Interlocal Agreement for Sharing of Specialized Equipment for Disposal of Biosolids with City of Lynnwood Water and Wastewater Districtof
Z l Originator:
O Department/Division:
t—
a
Name of Consultant/Contractor:
w CONTRACT TITLE:
W
0
CONTRACT ROUTING FORM
Pamela Randolph
WWTP
No.
Routed by:
Date:
(City Clerk Use Only)
Batyah Chliek
07/07/2016
Interlocal Agreement with City of Lynnwood for Specialized Equipment
Type of Contract: (GR) Grants V (1) Intergovernmental Agreement
Z ❑ Z iS) Purchase of Services1-1 (W) Public Works
W
Z Bid/RFP Number:
v Effective Date: Established once signed by all parties
UHas the original City contract boilerplate language been modified?
If yes, specify which sections have been modified:
pDescription
V 'of Services: Sharing costs of Mercury Test equipment
Total Amount of Contract: $ 50,508.00 ($46,000 + tax)
Budget# M104.tp 423.100-.76.594.39.65.11
v7
J
Budget #
W
O
Q Budget #
U
Z Are there sufficient funds in the current budget to cover this contract.
.Q
Z Remarks:
LL
Authorization Level: Mayor
W
1. Project Manager
2. Risk Management/Budget
Z ,I 3. City Attorney
(3 4. Consultant/Contractor
N 5. Other
Completion Date:
Oi Yes O No
(L) Lease Agreement
❑ (0) Other
Not Specified
Amount: $ 50,508.00
Amount:
Amount:
QYes O No
❑ 6. City Council Approval
Dale {ifapplicabic]
❑✓ 7. Mayor
✓0 8. City Clerk
INTERLOCAL AGREEMENT FOR SHARING OF SPECIALIZED EQUIPMENT
FOR THE DISPOSAL OF BIOSOLIDS
BETWEEN THE CITY OF EDMONDS AND THE CITY OF LYNNWOOD
WATER AND WASTEWATER DISTRICT
THIS INTERLOCAL AGREEMENT ("Agreement") is made by and between the
City of Edmonds ("Edmonds"), and the City of Lynnwood ("Lynnwood"), (referred to
individually as a "Party" and collectively as "Parties").
WHEREAS, Edmonds and Lynnwood each operate Fluidized Bed Sewage Sludge
Incinerators for biosolids disposal; and
WHEREAS, the U.S. Environmental Protection Agency ("EPA") has implemented
stringent operating standards for Sewage Sludge Incinerators under 40 CFR Part 60,
Subpart MMMM; and
WHEREAS, Edmonds and Lynnwood have been granted approval by the EPA to
use Mercury Adsorption Modules within the existing Venturi Pac Scrubbers at both the
Edmonds and Lynnwood facilities to meet these stringent standards; and
WHEREAS, formal test plans have been approved by the EPA which require
specialized sampling/testing equipment and trained technicians for this work; and
WHEREAS, Edmonds and Lynnwood would benefit by sharing this specialized
testing equipment, training resources and technical support;
NOW, THEREFORE, in consideration of the mutual promises set forth herein, it is
agreed by and between the Parties as follows:
TERMS
1. PuurposG'. This Agreement is authorized by and entered into pursuant to
Chapter 34.39 RCW. The purpose of this Agreement is to set forth the rights and
responsibilities of the Parties for the joint purchase and ownership of specialized
sampling/testing equipment as set forth above, the responsibilities for maintaining the
equipment, the intended coordination of use of the equipment, and the provisions for the
termination of this Agreement by either Party.
A. Purchase of Equipment. Edmonds will purchase APEX brand
equipment capable of conducting automated sampling for Method 30B protocol, as
identified on the attached Exhibit A (the "Equipment"), as required by the EPA, for use at
both the Edmonds and Lynnwood facilities. The Equipment will be jointly owned by the
Parties.
B. Equipment Maintenance. Edmonds will be responsible to ensure that
all maintenance and calibration of the Equipment is properly performed in order to
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maintain the Equipment in good working condition. Edmonds shall maintain and retain all
records of the Equipment's maintenance and calibration, and all such records shall be
available to Lynnwood upon request, during the initial term and any renewal term(s) of this
Agreement.
C. Use of Equipment. Equipment use must be requested and scheduled
one (1) month in advance by the Plant Manager of either Party to ensure availability on a
specific date. Otherwise, the Equipment will be available to either Party on a first -come,
first -served basis with a maximum of seventy-two (72) hours continuous use.
Each Party shall allow only authorized and trained staff to operate the
Equipment. In addition, qualified and trained consultants, performing work for either Party
as an independent contractor, may be authorized. The Equipment may not be shared with
any third party without mutual written consent of the Parties.
When the Equipment changes hands between the Parties, a visual inspection
will be performed by representatives of both Parties. The Equipment's condition will be
noted on a chain of custody form which will accompany the Equipment. Any and all visual
damage will be noted, and the last user of the Equipment shall have the responsibility to
repair and correct any and all new damage noted in the inspection.
D. Staff Support. When requested and approved, either Party may
assign staff to perform a sampling event for the other Party or provide training to an
employee of the other Party.
2. Payment.
A. Lynnwood agrees to pay Edmonds one-half (50%) of all costs incurred by
Edmonds for the purchase, calibration and/or any manufacturer's recommended
maintenance that may be required for the Equipment.
B. Each Party is required to separately pay for all independent lab
testing and consumable laboratory supplies required independent of this Agreement.
C. When Edmonds personnel are assigned to assist Lynnwood, or when
Lynnwood personnel are assigned to assist Edmonds, a fee based on an hourly rate of
$50 will charged to the other Party. This is not in any way intended as compensation for
the employee performing the service, but as an acknowledgement of the impact to the
organization.
D. If damage is reported, Edmonds will coordinate with an appropriate
vendor to address the required repairs to the Equipment. Invoices presented for repair of
the Equipment will be either paid by Edmonds or forwarded to Lynnwood for payment,
depending upon the responsibility for the damage consistent with Section 1.0 above.
E. Edmonds shall submit invoices to Lynnwood for the amounts owed
by Lynnwood to Edmonds under this Agreement. Lynnwood shall submit invoices to
Edmonds for the amounts owed by Edmonds to Lynnwood under this Agreement. If
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either Party objects to all or any portion of any invoice, it shall so notify the other Party
within thirty (30) days from the date of receipt of the invoice, and shall pay the portion of
the invoice not in dispute. The Parties shall immediately make every effort to settle the
disputed portion. If they are unable to resolve their dispute, the Parties agree to use a
binding alternative dispute resolution procedure to resolve their differences.
3. Duration. This Agreement shall become effective upon the date that it is (1)
executed by both Parties and (2) either filed with the County Auditor or posted on at least
one of the Parties' websites in accordance with Section 15 below ("Effective Date"). This
Agreement shall remain in effect for an initial term of one year starting on the Effective
Date. Thereafter, this Agreement shall renew annually on the same terms for up to five
additional one-year terms, unless the Agreement is amended or is terminated as provided
in Section 4 or 5 below. Any amendment(s) to this Agreement for any renewal period will
be effective only upon the written agreement of the Parties signed by the duly authorized
representatives of Edmonds and Lynnwood. Upon the expiration of the initial term or any
renewal term(s), the Parties shall dispose of the Equipment and share equally in any of the
proceeds of the sale of the Equipment, consistent with Section 5 below.
4. Termination. Either Party may terminate this Agreement at any time upon
sixty (60) days written notice to the other Party. The Party terminating the Agreement shall
release all ownership of and rights of use in the Equipment, and shall execute a bill of sale
transferring its ownership rights in the Equipment to the other Party as of the effective date
of the termination.
5. Disposal of Equipment. In the event it becomes necessary to dispose of the
Equipment, the Parties will consult the Equipment manufacturer as to its current fair
market value, make every reasonable effort to sell the Equipment for such value, and
share equally in the proceeds of such sale. Upon disposal of the Equipment, this
Agreement shall automatically terminate.
6. Indemnification and Hold Harmless. Each Party agrees to be responsible
and assumes liability for its own negligent or intentional acts or omissions, and those of its
officers, agents or employees, while performing work pursuant to this Agreement, to the
fullest extent allowed by law, and agrees to save, indemnify, defend, and hold the other
Party harmless from any such liability; provided that said indemnification does not apply to
damages or liabilities caused solely by the negligent or intentional acts of the other Party.
In the case of negligence of both of the Parties, any damages allowed shall be assessed
in proportion to the percentage of negligence attributable to each Party, and each Party
shall have the right to seek contribution from the other Party in proportion to the
percentage of negligence attributable to the other Party.
7. Insurance. Each Party, at its own cost, shall procure and maintain for the
duration of the term and any renewal term(s) of this Agreement, insurance against claims
for injuries and damages to persons or property which may arise from or in connection
with the exercise of rights and privileges granted by the Agreement.
8. Independent Relationship. It is understood and agreed that this Agreement
is solely for the benefit of the Parties hereto and gives no right to any other party. No joint
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venture or partnership is formed as a result of this Agreement. Further, nothing in this
Agreement shall be construed to create an employment relationship between Edmonds
and any employee, agent, representative or contractor of Lynnwood, or between
Lynnwood and any employee, agent, representative or contractor of Edmonds.
9. Miscellaneous Disclosures Re aired by RCW 39.34.030. No separate legal
entity shall be created by this Agreement, and each party hereto shall be responsible for
its own budgeting of funds transferred under this Agreement. Edmonds shall serve as the
administrator of this Agreement.
10. Notices. All notices that are given pursuant to this Agreement shall be
deemed given when hand delivered, or when deposited in the United States mail,
postage prepaid, by registered or certified mail, return receipt requested. Notices to
Edmonds shall be sent to the following address:
City of Edmonds
Wastewater Treatment Plant Manager
200 2"d Ave S.
Edmonds, WA 98020
Notices to Lynnwood shall be sent to the following address:
City of Lynnwood
Deputy Public Works Director / City Engineer
19100 44th Avenue W.,
P.O. Box 5008
Lynnwood, WA 98046-5008
11. Entire Agreement. The written provisions and terms of this Agreement shall
supersede all prior verbal statements of any officer or other representative of the Parties,
and such statements shall not be effective or be construed as entering into or forming a
part of, or altering in any manner whatsoever, this Agreement.
12. Modification. No waiver, alteration, amendment or modification of any of the
provisions of this Agreement shall be binding unless in writing and signed by duly
authorized representatives of Edmonds and Lynnwood.
13. Waiver. Failure to insist upon strict compliance with any terms, covenants or
conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or
relinquishment of such right or power at any time be taken to be a waiver of any other
breach.
14. Governing Law and Venue. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington, Any suit brought by
either Party arising out of this Agreement shall only be maintained in a court of competent
jurisdiction in Snohomish County, Washington.
15. Filing. This Agreement shall be filed with the Snohomish County Auditor or
posted on Edmonds' and Lynnwood's respective websites, as required by RCW
F_x 1�'13- )- A .
XCw30B
Automated RM 4M�w+R■AYTM �AM �A1A
The XC-30B MercSamplerTM Console, designed
especially for performing Method 30B, simplifies
sampling requirements by automating data
acquisition, sample flow adjustments, leak checks,
calculations, temperature control, and calibrations.
Data is easily transferred to a Microsoft Windows
Based PC through USB Interface. The XC-30B
MercSamplerTM performs dual sorbent trap
sampling at flow rates up to 2.5 Ipm. It can be
operated with your choice of probes and gas
conditioning systems, including our popular
SGC-4000HGP Stirling Gas Conditioner.
Method 30B - Determination of Total Vapor Phase
Mercury Emissions from Coal -Fired Combustion
Sources using Carbon Sorbant Traps.
Features
• Fully Automated for Paired Sampling
• Dual Dry Gas Meters and Mass Flow Sensors
• Alerts for Port and Traverse Point Changes
• Simple Data Export
• Compact Portable System
• Eight Isolated Type K Thermocouple Channels
• USB Interface
• Easily Configured with Windows Based PC
XC-30B Consoles
Model Description
XC-30B Source Sampler flow rates up to 2.5 Ipm (120 VAC)
XC-3013-V Source Sampler flow rates up to 2.5 Ipm (240 VAC)
Please contact your sales representative for more details.
A Typical System Includes:
• Automatic Console:
XC-30B Sampling Console with Netbook
• Gas Conditioner: Portable Versions
• Stainless Steel Probe: Optional Length with
Single Heater, for Dual Sample Traps
• Umbilical: Heated Line, Specify Length
Automated XC-30B MercSamplerTM
Console with Netbook Computer
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Advanced
Microprocessor Control
Speclllicatlons
I-tU U5b Vas Meter Vas Meter
Indicators Port Volume A Volume B
Main Power
Probe Power
Sample A Exhaust
Thermocouple -
Inputs
AC Power Input
Remote I-ause Input neater rower output Sample Inlets
Dry Gas Meters:
• Dual dry gas meters with integrated optical
encoders, resolution to 1 cc
• Model K2 positive displacement type.
• 0.4 liter per revolution.
• Optical encoder sensor with quadrature pulse output.
Sample Pumps:
Dual Head Miniature Diaptiragm Pumps with
12 VDC motors, Max Vac, 22- Hg
Sample Flow Control:
• Stainless steel sample manifolds fitted with mass flow
sensors, vacuum sensors, and proportional valves.
• C to t fl I:
Sample B
Exhaust
Communications:
• PC user interface via USB
Thermocouple Multiplexer.
• Accepts Type K Thermocouple inputs; input protection
includes gas discharge tuhe3 for ESD and surge protection.
• 11 Pic Microcontrollers, 1 for each channel and MUX circuitry
• MUX Circuitry to receive multiple inputs and transmit
selected output
• 10 microcontrollers, one for each optically isolated channel.
Integrated Temperature Control:
• Designed into DAC for single probettrap heater control
outpu! via 25 amp SSri,
ors n ow samp Ing Q00 ccm. Pressure:
• Mass Air Flow: Flow control, 300 to 2500 ccm Barometric Pressure
• Proportional Valve: Voltage Sensitive Orifice (VSO), 12 Vdc. • 600 to1100 mbar, 17.7 to 32.4"Hg, temperature compensated,
Data Acquisition Control Board (DAC): ampiifed output.
• Enhanced Flash 16 bit RISC based microcontrollers; main Vacuum
and Digital Signal Processing (DS). Real time clock with • 0 to 30" Hg, 0 to 101 kPa, 2% accuracy.
auto backup and write protection to external SRAM. • Durable UHMW Polyethylene Case:
• High Speed 1#bitA/D convertor with parallel DSP interface. Built -In Handles (Size 10U) 19" Rack Mount Panel
• Memory Card for data storage — stores up to 99 tests • AC Power: 120 Vac 601-1z.1220 Vac 50Hz
• USB 2.0 Comm Input connection.
• Dimensions- 23in x 21 in x 12in (58cm x 53cm x 30.5cm)
• Weight: 39 lbs. (17.7kg)
Website: www.apexinst.com �'•••�*---• Apex Instruments, Inc.
[tUMFtV-[S 204 Technology Park Lane
Contact: info�apexinst.com 919-557-7300 or 800-882-3214 Fuquay-Varina, N.C. 27526, U.S.A.
Publication: Pr.xcam Data Issued: 2-26-2010 R"slon Date: 6-25-2013
39.34.040
CITY OF EDMONDS
CITY OF LYNNWOOD
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Mayor David d. Earli6g yor t4k oia Smith
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ATTES UTH ATED:
5 assey, CJ CIk,)
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Office of the City Attorney
FROM
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ATTESEIVAUTH ENTICATED.
Finance Director
AP OVED A TO FORM
City Aft6rady