HomeMy WebLinkAbout1991-04-02; City Council; 11099; ENCINA SHORT TERM CAPACITY MANAGEMENT POLICY AND FLOW METERING MAINTENANCE AND OPERATION AGREEMENTt
B’
MANAGEMENT POLICY AND FLOW METERING
MAINTENANCE AND OPERATION AGREEMENT
RECOMMENDED ACTION:
Adopt Resolution No. q 1 -. \ 0 ‘t approving the Revised Short Teri
Management Policy and Flow Metering Maintenance and Operation Agreem
ITEM EXPLANATION:
The Encina Water Pollution Control Facility Joint Advisory Committee (JAC) ap
revised documents at their February 25,1991 meeting which also require mem
approval. The Short Term Capacity Management Policy was revised to make it
with recent revisions to the Basic Agreement. The revisions to the Policy
Agreement allow member agencies in need of additional capacity to tempor
from other member agencies. The latest Short Term Capacity Managem
Update concludes that, unless there are significant changes in the rate of flo
and/or the Phase IV construction schedule, existing capacity will be adequate I
IV is completed.
JAC also approved revisions to Encina Centralized Flow Metering Program Ope
Maintenance Agreements between Encina and individual member agencie:
implemented the flow metering program in 1989 to ensure that acci
measurements are obtained for revenue program requirements. The agreeme
Encina to operate and maintain agency owned flow metering equipment for a
One of the proposed revisions to the agreement changes the basis for fee incrc
the Engineering News Record Los Angeles Construction Index to the Lo
Consumer Price Index since this is not a construction contract. The other
change requires a member agency to pay for re-calibration of the equipml
required as a result of modifications made to the equipment by the member agt
change reflects a policy which Encina and member agencies currently follow.
> FISCAL IMPACT: 8 “X e The $7,860 yearly fee for maintaining and operating the flow metering eqL
included in the annual Encina budget request.
1.
2.
Short Term Capacity Management Policy.
Flow Metering Maintenance and Operation Agreement.
.. z 0
6 4 3, QQGOI-.Ak&fl &b. Cf/-\o#j s z 3 0 0
Shog Term Capacity lanagemen~olicy
Approve4 RC
RC
Member j
APPrc
Re:
PURPOSE - To establish a policy minimizing the disrupl
wastewater service in the Encina service area prio
completion of Phase IV.
BACKGROUND -The Encina Phase IV Expansion Project is schedi
completion by April 1992. A short term capacity ma
study was accepted by the Encina Joint Advisory C
(JAC) on September 7, 1988 and updated in Marc
February 1990, and February 1991. That study
updates examined the Encina service area treatmei
over the short term, i.e., until the completion of €
The most recent update concluded that there SI
sufficient treatment capacity within the service ar
December 1992; by that time, the Phase IV capacit
be available. However, individual agencies n
capacity shortfalls and/or present trends may
significantly, and a basin wide shortfall could occ
to the completion of Phase IV. Upon examining the s
on capacity, the member agencies set the following
< m Ref: w Page Two
POLICY - 1. Temporary purchases of Encina capacity shal
method of meeting individual agency shortf
described in Section 9.4 of the Revise
Agreement.
2. When the Encina service area flows reach 26.E
gallons per day (MGD) on a monthly basis tk
agencies will consider the following correct9
after due consideration is given to the estima
IV completion date:
A. Curtailment of all groundwater clean
acceptance of septage discharges at tk
plant.
B. Restricting Oceanside flow to that
ttWilcox Triangle Area".
C. Transferring a portion of Vista'
originating in the Encina service ,
Oceanside.
D. Rehabilitation of the anaerobic digestt
Gafner Treatment plant to obtain addition
treatment capacity.
E. Other options, including direction a
agency flows to treatment plants out
service area.
3. The member agencies shall provide on a mont
to the EM:
A. A total count of connected EDU's
Ref: Page Three W W
B. A total EDU count of legally binding corn
to serve and the estimated schedule of actr
associated with the commitments.
4. This policy shall expire upon completion of tl:
IV project.
w
ENCINA CENTRALIZED FLOW METERING PROGRAM
OPERATION AND MAINTENANCE AGREEMENT
Ref:
1991 by This agreement is made and entered into on between City of Carlsbad (hereinafter lgAGE d the Er
Administrative Agency (hereinafter slEMsr) .
RECITALS
A. AGENCY is a party to the Encina Joint Powers Revised I Agreement (RBA) entered into on December 17, 1990 for acquisition, construction, ownership, operation, and r tenance of the Encina Joint Sewer System.
B. In connection with the operation of the Encina Joint : System, a centralized flow metering system was install€ monitor the flows to the Encina facility (Unit I) and th2 the ocean outfall (Unit J).
Certain components of the centralized flow metering syste:
required specifically for metering flows from the AGENCl
are owned exclusively by the AGENCY. Other components 0: system are either exclusively owned by other member age1 or are proportionately owned by each member agency basc unit J ownership as described in the RBA.
Certain components of the centralized flow metering syste' located outside the physical boundaries of the Encina 6 Pollution Control Facility and are within the service arc the AGENCY.
C.
D.
E. The EM was created to administer, manage, operate, maintain the Encina Joint Sewer system.
F. The AGENCY desires the EM to operate and maintain components of the centralized flow metering system whicl exclusively owned by the AGENCY and located either withii
boundaries of the Encina Water Pollution Control Fac:
and/or within the AGENCYBS service area.
The EAA has the ability to perform the desired services ( subcontract with outside firms as required to perforxr
desired services.
NOW THEREFORE, in consideration of the mutual covenant: conditions herein contained, the parties hereto agree as fol:
1. Authorization to Operate and Maintain Meters. AGENCY he
authorizes the EAA to operate and maintain the flow met(
equipment described herein and as per the terms and condil
of this agreement.
G.
m m
Page Two
Ref:: 4(
2. Equipment. The equipment to be operated and maintained by
EAA shall be the ADS flow metering equipment purchased for purposes of monitoring flows to Units I and J as per
current Comprehensive Servics Agreement between EAA and dated November 1, 1990 (attached) and as described as follc
Site No. Location
c1 Flume at Encina
c2 South of Encina
c3 North of Encina
3. Term of Agreement. This agreement shall begin upon apprc
of both the EAA and the AGENCY and shall remain in force ur
termination by either EAA or AGENCY per item 19 "Terminatic
4. Compensation. The cost to provide the required operation
maintenance of the flow metering equipment described he shall be included in the Encina budget and shall be bille AGENCY in accordance with the RBA,
The cost for 365 calendar days of service, for the mete
equipment described under item 2 "Equipment'* shall be $7,8
Should the AGENCY and EAA desire to continue service folloi
365 calendar days, compensation shall be adjusted per the
Wngeles Consumer price index at that time,
5. Services Provided. The services provided shall be t
services as described in the current ADS eomprehen Services Agreement (attached). The services shall
performed by the EAA or by a qualified firm subcontractel the EAA at the discretion of the EAA.
Data Access. The computer station located at the Encina W Pollution Control Facility shall be designated the ma station. The EAA and its subcontractors shall be author to collect data from AGENCY owned flow metering equipment to provide reports per existing Encina flow metering pol
Member agencies with the necessary hardware and software s
be allowed to access stored flow data from AGENCY
metering equipment.
6.
7. Access to Field Mounted Equipment. AGENCY shall authorize
EAA and its subcontractors to access flow monitoring equip
located within the service area of the AGENCY. The EAA s be issued keys or lock combinations where applicable.
shall contact AGENCY prior to access to service areas. AG
shall authorize EAA and/or its subcontractors to access
site alone, or shall require AGENCY staff to be present p to access, per AGENCY discretion. Should AGENCY staff
Ref : 4 09 a
presence be required, AGENCY shall provide access withir
minutes. AGENCY shall not be responsible for the sal
conditions associated with work performed by the EAA or
subcontractors. The EAA and its subcontractors shall
required to comply with all federal, state, and local sal
requirements including CALQSHA requirements for confj
spaces. EAA shall submit its subcontractors safety procedt
manual for AGENCY review. Review of procedures shall ir way diminish EAA or its subcontractors responsibilities.
EAA shall coordinate the efforts between EM, its subcontl
tors, and AGENCY personnel as required.
W Page Three
8. Replacement Equipment. If replacement of equipment to serviced per this agreement is required, the AGENCY shall so advised and shall review and authorize the recommei
replacement. The total cost for replacement sf equipr directly associated with monitoring AGENCY flow shall be I by the AGENCY.
9. Restrictions Reqardins ADS Equipment. AGENCY personnel sl not attempt to service the equipment to be serviced by the per this agreement in any manner, The phone lines to the j
metering equipment described herein shall be dedicated 1: and shall not be tampered with or used by AGENCY for any 01 purpose.
10. Maintenance of Member Aqency Equipment. In order to pro1
complete flow reporting capabilities, the EAA shall be asst
that in locations where equipment to be serviced by the
interfaces with AGENCY flow metering equipment:
0
0
The equipment shall be properly maintained.
The EAA shall be made aware of any anticipated modif: tions or calibration of AGENCY equipment at least
calendar days prior to commencing worko
0 Should modifications to AGENCY equipment inhibit
operation of the equipment serviced by the EM,
AGENCY shall take all necessary actions required establish a new metering location.
efforts of its equipment manufacturers as required mitigate problems linked to the manufactures eqblipmt
Should AGENCY flow metering equipment, other than the eq
ment serviced under this agreement, be out of sewice 101
than 30 continuous calendar days, AGENCY shall submit to
EAA board a written evaluation of the metering problem an( anticipated schedule and remedy plan.
If AD8 must recalibrate its equipment as a result of
modifications to member agency equipment by AGENCY~ the h%61
shall pay for such recalibration(s1, issue purchase orders authori incy ABS to pe
bration(s) ana shall bill AGE cy the recali
0 The AGENCY shall be responsible for coordinating
In such eases, E
Ref: 41 Page Four
11. Insurance. EAA shall require its subcontractors to carry
w W
following insurance as a minimum:
Worker's Compensation Insurance: Statutory amounts of Workc
Compensation and Employer's Liability Insurance on all i-
employees subject to statutory limits of the applic,
Worker's Compensation Act.
Comprehensive Automobile Liability Insurance: Comprehen:
Automobile Liability Policy providing bodily injury liabi
on an occurrence basis and property damage liability OP
accident basis. This policy shall protect subcontra1
against all liability arising out of the use of owned
leased automobiles, both passenger and commercial. Limit liability for Comprehensive Automobile Liability Insur shall not be less than Five Hundred Thousand Dol
($500,000) combined Single Limit.
Comprehensive General Liability Insurance: Comprehen
General Liability Policy providing bodily injury coverag
an occurrence basis and including completed operati
independent contractors, and contractual liability cover
Limits of liability for Comprehensive General Liabi
insurance shall be $500,000 bodily completed operati
Property damage liability shall not be less than $250,000 accident and $500,000 annual aggregate.
All policies must provide thirty (30) days advance notic
EAA in the event of cancellations, expiration, or alterat
EAA shall notify AGENCY within 24 ~QU~S of notificatio cancellations.
12. Hold Harmless. EAA shall indemnify and hold AGENCY harn from any claims, losses, liabilities, or other damages dL
services performed as described herein, whether by act, ep: or omission. AGENCY shall likewise indemnify and hold harmless from any claims, losses, liabilities or other dan for AGENCY'S inability to meet the conditions of this Ac ment.
13. Nonassiqnment. Neither this agreement nor the ric obligations and duties of either party may be assic hypothecated, encumbered or transferred without the p
~ written approval of the other party.
14. Bindins Nature. This Agreement and its terns, covenant! conditions shall apply to, inure to the benefit of, and the successors and assigns of the parties hereto.
3.5. Entire Aqreement . This Agreement represents the ea
agreement between the parties, superseding and replacinc prior negotiations, discussions or agreements of the pal
relation to the subject matter hereof.
16. Amendment. This Agreement may be amended at any time B
agreement in writing signed by both parties.
Ref: 409, - W Page Five
17. Attornevls Fees. In the event of litigation to interpret
enforce the terms of this Agreement, the prevailing PE
shall be entitled to recover its reasonable attorneysP j
in addition to costs.
18. Written Notice. Any notice Q?C other instrument requirec
this agreement shall be deemed delivered if deposit
certified mail, in the United States mail and addressed
follows:
I1 EM'#
Encina Administrative Agency
6200 Avenida Encinas
Carlsbad, CA 92009
'!AGENCY It
City of Carlsbad
1200 Elm Ave Carlsbad, CA 92008
Notice of a change of address shall be delivered in the :
manner as any other notice provided by this paragraph, shall not be deemed effective until received by the oi
party to this agreement.
19. Termination. This agreement may be terminated in whole o
part by either the EAA or AGENCY by submitting written no1 not less than 90 calendar days prior to termination. Mol
shall be delivered by certified mail, return receipt
quested.
If Agreement is terminated in whole or in part, an adjus-ti
in compensation shall be negotiated between AGENCY and El
20. Governinq Law. This AGREEMENT is to be governed by
construed in accordance with the laws of the State of Cali
nia.
IN WITNESS WHEREOF, duly authorized representatives of
parties have signed in confirmation of this AGREEMENT as of the and year first above written.
ENCINA ADMINISTRATIVE AGENCY AGENCY - -- __
By : \
City of Cariisbad
Raymond R. Patchett
City Manager
By: c ---FL-d! 2g/ q dy
Chairman
c ,' -/2 :> Approved as to form- 1
EAA Counsel
and conditions relating thereto with respect to the AgreE entered into by and between ADS ENVIRONMENTAL SERVICES, INC. (
and the Encina Administrative Agency (EAA) , dated November 1, 3
Products 1. ADS will provide all service under the tc
Serviced and conditions specified in this Agreemenl BY ADS: equipment as listed on Appendix A.
Products 2. ADS will present Manufacturers' Service Serviced Agreements covering the equipment for wh
By Others: ADS supplies but does not perform repair,
maintenance service (i*e., central compute peripherals) .
Services 3. ADS will perform the following services Performed By equipment it services:
ADS :
Diagnostics: a. Remote diagnostic check-out of
equipment using its most cu
procedures and programs from its
facilities in San Diego, Californi<
other service locations , by us( telephone lines.
Repair: b. Repair and preventative mainte
services, including battery replacs necessary to keep the equipment oper in accordance with the manufactc
design specifications. These ser
will be performed at the ADS SE
facilities in San Diego, Californi
other service locations. The typ
services to be performed under Agreement includes but is not limit
the following:
I
- Communication link failure - Depth sensor replacement. A depth s shall be considered for replacement sensor has less than 5 good sensor with 8 good firings. The sensor w cleaned first; however, if the sen: does not meet these minimum require] it will be replaced. - Low battery voltages. Battery vo shall be considered as being low wh
B
i?
I
C12V is less than 10. OV. ADS will reF
the batteries within the sched
response time,
Velocity sensor replacement. A velc sensor shall be considered for replacf if the sensor readings are a cons value or zero indicating loss of ser
sit ivity o
-
SeFJice c. The field service shall accomodate ( Schedule : normal operating hours of 8:OO A.M
12:OO noon and 1:00 P.M. to 5:OO Monday through Friday.
PriItlaPy d. ADS shall designate a field service Contact : representative who shall be the pr.
contact with EAA for the resolutic 1 field problems. Written notificatic
, l
Interface: a. To make no changes in the equipme
software that would preclude ADS
being able to interface via telephone
EAA equipment unless agreed to by A
writing.
Assistance: b. Not to make repairs or perform
maintenance or attempt to do so on
equipment unless authorized by ADS.
Notification: c. To notify ADS of an equipment
malfunction within five (5) workin< by phone or in writing.
Electronic d. To allow ADS to address the system
Access: electronically for purposes of runr
diagnostic tests and performing otf
I functions in the course of this
preventive maintenance test and
checkout. EAA agrees to have avail
upon request by ADS any data or mor information which would assist in t
diagnostic procedure.
Prices: 5. Charges for all services as detailed in
Section 1 of this Agreement shall be as
follows :
1. For depth and velocity sites, $231,
2. For depth only and existing meter
(magmeter, sonic meter, etc.) site: $2lO/month I
b. Changes or alterations in
specifications.
Painting or refinishing or furnishi
materials therefore (except as dama
by ADS during service work).
c.
I
d. Installation, moving, or removing c
equipment unless required as part c
repair process.
1
I I
I
equipment unless authorized by ADS.
Service during holidays. Repair serv
during a holiday period, if requestec
EM, shall be at a Time & Materials of labor charge - $100/hour, travel
charge - $QO/hour.
Maintenance and repair necessary to
equipment not under a monthly servic
contract in good repair.
Repairs made necessary due to events
beyond ADSIS control.
Service 9. This Agreement shall begin December 1, 19
Agreement Terns: and continue in full force until terminat is accomplished in one of the following k
a) EM or ADS provides a written noticc intent of termination. The contract
shall terminate thirty (30) days aft
receipt of the notice.
A new Agreement between EM and ADS
signed into effect for similar servj
EM petitions for reorganization unc
the Bankruptcy Act or is adjudicatec Bankrupt, or if EAA fails to pay AD! amount when due hereunder.
g.
h.
i.
b)
c)
> IN WITNESS WHEREOF, the parties have executed this Agreement.
ENCINA ADMIN
ADS ENVIRONMENTAL SERVICES, IN
- - m sli 59 p
i
I
ADS ENVIRONMENTAL SERVICES, IMC.
SCHEDULE OF EQUIPMENT
APPENDIX A
I I I This Schedule of Equipment defines the units covered this
Agreement between ADS ENVIRONMENTAL SERVICES, INC. and the En
ADMINISTRATIVE AGENCY.
Alpha Numeric Locat ion Phone Numb€
B1 Encina WWTP; 6200 Avenida (619) 431-1
B2 Behind Green Oak Ranch (619) 727-(
B3 (619) 598-1 c1 Encina WWTP; 6200 Avenida (619) 431-
End of road on Avenida Encinas (619) 431- c2 c3 6010 Avenida Encinas (619) 431-
El 3rd and B Street (619) 632-'
EE1 Encina WWTP: effluent (619) 431-
L2 1960 La Costa Avenue (619) 632-
L1 500' N. of Hwy 101 & Ea Costa Ave. (619) 632-
os1 Off Haymer Dr. (619) 721- v1 3700 Block: Haymer Dr. (619) 439- v2 500' E. of PS on MelrQSe Dr. (619) 727-
VA1 6450 El Camino Real (619) 431- VA2 2310 Rancho Santa Fe Road (619) 744-
I
I
i
I 1
I 1 I
I I
I
I
I 1 I
I
I
1 I i
i &$
1
a .
/-\-
I E. 1. ,
1-
,
ADS ENVIRONMENTAL SERVICES, INC.
COMPREHENSIVE SERVICE AGREEMENT 1 PRICE LIST
APPENDIX B ’ Annual Charge for Monitor Service $37,800.00
I i
I
Site Monthlv Charqe/Sit
Cl, VI, OS1, B1, B2, $210 0 00
VA2, L2, B3, L1
C2, C3, V2, EB $231.00
EE1 $126.00
!
i i i i
I
I i
j
I ,
i
I 1
!
i
j
i
1
1 j
!
I i
1 I
I
!
, I
I
I I i 1 \\
e e
March 19, 1991
TO: DEPUTY CITY CLERK
FROM : Sr. Management Analyst
EpgCINA pm-w- HIETERI&-G miN-T]E&-m-CE m-D 0pEmTIOH- AGREMEH-T
Attached. are two copies of the subject agreement which will
taken to Council for approval sometime in April. Please return copy to my attention after it is signed by the City Manager.
copy is for your file.
Thanks for your help.
-/LC-/’ P-
FRANK BOrnSCH
Sr. Management Analyst
Attachments
1
2
3
4
5
6
7
8
9
3.0
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e m
RESOLUTION NO. 91 - 104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBA
CALIFORNIA, APPROVING THE ENCINA SHORT TERM CAPACI'
MANAGEMENT POLICY AND FLOW METERING MAINTENANCE AP
OPERATION AGREEMENT.
WHEREAS, the City of Carlsbad is party to the Encina Joint Pow
Agreement entered into on July 13, 1961 for the acquisition, construction, c
operation and maintenance of the Encina Joint Sewer System; and
WHEREAS, the Encina Basic Agreement requires member agency appri
Short Term Capacity Management Policy and the Flow Metering Mainter
Operation Agreement; and
WHEREAS, the City Council of the City of Carlsbad desires to approve
and agreement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City c
as follows:
1.
2.
That the above recitations are true and correct.
That the Short Term Capacity Management Policy and the Flo
Maintenance and Operations Agreement, which are on file with the City
incorporated by this reference, are approved.
Ill
Ill
Ill
Ill
Ill
Ill
Ill
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
W 0
3. That the City Manager is authorized to execute said Agreement
of the City.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Car
Council held on the 2nd day of April , 1991 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Nygc
St ant on
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUTEN
(SEAL)
I
20
21
22
23
24
25
26
27
28