HomeMy WebLinkAbout2005-04-19; Municipal Water District; 584; MOU approval: Encina Wastewater and CMWDn nh 1
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- TITLE: APPROVE MEMORANDUM OF UNDERSTANDING
BETWEEN ENCINA WASTEWATER AUTHORITY AND THE
CARLSBAD MUNICIPAL WATER DISTRICT FOR THE
OPERATION AND MAINTENANCE OF THE CARLSBAD
WATER RECYCLING FACILITY, AND AMENDMENT NO. 3 WITH
BLACK & VEATCH CORPORATION, PROJECT NO. 3675 AND APPROPRIATION OF FUNDS
RECOMMENDED ACTION:
Adopt Resolution No. 1237 tb approve a Memorandum of Understanding between
Encina Wastewater Authority and the Carlsbad Municipal Water District for the Operation and
Maintenance of the Carlsbad Water Recycling Facility, and Amendment No. 3 with Black & Veatch
Corporation, Project No. 3675, and Appropriation of Fund’s.
ITEM EXPLANATION:
The treatment facility for the Encina Basin Water Reclamation Program, Phase II Project includes
the 4.0 million gallon per day Carlsbad Water Recycling Facility (CWRF), a 7.0 million gallon flow
equalization storage reservoir, an influent pump station, and a recycled water pump station.
A “Notice of Completion” was approved on October 5, 2004 for the CWRF. The 7.0 million gallon
flow equalization storage reservoir, the influent pump station, and the recycled water pump station
are part of Encina Wastewater Authority’s (EWA) “Joint Use Project”, which will be completed at the end of April 2005. The contractor for EWA will begin field-testing all the equipment by May 2, 2005,
and this testing will require operation and maintenance staff to start operating these facilities.
The District’s personnel will operate and maintain the recycled water pump station as part of the
recycled water distribution system. However, the District has negotiated a memorandum of
understanding with EWA to perform operation and maintenance activities for the remaining facilities
in lieu of hiring and training new staff or contracting with a private firm to perform the required tasks.
The agreement calls for EWA to provide certified level operators and other appropriate personnel,
obtain annual permits, secure utilities and chemicals, and provide maintenance, repair, legal,
accounting, insurance, and administration services under an annual budget to be approved by the
District.
EWA’s first budget, in the amount of $1 15,493, is for the current fiscal year 2004/2005. This budget
isfior a “transitional period” and provides assistance in field-testing of all equipment by EWA staff, attending training sessions by EWA staff, and providing the work listed above for approximately two
months, which will end June 30, 2005. Subsequent fiscal year budgets will be submitted by May 1 of
each year, and include operation, maintenance and monitoring of the facilities, development of
contracts in connection with operation and maintenance, providing agents and employees,
preparing annual operating and capital acquisition budgets, coordinating with District to provide
water in quantities and at times determined by the District, providing regulatory reports, and
developing standard operating procedures and emergency response procedures for the facilities.
In addition, to the EWA budget there is a one-time cost to provide the following:
0 Operation and maintenance manuals on the installed equipment.
0 Procedures for efficiently operating the CWRF.
0 Complete as-built drawings of the completed facilities.
0 Perform plant certification testing in coordination with and witnessed by San Diego Regional
Water Quality Control Board staff.
584 Page 2 of Agenda Bill No.
To provide the necessary manuals, training and coordination effort with equipment suppliers and the
Regional Board, the District has negotiated with Black & Veatch Corporation to provide this service
on a time and material basis not-to-exceed $257,444. This work effort is contained within
Amendment No. 3 to their construction phase services agreement, which also requires that this
agreement be extended through October 31, 2005. District staff is also preparing separate
agreements with each major equipment supplier to provide field-testing of their specific equipment
and any supplemental training to operate the installed equipment at a combined cost of approximately $65,000. The total budget for operation and maintenance activities by EWA, Black &
Veatch, and the equipment suppliers for this fiscal year is, therefore, approximately $440,000.
ENVIRONMENTAL REVIEW:
A Mitigated Negative Declaration was prepared for the Phase II project. This was approved by the
City Council on January 25,2000 under Case No. EIA 99-09.
FISCAL IMPACT:
EWA Aqreement - The CMWD will pay for 100 percent of the operation and maintenance costs at
the CWRF. The total cost for EWA's operation and maintenance work activities is $1 15,493 for
fiscal year 2004/2005. The Black & Veatch Corporation will prepare operation and maintenance
manuals, provide training, complete as-built drawings and coordinate testing activities with
equipment suppliers and the Regional Board for an amount not-to-exceed $257,444. Supplemental
training and field-testing by each equipment supplier will be through separate agreements which
total approximately $65,000. All these costs are paid from the Recycled Water Operating Fund
through revenue collected on the sale of recycled water from CMWD's Phase I and Phase II
customers. The total additional appropriations request is $440,000.
EXHIBITS:
1. Location Map.
2. Resolution No. 1237 to approve a Memorandum of Understanding between
Encina Wastewater Authority and the Carlsbad Municipal Water District for the operation and
maintenance of the Carlsbad Water Recycling Facility, Project No. 3675, and appropriation
of funds.
3. Memorandum of Understanding for the Operation and Maintenance of the Carlsbad Municipal Water District Water Recycling Facilities.
4. Amendment No. 3 to Agreement for Professional Engineering Services for the Carlsbad
Water Recycling Facility (Black & Veatch Corporation).
DEPARTMENT CONTACT: William Plummer, (760) 602-2768, bplum Qci.carlsbad.ca.us
LOCATION MAP
PROJECT
SITE
PROJECT NAME AGREEMENT BETWEEN CMWD AND EWA
FOR OPERATION & MAINTENANCE OF CWRF
PROJECT EXHIBIT I E7 I
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RESOLUTION NO. 1237
A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD
MUNICIPAL WATER DISTRICT (CMWD) TO APPROVE A
MEMORANDUM OF UNDERSTANDING BETWEEN ENCINA
WASTEWATER AUTHORITY AND THE CARLSBAD MUNICIPAL
WATER DISTRICT FOR THE OPERATION AND MAINTENANCE OF
THE CARLSBAD WATER RECYCLING FACILITY, AND AMENDMENT
NO. 3 WITH BLACK & VEATCH CORPORATION, PROJECT NO. 3675,
AND APPROPRIATION OF FUNDS.
WHEREAS, the Encina Basin Water Reclamation Program, Phase II Project included the
2arlsbad Water Recycling Facility (CW RF) and Joint Use Flow Equalization Project, which was
iunded through a $5 million grant and a $36.4 million low-interest loan from the State Water
Resources Control Board, a $2.2 million grant from the Environmental Protection Agency, and a
25 percent project grant from the Bureau of Reclamation; and
WHEREAS, a "Notice of Completion" was filed on the Carlsbad Water Recycling Facility
m October 5, 2004, and the Encina Wastewater Authority is scheduled to complete construction
2f the Joint Use Flow Equalization Project in April 2005 which includes a recycled water pump
station, an influent pump station, and a 7.0 million gallon flow equalization tank, which are part of
:he CWRF; and
WHEREAS, it is in the best interests of the CMWD to have the EWA perform the operation
2nd maintenance work activities at the CWRF, the influent pump station, and the 7.0 million gallon
low equalization tank of the Joint Use Flow Equalization Project collectively referred to as the
3WRF; and
WHEREAS, an Operations and Maintenance Memorandum of Understanding has been
Irepared between the Encina Wastewater Authority and the Carlsbad Municipal Water District for
he operation and maintenance of the Carlsbad Water Recycling Facility, where Fiscal Year
!004/2005 will be a "transitional period" budget in an amount not-to-exceed $1 15,493 for two
nonths of operation, and all subsequent fiscal year budgets will be submitted by May 1 of each
rear for approval by CMWD; and
WHEREAS, supplemental training and field-testing by each equipment supplier will be
hrough separate agreements, which total approximately $65,000; and
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WHEREAS, Black & Veatch Corporation will provide operation and maintenance manuals
and as-built drawings for the CWRF, plus training for Encina Wastewater Authority staff, and
certification testing through Amendment No. 3 to their construction services agreement for an
amount not-to-exceed $257,444.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal
Water District (CMWD) of the City of Carlsbad, California, as follows:
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2.
That the above recitations are true and correct.
That the Recycled Water Operating Fund shall be used to pay Encina Wastewater
Authority’s expenses associated with the operation and maintenance of the Carlsbad Water
Recycling Facility identified in “Memorandum of Understanding for the Operation and
Maintenance of the Carlsbad Municipal Water District Water Recycling Facilities”.
3. That the Executive Manager of the Carlsbad Municipal Water District is hereby
authorized and directed to execute the “Memorandum of Understanding for the Operation and
Maintenance of the Carlsbad Municipal Water District Water Recycling Facilities’’ with the Encina
Wastewater Authority.
4. That the Executive Manager of the Carlsbad Municipal Water District is hereby
authorized and directed to execute Amendment No. 3 with Black & Veatch Corporation, which
extends their agreement to October 31, 2005, and that the expenses in this amendment will be
paid from the Recycled Water Operating Fund.
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5. That the Finance Director is hereby authorized to appropriate $440,000 from the
qecycled Water Operations Fund for the operation and maintenance of the Carlsbad Municipal
Nater District Recycling Facilities.
PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal
Nater District held on the 19th day of April , 2005 by the following vote, to wit:
AYES: Board Members Lewis, Hall, Kulchin, Packard, Sigafoose
4TTEST
(SEAL)
b
ORIGINAL
MEMORANDUM OF UNDERSTANDING
FOR THE OPERATION AND MAINTENANCE
OF THE CARLSBAD MUNICIPAL WATER DISTRICT WATER RECYCLING FACILITY
Ref: F&HR.044222
This Memorandum of Understanding is entered into as of May I, 2005 by and between the
Carlsbad Municipal Water District, hereinafter referred to as “DISTRICT”, and, Encina Wastewater
Authority, hereinafter referred to as “EWA”, with respect to the following facts:
RECITALS
Whereas, DISTRICT owns the Carlsbad Water Recycling Facility, the Granular Media Filter
Pump Station (GMF), the Microfiltration Pump Station (MF) and certain appurtenances associated with the Combined Pump Station (CPS) at the Encina Water Pollution Control Facility (EWPCF);
and,
Whereas, Section 12.1.3 of the Revised Basic Agreement for Ownership, Operation and
Maintenance of a Joint Sewerage System (RBA) states that EWA “shall have the authority to
operate and maintain other facilities outside the Joint System as recommended unanimously by EWA’s Joint Advisory Committee and in accordance with Operator/Administrator executed
operation agreements, which may include budgeting responsibilities;” and,
Whereas, for the purposes of this Memorandum of Understanding, the Carlsbad Water
Recycling Facility, GMF and MF as shown in Attachment 1 shall be collectively referred to as the
“Facilities;” and,
Whereas, the DISTRICT does not intend that EWA operate or maintain the Carlsbad
Recycled Water Pump Station as shown in Attachment 2, and is distinguished from those CPS
elements the DISTRICT does intend EWA to operate and maintain under this Memorandum of
Understanding; and,
Whereas, DISTRICT desires EWA to operate and maintain the Facilities and EWA is willing
to provide such services, subject to written terms and conditions.
NOW, THEREFORE, in consideration of the mutual promises, obligations and covenants set forth
herein, the DISTRICT and EWA set forth the following Memorandum of Understanding (MOU).
ARTICLE I: SCOPE OF WORK
Specific services to be provided by EWA hereunder are detailed in Attachment 3, Scope of
Work for Transition Period for Operation and Maintenance for the District Water Recycling Facilities
and Attachment 4, Scope of Work for Annual Operation and Maintenance for the DISTRICT Water
Recycling Facilities. In the event of any conflict between the provisions of the attachments and this
Memorandum of Understanding (MOU), the terms of the Memorandum will govern. In performing
these services, EWA shall follow practices consistent with generally accepted technical standards
and EWA represents that its staff are skilled in the expertise necessary to provide these services.
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Memorandum of Understanding for Operation and Maintenance of Carlsbad Municipal Water District Water Recycling Facility
F&HR-04-4222.2
ARTICLE II: BUDGETING
A. DISTRICT shall compensate EWA for all reasonable expenses associated with the
operation, maintenance and administration of the Facilities, in accordance with annual budgets to
be developed and recommended by EWA and adopted by DISTRICT and the EWA Board of
Directors.
B. The Facilities' Transition Period Budget described in Attachment 5 shall take effect
upon the effective date of this MOU and shall continue in effect until June 30,2005.
C. EWA shall prepare Operation & Maintenance and Capital Improvement Program
budgets for the Facilities in accordance with accounting principles generally accepted in the United
States of America, the Revised Establishment Document for the Encina Wastewater Authority
(RED) and the RBA.
In accordance with the RBA and not later than May 1 of each year, EWA
shall prepare, concurrently with the preparation of the EWPCF Operation & Maintenance
Budget, an estimated budget of the amount of money required to operate and maintain the
Facilities including, but not limited to: salaries and benefits costs, building and equipment
maintenance costs, utilities, chemicals, permits and permit amendment costs, accounting and
auditing, administration, legal services, overhead, insurance and other costs as required to
operate, maintain and administer the Facilities in conformance with this MOU.
1.
2. Concurrently with the preparation of the EWPCF Capital Improvement
Program Budget and not later than May 1 of each year, EWA shall prepare estimated Capital
Acquisitions (Acquisitions) and Planned Asset Replacement (PAR) budgets. The Acquisitions
and PAR budgets shall maintain the reliability and safety of the Facilities and ensure
compliance with applicable regulatory requirements through the planned repair or replacement
of structures, equipment and other property so long as no such acquisition or PAR materially
alters the designed capacity or operating characteristics of the Facilities. EWA may suggest
capital improvements that would materially alter the designed capacity or operating characteristics
of the Facilities provided such improvements are estimated to require expenditures of $50,000 or
less. EWA shall have no obligation to accept responsibility for budgeting or undertaking such
improvements except as otherwise agreed upon by both parties in writing.
3. Except as otherwise agreed upon by both parties in writing, DISTRICT shall
be responsible for the planning, design, bidding, construction management and supervision of all
capital improvements to the Facilities. As necessary during the course of construction, however,
EWA shall continue to coordinate the operation and maintenance of the Facilities. DISTRICT shall,
before entering into any contract for such work, provide a reasonable opportunity to EWA to
comment on plans for the proposed improvements in order to gauge operations and maintenance
consequences. Any such contract shall require DISTRICT'S contractor to name EWA as additional
insured as to any insurance required of the contractor by the awarding agency and as to which the
awarding agency will be insured, provided that EWA need not be an insured under any required
bid, performance or payment bond.
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Memorandum of Understanding for Operation and Maintenance of Carlsbad Municipal Water District Water Recycling Facility
Following approval by the EWA Board of Directors, estimated budgets shall be
forwarded to DISTRICT for approval. The estimated budgets shall be deemed effective upon the
receipt by EWA of a certified copy of an approving resolution or minute order by DISTRICT. Until
such time as formal approval has been received from DISTRICT, the estimated budgets shall constitute merely proposed budgets, subject to consideration or revision. In the event a proposed
budget is not approved by the DISTRICT, EWA shall continue to operate and maintain the Facilities
subject to expenditure limits specified in the budgets most recently approved by the DISTRICT.
F&HR-04-4222.3
D.
ARTICLE 111: FUNDING
A. For the purposes of this MOU, responsibility for expenses incurred by EWA and
related to the Facilities shall be allocated to and paid by DISTRICT.
B. Quarterly, on October 1, January 1, April 1, and July 1, EWA shall bill the DISTRICT
for actual operating and capital expenses incurred during the prior quarter. Upon receipt of each
quarterly bill, the District shall promptly pay EWA the amount billed. At fiscal year end, an independent financial audit will reconcile the amount paid by the DISTRICT for services provided
under the authority of this MOU to the actual amount owed by the DISTRICT for services provided
under the authority of this MOU. The reconciling amount shall appear, and be credited or debited to
the DISTRICT, on the next regular quarterly billing following the EWA Board of Directors adoption of the independent financial audit for the fiscal year being reconciled.
C. EWA Policy Resolution 2004-13 entitled, “A Resolution of the Board of Directors of the Encina Wastewater Authority Amending the Encina Wastewater Authority‘s Financial Reserve
Policy” requires that any members agency for whom EWA operates a remote facility deposits with
EWA $50,000. EWA already operates a remote facility for DISTRICT, and a previous deposit was
made, therefore, no additional deposit is required at this time.
ARTICLE IV PERMllTlNG
Except as otherwise agreed upon by both parties in writing, DISTRICT shall be responsible
for all costs and activities related to the issuance, amendment or renewal authority of any regulatory
permit required or which may become required by the State of California, including, but not limited
to, the Regional Water Quality Control Board and/or by the government of the United States of
America in the operation and/or maintenance of the Facilities or any other permit required at
DISTRICT’S facilities. EWA is not responsible for obtaining, renewing, or amending any permit at
the Facilities. EWA shall coordinate with DISTRICT during preparation of the EWAs annual
Operation and Maintenance Budget, which includes specific line item budget amounts for permits
that may be required at the Facilities. EWA shall also coordinate with regulatory agencies pursuant
to the terms of this MOU.
ARTICLE V: ACCOUNTING AND AUDITS
Full books and accounts shall be maintained for the Facilities in accordance with practices
established by or consistent with those utilized by the Controller of the State of California for like
public agencies. Concurrently with the annual independent financial audit of the Encina
Wastewater Authority, EWA’s Auditor shall contract with a certified public accountant to make an
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Memorandum of Understanding for Operation and Maintenance of Carlsbad Municipal Water District Water Recycling Facility
F&HR-04-4222.4
annual independent audit of such accounts and records. The minimum requirements of the audit
shall be those prescribed by the State Controller for special districts under Section 26909 of the
California Government Code and the audit shall conform to accounting principles generally
accepted in the United States of America, the RED and the RBA. A report of the audit shall be filed
as a public record with each of the member agencies and with the San Diego County Auditor within
30 days of its completion. In accordance with the laws of the State of California and the RBA, such
report shall be filed within 12 months of the end of the fiscal year under examination. DISTRICT
reserves the right to audit all financial records and accounts.
ARTICLE VI: INSURANCE
A. Throughout the term of this MOU, DISTRICT shall pay for and EWA shall maintain
in full force and effect insurance in connection with the Facilities and related to the services
provided under the authority of this MOU. This insurance shall include no less than general liability
coverage in the amount of $1,000,000 per Occurrence for bodily injury, personal injury and property
damage, and workers' compensation coverage with limits as required by California Labor Code.
EWA shall obtain such property insurance, and boiler and machinery insurance as
DISTRICT deems necessary to safeguard the Facilities. If DISTRICT determines it unnecessary that EWA obtain such property insurance, and boiler and machinery insurance, DISTRICT shall
provide applicable proof of coverage to EWA for the facilities. Any property insurance obtained by
EWA for the Facilities shall name DISTRICT as a loss payee in accordance with DISTRICT'S
ownership interest. DISTRICT shall reserve the right to approve insurance obtained by EWA.
B.
C. General liability coverage obtained by EWA shall name all EWA member agencies
and the District as additional covered parties under the California Sanitation Risk Management
Association (CSRMA) memorandum of coverage. EWA will provide District evidence of insurance
coverage purchased and maintained throughout the term of the MOU and noticed as per Article XI.
D. DISTRICT acknowledges that EWA participates in and generally obtains coverage
through the CSRMA, and that CSRMA does not offer flood or earthquake coverage. The aforesaid
insurance shall in no manner limit the indemnity provisions of Article VI1 hereof.
E. This insurance coverage shall be primary insurance as respects to the DISTRICT,
its officials, employees and volunteers. Any insurance or self-insurance maintained by the
DISTRICT, its officials, employees or volunteers shall be in excess of this insurance and shall not
contribute with it; provided that DISTRICT shall be responsible for satisfaction of any deductible or
self insured retention due under EWAs coverage.
ARTICLE VII: LIABILITY
A. Notwithstanding the provisions of Government Code Section 895.2, DISTRICT shall,
to the fullest extent allowed by law, indemnify, defend and hold EWA, and the member agencies of
EWA which have no ownership interest in the Facilities, 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 EWA related to this Memorandum, other than actual intentional or otherwise
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Memorandum of Understanding for Operation and Maintenance of Carlsbad Municipal Water District Water Recycling Facility
F&HR-04-4222.5
willful misconduct of an EWA 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 have no ownership interest in the Facilities.
B. DISTRICT also agrees to hold harmless and defend such agencies and EWA, their
officers, agents, and employees with respect to claim or legal proceedings or judgment made, filed,
or presented against the foregoing, by reason of DISTRICT'S or their officers', agents', or
employees' negligence, intentional or otherwise willful misconduct regarding the operation and
maintenance of the Facilities during the term of this MOU.
ARTICLE VIII: PUBLIC INFORMATION
A. Except as provided in paragraph C of this Article VIII, DISTRICT agrees that the
release of public information, except records requested under the Public Records Act, in situations
relating to the general operation of the Facilities, will be the sole responsibility of DISTRICT. EWA
shall forward all media requests for information, except records requested under the Public Records
Act, to the Executive Manager of the DISTRICT or his or her designee to respond to such inquiries. DISTRICT shall be notified of any request for public records associated with the Carlsbad Water
Reclamation Facility.
B. EWA and DISTRICT agree to participate in an emergency drill at least annually,
scheduled by the EWA, in order to establish, test and refine emergency response plans related to
Facilities.
C. EWA shall periodically review and distribute specific protocols for the provision of
public information during emergencies as described in Attachment 6. DISTRICT agrees to use
reasonable efforts to ensure that a DISTRICT designated spokesperson is available to respond to
all public inquiries on behalf of the owner of the Facilities in a timely manner should an emergency
occur. EWA staff shall confer with DISTRICT designated spokespersons to implement the public
information protocol. Where no spokesperson is immediately available from DISTRICT, and EWA determines that it is in the best interest of the public that factual information be released
immediately in order to protect public health or safety, EWA's General Manager or hidher designee
may release such information to the public as necessary.
ARTICLE IX: DISCLAIMERS
A. The EWA shall not be involved in setting or collecting any capacity or user fees for
the Facilities.
B. The EWA shall not be responsible for any errors, omissions or defects in the design
or construction of the existing Facilities, but only for the exercise of ordinary care in the operation
and maintenance of the Facilities.
C. In the event of a sewerage overflow inside the Facilities fenceline, EWA shall make
the initial contact with any regulatory agency, per any applicable permitting requirements, within the
required notification time specified in any applicable permit or permits, and shall prepare, or cause
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Memorandum of Understanding for Operation and Maintenance of Carlsbad Municipal Water District Water Recycling Facility F&HR-04-4222.6
to be prepared, a written Sanitary Sewer Overflow Report in conformance with all applicable permit
requirements, on behalf of DISTRICT.
D. In the event of a regulatory permit violation resulting from operation or maintenance
of the Facilities, EWA shall make the initial contact with the regulatory agency having jurisdiction
over the Facilities as specified in the permit. EWA shall, within the required notification time,
prepare or cause to be prepared, a written report on behalf of the DISTRICT. DISTRICT shall
review and comment on the content of the written report prior to submittal by EWA. DISTRICT shall
be responsible for developing and maintaining the Facilities' spill response plan(s), as required by
any regulatory agency, and make current copies of such plans available to the EWA. EWA shall
comply with such plans on behalf of DISTRICT in relation to the operation and maintenance of the
Facilities. Except as set forth in this paragraph, EWA shall have no responsibility for maintaining or
carrying out the spill response plans of DISTRICT.
The EWA shall make a good faith effort to comply with all regulatory requirements
applicable to the Facilities and imposed on DISTRICT. DISTRICT shall promptly advise the EWA if or when applicable requirements change. The EWA shall have no obligation to seek any
amendment to such requirements.
E.
ARTICLE X: DURATION AND TERMINATION
A. This MOU shall remain in effect until June 30, 201 5, and shall continue from year to
year thereafter, unless either party hereto gives not less than 180 days prior written notice to the
commencement of any fiscal year of its intent to terminate this MOU.
B. EWA, will have the right to terminate the MOU if it determines that the Facilities to be operated are, or become inadequate, unsafe or defective and the District does not make
satisfactory and timely arrangements to correct any such deficiencies, except where deficiency
results in ordinary operation and maintenance of the Facility within the design capacities and
capabilities.
ARTICLE XI: WARRANTS AND REPRESENTATIONS
A. DISTRICT warrants to EWA that to the best of DISTRICT'S knowledge that there is
not at present upon the Facilities, or any portion thereof, or on any continuous or adjacent property
owned by DISTRICT, any toxic or hazardous substances, materials or wastes, including, but not
limited to asbestos, other than those which have been disclosed to EWA in writing or which are
ordinary and customary supplies, stored in accordance with all legal requirements, for the routine
and on-going operation and maintenance of the facilities and that there are no undisclosed
covenants, easements, licenses, leases, or any other contracts, written or oral, between DISTRICT,
their agents or assigns, and any other person regarding the operation or maintenance of the
Facilities.
B. DISTRICT warrants to EWA that the Facilities are fit, without limitation, for the
purpose of producing recycled water in compliance with Title 22 of the California Code of
Regulations.
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Memorandum of Understanding for Operation and Maintenance of Carlsbad Municipal Water District Water Recycling Facility F&HR-04-4222.7
ARTICLE XII: NOTICES
A. The DISTRICT'S point of contact for issues related to the implementation of this
MOU is the Deputy Director of Public Works for Operations and Maintenance. EWAs point of
contact for issues related to the implementation of this MOU is the General Manager.
6. All invoices or billings subject to the terms of this MOU shall be shall be given in
writing and addressed:
To DISTRICT: Finance Department
City of Carlsbad
1635 Faraday Avenue Carlsbad, CA 92008
C. A copy of all invoices or billings shall be submitted and addressed:
To DISTRICT: Deputy Director of Public Works for Operations and Maintenance
City of Carlsbad
5950 El Camino Real
Carlsbad, CA 92008
D. All other notices, statements, demands, requests, consents, approvals,
authorizations, agreements, appointments or designations hereunder shall be given in writing and
addressed:
To DISTRICT: Executive Manager
Carlsbad Municipal Water District
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Deputy Director of Public Works for Operations and Maintenance
City of Carlsbad
5950 El Camino Real
Carlsbad, CA 92008
To EWA: General Manager
Encina Wastewater Authority
6200 Avenida Encinas
Carlsbad, CA 92009
ARTICLE XIII: DISPUTE RESOLUTION
A. EWA and DISTRICT agree that the maintenance of a cooperative and mutually
beneficial relationship between them is an important aspect of this MOU and therefore intend to
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F&HR-04-4222.8
provide means for resolving any disputes, claims, or controversies that may arise during the course
of this MOU in an efficient manner to avoid resorting to legal actions against one another, if feasible.
B. Therefore, except for any claim or action filed by a nonparty to this MOU, any
dispute, claim, or controversy arising with respect to the interpretation of this MOU or the
performance of any party shall be first submitted to a three-step dispute resolution process that
includes, in sequence: (1) an informal meet and confer process between representatives
designated by all the parties, (2) mediation, and (3) non-binding arbitration.
C. Except for any claim or action filed by a nonparty hereto, upon any dispute, claim, or
controversy (“Dispute”) arising with respect to the interpretation of this Memorandum, or the
performance of any party, which is not immediately resolved between the parties, the party asserting such Dispute may, within 30 days from the date the Dispute has arisen, serve written
notice upon the other that a Dispute exists with respect to this Memorandum, and each patty shall
then within fourteen days designate one or more representatives and shall establish a time and
place at which to meet and confer in mutual good faith to resolve the Dispute. If, after a reasonable
amount of time and effort have elapsed, a resolution of the Dispute has not been established to the mutual satisfaction of both parties, any party may then initiate a mediation process by serving a
written notice of the election to mediate upon the other.
D. In the event the election to mediate a Dispute is invoked by either party, a request
for mediation shall be filed within 30 days in the San Diego Regional Office of the American
Arbitration Association (“AAA”) and the mediation shall be initiated and conducted in accordance
with the Commercial Rules of mediation of the AAA, or by any other method mutually agreeable to
the parties. Any statements made during mediation shall remain confidential and may not be
disclosed without consent of all participants.
E. In the event mediation does not resolve the Dispute, any patty may then elect arbitration by providing a written notice of such election to the other parties. Such request must be
mailed to the other parties within 30 days following the conclusion of mediation. Upon serving
written notice upon the other parties, the request for arbitration shall be filed at the AAA and the
arbitration shall be conducted in accordance with the rules established by the AAA, unless all
parties mutually agree to an alternative method. Neither the patties nor the arbitrator may disclose
the contents or results of the arbitration, except as may be required by law, without the prior written
consent of all parties. The parties may agree to be bound by the results of the arbitration and may
agree that any award by or decision of an arbitrator shall be final.
F. Nothing in this procedure shall prohibit the parties seeking remedies available to
them at law. During the course of any proceeding to resolve a Dispute, the parties shall continue to
perform any duties or obligations existing under the Memorandum.
ARTICLE XIV: SEVERABILITY
If any one or more of the terms, provisions, promises, covenants or conditions hereof shall
be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of
competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and
-8-
Memorandum of Understanding for Operation and Maintenance of
Carlsbad Municipal Water District Water Recycling Facility
F&HR-04-4222.9
conditions hereof shall not be affected thereby and shall be valid and enforceable to the fullest
extent permitted by law.
ARTICLE XV: MODIFICATIONS
This Memorandum contains all of the terms and conditions made between the parties
hereto and shall not be altered except by an amendment in writing.
ARTICLE XVI: SUCCESSION; ASSIGNMENT
The provisions hereof shall be binding upon and shall inure to the benef~ of the successors
of the parties. This Memorandum may not be assigned by any party without the written consent of
the other parties.
ARTICLE XVII: GOVERNING LAW
This Memorandum is to be governed by and construed in accordance with the laws of the
State of California.
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum to be executed as of the day and year first above written.
Approved as to form:
RoMld R. Ball, General Counsel
Attest: , 3.- W-Os-.
ENCINA WASTEWATER AUTHORITY
Approved as to form:
Elaine Sullivan, Chair, Board of Directors Gregory V. Moser, General Counsel
-9-
Memorandum of Understanding for Operation and Maintenance of
Carlsbad Municipal Water District Water Recycling Facility F&HR-04-4222.10
ATTACHMENT I
Site Plans
-10-
I6
- __ . .
. . . . . . .^ .. .. .. . .. __
4, . . r, -:
I.
.. .. . . __^.. . .-.- . . ._
;E ',
118 .J
--"J I
tq
Memorandum of Understanding for Operation and Maintenance of Carlsbad Municipal Water District Water Recycling Facility F&HR-04-4222.11
ATTACHMENT 2
Carlsbad Recycled Water Pump Station
-11 -
Memorandum of Understanding for Operation and Maintenance of Carlsbad Municipal Water District Water Recycling Facility
F&HR-04-4222.12
ATTACHMENT 3
SCOPE OF WORK FOR TRANSITIONAL PERIOD FOR OPERATION AND MAINTENANCE
SERVICES FOR THE CARLSBAD WATER RECYCLING FACILITY
1. For the purposes of this document the Carlsbad Water Recycling Facilities (CWRF) will
be defined as Attachment 1, Exhibits A and B.
A. The Facilities shall be further defined as:
1. All structures, electrical systems and mechanical systems within the
2. 3.
4.
5.
6.
7.
CWRF property line;
The landscaped slopes and drainage ditches within the CWRF;
The paved access roads throughout the CWRF;
The Granular Media Filter Pump Station within the Encina Water Pollution
Control Facility (EWPCF); The Microfiltration Pump Station within the EWPCF;
All valves and appurtenances, and recycled water lines associated with this
equipment and located within the CWRF and EWPCF. All electrical equipment associated with the Granular Media Filter and
Microfiltration Pump Stations located within EWPCF (Attachment 1 Exhibit
C).
2. The EWA shall be responsible for providing the following services during the Transitional
Period:
A. Provide assistance in field-testing, startup and commissioning of the CWRF;
B. Attend operation and maintenance training sessions;
C. Development and execution of contracts in connection with the operation and
maintenance of the Facilities;
D. Employment of agents and employees to operate, maintain, administer, and
manage the Facilities;
E. Employment of wastewater operators at the certified level required by Title 23 of
the State Water Resources Control Board and Regional Water Quality Control
Boards for Classification of Wastewater Treatment Plants and Operator
Certification;
F. Perform minor repair and maintenance of equipment and systems;
F. Preparation of annual operating and annual capital acquisitions budgets.
-12-
Memorandum of Understanding for Operation and Maintenance of Carlsbad Municipal Water District Water Recycling Facility
F&HR-04-4222.13
ATTACHMENT 4
SCOPE OF WORK FOR ANNUAL OPERATION AND MAINTENANCE SERVICES FOR THE
CARLSBAD WATER RECYCLING FACILITY
1. For the purposes of this document the Carlsbad Water Recycling Facilities (CWRF) will
be defined as Attachment 1, Exhibits A and B.
A. The Facilities shall be further defined as:
1.
2.
3. 4.
5.
6.
7.
All structures, electrical systems and mechanical systems within the
CWRF property line; The landscaped slopes and drainage ditches within the CWRF;
The paved access roads throughout the CWRF;
The Granular Media Filter Pump Station within the Encina Water Pollution
Control Facility (EWPCF); The Microfiltration Pump Station within the EWPCF;
All valves and appurtenances, and recycled water lines associated with this
equipment and located within the CWRF and EWPCF.
All electrical equipment associated with the Granular Media Filter and
Microfiltration Pump Stations located within EWPCF (Attachment 1 Exhibit
C).
2. The EWA shall be responsible for all tasks needed to operate and maintain the
Facilities. These tasks shall be performed within the annual operating budgets and shall
include:
A. Operation, maintenance, and monitoring of the Facilities in accordance with (a)
safe and sound operational, maintenance, engineering, and accounting practices
and (b) local, state and federal laws and regulations. Operation and maintenance
of the Facilities shall be coordinated with the operation and maintenance of the
EWPCF, such that EWA attempts to provide DISTRICT with as cost-effective
operation as possible, while maintaining the Facilities reliability;
B. Development and execution of contracts in connection with the operation and
maintenance of the Facilities;
C. Employment of agents and employees to operate, maintain, administer, and
manage the Facilities;
D. Employment of wastewater operators at the certified level required by Title 23 of
the State Water Resources Control Board and Regional Water Quality Control
Boards for Classification of Wastewater Treatment Plants and Operator
Certification;
-13-
i ./
3.
Memorandum of Understanding for Operation and Maintenance of Carlsbad Municipal Water District Water Recycling Facility F&HR-04-4222.14
D. Preparation of annual operating and annual capital acquisitions budgets;
E. Provision of financial and audit services for services provided by the EWA
hereunder;
F. Acquisition, holding, and disposition of such equipment as may be reasonable
and necessary to the operation, maintenance, administration, and management
of the Facilities;
G. Filing of monthly reports associated with the operation, . maintenance, environmental compliance and administration of the Facilities;
H. EWA will coordinate with the DISTRICT to produce water in quantities and at
times determined by the DISTRICT. However, EWA will not operate the CWRF in
excess of the design (production) capacity of the CWRF as determined by the
Master Reclamation Permit for the Carlsbad Municipal Water District issued by
the California Regional Water Quality Control Board.
I. By February of each year, the DISTRICT will provide EWA projected recycle
water demands for the next fiscal year.
J. EWA will assume responsibility to report any regulatory violations associated with the Master Reclamation Permit Waste Discharge Requirements and Air Pollution
Control District permits. EWA will immediately report to the DISTRICT any permit
violations.
K. EWA will coordinate with the DISTRICT to develop standard operating
procedures and emergency response procedures associated with EWAs
operations of the Facilities.
The EWA shall not be responsible for the operation, maintenance, repair, monitoring or
upkeep of:
A. The recycled water force main pipeline after it leaves the CWRF property line;
B. The recycled water pump station including pumps, motors, electrical system,
valves and appurtenances associated with station (Attachment 2);
C. Any other structure, system or appurtenance not specifically addressed herein.
-14-
Memorandum of Understanding for Operation and Maintenance of Carlsbad Municipal Water District Water Recycling Facility
F&HR-04-4222.15
ATTACHMENT 5
Facility Transitional Period Budget
for the Fiscal Year Ending June 30,2005
-15-
1
Budget Assumptions:
* Dmys of Water production . Days of Stafflnp
4 MOD 60
60
Salaries
Total
Account (SZOOW
Eonofit. I
BenefiIs
Total
NON PERSONNEL EXPENSES
Account (0120Xa
Fmls 6 Lubricant.
6120.u Unleaded Fuel
6120.u Equipmen1 LubricanIs
Total
Account (54lO.XX) Clmmlwls
( Chemical dose based on design enpinwn estimates ) I
5410.u
541o.xx
5410.u
5410.u
54lO.u
5410.u
5410.u
5410.u
Polymer (Coapulenl Aid)
LbdDay
14.8
QVhY
Sodlum Hypochlorile
459
GaUDay
45
GaUDoy
2.1
93% SulfuicAud
Thrahold InhibiDr
ULb s isa
YGal
f 1.00
Wal s a.60
Yo81
J 10.45
Membrane Cleaning Chemical
Ferric
GaUDy Wai
45 s 0.94
Mlw. Maintenam Chemiuls
(oil, cleaning solvents. sd)
Pmpane 0.lS $/Gal
500 s 2.00
Total
Account (60ZO.XX)
p.mitm 1
FY ZOO5
S 22,078
t 22,071
I 7 680
s 7.680
5 40
S 60
t 100
S 1,332
I 2i.MO
5 1.620
S 1.320
I 267
5 3.800
S 167
S 1,000
S 37,046
6920.u SD County HarMal Fw
6920.u NPDESIWDR Pemlil
6920.u APCD Plan1 Permil
Total
FY 2005
Account (WXS
Elaebicity I
Procas Equlpnnnt (Costs based on design enginaera eslimales)
Told HP HrlDay
:17 5 24 f 23',?7 5435 XI
0 1451 YKw 1 7 12
Opntions Bulldln~lghtlng
Total
Account (SUlXa
Water I
*Based on 1x1 relainad walm usage
Polable Wsler Purchased
Matar Charga
T0t.l
Account (SSsO?cB
Paint 6 Corrosion Pmtectlon I
5530 xx Coatino
Account (59lOy)l)
Equlpmant R.nt.1 I
5910.~1 Equipmen1 Rsnlal
Tobl
Tobl
Account (641OX~ Laundry 6 UnWorms
8410.u Laundry Uniforms
UnW UnnCosl Weeks
3 $6.46 9
WIO.XX M~S 6 Raphmenl Items
Total
Account (WsOZ@l
Non-SpcMc ~apair 6 Maintonanca I
6730.m NonSpcMc R6M
Tobl
Account (6930Z@l
Plplng 6 Elacttical Rapmln I
6930.u Piping 6 Electrical Rapaim
s 1.875
S 25,552
s
I
s
t
I
s 174
$ 100
8 274
s 3,000
t 3,000
5 2 ow
s 2,000 T0t.l
2. i'
PWENG301
AMENDMENT NO. 3 TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
FOR THE CARLSBAD WATER RECYCLING FACILITY
(BLACK & VEATCH CORPORATION)
This Amendment No. 3 is entered into and effective as of the day of
,2005, amending the agreement dated June 27,2002 (the
“Agreement”) by and between the Carlsbad Municipal Water District, a Public Agency organized
under the Municipal Water Act of 191 1, and a Subsidiary District of the City of Carlsbad, referred
to as (TMWD’’), and Black & Veatch, a Delaware Corporation, (“Contractor”) (collectively, the
“Parties”) for engineering services during construction of the Carlsbad Water Recycling Facility.
APRI G
RECITALS
A. On July 3, 2003, the Parties executed Amendment No. 1 to the Agreement to alter
the scope of work and increase the fee by $82,396 to include contractor’s attendance at
additional construction meetings and perform review of additional submittals and Requests for
Information; and
B. On May 27, 2004, the Parties executed Amendment No. 2 to the Agreement to
extend the term of the Agreement for an additional one (I) year period ending on June 27, 2005;
and
C. The Parties desire to alter the Agreement’s scope of work to include additional
engineering support required to start-up the Encina Joint Use Facility project and the delayed
start-up of the Carlsbad Water Recycling Facility (CW RF), complete Operation and Maintenance
Manual and to prepare record drawings for the as-built condition of the CWRF; and
D. The Parties have negotiated and agreed to a supplemental scope of work and fee
schedule, which is attached to and incorporated by this reference as Exhibit “A”, Scope of
Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, CMW D and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will provide those services described in Exhibit “A”.
2. CMWD will pay Contractor for all work associated with those services described
in Exhibit “A on a time and materials basis not-to-exceed two hundred fifty seven thousand four
hundred forty four dollars ($257,444). Contractor will provide CMWD, on a monthly basis, copies
of invoices sufficiently detailed to include hours performed, hourly rates, and related activities
and costs for approval by CMW D.
3. Contractor will complete all work described in Exhibit “A” by October 31, 2005.
4. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
5. All requisite insurance policies to be maintained by Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
General Counsel Approved Version #07.05.01
1
6. The individuals executing this Amendment and the instruments referenced in it on
behalf of Contractor each represent and warrant that they have the legal power, right and actual
authority to bind Contractor to the terms and conditions of this Amendment.
CONTRACTOR
BLACK & VEATCH,
a Delaware Corporation
(sign here)
CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized
under the Municipal Water Act of 191 1,
and a Subsidiary District of the City of
Carlsbad -
-w .- PresidedExecutive Mana
designee
iger or
ATTEST: /
Secretary W
(print namekitle)
(e-mail address)
If required by CMWD, proper notarial acknowledgment of execution by contractor must be
attached. If a Corporation, Agreement must be signed by one corporate officer from each of the
following two groups.
*Group A.
Chairman, Secretary,
President, or Assistant Secretary,
Vice-president CFO or
Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer@) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, General Counsel
By:
Deputy General coubsel
General Counsel Approved Version #07.05.01
2
BLACK & VEATCH
11 401 Lamar Avenue
Overland Park, Kansas 6621 1 USA
~~~ ~~~~~
Black & Veatch Corporation
Tel (9131 458-2000
CERTIFICATE OF OFFICER
I, S. K. Sloan, the Senior Vice President and Assistant Secretary of BLACK & VEATCH
CORPORATION, a corporation duly organized and existing under the laws of the State of
Delaware, United States of America, hereby cedi& that the following is a true excerpt of a certain
resolution of said Board of Directors of BLACK & VEATCH CORPORATION, which resolution
was duly adopted at a meeting of said Board of Directors, a quorum being present, and that said
resolution has not been rescinded or modified, is in accordance with the charter and by-laws of the
corporation, and is still in full force and effect.
"RESOLVED, any note, mortgage, evidence of indebtedness, contract, share
certificate, conveyance, power of attorney, or other instrument in writing and any
assignment or endorsements thereof, or guarantee of any other entity's performance
under any such executed document, entered into between this corporation and any
other person or company shall be valid and binding on this corporation, when signed
by either the Chairman of the Board, the President or any Vice President, and, if
attestation is required, by either the Secretary, Assistant Secretary, Chief Financial
OEcer, Treasurer or any Assistant Treasurer of this corporation. Any such
instruments may be signed by any other person or persons in such manner as from
time to time shall be determined by the Board.
I further certify that James H. Clark, as a Vice President and incumbent is now qualified
and acting as an officer of BLACK & VEATCH CORPORATION.
IN WITNESS WHEREOF, I have hereunto set my hand and attached the corporate seal of
:ORPORATION
1
)ss COUNTY OF JOHNSON )
Sworn to and subscribed before
this 24' day
me this 24'h
of February, 2003.
S. K. Sloan
Senior Vice President & Assistant Secretary
Black &Veatch Corporation
day of February, 2003.
-~ Notarv Public
building a world of diflerencem
CALIFORNIA ALL=PURPOSE ACKNOWLEDGMENT
&"
personally appeared
RUM A. VARGAS
Commission # 151 8724
Notary Public - Calilurnia 5
10s Angeles County Mv Comm. Exoues Oct 9.2008
- I
Place Notary Seal Above
personally known to me
0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
d the instrument.
OPTlONA L
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer@)
Signer's Name:
0 Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: I I I I I
Signer's Name:
0 Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
Guardian or Conservator
0 Other: I I Signer Is Representing:
Q 2004 National Notary AssOciation 9350 De Soto Ave.. P.O. Box 2402 Chatswotth, CA 9131 3-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827
EX H I B I T "A"
Carlsbad Water Recycling Facility
Page 1
Supplemental Construction Phase and Startup Services
Scope of Work
Revised March 14,2005
Draft
TASK 1 - Construction Phase Services
The following tasks related to the construction phase are included in the scope of work
per Carlsbad's request:
Services for Delayed Start-up
0
0
0
Assist City with development of plan for delayed start-up;
Assist and advise City with identifying negotiation points/issues with
equipment suppliers and subconsultants regarding delayed start-up; and
Assist and advise City and CM with efforts to identify requirements necessary
for long term storage of equipment.
Additional Services for Microfiltration System.
Review of additional US Filter/Memcor MF Submittals;
Participate in conference calls with the City and MF supplier; and
Assist City in resolution of contractual issues regarding MF supplier.
Operation and Maintenance (O&M) Manual Review
Review remaining equipment O&M manual submittals provided by the
equipment suppliers. Review a total of five submittals (draft and final
versions).
Final O&M Manual
The following items were included in the original scope of work per request of the
City of Carlsbad:
0
0
Prepare Draft O&M Manuals; and
Receive comments on DRAFT O&M manual from the City and the Encina
Wastewater Authority (EWA), incorporate comments, and finalize the
document. Submit five hard copies to the City.
The following specific requirements from Order No. 2001-352 will be added to a
new chapter in the O&M manual:
0
0
0
Alarm set points for secondary turbidity, tertiary turbidity and chlorine
residual
Levels at which flows will be diverted for secondary turbidity, tertiary
turbidity and chlorine residual
Procedures to divert flow for high daily and weekly median total coliform
Carlsbad WRF Start-up Services-03-14-05 (2).doc Revised 3/15/2005
Page 2
0
0
0
Procedures for notifying State DHS, County DEH, and Regional Board about
diversion
List of names and numbers of those authorities to be notified in case of a
diversion
Procedures and frequency of calibration for turbidimeter and chlorine residual
analyzers
A new chapter (or supplement) describing the start-up and commissioning
(SU&C) plan for the facility will be added to the O&M Manual, including the
following topics:
0 Description of the SU&C team members (Encina O&M staff, City
Engineer, Hinz Automation Engineer, On-Call Contractor, and B&V
personnel) and their responsibilities
Step by step SU&C plan for preliminary field testing and wet testing of
each major component (i.e., unit process), which takes into account start-
up performance and equipment modifications
Preliminary schedule for start-up and commissioning
Monitoring plan for each component to measure performance
Preparation of specific operations and process control log sheets
0
e
0
e
In addition, vendor-supplied O&M manuals and vendor documents will be
compiled and incorporated into separate appendix volumes of the Final O&M
Manual.
1.5 Construction Record Drawings. The following services will be provided:
Prepare one set of mylar drawings that includes all recorded project
modifications as noted in Black & Veatch construction records and General
Contractor records; and
Submit mylar copies of only the sheets that require modification from the
original conformed-to-addenda set. (Title block notation and revision dates
will be added by the City on sheets that will not require edits. Edits will be
electronically drafted and will not be clouded.)
0
TASK 2 - Training and Start-up
The following tasks for training and start-up of the plant will be perfonned:
2.1 Training Program Development
Develop a training program for the facilities presented in the O&M Manual.
Classroom preparation will require 5 days.
2.2 Orientation Site Visit
Visit the site to prepare for the training and start-up. The orientation visit will be
conducted during a 3-day trip.
Carlsbad WRF Start-up Services-03-14-05 (2).doc Revised 3/15/2005
Page 3
Staff training Sessions
Conduct one 5-day training program for plant supervisors, operators, and
maintenance personnel. The session will include classroom sessions,
supplemented by onsite “hands-on” training for individuals and groups. The
training session will be conducted during the day shift. It is assumed that EWA
will adjust work schedules in order give all operations staff assigned to the
Carlsbad WRF the opportunity to participate in the training.
Equipment Vendor Coordination
Monitor the vendor operator training activities and complete or supplement the
vendor training if determined to be inadequate.
Start-up Consultation with Owner
Consult with the Owner on start-up operation, and prepare final start-up and
commissioning plan and schedule. It is anticipated that startup planning will be
conducted for 3 days.
Start-up Training
Provide 4 days of start-up services. The Engineer will provide an Operations
Specialist to direct the start-up activity. During this period, operating procedures
for individual unit processes and for overall operation will be established.
Start-up Trip Report
A start-up trip report will be prepared and delivered to the owner
TASK 3 - Additional Start-up Services
The following tasks are identified as additional start-up and commissioning services to be
performed:
3.1 CT Test
The actual CT performance of the chlorine contact tank will be verified by the
performance of a Tracer Study, in accordance with Order No. 2001-352. The test
and coordination with DHS will be performed by a subconsultant
(WatedWastewater Design Associates) in accordance with the attached proposal
letter dated March 1 1 , 2005. Black & Veatch will manage the activities of the
subconsultant and attend the initial and follow-up meetings with DHS. The scope
includes the following:
0 Develop tracer test protocol
0
Meet with DHS to discuss requirements for tracer test protocol
Coordinate with State DHS on the review and approval of the tracer test
protocol
Prepare for tracer test including the mobilization of chemicals, sampling, and
monitoring equipment, and related logistics
Carlsbad WRF Start-up Services-03-14-05 @).doc Revised 3/15/2005
Page 4
0 Provide on-site tracer study test
Prepare a supplement for the Title 22 Report containing text (briefly
describing purpose, scope, regulatory requirements, test procedures, results,
and conclusions), the approved written tracer test protocol, graph and equation
relating modal time “T” versus flow in the chlorine contact basin, and
supporting data.
If required, conduct follow-up meetings with the State DHS to resolve any
Tracer test questions.
Per DHS and AWWAFW guidelines, tracer studies will be conducted at a
minimum of 4 different flow rates for each configuration to define the modal time
“T” as a function of flow, as follows: 25%, 50%, 75% and 100% of maximum
flow. The scope of work does not include any effort to develop a functional
description for continuous CT monitoring by programmable logic.
It is assumed that the test flow will remain constant for periods ranging from 4 to
10 hours per test, depending on the flow rate. It is assumed that any additional
labor and expenses incurred due interrupting and re-starting a test will be charged
on a time and materials basis. Also, it is assumed that that work can be scheduled
so that the first test and all related lab work are completed first to validate the
protocol before the second, third, and fourth tests are conducted.
The cost includes expenses for sample bottles, miscellaneous equipment and
materials to accomplish the testing, and laboratory analyses. The cost of the on-
site DHS representative during the CT tests will be paid by others.
Preliminary Field Testing
The preliminary field testing is the execution of the first half of the Start-up Plan,
which will be developed under Task 1.4. Completing the preliminary field testing
requirements, prior to the arrival of the manufacture representatives, includes the
following issues:
0
0
0
0
0
0
0
Compile vendor list and training requirements
Contact vendors to schedule equipment checkout and training.
Coordinate SU&C team composed of Encina O&M and B&V personnel.
Conduct line flushing and leak testing
Prepare equipment testing, measuring, and calibration check list
Conduct functional acceptance testing of the facility
Coordinate equipment vendors, Hinz Control System Engineer, On-Call
General Contractor
During Preliminary Field Testing and Wet Testing (See Task 3.3), we understand
the City will contract separately with other parties for additional services, as
follows:
a) Equipment vendors or manufacturers to ensure manufacturer’s representatives are present during the installation inspections, start-up testing, and training
site visits.
Carlsbad WRF Start-up Services-03-1 4-05 (2).doc Revised 311 5/2005
Page 5
b) Hinz Automation to provide an I&C engineer to perform testing and
modifications of the instrumentation, control system hardware, and system
programming for start-up and commissioning of the Plant Control System.
c) An On-Call General Contractor to perform troubleshooting, make minor
adjustments or repairs of equipment and, if required, to perform equipment
removal and installation, mechanical modifications, and electrical modifications
during the Preliminary Field Testing.
Black & Veatch will have responsibility for coordinating and managing the
activities of the above entities during Preliminary Field Testing and Wet Testing
in order to bring the facility into full operation.
It is assumed that major repairs of equipment items would be made by the vendors
in a timely fashion under the terms of existing warranties or under separate
contracts for equipment check-out and training executed between the City and
individual equipment vendors.
'
3.3 Equipment Wet Testing
The equipment wet testing is the execution of the second half of the Start-up Plan,
which will be developed under Task 1.4, and includes the facility SU&C team and
the various manufactures' representatives, On-Call Contractor, and Hinz
Automation. Black & Veatch will provide start-up coordination with the
Secondary Effluent Pump Station and Recycled Water Pump Station /
Equalization Basin for the Equipment Wet Test of the following systems:
o EWPCF Effluent Pump Station,
o Recycle Water Storage Basin
o Influent Storage Basin
o Recycled Water Pump Station
o Microfiltration
o Reverse Osmosis
o Granular Media Filters
o Chlorine Contact Basin
o Thickener
o Nine Chemical Feed Systems
The equipment specific "Manufacturer's Certificate of Proper Installation" and
"Manufacturer's Certificate of Proper Operation" forms should be completed by
the manufacturer's representative during the scheduled installation inspection,
startup and training site visits.
3.4 Miscellaneous Operational Assistance
This task consists of the following items:
0
0
0 Consultation on process issues
'On call' post-commissioning operational assistance for up to 40 hours
Review and evaluation of operating data
Carlsbad WRF Start-up Services-03-14-05 (2).doc Revised 311 5/2005
0 r- rc ? 69
C C C
0 rr d cvcv a3 7-
(Dc rc
a3 a3
?Z
5 .- >
March 11,2005
Mr. Jon Hay
Black and Veatch
6 Venture, Suite 3 15
Irvine,
CA 92008
RE: Proposal for Conducting Tracer Tests at the Carlsbad Water Recycling Facility
Dear Mr. Hay:
The proposed scope, and projected hours and fee for the different CT Testing activities
are summarized below complete with a summary of expenses for materials and
equipment needed for the tests.
3.2 CT Test
The CT performance of the chlorine contact tank will be verified by the performance of a
tracer study, in accordance with Order No. 2001-352. The test and coordination with
DHS will be performed by WAWDA in accordance with this proposal letter dated March
1 1,2005. It is understood that Black and Veatch will manage the activities of the
subconsultant and attend the initial and follow-up meetings with DHS. The Scope
includes the following:
Develop Draft Tracer Test Protocol
Coordinate with State DHS on the review and approval of the tracer test protocol.
Meet with DHS to review the Draft Protocol, receive comments, and review test
schedule.
Prepare for the tracer tests includeing planning, mobilization of supplies and
equipment, and related logistics.
Provide on-site tracer study test.
Prepare a supplement for the Title 22 Report containing a summary of the results
of the testing ( purpose, scope, regulatory requirements, test procedures, results,
and conclusions.), the approved written tracer test protocol, graph, and equation
relating modal time “T” versus flow for the operating range of the facility, and
supporting data.
If required, conduct follow-up meetings with DHS to resolve any tracer test
questions.
Per DHS and AWWARF Guidelines, tracer tests will be conducted at a minimum of 4
different flow rates for each configuration to define the modal time “T” as a function of
flow, as follows: 25%, 50%, 75%, and 100% of maximum flow. The Scope of Work
does not include any effort to develop a functional description for continuous CT
monitoring by programmable logic.
Activity
It is assumed that the test flow will remain constant for periods ranging from 4 to 14
hours per test depending on the test flow rate. It is assumed that any additional labor
and expenses incurred due to interrupting and re-starting a test can be charged on a time
and materials basis. Also, it is assumed that the work can be scheduled so that the first
test and all related sample analysis work is completed first to validate the protocol before
the second, third, and fourth tests are conducted.
Labor Hours and Cost Expenses
The cost includes expenses for sample bottles, miscellaneous equipment, and materials to
accomplish the testing and laboratory analyses.
Site orientation and
background conc sampling
Preliminary DHS Meeting
and Preparation
Planning, prelim calcs,
equipment purchase, and
setup
Protocol Preparation for
DHS
Flow Testing - 4 flow tests
total
Sample Analysis hours
Data Reduction and Report
Development
Follow-up Meeting with
DHS
TOTALS
TOTAL LABOR
&EXPENSES *
4 hours at $95/hr = $380
4 hours at $95/hr = $380
12 hours at $95/hr = $1,140
32 hours at $95/hour = $3,040
42 hours at $95/hour = $3990 Tracer, sample pump,
bottles, misc equipment,
d.i. water - $1,000
Analyzer, calibration
standards, electrodes:
$3,000
48 hours at $95/hour = $4,560
20 hours at $95/hour = $1,900
4 hours at $95/hr = $380
$15,770 $4,000
$19,770
Please call if you have questions or comments.
Very truly yours,
Tim Cooper
Design Associate