HomeMy WebLinkAbout1989-08-01; City Council; 10168; Encina operation and maintenance agreementCIT*kOF CARLSBAD - AGEND/SBILL
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TITLE:
ENCINA CENTRALIZED FLOW METERING PROGRAM
OPERATION AND MAINTENANCE AGREEMENT
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CITY ATTY
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RECOMMENDED ACTION:
Adopt Resolution No.approving the Encina Centralized Flow Metering program
Operation and Maintenance Agreement
FTEM EXPLANATION:
At its June 28, 1989 meeting the Encina Joint Advisory Committee recommended that the
newly formed Encina Administrative Agency (EAA) execute agreements with each member
agency in order to establish guidelines and reimbursement for the operation and maintenance
of a centralized flow metering system for flows into the Encina Water Pollution Control
Facility.
The metering program is required to more precisely determine the overall contribution of
effluent to the plant by each of the member agencies. The attached Joint Advisory
Committee Staff report has been included to provided additional information on the operation
and status of Centralized Flow Metering program.
FISCAL IMPACT:
The total cost to provide one year of service to the total system is $36,960 based on the
service agreement between EAA and ADS Services Inc. Carlsbad's share of this cost would
be $8,264.00. This amount would be paid for from the sewer maintenance enterprise fund.
EXHIBFTS:
1 . Staff report for Joint Advisory Committee dated June 20, 1 989.
2. Encina Centralized Flow Metering Program Operation and Maintenance Agreement.
3.Resolution No.approving the Encina Centralized Flow Metering Program
Operation and Maintenance Agreement.
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ENCINA WATER POLLUTION CONTROL FACILITY
6200 Avenida Encinas
June 20, 1989 Carlsbad, CA 92009-0171
Telephone (619) 438-3941
Ref: 7027
Joint Advisory Committee (JAC) Members
Centralized Flow Metering Program
At its January meeting, JAC approved a contract with ADS Services
Inc. (ADS) for the installation of a centralized flow metering
system. The system is scheduled to be installed by July 20, 1989.
Part of that contract was an extended service agreement. Certain
components of the system were installed specifically for monitoring
individual member agency flows. Those components were paid for and
are owned in their entirety by the respective member agency. Other
"shared" components were required by all member agencies and were
paid for and are owned based on Phase IV Unit J (outfall) owner-
ship. The majority of the meters are located outside the boun-
daries of the Encina Facility and within the service area of
various member agencies.
The Technical Advisory Committee (TAC) has discussed the above
issue and in order to provide maintenance of the metering system
it is:
RECOMMENDED
JAC recommend the EAA execute agreements with each member agency
in order to establish guidelines and reimbursement for the
operation and maintenance of the portions of the centralized flow
metering required specifically for the individual agency.
DISCUSSION
The service agreement provided by ADS establishes specific costs
per meter per month for the required services. Since the agreement
is based on unit costs, it is possible to establish the cost
required by each agency to service their individual ADS metering
equipment. Equipment that is required by all the member agencies
(Encina effluent meters) are owned proportionately by the member
agencies. The ownership of the shared facilities was based on
Phase IV Unit J (outfall) since the intent of the system is to
monitor flows into the plant and through the outfall in order to
provide a more complete liquid inventory.
The ownership of the system as a whole is unlike any established
Encina unit ownership (I, J, etc.). Certain components are owned
in their entirety by individual member agencies and certain
components have shared ownership.
-19-
SERVINC THE CITY OF VISTA, CITY Of CARLSBAD, BUENA SANITATION DISTRICT, SAN MARCOS COUNTY WATER DISTRICT,
LEUCADIA COUNTY WATER DISTRICT AND ENCINITAS SANITARY DISTRICT
/*s
Joint Advisory ComBWttee (JAC) Members
Subject: Centralized Flow Metering Program
June 20, 1989
Page Two Ref: 7027.1
Guidelines addressing the issues associated with a company under
contract with the EAA, performing work outside the boundaries of
the Encina facility, and within the service areas and facilities
of the member agencies, must also be established.
In order to avoid creating a new unit within Encina and/or
extensive revisions to the basic agreement, operation and mainten-
ance of equipment, which is already purchased proportionately by
the member agencies based on unit J ownership, will be budgeted as
part of unit J. Operation and maintenance services for equipment
owned by individual agencies, which in most cases require more
complex issues to be addressed, would be provided through contracts
between the EAA and the individual agencies.
The attached agreement would be typical of the agreement for each
member agency. Each agreement would identify equipment unique to
the individual agency and the associated service cost.
System Status:
The installation and startup of the system is scheduled to be
completed by July 20, 1989. To date all but one meter is installed
and hydraulic calibrations are about 85% complete.
Installation of the Shadowridge excess effluent meter has been
delayed due to problems identified during the installation of the
flume, which is part of an ongoing plant expansion. The situation
requires finding a new location for the ADS meter and may require
that startup of the individual meter take place following the
anticipated July 20, 1989 system completion.
The first flow report based on the data collected by the central-
ized system is targeted to be presented at the September 1989 JAC
meeting and will cover August 1989 flows.
In a related matter, the existing flow metering policy will be
revised to accommodate the new system. A draft policy will be
presented to TAG at its July meeting. It is anticipated that a
final draft policy will be before JAC following two months of
system operation (October 1989). Any unforseen operational
considerations identified within the initial two months will be
incorporated in the final draft.
FISCAL IMPACT
The total cost to provide one year of service to the total system
would be $36,960 based on the ADS service agreement. The attached
table describes how the total cost would be divided per agency
including both the individual and shared cost components. The
amount required has been provided in the FY 99/90 Budget.
-20-
ENCINA WATER POLLUTION CONTROL FACILITY
6200 Avenida Encinas, Carlsbad, CA 92009-0171 (619) 438-3941
Serving North
San Diego County
Joint Advisory Committee (JAC) Members
Subject: Centralized Flow Metering Program
June 20, 1989
Page Three
Ref: 7027.1
The ADS service agreement provides for an additional two year
extension and a cost adjustment based on the appropriate ENRLA
index.
TAG POSITION
TAG has reviewed the attached agreement and unanimously endorse
this recommendation.
Very truly yours,
Richard w. 75raf f
General Manage
WGH:RWG:kw
Attachment
O -21-
ENCINA WATER POLLUTION CONTROL FACILITY
6200 Avenida Encinas, Carlsbad, CA 92009-0171 (619) 438-3941
Serving North
San Diego County
.4
Encina
One
Agency
Buena
Vista
Vallecitos
Carlsbad
Leucadia
Encinitas
Total
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Centralized Basinwide Flow Metering System
Year (FY 89/90) Service Agreement Coats
Individual
Service
Cost
7,200
7,440
4,800
7,680
4,800
2,640
34,560
Shared
Cost
(Unit J)
222
508
476
584
496
Hi
2,400
Ref: 7052
Total
Service
Cost
7,422
7,948
5,276
8,264
5,296
2.754
36,960
June 19, 1989
ENCINA CENTRALIZED FLOW METERING PROGRAM
OPERATION AND MAINTENANCE AGREEMENT
Ref: 7026
This agreement is made and entered into on , 1989 by and
between City of Carlsbad (hereinafter "AGENCY") and the Encina
Administrative Agency (hereinafter "EAA").
RECITALS
A. AGENCY is a party to the Encina Joint Powers Basic Agreement
(Basic Agreement) entered into on July 13, 1961 for the
acquisition, construction, ownership, operation, and main-
tenance of the Encina Joint Sewer System.
B. In connection with the operation of the Encina Joint Sewer
System, a centralized flow metering system was installed to
monitor the flows to the Encina facility (Unit I) and through
the ocean outfall (Unit J).
C. Certain components of the centralized flow metering system are
required specifically for metering flows from the AGENCY and
are owned exclusively by the AGENCY. Other components of the
system are either exclusively owned by other member agencies
or are proportionately owned by each member agency based on
unit J ownership as described in the Basic Agreement.
D. Certain components of the centralized flow metering system are
located outside the physical boundaries of the Encina Water
Pollution Control Facility and are within the service area of
the AGENCY.
E. The EAA was created to administer, manage, operate, and
maintain the Encina Joint Sewer system.
F. The AGENCY desires the EAA to operate and maintain the
components of the centralized flow metering system which are
exclusively owned by the AGENCY and located either within the
boundaries of the Encina Water Pollution Control Facility
and/or within the AGENCY'S service area.
G. The EAA has the ability to perform the desired services or to
subcontract with outside firms as required to perform the
desired services.
NOW THEREFORE, in consideration of the mutual covenants and
conditions herein contained, the parties hereto agree as follows:
1. Authorization to Operate and Maintain Meters. AGENCY hereby
authorizes the EAA to operate and maintain the flow metering
equipment described herein and as per the terms and conditions
of this agreement.
W'
Page Two
Ref: 7026.1
2. Equipment. The equipment to be operated and maintained by the
EAA shall be the ADS flow metering equipment purchased for the
purposes of monitoring flows to Units I and J as per the
contract between EAA and ADS dated January 26, 1989 and as
described as follows:
Site No. Location
Cl Flume at Encina
C2 South of Encina
C3 North of Encina
3. Term of Agreement. This agreement shall begin upon approval
of both the EAA and the AGENCY and shall remain in force until
termination by either EAA or AGENCY per item 19 "Termination".
4. Compensation. The cost to provide the required operation and
maintenance of the flow metering equipment described herein
shall be included in the Encina budget and shall be billed to
AGENCY in accordance with the Basic Agreement and its Supple-
ments .
The cost for 365 calendar days of service, for the metering
equipment described under item 2 "Equipment" shall be $7,860.
Should the AGENCY and EAA desire to continue service following
365 calendar days, compensation shall be adjusted per the
ENRLA index at that time.
5. Services Provided. The services provided shall be those
services as described in the ADS Services Agreement (Appendix
A) which was included as part of the January 26, 1989 contract
between ADS Services Inc. and the EAA. The services shall be
performed by the EAA or by a qualified firm subcontracted by
the EAA at the discretion of the EAA.
6. Data Access. The computer station located at the Encina Water
Pollution Control Facility shall be designated the master
station. The EAA and its subcontractors shall be authorized
to collect data from AGENCY owned flow metering equipment and
to provide reports per existing Encina flow metering policy.
Member agencies with the necessary hardware and software shall
be allowed to access stored flow data from AGENCY flow
metering equipment.
7. Access to Field Mounted Equipment. AGENCY shall authorize the
EAA and its subcontractors to access flow monitoring equipment
located within the service area of the AGENCY. The EAA shall
be issued keys or lock combinations where applicable. EAA
shall contact AGENCY prior to access to service areas. AGENCY
shall authorize EAA and/or its subcontractors to access the
site alone, or shall require AGENCY staff to be present prior
to access, per AGENCY discretion. Should AGENCY staff
Page Three Ref:7026.2
presence be required, AGENCY shall provide access within 60
minutes. AGENCY shall not be responsible for the safety
conditions associated with work performed by the EAA or its
subcontractors. The EAA and its subcontractors shall be
required to comply with all federal, state, and local safety
requirements including CALOSHA requirements for confined
spaces. EAA shall submit its subcontractors safety procedures
manual for AGENCY review. Review of procedures shall in no
way diminish EAA or its subcontractors responsibilities. The
EAA shall coordinate the efforts between EAA, its subcontrac-
tors, and AGENCY personnel as required.
8. Replacement Equipment. If replacement of equipment to be
serviced per this agreement is required, the AGENCY shall be
so advised and shall review and authorize the recommended
replacement. The total cost for replacement of equipment
directly associated with monitoring AGENCY flow shall be paid
by the AGENCY.
9. Restrictions Regarding ADS Equipment. AGENCY personnel shall
not attempt to service the equipment to be serviced by the EAA
per this agreement in any manner. The phone lines to the flow
metering equipment described herein shall be dedicated lines
and shall not be tampered with or used by AGENCY for any other
purpose.
10. Maintenance of Member Agency Equipment. In order to provide
complete flow reporting capabilities, the EAA shall be assured
that in locations where equipment to be serviced by the EAA
interfaces with AGENCY flow metering equipment:
o The equipment shall be properly maintained.
o The EAA shall be made aware of any anticipated modifica-
tions or calibration of AGENCY equipment at least 14
calendar days prior to commencing work.
o Should modifications to AGENCY equipment inhibit the
operation of the equipment serviced by the EAA, the
AGENCY shall take all necessary actions required to
establish a new metering location.
o The AGENCY shall be responsible for coordinating the
efforts of its equipment manufacturers as required to
mitigate problems linked to the manufactures equipment.
Should AGENCY flow metering equipment, other than the equip-
ment serviced under this agreement, be out of service longer
than 30 continuous calendar days, AGENCY shall submit to the
EAA board a written evaluation of the metering problem and an
anticipated schedule and remedy plan.
11. Insurance. EAA shall require its subcontractors to carry the
following insurance as a minimum:
Page Four Ref: 7026.3
Worker's Compensation Insurance; Statutory amounts of Worker's
Compensation and Employer's Liability Insurance on all its
employees subject to statutory limits of the applicable
Worker's Compensation Act.
Comprehensive Automobile Liability Insurance; Comprehensive
Automobile Liability Policy providing bodily injury liability
on an occurrence basis and property damage liability on an
accident basis. This policy shall protect subcontractor
against all liability arising out of the use of owned or
leased automobiles, both passenger and commercial. Limits of
liability for Comprehensive Automobile Liability Insurance
shall not be less than Five Hundred Thousand Dollars
($500,000) combined Single Limit.
Comprehensive General Liability Insurance; Comprehensive
General Liability Policy providing bodily injury coverage on
an occurrence basis and including completed operations,
independent contractors, and contractual liability coverage.
Limits of liability for Comprehensive General Liability
insurance shall be $500,000 bodily completed operations.
Property damage liability shall not be less than $250,000 each
accident and $500,000 annual aggregate.
All policies must provide thirty (30) days advance notice to
EAA in the event of cancellations, expiration, or alteration.
EAA shall notify AGENCY within 24 hours of notification of
cancellations.
12. Hold Harmless. EAA shall indemnify and hold AGENCY harmless
from any claims, losses, liabilities, or other damages due to
services performed as described herein, whether by act, error,
or omission. AGENCY shall likewise indemnify and hold EAA
harmless from any claims, losses, liabilities or other damages
for AGENCY'S inability to meet the conditions of this Agree-
ment.
13. Nonassiqnment. Neither this agreement nor the rights,
obligations and duties of either party may be assigned,
hypothecated, encumbered or transferred without the prior
written approval of the other party.
14. Binding Nature. This Agreement and its terms, covenants and
conditions shall apply to, inure to the benefit of, and bind
the successors and assigns of the parties hereto.
15. Entire Agreement. This Agreement represents the entire
agreement between the parties, superseding and replacing any
prior negotiations, discussions or agreements of the parties
relation to the subject matter hereof.
16. Amendment. This Agreement may be amended at any time by an
agreement in writing signed by both parties.
Page Five Ref: 7026.4
17. Attorney's Fees. In the event of litigation to interpret or
enforce the terms of this Agreement, the prevailing party
shall be entitled to recover its reasonable attorneys' fees
in addition to costs.
18. Written Notice. Any notice or other instrument required by
this agreement shall be deemed delivered if deposited,
certified mail, in the United States mail and addressed as
follows:
"EAA"
Encina Administrative Agency
6200 Avenida Encinas
Carlsbad, CA 92009
"AGENCY"
City of Carlsbad
1200 Elm Ave
Carlsbad, CA 92009
Notice of a change of address shall be delivered in the same
manner as any other notice provided by this paragraph, but
shall not be deemed effective until received by the other
party to this agreement.
19. Termination. This agreement may be terminated in whole or in
part by either the EAA or AGENCY by submitting written notice
not less than 90 calendar days prior to termination. Notice
shall be delivered by certified mail, return receipt re-
guested.
If Agreement is terminated in whole or in part, an adjustment
in compensation shall be negotiated between AGENCY and EAA.
20. Governing Law. This AGREEMENT is to be governed by and
construed in accordance with the laws of the State of Califor-
nia.
IN WITNESS WHEREOF, duly authorized representatives of the
parties have signed in confirmation of this AGREEMENT as of the day
and year first above written.
ENCINA ADMINISTRATIVE AGENCY AGENCY
_ By:.
Chai/man
Approved as to form and legality
EAA^ounsel
ATTACHMENT A
COMPREHENSIVE SERVICE AGREEMENT
BETWEEN EAA AND ADS SERVICES INC.
ADS SERVICES, INC.
COMPREHENSIVE SERVICE AGREEMENT
This Service Agreement defines the services offered and the
terms and conditions relating thereto with respect to the
AGREEMENT entered into by and between ADS Services, Inc. (ADS),
with offices located at 5490 Complex St. Unit 603, san Diego, CA.
92123 and The Encina Administrative Agency (EAA), with offices
located at 6200 Avenida Bncinas, Carlsbad, CA. 92008-0171
(AGENCY), dated , 1989.
Products 1.
Serviced
By ADS:
Products 2.
Serviced
By Others:
Services 3.
Performed
By ADS:
Diagnostics
Repair
Response
Tiae
QuarterlyMaintenance
Visits
ADS will provide all service under the
terms and conditions specified in this
Agreenent for equipment supplied now or at a
later date with respect to the Schedule of
Equipment (Appendix A)•
ADS will present Manufacturers' Service
Agreements covering the equipment for which
ADS supplies but does not perform repairs and
maintenance service (i.e., central computer
and peripherals).
ADS will perform the following services
on equipment it services:
a. Remote diagnostic check-out of all
equipment using its most current
procedures and programs from its
facilities in Runtsville, Alabama, or
other service locations, by use of
telephone lines.
b. Repair and preventative maintenance
services, including battery replacement,
necessary to keep the equipment
operating in accordance with the
manufacturer's design specifications.
These services will be performed at the
ADS service facilities in Runtsville,
Alabama, or other service locations.
c. ADS will respond to a notification of
malfunction within 48 hours, and within
an additional 48 hour period, ADS will
repair (or replace with a temporary
spare unit) equipment.
d. ADS will provide as a minimum, once per
quarter year site visits to perform
hydraulic and electronic calibration,
20'Oi SOb 6S:ST 686T-6T-Nyr
confirmation and hardware checks.
Service
Statement
Services
Performed By
BUYERi
Interface
e. ADS will provide a Statement of
Repair Service performed or diagnostics
run when the service is performed.
4. AGENCY agrees to perform the following
functions in connection with this
Agreement. AGENCY agrees that certain
activities must be performed prior to ADShaving any obligation to perform
services enumerated in Paragraph 3
hereof.
a. To make no changes in the equipment or
software that would preclude ADS from
being able to interface via telephone
with AGENCY'* equipment unless agreed to
by ADS in writing.
b.Assistance
Notification
Electronic Access d.
Prices 5.
Not to make repairs or perform
maintenance or attempt to do so on the
equipment unless authorized by ADS.
To notify ADS of an equipment
malfunctions within five (5) working
days by phone or in writing.
To allow ADS to address the system
electronically for purposes of running
diagnostic tests and performing other
functions in the course of this
preventive maintenance test and
checkout.
Charges for all services as detailed in
Section 1 of this agreement shall be as
followss
1. For depth and velocity sites, $220/month
2. For depth only and existing meter
(magmeter, sonic meter, etc.) sites,$200/month
Total annual service cost per monitor is
shown in Table 1, attached.
Monthly
Service
Exclusions!
6. The following equipment and services
shall be excluded from this Agreements
01 •3NI'S3Dina3S SOW 00:91 686T-6T-N«f
a. Communication* line work external to the
equipment.
b. changes or alterations in
specification*.
c. painting or refinishing or furnishing
material* therefore (except as damage by
ADS during service vorX).
d. Installation, moving, or removing of
equipment unless required as part of the
repair process.
e. Repairs made necessary by accident of
the AGENCY, its employees, agents,
contractors or invitees.
f. Repairs made necessary due to attempts
by AGENCY to repair or maintain the
equipment unless authorized by ADS.
g. Service during holidays. Repair service
during a holiday period, if requested by
AGENCY, shall be at a rate agreed to by
both parties in writing.
h. Maintenance and repair necessary to put
equipment not under a monthly service
contract in good repair.
She Service Contract shall remain in force for
Service 7. 365 calendar days following initiation of the
Contract Terms service component of the AGREEMENT in writing
by the AGENCY. The AGENCY shall have an
option to extend the contract up to 730
additional calendar days. Cost for
additional service shall be based on the cost
quoted herein and adjusted using the current
ENRLA index.
T98C8Cfr6I9I 01 'ONI 'S30irtt3S SOW , WCWJ 00:9T 686I-6t-Nyf
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RESOLUTION NO. 89~268
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD CALIFORNIA APPROVING THE ENCINA CENTRALIZED
FLOW METERING PROGRAM OPERATION AND MAINTENANCE
AGREEMENT.
WHEREAS, the Joint Advisory Committee for the Encina Water Pollution Control Facility
has recommend approval for the Encina Centralized Flow Metering Program Operation and
Maintenance Agreement; and
WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public
interest to approve said agreement;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the Encina Centralized Flow Metering Operation and Maintenance Agreement
which is on file with the City Clerk and is incorporated by this reference is approved.
3. That the mayor is authorized to sign said agreement in duplicate on behalf of the
City.
4. That the City Clerk is directed to file said agreement and forward the duplicate
copy to Mr. Bill Hunter of the Encina Water Pollution Control Facility.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 1st day of August . 1939 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
ATTEST:
, Mayor
ALETHA L. RAUTENKRANZ
(SEAL)
Jz^L^
NZ, City Cle>h