HomeMy WebLinkAboutEncina Wastewater Authority; 2006-03-22;*^ r*~ yv
AGREEMENT FOR PROVISION OF LABORATORY SERVICED ^ - 0
BETWEEN THE ENCINA WASTEWATER AUTH($Rltfr! 5 p;-f /: 3
AND £NC/NA liv-ETc-^.-
CARLSBAD MUNICIPAL WATER DISTRICT -
Ref: Admin 06-7979
THIS Agreement is entered into this 22 day ofMai"Ch , 2006, by and
between the CARLSBAD MUNICIPAL WATER DISTRICT, a public agency in the State of
California, hereinafter referred to as the DISTRICT and the ENCINA WASTEWATER
AUTHORITY, hereinafter referred to as the AUTHORITY.
WITNESSETH:
WHEREAS, the AUTHORITY is authorized to construct, operate, maintain, and
repair sanitary chemistry laboratories within its respective boundaries; and
WHEREAS, the AUTHORITY presently has an experienced staff trained to
operate a sanitary chemical laboratory, perform chemical analysis and write reports identifying
results required by the EPA, the Regional Water Quality Control Board, and the State
Department of Health Services; and
WHEREAS, the DISTRICT desires and the AUTHORITY is willing to provide
the analytical and laboratory services as described herein,
NOW THEREFORE, in consideration of their mutual promises, observations
and covenants hereinafter contained, the parties hereby agree as follows:
1. Term of Agreeement. This Agreement shall remain in full force and effect until terminated
pursuant to Section 6.
2. DISTRICT'S OBLIGATIONS
a. SAMPLES FURNISHED BY DISTRICT. In order for the AUTHORITY to
provide services to the DISTRICT, the DISTRICT shall deliver all water samples to the
AUTHORITY within six (6) hours of sampling, with all custodial documentation properly
prepared. Any requests for service outside the regular working hours of Monday-Friday, 7:00
a.m. - 3:00 p.m., shall not be considered until the regular working hours of the next business day.
b. PAYMENT TO AUTHORITY.
i. DETERMINATION OF COMPENSATION. DISTRICT shall pay for
each analysis conducted by AUTHORITY for DISTRICT pursuant to this Agreement according
to the schedule set forth in Attachment A: Laboratory Services Price Schedule. AUTHORITY
017.143382.5 -1-
shall invoice DISTRICT each quarter for services provided under this Agreement.
AUTHORITY'S invoice, or accompanying documentation, shall specifically state the type and
quantity of each analysis conducted by AUTHORITY for DISTRICTduring the preceding
quarter.
ii. PAYMENT OF COMPENSATION. DISTRICT shall pay AUTHORITY
within thrity (30) days of receipt of AUTHORITY'S invoice.
iii. SERVICE LEVEL CHANGES. Not later than the 1st of February,
DISTRICT shall notify AUTHORITY of anticipated changes in the level of services required by
DISTRCT for the coming fiscal year.
iv. REVISIONS TO PRICE SCHEDULE. Not later than the 1st of March,
AUTHORITY shall notify DISTRICT of all changes to Attachment A: Laboratory Services Price
Schedule for the coming fiscal year.
c. DISTRICT'S REPRESENTATIVE. The Deputy Public Works Director of the
DISTRICT is empowered to act on behalf of the DISTRICT in carrying out this Agreement.
3. AUTHORITY'S OBLIGATIONS
a. SERVICES TO BE PERFORMED
i. LABORATORY TESTING. AUTHORITY shall perform
laboratory analysis on all water samples delivered to the AUTHORITY Laboratory by
DISTRICT on behalf of DISTRICT. Said testing shall be performed in due course along with
AUTHORITY'S other laboratory obligations.
ii. REPORT PREPARATION. AUTHORITY shall submit to the
DISTRICT, weekly, monthly, quarterly, semi-annual and/or annual reports as identified in
Attachment A. These reports shall be prepared in accordance with regulatory standards for
laboratory reporting and in a format that is acceptable to the DISTRICT. Copies of weekly test
results shall be submitted to the California Department of Health Services, Drinking Water Field
Operations Branch, 1350 Front Street, Room 2050, San Diego, California 92101.
iii. SPECIAL SERVICES. AUTHORITY shall perform additional
services as requested by DISTRICT in accordance with a mutually agreed upon time schedule
and compensation. Special reports requested by the DISTRICT may require a reassessment of
the level of effort and compensation due for report preparation.
b. AUTHORITY'S REPRESENTATIVE. General Manager of AUTHORITY is
empowered to act on behalf of the Board of Directors of the AUTHORITY in carrying out this
Agreement.
c. RESPONSIBILITY OF AUTHORITY. In performing its obligations under
this Agreement, AUTHORITY shall follow practices consistent with generally accepted
017.143382.5 -2-
laboratory standards and AUTHORITY represents that its staff is skilled in the expertise
necessary to provide these services.
4. HOLD HARMLESS AND INDEMNIFICATION. AUTHORITY agrees to hold
harmless, defend and indemnify DISTRICT, its officers, agents and employees against all claims,
damages, losses and costs, including costs of defense, resulting from the AUTHORITY'S own
negligent or willful acts or omissions which arise from the AUTHORITY'S obligations under this
Agreement.
DISTRICT agrees to hold harmless, defend and indemnify AUTHORITY, its
officers, agents and employees and its other Member Agencies, their officers, agents and
employees, against all claims, damages, losses and costs, including costs of defense, resulting
from the DISTRICT'S own negligent or willful acts or omissions which arise from the
DISTRICT'S obligations under this Agreement.
5. ASSIGNMENT. Except as expressly provided herein, this Agreement shall not be
assignable by either party without the prior, written consent of the other party hereto. When duly
assigned in accordance with the foregoing, this Agreement shall be binding upon and shall insure
to the benefit of the assignee.
6. TERMINATION. This Agreement may be terminated early only as provided in this
Section.
a. EARLY TERMINATION FOR CAUSE. This Agreement may be terminated
for good cause by either party upon delivery often (10) days notice thereof to the other party
indicating why the other party is in substantial breach of its obligations hereunder. Unless the
substantial breach is remedied within the said ten (10) day period, this Agreement shall be
deemed terminated on the tenth day.
b. EARLY TERMINATION IN RESPONSE TO COST INCREASES. The
DISTRICT may terminate this Agreement by providing ten (10) days written notice to the
AUTHORITY that it finds unacceptable any price increase imposed by the AUTHORITY as
reflected in revisions to Attachment A. DISTRICT must give such written notice to
AUTHORITY within ten (10) working days of the date of mailing of revisions to Attachment A
by the AUTHORITY to the DISTRICT.
c. OTHER EARLY TERMINATION. In addition to the rights to early
termination provided above in Subsections 6(a) and 6(b), either party may terminate this
Agreement upon thirty (30) days written notice to the other party, with or without cause.
d. PAYMENT UPON TERMINATION. Upon termination of this Agreement
under Subsections 6(a), 6(b), or 6(c) above, the AUTHORITY shall, within a reasonable period
of time, deliver to DISTRICT all samples, test results, and reports in its possession relating to its
work for DISTRICT together with a final billing. DISTRICT shall pay the billing within thirty
(30) days of the receipt of same.
017.143382.5 -3-
e. SURVIVAL OF CERTAIN OBLIGATIONS. Notwithstanding termination of
this Agreement under any subsection of this Section 6, the obligations of the DISTRICT and
AUTHORITY to indemnify, defend and hold harmless each other shall survive and remain in full
force and effect as to any suit or claim relating to the actions, or failure to act, of AUTHORITY
or the DISTRICT during the effective term of the Agreement irrespective of when such suit or
claim may be brought.
7. ENTIRE AGREEMENT; AMENDMENT. This Agreement constitutes the entire
Agreement between the parties hereto with respect to the subject matter herein and neither party
nor any of its agents or employees has relied on any representation or statement of the party
except as specifically set forth herein. The Agreement may not be modified or amended except
in a writing signed by all parties to the Agreement.
8. NOTICES. All communications, notices and demands of any kind which either party
hereto may be required or may desire to give to or serve upon the other party or any office thereof
or by enclosing it in a sealed envelope and depositing it in the United States mail, postage
prepaid, registered, and addressed to the respective parties as follows:
TO AUTHORITY:
TO DISTRICT:
Encina Wastewater Authority
6200 Avenida Encinas
Carlsbad, California 92011
Attention: Doug Campbell, Laboratory Supervisor
CARLSBAD MUNICIPAL WATER DISTRICT
5950 El Camino Real
Carlsbad, California 92008
Attention: Kurt Musser, PW Manager, Utility
Operations
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed the day and year first above written.
CARLSBAD MUNICIPAL WATER DISTRICT ENCINA WASTEWATER AUTHORITY
Executive Manager c,
S^$Ghaiair of the Board of Directors
Approved as to Form:
By:
District Counsel
Approved as to Form:
Authority Counsel
017.143382.5 .4.
017.143382.5 -5-
ATTACHMENT A
017.143382.5 -6-
ENCINA WASTEWATER AUTHORITY
LABORATORY SERVICES
FY 2005/2006 PRICE SCHEDULE
2005/2006
$13.00
$15.00
$28.00
$17.00
$28.00
$26.00
$14.00
$12.00
$35.00
$16.00
$14.00
$85.00
$14.00
$14.00
$45.00
$12.00
$10.00
$15.00
$20.00
$15.00
$15.00
$14.00
$14.00
$10.00
$9.00
$56.00
$10.00
$14.00
$17.00
$33.00
$10.00
$20.00
$20.00
$20.00
$17.00
$17.00
$17.00
$17.00
$17.00
$17.00
Analyses
Alkalinity
Ammonia N
BOD
Boron (Contract Lab)
CBOD
COD
Chloride
Chlorine Res
Cyanide
Fluoride
Total Hardness
Total Nitrogen (Contract Lab)
Nitrate N
Nitrite N
Grease & Oil
Dissolved Oxygen (Winkler)
PH
o-Phosphate
t-Phosphate
TS
TDS
TSSWSS total/volatile
Settleable Solids
VS
VSS
Sodium Adsorption Ratio
Specific Conductance
Sulfate
Sulfide
Surfactants (MBAS)
Turbidity
Vol. Acids
METALS
Aluminum (Contract Lab)
Barium (Contract Lab)
Cadmium
Calcium
t-Chromium
Copper
Iron
Lead
Method No.
SM 2320B
SM 4500-NH3C
SM 521 OB
SM 5210B
HACH 800
SM 4500-CI B
SM 4500-CL G
SM 4500-CN E
SM 4500-F D
SM 2340-C
EPA 352.1
SM 4500-NO2 B
SM 5520B
SM 4500-H+B
SM 4500-P E
HACH 8190
SM 2540 B
SM 2540 C
SM 2540 D,E
SM 2540 F
EPA 160.4
SM 2540 E
SM2510B
EPA 375.4
SM 4500-S=D
SM 5540 C
SM2130B
200.7
200.7
SM3111 B
SM3111 B
SM3111 B
SM3111 B
SM3111 B
SM3111 B
EWA Lab Service Fees FY2005/2006
2005/2006
$17.00
$17.00
$40.00
$17.00
$17.00
$17.00
$17.00
$17.00
$21.00
$26.00
$19.00
$21.00
$26.00
$19.00
$16.00
$16.00
$21.00
$11.00
$11.00
$11.00
$20.00
$98.00
$57.00
$25.00
Analyses Method No.
METALS CONTINUED
Magnesium
Manganese
Mercury (Contract lab)
Nickel
Potassium
Silver
Sodium
Zinc
FURNACE METALS (low level)
Antimony
Arsenic
Beryllium
Molybdenum
Selenium
Thallium
MICROBIOLOGY
RECREATIONAL & WASTEWATER
Total Coliform m-F
Fecal Coliform m-F
Enterococcus m-F
Heterotrophic Plate Count
DRINKING WATER
Heterotrophic Plate Count
Colilert Total Coliform \ E. coli
General Physical
OTHER SERVICES
Report Preparation NPDES
Special Services (staff time)
Data Reports
SM3111 B
SM3111 B
SM3111 B
SM 3500-K D
SM3111 B
SM 3500-Na D
SM3111 B
SM3113B
SM3113B
SM3113B
SM3113B
SM3113B
SM3113B
SM 9222 B
SM 9222 D
SM 9230 C
SM9215B
SM9215B
SM 9223
Overtime;Special Projects
EWA Lab Service Fees FY2005/2006