HomeMy WebLinkAboutRMC Water and Environment; 2015-09-25; UTIL1278AGREEMENT FOR THE PREPARATION OF
CMWD 2015 URBAN WATER MANAGEMENT PLAN
RMC WATER AND ENVIRONMENT
RECITALS
UTIL1278
A. CMWD requires the professional services of a consultant engineer 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 Urban Water Management Plans.
C. 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 one ( 1) year from the date first above
written. The Executive Manager may amend the Agreement to extend it for one (1) additional year
or parts thereof. 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.
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 nine hundred forty nine dollars ($67,949). 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 rn Exhibit "A".
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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
with holdings 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.
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 CMWD and the City of Carlsbad, their 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 CMWD or the
City of Carlsbad incurs or makes to or on behalf of an injured employee under the their 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
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carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus
line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating
in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by
the National Association of Insurance Commissioners (NAIC) latest quarterly listings report.
10.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below, unless the
Risk Manager 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. The full limits available to the named insured shall also
be available and applicable to CMWD as an additional insured.
1 0.1.1 Commercial General Liability Insurance. $2,000,000 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.
1 0.1.2 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.
1 0.1 .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.
1 0.1.4 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:
1 0.2.1 CMWD will be named as an additional insured on Commercial General
Liability which shall provide primary coverage to CMWD.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability,
which will be written as claims-made coverage.
1 0.2.3 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
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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 any time,
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.
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.
ForCMWD
Name Lindsey Stephenson
Title Associate Engineer .
Carlsbad Municipal Water District
Address 5950 El Camino Real
Carlsbad, CA 92008
Phone 760-438-2722
For Contractor
Name
Title
Rosalyn Prickett
Operations Manager
Address 10509 Vista Sorrento Pkwy St 205
San Diego, CA 92121
Phone
E-mail
858-875-7400
rprickett@rmcwater. com
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
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
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 (1 0) 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 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
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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
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. JURISDICTION 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 nor 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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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
RMC WATER AND ENVIRONMENT, a
California corporation
By:~-.~L/2/~ ~~~"""~--
CARLSBAD MUNICIPAL WATER DISTRICT, a
Public Agency organized under the Municipal
Water Act of 1911 , and a Subsidiary District of
=~·
Kathryn B. Dodson I
Interim Executive Manager ~ CAd!tf"LcAw'A--V ic..t
(print name/title) fllriirl~
By:g~ ~ (sign here~
Secretary
(print nam itle)
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,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or 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 :
CELIA A. BREWER, General Counsel
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EXHIBIT "A"
SCOPE OF WORK
The Carlsbad Municipal Water District (CMWD), a subsidiary district of the City of
Carlsbad (City), is responsible for potable and recycled water service to most of the City
of Carlsbad, and is a member agency of the San Diego County Water Authority (Water
Authority).
The District is updating the Urban Water Management Plan (UWMP). Consultant shall
utilize the 2015 Urban Water Management Plans Guidebook for Urban Water Suppliers
(hereafter referred to as Guidebook; in draft state at the time of this Scope of Work (SOW);
final version anticipated to be available in September 2015) and to incorporate all
applicable information and tables required therein and to implement the proposed
organization outlined there. The tasks included in this SOW attempt to align with the Draft
2015 UWMP Guidebook for Retail Urban Water Suppliers. Consultant shall be responsible
for compliance with DWR's 2015 UWMP Guidebook.
The UWMP includes the following tasks:
Task 1: Background
Sub task 1.1: Data/Information Collection and Review
Consultant shall review pertinent documents, including but not limited to:
• 2010 UWMP
• BMP Annual Reports
• Projected water conservation program description, activities, efforts, and
expenditures by demand management measure (DMM).
• Recycled Water Master Plan (July 2011)
• Phase Ill Recycled Water Project Feasibility Study (June 2012)
• San Luis Rey River Water Rights Determination (February 29, 2008)
• Groundwater Investigations (October 1997)
• Water use efficiency programs
• Regional SDCWA water transfers and exchanges
• Regional water plans
• Cooperative Water Purchase Agreements
• 2014 surface water and groundwater production
• 2014 water use by metered customer category
• City's Draft General Plan
• The CMWD's current Water Shortage Contingency Plan
• The CMWD's current Emergency Response Plan
• City of Carlsbad's Draft Climate Action Plan
• Desalination Water Purchase Contract
• Any other documents Consultant deems relevant to complete the work
Subtask 1.2 Proposed Table of Contents/Compliance Checklist
Consultant shall prepare a proposed Table of Contents (sections and sub-sections),
consistent with the Guidebook and outlining the UWMP, and shall present the document
CMWD 2015 Urban Water Management Plan -SOW
at the Kick-off Meeting. The Table of Contents shall be considered a living document
and shall be included and updated with each plan chapter submitted.
Consultant shall also develop and maintain a Compliance Checklist which identifies all of
the DWR-required plan elements and cross-walks them to the proposed Table of
Contents. The Compliance Checklist shall be considered a living document and shall be
included and updated with each plan chapter submitted.
Subtask 1.3 Introduction and Overview
Consultant shall prepare a plan chapter covering applicable portions of Chapter 1
Introduction and Overview of the Guidebook, including but not limited to the following
topics:
• Background and purpose
• Urban Water Management Planning and the California Water Code
• Use of Standardized Forms, Tables, or Displays in the UWMP
• Consistency in Reporting
• UWMP Organization
• Grant or Loan Eligibility
• Appendix F -DWR UWMP Checklist (for Respective Section)
Consultant shall provide a draft plan chapter for CMWD review (1-week review period
allocated in schedule), then incorporate CMWD comments for inclusion in the UWMP in
Task 11.
Task 2: Plan Preparation
Subtask 2.1 Agency Coordination
Consultant shall coordinate with relevant agencies and provide required notifications and
review opportunities.
Subtask 2.2 Additional Coordination with SDCWA
Consultant shall attend two member agency coordination meetings with SDCWA to
understand SDCWA-produced demand forecast and UWMP development process.
Consultant shall also complete the following activities with the San Diego County Water
Authority (SDCWA) and prepare a TM for each activity:
• Review and reconcile SDCWA/SANDAG population growth with City of
Carlsbad projections.
• Review SDCWA's draft baseline normal year demand forecast
(anticipated for October 2015).
• Review and provide comments on the SDCWA Draft UWMP by mid-
January.
For each activity in this subtask, consultant shall provide a draft TM for CMWD review
(1-week review period allocated in schedule), incorporate CMWD comments, and then
submit a final TM to CMWD that CMWD will then provide to SDCWA.
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Subtask 2.3 Plan Preparation
Consultant shall prepare a plan chapter covering applicable portions of Chapter 2 Plan
Preparation of the Guidebook, including but not limited to the following topics:
• Basis for Preparing a Plan
• Individual or Regional Planning and Compliance
• Fiscal or Calendar Year
• Coordination and Outreach
• Appendix F -DWR UWMP Checklist (for Respective Section)
Consultant shall provide a draft plan chapter for CMWD review (1-week review period
allocated in schedule), and then incorporate CMWD comments for inclusion in the
UWMP in Task 11 .
Subtask 2.4 SBX7-7 Targets
Consultant shall prepare a TM covering the following topic:
• SBX?-7 target info, as requested by SDCWA. Consultant will recalculate
population projections per the 2010 Census and subsequently recalculate
baseline water use. Consultant will then recalculate water use targets
using all four Target Methods to determine the best method for the
District.
Consultant shall provide a draft TM for CMWD review (1-week review period allocated in
schedule), incorporate CMWD comments, and then submit a final TM to CMWD that
CMWD will then provide to SDCWA.
Subtask 2.5 Local Supply Projections
Consultant shall prepare a TM covering the following topic:
• Local Supply Projections, as requested by SDCWA. Consultant will
develop a detailed description of the District's existing and future supply
mix, including desalinated seawater and expanded recycled water
supplies.
Consultant shall provide a draft TM for CMWD review (1-week review period allocated in
schedule), incorporate CMWD comments, and then submit a final TM to CMWD that
CMWD will then provide to SDCWA.
Task 3: System Description
Consultant shall prepare a plan chapter covering Chapter 3 System Description of the
Guidebook, including but not limited to the following topics:
• General description
• Service area map(s)
• Service area climate
• Service area population and demographics
• Appendix F -DWR UWMP Checklist (for Respective Section)
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Consultant shall provide a draft plan chapter for CMWD review (2-week review period
allocated in schedule), and then incorporate CMWD comments for inclusion in the
UWMP in Task 11 .
Task 4: System Demands
Subtask 4.1 System Demands
Consultant shall prepare a plan chapter covering Chapter 4 System Demands of the
Guidebook, including but not limited to the following topics:
• Historical Water Use
• Water Uses by Sector
• Distribution System Water Loss
• Water Savings from Codes, Ordinances, or Transportation and Land Use
Plans .
• Water Use for Lower Income Households
• Appendix F -DWR UWMP Checklist (for Respective Section)
Consultant shall provide a draft plan chapter for CMWD review (2-week review period
allocated in schedule), incorporate CMWD comments, and then submit a revised plan
chapter that Consultant will then incorporate as the respective section of the UWMP.
Second (revised) version of plan chapter may be unnecessary; to be determined by
District staff.
Subtask 4.2 Climate Change
In the Section 4 System Demands plan chapter, Consultant shall include a section on
Climate Change, as described in the Guidebook.
Task 5: Baselines and Targets
Consultant shall prepare a plan chapter covering Chapter 5 Baselines and Targets of the
Guidebook, including but not limited to the following topics:
• Updated calculations from 2010 UWMP
• Baseline periods
• Updated Service Area Population, including maps and electronic shape file
• Gross Water Use
• Baseline Daily per Capita Water Use
• 2015 and 2020 Targets
• 2015 Compliance Daily per Capita Water Use
• Accelerated forecasted growth (per SDCWA)
• Appendix F -DWR UWMP Checklist (for Respective Section)
Building on the TM prepared in Subtask 2.4, Consultant shall provide a draft plan
chapter for CMWD review (2-week review period allocated in schedule), incorporate
CMWD comments, and then submit a revised plan chapter that Consultant will then
incorporate as the respective section of the UWMP. Second (revised) version of plan
chapter may be unnecessary; to be determined by District staff.
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Task 6: System Supplies
Subtask 6.1 System Supplies
Consultant shall prepare a plan chapter covering Chapter 6 System Supplies of the
Guidebook, including but not limited to the following topics:
• Purchased water
• Groundwater
• Surface water
• Storm water
• Recycled Water
• Recycled water system background
• Quantity
• Quality, including average TDS effluent quality
• Potable Reuse Projects
• Desalination
• Transfer and Exchange Opportunities
• Future Water Supply Projects, broken down into the following categories,
as requested by SDCWA:
• Verifiable
• Additional Planned
• Conceptual
• Summary of Existing and Planned Sources
• Water supply energy intensity (SB 1 036)
• Appendix F -DWR UWMP Checklist (for Respective Section)
Building on the TM prepared in Subtask 2.5, Consultant shall provide a draft plan
chapter for CMWD review (2-week review period allocated in schedule), incorporate
CMWD comments, and then submit a revised plan chapter that Consultant will then
incorporate as the respective section of the UWMP. Second (revised) version of plan
chapter may be unnecessary; to be determined by District staff.
Subtask 6.2 Climate Change
In the Section 6 System Supplies plan chapter, Consultant shall include the sub-section
on Climate Change, as described in the Guidebook.
Subtask 6.3 Voluntary Reporting of Energy Intensity
In the Section 6 System Supplies plan chapter, Consultant shall include the appendix on
voluntary reporting of energy intensity, as described in the Guidebook.
Task 7: Water Supply Reliability Assessment
Consultant shall coordinate with supply reliability analysis provided by SDCWA for the
region's imported water supplies and prepare a plan chapter covering Chapter 7 Water
Supply Reliability Assessment of the Guidebook, including but not limited to the following
topics:
• Supplementing Inconsistent Sources
• Water Quality Impacts on Reliability
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• Reliability by Type of Year
• Normal year
• Single dry year
• Multiple dry year
• Supply and demand assessment
• Normal year
• Single dry year
• Multiple dry year
• Regional Supply Reliability
• Appendix F -DWR UWMP Checklist (for Respective Section)
Consultant shall provide a draft plan chapter for CMWD review (2-week review period
allocated in schedule), incorporate CMWD comments, and then submit a revised plan
chapter that Consultant will then incorporate as the respective section of the UWMP.
Task 8: Water Shortage Contingency Planning
Consultant shall prepare a plan chapter covering Chapter 8 Water Shortage
Contingency Planning of the Guidebook, including but not limited to the following topics:
• Stages of Action
• Mandatory Prohibitions
• Penalties, Charges, Other Enforcement
• Consumption Reduction Methods
• Determining Reductions
• Revenue and Expenditure Impacts
• Resolution or Ordinance
• Catastrophic Supply Interruption
• Minimum Supply Next Three Years
• Appendix F-DWR UWMP Checklist (for Respective Section)
Consultant shall update plan chapter to reflect a two-tiered conservation program, with
one set of programs to be implemented on a day-to-day basis and additional
conservation programming to be brought online depending on the water shortage stage.
The Water Shortage Contingency Plan shall be updated to reflect current drought
response actions, per Ordinances 44 and 46. The State Board's conservation mandate
will be discussed in light of the District's water shortage stages. This effort will be
coordinated with development of supplemental DMMs in Task 9.
Consultant shall provide a draft plan chapter for CMWD review (2-week review period
allocated in schedule), incorporate CMWD comments, and then submit a revised plan
chapter that Consultant will then incorporate as the respective section of the UWMP.
Task 9: Demand Management Measures
Consultant shall prepare a plan chapter covering Chapter 9 Demand Management
Measures of the Guidebook, including but not limited to the following topics:
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• Demand Management Measures for Retail Agencies
• Implementation over the past Five Years
• Planned Implementation to Achieve Water Use Targets
• 2014-2015 BMP annual reports, if available
• Appendix F -DWR UWMP Checklist (for Respective Section)
This chapter will be updated based on the District's BMP Annual Reports submitted to
CUWCC to reflect past and planned demand management activities to achieve the
SBx7 -7 targets. Ongoing conservation measures (via Ordinances 44 and 46) will be ·
factored into conservation projections. Consultant will review existing conservation
programs and identify supplemental programs that can be developed and brought online
to provide additional savings and help the District to meet its 2020 GPCD target, if
needed.
Consultant shall provide a draft plan chapter for CMWD review (2-week review period
allocated in schedule), and then incorporate CMWD comments for inclusion in the
UWMP in Task 11 .
Task 10: Plan Adoption, Submittal, and Implementation
Consultant shall prepare a plan chapter covering Chapter 10 Plan Adoption, Submittal,
and Implementation of the Guidebook, including but not limited to the following topics:
• Notice of Public Hearing
• Public Hearing and Adoption
• Plan Submittal
• Public Availability
• Plan Implementation
• Amending an Adopted Plan
• Appendix F -DWR UWMP Checklist (for Respective Section)
Consultant shall provide a draft plan chapter for CMWD review (2-week review period
allocated in schedule), and then incorporate CMWD comments for inclusion in the
UWMP in Task 11 .
Task 11: Draft Report
Consultant shall complete the following activities:
• Prepare an executive summary.
• Compile the most recent version of all the plan chapters prepared under
Tasks 1-10 into a draft report. The TMs prepared as additional
coordination with SDCWA (Subtask 2.2) will not be included.
• Include any appendices for supporting documentation, including but not
limited to:
• Energy intensity
• Documentation of public notice
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CMWD 2015 Urban Water Management Plan -SOW
• Agenda of the public hearing, or an agenda of the adoption
hearing that includes the public hearing as an agenda item
• Adoption resolution
• BMP reports
• Appendix F-DWR UWMP Checklist
• Submit 3 hard copies and provide 1 electronic copy to CMWD for review
(2.5-week review period allocated in schedule).
• Conduct meeting with CMWD staff to review the Draft Report.
• Prepare meeting agenda/materials and meeting summary and
action items.
• Provide draft agenda/materials at least 3 business days prior to
meeting.
• Provide meeting summary and action items for review within 7
business days.
Task 12: Revised Draft Report for Public Review and Adoption
Consultant shall complete the following activities:
• Incorporate CMWD comments on Draft Report.
• Submit 3 hard copies and 1 electronic to CMWD.
• Submit draft presentation material 6 weeks prior to public hearing
• Issue notices for the public hearings in compliance with the water code,
with at least 60 days notification (prior to public hearing) to interested
cities and counties and at least 30 days (prior to public hearing) to the
general public.
• Conduct a meeting with CMWD staff to review draft presentation material.
• Prepare meeting agenda/materials and meeting summary and
action items.
• Provide draft agenda/materials at least 3 business days prior to
meeting.
• Provide meeting summary and action items for review within 7
business days.
• Submit final presentation material 4 weeks prior to public hearing.
• Conduct one presentation at public hearing.
• Conduct one presentation to governing body.
• Conduct a meeting with CMWD staff to review the Revised Draft Report
and input from public and governing body.
• Prepare meeting agenda/materials and meeting summary and
action items.
• Provide draft agenda/materials at least 3 business days prior to
meeting.
• Provide meeting summary and action items for review within 7
business days.
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CMWD 2015 Urban Water Management Plan -SOW
Task 13: Final Report
Consultant shall complete the following activities:
• Incorporate final revisions based on Public Review and Adoption process
• Submit the following sets of the final report:
• Electronic upload submittal to DWR
• CD to California State Library
• 8 hard copies and 1 electronic copy to CMWD
Task 14: Submit Supporting Documentation
Consultant shall complete the following activities:
• Submit supporting documentation for the UWMP to CMWD via ftp or CD.
Documentation may include, but is not limited to : GIS, word documents,
excel, methodology for calculations, documentation of assumptions,
documentations of calculations
Task 15: Project Management
Subtask 15. 1 Schedule
Consultant shall prepare and manage a project schedule, showing all meetings,
deadlines, deliverables, review periods, and notifications. The schedule shall be
considered a living document and shall be provided at the kick-off meeting and then
updated and provided at each subsequent monthly progress meeting. The anticipated
schedule for major activities are included below.
Major Activity Anticipated Schedule
TM on SBX7-7 Target (optional Subtask 2.4) and TM September 18, 2015 (SDCWA has
on Local Supply Projections (Optional Subtask 2.5) granted CMWD a short grace period of
to SDCWA approximately 3 weeks if the planned
deadline cannot be met)
2015 UWMP Guidebook available September 2015
SDCWA Draft 2015 UWMP available for review Early January 2016
TM on SDCWA Draft 2015 UWMP due January 2016
Presentation at Public Hearing Early May 2016
Presentation to Governing Body Early May 2016
UWMP Adoption Early June 2016
UWMP due to DWR and CMWD July 1, 2016 (target 6/15/16)
Subtask 15.2 Meetings
Consultant shall conduct the following meetings and shall prepare meeting
agenda/materials and meeting summary and action items for each. Provide draft
agenda/materials at least 3 business days prior to each meeting. Provide meeting
summary and action items for review within 7 business days.
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CMWD 2015 Urban Water Management Plan -SOW
• Project kick-off meeting, including the following materials:
• Data request (Subtask 1.1)
• UWMP Table of Contents (Subtask 1.2)
• Schedule (Subtask 15.1)
• Monthly progress meetings (held via 1-hour phone or video-conference)
• Status of action items
• Table of Contents/Compliance Checklist (Subtask 1.2)
• Schedule (Subtask 15.1)
Note that task specific meetings are also included under respective tasks.
Subtask 15.3 Project Management
Consultant shall provide general project management functions, including preparing and
maintaining budgets, submitting monthly invoices and project updates, and conducting
quality assurance.
Task 16: Potential Changes to Guidebook
The 2015 UWMP Guidebook is in draft state at the time of this SOW, and the final version
is anticipated to be available in September 2015. Because Consultant is required to
comply with DWR requirements for the UWMP, this task will be used as needed to
accommodate any unforeseen changes to the Guidebook that impact the SOW under
other tasks. Consultant shall not use budget allocated under this task without prior written
authorization.
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RMC water and environment
Carlsbad Municipal Water District
2015 Urban Water Management Plan
_ rates _
Fee Estimate
2. Other direct costs (ODCs) such as reproduction, delivery, mileage (rates will be those allowed by current IRS guidelines), and travel expenses, will be billed at actual cost plus 10%.
September 9, 2015
RMC water and environment
RMC Water and Environment
2015 Standard Billing Rates
Billing Classifications
Engineer-Planner-Scientist
EPS-1 $
EPS-2 $
EPS-3 $
EPS-4 $
EPS-5 $
EPS-6 $
EPS-7 $
EPS-8 $
EPS-9 $
EPS-10 $
EPS-11 $
EPS-12 $
EPS-13 $
EPS-14 $
Intern $
Technician
TECH-1 $
TECH-2 $
TECH-3 $
TECH-4 $
TECH-5 $
TECH-6 $
TECH-7 $
Administrative
AD-1 $
AD-2 $
AD-3 $
AD-4 $
AD-5 $
AD-6 $
AD-7 $
2015 Rates
146.00
162.00
174.00
190.00
199.00
212.00
223.00
234.00
244.00
259.00
274.00
286.00
295.00
299.00
55.00
131.00
135.00
140.00
145.00
151.00
159.00
161.00
95.00
100.00
107.00
118.00
130.00
140.00
150.00
Note: The individual hourly rates include salary, overhead and profit. Other direct costs (ODCs) such as
reproduction, delivery, mileage (as allowed by IRS guidelines), and travel expenses will be billed at actual cost
plus 10%. Subconsultants will be billed as actual cost plus 10%. RMC may work with CMWD to adjust its hourly
rate structure at the beginning of the second year, if the contract is extended beyond one year.
Kathy Hamilton
From: Kathy Hamilton
Sent: Tuesday, September 29, 2015 10:33 AM
'rprickett@rmcwater.com' To:
Cc:
Subject:
Rhonda Gasper-Heather; Lindsey Stephenson; Shelley Collins; Donna Heraty
REQUIRED CONFLICT OF INTEREST
To Whom It May Concern:
You are receiving this email because your company has a consultant agreement with the City of Carlsbad. The City of
Carlsbad's Conflict of Interest Code requires all consultants to file a statement disclosing certain economic interests, that
may foreseeably be affected materially by any decisions made, or participated in, by a designated official because of
their position. To comply with this requirement a Statement of Economic Interest Form 700 "Assuming Office" is
required to be filed with the City of Carlsbad City Clerk's Office.
To file your Assuming Office statement, please follow the instructions below:
• As reflected in the City Conflict of Interest Code-Resolution No. 2012-114 (below), the employee(s) of your
company that work directly with city staff are required to complete the Statement of Economic Interest Form
(Form 700). Consultants are required to claim-
Category (A) Investment and Real Property Disclosure
Category (B) Personal Income Disclosure
Category (C) Business Entity Income Disclosure
Category (D) Business Position Disclosure
• Your "Assuming Office" date for this filing is September 25, 2015.
• Even if there are no reportable interests, the cover page is still required to be completed with box "None" in
Section 4 checked.
• THE COMPLETED FORM 700 IS DUE IN THE CITY CLERK'S OFFICE BY 5:00PM, OCTOBER 26, 2015.
Mailing Address: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008.
• Form 700
• Form 700 Reference Pamphlet
Other documents you may use as reference:
• FAQ: Form 700 Disclosure
• Local Gift Fact Sheet
• Resolution Nos. 2012-114 and 2013-237
In addition, when your contract with the City of Carlsbad is completed, the employee(s) that filed the Assuming Office
statement is/are required to file a "Leaving Office" statement, utilizing the same Form 700 and entering the date the
contract ended in the "Leaving Office" date line, and submitting to the City Clerk's Office no later than 30 days following
completion of the agreement.
**Failure to file the Assuming and/or leaving Office statement(s) could result in penalties assessed at $10.00 per day,
not to exceed $100.00, in addition to any other penalties per California Government Section Code 91013.
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If you have any questions or need additional information, please feel free to contact me or the Fair Political Practices
Commission (FPPC} at 1-866-ASK-FPPC (1·-866-275-3772).
Sincerely,
Donna Heraty.
Donna Heraty, CMC
Deputy City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
www .carlsbadca .gov
P: 760-434-2808
F: 760-720-6917
_donna.heraty@carlsbadca.gov
Please consider the environment before printing this e-mail
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