HomeMy WebLinkAboutWELCH, MICHAEL R; 2010-07-28; PWENG773PWENG773
AGREEMENT FOR CONSULTING SERVICES FOR THE
CARLSBAD WATER RECYCLING FACILITY
(MICHAEL R. WELCH)
j^f*
THIS AGREEMENT is made and entered into as of the o? %
day of /O^oc^y , 2010, by and between the CARLSBAD
MUNICIPAL W/J/TER 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 MICHAEL R. WELCH, a sole proprietor, ("Contractor").
RECITALS
A. CMWD requires the professional services of a consulting engineer
that is experienced in waste discharge effluent limits.
B. Contractor has the necessary experience in providing professional
services and advice related to the Carlsbad Water Recycling Facility.
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 one (1) year from the
date first above written.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
General Counsel Approved Version #05.06.08
5. COMPENSATION
The total fee payable for the Services to be performed during the initial
Agreement term will be Nineteen Thousand Four Hundred Forty dollars
($19,440). 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.
General Counsel Approved Version #05.06.08
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-:VN",
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.
General Counsel Approved Version #05.06.08
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.
General Counsel Approved Version #05.06.08
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.
For CMWD: For Contractor:
Name David Ahles Name Michael R. Welch, Ph.D.. P.E.
Title Sr. Civil Engineer Title
Carlsbad Municipal Water District Address 2735 San Clemente Terrace
Address 1635 Faraday Avenue San Diego. CA92122
Carlsbad. CA 92008 Phone No. 8586250167
Phone No. 760 602 2748 E-Mail Address mwelch@san.rr.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.
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,
General Counsel Approved Version #05.06.08
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
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.
General Counsel Approved Version #05.06.08
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 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
General Counsel Approved Version #05.06.08
7
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.
General Counsel Approved Version #05.06.08
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
MICHAEL R. WELCH CONSULTING
ENGINEER, a sole proprietor
By:
CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency
organized under the Municipal Water
Act of 1911, and a Subsidiary District
of the City of Carlsbad
(sign here)
Sole Proprietor/Principal
(print name/title)PrffidentrExecutive Manager
or designee
(e-mail address)
*By:
ATTEST:
(sign here)
(print name/title)LORRArtSjE M
Secretary
(e-mail address)
If required by CMWD, proper notarial acknowledgment of execution by contractor
be attached. If a Corporation. Agreement must be signed by one corporate officer from'''>/i,,nt'^v
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:
RONALD , General Counsel
By:
•Deot General Counsel
General Counsel Approved Version #05.06.08
Michael R. Welch, Ph.D., P.E.
CONSULTING ENGINEER
Office: (858)625-0167
Fax: (858)625-0267
email: mwelchl@san.rr.com
2735 San Clemente Terrace
San Diego, CA 92122-4030
EXHIBIT "A"
June 23, 2010
Mr. David Ahles
Senior Civil Engineer
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Dear David:
Subject:Proposal for Support Services
Report of Waste Discharge for Revision of Recycled Water Effluent Limits
Carlsbad Water Recycling Facility
This letter presents a proposal to assist the City of Carlsbad in seeking revised recycled water
effluent limits for the Carlsbad Water Recycling Facility (CWRF). This proposal is submitted at
your request.
CWRF Recycled Water Iron and Manganese Compliance. California Regional Water
Quality Control Board (Regional Board) Order No. 2001-352 establishes requirements for the
treatment and reuse of CWRF recycled water. Order No. 2001-352 establishes the following
effluent limits for iron and manganese within CWRF recycled water supplies:
Parameter
Iron
Manganese
Effluent Concentration Limit1 (mg/1)
Daily Maximum2
0.4
0.06
30-Day Average3
0.3
-
12-Month Average4
0.3
0.05
1 Effluent concentration limits established within Discharge Specification B.5 of Order No. 2001-352.
2 The daily maximum limit applies to the result from a single composite or grab sample.
3 The 30-day average limit applies to the arithmetic average of all samples collected within a given
calendar month.
4 The 12-month average limit applies to the arithmetic average of all samples collected within any 12-
month period.
Manganese concentrations within the CWRF recycled water periodically exceed these limits. In
July 2009, the Regional Board issued Notice of Violation (NOV) R9-2009-0114 which cited 19
violations of the CWRF manganese limits between August 2008 and April 2009. Additional
CWRF exceedances of the manganese limits have periodically occurred since May 2009.
Proposal for Support Services
Report of Waste Discharge for Revision of Recycled Water Effluent Limits
Carlsbad Water Recycling Facility
June 23, 2010
Page 2
Impacts of Manganese Noncompliance. Manganese effluent concentration limits within Order
No. 2001-352 are implemented to protect the local groundwater quality. The periodic
exceedances of the manganese effluent limits of Order No. 2001-352, however, do not translate
to any discernible impacts to the environment or to groundwater use, as a result of:
• Lack of Local Potable Groundwater Use. The manganese effluent limits of Order No.
2001-352 implement groundwater quality objectives established in the Regional Board's
Water Quality Control Plan for the San Diego Basin (Basin Plan). The Basin Plan
manganese objective is, in turn, based on ensuring compliance with state and federal
secondary (aesthetic) drinking water standards. (The manganese aesthetic standard is
directed toward preventing staining of porcelain plumbing fixtures.) Due limited
groundwater storage and to elevated salinity levels in local groundwaters, however,
drinking water use of groundwater in the Carlsbad area is believed to be almost
nonexistent.
• Limited Role of Recycled Water in Groundwater Recharge. Recycled water use is a
minor component of groundwater recharge in the Carlsbad area. Streamflow infiltration,
precipitation infiltration, and applied water (irrigation) recharge are the dominant sources
of recharge. Because recycled water comprises a small portion of the overall
groundwater recharge, the quality of irrigated recycled water is not much of a factor in
influencing groundwater quality.
• Iron and Manganese as a Micronutrient. Manganese in CWRF recycled water supplies
represent essential micronutrient used by vegetation in the manufacture of chlorophyll
and the absorption of carbon dioxide in the photosynthesis process. Manganese demands
for vegetation may exceed manganese loading rates typical for CWRF recycled water
irrigation operations. As a result of manganese uptake by vegetation, manganese
concentrations in the irrigation supply do not translate to the same concentration being
recharged to groundwater below the irrigation site.
• Natural Sources of Manganese in Groundwater. Manganese naturally occurs in
groundwater as a result of leaching from aquifer sediments and rocks. Manganese
concentrations have historically exceeded Basin Plan groundwater quality objectives in
many coastal areas of northern San Diego County. Concentrations of manganese in the
CWRF recycled water are not believed to materially differ from natural manganese
concentrations in local groundwaters.
Potential Strategies for Achieving Revision of CWRF Effluent Limits. In establishing
effluent limits for recycled water projects, the Regional Board is required to establish effluent
limits to insure that groundwaters comply with applicable Basin Plan groundwater quality
objectives. Two options are available to the City of Carlsbad in seeking revision of CWRF
recycled water effluent limits:
Proposal for Support Services
Report of Waste Discharge for Revision of Recycled Water Effluent Limits
Carlsbad Water Recycling Facility
June 23, 2010
PageS
1. Request that the Regional Board modify or delete the Basin Plan groundwater quality
objective for manganese in the Carlsbad area, or
2. Demonstrate to the Regional Board that modification of existing CWRF recycled water
manganese effluent limits is consistent with maintaining compliance with the existing
Basin Plan manganese groundwater quality objective.
Proposed Approach. The second of the above strategies is preferable both in terms of required
effort and in terms of scheduling. Unlike surface water objectives (which represent federal not-
to-be-exceeded standards), the Regional Board has significant flexibility in implementing Basin
Plan groundwater quality objectives. In establishing effluent limits, the Regional Board can take
into account information provided by the discharger that addresses:
• needs required to protect existing and potential groundwater uses,
• groundwater recharge considerations,
• assimilative capacity of the groundwater basin,
• nutrient uptake considerations,
• existing groundwater quality,
• other regional mass loads,
• natural concentrations in native groundwaters, and
• social and economic issues.
Nutrient demands alone may provide sufficient justification for Regional Board modification of
CWRF effluent manganese limits. As noted above, landscape irrigation nutrient demands may
approach or exceed manganese loading rates typical for recycled water irrigation operations. It
is not uncommon for professional landscapers to seasonally apply fertilizers that contain
manganese. While fertilizer needs may vary depending on vegetation, soil type, and whether or
not grass cuttings and crops are removed, manganese in recycled water supplies can help meet
the nutrient demands of irrigated vegetation.
In regulating manganese in the CWRF effluent, the Regional Board can take into account
assimilative capacity allowances that result from this nutrient uptake. The end result could be
relaxation of manganese effluent limits commensurate with documented manganese uptake
demands of the irrigated vegetation. Under this approach, relaxation of CWRF manganese
effluent concentration limits could occur without the need for complex and time-consuming
Basin Plan modification efforts or salinity management plans. Additionally, because the
approach would (1) not involve additional physical facilities, and (2) comply with existing Basin
Plan water quality objectives and implementation provisions, the approach should not require
review for compliance with the California Environmental Quality Act.
To implement this approach, Carlsbad would need to submit a report of waste discharge to the
Regional Board that:
Proposal for Support Services
Report of Waste Discharge for Revision of Recycled Water Effluent Limits
Carlsbad Water Recycling Facility
June 23, 2010
Page 4
• identifies the requested revisions in CWRF effluent manganese limits,
• presents justification for the requested modified effluent limits, and
• demonstrates to the Regional Board that the proposed revised effluent limits are
consistent with applicable State of California policies and regulations.
Proposed Work Tasks. I propose to assist the City of Carlsbad in developing a report of waste
discharge that requests and supports modification of CWRF effluent manganese limits. The
report of waste discharge should include:
1. a cover letter from the City of Carlsbad explaining the reason for the submittal,
2. State of California Form 200 (state waste discharge requirements application form),
3. required permit application certification statements, and
4. an accompanying technical report that presents the City's justification for the proposed
CWRF effluent revisions and documents how the proposed revisions are in accordance
with applicable State and Regional Board regulations and policies.
To allow Regional Board staff to fully evaluate the requested effluent limit revisions, it is
recommended that the technical report address:
• historic and projected CWRF recycled water concentrations and the need for revised
CWRF effluent limits,
• City of Carlsbad source control efforts,
• probable manganese nutrient demands and uptake for typical Carlsbad area recycled
water operations (e.g. golf courses, parks),
• typical fertilization practices within the CWRF reuse area,
• available data on groundwater use and groundwater quality within the CWRF reuse area,
• how the proposed revision in CWRF effluent limits will affect groundwater quality and
beneficial use within the reuse area,
• consistency of the proposed revised CWRF effluent limits with existing Basin Plan
groundwater quality objectives, and
• consistency of the proposed CWRF effluent limits with the State of California non-
degradation policy.
Attachment A summarizes tasks proposed for developing the report of waste discharge that
requests revision of CWRF recycled water manganese effluent limits. Attachment A also
presents a breakdown of proposed hours and costs for each subtask. Proposed work tasks would
be performed on a time and materials basis under the direction of the City. As shown in
Attachment A, a total time and materials fee of up to $19,440 is proposed for the effort to
prepare the report of waste discharge that requests revision of CWRF effluent manganese limits.
Proposal for Support Services
Report of Waste Discharge for Revision of Recycled Water Effluent Limits
Carlsbad Water Recycling Facility
June 23,2010
Page 5
Insurance Information. My insurance coverage (see below) conforms to City of Carlsbad and
Carlsbad Municipal Water District coverage requirements. I have contacted my insurers and
they are prepared to expedite certificates of insurance listing the required additional insured
parties. I have maintained a City of Carlsbad business license for years, and a copy of my current
business license is attached.
Insurance Coverage
Michael R. Welch, Ph.D., P.E.
Type of Insurance
Errors and Omissions (professional liability)
General Liability
Workman's Compensation
Automobile Liability
Insurance Coverage
Single
Occurrence
$1,000,000
$1,000,000
Not Required1
$1,000,000
Aggregate Limit
$1,000,000
$2,000,000
Not Required1
$1,000,000
Insurer
U.S. Specialty
Travelers
Not applicable
Mercury Casualty
1 Workman's Compensation insurance is not required, as I am a one-person company.
Required Information and Proposed Schedule.
complete the proposed permit application includes:
Information required from the City to
• available influent and effluent water quality data for the CWRF during 2008-2010,
• any available groundwater quality data within the CWRF reuse area, and
• any available maps and schematics (from existing reports or master plans) that show the
CWRF reuse area, treatment operations, and recycled water distribution facilities. (We
can make use of these existing maps and schematics within the report of waste
discharge.)
Proposed Schedule. An initial draft of the CWRF report of waste discharge would be prepared
within 60 days of receipt of the above information and "notice to proceed". The final version of
the report of waste discharge would be developed and submitted to the City within 14 days of
receipt of City comments on the draft report of waste discharge.
Please call me if you have any questions about the proposed effort to revise CWRF effluent
requirements. Thank you for the opportunity to present this proposal.
Sincerely,
Michael R. Welch, Ph.D., P.E.
CONSULTING ENGINEER
Proposal for Support Services
Report of Waste Discharge for Revision of Recycled Water Effluent Limits
Carlsbad Water Recycling Facility
June 23, 2010
Page 6
Attachment A
Breakdown of Estimated Hours and Costs
Report of Waste Discharge Requesting Revision in CWRF Effluent Limits
Task
A. PRE-APPLICATION TASKS
• Initial contacts w/City staff to discuss proposed approach, requested effluent limit
changes, available information, and CWRF treatment and reuse operations. Collect
and review City water quality data, reports and maps.
B. PREPARE DRAFT CWRF REPORT OF WASTE DISCHARGE
• Prepare draft permit forms (State of California Form 200).
• Prepare a draft technical report that supports the proposed revision of CWRF effluent
limits that addresses:
o CWRF treatment and reuse operations.
o CWRF recycled water quality and the need for the revised CWRF effluent limits.
o Available data on groundwater quality in CWRF recycled water use areas.
o Typical micronutrient demands of landscape irrigation, fertilization needs, and
groundwater quality effects.
o How revision in CWRF effluent limits will affect recycled water mass emissions of
manganese and compliance with Basin Plan groundwater quality objectives.
o "Assimilative capacity" issues associated with the requested modified effluent
manganese limits.
o How the revised CWRF effluent limits will be consistent with groundwater quality
objectives established in the Basin Plan.
o How the proposed limits would comply with the State of California non-
degradation policy.
• Prepare the above technical report and present the above information in the form of a
report of waste discharge. Review and edit draft version. Transmit the draft report to
the City for review in "pdf ' format.
C. PREPARE AND SUBMIT FINAL REPORT OF WASTE DISCHARGE
• Review City comments on the draft application. Follow-up contacts with City staff to
review City comments and discuss requested changes in CWRF effluent limits.
• Revise the draft permit application documents per City comments. Review and edit the
final version. Provide the City with a "pdf electronic version of the report of waste
discharge and four printed copies.
• Provide the City with an electronic version of a recommended draft transmittal letter
for review and printing on City stationery.
D. POST-APPLICATION TASKS
• Review Regional Board comments on the submitted application. Provide up to 8 hours
of as-needed services to assist the City to prepare additional data or analyses requested
by the Regional Board or to resolve issues raised by Regional Board staff.
• Follow-up contacts with City and Regional Board staff to address outstanding issues,
and assist the City in reviewing and commenting on the tentative discharge permit and
monitoring program proposed by the Regional Board staff. Attend the Regional Board
meeting at which the Regional Board considers the proposed permit revisions, and
assist the City in the discharger presentation, if required.
Mileage (included as part of billing rate overhead)
Direct Expenses (included as part of billing rate overhead)
TOTAL - Report of Waste Discharge to Request Revision of CWRF Effluent Limits
Hours
4
100
16
24
—
—
144
Cost
$540
13,500
2,160
3,240
No charge
No charge
$19,440