HomeMy WebLinkAboutBrown and Caldwell; 2010-07-06; PWENG770PWENG770
AGREEMENT FOR PREPARATION OF CMWD
2010 URBAN WATER MANAGEMENT PLAN
(BROWN AND CALDWELL)
AGREEMENT is made and entered into as of the (_Ji day of
, 20 f6 . by and between the CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a
Subsidiary District of the City of Carlsbad, referred to as ("CMWD"), and BROWN AND
CALDWELL, an employee owner company, ("Contractor").
RECITALS
A. CMWD requires the professional services of a consultant engineer that is
experienced in the preparation of Urban Water Management Plans in accordance with
California Department of Water Resources requirements.
B. Contractor has the necessary experience in providing professional
services and advice related to preparation of 2010 Urban Water Management Plans.
C. Selection of Contractor is expected to achieve the desired results in an
expedited fashion.
D. Contractor has submitted a proposal to CMWD and has affirmed its
willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, CMWD and Contractor agree as follows:
1. SCOPE OF WORK
CMWD retains Contractor to perform, and Contractor agrees to render, those services
(the "Services") that are defined in attached Exhibit "A", which is incorporated by this
reference in accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional
care and skill customarily exercised by reputable members of Contractor's profession
practicing in the Metropolitan Southern California Area, and will use reasonable
diligence and best judgment while exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of two (2) years from the date
first above written. The Executive Manager may amend the Agreement to extend it for
two additional one (1) year periods or parts thereof in an amount not to exceed fifty
thousand dollars ($50,000) per Agreement year. Extensions will be based upon a
satisfactory review of Contractor's performance, CMWD needs, and appropriation of
funds by the CMWD Board of Directors. The parties will prepare a written amendment
indicating the effective date and length of the extended Agreement.
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4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5 COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term
will be sixty seven thousand six hundred fifty five dollars ($67,655). No other
compensation for the Services will be allowed except for items covered by subsequent
amendments to this Agreement. CMWD reserves the right to withhold a ten percent
(10%) retention until CMWD has accepted the work and/or Services specified in Exhibit
"A".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent
contractor and in pursuit of Contractor's independent calling, and not as an employee of
CMWD. Contractor will be under control of CMWD only as to the result to be
accomplished, but will consult with CMWD as necessary. The persons used by
Contractor to provide services under this Agreement will not be considered employees
of CMWD for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and
complete compensation to which Contractor is entitled. CMWD will not make any
federal or state tax withholdings on behalf of Contractor or its agents, employees or
subcontractors. CMWD will not be required to pay any workers' compensation insurance
or unemployment contributions on behalf of Contractor or its employees or
subcontractors. Contractor agrees to indemnify CMWD and the City of Carlsbad within
thirty (30) days for any tax, retirement contribution, social security, overtime payment,
unemployment payment or workers' compensation payment which CMWD may be
required to make on behalf of Contractor or any agent, employee, or subcontractor of
Contractor for work done under this Agreement. At CMWD's election, CMWD may
deduct the indemnification amount from any balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval
of CMWD. If Contractor subcontracts any of the Services, Contractor will be fully
responsible to CMWD for the acts and omissions of Contractor's subcontractor and of
the persons either directly or indirectly employed by the subcontractor, as Contractor is
for the acts and omissions of persons directly employed by Contractor. Nothing
contained in this Agreement will create any contractual relationship between any
subcontractor of Contractor and CMWD. Contractor will be responsible for payment of
subcontractors. Contractor will bind every subcontractor and every subcontractor of a
subcontractor by the terms of this Agreement applicable to Contractor's work unless
specifically noted to the contrary in the subcontract and approved in writing by CMWD.
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8. OTHER CONTRACTORS
CMWD reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials,
employees and volunteers from and against all claims, damages, losses and expenses
including attorneys fees arising out of the performance of the work described herein
caused by any negligence, recklessness, or willful misconduct of the Contractor, any
subcontractor, anyone directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City
incurs or makes to or on behalf of an injured employee under the City's self-
administered workers' compensation is included as a loss, expense or cost for the
purposes of this section, and that this section will survive the expiration or early
termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property
which may arise out of or in connection with performance of the services by Contractor
or Contractor's agents, representatives, employees or subcontractors. The insurance
will be obtained from an insurance carrier admitted and authorized to do business in the
State of California. The insurance carrier is required to have a current Best's Key
Rating of not less than "A-:VM", OR with a surplus line insurer on the State of
California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's
Key Rating Guide of at least "A:X".
10.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless the General Counsel or Executive Manager approves a lower amount. These
minimum amounts of coverage will not constitute any limitations or cap on Contractor's
indemnification obligations under this Agreement. CMWD, its officers, agents and
employees make no representation that the limits of the insurance specified to be
carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If
Contractor believes that any required insurance coverage is inadequate, Contractor will
obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
10.1.1 Commercial General Liability Insurance. $1,000,000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits will apply
separately to the work under this Agreement or the general aggregate will be twice the
required per occurrence limit.
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10.1.2 Automobile Liability (if the use of an automobile is involved for
Contractor's work for CMWD). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
10.1.3 Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the California Labor Code. Workers' Compensation
will not be required if Contractor has no employees and provides, to CMWD's
satisfaction, a declaration stating this.
10.1.4 Professional Liability. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must
be maintained for a period of five years following the date of completion of the work.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance
required under this Agreement contain, or are endorsed to contain, the following
provisions:
10.2.1 The CMWD and the City of Carlsbad will be named as an additional
insured on General Liability.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and
any extensions of it and will not be canceled without thirty (30) days prior written notice
to CMWD sent by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's
execution of this Agreement, Contractor will furnish certificates of insurance and
endorsements to CMWD.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these
insurance coverages, then CMWD will have the option to declare Contractor in breach,
or may purchase replacement insurance or pay the premiums that are due on existing
policies in order to maintain the required coverages. Contractor is responsible for any
payments made by CMWD to obtain or maintain insurance and CMWD may collect
these payments from Contractor or deduct the amount paid from any sums due
Contractor under this Agreement.
10.5 Submission of Insurance Policies. CMWD reserves the right to require, at
anytime, complete and certified copies of any or all required insurance policies and
endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of
the Agreement, as may be amended from time-to-time.
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12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred
under this Agreement. All records will be clearly identifiable. Contractor will allow a
representative of CMWD during normal business hours to examine, audit, and make
transcripts or copies of records and any other documents created pursuant to this
Agreement. Contractor will allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors
pursuant to this Agreement is the property of CMWD. In the event this Agreement is
terminated, all work product produced by Contractor or its agents, employees and
subcontractors pursuant to this Agreement will be delivered at once to CMWD.
Contractor will have the right to make one (1) copy of the work product for Contractor's
records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in
CMWD and Contractor relinquishes all claims to the copyrights in favor of CMWD.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of CMWD and on behalf of Contractor under this Agreement.
For CMWD:For Contractor:
For CMWD
Name William Plummer
Title Deputy City Engineer
Department Utilities
City of Carlsbad
Address 1635 Faraday Avenue
Carlsbad, CA 92008
For Contractor
Name Paul Selsky
Title Vice President
Address 10540 White Rock Road Ste 180
Rancho Cordova, CA 95670
Phone No. 916-853-5306
Email pselsky@brwncald.com
Phone No. 760-602-2768
Email Bill.plummer@carlsbadca.gov
Each party will notify the other immediately of any changes of address that would
require any notice or delivery to be directed to another address.
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16. CONFLICT OF INTEREST
CMWD will evaluate Contractor's duties pursuant to this Agreement to determine
whether disclosure under the Political Reform Act and CMWD's Conflict of Interest
Code is required of Contractor or any of Contractor's employees, agents, or
subcontractors. Should it be determined that disclosure is required, Contractor or
Contractor's affected employees, agents, or subcontractors will complete and file with
the Secretary of the Board those schedules specified by CMWD and contained in the
Statement of Economic Interests Form 700.
Contractor, for Contractor and on behalf of Contractor's agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor's agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the CMWD an affidavit disclosing this interest.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way
affect the performance of the Services by Contractor. Contractor will at all times
observe and comply with these laws, ordinances, and regulations and will be
responsible for the compliance of Contractor's services with all applicable laws,
ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act
of 1986 and will comply with those requirements, including, but not limited to, verifying
the eligibility for employment of all agents, employees, subcontractors and consultants
that the services required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following
procedure will be used to resolve any questions of fact or interpretation not otherwise
settled by agreement between the parties. Representatives of Contractor or CMWD will
reduce such questions, and their respective views, to writing. A copy of such
documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative
receiving the letter will reply to the letter along with a recommended method of
resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the Executive
Manager. The Executive Manager will consider the facts and solutions recommended
by each party and may then opt to direct a solution to the problem. In such cases, the
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action of the Executive Manager will be binding upon the parties involved, although
nothing in this procedure will prohibit the parties from seeking remedies available to
them at law.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services,
CMWD may terminate this Agreement for nonperformance by notifying Contractor by
certified mail of the termination. If CMWD decides to abandon or indefinitely postpone
the work or services contemplated by this Agreement, CMWD may terminate this
Agreement upon written notice to Contractor. Upon notification of termination,
Contractor has five (5) business days to deliver any documents owned by CMWD and
all work in progress to CMWD address contained in this Agreement. CMWD will make
a determination of fact based upon the work product delivered to CMWD and of the
percentage of work that Contractor has performed which is usable and of worth to
CMWD in having the Agreement completed. Based upon that finding CMWD will
determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may
terminate this Agreement. In this event and upon request of CMWD, Contractor will
assemble the work product and put it in order for proper filing and closing and deliver it
to CMWD. Contractor will be paid for work performed to the termination date; however,
the total will not exceed the lump sum fee payable under this Agreement. CMWD will
make the final determination as to the portions of tasks completed and the
compensation to be made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or
person, other than a bona fide employee working for Contractor, to solicit or secure this
Agreement, and that Contractor has not paid or agreed to pay any company or person,
other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift,
or any other consideration contingent upon, or resulting from, the award or making of
this Agreement. For breach or violation of this warranty, CMWD will have the right to
annul this Agreement without liability, or, in its discretion, to deduct from the Agreement
price or consideration, or otherwise recover, the full amount of the fee, commission,
percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any agreement claim submitted to
CMWD must be asserted as part of the agreement process as set forth in this
Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor
acknowledges that if a false claim is submitted to CMWD, it may be considered fraud
and Contractor may be subject to criminal prosecution. Contractor acknowledges that
California Government Code sections 12650 et seq.. the False Claims Act applies to
this Agreement and, provides for civil penalties where a person knowingly submits a
false claim to a public entity. These provisions include false claims made with deliberate
ignorance of the false information or in reckless disregard of the truth or falsity of
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information. If CMWD seeks to recover penalties pursuant to the False Claims Act, it is
entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges
that the filing of a false claim may subject Contractor to an administrative debarment
proceeding as the result of which Contractor may be prevented to act as a Contractor
on any public work or improvement for a period of up to five (5) years. Contractor
acknowledges debarment by another jurisdiction is grounds for CMWD to terminate this
Agreement.
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of
enforcing a right or rights provided for by this Agreement will be tried in a court of
competent jurisdiction in the County of San Diego, State of California, and the parties
waive all provisions of law providing for a change of venue in these proceedings to any
other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon CMWD
and Contractor and their respective successors. Neither this Agreement or any part of it
nor any monies due or to become due under it may be assigned by Contractor without
the prior consent of CMWD, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated
by it, along with the purchase order for this Agreement and its provisions, embody the
entire Agreement and understanding between the parties relating to the subject matter
of it. In case of conflict, the terms of the Agreement supersede the purchase order.
Neither this Agreement nor any of its provisions may be amended, modified, waived or
discharged except in a writing signed by both parties.
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8
26. AUTHORITY
The individuals executing this Agreement 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 Agreement.
CONTRACTOR
BROWN AND CALDWELL,
employee owner company
an
(sign
CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized
under the Municipal Water Act of 1911,
and a Subsidiary District of the City of
Carlsbad
By:
(print name/title)
(e-mail address)
'By:
President, Executive Manager or
designee
ATT
(sign here)
(print name/title)
(e-mail address)
If required by CMWD, proper notarial acknowledgment of execution by contnVitoj^flflW&Y be
attached. If a Corporation. Agreement must be signed by one corporate officer from each of
the following two groups.
Secretary
*Group A.
Chairman,
President, or
Vice-President
**Group B.
Secretary,
Assistant Secretary,
CFOor
Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, General Counsel
By:_
Deputy General Counsel
General Counsel Approved Version #05.06.08
CERTIFICATE OF SECRETARY
OF
BROWN AND CALDWELL,
A CALIFORNIA CORPORATION
I, the undersigned, do hereby certify that:
1. I am the duly elected and acting Secretary of Brown and Caldwell, a
California corporation, and am keeper of the corporate records and seal of
said corporation.
2. At the annual meeting of the Board of Directors on February 5, 2010, the
following resolution was adopted:
RESOLVED that all Brown and Caldwell officers currently
appointed to serve are ratified and authorized to continue to
hold their offices at the pleasure of the Board of Directors of
this corporation until the next annual meeting of the Board of
Directors of this corporation or until their respective
successors are elected or qualified, or until their earlier
resignation. A listing of current company officers is attached.
BE IT FURTHER RESOLVED that all Brown and Caldwell
officers listed are authorized to financially commit the
corporation in accordance with the Company procedures and
policies within their respective area of responsibility or as stated
in the Bylaws.
3. Michael W. Nienberg is a Vice President of Brown and Caldwell, is so
identified in the February 5, 2010, resolution referenced above, and in that
capacity is duly authorized to financially commit the corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
Corporation this 24* day of June, 2010.
SIGNED:
ROBERT D. GOODSON, Secretary
(SEAL)
Exhibit A
Scope of Work
2010 Urban Water Management Plan for CMWD
Brown and Caldwell will efficiently prepare the 2010 UWMP in compliance with the Act using previous
CMWD UWMP and information currently being developed (e.g, Water Master Plan, Recycled Water Master
Plan, the 20 x 2020 analysis), only requesting necessary new data and estimates.
Brown and Caldwell has developed a detailed work plan and approach for the preparation of the CMWD's
2010 UWMP focusing on efficient execution, meeting California DWR requirements, and meeting the project
schedule. Details, assumptions, and Brown and Caldwell's approach are provided for each task in the scope
of work on the following pages.
Task 1
Data/Information Collection and Review
Brown and Caldwell will provide a list of data required to update the CMWD's 2005 plan. We will provide a
data request via email for any additional current data necessary to update the information in the 2005 plan
including:
• Recycled water plans contained in the CMWD's 2005 UWMP.
• CMWD submitted California Urban Water Conservation Council (CUWCC) BMP
Annual Reports.
• 2005 through 2009 actual and 2010 projected water conservation program description, activities, efforts,
and expenditures by demand management measure (DMM).
• Other pertinent documents, including: 2010 Water Master Plan, March 2003 Water Master Plan, August
1990 Water Reclamation Master Plan, October 1997 Reclaimed Water Master Plan Update, May 2000
Encina Basin Recycled Water Distribution Study, February 29, 2008 San Luis Rey River Water Rights
Determination, October 1997 Groundwater Investigations, 2010 Recycled Water Master Plan, water use
efficiency programs, regional SDCWA water transfers and exchanges, regional water plans, cooperative
agreements, Water Purchase Agreements, etc.
• 2009 surface water and groundwater production.
• 2009 water use by metered customer category.
• The CMWD's current Water Shortage Contingency Plan.
• The CMWD's current Emergency
Response Plan.
It should be noted that some of the data is already available, such as the Water Shortage Contingency Plan
located in 2005 UWMP.
Approach
We will provide a focused request such as "provide annual water use data for 2009 by customer category"
versus a vague request of "provide water use data." Brown and Caldwell will develop a data tracking sheet
that provides the contact person and data request status for each data item. We will review the DMMs
implementation plan, recycled water plans, and CUWCC BMP annual reports (including implementation
schedule) in the 2005 UWMP and will document whether these items were implemented as planned.
Based on a review of the documents developed by the Utilities Department, Brown and Caldwell will prepare
a section to discuss and describe any existing water management tools and options that are used by the
CMWD to minimize the need to imnort water and maximize resources.
Scope of Work
Strength
Brown and Caldwell already has some of the data needed to complete the UWMP. This will minimize
CMWD staff time required to collect data and allows a quick startup for our staff to begin updating the
UWMP. This will also prevent schedule delays that typically occur at project startup while waiting for data.
Task 2
Agencies Coordination
Task 2-1 Describe the Coordination of the Plan Preparation. A list of agencies with which CMWD is
required to coordinate preparation of its UWMP will be developed, along with the type of coordination
required.
Task 2-2 City and County Notification and Participation. The task objective is closely tied to the land use
and water supply planning. Documentation of plan coordination in the UWMP shall include:
" Notification to the City of Carlsbad's Planning Department 60 days before any UWMP public hearing or
any meeting of which potential changes may be discussed.
• Submittal of the completed Water Service Reliability Assessment (Tasks 4-9 and 4-10) to the Utilities
Department within 60 days of UWMP submission to DWR).
• Coordination of the plan preparation.
• Proof of public hearing.
A list of who will be provided the UWMPs will be submitted to the CMWD.
Task 2-3 Coordination with Regional Agencies/Wholesalers. Part of the coordination includes collection of
data from other sources, including SDCWA and Metropolitan. CMWD will collect and provide the data to the
Consultant, who in turn will summarize the information in the report.
CMWD expects the following processes to be followed out during the preparation of the UWMP:
m Regional coordination meetings hosted by CMWD will be documented to ensure that the exchange of
information is properly coordinated.
* CMWD is reiving on Metropolitan and SDCWA to provide the overall regional water service reliability
analysis. The Metropolitan analysis will be applied via a joint effort between SDCWA and Brown and
Caldwell to the CMWD service area analysis, and area estimates of reliability being developed by
CMWD.
* Brown and Caldwell will review the DWR worksheets to determine completeness of the submitted
plans.
" CMWD will collect and provide the
following information:
* All current and projected local water supplies and their respective reliability, including groundwater
projected to be produced from the San Luis Rey River watershed under water rights, recycled water,
surface water, groundwater, and desalinated seawater from Poseidon Resources.
* Current and projected water retail demand developed by CMWD.
* Upon coordination with Metropolitan and SDCWA, CMWD will provide:
* Hydrologic year basis to determine normal, single-dry, and multiple dry year data
* Metropolitan and SDCWA historical imported supply
Scope of Work
« Metropolitan and SDCWA current and projected supply, including reliability
* Projected water demand using the Metropolitan demand projected model in the SDCWA and CMWD
service area.
• With the above mentioned information, Brown and Caldwell will work closely with the Utilities
Department to develop the water service reliability analysis (Task 4-9) in order to develop a
comprehensive planning document.
Approach
DWR has been raising the bar as to what type of coordination is appropriate under this requirement. We are
familiar with the possible agencies with whom the CMWD must coordinate with or provide the UWMP to.
We will work with CMWD to identify the list of agencies for coordination and the appropriate level of
coordination. The agencies that will be considered include:
• San Diego County Water Authority (SDCWA)
• Metropolitan Water District (Metropolitan)
• City of Carlsbad
• Vallecitos Water District
• Leucadia Wastewater District
• Encina Wastewater Authority
Strength
Because of our previous work with the CMWD and the City of Carlsbad, the project team's familiarity with the
applicable agencies will make this process more efficient by coordinating early with these agencies.
TaskS
Service Area Information
Service area and demographic factors that may affect water supplied by CMWD must be discussed in the
UWMP, which include:
• Current and projected population
• Climate information by month including standard average evapotranspiration, average rainfall, and average
temperature
• Population and housing density
• Future commercial and industrial development
" Projected income levels .
• Update facilities information including water facilities map
Approach
Accurate and updated facilities descriptions and tables are being produced for the Water Master Plan and
Recycled Water Master Plan and we will use this effort to update the UWMP.
Scope of Work
Strength
Because of our previous work in the City of Carlsbad, we understand items like service area descriptions and
climate will remain mostly unchanged.
Task 4
Water Resources Reliability
Water resource reliability must be discussed in the 2010 UWMP.
Task 4-1 Identify Water Supplies. Brown and Caldwell will identify existing and planned water supply
sources (in 5 year increments for the next
25 years) and the current and planned quantities available to the CMWD in normal years.
Task 4-2 Water Sources - Wholesale Water. Planning efforts must be coordinated between the wholesale
agency and retail supply agency. The Utilities Department will provide the following data for inclusion in the
UWMP:
" The amount of SDCWA water to be obtained, including groundwater, in 5 year increments for the next
25 years.
• Written information from SDCWA agency that quantifies water availability to the CMWD in
5 year increments for the next 25 years.
Task 4-3 Water Source - Groundwater. The CMWD does not currently use groundwater supplies, but may
so in the future (e.g., through their groundwater rights in Oceanside in the San Luis Rey River Basin). As
such, Brown and Caldwell would include the following information:
" Discussion of the provisions and impacts found in the SDCWA reports regarding the groundwater supply
potential for conjunctive use in the San Luis Rey River Basin.
• Description of San Luis Rey River Basin, including static pumping levels, water quality, extraction rate,
total storage and other factors.
• Statement regarding CMWD's pre-1914
water rights.
• Actual production amount (AF per year)
" Expected production (AF per year) and sufficiency (% of total water supply) of groundwater to be
pumped by CMWD in
5 year increments for the next 25 years.
Task 4-4 Evaluate the Reliability of the Supplies Identified. The reliability or vulnerability of water supplies
must be discussed in the UWMP.
• Brown and Caldwell with coordinate with the Utilities Department to determine the basis of water year
data to be used for the Normal Water Year, Single-dry Year, and the Multiple-dry Year period. A
consistent methodology has been developed and used by Metropolitan, SDCWA, and CMWD.
• Each supply will be quantified in AF per year for the determined years listed above.
" Factors such as legal, environmental, water quality, and climatic will be identified that may result in
inconsistency of supply.
• Any plans to supplement or replace inconsistent water sources will be discussed.
Scope of Work
Task 4-5 Discuss Transfer and Exchange Opportunities. The Utilities Department will provide data for
inclusion in the UWMP. Short-
and long-term opportunities and proposed quantities for water exchange and transfer for
the CMWD will be discussed.
Task 4-6 Describe Past, Current, and Projected Water Demands. The Utilities Department will provide
water demand information. Brown and Caldwell will, when possible, include past, current, and projected
water used by sector in the service area for the CMWD in an effective way to show growth patterns. We will
work with CMWD to incorporate the selected GPCD method from Task 13 to help develop the water
demand projection. A new DWR requirement includes discussion of water use projections for single-family
and multi-family residential housing needed for lower income and affordable households.
Task 4-7 Describe Planned Water Supply Projects and Programs. All planned water supply projects will
be provided by the Utilities Department. Brown and Caldwell will quantify each proposed project's normal-
year supply, single dry-year supply, and multiple-dry year supplies associated with the CMWD.
Task 4-8 Development of Desalinated Water. Brown and Caldwell will include a description of
opportunities for CMWD in the development of desalinated water, which can include ocean water, brackish
water, and groundwater. Current information regarding the Water Purchase Agreement with Poseidon
Resources (Countryside) LLC will be discussed.
Task 4-9 Water Service Reliability Assessment. CMWD's water service reliability must be assessed for
normal, dry, and multiple-dry years. The Utilities Department will provide water supply projections and
Brown and Caldwell staff will perform the following assessments:
• Comparison of the projected normal water supply to the projected normal water demand in 5 year
increments, over the next 25 years.
• Comparison of the projected single-dry year supply to the projected single-dry year water demand in 5
year increments over the next 25 years, using methodology and demand change factors already developed
for the MCWD service area that are consistently used by Metropolitan, SDCWA, and CMWD.
• Projection of a multiple-dry year period occurring from 2011 to 2015 that compares supply and demand
during those years, using methodology and demand change factors already developed for the MCWD service
area that are consistently used by Metropolitan, SDCWA, and CMWD.
• Projection of multiple-dry year periods occurring from 2016 to 2020, 2021 to 2025, 2026 to 2030, and
2031 to 2035 and comparison against projected supply and demand during those years.
Task 4-10: Provide Water Service Reliability Assessment to Cities or County. Brown and Caldwell will provide a
list to CMWD, who will submit the completed Water Service Reliability Assessment to impacted cities and
counties (including the City of Carlsbad and Vallecitos Water District) within 60 days of UWMP submission to
DWR.
Approach
It is assumed that the 2010 Water Master Plan unit-water-use factors and other information provided will be
adequate to use in this UWMP. We will update the historical information from the 2005 UWMP and use
demographic and demand projections developed in the Master Plan for 2035 projections. We will estimate
the intermediate five year projections from 2010 through 2035 based on the demographic growth rate
estimated by the San Diego Association of Governments.
Strength
Brown and Caldwell has the insight and institutional knowledge to translate projections accurately into the
UWMP format
Scope of Work
TaskS
Demand Management Measures
The Urban Water Management Planning Act provides two distinct methods for providing information related
to the 14 DMMs. CMWD, a member of the CUWCC, submits its Best Management Practices (BMPs)
Activity Reports to satisfy the requirements of subdivisions (f) and (g). Items to be included in the UWMP
include:
" An update and discussion on the District's status of the Best Management Practices (BMPs).
• The last two BMP Activity Reports submitted for reporting years 2007-08 and 2008-09.
• Coverage reports identifying the progress.
" Submittal of the Council Coverage Calculator and any BMP cost-effectiveness forms in support of
exemption submittals
Approach
We will discuss your conservation projection with you to accurately update the description of your program. We
will use our conservation economic analysis tool which has been accepted by DWR and recently improved with
other projects to analyze this measure. We will meet with District staff to review these assumptions and inputs
and provide updates where necessary to perform this economic analysis.
Strength
Brown and Caldwell was an original signatory in 1991 to the Memorandum of Understanding Regarding
Urban Water Conservation as overseen by the CUWCC. Brown and Caldwell has been on the CUWCC
Board of Directors since 2008, with Lisa Maddaus as our representative. Lisa Maddaus is also a member of
the Department of Water Resources Urban Stakeholder Committee providing guidance to DWR on
implementation strategies for SB x7-7 (20 x 2020) including GPCD target setting methodologies and
reporting requirements.
Task 6
Water Shortage Contingency Plan
The CMWD will provide the adopted Water Shortage Contingency Plan. Brown and Caldwell will evaluate,
summarize, and provide recommendations as necessary for the following tasks:
Task 6-1 Stages of Action. Identified stages of action that the CMWD will take in response to a water
supply shortage.
Task 6-2 Estimate of Minimum Supply for the Next Three Years. Quantification of the minimum water
supply available during the next three years based on the driest three-year historic sequence using the
consistent methodology developed and used by Metropolitan, SDCWA, and CMWD.
Task 6-3 Catastrophic Supply Interruption Plan. Brown and Caldwell will evaluate the vulnerability of each
source and the delivery and distribution systems to events such as earthquakes, regional power outages,
systems failures, terrorist attacks, and other types of events. CMWD will provide a draft of this section that
Brown and Caldwell will update, refine and finalize.
Task 6-4 Prohibitions, Penalties, and Consumption Reduction Method. Brown and Caldwell shall
incorporate the following information:
Scope of Work
• Mandatory prohibitions against specific water use practices during water shortages in the CMWD service
area (including definition of when prohibition becomes mandatory).
• Consumption reduction methods, stage methods go into effect and projected reduction (%).
" List of excessive use penalties and changes and associated stage penalties take effect.
Task 6-5 Analysis of Revenue Impact of Reduction Sales During Shortages. A description of how
CMWD's planned consumption methods, reduction methods, penalties, and prohibitions are likely to impact
revenues will be included. Additionally, the cost of implementing a water shortage program will be included.
Proposed measures on how CMWD plans to overcome likely financial impacts will be listed. Brown and
Caldwell and the Utilities Department will work together on this section.
Task 6-6 Draft Ordinance. A copy of the draft water shortage contingency resolution and ordinance will be
included.
Task 6-7 Reduction Monitoring. Mechanisms will be discussed that CMWD will use to determine actual
reductions on a weekly or daily basis.
Approach
The UWMP must include a water shortage contingency plan that is updated, easy to implement, and consistent
with the plans used by your wholesale water suppliers and other local water purveyors.
We will identify actions for different "extended" shortages related to drought and environmental restrictions as
well as specific measures under severe disruptions due to catastrophic infrastructure failure.
Strength
We will use our in-depth knowledge of the Act, DWR requirements, and new legislation in combination with our
first-hand knowledge of your system and past UWMP to accurately and efficiently update and develop all
components of your 2010 UWMP.
Task 7
Current and Proposed Use of Recycled Water
Task 7-1 Coordination. The plan for the use of recycled water in CMWD's service area must be discussed.
CMWD is currently in discussions with adjacent water agencies to supply recycled water for retail to their
customers.
Task 7-2 Wastewater. A description of the wastewater collection and treatment systems in the CMWD
service area will be included. Several agencies (e.g., Encina Wastewater Authority, Leucadia Wastewater
District, etc) operate in the CMWD area.
Task 7-3 Potential and Projected Use of Recycled Water, Optimization Plan with Incentives. Future uses of
recycled water must be projected in 5 year increments, over the next 25 years. Additionally, the actual 2010
recycled uses will be compared against what was previously projected by the 2005 UWMP. Actions (e.g.,
financial incentives or installation of a dual distribution system) that may be taken to encouraged recycled water
use will be described and projected in 5 year increments over the next 25 years.
Approach
Our plan will describe methods of wastewater disposal in the service area. The wastewater generation
quantities will be adjusted to define the amounts contributed from your water system service areas, a technical
approach we have used for previous UWMPs. The UWMP will include a description of the recycled water
Scope of Work
currently used in the service area including the type, place, and quantity of use. We will include a comparison
of 2005 UWMP projected recycled water use to actual use as well as information on plan coordination with
other agencies and projected treatment and use of wastewater and recycled water. We will discuss possible
future recycled water use.
Strength
We have been told by DWR that this is a required item frequently presented incorrectly by others. However,
Brown and Caldwell knows how to meet DWR requests from successful completion of this section in all of
our past UWMP submittals.
Task 8
Water Quality Impacts on Reliability
A description of how water quality will impact water management strategies and supply reliability will be
included in the UWMP. Brown and Caldwell will quantify and describe the changes projected in 5 year
increments over the next 25 years.
Approach
Brown and Caldwell will use the Water Master Plan and other data provided by CMWD in order to evaluate the
water quality impacts of these sources.
Strength
We have the insight and institutional knowledge to evaluate how water quality will impact water management
strategies and how to accurately present the data in the UWMP format.
Task 9
Public Participation
Individuals or entities from social, cultural, and economic community groups must be identified for input
during the preparation of the UWMP. CMWD must post and publish a notice at least 10 days prior to the
adoption of the final document.
Approach
Brown and Caldwell will assist the Utilities Department in identifying the individuals and entities that must be
notified.
Strength
We will use our in-depth knowledge of the Act, DWR requirements, and local entities to provide a thorough
list.
Task 10
Prepare Draft Report
Brown and Caldwell will prepare a first draft report for review.
Scope of Work
Approach
Ten (10) paper, one (1) PDF and one (1) MSWord copies of the first draft will be provided to the Utilities
Department and appropriate agencies for review and comment. We will consult with DWR on their
comments or questions and edit the draft UWMP as necessary to address these comments. We will review
and discuss staffs comments prior to revising the plan.
Strength
We maintain regular contact with DWR. Paul Selsky is on a first-name-basis with key DWR staff due to
regular contact and past work on UWMPs.
We have found that face-to-face contacts with DWR serve to facilitate the DWR review process and lead to
minimal to no review comments. Brown and Caldwell has recently contacted Kim Rosmaier at DWR and
received information that DWR staff will likely review a mid-year draft submittal or template to provide
feedback that would be intended to help minimize DWR comments or questions following submittal of the
final UWMP to DWR after Board adoption.
Task 11
Prepare a Final Draft of the 2010 UWMP Update Report, Deliver
Presentation to Governing Body, and Attend Public Hearing
Brown and Caldwell will prepare a final draft of the 2010 UWMP as discussed in the Scope of Work.
Approach
We will incorporate all comments from the first draft into this draft-final. Brown and Caldwell will submit ten
(10) paper, one (1) PDF and one (1) MSWord copies of the to CMWD.
A second draft report will be provided for staff and Board review and public comment at a public hearing.
We will prepare a presentation for the public hearing to present the draft 2010 UWMP.
Brown and Caldwell will participate in up to three meetings with CMWD to discuss data and internal review
comments. We will attend up to two Board meetings, one of the Board meetings being the public hearing for
the UWMP. We will prepare and conduct a presentation for the public meeting and attend both Board
meetings to address any comments or questions.
Meetings and Presentation: We propose three project meetings to occur as follows:
Meeting #1. Meet mid-project to discuss data or any issues in development of the draft plan.
Meeting #2. Meet to review CMWD comments on the first draft.
Meeting #3. Meet prior to Board presentation of the UWMP to discuss/review the contents of presentation.
Strength
Our experience meeting with CMWD staff provides us the insight needed to conduct meetings that are
effective and useful to keep the project moving in the right direction.
Scope of Work
Task 12
Prepare and Submit Adopted Final 2010 Report
Brown and Caldwell will prepare a final 2010 UWMP as discussed in the Scope of Work.
Approach
Brown and Caldwell will incorporate any comments from the draft-final plan and public hearing into a Final
plan. We will submit in the quantity and format requested by the Utilities Department.
Brown and Caldwell will provide a CD with all project files in native format and a PDF file of the final 2010
UWMP.
Strength
We will use our in-depth knowledge of the Act, DWR requirements, and relationship with DWR staff to produce a
2010 UWMP that DWR will approve.
Task 13
Compliance with SB-7 Sustainable Water Use and Demand Reduction
Approach
We will evaluate the methods to establish gallons per capita per day (GPCD) water use targets and assist you
in selecting the best method. We will compare the methods of calculating per capita water usage and the
significance of each method on the need for future water conservation efforts.
Method 1 requires eatablishing a 10-year GPCD baseline. We will work with you to establish population and
total applicable water production by year for 1995 to 2009. Your per capita water use will be defined to
inform the selection of the optimal ten year baseline period for Method 1.
For Method 2, we will work with you to estimate landscape area using planning assumptions tailored to your
service area.
Method 3 will be based on the target for the applicable hydrologic region in the 20X2020 Water
ConservationPlan (Feb. 2010).
Method 4 has not yet been defined by DWR. DWR is developing guidelines for evaluating Methods 1, 2, and
3. If you decide to proceed with the evaluation of Method 4 or depending on the extent of the guidelines that
are to be released later this year, the scope of work may have to be amended.
Strength
We are confident that we can accurately assist you to evaluate the GPCD target as required by the new
legislation addressing the Governors' 20 X 2020 Plan due to our monitoring of the legislative process and
contacts with DWR.
10
Scope of Work
Task 14
Administration and Management Task
This task includes coordination of the project team and oversight of project staff, budget, and schedule.
Brown and Caldwell will communicate with the CMWD to provide project status updates via phone or email
on a biweekly schedule. Brown and Caldwell will also conduct a kick-off meeting with the CMWD.
Approach
Paul Selsky, our proposed Project Manager, will be responsible for meeting budget, schedule, and quality
goals. Paul will keep the CMWD's Project Manager abreast of all project activities and potential issues with
clear, regular communication.
Our team will use Project Delivery System (PDS) to control project costs. PDS is Brown and CaldwelTs
internal state-of-the-art software tool that fully integrates with our firm's bookkeeping and quality control
systems to track costs and quality measures for each project task. One feature of PDS is a real-time graphical
display of actual project costs over time along with project status. This graphical display enables Paul and all
project team members to readily review project status on a real-time weekly basis and make adjustments as
necessary.
We have found that a well-facilitated kick-off meeting provides the opportunity for water utility staff to
gather and discuss issues related to water supply planning and have used this strategy in several UWMPs
including the City of San Diego's 2010 UWMP. At the kick-off meeting we will review budget and our key
assumptions and approach in this detailed work plan. We will also discuss CMWD expectations regarding all
project deliverables, review provided data, request additional information as needed, and outline the project
schedule and project communication protocols.
Paul Selsky will provide quality control and quality assurance reviews of all work prior to submittal to the
CMWD.
Strength
Brown and Caldwell has experience working and communicating with Utilities Department staff to maintain
project scope, budget, and schedule on previous projects.
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Task Name Duration
Project Administration and Management 258 days
Kickoff Meeting
Meeting #1
Meeting #2
Meeting #3
Data Collection and Review
Written Data Request
Prepare 201 OUWMP
UWMP Development
Prepare Draft/Final UWMP
BC Submit Draft Report
District Staff Provide Comments On
Report
BC Submit Final Draft
District Staff Provide Comments On
Draft of UWMP
1 day
1 day
1 day
1day
1day
1day
45 days
45 days
262 days
1 day
Draft 15 days
1day
Final 15 days
Notify Relevant Cities or Counties 60 Days 1 day
before UWMP Public Hearing
BC Submit Plan for Adoption at Public 1 day
Hearing
Public Hearing
Plan Adoption
1 day
1 day
Respond to DWR Questions/Comments 5 days
Consult with DWR On Comments of Draft 5 days
Plan (DWR Preview)
Start
Wed 7/7/10
Mon 7/19/10
Wed 9/8/10
Fri 10/8/10
Tue 2/1/1 1
Mon 7/1 2/10
Mon 7/12/10
Mon 7/19/10
Mon 7/19/10
Tue 6/1/10
Mon 9/20/10
Mon 9/20/10
Wed 12/1/10
Wed 12/1/10
Wed 12/1/10
Tue 2/1/11
Tue 6/1/10
Wed 6/1/11
Wed 12/1/10
Wed 12/1/10
Finish
Fri 7/1/11
Mon 7/19/10
Wed 9/8/10
Fri 10/8/10
Tue 2/1/11
Mon 7/12/10
Mon 7/1 2/10
Fri 9/17/10
Fri 9/17/10
Wed 6/1/11
Mon 9/20/10
Fri 10/8/10
Wed 12/1/10
Tue 12/21/10
Wed 12/1/10
Tue 2/1/11
Tue 6/1/10
Wed 6/1/11
Tue 12/7/10
Tue 12/7/10
2011
May Jun I Jul I Aua Seo I Oct I Nov Dec Jan Feb I Mar I Aor I May Jun I Jul I Aua
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Date: Tue 6/8/10 Task M"estone ^^Summary ^^^^^