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Reso 0595-06/1981 RESOLUTION NO. 595 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN MARCOS COUNTY WATER DISTRICT AUTHORIZING EXECUTION OF THE SEVENTEENTH SUPPLEMENT TO THE BASIC AGREE- MENT FOR ENCINA JOINT SEWER SYSTEM TO PROVIDE FOR INCREASING CAPACITY OF SAID SYSTEM FROM 18.0 MGD TO 22.5 MGD, AND FOR THE APPORTIONMENT OF INCREASED CAPACITY WHEREAS, the VISTA SANITATION DISTRICT, CITY OF CARLSBAD, LEUCADIA COUNTY WATER DISTRICT, SAN MARCOS COUNTY WATER DISTRICT, BUENA SANITATION DISTRICT and ENCINITAS SANITARY DISTRICT are parties to a Joint Powers Agree- ment, ("BASIC AGREEMENT"), which provides for the operation and maintenance of a joint sewer system commonly known as the ENCINA WATER POLLUTION CONTROL FACILITIES, (EWPCF): and WHEREAS, 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 1 of the EWPCF, know as Phase III Enlargement, is currently under construction providing for an increase in capacity from 13.75 MGD to 18.p MGD; and WHEREAS, 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 III Upgrading and Enlargement; and WHEREAS, 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; and WHEREAS, Phase III Upgrading and Enlargement is scheduledto be completed 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; and WHEREAS, it is desirable to increase the capacity of the EWPCF (Unit l) 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 22.50 MGD be made concurrently with Phase III Upgrading and Enlargement in order that the future costs of such construction and time required for performance thereof be substantially lessened; and -1- Resolution No. 595 WHEREAS, it is necessary to provide for the apportionment among the parties thereto of ownership rights in the increased capacity; and WHEREAS, 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; and WHEREAS, 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 District 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. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the SAN MARCOS COUNTY WATER DISTRICT, as follows: Section 1: That the Board of Directors of this District be, and is, hereby authorized to execute the Seventeenth Supplment to the "BASIC AGREEMENT" for the Encina Joint Sewer System. PASSED, APPROVED AND ADOPTED at a regular meeting of the Board of Directors of the SAN MARCOS COUNTY WATER DISTRICT on the 15th day of June, 1981, by the following roll call vote: AYES: Directors: Mason, Waller, Mahr, Ferguson NOES: Di rectors: Holm ABSTAIN: Di rectors: None ABSENT: Di rectors: None of San Marcos County Water District ATTEST: tMarc°s 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 SECTION 7 OF TENTH SUPPLEMENT APPORTIONING COST OF CONSTRUCTION FOR SECONDARY TREATMENT This Seventeenth Supplement is made and entered into this 15th day of June, 1981,by and among: VISTA SANITATION DISTRICT (VISTA), a County Sanitation Dis- trict; CITY OF CARLSBAD (CARLSBAD), a General Law City; BUENA SANITATION DISTRICT (BUENA), a County Water District; LEUCADIA COUNTY WATER DISTRICT (LEUCADIA), a County Water District; and ENCINITAS SANITARY DISTRICT (ENCINITAS), a Sanitary District. RECITALS A. VISTA, CARLSBAD, BUENA, SAN MARCOS, LEUCADIA and ENCINITAS own and operate the ENCINA WATER POLLUTION CONTROL FACILITY and OCEAN OUTFALL (and related facilities); hereafter referred to as EWPCF. B. 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. C. By virtue of Supplements and Amendments to the aforesaid "BASIC AGREEMENT", SAN MARCOS, LEUCADIA, BUENA. and ENCINITAS became parties to the "BASIC AGREEMENT". D. 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 treat- ment for ADWT capacity of 4.50 MGD. E. By virtue of an expansion to Unit I (the treatment plant) of the EWPCF known as Phase II 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 III 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 III 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 waste- water flow. The peak wet weather flow capacity of said facility is 34.8 MGD. I. Phase III 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 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 18jO MGD to 22.5 MGD be made concurrently with Phase III 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, de- sign, 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 commencing with Section 6500, relating to the joint agencies; in this case, being all of the parties hereto which is authorized to contract with the other pursuant to such provisions. NOW, THEREFORE, 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 en- -2- vironmental protection requirements of applicable regulatory bodies and/or agencies. Said improvement and enlargement shall be designa- ted at 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 ENCINATAS. 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 applications and other documents for approval of the joint project by any and all federal, state, county and/or city governments, or agencies, having jurisdiction over the joint project, or any 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 Enlarge- ment 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, supplements, and/or modifications to the "Financial Plan and Revenue Program developed for the Phase III Upgrading and Enlargement as are necessary to comply with applicable state and federal requirements. (4) Design services, including preparation of plans and specifica- tions and office engineering during construction. (5) Preparation of such modifications to the Phase III Project Report as are necessary by reason of the increased capacity to be created by Phase IIIA. -3- (6) Preparation of modifications to the Phase III operation and maintenance manuals as are necessary by reason of the increased capacity provided for in this supplement to the "BASIC AGREE- MENT". (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 - 30.00%, 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 such 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 Enlarge- ment. 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 engi- neering services described above in Section 3 hereof. Each party hereto shall pay to LEUCADIA, as administrator for said engineering 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 for the costs of such engineer- ing 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 servides set out in Section 3 above, and the approval thereof by the parties hereto, LEUCADIA shall contract with such contractors as are necessary for the construction of the Phase IIIA Enlargement provided for herein. It is understood and agreed that there are not presently available any grantsbin-aid under state or federal law, or regulation, and that the costs of the Phase IIIA Enlarge- ment shall be borne solely by all parties hereto. The respective lia- bility of each party hereto for its share of the construction costs -4- 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 the 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 be- tween LEUCADIA and the construction contractor or contractors. LEUCADIA shall be accountable to the parties hereto for all funds received by it and shall maintain records of all receipts and disburse- ment to the same extent and degree as provided above in Section 4 for 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 re- ceived. Section 6. 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 respective ownership and capacity rights in Unit I shall be as follows: OWNERSHIP AND CAPACITY RIGHTS AFTER PHASE IIIA ENLARGEMENT PARTY MGD PERCENTAGE VISTA 6.75 30.00 CARLSBAD 5.716 25.40 BUENA 1.034 4.59 SAN MARCOS 4.00 17.78 LEUCADIA 3.75 16.67 ENCINITAS 1.25 5.56 -5- Section 7. AMENDMENT 'TO SECTION 7 OF THE TENTH SUPPLEMENT TO THE BASIC AGREE- MENT APPORTIONING COSTS FOR THE CONSTRUCTING SECONDARY TREATMENT GREATER THAN 17.5 MGD Section 7 of the Tenth Supplement to the BASIC AGREEMENT which pro- vides for apportionment of costs for providing secondary treatment above 17.5 MGD is hereby deleted in its entirety, and a new Section 7 is hereby substituted in place thereof which shall read as follows: "Section 7. APPORTIONMENT OF COST FOR CONSTRUCTING SECONDARY TREAT- MENT: The costs of constructing secondary treatment capacity shall be shared by the parties hem to as follows: (1) All costs of constructing secondary treatment capacity greater than 17.5 MGD and less than 18 MGD which is not paid by grants from the State and/or Federal Government shall be shared by the parties hereto in proportion to their respective incremental increase in Phase III capacity rights as compared to their Phase IIA capacity rights. (2) All costs of constructing secondary treatment capacity greater than 18.0 MGD which is not paid by grants from the State and/or Federal Government shall be shared in proportion to their res- pective Phase III capacity rights." Section 8. LIMITATION UPON AUTHORITY OF LEUCADIA TO CONTRACT Upon the unanimous written approval by all members of the ENCINA JOINT POWERS JOINT ADVISORY COMMITTEE of the engineering and design authorized above in Section 3, and subject to the limitations in the Operation 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 construction contractors as are neces- sary to complete the Plase IIIA Enlargement, without further autho- rization by the parties hereto. Provided, however, the authority of LEUCADIA to enter into such contracts without the need for further authorization is.limited by the express condition precedent 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 Operation Budgets of the EWPCF for Phase IIIA Enlargement. Provided, further, that in the event the -6- consulting engineer's estimate for engineering services for Phase IIIA Enlargement exceed the amount budgeted therefor or, in the event that the construction costs for completion of Phase IIIA as evideneced 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 SEVENTEENTH SUPPLEMENT TO BE 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: NO. ON CITY OF CARLSBAD: By ATTEST: CITY CLERK APPROVED BY RESOLUTION: NO. ON BUENA SANITATION DISTRICT: By SAN MARCOS COUNTY WATER D ' : .- ' APPROVED BY RESOLUTION: NO. ON ' LEUCADIA COUNTY WATER DISTRICT: By By APPROVED BY RESOLUTION: NO. ON ENCINITAS SANITARY DISTRICT: By By -7-