Item 5 - Award of Agmt to Woodard & Curan, Inc. for 2020 Urban Water Management Plan; RFP No. 21-004AGENDA RE PO RT City of Poway
CITY COUNCIL
DATE: October 6, 2020
TO:
FROM:
Honorable Mayor and Members of the City Council
Eric Heidemann, Director of Public Works
CONTACT:
SUBJECT:
Summary:
Troy DePriest, Assistant Director of Public Works for Utilitiesil)p(858)668-4750 or tdepriest@poway.org
Award of Agreement to Woodard & Curran, Inc. for Preparation of the 2020
Urban Water Management Plan, RFP No. 21-004
A notice inviting proposals for the 2020 Urban Water Management Plan ("UWMP") was duly advertised
on July 16, 2020. Two proposals were received on August 11, 2020. Woodard & Curran, Inc. has been
selected as the firm that best meets the evaluation criteria and suits the needs of the City to complete
the 2020 UWMP. The total cost of the Agreement is not-to-exceed $59,990 and is effective from the
period commencing October 7, 2020, through October 6, 2021. The Agreement may be extended for
up to two (2) additional one-year extensions, subject to Council appropriations. The maximum length
of the Agreement would be up to three years.
Recommended Action:
It is recommended that the City Council award the Agreement for the 2020 Urban Water Management
Plan, RFP No. 21-004, to Woodard & Curran, Inc. for a not-to-exceed amount of $59,990 and authorize
the City Manager to execute the necessary documents.
Discussion:
The California Department of Water Resources ("DWR") requires urban water suppliers that either
provide over 3,000 acre-feet of water annually or serve more than 3,000 urban water connections, to
submit an UWMP every five years (California Water Code §10610-§10656 and §10608). The 2020
UWMP will support the City of Poway's ("City'') long-term water resource planning to ensure that
adequate water supplies are available to meet existing and future water needs.
The 2020 UWMP must
•Assess the reliability of water sources over a 20-year planning time frame;•Describe demand management measures and water shortage contingency plans;•Report progress toward meeting a targeted reduction in per-capita (per person) urban water
consumption by the year 2025; and•Discuss the use and planned use of recycled water.
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The DWR provides direction for the development of UWMPs by issuing a guidebook, developing tools
and conducting workshops. The 2020 UWMP Guidebook draft was released on September 2, 2020,
with a comment period until September 23, 2020. It is anticipated that the final 2020 Guidebook will
include California Water Code changes that regulate urban water management planning in addition
to the above requirements. The 2020 UWMP will provide information on present and future water
supplies and demands and will provide an assessment of the City's water resource needs. It will serve
as a long-range planning document and will be used to accurately reflect future planning for the City's
service areas and its water supply. A draft 2020 UWMP will be brought to the City Council for a public
hearing in June 2021, and if adopted, the 2020 UWMP will be submitted to DWR for review and
approval by the deadline of July 1, 2021.
In order to select and retain a qualified consultant to support in the preparation of the 2020 UWMP
and meet DWR requirements and timeline, City staff prepared a detailed Request for Proposals (RFP).
The RFP was advertised on July 16, 2020. The City received two proposals on August 11, 2020. An
evaluation committee reviewed the proposals based on criteria set forth in the RFP, which included
thoroughness of the RFP, firm and project team qualifications, project understanding, and project
experience. Although cost was also a criteria factor, based on this type of service, the City is not
required to select the lowest bidder. The table below shows the not-to-exceed amounts from the
responsive proposers:
Table 1: RFP 21-004, Urban Water Management Plan
Responsive Proposers
West & Associates
Woodard & Curran, Inc. San Diego, CA $59,990
As a result of the proposal evaluation, the evaluation committee determined that Woodard & Curran,
Inc. provided the most comprehensive and best value proposal, had a clear understanding of DWR
requirements, and precisely defined the approach and methodology to achieve compliance with the
DWR requirements.
Furthermore, Woodard & Curran, Inc. has extensive experience preparing UWMPs, as well as the
development of water conservation plans and programs to meet state mandates. Woodard & Curran,
Inc., is currently providing key support to the San Diego County Water Authority's (SDCWA) 2020
UWMP, which provides them with an understanding of population projections and supply reliability,
and the detailed knowledge of SDCWA's schedule and implications for water retail agencies like the
City. Woodard & Curran, Inc's involvement in both plans will help streamline communication and
data-sharing efforts between the City and SDCWA and ensure the City's 2020 UWMP is compatible
with regional planning efforts.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
Funds are available in the Water Supply, Treatment and Storage Division's Fiscal Year 2020-21 Budget
(402060-17200) to award the Agreement to Woodard & Curran, Inc.
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Public Notification:
None.
Attachments:
A.Agreement with Woodard & Curran, Inc.
Reviewed/Approved By:
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
City Manager
October 6, 2020, Item #5
City of Poway STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 7th day of October, 2020, by and between the CITY
OF POWAY (hereinafter referred to as "City") and Woodard & Curran, Inc. (hereinafter referred
to as "Consultant").
RECITALS
WHEREAS, City desires to obtain the services of a private consultant to provide the
update to the 2020 Urban Water Management Plan; and
WHEREAS, Consultant is an engineering consultant and has represented that Consultant
possesses the necessary qualifications to provide such services; and
WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN
CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS:
1.Scope of Services.
Consultant shall provide services as described in Exhibit "A" entitled "SpecialProvisions" attached hereto and made a part hereof.
2.Compensation and Reimbursement.
City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled"Special Provisions" attached hereto and made a part hereof.
3.Term of Agreement.
The term of this Agreement shall be as described on Exhibit "A" entitled "Special
Provisions" attached hereto and made a part hereof.
4.Termination.
This Agreement may be terminated with or without cause by City. Termination
without cause shall be effective only upon 60-day written notice to Consultant. During said 60-
day period Consultant shall perform all consulting services in accordance with this Agreement.
This Agreement may be terminated by City for cause in the event of a material breach of this
Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination
for cause shall be effected by delivery of written notice of termination to Consultant. Such
termination shall be effective upon delivery of said notice.
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5.Confidential Relationship.
City may from time to time communicate to Consultant certain information toenable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the
prior written consent of the City. Consultant shall limit the use and circulation of such information,
even within its own organization, to the extent necessary to perform the services. The foregoing
obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has
been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant,
hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully
disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof
has been or is rightfully authorized by that third party.
Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.
6.Office Space and Clerical Support.
Consultant shall provide its own office space and clerical support at its sole costand expense.
7.Covenant Against Contingent Fees.
Consultant declares that it has not employed or retained any company or person,
other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that
it has not paid or agreed to pay any company or person, other than a bona fide employee, any
fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or
resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
8.Ownership of Documents.
All memoranda, reports, plans, specifications, maps and other documentsprepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand.
9.Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Consultant shall not act as consultant or performservices of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and
the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use
its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge ofany financial interests which would require it to disqualify itself from any matter on which it might perform services for the City.
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"Consultant" means an individual who, pursuant to a contract with a state or local agency:
(A)Makes a governmental decision whether to:
1.Approve a rate, rule or regulation;2.Adopt or enforce a law;3.Issue, deny, suspend, or revoke any permit, license, application,certificate, approval, order, or similar authorization or entitlement;4.Authorize the City to enter into, modify, or renew a contract providedit is the type of contract that requires City approval;5.Grant City approval to a contract that requires City approval and towhich the City is a party, or to the specifications for such a contract;6.Grant City approval to a plan, design, report, study, or similar item;7.Adopt, or grant City approval of, policies, standards, or guidelinesfor the City, or for any subdivision thereof; or
(B)Serves in a staff capacity with the City and in that capacity participates in makinga governmental decision as defined in the Political Reform Act and/orimplementing regulations promulgated by the Fair Political Practices Commission,or performs the same or substantially all the same duties for the City that would
otherwise be performed by an individual holding a position specified in the City'sConflict of Interest Code.
DISCLOSURE DETERMINATION:
� 1. Consultant/Contractor will not be "making a government decision" or"serving in a staff capacity" as defined in Sections A and B above. No disclosure required.
D 2.Consultant/Contractor will be "making a government decision" or "servingin a staff capacity" as defined in Sections A and B above. As a result,Consultant/Contractor shall be required to file a Statement of Economic Interestwith the City Clerk of the City of Poway in a timely manner as required by law.
Department Director
10.No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted,except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.
11.Maintenance of Records.
Consultant shall maintain all books, documents, papers, employee time sheets,accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3)
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years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
12.Independent Contractor.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant
accomplishes such services.
13.Licenses, Perm its, Etc.
Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense,
keep in effect at all times during the term of this Agreement, any license, permit, or approval which
is legally required for Consultant to practice its profession.
14.Consultant's Insurance.
Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special
Provisions" attached hereto and made a part hereof.
15.Indemnification.
(a)For Claims (as defined herein) other than those alleged to arise from Consultant'snegligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively,
"lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims,
actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and
expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which
lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers,
directors, sub-consultants or employees.
(b)For Claims alleged to arise from Consultant's negligent performance of
professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by
reason of or arising out of any injury to or death of any person(s), damage to property, loss of use
of property, economic loss or otherwise to the extent occurring as a result of Consultant's
negligent performance of any professional services under this Agreement, or by the negligent or
willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys'
fees to the extent caused by Consultant's negligence.
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( c)The foregoing obligations of Consultant shall not apply to the extent that the Claimsarise from the sole negligence or willful misconduct of City or its elected and appointed boards,
officials, officers, agents, employees and volunteers.
(d)In any and all Claims against City by any employees of the Consultant, anyone
directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts.
(e)Consultant shall, upon receipt of written notice of any Claim, promptly take all
action necessary to make a claim under any applicable insurance policy or policies Consultant is
carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement.
(f)The obligations described in Section 15(a) through (e) above shall not be
construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which
would otherwise exist as to any party or person indemnified pursuant to this Section 15.
(g)The rights and obligations of the parties described in this Section 15 shall survivethe termination of this Agreement.
16.Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee and not
covered by insurance maintained, or required by this Agreement to be maintained, by Consultant:
(a)Consultant hereby assumes the risk of any and all injury and damage to the personnel
(including death) and property of Consultant that occurs in the course of, or in connection with,the performance of Consultant's obligations under this Agreement, including but not limited to
Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be
liable for injury or damage which may be sustained by the person, goods or property of Consultant
or its employees in connection with Consultant's performance its obligations under this
Agreement, including but not limited to Consultant's Scope of Services.
17.Consultant Not an Agent.
Except as City may specify in writing, Consultant shall have no authority,
expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant
shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any
obligation whatsoever.
18.Personnel.
Consultant shall assign qualified and certified personnel to perform requested
services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s)
assigned by Consultant by giving oral or written notice to Consultant to such effect.
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Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.
19.Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions"
attached hereto and made a part hereof.
20.Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the lawsof the State of California. Each party to this Agreement consents to personal jurisdiction in San
Diego County, California, and hereby authorizes and accepts service of process sufficient for
personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for
giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such
action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including
its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees.
Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.
21.Gender.
Whether referred to in the masculine, feminine, or as "it," "Consultant" shall meanthe individual or corporate consultant and any and all employees of consultant providing services hereunder.
22.Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.
23.Entire Agreement.
This Agreement shall constitute the entire understanding between Consultant andCity relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall
be of any force or effect unless it is in writing and executed by the party to be bound thereby.
24.Certification and Indemnification Regarding Public Employees'Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing services to City by Contractor
are not current members of the California Public Employees' Retirement System (Cal PERS) and
shall not become members of CalPERS while providing services to City.
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Contractor further provides that in the event Contractor assigns a retired annuitant
receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section
7522.56 is attached hereto as Exhibit "B."
Further, Contractor hereby fully and unconditionally indemnifies City from all
penalties, fees, employer and employee contributions, or any other assessments imposed by
CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.
25.Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or
arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity,
illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect.
(Remainder of page intentionally left blank)
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IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.
CITY OF POWAY
By:-------------Chris Hazeltine, City Manager
Date: ------------
ATTEST:
Vaida Pavolas, City Clerk
APPROVED AS TO FORM:
By(Jk. 1vldb-
Alan Fenstermacher, City Attorney
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CONSULTANT
By:-----------Rosalyn Prickett, Principal-in-Charge
Date: ___________ _
October 6, 2020, Item #5
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall
consist of the services further described in the Scope of Services submitted with the proposals
dated August 11, 2020, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services.
B.Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the Fee Proposals submitted
with the proposals dated August 11, 2020, which are included in this document as Attachment 2. Total fee is not to exceed $59,990.00. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
In addition to said consulting fee, Consultant shall be reimbursed for all reasonable
expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in
performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates.
Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall
receive prior authorization for air travel and lodging expenses. All other expenses shall be
reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.
C.Term of Agreement.
This Agreement shall be effective from the period commencing October 7,2020, and ending October 6, 2021, unless sooner terminated by City as provided in the
section of this Agreement entitled "Termination." This Agreement may be extended for up to two
additional one-year periods upon approval in writing of the City Manager and Consultant. Upon
expiration or termination of this Agreement, Consultant shall return to City any and all
equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.
D.Consultant's Insurance.
1.Coverages:
Consultant shall obtain and maintain during the life of this Agreement all of
the following insurance coverages:
(a)Comprehensive General Liability. including premises-operations,products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate.
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(b)Automobile Liability. including owned, hired, and non-owned
vehicles: $1,000,000 combined single limit.
(c)Consultant shall obtain and maintain, during the life of theAgreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate.
( d)Workers' Compensation insurance in statutory amount. All of the
endorsements which are required above shall be obtained for the policy of Workers'
Compensation insurance.
2.Endorsements:
Endorsements shall be obtained so that each policy contains the following
three provisions:
(a)Additional Insured. (Not required for Professional Errors andOmissions Liability Insurance or Workers' Compensation.)
"City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City."
(b)Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c)Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed
boards, officers, agents, and employees. It is not secondary or in any way subordinate to any
other insurance or coverage maintained by City."
3.Insurance Certificates:
Consultant shall provide City certificates of insurance showing the insurance
coverages described in the paragraphs above, in a form and content approved by City, prior to
beginning work under this Agreement.
E.Notices.
All notices, billings and payments hereunder shall be in writing and sent to the
following addresses:
To City:
To Consultant:
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City of Poway P.O. Box 789
Poway, CA 9207 4
Woodard & Curran, Inc.
9655 Chesapeake Dr. San Diego, CA 92123
October 6, 2020, Item #5
APPENDIX
SCOPE OF SERVICES
ATTACHMENT 1
The Scope of Work for the project is outlined in the following paragraphs. Woodard & Curran
has made some revisions to the Scope of Work in the RFP to further define the tasks and/or
propose modifications to the tasks that will enhance the project. Additions are shown in
underline and deletions in strikeout.
Project Description: UWMPs are prepared by urban water suppliers every five years. These
plans support the suppliers' long-term resource planning to ensure that adequate water supplies are available to meet existing and future water needs. The City is requesting
proposals from interested engineering firms to perform the UWMP update to meet the
requirements of the Urban Water Management Planning Act ("Act") and the Water
Conservation Bill of 2009 (SB X7-7). In accordance with the Act, every water supplier that either provides over 3,000 acre-feet of water annually, or serves more than 3,000 urban
connections, is required to assess the reliability of its water sources over a 20-year planning
horizon and report its progress on 20 percent reduction in per capita urban water consumption
by the year 2020. In addition, in order for an agency to be eligible for Department of Water
Resources (DWR) grants or loans, the agency must have a current UWMP on file that has been deemed by DWR to comply with the requirements of the Water Code.
The following are general descriptions of the major work tasks:
TASK 1 -Project management and meetings
Coordination and communication between City staff, the consultant, agencies and other stakeholders.
1.Documentation review
2.Kickoff meeting
3.Project administration
4.Prepare schedules
5.Project quality assurance/quality control program
6.Progress meetings and reporting
7.Management support and presentations to include the following at minimum:
a)Attend the City Council public hearing
8.Meetings shall be held as often as deemed necessary, with meetings between
Consultant and City's UWMP team assumed at least monthly for the duration of
the project. Project team meetings with project stakeholders will be held asneeded. Minutes of all the meetings will be prepared by the Consultant and
furnished to attendees and concerned parties within five working days of the
meeting.
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ATTACHMENT 1
TASK 2 -Data collection and review of background documents
Review existing documentation, records and GIS maps. Data to be requested from the City is expected to include, but is not limited to, current GIS shapefiles of the City's
boundaries, water distribution, and recycled water distribution systems, 2020 water use
data by customer class, A'MNA Water Loss Audits for the past five years, and
information on proposed or anticipated developments that were not previously incorporated into SANDAG's Interim Series 14 model, which forms the basis for the San
Diego County Water Authority's 2020 UWMP projections.
TASK 3 -Outreach to and coordination with other agencies and
stakeholders
1.Coordination with County Water Authority to provide data for use in preparing theUWMP; to obtain water supply forecasts, reliability assessments, and watershortage contingency planning for the region; and for discussion of imported water
quality.
2.Coordination with DWR as necessary.
3.Draft notice of UWMP preparation.
TASK 4 -UWMP Preparation and Submittal
1.Update description including maps, description of climate, population anddemographics
2.Calculate and describe system water use:
a)Water use by sector
b)Water use for lower income households
c)Optional tasks consultant to provide recommendation:
d)Water savings from codes, standards, etc., as expected to be required by DWR's2020 Guidebook
e)Climate change impacts on water use, as expected to be required by DWR's 2020
Guidebook
3.Calculate and describe baselines and targets
a)
b)
c)
d)
e)
f)
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Revise population estimates as required by DWR, anticipated to be derived from
County Water Authority and SANDAG projections, or from DWR's Population Tool
Modify the City's existing water service area and recycled water service area
boundary maps to meet DWR requirements
Prepare boundary maps as required to reflect changes during the baseline period
Recalculate baseline and target gpcd values
Prepare Gross Water Use for each baseline year utilizing the City's billing records,
production records, etc.
Calculate baseline and target gpcd
2 October 6, 2020, Item #5
ATTACHMENT 1
4.Quantify and describe system water supplies and water sources, existing andprojected:
a)Water imported from San Diego County Water Authority
b)Wastewater collection, treatment and disposal
c)Title 22 recycled water
d)Planned potable reuse
e)Optional Climate change impacts to supply, as expected to be required by
DWR's 2020 Guidebook. Consultant provides recommendation
5.Update Water Supply Reliability Assessment
6.Update Water Shortage Contingency Planning
7.Describe Demand Management Measures
8.Prepare the optional water energy intensity report
9.Submit Plan to □WR electronically, to include data entry of plan to the on line WUE
database
10.Respond to questions from the public and DWR
11.Collate all data into prescribed format described in guidelines
TASK 5 -Presentations
1.Prepare materials including exhibits, presentations and notices
2.Presentation to staff at meetings
3.Presentation to the City Council at the public hearing
TASK 6 -Project Deliverables
Consultant shall provide five (5) copies of all draft deliverables and 3 copies of all final deliverables unless otherwise specified. Additionally, an electronic version (indexed
Adobe Acrobat format) of each deliverable shall be provided.
1.Technical memorandums on the major topics of the UWMP prior to the 75%submittal
2.75% Draft, 100% Draft Final, Final
a)All text, databases and graphics
b)Graphic displays for City Council public hearing or other meetings
3.Supporting documentation after final document is complete
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c)Word files
d)Excel files
e)PowerPoint files
f)Calculations including assumptions and methodologies used
3 October 6, 2020, Item #5
ATTACHMENT 1
g) Correspondence with DWR, CWA and other external stakeholders
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.... 00 0 .... N N
FEE PROPOSAL
Cost Breakdown By Task For URBAN WATER MANAGEMENT PLAN Estimated hours per task and labor category. Consultant will invoice the City for actual hours expended per task, not to exceed the contract amount.
Task 1: Project Task 2: Task 3: Task 4: Labor Management/ Data Outreach/ UWMP Task 5: Task 6: Project Total Hours Total Cost Category Meetings Collection Coordination Preparation/ Presentation Deliverables Submittal
Principal $1,156.00 $0.00 $578.00 $0.00 $0.00 $578.00 8 $2,312.00
Project $8,736.00 $1,092.00 $1,365.00 $3,276.00 $2,184.00 $4,095.00 76 $20,748.00 Manager
Compliance $1,028.00 $257.00 $0.00 $0.00 $0.00 $2,827.00 16 $4,112.00 and QA/QC
Water Resources $2,988.00 $2,988.00 $996.00 $14,608.00 $1,328.00 $5,976.00 174 $28,884.00 Engineer
Technical $452.00 $0.00 $0.00 $0.00 $0.00 $1,582.00 18 $2,034.00 Writer
Admin $1,130.00 $0.00 $0.00 $0.00 $0.00 $0.00 10 $1,130.00
Total Labor $15,490.00 $4,337.00 $2,939.00 $17,884.00 $3,512.00 $15,058.00 302 $59,220.00
Other Direct $110.00 $0.00 $0.00 $0.00 $0.00 $660.00 0 $770,00 Costs
TOTAL $15,600.00 $4,337.00 $2,939.00 $17,884.00 $3,512.00 $15,718.00 302 $59,990.00 CONTRACT October 6, 2020, Item #5
ATTACHMENT 2
Hourly Service Rate
Labor Category Hourly Rate (Examples of position titles. Actual
positions and titles may be different and
must be filled in by the proposer)
Principal $289
Project Manager $273
Compliance and QA/QC $257
Water Resources Engineer $166
Technical Writer $113
Admin $113
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EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular
Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7
Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public
Employees' Pension Reform Act of 2013
§7522.56. Provisions applicable to person receiving pension benefit from publicretirement system; Section supersedes conflicting provisions
(a)This section shall apply to any person who is receiving a pension benefit from a public
retirement system and shall supersede any other provision in conflict with this section.
(b)A retired person shall not serve, be employed by, or be employed through a contract
directly by, a public employer in the same public retirement system from which the retiree
receives the benefit without reinstatement from retirement, except as permitted by this
section.
(c)A person who retires from a public employer may serve without reinstatement from
retirement or loss or interruption of benefits provided by the retirement system upon
appointment by the appointing power of a public employer either during an emergency to
prevent stoppage of public business or because the retired person has skills needed to
perform work of limited duration.
( d)Appointments of the person authorized under this section shall not exceed a total for all
employers in that public retirement system of 960 hours or other equivalent limit, in a
calendar or fiscal year, depending on the administrator of the system. The rate of pay for the
employment shall not be less than the minimum, nor exceed the maximum, paid by the
employer to other employees performing comparable duties, divided by 173.333 to equal an
hourly rate. A retired person whose employment without reinstatement is authorized by this
section shall acquire no service credit or retirement rights under this section with respect to
the employment unless he or she reinstates from retirement.
(e)
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(!)Notwithstanding subdivision (c), any retired person shall not be eligible to serve
or be employed by a public employer if, during the 12-month period prior to an
October 6, 2020, Item #5
appointment described in this section, the retired person received any unemployment
insurance compensation arising out of prior employment subject to this section with
a public employer. A retiree shall certify in writing to the employer upon accepting
an offer of employment that he or she is in compliance with this requirement.
(2)A retired person who accepts an appointment after receiving unemployment
insurance compensation as described in this subdivision shall terminate that
employment on the last day of the current pay period and shall not be eligible for
reappointment subject to this section for a period of 12 months following the last day
of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period
of 180 days following the date of retirement unless he or she meets one of the following
conditions:
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(1 )The employer certifies the nature of the employment and that the appointment is
necessary to fill a critically needed position before 180 days have passed and the
appointment has been approved by the governing body of the employer in a public
meeting. The appointment may not be placed on a consent calendar.
(2)
(A)Except as otherwise provided in this paragraph, for state employees, the state
employer certifies the nature of the employment and that the appointment is
necessary to fill a critically needed state employment position before 180 days
have passed and the appointment has been approved by the Department of
Human Resources. The department may establish a process to delegate
appointing authority to individual state agencies, but shall audit the process to
determine if abuses of the system occur. If necessary, the department may assume
an agency's appointing authority for retired workers and may charge the
department an appropriate amount for administering that authority.
(B)For legislative employees, the Senate Committee on Rules or the Assembly
Rules Committee certifies the nature of the employment and that the
appointment is necessary to fill a critically needed position before 180 days have
passed and approves the appointment in a public meeting. The appointment may
not be placed on a consent calendar.
(C)For employees of the California State University, the Trustees of the California
State University certifies the nature of the employment and that the appointment is
necessary to fill a critically needed position before 180 days have passed and
approves the appointment in a public meeting. The appointment may not be placed
on a consent calendar.
(3)The retiree is eligible to participate in the Faculty Early Retirement Program
pursuant to a collective bargaining agreement with the California State University
that existed prior to January 1, 2013, or has been included in subsequent agreements.
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(4)The retiree is a public safety officer or firefighter hired to perform a function or
functions regularly performed by a public safety officer or firefighter.
(g)A retired person who accepted a retirement incentive upon retirement shall not be eligible
to be employed pursuant to this section for a period of 180 days following the date of
retirement and subdivision (f) shall not apply.
(h)This section shall not apply to a person who is retired from the State Teachers'
Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the
Education Code.
(i)This section shall not apply to (1) a subordinate judicial officer whose position, upon
retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to
work in the converted position, and the employer is a trial court, or (2) a retiree of the
Judges' Retirement System or the Judges' Retirement System II who is assigned to serve in a
court pursuant to Section 68543.5.
History
Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January1, 2013; Stats 2014 ch 238 § 1 (AB 2476). effective January 1, 2015.Annotations
Notes
Amendments:
Note--
Amendments:
2013 Amendment:
Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(I) and (f)(2); (2)
"or firefighter hired to perform a function or functions regularly performed by a public safety
officer or firefighter" for "of firefighter" in subd (f)( 4 ); and (3) "Judges' Retirement System" for
"Judges' Retirement System I" in subd (i).
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