HomeMy WebLinkAbout1999-04-13; Municipal Water District; 441; Encina Basin Water Reclamation Program Phase IICARLSBAD MUNICIPAL WATER-DISTRICT -AGENDA BILL&l/~
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MTG. 4-13-99
DEPT. CMWD
TITLE- APPROVAL OF CONTRACTS WITH BLACK
&VEATCH AND JOHN POWELL is ASSOCIATES AND
APPROPRIATION OF FUNDS TO PREPARE PRELIMINARY
DESIGN REPORTS ON THE ENCINA BASIN WATER
RECLAMATION PROGRAM, PHASE II PROJECT,
CMWD 98-301
CITY MGR.+??
RECOMMENDED ACTION:
Adopt Resolution No. /Odf for approval of contracts with Black & Veatch and John Powell &
Associates and appropriation of funds to prepare Preliminary Design Reports on the Encina Basin
Water Reclamation Program, Phase II Project, CMWD 98-301.
ITEM EXPLANATION:
The Encina Basin Water Reclamation Program, Phase II Project, was originally developed in the
Water Reclamation Plan adopted in 1991. In 1997 the Phase II project was reviewed in the
Recycled Water Master Plan Update from an analysis of ten alternatives The Phase II project is
part of a five phase program to supply up to 20 mgd of recycled water within Carlsbad. The Phase I treatment facilities were completed in 1994 with an average day capacity of 2.75 mgd. The Phase II
project will increase the capacity to 8 mgd by developing the following:
l Constructing a new 4.25 mgd recycled water facility on the parcel of land south of the
Encina Water Pollution Control Facility. (This will be referred to as the Carlsbad Advanced
Water Reclamation Facility.)
l Expanding the Meadowlark Water Reclamation Plant by an additional 1 .O mgd.
l Improving the existing 54 MG Mahr Reservoir to make it suitable for storing recycled water. (A detailed study will also be performed to investigate converting the 170 MG Lake
Calavera to seasonal recycled water storage.)
l Constructing approximately 74,000-feet of pipelines to deliver the recycled water from the
treatment facilities to the irrigation and industrial use customers.
l Constructing new Booster Pumping Stations
The initial work in developing the Phase II project is to prepare preliminary design reports on the
proposed facilities. A “Request for Proposals” were issued in December, 1998, to prepare the
preliminary design reports. The proposals were divided into two separate areas of responsibility.
The first area included the new Carlsbad Advanced Water Reclamation Facility and the expansion
of the Meadowlark Water Reclamation Facility. The other area included the pipelines, booster
pumping stations and reservoirs.
During the selection process a committee reviewed the written proposals received, and the oral
presentations made by each firm. The following firms were reviewed:
Treatment Facilities: Pipelines, Reservoirs. Pumpina Stations: Montgomery Watson Engineers CGvL Engineers
Carollo Engineers John Powell & Associates Black & Veatch ASL Consulting Engineers
Dudek & Associates
Enartec
Robert Bein, William Frost & Associates
Page 2 of Agenda Bill No. 441
Based on findings from the committee, the firm of Black & Veatch was recommended for the
treatment facilities and the firm of John Powell & Associates was recommended for the pipelines,
reservoirs and pumping stations.
FISCAL IMPACT:
The proposed budget for the preliminary design reports are as follows:
Black & Veatch:
Contingencies
$277,316
John Powell & Associates:
Contingencies
TOTAL BUDGET $520,000
It is recommended that $520,000 be appropriated from the Fiscal Year 1998199 Water Capital
Replacement Fund to prepare these preliminary design reports.
The overall project is estimated at approximately $ 30 million. Staff will provide a recommendation on
an overall project funding program to the Board in subsequent months. The funding programs being
pursued include loans and grants. Loan programs include the State Revolving Low Interest Loan
Program through the State Water Resources Control Board and the Water Reuse Organization, and
public financing through certificates of participation and general obligation bond funds. Grants or
rebates include the Bureau of Reclamation’s Title 16 program which has been authorized, and
Metropolitan Water District’s Local Resources Program for recycled water which has received
preliminary approval for Phase II. Payment of any loans obtained will be made through the sales of
recycled water to the recycled water customers.
ENVIRONMENTAL REVIEW:
The Preliminary Design Reports are exempt from environmental review in conformance with CEQA
Guidelines Section No.1 5262 Feasibility and Planning Studies.
EXHIBITS:
1. Professional Services Agreement between Black & Veatch and the Carlsbad Municipal Water
District.
2. Professional Services Agreement between John Powell & Associates and the Carlsbad Municipal
Water District.
3. Resolution No. /O‘?q for approval of the contracts with Black & Veatch and John Powell &
Associates and appropriation of funds to prepare Preliminary Design Reports on the Encina Basin
Water Reclamation Program, Phase II.
R.\CMVvD\Engineering\BILL\98-301 AB Encina Ban Design.doc
AGREEMENT
THIS AGREEMENT is made and entered into as of the 11 th
day Of May I 19,,2 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, hereinafter referred to as “District” and
BLACK & VEATCH CORPORATION, a Delaware corporation, hereinafter referred to as
“Contractor.”
RECITALS
District requires the services of an enaineerinq Contractor to provide the
necessary enaineerinq desian services for preparation of preliminarv desian reports for
the new Carlsbad Water Reclamation Facilitv and expansion of the Meadowlark Water
Reclamation Facilitv. CMWD Proiect No. 98-301; and Contractor possesses the
necessary skills and qualifications to provide the services required by District;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, District and Contractor agree as follows:
1. CONTRACTOR’S OBLIGATIONS
Refer to Exhibit “A”, attached hereto and made a part hereof.
Rev. 08/17198
2. DISTRICT OBLIGATIONS
A. The District shall provide all available master plan reports.
B. Make operations and engineering staff available.
C. Provide any plans and specifications of the Encina WRP and Meadowlark
WRP.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (10) days after receipt of
notification to proceed by the District and be completed within three hundred sixtv-five
L3651 [we&n&calendar] days of that date. Extensions of time may be granted if
requested by the Contractor and agreed to in writing by the District Enaineer. The
District Enaineer will give allowance for documented and substantiated unforeseeable
and unavoidable delays not caused by a lack of foresight on the part of the Contractor,
or delays caused by District inaction or other agencies’ lack of timely action.
4. FEES TO BE PAID TO CONTRACTOR
The total fee payable for the services to be performed shall be $277.316. No
other compensation for services will be allowed except those items covered by
supplemental agreements per Paragraph 8, ‘Changes in Work.” The District reserves
the right to withhold a ten percent (10%) retention until the project has been accepted
by the District.
Incremental payments, if applicable, should be made as outlined in attached
Exhibit “A.”
Rev. 08/17/98
5. DURATION OF CONTRACT
This agreement shall extend for a period of one (1) Year from date thereof. The
contract may be extended by the Executive Manager for one (1) additional one (1) year
periods or parts thereof, based upon a review of satisfactory performance and the
District’s needs. The parties shall prepare extensions in writing indicating effective date
and length of the extended contract.
6. PAYMENT OF FEES
Payment of approved items on the invoice shall be mailed to the Contractor
within 30 days of receipt of the invoice.
7. FINAL SUBMISSIONS
W&in seven (7) days of completion and approval of the District Enaineer the
Contractor shall deliver to the District the following items: ,
Five copies of the final Preliminary Design Report for new Carlsbad Water
Reclamation Facility and the Meadowlark Water Reclamation Facility.
0. CHANGES IN WORK
If in the course of the contract, changes seen merited by the Contractor or the
District, and informal consultations with the other party indicate that a change in the
conditions of the contract is warranted, the Contractor or the District may request a
change in contract. Such changes shall be processed by the District in the following
manner: A letter outlining the required changes shall be forwarded to the District by
Contractor to inform them of the proposed changes along with a statement of estimated
changes in charges or time schedule. A Standard Amendment to Agreement shall be
Rev. 08/17/98
prepared by the District and approved by the District according to the procedures
described in Carlsbad Municipal Code Section 3.28.172. Such Amendment to
Agreement shall not render ineffective or invalidate unaffected portions of the
agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained any
company or person, other than a bona fide employee working for the 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 of making of this agreement. For breach or violation of this warranty,
the District shall 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 such fee, commission, percentage, brokerage fees, gift, or contingent
fee.
10. NONDISCRIMINATION CLAUSE
The Contractor shall comply with the state and federal laws regarding
nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Contractor’s failure to prosecute, deliver, or perform the work
as provided for in this contract, the Executive Manager may terminate this contract for
nonperformance by notifying the Contractor by certified mail of the termination of the
Contractor. The Contractor, thereupon, has five (5) working days to deliver said
Rev. 08/l 7l98
documents owned by the District and all work in progress to the District Engineer. The
District Engineer shall make a determination of fact based upon the documents
delivered to District of the percentage of work which the Contractor has performed
which is usable and of worth to the District in having the contract completed. Based
upon that finding as reported to the Executive Manager, the Manager shall determine
the final payment of the contract. .
This agreement may be terminated by either party upon tendering thirty (30)
days written notice to the other party. In the event of such suspension or termination,
upon request of the District, the Contractor shall assemble the work product and put
same in order for filing and closing and deliver said product to District. In the event of
termination, the Contractor shall be paid for work performed to the termination date;
however, the total shall not exceed the lump sum fee payable under paragraph 4. The
Executive Manager shall make the final determination as to the portions of tasks
completed and the compensation to be made.
12. CLAIMS AND LAWSUITS
The Contractor agrees that any contract claim submitted to the District
must be asserted as part of the contract process as set forth in this agreement and not
in anticipation of litigation or in conjunction with litigation. The Contractor acknowledges
that if a false claim is submitted to the District, it may be considered fraud and the
Contractor may be subject to criminal prosecution. The Contractor acknowledges that
California Government Codes sections 12650 et seq., the False Claims Act, 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
Rev. 08/17/98
information or in reckless disregard of the truth or falsity of information. If the Carlsbad
Municipal Water District seeks to recover penalties pursuant to the False Claims Act, it
is entitled to recover its litigation costs, including attorney’s fees. The Contractor
acknowledges that the filing of a false claim may subject the Contractor to an
administrative debarment proceeding wherein the Contractor may be prevented to act
as a Contractor on any public work or improvement for a period of up to five years. The
Contractor acknowledges debarment by another jurisdiction is grounds for the Board of
Directors to disqualify the Contractor from the selection process.
The provisions of Carl&d Municipal Code sections 3.32.025, 3.32.026,
3.32027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
J= initial
13. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor’s own
way as an independent Contractor and in pursuit of Contractor’s independent calling,
and not as an employee of the District Contractor shall be under control of the District
only as to the result to be accomplished, but shall consult with the District as provided
for in request for proposal. The persons used by the Contractor to provide services
under this agreement shall not be considered employees of the District for any
purposes whatsoever.
The Contractor is an independent Contractor of the District. The payment made
to the Contractor pursuant to the contract shall be the full and complete compensation
Rev. 08117l98
. .
.
to which the Contractor is entitled. The District shall not make any federal or state tax
withholding on behalf of the Contractor or its employees or subcontractors. The District
shall not be required to pay any workers’ compensation insurance or unemployment
contributions on behalf of the Contractor or its employees or subcontractors. The
Contractor agrees to indemnify the District and the City of Carlsbad within 30 days for
any tax, retirement contribution, social security, overtime payment, unemployment
payment or workers’ compensation payment which the District and the City of Cadsbad
may be required to make on behalf of the Contractor or any employee or subcontractor
of the Contractor for work done under this agreement or such indemnification amount
may be deducted by the District and the City of Carlsbad from any balance owing to the
Contractor.
The Contractor shall be aware of the requirements of the Immigration Reform
and Control Act of 1986 and shall comply with those requirements, including, but not
limited to, verifying the eligibility for employment of all agents, employees,
subcontractors and Consultants that are included in this agreement.
14. CONFORMITY TO LEGAL REQUIREMENTS
The Contractor shall cause all drawings and specifications to conform to all
applicable requirements of law: federal, state and local. Contractor shall provide all
necessary supporting documents, to be filed with any agencies whose approval is
necessary.
The District will provide copies of the approved plans to any other agencies.
Rev. 08117198
15. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications as herein
required are the property of the District, whether the work for which they are made be
executed or not. In the event this contract is terminated, all documents, plans,
specifications, drawings, reports, and studies shall be delivered forthwith to the District.
Contractor shall have the right to make one (1) copy of the plans for its records.
16. REPRODUCTION RIGHTS
The Contractor agrees that all copyrights which arise from creation of the work
pursuant to this contract shall be vested in District and hereby agrees to relinquish all
claims to such copyrights in favor of District.
17. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the District and the Cii of
Cartsbad and its officers, officials, employees and volunteers from any and against all
claims, damages, losses and expenses including attorney fees arising out of the
performance of the work described herein caused in whole or in part by any willful
misconduct or negligent act or omission 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.
18. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any monies
due thereunder without the prior written consent of the District.
Rev. 08/l 7198
.
19. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be performed under this
contract by the Contractor, Contractor shall be fully responsible the District 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 or indirectly employed by Contractor. Nothing contained in this
contract shall create any contractual relationship between any subcontractor of
Contractor and the Distrid. The Contractor shall bind every subcontractor and every
subcontractor of a subcontractor by the terms of this contract applicable to Contractor’s
work unless specifically noted to the contrary in the subcontract in question approved in
writing by the District.
20. PROHIBITED INTEREST
No official of the District who is authorized in such capacity on behalf of the
District to negotiate, make, accept, or approve, or take part in negotiating, making,
accepting, or approving of this agreement, shall become directly or indirectly interested
personally in this contract or in any part thereof. No officer or employee of the District
who is author&d in such capacity and on behalf of the District to exercise any
executive, supervisory, or similar functions in connection with the performance of this
contract shall become directly or indirectly interested personally in this contract or any
part thereof.
21. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the
District, either before, during or after the execution of this contract, shall affect or modify
Rev. 08/17/98
any of the terms or obligations herein contained nor entitle the Contractor to any
additional payment whatsoever under the terms of this contract.
22. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 17, ‘Hold Harmless Agreement,” all
terms, conditions, and provisions hereof shall inure to and shall bind each of the parties
hereto, and each of their respective heirs, executors, administrators, successors, and
assigns.
23. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written
above.
24. CONFLICT OF INTEREST
The District has determined, using the guidelines of the Political Reform Act and
the District’s conflict of interest code, that the Contractor will not be required to file a
conflict of interest statement as a requirement of this agreement. However, Contractor
hereby acknowledges that Contractor has the legal responsibility for complying with the
Political Reform Act and nothing in this agreement releases Contractor from this
responsibility.
25. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract 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 work
hereunder by the Contractor, his agents, representatives, employees or subcontractors.
Said insurance shall be obtained from an insurance carrier admitted and authorized to
10 Rev. 08/l 7/98
.
do business in the State of California. The insurance carrier is required to have a
current Best’s Key Rating of not less that ‘IA-Y and shall meet the District’s policy for
insurance as stated in Resolution No. 772.
A. Coveraoes and Limits
Contractor shall maintain the types of coverages and minimum limits
indicated herein, unless a lower amount is approved by the General Counsel or
Executive Manager.
1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits shall apply
separately to the work under this contract or the general aggregate shall be twice the
required per occurrence limit.
2. Automobile Liability (ii the use of an automobile is invoked for
Contractor’s work for the District). $l,OOO,OOO combined single-limit per accident for
bodily injury and property damage.
3. Worker’s Compensation and Employer’s Liability. Worker’s
Compensation limits as required by the Labor Code of the State of California and
Employer’s Liability limits of $1 ,OOO,OOO per accident for bodily injury.
4. Professional Liability. Errors and omissions liability appropriate to
the contractor’s profession with limits of not less than $1 .OOO,OOO per claim. Coverage
shall be maintained for a period of five years following the date of completion of the
work.
11 Rev. 08117198
. -
B. Additional Provisions
Contractor shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the following provisions.
1. The District and the City of Carisbad shall be named as an
additional insured on all policies excluding Workers’ Compensation and Professional
Liability.
2. The Contractor shall furnish certificates of insurance to the District
before commencement of work.
3. The Contractor shall obtain occurrence coverage, excluding
Professional Liability which shall be written as claims-made coverage.
4. This insurance shall be in force during the life of the agreement and
any extension thereof and shall not be canceled without 30 days prior written notice to
the District sent by certified mail.
5. If the Contractor fails to maintain any of the insurance coverages
required herein, then the District will have the option to dedare the Contractor in
breach, or may purchase replacement insurance or pay the premiums that are due on
existing policies in order that the required coverages may be maintained. The
Contractor is responsible for any payments made by the District to obtain and maintain
such insurance and the District may collect the same from the Contractor or deduct the
amount paid from any sums due the Contractor under this agreement.
12 Rev. 08/17/98
. .
i
26. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or the receive
written notice on behalf of the District and on behalf of the Contractor in connection with
the foregoing are as follows:
For District:
For Contractor:
Tiie William E. Plummer, District Engineer
Name Car&bad Municipal Water District
Address 5950 El Camino Real
Carlsbad, California 92008
Title James H. Clark, Vice President
Name Black & Veatch Corporation
Address 6 Venture, Suite 315
h-vine, California 92618
Architect/License Number: C 31200
Architect/License Number:
27. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Cartsbad Business License for the
duration of the contract.
20. ENTIRE AGREEMENT
This agreement together with any other written document referred to or
contemplated herein, embody the entire agreement and understanding between the
parties relating to the subject matter hereof. Neither this agreement nor any provision
13 Rev. 08/l 7198
hereof may be amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
Executed by Contractor this day of
CONTRACTOR:
BLACK & VEATCH CORPORATION,
a Delaware corporation
(name of contractor)
By:
(s@-r here)
JAMES H. CLARK, Vice President
(print name/title)
Bv:
(sign here)
(print name/title
CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized
under the Municipal Water Act of 1911,
or designee
ATTEST:
Secretary u
KAREN R. KUNDTZ, Assistant Secretary
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one
officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary
under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM
RONALD R. BALL
/4esi&nt Genq;$;;nsel
CMWD 98-301
14 Rev. 08/l 7198
4
-STATE OF CALIFORNIA
On before me, m 19 12/ubh )tm f?G 3 1 zri q 9 NAMEANDlllLE OFFICER
personally appeared ME(S) OF SIGNER(S)
d Personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
hslherltheir authorized capacity(ies). and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
(This ares for official notary seal.)
Tie or Type of Document fee-
Date of Document ?i 8 T’ss
Signer(s) other than named above
No. of Pages 14 &A% 3 y 5 A *h&Pi-+
CMWD 98301
06/l 4195 Rev.
EXHIBIT “A”
SCOPE OF SERVICES
This section includes a detailed scope of work for the preliminary design of the
Carlsbad Water Reclamation Facility and the Meadowlark Water Reclamation Facility
expansion.
Supolemental Task Items
Task A:
Task B:
Task C:
Task D:
Task E:
Task F:
Attend up to two additional support meetings to assist with CEQA issues.
Accompany the District on three inspection trips, two locally and one in
Scot&dale, AZ., to inspect operating water reclamation facilities.
Accompany the District on one trip to the SWRCB in Sacramento to discuss
revolving loan fund issues.
Accompany the District on one trip to the Bureau of Reclamation to discuss
Title 16 funding issues.
Review the Encina WPCF proposed equalization basin operation to
determine if effluent TDS could be minimized.
Prepare a third site layout for locating facilities to the west of the Encina
WPCF secondary clarifiers.
Carlsbad Water Reclamation Facility
1.
2.
3.
4.
5.
6.
7.
8.
Attend initial meeting with CMWD to review objectives, define lines of
communication, and obtain relevant infomration.
Conduct eight review meeting with CMWD staff during the study period.
Conduct workshop with CMWD, EWA, and other appropriate stakeholders to
identify issues and establish project direction.
Review design criteria for the existing Encina, WPCF, previous studies and
reports.
Evaluate a minimum of six alternative filtration and membrane treatment methods
and scenarios to achieve Title 22 unrestricted nonpotable reuse quality reclaimed
water with a TDS of fess than 1,000 mg/L. Reliability issues will be addressed.
Evaluate alternative methods of disinfection, including UV, gaseous chlorine,
purchased sodium hypochlorite, and on-site generation of hypochlorite solution.
Prepare preliminary design of a reclaimed water pump station.
Identify facilities required at the Encina WPCF for various Carlsbad WRF
treatment scenarios. These facilities may include a secondary effluent pumping
station and in-basin microfiltration facilities (ZeeWeed”).
1
. - .
9. Develop capital and operating costs for each process train and facility, and provide
a matrix of cost versus reliability and other non-cost issues for review.
10. Prepare site layouts for two alternatives selected by CMWD. The layouts must
include equipment and facilities to accommodate a 16 mgd total capacity and an
area for future seawater desalting.
11. Develop two preliminary architectural concepts that conform to City Planning
Department requirements.
12. Develop two preliminary landscape concepts that conform to City Planning
Department requirements.
13. Identify permit requirements.
14. Conduct workshop to review preliminary recommendations.
15. Prepare draft and final project reports.
16. Coordinate with CMWD environmental consultant.
17. Present study information and results to CMWD and City Planning Commission.
18. Optional task - if desired, accompany CMWD staff to inspect operating MF/RO
facilities.
Meadowlark Water Reclamation Facility
1. Attend initial meeting with CMWD to review objectives, define lines of
communication, and obtain relevant information.
2. Conduct four review meetings with CMWD staff during study period.
3. Conduct a workshop with CMWD, WVD, and other stakeholders to identify issues
and establish project direction.
4. Evaluate MWRF operating data and develop summary of current operating
conditions, induding flow rates, infiuent and effluent quality, recycled water
delivery and discharge to Encina.
5. Identify recyded water delivery requirements over 12 month period for three mgd
recycled water concept.
6. Evaluate the MWRF tributary area flows and develop schedule of projected flows
tributary to MWRF from 2000 through 2010. Identify required flow diversion form
Lift Station No. 1 to accommodate required recycled water production during the
2000 to 2010 period.
7. Identify Lit Station No. 1 improvements required to provide the diversion flows
identified in Task 6. Include consideration of peak storage facilities planned by VWD and existing bioxide discharge.
8. Evaluate conveyance facilities extending from Lift Station No. 1 to MWRF and identify required upgrades. Consider planned VWD conveyance upgrades.
2
. .
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
Identify and evaluate three alternative process trains. The selected alternatives
shall each be capable of meeting discharge requirements based on experience at
similar facilities. The existing process train will be includes as one of the
alternatives.
Develop capital and operating cost for each process train and identify the apparent
best alternative based on a lowest present worth cost analysis.
Develop solids balance for the apparent best alternative and determine estimated
increased discharge to Encina. Evaluate impacts to current VWD solids discharge
agreement with Encina Wastewater Authority.
Identify improvements needed to accommodate the planned expansion including
other unit processes, site work, electrical, instrumentation and odor system
upgrades.
Prepare a site plan for the apparent best alternative.
Identify permit requirements.
Conduct workshop to review preliminary requirements.
Prepare draft and final project reports.
Coordinate with CWMD environmental consultant.
Present study information and results to CMWD and VWD Board of Directors.
3
BLACK & VEATCH
6UO Ward Parkway
PO Box8405
Kamas Cily, Mismm 64114 USA
Bl8Ck 8 Vertch corpor8tlon
Tel: I9131 4woaJ
CERTIFICATE OF INCUMBENCY
I, S. K. Sloan, Vice President and Assistant Secretary of Black & Veatch Corporation, a Delaware corporation (We Corporation”), certify that:
D. G. Argo is a Senior Vice President, and J. H. Clark is a Vice President of the
corporation;
In their official capacities, D. G. Argo and J. H. Clark are granted authority to
sign documents on behalf of the corporation; and
The authority given to D. G. Argo and J. H. Clark to sign documents on behalf of
the corporation continues to be active and has never been revoked nor rescinded.
IN WITNESS WHEREOF, I have hereunto set my hand this g day of March, 1999.
STATE OF KANSAS 1
S. K. Sloan, Vice President
And Assistant Secretary
1 ss
COUNTY OF JOHNSON )
. Subscribed and sworn to before me this 3J day of March, 1999. _-
Notary l$$lic
thr imagine-build company-
CITY OF CARLSBAD - MINIMUM LICENSE
mo cmseAo VILLAGE DA. - wm6AJlcA 92009 APPLICATION FOR BUSINESS LICEhk IS $30.00
(619) 434-2882 (fee schedule on reverse)
BlPcr < ihbfb=~
PLEASE CHECK THIS BOX IF
BUSINESS NAME HOME BASE0 BUSINESS 0
BUSINESS ADDRESS c VduM 315
(No. P.O. Boxes) -0
k4- &WC Ck. ---- 9zz5 --.- CicVt (Slate) m cock91
MAIUNGADDRESS - -.
(if dttkmrll) W-d (Slreel) --- (Suite No.)
(St&) mP -1
BUSINESS PHONE EMERGENCY PHONE1 )
NPE OF OAGANIZATKIN: ;ctmcmna~ DATE BUSINESS STARTED IN CARLSBAD: 3 / =L / Q 7
SOLE PROPRIETORSHIP PARTNERSHIP CORPORATION x
APPUCANT NAME/ADDRESS (OWNER: IF PMITNEFISHIPCOFIP. GIVE NAMES OF PARTNERS OR CORP. OFFMXRS)
TWEOFBUSINESS &5V&hCi Etiq/fl*Jtif
(PLEASE BE SPEdFIC) J
PROVIDE THE FOLLOWING WHERE
STATE SALES TAX NUMBER FEDERAL TAX LO. NUMBER
CA DRIVERS LICENSE
SOCIAL SECURITY NUMBER
STATE CONTRACTOR STATE EMPLOYER NUMBER
LICENSE NUMBER IOENTtFlCATlON NUMBER
GROSS ,ECE,PTS&i&%; a9 i ‘\’ FLAT FEE LI
Gfmss RECEIPTS
TAX RATE (per each $1000)
SUB TOTAL
BASEFEE
ALTRUCKS83’SEA
CENSE
23
ME CHECKS PAYABLE To: CITY OF CARLSBAO AND RETURN Wll-H APPLICATION
\
2d OAYOF~ ,19 2, I. EXN;UTEOTHIS a\9 G.
(PIid M nam&J
DECLARE UNDER &TY OF -t&AT THE:::EGOING Is TRUE AND CORRECT. I
22 SC&L,: / vtccc ~+;)rc c* E f
SIGNATURE TllLE
OFFICE USE ONLY
lkmset
Date Issued
Expiration Date
SIC Ir
Ordinance
Rsstrih-m4
Certificate of lnsurdnce
‘, Tills ckinrK-.4n 15 15v 1.1) AS A 5btrt1 K (whtc IHMATIC~; os~y AND c0wws w RutiP c n>s iOl;-THE CERnrKArE #IoLDER nils ctxnkw~~~ IS ~01
AN tN?WRAN<‘t IWLK-Y AND DOES NOT Ah! F XTEND. OR ALTER THE COVERAGE AFIQRDFD 8-1 ME X5 IlSiTD IKUIW.
This Is to certify that .r BLACK i VEATCH CORPORATION 1 Attn: Jim Clark Name and
P 0 BOX 8405 +-- address of
KANSAS CITY MO 64114 Insured.
L- k l t the &W dale d his cenifrcefa hsured by the Canpuy undp 8~ poiky(ii) bted below. OOfWbns and is not altared by any reqwemenl. term wcon6lmn 64 uly ccntnd of other dccummt with mspecl lo rut& Utis cem$kZ. b3 * hi’ ‘rmr’ czdusions
The insuranca aflo:zed ty UIO k!ed
.
TYPE OF POLICY
WORKERS COMPENSATION 1 l/1/99
GENERAL LIABILITY 1 l/1/99
q OCCURRENCE
q cuuMsMADE
UTOMOBILE LIABILITY I 1 l/1/99
q OWNED
q NONQWNED
El HIRED
mER
DmloNAccoMMpcrs B&V Proposal # 90248.233
POLICY NUMBER
WA2-64D-O04177-288
wC2-641-004177-038
RG2-641-004177-048
COVERAGE
INCLUDES:
CONTRACTUAL
LIABILITY, BROAD
FORM PROPERM
DAMAGE, PRODUCTS/ COMPLETED
OPERATIONS, XCU
AS2-841-004177-028
LIMIT OF LJABIUTY i
COVERAGE AFFORDED UNDER WC LAW ff THE FOLLOWUQ STATES:
ALAK.AZ.CA,CO,CT,
DC,FL,G4M1A.JLIN.
KS, KY, LA, Mk MD, MI,
, -.--...
ily Injury By Dkeaee
~~~%czE@“* lp!g&+J
General Aggregate - Dther than ProducWdom& Operations
s2,ooo.ooo 1
&ducts/Completed Operations Aggregate I
$1 ,ooo,ooo I
Sodily tnjury and Properly Damage L&biily D-. i
$1 ,ooo.ooo iiG&Tmco
Personal Injury
$1 ,ooo,ooo
olher
PerPerson/ j OlQanization f I
I
$1 .ooo,ooo Each Accident - Single Limit B.I. and P.D. Combined
Each Person !
Each Accident or Dccunence(
Each Accident or Occurrence
Upon award of contract, the District and the City of Carlsbad will be included as an
additional insured onthe General Liability and Automobile Liability Policies.
I tW, Certi!icate expiration date is ~~0~s or exIended term. you rvin be notified if coverage is temGna!ed 01 reduced &fun, Iha cerldcate eltpiration dale. ‘Eau NoncE~IIo: ANY PERSON w-to. WITH WENT To DEFRAU) OFI lwow WT HE IS saurmffi A ‘AJCATION WRLE.SACWHOOHT~~B?G AFUSEOR-
!PomANrNonceTGFLoRlDA
STATEbENT lSGULTYOfWS~fRUR~~~~~~~~~~~
-lDERsANDcERnfcAlEHowERs: ~neSaEfnmcATEfoRANYRWOHPLEASEcoNTmYolmLocAAsuESPROWCER gg&ymwD~Rof~~TE TXE
IN THE EVENT YOV~s~flfOU~DSll LFWMATION
-TELocALSALESOFFKEhWUNGADoREsf lUYlnER IspuRs "!!iberty Mutual Group MAYAiSO8EoBTAI1sED8YC.ALLWG &?g-&fgynQ= (Nor AUUCAWElWLES8ANLMBEROfM~lS REmxETllElNsuRAwx EhTEREO BELOW.1 HFORDED-TNABoyEwUaESWTlLATlL4ST r Carlsbad Municipal Water District 4iii-l
5950 El Camino Real A-11
5iziFiF Carlsbad, CA 92008 AUTNORQED REPRESENTA3VE
Overland Park, KS 913-648-5900 3-3-W
l- I OFFICE PHONE NUMBER DATE ISSUED
T!w cw-tiiicatz ii c~~~~-~::*l l-1 I IBER” L I \RX.+L GROCT IS respects such insurance 3s is aifrd4 by.- Thorz ~-??rp~~ BCYL R:
ACOR& CERTIFICCLTE OF LIABILITY INSURPICE ---.--- 71
Lockton Companies P.O. Box 419351 Kansas City Ho 64141.6351 (913) 676.9000
ERTIFICATe IS ISSUED AS A MAlTER OF lNFORMATlON ONLY -NY bvr II*‘- ““YFERS NO RIGHTS UPON THE CERTlFlCATE HOLDER. THIS C :ERTIFICAlE DDES~ NOT AMEND, WEND OR ‘ERAGE AFFORDED BY THE POUCIES SELOW.
INSURERS AFFORDING COVERAGE I I - 15217 BLACK 6 VEATCHCDRPDRATION INSURERA: ZURICH INSMUWCE COMPANY tYC* ,dCD 1. lNle "BERN PLAZA, NY.NY 10006) P oBoxB405 KANSAS CITY II0 64114
I At tn: Jim Clark
THE f’OLlClE9 OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTAMDING ANY REOUREMENT. TERM OR CONDlTlON OF ANY CONTRACT OR OTHER DOCUMENT WlTH RESPECT TO WHICH THIS CERTIFICATE MAY BE lSSUED OR MAY pERTAW’4. THE lNSURANCE AFFORDED BY THE POLICIES DESCRlBED HEREIN IS SUKIECT TO AU. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH f’aJCIE9. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REOUCED BY PAID CLAIMS.
Poucr NUMSER POLICY EFFECTfVZ
NOT APPLICABLE
A-ATE WIT APPLIES PER:
POUCY uPlRAnom LwlrE
EACH OCCURRENCE 18 xxxxxxxxxx
FIRE DAMAGE IAw m trd 8 xxxxxxxxxx
MEOEXP~WPUSWd 8 xxxxxxxXXX
PERSONAL (L AOV INJURV * xxxxxxxxxx
GENERAL AGGFtEGATE * xxxxxxxxxx
I
FROOUCTS - CoMP/oP AGG 0 xxxxmxx
NLDwNEDAuTGs
ScHBlLlLEo AUYDS
HIRED AUTOS
NOKOWNEO NJTGS
CIAIHS MAOE
COVERAGES 23C
I
B OF OPERAT~ONSAOCA~~ONSNE
NOT APPLICABLE
NOT APPLICABLE
NOT APPLICABLE
B&V Proposal # 90248.233
NOT APPLICABLE
EOC-8078200-04 11/01/98
:LES/EXCWSlONS AOOEO 111 ENOORSEMENTISF’EClAl PROVISION
I
i * xxxxxxxxxxx
AUTO ONLY - EA ACCIOENT i 8
OTHER l-MAN EAACCi8
AUTO ONLY: .C& I 1
EACH OCCURRENCE 18 xxixxxxxxxx
AGGREGATE I * xxxxxxxxxxx
!C
WC STATU OlU
EL EACH ACCIOENT I* xxxxxxxxxxx
LL DISEASE - EA EMROVE i # -XXX
E.L osWE - POLICY UMIT ! 0 xxxxxxxxXXX
$1.000.000. Em UAIH AND 11/01/99 IN THE ANNUAL AGGREGATE FORALL PROJECTS
CERciFlCAlE HOLDER AOOITIONN WSURED: INSURER m
349464
Carlsbad Municipal Water District 5950 El Camino Rest
Carlsbad, CA .92008
I
ACORO 25-S (7/97l
CANCELLATION
SHOW.0 AHY OF THE ASOVE OESCRISEO POLJCIES SE CANCEUB SEFGRE THE EXFKATlON
OAYE THEREGF. THE ISSUING INSURW WlU ENOF4VOR TO MM - 30 OAYSNPJITEN
~TICETO~CWIlFlWrrH~IUMU)TOTHE~.RnFM~TOWSO~
UPGSE NO GSIJGATION OR UASIUTV GP ANV KIN0 UPON THE CLfllRBL ITS UiQm OR
REPRESENTATIVES.
AUlHORlZEOREPRESBTT*fM
CORPORATION I 988
AGREEMENT
THIS AGREEMENT is made and entered into as of the 11 th
day of May , lg.,% 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, hereinafter referred to as “District” and JOHN
POWELL & ASSOCIATES, a California corporation, hereinafter referred to as
“Contractor.”
RECITALS
District requires the services of an enaineerinq Contractor to provide the
necessary enaineerino desian services for preparation of a preliminarv desion reoorts
for oioelines. reservoirs, and oumpina stations for the new Carlsbad Water Reclamation
Facilitv and exoansion of the Meadowlark Water Reclamation Facilitv. CMWD Proiect
No. 98-301; and Contractor possesses the necessary skills and qualifications to provide
the services required by District;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, District and Contractor agree as follows:
1. CONTRACTOR’S OBLIGATIONS
Refer to Exhibit “A” attached hereto and made a part hereof.
Rev. 08/I 7198
2. DISTRICT OBLIGATIONS
A. The District shall provide all available master plan reports.
B. Make operations and engineering staff available.
C. Provide any plans and specifications of the Encina WRP and Meadowlark
WRP.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (10) days after receipt of
notification to proceed by the District and be completed within three hundred sixtv-five
/365) [we&in&alendar] days of that date. Extensions of time may be granted if
requested by the Contractor and agreed to in writing by the District Enaineer. The
District Enoineer will give allowance for documented and substantiated unforeseeable
and unavoidable delays not caused by a lack of foresight on the part of the Contractor,
or delays caused by District inaction or other agencies’ lack of timely action.
4. FEES TO BE PAID TO CONTRACTOR
The total fee payable for the services to be performed shall be $195.000. No
other compensation for services will be allowed except those items covered by
supplemental agreements per Paragraph 8, “Changes in Work.” The District resewes
the right to withhold a ten percent (10%) retention until the project has been accepted
by the District.
Incremental payments, if applicable, should be made as outlined in attached
Exhibit “A.”
Rev. 08/I 7198
-
5. DURATION OF CONTRACT
This agreement shall extend for a period of one (1) vear from date thereof. The
contract may be extended by the Executive Manager for one (1) additional one (1) year
periods or parts thereof, based upon a review of satisfactory performance and the
District’s needs. The parties shall prepare extensions in writing indicating effective date
and length of the extended contract.
6. PAYMENT OF FEES
Payment of approved items on the invoice shall be mailed to the Contractor
within 30 days of receipt of the invoice.
7. FINAL SUBMISSIONS
Within seven (7) days of completion and approval of the District Enaineer the
Contractor shall deliver to the District the following items:
Five copies of the final preliminary Design Report for the new pipelines,
reservoirs, and pump stations for the new Carfsbad Water Reclamation Facility and the
Meadowlark Water Reclamation Facility.
6. CHANGES IN WORK
If in the course of the contract, changes seen merited by the Contractor or the
District, and informal consultations with the other party indicate that a change in the
conditions of the contract is warranted, the Contractor or the District may request a
change in contract. Such changes shall be processed by the District in the following
manner: A letter outlining the required changes shall be forwarded to the District by
Contractor to inform them of the proposed changes along with a statement of estimated
changes in charges or time schedule. A Standard Amendment to Agreement shall be
3 Rev. 08/17/98
i’
prepared by the District and approved by the District according to the procedures
described in Carlsbad Municipal Code Section 328.172. Such Amendment to
Agreement shall not render ineffective or invalidate unaffected portions of the
agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained any
company or person, other than a bona fide employee working for the 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 of making of this agreement. For breach or violation of this warranty,
the District shall 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 such fee, commission, percentage, brokerage fees, gift, or contingent
fee.
10. NONDISCRIMINATION CLAUSE
The Contractor shall comply with the state and federal laws regarding
nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Contractor’s failure to prosecute, deliver, or perform the work
as provided for in this contract, the Executive Manager may terminate this contract for
nonperformance by notifying the Contractor by certified mail of the termination of the
Contractor. The Contractor, thereupon, has five (5) working days to deliver said
4 Rev. 08/l 7/98
documents owned by the District and all work in progress to the District Enaineer. The
District Enaineer shall make a determination of fact based upon the documents
delivered to District of the percentage of work which the Contractor has performed
which is usable and of worth to the District in having the contract completed. Based
upon that finding as reported to the Executive Manager, the Manager shall determine
the final payment of the contract.
This agreement may be terminated by either party upon tendering thirty (30)
days written notice to the other party. In the event of such suspension or termination,
upon request of the District, the Contractor shall assemble the work product and put
same in order for filing and closing and deliver said product to District. In the event of
termination, the Contractor shall be paid for work performed to the termination date;
however, the total shall not exceed the lump sum fee payable under paragraph 4. The
Executive Manager shall make the final determination as to the portions of tasks
completed and the compensation to be made.
12. CLAIMS AND LAWSUITS
The Contractor agrees that any contract claim submitted to the District
must be asserted as part of the contract process as set forth in this agreement and not
in anticipation of litigation or in conjunction with litigation- The Contractor acknowledges
that if a false claim is submitted to the District, it may be considered fraud and the
Contractor may be subject to criminal prosecution. The Contractor acknowledges that
California Government Codes sections 12650 et sea., the False Claims Act, 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
5 Rev. 08/l 7198
information or in reckless disregard of the truth or falsity of information. If the Carlsbad
Municipal Water District seeks to recover penalties pursuant to the False Claims Act, it
is entitled to recover its litigation costs, including attorney’s fees. The Contractor
acknowledges that the filing of a false claim may subject the Contractor to an
administrative debarment proceeding wherein the Contractor may be prevented to act
as a Contractor on any public work or improvement for a period of up to five years. The
Contractor acknowledges debarment by another jurisdiction is grounds for the Board of
Directors to disqualify the Contractor from the selection process. v initial
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026,
3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. fY .- initial
13. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor’s own
way as an independent Contractor and in pursuit of Contractor’s independent calling,
and not as an employee of the District Contractor shall be under control of the District
only as to the result to be accomplished, but shall consult with the District as provided
for in request for proposal. The persons used by the Contractor to provide services
under this agreement shall not be considered employees of the District for any
purposes whatsoever.
The Contractor is an independent Contractor of the District. The payment made
to the Contractor pursuant to the contract shall be the full and complete compensation
6 Rev. 08/I 7198
to which the Contractor is entitled. The District shall not make any federal or state tax
withholding on behalf of the Contractor or its employees or subcontractors. The District
shall not be required to pay any workers’ compensation insurance or unemployment
contributions on behalf of the Contractor or its employees or subcontractors. The
Contractor agrees to indemnify the District and the City of Carlsbad within 30 days for
any tax, retirement contribution, social security, overtime payment, unemployment
payment or workers’ compensation payment with the District and the City of Carlsbad
may be required to make on behalf of the Contractor or any employee or subcontractor
of the Contractor for work done under this agreement or such indemnification amount
may be deducted by the District and the City of Carlsbad from any balance owing to the
Contractor.
The Contractor shall be aware of the requirements of the Immigration Reform
and Control Act of 1986 and shall comply with those requirements, including, but not
limited to, verifying the eligibility for employment of all agents, employees,
subcontractors and Consultants that are included in this agreement.
14. CONFORMITY TO LEGAL REQUIREMENTS
The Contractor shall cause all drawings and specifications to conform to all
applicable requirements of law: federal, state and local. Contractor shall provide all
necessary supporting documents, to be filed with any agencies whose approval is
necessary.
The District will provide copies of the approved plans to any other agencies.
7 Rev. 08/l 7198
15. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications as herein
required are the property of the District, whether the work for which they are made be
executed or not. In the event this contract is terminated, all documents, plans,
specifications, drawings, reports, and studies shall be delivered forthwith to the District.
Contractor shall have the right to make one (1) copy of the plans for its records.
16. REPRODUCTION RIGHTS
The Contractor agrees that all copyrights which arise from creation of the work
pursuant to this contract shall be vested in District and hereby agrees to relinquish all
claims to such copyrights in favor of District
17. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the District and the City of
Carisbad and its officers, officials, employees and volunteers from any and against all
claims, damages, losses and expenses including attorney fees arising out of the
performance of the work described herein caused in whole or in part by any willful
misconduct or negligent act or omission 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.
18. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any monies
due thereunder without the prior written consent of the District.
8 Rev. 08/l 7/98
19. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be performed under this
contract by the Contractor, Contractor shall be fully responsible the District 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 or indirectly employed by Contractor. Nothing contained in this
contract shall create any contractual relationship between any subcontractor of
Contractor and the District. The Contractor shall bind every subcontractor and every
subcontractor of a subcontractor by the terms of this contract applicable to Contractor’s
work unless specifically noted to the contrary in the subcontract in question approved in
writing by the District.
20. PROHIBITED INTEREST
No official of the District who is authorized in such capacity on behalf of the
District to negotiate, make, accept, or approve, or take part in negotiating, making,
accepting, or approving of this agreement, shall become directly or indirectly interested
personally in this contract or in any part thereof. No officer or employee of the District
who is authorized in such capacity and on behalf of the District to exercise any
executive, supervisory, or similar functions in connection with the performance of this
contract shall become directly or indirectly interested personally in this contract or any
part thereof.
21. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the
District, either before, during or after the execution of this contract, shall affect or modify
9 Rev. 08/l 7198
any of the terms or obligations herein contained nor entitle the Contractor to any
additional payment whatsoever under the terms of this contract.
22. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 17, “Hold Harmless Agreement,” all
terms, conditions, and provisions hereof shall inure to and shall bind each of the parties
hereto, and each of their respective heirs, executors, administrators, successors, and
assigns.
23. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written
above.
24. CONFLICT OF INTEREST
The District has determined, using the guidelines of the Political Reform Act and
the Districts conflict of interest code, that the Contractor will not be required to file a
conflict of interest statement as a requirement of this agreement. However, Contractor
hereby acknowledges that Contractor has the legal responsibility for complying with the
Political Reform Act and nothing in this agreement releases Contractor from this
responsibility.
25. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract 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 work
hereunder by the Contractor, his agents, representatives, employees or subcontractors.
Said insurance shall be obtained from an insurance carrier admitted and authorized to
10 Rev. 08/l 7198
3 c
do business in the State of California. The insurance carder is required to have a
current Best’s Key Rating of not less that “A-:V” and shall meet the District’s policy for
insurance as stated in Resolution No. 772.
A. Coveraaes and Limits
Contractor shall maintain the types of coverages and minimum limits
indicated herein, unless a lower amount is approved by the General Counsel or
Executive Manager.
1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits shall apply
separately to the work under this contract or the general aggregate shall be twice the
required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved for
Contractor’s work for the District). $1 ,OOO,OOO combined single-limit per accident for
bodily injury and property damage.
3. Worker’s Compensation and Employer’s Liability. Worker’s
Compensation limits as required by the Labor Code of the State of California and
Employer’s Liability limits of $1 ,OOO,OOO per accident for bodily injury.
4. Professional Liability. Errors and omissions liability appropriate to
the contractor’s profession with limits of not less than $1 ,OOO,OOO per claim. Coverage
shall be maintained for a period of five years following the date of completion of the
work.
11 Rev. 08/17/98
B. Additional Provisions
Contractor shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the following provisions.
1. The District and the City of Carlsbad shall be named as an
additional insured on all policies excluding Workers’ Compensation and Professional
Liability.
2. The Contractor shall furnish certificates of insurance to the District
before commencement of work.
3. The Contractor shall obtain occurrence coverage, excluding
Professional Liability which shall be written as claims-made coverage.
4. This insurance shall be in force during the life of the agreement and
any extension thereof and shall not be canceled without 30 days prior written notice to
the District sent by certified mail.
5. If the Contractor fails to maintain any of the insurance coverages
required herein, then the District will have the option to declare the Contractor in
breach, or may purchase replacement insurance or pay the premiums that are due on
existing policies in order that the required coverages may be maintained. The
Contractor is responsible for any payments made by the District to obtain and maintain
such insurance and the District may collect the same from the Contractor or deduct the
amount paid from any sums due the Contractor under this agreement.
12 Rev. 08/17/98
26. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or the receive
written notice on behalf of the District and on behalf of the Contractor in connection with
the foregoing are as follows:
For District:
For Contractor:
Title
Name
Address
Title
Name
Address
Architect/License Number:
Architect/License Number:
27. BUSINESS LICENSE
William E. Plummer, District Engineer
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, California 92008
John Powell, P. E., President
John Powell & Associates
175 Calle Magdalena, Suite 101
Encinitas, California 92024
Contractor shall obtain and maintain a City of Carlsbad Business License for the
duration of the contract.
28. ENTIRE AGREEMENT
This agreement together with any other written document referred to or
contemplated herein, embody the entire agreement and understanding between the
parties relating to the subject matter hereof. Neither this agreement nor any provision
13 Rev. 08/17/98
i 3
-
hereof may be amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
Executed by Contractor this day of ,19-.
CONTRACTOR:
JOHN POWELL & ASSOCIATES, INC.,
a California corporation
(name fif contractor)
CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized
under the Municipal Water Act of 1911,
and a Subsjdiary District of thflity of
JMN M. POWELL, P. E., President
(print name/title)
ATTEST:
Bv:
(sign here)
(print name/title
/ h&rHA I.&~AMENKJ&#Jz,
Secretary u
KAREN R. KUNDTZ, Assistant Secretary
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one
officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary
under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM
RONALD R. BALL
CMWD 98-301
14 Rev. 08/17/98
STATE OF CALIFORNIA 1
COUNTY OF s., n; c 5L ; “’
hnt.~, I? 1944 before me, %AA (h _ MA~QJ -Y\O+~~,M
DATE ’ NAME ANIb TITLE OF OFFICER 0
personally appeared l-n. Qawrl~ NAME(S) OF SIGNER(S)
ersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal. Fe-‘” I II T I ,JLL m
tkr b. mLA-2 SIGNATURE OF NOTARY
(This area for official notary seal.)
Title or Type of Document
Date of Document
Signer(s) other than named above
No. of Pages
CMWD 98-301
06/l 4/95 Rev.
EXHIBIT A
SCOPE OF WORK
ENCINA BASIN PHASE II
RECYCLED WATER DISTRIBUTION SYSTEM STUDY
I. SCOPE OF WORK
The following scope of work describes the basic services to be performed as
part of the preliminary design report for the Encina Basin Phase II Recycled
Water Distribution System Expansion for the Carlsbad Municipal Water
District (District).
A. DESIGN CRITERIA EVALUATION
The design criteria evaluation will consist of a review of recycled water
system operational and design criteria and an assessment of Phase I system
operations. Recommendations will be provided for any new criteria.
1. Gather and review background information including previous
Master Plans, recycled water system studies, pipeline record
drawings and design reports prepared since the last Master
Plan.
2. Review existing general system design criteria for pressure,
pipelines and pump stations used for the existing Phase I
system. Meet with District’s operational staff to discuss and
evaluate normal system operations and emergency scenarios.
Recommend design criteria modifications and/or additional
criteria for Phase II system.
3. Evaluate recycled water operational storage criteria and
determine adequacy of available storage based on identified
demand usage in the 1997 Carlsbad Recycled Water Master
Plan (CRWMP), reassessment of market demand (Task B
below), and discussions with the District’s operational staff.
John Powell & Associates, Inc.
in association with
Page 1 of 14 March 17, 1999
Cathcart Garcia von Langen Engineers
B. MARKET ASSESSMENT
This task will review the existing and potential recycled water demands in
the service area. In general, the largest recycled water consumers will
determine the delivery system pipeline alignment and requirements.
Therefore the strategy will be to concentrate on the largest recycled water
consumers. In addition, smaller recycled water customers may not be cost
effective to serve if significant pipeline extensions are required to serve them.
Criteria will be established to assist the District in determining the most cost
effective customers to serve.
1. Review and update the recycled water demand for existing
Phase I customers by reviewing water meter records to
determine average annual and peak water usage and the
location of existing customers.
2. Review and update the potential recycled water demand for the
ten largest Phase II customers. Reaffirm commitment and
readiness to accept recycled water by initial calls to the
consumers, followed by written correspondence. Identify any of
the ten largest consumers which still require significant on-site
retrofits (new meters, backflow preventers, recycled/potable
water system separation, etc.) and estimate probable cost.
3. Obtain updated digital map of existing irrigation meters from
the District and modify to indicate meter location and account
number. Identify any potential new customers based on new
development and proposed land planning since the 1997
CRWMP.
4. Relational Database
a. Create a Microsoft Access 97 relational database for
recycled water customer data. The database will include
an estimated three input forms and two output reports.
The three input forms will include fields for customer
service/accounting, scheduling, and engineering data.
The output reports will include summary use data and
network modeling data, the latter for interface with
computerized network modeling software. Customer data
fields will include the following for each irrigation service: . unique database identification number . irrigation account number . irrigation meter number
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.
.
.
.
.
.
.
.
.
.
.
.
irrigation meter and use site location
pipe segment number
District type of use
SWRCB type of use
customer and related entity names and addresses
planning and construction schedule milestones
on-site facility status
system expansion phase
estimated on-site retrofit costs
average annual demand
peak demand
service pressure
b. Input existing and selected future (Phase II) recycled
water customer data into the created Access database.
Phase II data selection will be based on the larger-
demand customers determined in other subtasks. It is
assumed that the bulk of available data for existing and
future services will be in a digital form, such as an Excel
spreadsheet, for direct input into Access. Data for future
services, derived during the course of other task work,
will be manually entered into the created Access input
forms.
C. HYDRAULIC ANALYSIS
Extended period hydraulic simulations will be performed with a calibrated
HzONET model of the existing recycled water system to identify any system
deficiencies. The hydraulic model will be expanded and iterative simulations
run to develop the Phase II and Ultimate recycled water systems.
1. Existing System Analysis
a. Gather data for model development including record
drawings of existing pipelines and pump stations,
operational controls, valve settings, and reservoir piping
and operating levels.
b. Develop the existing recycled water model using
H20NET. The model will include the El Camino Pump
Station, “D” Tanks, and alI supplied pipelines &inches
diameter and larger. Six-inch diameter pipelines will be
included where important system looping occurs. Pipe
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lengths will be determined from record drawings or
estimated from digital maps. The model will incorporate
existing recycled water demands and a diurnal water
demand curve will be developed under the assumption
that recycled water will generally be delivered between 10
pm and 6 am. Node elevations wilI be determined from
the City’s potable water HzONET model.
C. Verify model by selecting a short time period to obtain
calibration data. Data wilI include treatment plant flows,
reservoir levels, pump station operations, supplemental
potable water flow rates (if applicable) and recorded
flows/pressures. Determine demand peaking factors
during the calibration period and perform a 24-hour
extended period simulation. Compare collected data with
simulation results and modify model, if required.
d. Review potable water and reclamation facility delivery
records to estimate maximum day Phase I demands.
Develop a maximum day peaking curve.
e. Perform a 24-hour extended period simulation with
maximum day demands. Produce a color map to
illustrate results and document any system deficiencies
based on the revised design criteria.
2. Phase II/Ultimate System Analysis
a. Expand the existing system H20NET model to create the
Phase II recycled water model. It is anticipated that two
pressure zones will be required. The model will
incorporate Phase II recycled water demands and
proposed recycled water facilities identified in Figure 1 of
the RFP. Initial pipeline alignments and diameters will
be input based on the results of Task D.
b. Perform 24-hour extended period simulations with
maximum day and maximum month demands. Assume
Phase II capacity flows from the Meadowlark WRF and
future Carlsbad WRF and maximize flows from storage
tanks. Based on demand data provided in the RFP,
demands will exceed the supply for these simulations.
Therefore analyze both demand scenarios with 1)
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additional supply from the potable water system
introduced at the “D” Tanks, and 2) additional supply
from Mahr Reservoir, assuming it is available to provide
seasonal storage. Determine booster pump station
operating conditions.
C. A series of peak-hour steady-state simulations will be
made to refine the distribution piping. The product of
this task will be a recycled water system which minimizes
new piping and meets design criteria while providing an
acceptable level of system redundancy. Operation of a
modified El Camino Pump Station will be investigated as
a potential facility to reduce new piping (discussed further
in Task E.l).
d. Input ultimate demands and expand the Phase II model
to create an ultimate system model. A new booster pump
station wilI be required to supply a third pressure zone
and a pump station at Lake Calavera will be required to
supply seasonal storage. Perform maximum demand
extended period simulations and determine operating
conditions for the Carlsbad WRF effluent pump station,
the booster pump stations, and ultimate required flows
from the seasonal storage reservoirs. To facilitate project
phasing parallel pipes will be recommended to increase
the capacity of major delivery pipelines from the Carlsbad
WRF. Determine which distribution pipelines should be
upsized in the Phase II system based on ultimate
demands.
e. Investigate phasing for the seasonal storage reservoirs.
Determine the maximum system demand that can be
supplied from only the Mahr Reservoir. Modify the
ultimate model assuming Lake Calavera never becomes
part of the system and additional seasonal storage is
provided from the potable water system. The model will
also be run without the Santa Fe Tank (additional
operational storage to come from Mahr Reservoir and/or
Lake Calavera) to evaluate its performance and affect on
pipe sizes.
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f. Prepare a color map illustrating the recommended Phase
II and Ultimate system recycled water pressure zones,
major facilities and distribution system.
3. Water Quality Analysis. Water quality in a distribution system
is directly related to the age of water in pipelines and storage
tanks. The water quality investigation will provide a screen
evaluation of the Ultimate distribution system. Results of this
analysis will determine areas susceptible to water quality
problems due to poor circulation in pipelines or excessive
detention time in storage tanks.
a. Modify the Ultimate model to analyze the age of water in
a distribution system. Develop and input a 24-hour
demand curve corresponding to minimum month
demands. Modify pump station controls and eliminate
inflow/discharge from seasonal storage facilities.
b. Perform age of water analysis and carry out simulation
until equilibrium has been reached, usually within two to
three weeks. Recommend additional pipeline looping or
changes in operational procedures to reduce water
residence time in the distribution system. Document
results on a water system map.
C. Modify the water quality model to trace the mineral
content (measured as TDS) of recycled water from the
Meadowlark and Carlsbad WRFs throughout the
distribution system.
D. PIPELINE ALIGNMENT EVALUATION
In conjunction with the modeling effort described in Task C-2, this task wilI
identify potential pipeline alignments for the Phase II recycled water
facilities.
1. Perform field reconnaissance of planned customers, existing
meter locations and pipeline alignment alternatives.
2. Identify pipelines in the CRWMP serving the ten largest
potential Phase II customers and investigate alternative
pipeline alignments to serve these users. Existing recycled
water pipelines will be incorporated into the ultimate system
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and new pipelines will be placed in existing roads to the
maximum extent possible. Pipeline alignments will be
evaluated on rough capital costs, traffic impacts, environmental
impacts, business impacts and community impacts.
E. PUMP STATION EVALUATIONS
This task incorporates the issues dealing with the pump stations for the
Phase II and Ultimate recycled water system.
1. El Camino Pump Station
a. In the Phase II and Ultimate systems the El Camino
Pump Station may be utilized to supply the intermediate
zone. Determine the operating criteria of the pump
station in the Phase II and Ultimate systems from the
hydraulic analysis (Task (3-2~). Discuss pump station
operations with District operations personnel to identify
any problems.
b. Investigate if replacement pumps can be accommodated
in the existing booster pump station. Included in this
analysis will be an evaluation of the existing electrical
system.
C. Perform a preliminary cost analysis to determine whether
it is most cost effective to replace pumps (if possible),
construct a new pump station at the same site, or
abandon the station. If a new pump station appears cost
effective, preliminary pump station design requirements
will be determined (operating point, number of pumps,
suction/discharge piping, controls).
2. Future Booster Pump Station at “D” Tank Site
a. Investigate the property ownership around the “D” Tanks.
Confer with the District regarding the property best
suited for the pump station site.
b. Work in conjunction with the environmental consultant to
determine if there are any “fatal flaws” with regards to
environmental issues (visual, land use, biological
resources, noise, or traffic).
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C. Develop preliminary landscape theme and architectural
concept for the future booster pump station in
conformance with the City of Carlsbad Planning
Department requirements. The architecture will be
similar to the surrounding neighborhood and landscape
theme will be based on drought resistant plants.
d. Based on the hydraulic analysis recommend the number
of pumps for the Phase II and ultimate pump station.
Prepare preliminary site layout including surrounding
topography, access road, and pump station footprint.
Prepare two pump station elevations with preliminary
architectural and landscape treatments. Existing digital
topography will be used for preliminary layouts.
3. Carlsbad WRF Effluent Pump Station. Provide recommended
flow and pressure design criteria for the effluent pumping
station to be constructed as part of the Carlsbad WRF. Provide
operating criteria based on system start-up, Phase II, and
Ultimate demands.
4. Determine the preferred location for future booster pumping
stations in the ultimate system.
F. RESERVOIR EVALUATION
1. Analyze and quantity seasonal storage requirements in light of
seasonal supply and demand projections for the Phase II and
Ultimate Systems. Obtain record drawings on Mahr Reservoir
and Lake CaIavera. Investigate the existing condition of the
reservoirs and identify any limitations in usable recycled water
storage based on hydraulics.
2. Quantity diurnal storage requirements for the Phase II system
using a supply/demand/storage spreadsheet model.
3. Review alternatives for using Mahr Reservoir, including
reallocating funds for other facilities, recirculation, aeration,
lining and covering the reservoir, and nutrient removal at
Meadowlark Water Reclamation Facility (WRF). Advantages of
fixed and floating covers will be evaluated.
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4. Recommend other improvements to Mahr Reservoir to maintain
recycled water quality and improve site access. Prepare a site
plan illustrating the improvements, which will include as a
minimum a paved road around the reservoir and landscaping at
the site entry.
5. Prepare a draft preliminary design report on the rehabilitation
of the Mahr Reservoir. The report will include
recommendations on monitoring water quality, an evaluation of
the interior for lining and cover material, and design criteria for
recommended improvements. Include an opinion of probable
construction cost and time schedule required for the
rehabilitation effort.
6. Incorporate preliminary findings and drawings prepared by the
District for an artificial wetlands at Lake Calavera. Develop
outlet tower design criteria to convey recycled water into and
out of Lake Calavera. Use existing topographic information and
parcel data information to recommend the location of the pump
station and determine proposed pipeline alignment. Further
discuss Lake Calavera wetlands options with other consultants
and agencies and investigate if there are any environmental
concerns regarding the proposed improvements.
G. COORDINATION
This task encompasses coordinating the agencies and other consultants that
may work on preparing CEQA documentation or preliminary design of the
recycled water treatment facilities.
1. Identifjr the environmental concerns and permits necessary for
the implementation of the pipeline, pump stations and reservoir
rehabilitation construction. These permits may include, but are
not limited to, construction related permits, variances, fish and
game permit, Army Corps permit, Coastal Commission
approval, and State regulatory agencies, including Health
Department and Safety of Dams.
2. Identify institutional requirements with Vallecitos Water
District, Olivenhain Municipal Water District, Vista Irrigation
District and Leucadia County Water District.
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3. Coordinate with other consultants retained to prepare the
Carlsbad and Meadowlark WRF preliminary expansion designs,
and CEQA documentation. Provide information needed for
CEQA, and if required for finding, NEPA-like compliance.
4. Coordinate with and provide assistance to other agencies and
consultants, when necessary.
H. OPINION OF PROBABLE COST
An opinion of probable construction cost will be prepared under this task for
recommended Phase II and ultimate facilities. Operation and maintenance
costs for the reservoir improvements and pump stations wilI be provided.
1. Prepare an opinion of probable construction costs for:
a. Identified Phase II and ultimate pipelines and
appurtenances
b. Identified Phase II and ultimate booster pump stations
Cost estimates for the pipelines will be based on unit cost.
Cost estimates for pump stations will be based on
conceptual design. Recommend a reduced Phase II
System should cost estimates exceed the District’s budget.
2. Prepare an opinion of the annual operation and maintenance
cost for the recycled water pump stations and reservoir
improvements.
I. REPORT PREPARATION
The report to the District will consist of a series of reports comprising this
Scope of Work.
1. Encina Basin Phase II Recycled Water Distribution System
a. Prepare the Encina Basin Phase II Recycled Water
Distribution System Study. This study would encompass
investigations completed in Items A to E, G, and H of this
Scope of Work.
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b. Prepare five draft copies of report for review by the
District staff. Written responses to staff comments will be
prepared and comments incorporated into a final report.
Five copies of the final report will be delivered to the
District.
2. Preliminary Design Report for the Rehabilitation of Mahr
Reservoir. Five copies of an initial draft prepared in Item F.5
will be sent for review by the District and VaIlecitos Water
District staff. Written responses to staff comments will be
prepared and comments incorporated into a final report. Five
copies of the final report wiU be delivered to the District and the
Vallecitos Water District.
J. PROJECT MANAGEMENT
Project management is an essential component to the completion of the Scope
of Work items in a timely manner and within budget. Project management
includes meeting attendance, budget tracking, and correspondence with the
District and other agencies/consultants.
1. Meetings.
a. Prepare for and attend up to six project meetings. These
meetings are envisioned to be a kick-off meeting,
evaluation of criteria, market assessment, model
development and results, pipeline alignments, and review
and discussion of deliverables.
b. Prepare meeting minutes for distribution and comment.
C. Prepare for and conduct one presentation to the District
Board and City Planning Commission.
d. Prepare for, attend, and report on two meetings with
Vallecitos Water District.
2. Project Management. Prepare correspondence, track budget,
and quality control and quality assurance.
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K. FINANCIAL ASSISTANCE (OPTIONAL SERVICE)
This task includes assistance to the District in securing State Water
Resources Control Board (SWRCB) loan funding for Phase II facilities capital
expenses. This task requires separate authorization by the District prior to
initiating any work. A suggested scope of work is as follows:
1. Application Preparation
a. Assist District staff in preparing a loan application to the
SWRCB State Revolving Fund (SRF) program. This will
involve assistance with the several attachments required
by the SWRCB application form, which include the
following:
. integrated summary loan project description
l SWRCB-format monthly and hourly
supply/demand/storage analyses
l SWRCB-format economic analysis
l SWRCB-format draft revenue program
l loan project schedule from loan application through
construction
This will also involve evaluation and documentation of
loan-required items prepared by the District or others,
which include the following:
l District Council actions
0 project permits
. real property acquisitions . source of supply and other institutional agreements
necessary for project implementation . recycled water user assurances
l water rights
It is assumed that required loan graphics will be derived
from the District digital bases or cut-and-paste from
available District documents.
b. Participate in two loan-specific meetings with District staff (1)
data review, procedure definition, task coordination and
responsibilities; and (2) SWRCB staff coordination, to be
scheduled early in the application preparation process. It is
assumed that both meetings will be held at District offices in
Carlsbad.
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2. Application Processing. Assist District staff in processing the SRF
loan application through the SWRCB.
a.
b.
Coordinate critical project issues with SWRCB staff.
Submit one copy of a draft application package for District
review.
C. Submit three copies of the final application package for SWRCB
staff review, and one copy to District for records.
d. Assist District staff respond to informal SWRCB staff questions,
assist District staff prepare written response to formal SWRCB
comments letter, and assist District staff review resulting loan
contract.
II. DISTRICT FURNISHED SERVICES
The following services or information will be provided by the District.
A.
B.
C.
D.
E.
Copies of previous Master Plans, relevant reports and studies,
drawings, correspondence, and other relevant information or data.
AutoCAD drawing of irrigation meter locations updated through May
1996. It is assumed that meter account numbers and locations are on
a separate layer in the drawing so that the data can be easily accessed
and imported into H20NET.
District will locate alI new irrigation meters since May 1996 and
update the AutoCAD drawing.
Existing potable water system HzONET computer model, including
AutoCAD base map and database files.
SCADA data for existing reclaimed water system indicating reservoir
water levels, pump station operating data, and flow rates through the
potable water connection at the “D” Tanks. It is assumed that this
data will be provided as a continuous readout over selected 24-hour
periods.
F. Digital’site topography at proposed pump station sites.
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G.
H.
Data to support financial application preparation and processing.
The District through the City of Carlsbad will conduct environmental
reviews and prepare documentation.
III. ADDITIONAL SERVICES
If requested by the District, Powell will provide the following Additional
Services beyond the services included in Section I, Scope of Services.
A.
B.
C.
D.
E.
F.
G.
H.
Attendance at additional meetings other than those specifically
identified in Section I.
Additional market assessment database input or retrofit cost estimates
beyond the select Phase II customers.
Onsite retrofit system design and Health Department processing for
specific users.
Additional evaluation of Mahr Reservoir as requested by Vallecitos
Water District.
HzONET computer model training on the recycled water system.
Additional recycled alternative analyses beyond the level of effort
defined in the Scope of Services Section I - Task C.
Renderings of pump station buildings, Mahr Reservoir and other
improvements requiring the services of a landscape architect and/or
architect.
Water quality or computational fluid dynamic (CFD) modeling of the
Mahr Reservoir.
MBE:kk
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.-
RESOLUTION ADOPTED BY
UNANIMOUS WRITTEN CONSENT OF DIRECTORS
OF
JOHN POWELL & ASSOCIATES, INC.
A California Corporation
The undersigned, being the only members of the Board of Directors of John
Powell & Associates, Inc., A California Corporation, do by this writing, consent to
take the following actions and adopt the following Resolutions without a formal
meeting of the Board:
Be it resolved that:
John M. Powell, in his capacity as President, has the authority to
contractually commit the corporation without prior knowledge, consent or action of
the Board of Directors.
We direct that this consent by filed with the Minutes of the proceedings of the
Board of Directors of the corporation.
This unanimous written consent is executed pursuant to section 307(c) of the
Corporations Code of the State of California, U.S.A., and the Bylaws of the
corporation, which authorize the taking of action by the Board of Directors by
written unanimous consent without a meeting. s
Dated: 4/7/w-
Dated: 6/7 19 7
Dated: -JQw-
: ‘2, . . ,:,.;L~~~~-.EMERGENCY CW$C.TS!;‘,,.; ; . y i, i+-&‘r ,<; .y+v, __‘, ( -6:: f’ ‘. .: ..,” ,. -: - :G:<.-.. : ;...-: ‘, .’ ; ,*. ;
POUELL, JOHN M.
175 UILSTONE AU
ENCINIT4.S, CA : : *
POUELL, ROkY ‘G.
1824 !!ILSTONE AV
ENCINITAS, CA
CORP. OFFICER
92024 760-442-l 803 .: ‘,L ,.a; ..;.,.‘i.. ..,,
*’ COkP. OFFICE
92024 760-942-l 803
.’ .....;
;. ‘. :
JOHN i’OUELL 0 ASSOCIATES, INC.
175 CALLE MAGDALENA #lO 1
ENCINIT’AS, CA 32024
FEE-SCHEDULE PB
SUWECT TO REVOCATION BY THE GIN COUNCIL
‘ROOlKER
Michael Ehrenfeld Company
2655 Camino Del Rio North, Suite 200
San Diego, CA 92108
(619) 683-9990 Fax (619) 683-9999
License #OS37922
THIS CERTIFICATE IS ISSUE0 AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW I COMPANY COMPANIES AFFORDING COVERAGE
A American Motorists Insurance Company
USURW John Powell & Associates, Inc.
175 Calle Magdalena, Suite 101 Encinitas, CA 92024
, 36 COMPANY
0 American Motorists Insurance Company
COMPANY
C American Motorists Insurance Company . -
COMPANY
D Continental Casualty Company
THIS IS TO CERllFY THAT THE POLlClES OF INSURANCE USTED BELOW HAVE BEEN &SUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER00
LNCXATED. NOTWlTHSTANDlNG ANY REQUIREMENT. TERM OR CONOlTtON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE lSSUE0 OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LiMlTS SHOWN MAY HAVE BEEN REDLJCEO BY PAID CIAIMS.
% ( ~,,~~~Fl?$SUftANCE WLICY NUMBER
x -GmERuuAaurY A
FP
CuIpIMof XoauR cl x OHMRSL -0Rs PRol
x Con-lLlatility
7JW30520301
7JW3052030 1
7JW30520301 02/03/l 999
7CW30532500 09/01/l 998
AENl13780458 02/03/l 999
EXCESS uABluTY
x mmimlAFoRA4
omERlwNcuBRELlA
WORKERS COMPENSATt0N
EMPLoYERslJABluTr
c mE-~ PMWCLJllVE OFFICERS ARfZ
OTHER D PROFESSIONAL LIABILITY
IE-oFOPERATK)NYLOCATIONY YlCLES/SPEClAL flEMs
tE: ALL OPERATIONS
POLICY EFFECWE
DATE (MW00IY-Y)
02/03/l 999
02/03/l 999
acy EXPIRATION DATE (MMIGOMY) LIMITS
GENERAL AGGREGATE f2,000,000
02/03/2000 PROOUCTS - CCMPfOP AGG 2.000,000
PERSONAL & AOV INJURY 1 .ooo,ooo
EACH OCCURRENCE 1.000.000
FIRE DAh4AGE (Any one fire) 100.000
ME0 EXP (Any one person) 10,000
I COMBINED SINGLE LIMIT I $1,000,000
EOOILY INJURY
02/03/2000 (‘=’ “-)
OTHER THAN AUTO ONLY: I
EACH ACClOi3-d
I AGGREGATE1
EACH ACCIOENT $1,000,000. 02/03/2000 AGGREGATE 1 ,ooo.ooo.
:ERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED AS RESPECTS GENERAL LIABIUTY AS PER FORM BP8662 ATTACHED
notice of canceltation in the event of non-payment of premium.
Sl-KXJLO ANY OF THE ABOVE OESCRlBED POLICIES BE CANCELLED BEFORE THE
CITY OF CARLSBAD EXPIRATION DATE THEREOF, THE ISSUING C-ANY WILL -MAIL
Al-t-N: RUTH FLETCHER 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LER.
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CA 92008 ’ /lE
ARCHITECTS AP -) ENGINEERS PROGRAM L-DORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS POLICY
A. Additional Insured
The following is added to paragraph C., WHO
IS AN INSURED, of the Businessowners Liability
Coverage Form, BP 71 08:
All persons or organizations on file with the
company as Additional lnsureds are also an in-
sured, but only with respect to liability arising
out of your ongoing operations for that insured.
loss, any or all right of recovery against
any party for a loss occurring. How-
ever, the insured must do nothing after
a loss to impair these rights. At our re-
quest, the insured will bring “suit” or
transfer those rights to us and help us
enforce them. This condition does not
apply to Medical Expenses Coverage.
B. Primary Coverage
b. After a loss you may waive your rights
against another party in writing, only if,
at the time of the loss, that party is one
of the following:
With respect to claims arising out of the opera-
tions of the Named Insured, such insurance as
afforded by this policy is primary and is not ad-
ditional to or contributing with any other insur-
ance carried by or for the benefit of the above
Additional Insureds.
A business firm:
C. Waiver of Subrogation
1) Owned or controlled by you; or
2) That owns or controls you.
5. Notice of Cancellation
Paragraph 2., of the TRANSFER OF RIGHTS OF 1. If we cancel this policy for any reason other
RECOVERY AGAINST OTHERS TO US condi- than nonpayment of premium, we will mail
tion, of the Businessowners Common Policy written notice at least 30 days before the
Conditions, BP 71 10, is deleted and replaced effective date of cancellation to the Addi-
by the following: tional lnsureds in paragraph A. above.
2. Applicable to Businessowners Liability Cov-
erage:
a. If the insured has rights to recover all or
part of any payment we have. made
under this policy, those rights are
transferred to us. This insurance shall
not be invalidated should the Named
Insured waive in writing, prior to a
2. If we cancel this policy for nonpayment of
premium, we will mail written notice at
least 10 days before the effective date of
cancellation to the Additional. lnsureds in
paragraph A. above.
THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY
IS WRITTEN.
BP 86 62 (Ed. 09 96) Printed in U.SA.
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RESOLUTION NO. 1049
A RESOLUTION OF THE CARLSBAD MUNICIPAL WATER
DISTRICT OF CARLSBAD, CALIFORNIA, FOR APPROVAL
OF CONTRACTS WITH BLACK & VEATCH AND JOHN
POWELL & ASSOCIATES AND APPROPRIATION OF
FUNDS TO PREPARE PRELIMINARY DESIGN REPORTS
ON THE ENCINA BASIN WATER RECLAMATION
PROGRAM, PHASE II PROJECT, CMWD 98-301
WHEREAS, the Board of Directors of the Carlsbad Municipal Water District of
Carlsbad, California, has determined it is necessary and in the public interest to enter into
two agreements on file in the City Clerks Office, one agreement between Black & Veatch
and Carlsbad Municipal Water District for a preliminary design report for the treatment
facilities and one agreement between John Powell & Associates for a preliminary design
report for pipelines, reservoirs and pumping stations for ‘the Encina Basin ’ Water ,‘.
“Reclamation Program, Phase II Project, CMWD 98-301; and .’
WHEREAS, the Board of Directors of the Carlsbad Municipal Water District of
Carlsbad, California, approves and authorizes the execution of the two agreements for
preliminary design reports for the Encina Basin Water Reclamation Program, Phase II
Project, CMWD 98-301; and
WHEREAS, the District requested proposals for preliminary design services for the
Encina Basin Water Reclamation Program, Phase II Project, CMWD 98-301, and received
three (3) proposals for a preliminary design report for treatment facilities and received six
(6) proposals for a preliminary design report for pipelines, reservoirs, and pumping stations;
and
WHEREAS, the District engineering staff reviewed the proposals and recommends
the proposals received from Black & Veatch for a preliminary design report for treatment
facilities and the proposal received from John Powell & Associates for a preliminary design
report for pipelines, reservoirs, and pumping stations as the most responsive, competent,
and at a reasonable price; and
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WHEREAS, the proposed amounts of $300,000 from Black & Veatch and $220,00 of
John Powell & Associates are available in the Fiscal Year 1998/99 Budget, therefor, there
are sufficient funds available for this project.
NOW, THEREFOR, BE IT RESOLVED, by the Board of Directors of the Carlsbad
Municipal Water District of Carlsbad, California as follows:
I. That the above recitations are true and correct.
2. That the proposals by Black & Veatch with an amount of $300,000 for a
preliminary design report for the treatment facilities and by John Powell & Associates with
an amount of $220,000 for a preliminary design report for pipelines, reservoirs and pumping
stations are accepted and approved.
3. That the funds in the amount of,$520,00 from the Fiscal Year 1998/99 Budget ’ : I : I . . Water Capital Replacement Fund are hereby appropriated, and ,the Finance Director is
directed to make the appropriate entries.’
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4. That the President is authorized and directed to execute both agreements, one
between Black & Veatch and Carlsbad Municipal Water District for a preliminary design
report for the treatment facilities and one between John Powell & Associates and Carlsbad
Municipal Water District for a preliminary design report for pipelines, reservoirs and pumping
stations for the Encina Basin Water Reclamation Program, Phase II, CMWD 98-301.
PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad
Municipal Water District of Carlsbad, California held on 11 th day of May I
1999, by the following vote to wit:
AYES: Board Members Lewis, Finnila & Nygaard
NOES: None
ABSENT: Board Members Hall & Kulchin/
ATTEST:
KAREN R. KUNDTZ, Assistant Secretary
(SEAL)
CMWD 98-301
R:\CMWD\Engineering\BlLL\98-301 Res Encina Basin De.sign.doc
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A.
City of Carlsbad
May 17,1999
Black & Veatch Corporation
James H. Clark, V.P.
6 Venture, Suite 315
Itvine, CA 92618024
AgREEMEN FOR PREUMINARY DESIGN REPORT FOR TREATMENT FACliirlES FOR ,I ENCIbtA BASIN WATER RECLAMATION PROGRAM
PkUiSE-If, PROJECT NO. CMWD 98401
Enclosed for your reference are copies of Carlsbad Municipal Water District
Agenda Bill no. 441, and Resolution 1049. These documents went before the
Water District Board on May 11, 1999, where the Resolution was adopted.
Also enclosed is a fully executed original agreement for your files.
If you have questions concerning your project please contact Mr. Bob Greaney,
in the Water District, at (760) 438-2722.
Kathleen D. Shoup
Sr. Office Specialist
1200 Carlsbad Village Drive l Carlsbad, CA 92008-l 989 * (760) 434-2808 a9
May 17,1999
John Powell & Associates
Mr. John Powell, P.E.
175 Calle Magdalena, Ste. 101
Encinitas, CA 92024
AGREEAljENT’FdR Pk&lMINARY DESIGN REPORT FOR PIPELINES;
RESERV’OIRS~AND PirrMPlNG STATIONS - ENCINA BASIN WATER
RECLAMATION PROGRAM PHASE II. PROJECT NO. CMWD 98&l
Enclosed for your reference are copies of Carlsbad Municipal Water District
Agenda Bill no. 441, and Resolution 1049. These documents went before the
Water District Board on May 1 I, 1999, where the Resolution was adopted.
Also enclosed is a fully executed original agreement for your files.
If you have questions concerning your project please contact Mr. Bob Greaney,
in the Water District, at (760) 438-2722.
Kathleen D. Shoup
Sr. Office Specialist
1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 * (760) 434-2808 a9