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HomeMy WebLinkAbout1989-08-01; City Council; 10168; Encina operation and maintenance agreementCIT*kOF CARLSBAD - AGEND/SBILL MTQ 8-1-89 DEPT._EN£L TITLE: ENCINA CENTRALIZED FLOW METERING PROGRAM OPERATION AND MAINTENANCE AGREEMENT DEPT. HD. CITY ATTY CITY MG o LU gccI o§ o oo 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. >»v >«*s. O 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 w^\** 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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