1982-1110_SERRA_AgreementRAR: fw
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AGREEMENT FOR DESIGN, CONSTRUCTION, USE,
OPERATION AND MAINTENANCE OF SOLIDS
HANDLING AND COGENERATION FACILITIES AT
THE J.B. LATHAM REGIONAL WASTEWATER
TREATMENT PLANT FOR AND ON BEHALF BY
SOUTH EAST REGIONAL RECLAMATION
AUTHORITY FOR AND ON BEHALF OF
PROJECT COMMITTEE NO. 16
THIS AGREEMENT is made and entered into this
day of , 1982, by and between the South East Re-
gional Reclamation Authority, an entity created by that
Joint Powers Agreement entitled, "Joint Exercise of Powers
Agreement Creating South East Regional Reclamation Authority -
Orange County, California (SERRA)," dated March 9, 1970,
(hereinafter in some instances referred to as "Authority")
and the following parties:
A. City of San Juan Capistrano, hereinafter in
some instances referred to as "SJC";
B. Dana Point Sanitary District, hereinafter in
some instances referred to as "DPSD";
C. Moulton -Niguel Water District, hereinafter in
some instances referred to as "MNWD"; and
D. Santa Margarita Water District, hereinafter
in some instances referred to as "SMWD";
W I T N E S S E T H:
WHEREAS, each of the above-named entities is a
party to the above -referenced Joint Powers Agreement whereby
the Authority was formed for the purpose of providing
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wastewater collection, treatment, reclamation, and disposal
facilities; and
WHEREAS, a project committee designated, "Project
Committee No. 16" has been formed for the purpose of design-
ing, constructing, operating and maintaining solids handling,
and cogeneration facilities at that facility known as the
J.B. Latham Regional Wastewater Treatment Plant (Treatment
Plant herein); and
WHEREAS, Authority has been pursuing the most
beneficial, economical and environmentally compatible re-
gional program for wastewater collection, treatment, dis-
posal and management, including, but not limited to the
handling, treatment and disposal of solid waste; and
WHEREAS, the Project Committee No. 16 was created
for the purpose of preparing an engineering report, con-
struction plans and specifications, environmental impact
report, grant application and acquisition of permits and
rights-of-way relative to the construction, operation and
maintenance of solids handling and cogeneration facilities
at the Treatment Plant, all of which may be modified during
the preparation of the engineering report, construction
plans and specifications, environmental impact report and
acquisition of the necessary permits and rights-of-way; and
WHEREAS, no activities or decisions regarding said
solids handling and cogeneration facilities other than pre-
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liminary design and feasibility studies will be accomplished
until after all steps have been taken relative to compliance
with the California Environmental Quality Act of 1972 and
the Regulations promulgated pursuant thereto;
NOW, THEREFORE, in consideration of the mutual
promises and covenants herein contained, the parties hereto
agree as follows:
Section 1. General. Authority agrees, subsequent
to receipt of funds to be required to be deposited by each
Participating Member Agency, to cause the preparation of an
engineering report, construction plans and specifications,
environmental impact report, grant application and acquisi-
tion of permits and rights-of-way relative to the construc-
tion and modification of the solids handling and cogenera-
tion facilities at the Treatment Plant. Each Participating
Member Agency, pursuant to the terms herein set forth,
agrees to pay to the Authority the amounts set forth in
Exhibit "A", which is attached hereto and is by this ref-
erence incorporated herein, and to perform each and all of
the obligations set forth in this Agreement. Authority's
obligations shall include obtaining any necessary permits,
approvals and acquisition of land, if necessary, for the
construction, and ultimately operation and maintenance, of
solids handling and cogeneration facilities at the Treatment
Plant. Additionally, Authority shall diligently pursue
obtaining grant funds from the State of California and the
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Environmental Protection Agency relative to said facilities.
Hereinafter, in some instances, such grant funds are referred
to as "the Grant."
It is agreed by the parties to this Agreement that
if, subsequent to the execution of the Agreement by all par-
ties hereto, but prior to the award of the contract for the
construction of the above-described facilities, any permit
to construct, operate, maintain, repair or replace the said
facilities is revoked or denied, without which said facili-
ties cannot be constructed, operated or maintained, all
further obligations of all parties hereto shall cease as of
the date of such denial or revocation, except obligations
for expenses already incurred. Said facilities shall be
constructed and thereafter owned, operated and maintained by
Authority, through and on behalf of and for the use and
benefit of SJC, DPSD, MNWD and SMWD.
Section 2. Application for Grant Funds. As here-
inabove provided, Authority shall file at the earliest
possible date application for and thereafter diligently
pursue the Grant as herein defined.
Section 3. Engineering Report. It is agreed that
when Authority receives the funds as set forth on Exhibit
"A" hereto, Authority shall contract with an engineering firm
satisfactory to the majority of the Participating Member
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Agencies, which engineering firm shall cause to be prepared
an engineering report and construction plans and specifica-
tions relative to the nature and extent and location of the
above-described facilities.
Section 4. Assistance by Participating Member
Agencies. Each Participating Member Agency agrees it will
assist Authority and each other Participating Member Agency
in this Project.
Section 5. Miscellaneous - Notice. Any notice
required to be given or delivered may be given or delivered
by depositing the same in any United States Post Office,
registered or certified, postage pre -paid addressed to:
City of San Juan Capistrano
32400 Paseo Adlanto
San Juan Capistrano, CA 92675
Dana Point Sanitary District
P.O. Box 571
Dana Point, CA 92629
Moulton -Niguel Water District
27500 La Paz Road
Laguna Niguel, CA 92677
Santa Margarita Water District
25571 Marguerite Parkway
P.O. Box 2279
Mission Viejo, CA 92675
and shall be effective upon receipt thereof.
Section 6. Attorneys' Fees. In the event an act
is commenced by any party of this Agreement to enforce or
construe its rights or obligations arising from this Agree-
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ment, the prevailing party in such action, in addition to
any other relief and recovery awarded by any court of com-
petent jurisdiction, shall be entitled to recover all sta-
tutory costs plus a reasonable amount for attorneys' fees.
Section 7. Agreement Binding Upon Successors and
Assigns. This Agreement shall be binding upon the successors
and assigns of each party of this Agreement and upon any
such succession or assignment the successor or assignee
shall accept and assume in writing each and every obligation
applicable under this Agreement.
IN WITNESS WHEREOF, the parties have caused this
Agreement to be executed on the day and year first hereinabove
written.
SOUTH
TION AUTHORITY
• ;� RP • ii /
�•EIM MAYOR
MARY ANN%HANOVER, CITY CLERK
ZZ
DANA POINT SANITARY DISTRICT
BY
MOULTON-NIGUEL WATER DIS
SANTA MAR ARITA WA R DISTRICT
BY
BY ✓ d�t�� ( c.a�
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MOULTON-NIGUEL WATER DIS
SANTA MAR ARITA WA R DISTRICT
BY
BY ✓ d�t�� ( c.a�
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EXHIBIT "A"
SOUTH EAST REGIONAL RECLAMATION AUTHORITY
PROJECT COP\MT.TTEE NO. 16
REGIONAL SOLIDS TREATMENT CENTER - SOLIDS HANDLING
1982/83 BUDGET
MEMBERS CONTRIBLTIONS
City of San Juan Capistrano
Dana Point Sanitary District
Moulton Niguel Water District
Santa Margarita Water District
Receivable From P.C. $11 Predesign
Project Budget
$ 62,123.25
37,963.10
75,913.19
'38,049.44
4,493.97
TOTAL RECEIPTS $ 318,560.95
1 S2400 PASEO ADULANTO
SAN JUAN CAPISTR ANO, CPLIFORNIA 92675
PHONE 4931171
August 11, 1982
Carol Sanders, Secretary
SERRA
c/o Moulton Niguel Water District
27500 La Paz Road
Laguna Niguel, California 92677
Re: Agreement to Participate in SERRA Project
Committee No. 16, Construction, Operation
and Maintenance of Solids Handling/Cogeneration
Facilities
Dear Miss Sanders:
At their meeting of August 3, 1982, the City Council
took unanimous action on the following:
1. Approved the Agreement for City participation
in SERRA Project Committee No. 16. Enclosed
are the original and one copy of this Agreement;
please execute both copies and return the "City"
copy to this office.
2. Approved the proposed budget for Project
Committee No. 16 of $318,560.95 and the City's
proportionate share of $62,123.25.
Zf you have any questions, please don't hesitate to
call.
Very
/truly yours,
MARY ANN HAIQOVER, CMC
City Clerk
MAH/na
Enclosures
cc: Director of Public Works
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AGENDA ITEM
August 3, 1982
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TO: Stephen B. Julian, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Agreement to Participate in SERRA Project Committee #16,
Construction, Operation and Maintenance of Solids
Handling/Cogeneration Facilities of the J. B. Latham
Regional Wastewater Treatment Plant
SITUATION
With the decision of the Capistrano Beach Sanitary District to not
sell to SERRA, property adjacent to their treatment plant to be
used for regional solids handling, SERRA Staff,at the request
of the SERRA Agencies,has developed plans for solids handling
on the existing site. This current project, although similar
to the initial proposal, will be considerably scaled down and
allow only for the treatment of the existing capacity of the
digesters (see attached drawing) .
Due to severe odor problems and related inadequacies of the solids
handling system, SERRA has been mandated by the State to establish
a project of this nature. As much of the preliminary work to
support this project has been prepared in P.C. #11 (Solids Handling
Facility at the CBSD site) and has been approved by the State
to be utilized for the new project, a close-out of P.C. #11 and
a transfer of remaining funds to P.C. #16 has been recommended.
FINANCIAL CONSIDERATIONS
Grant funds for the preliminary study and pre -design for the Solids
Handling Facility have been utilized. Although the new project
has been ranked in a high position, additional funding for
engineering design and construction is somewhat remote. The member
agencies initial contributions have not been depleted, however, and will
be transferred over to establish the P.C. #16 beginning budget. This
is a total of $318,560.95 of which the City's share was $62,123.25.
Therefore, no new contributions are required (See attached budget).
It is anticipated that the entire project will cost approximately
$7.8 million. With the absence of any grant monies this financial
burden will be the responsibility of the participating agencies.
At this time, and due to the uncertainity of grant money and level
of participation, the actual cost to the agencies for the project
has not been determined. Approval of this preliminary budget,
however, is needed to assure the State that work continues to move
forward in a timely manner.
?MR C TY COUNCIL AGENDA
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Agreement to Participate in SERRA
Project Committee #16, Construction,
Operation and Maintenance of Solides
Handling/Cogeneration Facilities of the
J. B. Zatham Regional Wastewater
August 3, 1982
Page 2
ALTERNATE ACTIONS
1. Adopt the agreement for participation in SERRA P.C. #16, and
approve the proposed budget of $318,560.95 with the City's
proportionate share of $62,123.25.
2. Do not adopt the agreement.
3. Refer to Staff for additional information.
RECOMMENDATION
By motion, adopt the agreement for participation in SERRA Project
Committee #16 and approve the proposed budget of $318,560.95
with the City's proportionate share of $62,123.25.
Respectfully submitted,
I J,r�. M%/LI
WDM:CSF/nep
Attachments
MEMORANDUM
TO: Memo to File
FROM: Maria Guevara, Secretary
DATE: August 2, 2002
SUBJECT: South Orange County Wastewater Authority (SOCWA)
On March 20, 2001, SOCWA was created, eliminating Aliso Water Management Agency
(AWMA), South East Regional Reclamation Authority (SERRA) and South Orange County
Reclamation Authority (SOCRA).
Agreements prior to March 20, 2002, may be found under SERRA.
Agreements after March 20„ 2002, may be found under SOCWA.