HomeMy WebLinkAboutEncina Wastewater Authority; 2006-07-01; PWENG532PWENG532
AGREEMENT FOR PROVISION OF LABORATORY SERVICES
BETWEEN THE ENCINA WASTEWATER AUTHORITY
AND
CITY OF CARLSBAD
Ref: Admin 06-8136
THIS Agreement is entered into this _lst_ day of _July_, 2006, by and between
the CITY OF CARLSBAD, a public agency in the State of California, hereinafter referred to
as the CITY 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 CITY 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. The term of this Agreement shall be from the date
entered above until June 30, 2011, unless terminated earlier as herein provided. The CITY and
AUTHORITY may amend the Agreement to extend it for two (2) additional one year periods,
unless terminated earlier as herein provided.
2. CITY'S OBLIGATIONS
a. SAMPLES FURNISHED BY CITY. In order for the AUTHORITY to
provide services to the CITY, the CITY 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. CITY shall pay for each
analysis conducted by AUTHORITY for CITY pursuant to this Agreement according to the
schedule set forth in Attachment Laboratory Services Price Schedule. AUTHORITY shall
invoice CITY 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 CITYduring the preceding quarter.
ii. PAYMENT OF COMPENSATION. CITY shall pay AUTHORITY
within thrity (30) days of receipt of AUTHORITY'S invoice.
iii. SERVICE LEVEL CHANGES. Not later than the 1st of February, CITY
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 CITY of all changes to Price Schedule: Laboratory Services Price
Schedule for the coming fiscal year.
a. CITY'S REPRESENTATIVE. The "Public Works Manager-Environmental
Programs" of the CITY is empowered to act on behalf of the CITY 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 CITY on
behalf of CITY. Said testing shall be performed in due course along with AUTHORITY'S other
laboratory obligations.
ii. REPORT PREPARATION. AUTHORITY shall submit to the
CITY, weekly, monthly, quarterly, semi-annual and/or annual reports. These reports shall be
prepared in accordance with regulatory standards for laboratory reporting and in a format that is
acceptable to the CITY.
iii. SPECIAL SERVICES. AUTHORITY shall perform additional
services as requested by CITY in accordance with a mutually agreed upon time schedule and
compensation. Special reports requested by the CITY 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
laboratory standards and AUTHORITY represents that its staff is skilled in the expertise
necessary to provide these services.
4. HOLD HARMLESS AND INDEMNIFICATION.
a. Notwithstanding the provisions of Government Code Section 895.2, CITY
shall, to the fullest extent allowed by law, indemnify, defend and hold AUTHORITY, and the
member agencies of AUTHORITY are not parties to this Agreement, their officers, directors,
agents and employees, harmless from any and all claims, demands, liens, actions, liabilities,
costs, and expenses, including attorneys' fees, based upon or arising out of or claimed to have
arisen out of any act or omission by AUTHORITY related to this Memorandum, other than
actual intentional or otherwise willful misconduct of an AUTHORITY employee, officer or agent
not covered by the insurance required in Article VI. The City of Vista, Buena Sanitation
District, Leucadia Wastewater District, Vallecitos Water District, and the City of Encinitas are
not parties to this Agreement.
b. CITY also agrees to hold harmless and defend such agencies and
AUTHORITY, their officers, agents, and employees with respect to claim or legal proceedings
or judgment made, filed, or presented against the foregoing, by reason of CITY's or their
officers', agents', or employees' negligence, intentional or otherwise willful misconduct
regarding 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 of ten (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 CITY
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 Price Schedule. CITY 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 CITY.
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 CITY all samples, test results, and reports in its possession relating
to its work for CITY together with a final billing. CITY shall pay the billing within thirty
(30) days of the receipt of same.
e. SURVIVAL OF CERTAIN OBLIGATIONS. Notwithstanding termination of
this Agreement under any subsection of this Section 6, the obligations of the CITY 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 CITY 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: Encina Wastewater Authority
6200 Avenida Encinas
Carlsbad, California 92011
Attention: Doug Campbell, Laboratory Supervisor
TO CITY: City Of Carlsbad
1635 Faraday Avenue
Carlsbad, California 92008
Attention: Elaine Lukey,
Acting Environmental Programs Manager
IN WITNESS WHEREOF, the parties hereto have caused this instrument to
be executed the day and year first above written.
CITY OF CARLSBAD ENCINA WASTEWATER AUTHORITY
Executive Manager General Manager,
Approved as to Form:Approved as to Form:
By: MCITY Counsel Authority Counsel
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
SM5210B
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