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HomeMy WebLinkAbout1981-07-21; City Council; Resolution 6615I ** 9 _. .I e RESOLUTION NO. -- 661 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING THE EXECUTION OF THE SEVENTEENTH SUPPLEMENT TO THE BASIC AGREEMENT FOR ENCIMA JOIm SEWER SYSTEM TO PROVIDE FOR INCREASING CAPACITY OF SAID SYSTEM FROM 18.0 WGD TO 22.5 MGD AND APPORTIONIWG COSTS OF PHASE 111 CONSTRUCTION WHEREAS, the VISTA SANITATION DISTRICT, CITY OF CARLSBAD, LEUCADIA COUNTY WATER DISTRICT, SAN MARCOS COY" WATER DISTRICT, BUENA SANITATION DISTRICT, and ENCINITAS SANITARY DISTRICT are parties to a Joint Powers Agreement, ("BASIC AGREEMENT1'), which provides for the operation and maintenance of a joint sewer system commonly known as the ENCINA WATER POLLUTION CONTROL FACILITIES, (EWPCF); and WEREAS, from 1965 to present the design capacity of the joint sewer system has been increased from 3.75 million gallons per day (MGD) average daily flow (ADF) to 13.75 MGD ADF; and WHEREAS; an expansion of Unit I of the EWPCF, known as Phase 111 Enlargement and Upgrading, is currently under construction providing for an increase in capacity from 13.75 MGD to 18.0 MGD;and WHEREAS, the members of the Joint Powers have agreed by virtue of a Sixteenth Supplement to the "Basic Agreement" that the rerated capacity of the EWPCF is 16.0 MGD pending completion of Phase 111 Enlargement and Upgrading; and WEREAS; the EWPCF is presently capable of treating an average daily wastewater flow of 16.0 MGD, as well as treating solids from 20.9 MGD of wastewater flow. The peak wet weather flow capacity of said facility is 34.8 MGE; and WEREAS, Phase 111 Upgrading and Enlargement is scheduled to be completed in late 1982, at which time the present projection of population for the area served by the EWCE will require further expansion of said facility; and WHEREAS, it is desirable to increase the capacity of the EWPCF (Illnit I) from 18.0 MGD to 22.5 MGD to meet future flowage demands of the parties hereto; and WHEREAS; it is desirable that the construction of the facilities for increasing capacity from 18.0 MGD to 22.5 MGD be made con- currently with Phase 111 Upgrading and Enlargement in order that the future costs of such construction, and time required for such construction, be substantially lessened; and WHEREAS, it is necessary to provide for the apportionment among members of the Joint Powers of ownership rights in the increased capacity; and WHEREAS, it is necessary to provide for apportionment of Phase 111 costs of construction so as to include Encinitas and to provide for compensation to Encinitas by reason of reduced percentage of ownership upon completion of Phase 111; and WHEREAS, it is necessary to provide for apportionment among the parties to the Joint Powers Agreement of the costs of, and attendant to, the planning, design, and construction of facilities for such increased capacity to 22.5 MGD; and WEREAS, the Joint Advisory Committee to all parties to the "Basic Agreement" has approved the proposed Seventeenth Supplement to the "Basic Agreement"; and WHEREAS, it is in the best interest of this City to execute said Seventeenth Supplement; and WHEREAS, a copy of the Seventeenth Supplement to the ''Basic Agreement" is attached hereto and incorporated herein by reference. NOU, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, as follows: Section 1: That the Mayor of this City be, and is, hereby authorized to execute the Seventeenth Supplement to the "Basic Agreement" for the Encina Joint Sewer System. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 21st day of Jdy > 1981, by the following vote, to wit: AYES 5 NOES 0 Absent 0 ATTEST : -2- SEVENTEENTH SUPPLEMENT TO BASIC AGREEMENT PROVIDING FOR INCREASING CAPACITY OF ENCINA WATER POLLUTION CONTROL FACILITIES FROM 18.0 MGD TO 22.5 MGD AND FOR APPORTIONMENT OF INCREASED CAPACITY AND AMENDING THE TENTH SUPPLEMENT TO "BASIC AGREEMENT" TO DELETE APPORTIONMENT FOR SECONDARY TREATMENT AND ADDING PROVISIONS FOR APPORTIONMENT OF PHASE I11 COSTS OF CONSTRUCTION This Seventeenth Supplement is made and entered into this day of , 1981 by and among: VISTA SANITATION DISTRICT (VISTA), a County Sanitation District; CITY OF CARLSBAD (CARLSBAD), a General Law City; BUENA SANITATION DISTRICT (BUENA), a County Sanitation District; SAN MARCOS COUNTY WATER DISTRICT (SAN MARCOS), a County Water District; LEUCADIA COUNTY WATER DISTRICT (LEUCADIA), a County Water District; and ENCINITAS SANITARY DISTRICT (ENCINITAS), a Sanit,ary District. A. B. C. D. E. VISTA, CARLSBAD, BUENA, SAN MARCOS, LEUCADIA and ENCINITAS own and operate the ENCINA WATER POLLUTION CONTROL FACILITY and OCEAN OUTFALL (and related facilities); hereafter re- ferred to as EWPCF. By an agreement between VISTA and CARLSBAD, dated July 13, 1961, entitled "BASIC AGREEMENT BETWEEN VISTA SANITATION DISTRICT AND THE CITY OF CARLSBAD FOR ACQUISITION AND CONSTRUCTION OF A JOINT SEWER SYSTEM", VISTA and CARLSBAD became the owners and operators of the EWPCF. By virtue of Supplements and Amendments to the aforesaid "BASIC AGREEMENT", SAN MARCOS, LUECADIA, BUENA, and ENCINITAS became parties to the "BASIC AGREEMENT". At the time said "BASIC AGREEMENT" was entered into, the EWPCF was designed to have a minimum capacity to receive, treat, and dispose of 3.5 million gallons average daily flow of sewage; and upon commencement of operation of the EWPCF in September 1965, it provided primary treatment for ADWT capacity of 4.50 MGD. By virtue of an expansion to Unit I (the treatment plant) of the EWPCF known as Phase I1 Enlargement, the capacity of said Unit I was enlarged from 6.75 MGD to 9.75 MGD, and by a further expansion to said Unit I, known as Phase IIA Enlargement, the capacity of said EWPCF was increased from 9.75 MGD to 13.75 MGD. F. An expansion of Unit I of the EWPCF, known as Phase I11 enlargement, is currently under construction providing for an increase in capacity from 13.75 MGD to 18.0 MGD. G. The parties hereto have agreed by virtue of a Sixteenth Supplement to the "BASIC AGREEMENT" that the rerated capacity of the EWPCF is 16.0 MGD pending completion of Phase I11 Upgrading and Enlargement. H. The EWPCF is presently capable of treating an average daily wastewater flow of 16.00 MGD, as well as treating solids from 20.9 MGD of wastewater flow. The peak wet weather flow capacity of said facility is 34.8 MGD. I. Phase I11 Upgrading and Enlargement is scheduled to be com- pleted in late 1982 at which time the present projection of population for the area served by the EWPCF will require further expansion of said facility. J. It is desirable to increase the capacity of the EWPCF (Unit I) from 18.0 MGD to 22.5 MGD to meet future flowage demands of the parties hereto. K. It is desirable that the construction of the facilities for increasing capacity from 18.0 MGD to 22.5 MGD be made con- currently with Phase I11 Upgrading and Enlargement in order that the future costs of such construction and time required for performance thereof be substantially lessened. L. It is necessary to provide for the apportionment among the parties hereto of ownership rights in the increased capacity. M. It is necessary to provide for the apportionment among the parties hereto of the costs necessary for, and attendant to, the planning, design, and construction of facilities for such increased capacity to 22.5 MGD. N. The Seventeenth Supplement to the "BASIC AGREEMENT" is made pursuant to the provisions of Article I, Chapter 5, Division 7, Title I, of the Government Code of the State of California commencing with Section 6500, relating to the joint exer- cise of forces common to all public agencies; in this case, being all of the parties hereto which is authorized to -2- contract with the other pursuant to such provisions. 0. It is necessary to provide for apportionment of Phase I11 costs of construction so as to include ENCINITAS and provide for compensation to ENCINITAS by reason of reduced percentage of ownership upon completion of Phase 111. NOW, WHEREFORE, THE PARTIES AGREE AS FOLLOWS: PHASE IIIA ENLARGEMENT OF UNIT I Section 1. The ENCINA WATER POLLUTION CONTROL FACILITY (Unit I) shall be enlarged and improved to meet the future demands of the parties hereto and environmental protection requirements of applicable regulatory bodies and/or agencies. Said improvement and en- largement shall be designated as Phase IIIA Enlargement and shall be hereafter referred to by such designation. Section 2. The Phase IIIA Enlargement shall be a joint project of VISTA, CARLSBAD, BUENA, SAN MARCOS, LEUCADIA and ENCINITAS. LEUCADIA is hereby appointed as administrator of the joint project and is authorized upon approval of the 1981-1982 Budget for the EWPCF to contract with such consulting engineers as necessary for engineering services hereinafter provided, and to prepare and file on behalf of the parties hereto appropriate applica- tions and other documents for approval of the joint project by any and all federal, state, county and/or ci.ty governments, or agencies, having jurisdiction over the joint project, or and part thereof pursuant to applicable law or regulation. LEUCADIA shall also cause to be prepared, by a contract with qualified engineers, an Environmental Impact Report for the Phase IIIA Enlargement as the lead agency pursuant to the provisions of the Public Resources Code of the State of California, Section 21165. Section 3. ENGINEERING SERVICES The engineering services to be furnished by the engineers pursuant to the contract authorized hereunder shall include the following 1. Environmental Impact Report, including public hearings and all supplemental reports as may be required. (2.) Reports requiring services of licensed engineers as are necessary for submission to federal and state agencies as a condition to approval of the joint project. (3.) Development and preparation of such additions, supple- ments, and/or modifications to the "Financial Plan and Revenue Program" developed for the Phase I11 Upgrading and Enlargement as are necessary to comply with applicable state and federal requirements. (4.) Design services, including preparation of plans and specifications and office engineering during construction. (5.) Preparation of such modifications to the Phase I11 Project Report as are necessary by reason of the increased capacity to be created by Phase IIIA. (6.) Preparation of modifications to the Phase I11 operation and maintneance manuals as are necessary by reason of the increased capacity provided for in this supplement to the "BASIC AGREEMENT". (7.) Miscellaneous engineering services. Section 4. PAYMENT OF ENGINEERING SERVICES Each of the parties hereto shall advance to LEUCADIA the costs of such engineering services contracted for by LEUCADIA, as provided herein, in the following proportions: VISTA 30%, CARLSBAD 25.40%, BUENA 4.59%, SAN MARCOS 17.78%, LEUCADIA 16.67%, and ENCINITAS 5.56%. Provided, however, the ultimate liability of the parties hereto, for the costs of such engineering services shall be equal to the total costs of engineering services multiplied by the respective percentages of capacity each party will be entitled to in Unit I (Treatment Plant) at the conclusion of Phase IIIA Enlargement. The 1981-1982 ENCINA WATER POLLUTION CONTROL FACILITIES BUDGET shall include an amount estimated by the parties hereto at the time of approving such budget as necessary to pay the cost for all engineering services described above in Section 3 hereof. Each party hereto -4- shall pay to LEUCADIA as administrator for said engineer- ing services upon written demands forwarded to them by LEUCADIA. Such demands will be forwarded and such payments shall be made at such times as will- enable LEUCADIA to pay 2 h for the costs of such engineering services in accordance with the contracts between LEUCADIA and the engineering firm or firms as authorized in Section 3 above herein. LEUCADIA shall be strictly accountable to all parties hereto for all funds received by it pursuant to this agreement, and shall maintain records of all receipts and disbursements pursuant hereto. Section 5. Upon completion of the engineering services set out in Section 3 above, and the approval thereof by the parties hereto, LEUCADIA shall contract with such contractors as are necessary forthe construction ofthe Phase IIIA Enlargement provided for herein. It is understood and agreed that there are not presently available any grants-in-aid under state or federal law, or regulation, and that the costs of the Phase IIIA Enlargement shall be borne solely by all parties hereto. The respective liability of each party hereto for its share of the construction costs shall be the same percentage thereof as provided above in Section 4 for the apportionment of costs for engineering services. The 1982-1983 ENCINA WATER POLLUTION CONTROL FACILITIES BUDGET shall include an amount estimated by the parties hereto at the time of approving such budget, as necessary to pay construction costs of Phase IIIA described in this supplement. Each party hereto shall pay to LEUCADIA, as administrator, for construction costs as adopted in said budget upon written demand forwarded to them by LEUCADIA. Such demands will be forwarded and such payments shall be made at such time as will enable LEUCADIA to pay for the costs of construction in accordance with the construction contract or contracts entered into between LEUCADIA and the contruc- tion contractor or contractors. LEUCADIA shall be account- able to the parties hereto for all funds received by it and shall maintain records of all receipts and disbursements to -5- the same extent and degree as provided above in Section 4 for Section 6. Section 7. engineering funds. It is further agreed that in the event any grants-in-aid, state or federal, become available and are received as and for assistance in either the engineering or construction costs of Phase IIIA Enlargement, the costs to each party hereto shall be reduced by the percentage of such grants-in-aid funds as each party's ownership interest in Unit I (Treatment Plant) bears to the total funds so received. OWNERSHIP RIGHTS Upon completion of the Phase IIIA Enlargement of Unit I (Treatment Plant) and the payment by all parties hereto of the amount required to be paid pursuant to the provisions of this Seventeenth Supplement, each party hereto shall have capacity rights in Unit I to the extent as hereinafter set forth. Upon completion of Phase IIIA Enlargement, the res- pective ownership and capacity rights in Unit I shall be as follows: OWNERSHIP AND CAPACITY RIGHTS AFTE:R PHASE IIIA ENLARGEMENT PARTY - MGD PERCENTAGE VISTA 6.75 30.00 25.40 CARLSBAD 5.716 BUENA 1.034 4.59 SAN MARCOS 4.00 17.78 16.67 LEUCADIA 3.75 ENC INITAS 1.25 5.56 AMENDMENT OF TENTH SUPPLEMENT TO "BASIC AGREEMENT" TO DELETE APPORTIONMENT OF COSTS FOR CONSTRUCTION OF SECONDARY TREATMENT AND TO PROVIDE FOR APPORTIONMENT OF THE COST OF PHASE I11 CONSTRUCTION. The Tenth Supplement to the "BASIC AGREEMENT" is hereby amended as follows: Sections 5,6, and 7, respectively, of the Tenth supplement to the "BASIC AGREEMENT" are hereby deleted in their entirety. There is hereby added to the Tenth Supplement to the "BASIC AGREEMENT'' a new section 5 which reads as follows: -6- "SECTION 5, APPORTIONMENT OF COST OF CONSTRUCTION OF PHASE 111. The costs of construction of Phase I11 described in this Tenth Supplement, exclusive of state and federal grants, shall be shared by the parties hereto in the percentages as follows: PARTICIPANT PERCENTAGE VISTA 30.00 CARL SBAD 25.40 BUENA 4.59 SAN MARCOS 17.78 LEUCADIA 16.67 ENCINITAS 5.56" (C) Sections 8, 9, 10, 11, and 12 respectively, of the Tenth Supplement are hereby renumbered as sections 6, 7, 8, 9, and 10 respectively. (d) Section 6 of the Tenth Supplement, as renumbered, is hereby amended to read as follows: "SECTION 8, OWNERSHIP AND CAPACITY RIGHTS AFTER COMPLETION OF PHASE 111. Upon completion of Phase I11 Enlargement wherein and whereby Unit I will be enlarged from 13.75 MGD to 18.0 MGD, each of the parties hereto shall have ownership and capacity rights in Unit I and Unit J as follows: UNIT I -- PERCENTAGE MGD - PARTY VISTA 5.40 CARLSBAD 4.56 30.00 25.40 BUENA 0.82 4.59 SAN MARCOS 3.22 17.78 LEUCADIA 3.00 16.67 ENCINITAS . 1.00 5.56 UNIT J -- MGD PARTY VISTA CAHLSBAD BUENA 6.34 10.89 4.94 PERCENTAGE 16.67 28.66 13.00 -7- r. PARTY - MGD PERCENTAGE SAN MARCOS 6.33 16.67 LEUCADIA 6.33 16.67 ENCINITAS 3.17 8.33" Section 7 of the Tenth Supplement as renumbered is hereby amended to read as follows: (e) IISECTION 7, REIMBURSEMENT fro ENCINITAS FOR REDUCTION IN OWNERSHIP IN SEDIMENTATION TANKS AND LAND. Upon completion of Phase 111, all parties to this agreement, except ENCINITAS, shall reimburse Encinitas Sanitary District for its reduction of ownership after completion of Phase 111, in the sedimentation tanks and land. bursement shall be determined is as follows: 1. The manner in which the value of reim- The book value of the land and Unit I as of June 30, 1980 shall first be determined; The value determined pursuant to (1.) above, and 2. shall 3. The ana-" determined pursuant to (1.) and (2.) above shall be apportioned among all members, except ENCINITAS, based on each such members ownership of the book value of the land and Unit I upon completion of Phase I11 project." The above reimbursement is necessary to compensate ENCINITAS for its reduction in percentage of ownership from 7.27% in the pre Phase I11 Unit I to 5.56% in the post Phase I11 Unit I. Section 8. LIMITATION UPON AUTHORITY OF LEUCADIA TO CONTRACT Upon the unanimous written approval by all members of the ENCINA JOINT POWERS ADVISORY COMMITTEE of the engineering and design authorized above in Section 3, and subject to the limitations in the Budget of the EWPCF for the fiscal years 1981-1982 and 1982-1983, LEUCADIA shall be, and is hereby authorized to enter into contracts with engineers and con- struction contractors as are necessary to complete the Phase IIIA Enlargement, without further authorization by the parties hereto. enter into such contracts without the need for further authorization is limited by the express condition precedent Provided, however, the authority of LEUCADIA to -8- to the exercise of such authority, that the total cost for completion of Phase IIIA shall not exceed the aforesaid amounts established in the 1981-1982 and 1982-1983 Budgets of the EWPCF for Phase IIIA Enlargement. Provided, further, that in the event the consulting engineer's estimate for engineering services for Phase IIIA Enlargement exceed the amount budgeted therefor or, in the event that the construc- tion costs for completion of Phase IIIA as evidenced by - the lowest responsible bids for said construction exceed the amount budgeted therefor, then and in that event, LEUCADIA shall enter into no contract in connection with said Phase IIIA without the prior. written approval of the parties hereto. Section 9. COUNTERPARTS. This agreement may be executed in counterparts, and upon execution thereof by all of the parties set forth on Page 1 hereof, each counterpart shall be deemed to be an original. IN WITNESS WHEREOF, each party hereto has caused this SEVEN- TEENTH SUPPLEMENT TO THE "BASIC AGREEMENT" to be signed by its respective officials heretofore duly authorized by the legislative bodies thereof. APPROVED BY RESOLUTION: NO ON VISTA SANITATION DISTRICT: By APPROVED BY RESOLUTION: ON Jdy 21, 1981 CITY OF CARLSBAD: By ??f249/ bt5 PAQ(ARD, %you ATTEST: -9- - ON APPROVED BY RESOLUTION: NO BUENA SANITATION DISTRICT: By ON APPROVED BY RESOLUTION: NO SAN MARCOS COUNTY WATER DISTRICT: By - ON APPROVED BY RESOLUTION: NO - LEUCADIA COUNTY WATER DISTRICT: By ON APPROVED BY RESOLUTION: NO ENCINITAS SANITARY DISTRICT: By -10-