By: JUmY RITTER, CHAIRPERSON ATTEST: MARCI KILIAN, CLERK OF THE BOARD CITY OF CARLSBAD, a chartered municipal corporation ATTEST: BARBARA ENGLESON, CITY CLERK By: APPROVED AS TO FORM: DAROLD PIEPER, DISTRICT COUNSEL By_ RISK MANAGEMENT REVIEW: DOLORES GASCON, RISK MANAGER APPROVED Darold Pieper 1439031215 By:, APPROVED AS TO FORM: CELIA A. BREWER, CITY ATTORNEY By:. 00019507 V. 5 3/12/2015