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Home My WebLink About1985-01-02; City Council; Resolution 7862" 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 A RESOLUTI( CALIFORNIA AND APPROV: THE SAN MA1 KNOWN AS TI AGENCY AGR: JOINT SEWE: The City Counc resolve : 1. That a cer Sanitation District County Water Distril Interagency agreeme hereby rescinded. 2. That a cer County Water Distri Outfall Interceptor maintenance of a jo attached hereto and 3. The Mayor to execute said agr approval is conditi agencies which are /I/ /I/ //I RESOLUTION NO. 7862 J OF THE CITY COUNCIL OF THE CITY RESCINDING RESOLUTION NO. 7521 AND NO. 7371 JG A NEW AGREEMENT BETWEEN THE CITY OF CARLSBAD, :OS COUNTY WATER DISTRICT AND THE CITY OF VISTA ?MENT FOR THE CONSTRUCTION AND MAINTENANCE OF A LINE AND FACILITIES 1 of the City of Carlsbad, California, does hereby F CARLSBAD, Z PALOMAR JOINT LAND OUTFALL INTERCEPTOR INTER- -,- iin agreement between the City of Carlsbad, the Vista the Buena Sanitation District and the San Marcos :, known as the Palomar Joint Land Outfall Interceptor : approved by Resolution No. 7521 and No. 7371 is 3in agreement between the City of Carlsbad, the San Marcos : and the City of Vista known as the Palomar Joint Land Cnteragency agreement for the construction and it-use sewer line and facilities, a copy of which is incorporated herein by reference, is hereby approved. E the City of Carlsbad is hereby authorized and directed ment for and on behalf of the City of Carlsbad. led upon acceptance of this agreement by all other This party to said agreement. 2 1 2 3 4 5 6 7 e 9 IC 11 12 1: 14 1: le 1: It l! 2( 2: 2: 2; 21 21 2( 2' 24 2ouncil held on the 1 2nd day of Jan- , 1985, by the following vote, to wit: i AYES: Counci) Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ~ I ABSENT : None ~ I MARY H. YSLER, Mayor ~ ~ ATTEST : (SEAL) -2- 3 PAL0 d R JOINT LAND OUTFALL INTERCEPTOR an additional year to July UHEREAS, SAN MARCOS, agreement for lease of of July 1, 1982 through I INTERAGENCY AGREEMENT 1, 7982; and the DAON CORPOPATION, and BUENA entered into a third capacity by SAN MARCOS in the BUENA LINE for the period lanuary 1, 1984, (the estimated operational date for day VISTA (VISTA), and the CITY OF CARLSBAD by and between the SAN WARCOS COUNTY WATER WHEREAS, on June 20, l RECITALS: 1966, BUENA and CARLSBAD entered into an agreement GJHEREAS, SAN MARCOS bnd BUENA entered into an agreement dated June 19, 1967, for lease of capa ity by SAN MARCOS in BUENA SANITATION DISTRICT'S ENCINA OUTFALL SEWER (BUENA LINE), this agreement expired July 1, 1978; I -1 - WHEREAS, VISTA des- Encina Water Pollution C service area, known as Ra capacity to the Encina developments in the south WHEREAS, in 1979 S COUNTY WATER DISTRICT LA Board Project No. C-06-1 P1 ant. Pl ans, speci f i prepared. The design cr Encina Plant was 12.1, IT capacity; and WHEREAS, PARTIES to in the construction, op Outfall Interceptor, as Brudin and Stone, Civil Agreement and kerei nafter WHEREAS, PARTIES ar their respective rights in each reach of the fa( facilities; WHEREAS, CARLSBAD NOM THEREFORE, i nco Article 1. agree as follows: OWNER responsible for the prel impact report for SAN pemi ts, property acqui operation and mai ntenancc the INTERCEPTOR. Assi facilitate the process UF - *es to obtain sewage transmission capacity to the atrol Facilities to serve the development in VISTA'S eway Basin area; and iesires to obtain additional sewage transmission dater Pollution Control Facilities to serve in the and central CARLSBAD service area; and N MARCOS initiated a project entitled "SAN MARCOS 1 OUTFALL INTERCEPTOR" (State Water Resources Control 71-010) which extended from SAN MARCOS to the Encina itions, and an environmental impact report were teria for the lower reach from El Camino Real to the re or less, millions of gallons per day maximum flow this Agreement have expressed a desire to cooperate ration, and maintenance of the Palomar Joint Land hown on Plans and Specifications prepared by Neste, ngineers, dated August 23, 1983, as set forth in this called "INTERCEPTOR"; and entering into this Agreement in order to establish nd duties with respect to the ownership of capacity ilities and for the operation and maintenance of the COVENANTS porating recitals of facts above, the PARTIES hereto SAN MARCOS shall be the owner and shall be tration of the contract documents, the environmental 4ARCOS, the Coastal Commission perinits, all other i tion and easenents, supervision of construction, of the INTERCEPTOR, and for the fiscal management of tance from other agencies shall be provided to n request by SAN MAKOS. -2- 5' ___ -.~ .... .. ... ., -. , Article 2. SAN MARCOS shall diligently and faithful ly bi 1 i ties knowing that time is of the essence to relieve the surcharging The ownership of capacity in the in the BUENA LINE. INTERCEPTOR is shown in Table 1. ARTICLE 3. 7 Carl sbad MGB % 5.0 23.98 (See Exhibit A for locatil The final maximum peak Million Gallons Per Day Gallons Per Day. For shared by all three agen for the construction co after the INTERCEPTOR is completed shall include, 1. Preparatio 2. Revisions accomiodrtt BRUDIN ti S Article 4. PRE-C TABLE I APACITY OWNERSHIP PERCENTAGES Vista MGD- x 3.75 17,99 12.1 58.03 flow capacity for the City of Carlsbad equals 5,O .nd the Vista Sanitatio,? District equals 3.75 Million urposes of distributing costs, the costs shall be .ies in accordance with their capacity ownership, and t. Final adjustments to these costs will be made inally constructed and all costs are known. NSTRUCTION: The pre-construction work to be ut not be limited to, the following tasks: of an Environmental Impact Report (EIR) the project. to the construction documents for the oversizing to the Carlsbad and Vista flows prepared by NESTE, 'ONE, INC. -3- 3. Acquisitia 4. Acquisitic 5. Administra Since SAN MARCOS has I documents for their ori will not share in any add Costs for tasks 1 accordance with their ci weighted and averaged computations are shown in Final adjustments to tl finally constructed and e Pre-constructi on co with their capacity owner With the assistance all steps necessary to i the event eminent domain any necessary legal prc necessary resolutions co such legal proceedings st CONS1 shall administer the ca Water Code, State of Cal ensure the INTERCEPTOR specifications. Change speci f i cati ons af f ecti ng beauthorized by SAN MARC up to an aggregate of fi without approval from thc Article 6. COST SAEJ MARCOS shall keep which complete and curret - .. Article 5. e of permits. of easements and rights-of-way. on, mi sce71 aneous engineering, and 1 egal tasks. ready prepared an EIR and completed construction nal "Land Outfall Interceptor" Project, SAN MARCOS :ional costs for tasks 1 and 2. id 2 shall be shared between VISTA and CARLSBAD in ici ty ownership percentages (omitting SAN MARCOS) so to account for the construction cost. These :xhibit B and summarized as follows: CARLSBAD 57.14 percent W I STA 42.86 percent se percentages will be made after the project is I costs are known. s shall be shared among the agencies in accordance lip as set forth in Article 3. ,f CARLSBAD and VISTA, SAN MARCOS shall take any and quire easements of right-of-way for the project. In woceedings are necessary, all PARTIES agree to take 2edings required. All PARTIES agree to adopt any ected with said legal proceedings. The cost of all I1 be borne in accordance with Article 3. JCTION: - SAN MARCOS shall be the contracting agency, ,truction contract, in accordance with Division 12, 'ornia, and shall take any and all steps necessary to is completed in accordance with the plans and orders or amendments to the approved plans and the costs to be paid by other PARTIES hereto may ; on individual change orders of $25,000.00 or less, 2 (5%) percent of the INTERCEPTOR construction costs, ither affected PARTIES. COUNT IN G (Pre-Construction and Construction) : d maintain proper books of account and records in entries shall be made of all transactions. -4- 7 For the construction SAN MARCOS shall prepare or flow tables shall be updated or in anticipated costs, and contract of the project to them. SAN MARCOS shall be -5- strictly accountable to all PARTIES hereto for all Article 7. ROUTIh E MAINTENANCE AND OPERATION OF THE PROJECT: preceding calendar year is available, the period of time shall be the -6- including all receipts and disbursements, relating to the administration, rendered by SAW MARCOS PARTIES to SAN MARCOS. to VISTA or CARLSBAD for charges payable by those SAN MARCOS shall utilize the "Uniform Accounting The expenses of re capacity ownership, an procedures; and shall be of time provided, howeve be borne by the PARTY or The cost of replac on the basis of the INTERCEPTOR being repl act SAN MARCOS shall u earl iest possible date. METE1 measure the fl ow of was1 determined by subtractil: the total flows measure( of the Encina Water Pol11 Each PARTY shall installed for the use discharge into the INTER( PROH adopt and enforce on a of toxic material s to thi Each PARTY agrees discharge of sewage and introduced into the INTI permi t. Any PARTY failing 1 any costs directly or ascertaining and establ fines, penalties, engint well as any resulting repair costs that are in INDE indemnify, assume the CARLSBAD, their officers Article 9. - - Article IO. - Articl e 11 . ir shall be charged to each PARTY on the basis of shall be substantiated by customary accounting laid by VISTA and CARLSBAD within a reasonable period , such costs benefitting 1 ess than all PARTIES shall 4RTIES concerned, g any portion of the INTERCEPTOR shall be allocated !pacity of ownership as set forth herein for the :ertake any necessary repairs or replacement at the : VISTA and SAN MARCOS shall maintain meters to mter into the INTERCEPTOR. CARLSBAD'S flow shall be the sum of the flows from VISTA and SAN MARCOS from by the Palonar Parshall flume meter at the headwsrks ion Control Faci 1 i ti es. !ar the full cost of the meter and appurtenances ' that PARTY in measuring the amount of wastewater PTOR, ITION OF TOXIC b1ATERIALS: Each PARTY agrees to miinuing basis regulations prohibi tin9 the discharge Encina Water Pollution Control Facilities. to enforce rules and regulations relative to the astewater to the INTERCEPTOR to insure that anything ZEPTOR is consistent with the Encina NPDES discharge comply with the provisions of this Article shall pay directly resul ti ng therefrom, i ncl udi ng the cost of hing that such violation did occur as well as any ring accounti ng , admi ni strati ve and 1 egal costs , as ncreased operating, maintenance and repl acenent or rred. ITY OF VISTA AND CARLSBAD: SAN MARCOS shall ?fense of, and hold free and harmless, VISTA and directors, agents and employees from any and all -7 - Notwi thstandi ng, the CITY OF CARLSBAD foregoing the indemnity agreement created by this VISTA 1 SANITATION DI STRICT P.O. $ox 1988 Vi stal Cal iforni a 92083 I 1 east forty-five (45) days SAN MARCOS COUNTY WATER DISTRICT 788 West San Flarcos Boulevard San blarcos Cal i forni a 92069 notice of cancel 1 ati on or nodif i cati on of coverage Any PARTY may from ime to time designate a different address for notice deemed received by the P IRTY to whom such notice is addressed on the date of by notifying the other PAR1 1 IES; any notice nailed by regular mail shall be the return receipt. 4 Article 14. AMENDMENTS TO THIS AGREEMENT: This Agreement may not all PARTIES to this Agreenbnt. Article 15. ATTORNkY'S FEES: In the event any litigation in law or in equity, including actilon for declaratory relief, is brought to enforce or I interpret the provisions ~ or performance of this Agreement, the prevailing PARTY shall be entitled $0 the award of a reasonable attorney's fee and the costs of the proceeding, which shall be determined by the Court or the presiding officer having ahhori ty to make this determination. If any PARTY to tgis Agreement becomes a party to any litigation, concerning the enforcement or interpretation of the provisions of this Agreement or the perfodance of this Agreement by reason of any act or omission of the other PAdTY or authorized representatives of another PARTY to this Agreement and not by any act or omission of its authorized representatives, the PARTY that causes the other PARTY to become involved in the proceeding shall be liable to that PARTY for reasonable attorney's fees and costs of the proceeding incurred by that PARTY in the proceeding. The award of reasonable attorl n ey's fees and costs shall be determined as provided above. In the event opposing PARTIES have each prevailed on one or more causes of action actual ly contested or admitted by pl eadi ngs or pre-heari ng documents on file, the presiding dfficer shall make an award of attorney's fees and costs, but tne presiding officer nay prorate such fees and costs between prevailing PARTIES based on the necessity of the proceeding and the isoportance of the issue upon which each PARTY has prevailed. Article 16. ENTIRE^ AGREEMENT* This Agreement, together with the Exhibits hereto, contains all represcntations and the entire understanding between the PARTIES with respect to the subject matter of this Agreement. Any ~ I ___T____.t prior correspondence, memoranda or agreements are rep7 aced in total by thi s Agreement and Exhibits herteto. I -9- benef i t of and be binding heirs, and assigns. Article 21. VENUE4 For the purpose of 1 i tigation or arbitration, venue shall lie in the iorth County Judicial District, County of San Diego, State of California, or 'if such venue cannot be exercised, in the Federal or State Court nearest to the North County Judicial District, County of San Diego. Article 22. TERM: ~ This Agreement is executed and is to be performed in the North Cdunty Judicial District, County of San Diego, State of Cal iforni a, and consists of 23 pages (i ncl udi ng Exhibits) , and shall continue in effect until terminated by mutual agreement of the PARTIES. Article 23. SIGNAtURE AND SEALS: This Agreement shall be effective on and from the day and year first above written. IN WITNESS WHEREOF, 4 e have hereunto set our hands and seals. 'i I upon PARTIES hereto and thei r respective successors, ATTEST: .' -City Clerk i ATTEST : Glilliam W. Rucker, Secretary ATTEST: I I I City Clerk I I -1 0- CITY OF CARLSBAD Mayor SAN MARCOS COUNTY WATER DISTRICT Dal e Mason , Presi dent CITY OF VISTA Mayor E X H 1 B I T "B" PALOE PRE -CONSTRI FROM TABLE 1 CAPACITY OWN1 CARLSf VISTA SAN M1 DELETING SAN MARCOS, THE CARLSBAD VISTA E X H I B I T "B" \R JOINT LAND OUTFALL INTERCEPTOR ;TION COST ALLOCATION FOR TASKS 1 AND 2 !SHIP PERCENTAGES FOR THE THREE AGENCIES ARE: \D 23.98% 17.99% [COS 58.03% IWERSHIP PERCENTAGES ARE: 23.98/100 - 58.03 = 57.14 17.99/'100 - 58.03 = 42.86 0 0 W m w h n 0 0 0 0 Ln m n 0 m o', cy) M In W Ln N rD Ln 0 4 m 0 cd a rd w 0 0 Lo m 6+ n d - Lo ru 61 0 r C IT3 zs -0 c, cn W c 03 D .? - LD 0 4 II cv Lo b h n d h Ir, N b- 0 0 0 0 * 0 Lo n cv 01 Lo a3 0 N d n 0 0 0 Lo cu Lo n m m m Lo cv t-4 n co d d * cn h Ln a a- 0 m n rb W 0 Lo w U) # n d h - m m W 0 c Ts Id ZI IT3 c) U P .- Lo Lo d 00 00 0 0 0 0 0 0 r\l n 0 0 0 0 Lo 0 c 4 0 0 0 ln 03 d n 0 0 0 0 0 n w Lo 0 0 0 0 'd Q 00 LoN hh NO w4 nn LoLC) 4-W cv c) e- 0 c\I t-+ n rn r-l 0 CD tn m m u3 4 n d Loo mh * u> m cy) h. 4 n n m Low n b- 4 h m m 4 m u3 cs W W 0 tn n 0 0 m m (B h 0 co a3 N d h 00 t-4 m N h co m ca m a3 03 c3 n m Lo d 0 M 4 4 4 n t-4 mcu coco 0 0 cu m d h 03 d n Lo d co 4- Lo 0 . 0 (0 m a 0 4- a3 N 4 n co h m. 0 N co rto ON NUN rD 0 rD CA cn l-4 d- am WID r-l n W n In m (13 Lrl rcl W 0 0 0 0 0 N 0 0 Ln 0 m M n 0 4 e e d e n m # . c, .Lt +? .Lt d- .* 04 4 n " 0 0 cw n W 4cJ cv m 4 W 0 rb s r a 5. c 0 'M rd *I- a- W lx 4 c t 0 .e u) W tz u CLt iJ 0 L n U Q1 I-- 0 c c rd > 0 E W lx 0 a a .r 0 L c, C 0". t 0 c rd v, cn S c, W W t v, n .C t-, 3 0 t-, E: 61 E aJ > r6 a Q V =r t 0 v) 0 L w -r- - - 0 m c u N 5 04 NN N N m m 4 m r\l m ---- __------_I , c-- 0 0 m h m * m n ar 0 h a 0 c3 c4 m d 0 a3 a3 ar r4 - h a3 m (0 W 4 cr) n c, Lb \ Lo cn N fff . w LL m c) t-4 - n I 0 0 0 (u U a a e .u a, S 1 d v) -r - - 0 d 00 00 ou3 COh hN ON ctcu t-4 mm 0 0 (o or cn a3 0 .--( n 00 00 00 0 .o 00 00 00 a0 d nn 0 0 0 0 W M 4 N m CO N rd N cu c4 m .L =I- ro W N d co 0 n 0 0 0- Lo co m m m N m N CTI N a N cn a 000 000 ooro f-4dQ Ne- Lo Loom mm 0 0 0 m d 0 0 0 0 cu (*1 N n 00 00 00 CC a3Lo 00 -0 *a ah L7 4 CON mm NCR N nm oocu mob Lo CR W h b u3 m m ro m ln n e- N h m 4 W N m 00 coo m T4 .. 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