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1982-1110_SERRA_AgreementRAR: fw 9/14/E2 "raft #r4 • 6 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 0 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- -2- • 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 -3- 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 -4- 9 • 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- -5- 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� -7- MOULTON-NIGUEL WATER DIS SANTA MAR ARITA WA R DISTRICT BY BY ✓ d�t�� ( c.a� -7- 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 0 AGENDA ITEM August 3, 1982 0 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 I 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.