HomeMy WebLinkAbout2011/12/06 Item 14[TY CC)UNC[L
STATEMENT
~~ CITY OF
CHULA VISTA
12/6/11, Item ~`
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AWARDING A CONTRACT FOR THE
DEVELOPMENT OF A WASTEWATER MASTER PLAN UPDATE
TO INFRASTRUCTURE ENGINEER G CORPORATION (IEC)
SUBMITTED BY: DIRECTOR OF PUBLIC WORKS
ASSISTANT DIREC OR OF EN
REVIEWED BY: CITY MANAGE
ASSISTANT CITY ANAGER Cj"~
4/STHS VOTE: YES ^ NO
SUMMARY
The Wastewater Master Plan provides a comprehensive review and evaluation of the City of
Chula Vista's wastewater collection, conveyance and treatment capacity requirements under
existing and ultimate City build-out conditions. The last Wastewater Master Plan was prepared
in 2005. The 2005 Wastewater Master Plan analyzed the City's wastewater collection system
and infrastructure's ability to support the City's demand for the next 19 years. Since that time,
the City has had changes in planned development, reduced flows due to water conservation
efforts and increased vacancy rates: all of which have an impact on wastewater. In addition,
current best practices require that the City develop acomprehensive- asset management plan for
the sewer collection system, which plan would guide the City in managing its existing capital
assets. In order to accomplish the foregoing, staff recommends that a contract be awarded to
Infrastructure Engineering Corporation (IEC) for developing a Wastewater Master Plan Update.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA} and has determined that the proposed
activity qualifies for a Class 6 categorical exemption pursuant to Section 15306 (Information
Collection) of the State CEQA Guidelines because the proposal seeks to develop and prepare a
Wastewater Master Plan Update leading to an action or actions that the City of Chula Vista has
not yet approved, adopted, or funded. Thus, no further environmental review is necessary.
RECOMMENDATION
Council adopt the resolution.
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Page 2 of 4
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
The City provides sanitary sewer service for all areas within the City limits and owns, operates,
and maintains, more than 500 miles of sewer main lines, 13 pump stations and approximately
12,000 manholes. The City of Chula Vista is divided into eight sewer basins that outflow into
regional sewage facilities located to the west of Chula Vista and south of the San Diego Bay and
to the north of the Sweetwater River. Wastewater flows are ultimately conveyed to transmission
and treatment facilities operated by the City of San Diego's Metropolitan Wastewater
Department (METRO).
In 2005, the City updated its Wastewater Master Plan to analyze the City's wastewater collection
system and determine the infrastructure's ability to support the City's demand for the next 19
years. Since that time, the City has had various changes in planned development; therefore, past
infrastnicture plam7ing assumptions should be reexamined. It is essential that a new study
incorporate local economic, planning, population data, water conservation trends, and vacancy
rates to properly identify the build-out capacity and the improvements required to sustain future
development and meet build-out demands.
This Master Plan will serve as the City's road map for providing adequate wastewater system
capacity to accommodate growth and ultimate City build-out conditions. It will identify existing
system deficiencies, projected growth, recommend capital improvement projects, and develop
financing plans to fiend needed infrastntcture for the next 40 years. It shall also provide the City
with a comprehensive asset management plan that guides the City in managing its capital assets.
On May 20, 2011, a Request for Proposals (RFP) to develop a Wastewater Master Plan Update
was circulated with the following major tasks:
1. Sewage Generation: To establish a sewage generation rate based on the 2010 census,
City's flow monitoring data and water conservation trends. The revised sewage
generation rate will be utilized to estimate the additional treatment capacity that must be
secured by the City to meet buildout sewer demands.
2. Capacity Fees: To set the sewer capacity fee per Equivalent Dwelling Unit (EDU) that
needs to be collected for new development in order to finance sewer lines and treatment
capacity upgrades needed to accommodate this development. The fee will ensure that
adequate revenues are collected to accommodate the acquisition of additional treatment
capacity or constriction of an independent wastewater reclamation facility in accordance
with the 2011 feasibility study. The report shall include the calculation methodology for
the recommended capacity fee recommendations.
3. Wastewater Asset Management Pro ram (WAMP~: To extend the life of wastewater
system assets, optimize maintenance and renewal by recommending improvements to the
collection system. The WAMP will enable the City to meet service levels at an
acceptable level of risk and lowest life cycle cost of the asset.
4. CII': To develop a capital improvement plan (CIP) by identifying existing sewer
deficiencies and recommending facility improvements to accommodate growth and
ultimate City buildout conditions.
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12/6/11, Item ~~
Page 3 of 4
5. Model: Deliver a completed functional model of the sanitary sewer- system for City use.
The City will provide all pertinent Infoworks hydraulic model input data.
Consultant Selection Process
On June 8, 2011, the City Manager approved the formation of the selection committee for this
project in accordance with Section 2.57 of the Chula Vista Municipal Code (see Attachment 1).
The selection committee for this project was formed with the following members:
• Iracsema Quilantan, Assistant Director of Engineering
• Matt Little, Assistant Director of Public Works
• Frank Rivera, Principal Civil Engineer
• Tom Adler, Principal Civil Engineer
• Roberto Yano, Senior Civil Engineer
However, two members of the selection committee were not able to attend the interview process
and the final selection committee was formed by Matt Little, Tom Adler and Roberto Yano.
On June 30, 2011, City staff received proposals from four firms. Since all four firms met the
qualifications stated in the RFP, they were all invited to the interview process. The selection
committee conducted interviews based on the following criteria:
• Summary of project staffing level for wastewater financial services
• Discussion of the project schedule and major task components and the critical path
through substantial completion
• Approach as it relates to the objectives stated in the RFP
• Other relevant information that might affect the Wastewater Master Plan Update
The interviews were held on August 15, 2011. The results of the interview process are as
follows:
Firm Final Cost Proposal
Rank
Infrastructure Engineering Corporation (IEC) 1 $307,415
Atkins (formerly PBS&J) 2 $398,036
HDR Engineering, Inc. 3 $369,200
Tran Consulting Engineers 4 $300,830
After an in-depth review of the finalists, the selection committee concluded that IEC should be
ranked as the number one negotiation preference. IEC has successfully completed more than 40
planning projects as a team over the past 10 years. IEC has extensive local and regional
experience in the preparation of wastewater master plans, and it is currently completing planning
studies for the City of Mountain View, Vallecitos Water District, City of Hesperia, Leucadia
Wastewater District, Eastern Municipal Water District, Rancho California Water District and
Olivenhain Municipal Water District. In addition, IEC is currently providing as-needed contracts
with the Leucadia Wastewater District, Eastern Municipal Water District, County of San Diego,
City of National City, City of Hesperia and Olivenhain Municipal Water District. Their
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12/6/11, Item ~'~
Page 4 of 4
presentation and responses demonstrated that they have a strong understanding of wastewater
financial and planning issues in the City of Chula Vista. For this reason, staff recommends that
Council adopt the resolution awarding the contract to IEC. The negotiated contract price was set
at $307,415. Staff allocated an additional $45,000 for contingencies.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site
specific and consequently the 500 foot rule found in California Code of Regulations section
18704.2(a)(1) is not applicable to this decision.
CURRENT YEAR FISCAL IMPACT.
There is no impact to the General Fund. Council approved Trunk Sewer Capital funding for this
project as part of the FY 2011-12 Capital Improvement Program, SW223 "Wastewater Master
Plan".
ONGOING FISCAL IMPACT
Wastewater Capital Improvement Projects resulting from the Wastewater Master Plan Update
are proposed to be budgeted in the City's Capital Improvement Fund and paid from Sewer funds.
ATTACHMENTS
Attachment 1-Selection Committee memo
Prepared by: Luis Pelayo, Associate Civil Engineer, Public Works- Engineering
J:\Engineer\AGENDA\CAS2011\12-06-11\Wastewater Master PlanREV.doc
14-4
~,TT'A~~~4MENT r
MEMO
Department of Public Works
DATE: June $, 2011
t~llf
c~ o
CH U 1A VlSfA
File: 0790-$~-SW223
TO: Jim Sandoval, City Manager
VIA: Scott Tulloch, Assistant City Manager ~
FROlvi: Richard Hopkins, Directoz of Public Work
Iracsema Quila ssistant Director of Engineering
L~%
SUIBJECT: Request for approval of a Selection Committee to evaluate qualifications and
interview eligible consultants providing professional services for the preparation
of a Wastewater Master Plan Update.
The scope of this Request for Proposals (RFP} is to retain a consultant to prepare a Wastewater
Master Plan that will: (1} establish a sewage generation rate, (2) set the sewer capacity fee for
new development, (3) evaluate the current sewer assets (infrastructure}, and (4) develop a C1P to
accommodate growth and ultimate City buildout conditions.
This RFP was issued on Friday, May 20, 20i 1 with a due date of Thursday, 3une 30, 2011. The
responsive consultants will be screened and ranked based on criteria set forth in the RFP.
Subsequently, the top three to five candidates will be interviewed and one consultant will be
recommended by the Selection Committee to be awarded the project, which will then be brought
forth to the City Council for approval.
In accordance with Section 257 of the Chuia Vista Municipal Code, we are requesting your
approval to appoint the fallowing people to form the subject committee that will be zesponsible
to evaluate the qualifications and interview the successful respondents as necessary to select a
qualified consultant:
Iracsema Quilantan, Assistant Director of Engineering
Matt Lzttle, Assistant Director of Public Works
Frank Rivera, Principal Civil Engineer
Tom Adler, Principal Civil Engineer
Roberto Yano; Senior Civil Engineer
Please sign and return this sheet if you concur with the recommendation to appoint the above
listed comn~.ttee members, Thank you.
Approve
Ji andoval, City Manager
J:1Engineer~SEWER\W~(P SSIvIl' VER7v1IN1WWN(P\?.dvertiselWVJVIP RFQ selection committee Memo.doc
14-5
RESOLUTION NO.2011-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AWARDING A CONTRACT FOR THE
DEVELOPMENT OF A WASTEWATER MASTER PLAN
UPDATE TO INFRASTRUCTURE ENGINEERING
CORPORATION (IEC)
WHEREAS, the Wastewater Master Plan provides a comprehensive review and
evaluation of the City of Chula Vista's wastewater collection, conveyance and treatment capacity
requirements under existing and ultimate City build out conditions; and
WHEREAS, the last Wastewater Master Plan was prepared in 2005; and
WHEREAS, the 2005 Wastewater Master Plan analyzed the City's wastewater collection
system and infrastructure's ability to support the City for the next 19 years; and
WHEREAS, the City has had changes in planned development; therefore, past
infrastructure planning assumptions need to be revisited; and
WHEREAS, the City must also identify the City's ultimate capacity requirements to
properly address where the City is in its growth in order to meet build-out sewer demands; and
WHEREAS, the update will also identify system deficiencies, recommend capital
improvement projects and develop financing plans to fund needed infrastructure for the next 40
years; and
WHEREAS, on May 20, 2011, the City of Chula Vista's Engineering Division advertised
the Request for Proposal (RFP) to provide consultant services necessary to prepare the
Wastewater Master Plan Update; and
WHEREAS, on June 30, 2011, the City of Chula Vista's Engineering Division received
four (4) proposals to provide consultant services for the preparation of the study; and
WHEREAS, the Consultant selection process has been conducted in accordance with
Section 2.56.110 of the Chula Vista Municipal Code; and
WHEREAS, the selection panel has determined that IEC is the firm best qualified to
undertake the services described in the Agreement; and
WHEREAS, IEC warrants and represents that they are experienced and staffed in a
manner such that they are and can prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the terms and conditions of this
Agreement.
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Resolution No.
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve an agreement with Infrastructure Engineering Corporation (IEC) for
the preparation of a Wastewater Master Plan Update for the City of Chula Vista.
Presented by
Richard A. Hopkins
Director of Public Works
14-7
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROV L BY
THE CITY CO~TNCIL ....---
~,
Googins
Ci,y Attorney
Dated:
AGREEMENT
BETWEEN
THE CITY OF CHULA VISTA, AND
INFRASTRUCTURE ENGINEERING CORPORATION FOR
DEVELOPING A WASTEWATER MASTER PLAN UPDATE
14-8
Parties and Recital Page(s)
Agreement between
City of Chula Vista
and
Infrastructure Engineering Corporation
for Developing a Wastewater Master Plan Update
This agreement ("Agreement"), dated (date of Council approval) for the purposes of
reference only, and effective as of the date Last executed unless another date is otherwise
specified in Exhibit A, Paragraph 1, is between the City-related entity as is indicated on Exhibit
A, Paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, Paragraph 3, and
the entity indicated an the attached Exhibit A, Paragraph 4, as Consultant, whose business form
is set forth on Exhibit A, Paragraph 5, and whose place of business and telephone numbers are
set forth on Exhibit A, Paragraph 6 ("Consultant"), and is made with reference to the following
facts:
Recitals
,~
WHEREAS, the update of the Wastewater Master Plan is needed to identify and analyze
the City's current and future needs for wastewater conveyance, treatment, and disposal, and;
WHEREAS, the City requires that a consulting firm develop a Wastewater Master Plan
Update (Plan). The purpose of the Plan is to: (1) establish a sewage generation rate based on the
2010 census, City's flow monitoring data and water conservation trends, (2) set the sewer
capacity fee per Equivalent Dwelling Unit (EDU) that needs to be collected for new development
in order to finance sewer and treatment capacity upgrades needed to accommodate this
development, (3} evaluate the current wastewater collection system to ensure the sewer assets
(infrastnicture) continue to provide the required level of service, and (4) develop a CIP by
identifying existing sewer deficiencies and recommending facility improvements to
accommodate growth and ultimate City buildout conditions, and;
WHEREAS, on May 20, 2011, the City of Chula Vista's Engineering Division
advertised the Request for Proposal (RFP) to provide consultant services necessary to prepare the
Wastewater Master Plan Update, and;
WHEREAS, on June 30, 2011, the City of Chula Vista's Engineering Division received
four (4} proposals to provide consultant services for the preparation of the Wastewater Master
Plan Update, and;
WHEREAS, the Consultant selection process has been conducted in accordance with
Section 2.56.110 of the Chula Vista Municipal Code. The selection panel has determined that
Consultant is the firm best qualified to undertake the services described in the Agreement; and,
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14-9 v
WHEREAS, Consultant warrants and represents that they are experienced and staffed in
a manner such that they are and can prepare and deliver the services required-of Consultant to
City within the time frames herein provided all in accordance with the terms and conditions of
this Agreement;
(End of Recitals. Next Page starts Obligatory Provisions.)
Page
14-10 v
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually
agree as follows:
All of the Recitals above are hereby incorporated into this Agreement.
A. General
ARTICLE I. CONSULTANT'S OBLIGATIONS
1. General Duties. Consultant shall perform all of the services described on the attached
Exhibit A, Paragraph 7, entitled "General Duties".
2. Scope of Worlc and Schedule. In the process of performing and delivering said "General
Duties", Consultant shall also perform all of the services described in Exhibit A,
Paragraph S, entitled "Scope of Work and Schedule", not inconsistent with the General
Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and
deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the
time frames set forth therein, time being of the essence of this Agreement. The General
Duties and the work and deliverables required in the Scope of Work and Schedule shall
be herein referred to as the "Defined Services". Failure to complete the Defined Services
by the times indicated does not, except at the option of the City, terminate this
Agreement.
i. Reductions in Scope of Work. City may independently, or upon request from
Consultant, from time to time, reduce the Defined Services to be performed by the
Consultant under this Agreement. Upon doing so, City and Consultant agree to meet
in good faith and confer for the purpose of negotiating a corresponding reduction in
the compensation associated with said reduction.
ii. Additional Services. In addition to performing the Defined Services herein set forth,
City may require Consultant to perform additional consulting services related to the
Defined Services ("Additional Services"), and upon doing so in writing, if they are
within the scope of services offered by Consultant, Consultant shall perform same on
a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A,
Paragraph 10(C), unless a separate fixed fee is otherwise agreed upon. All
compensation for Additional Services shall be paid monthly as billed.
3. Standard of Care. The Consultant expressly warrants that the work to be performed
pursuant to this Agreement, whether Defined Services or Additional Services, shall be
performed in accordance with the standard of care ordinarily exercised by members of
the profession currently practicing under similar conditions and in similar locations.
No Waiver of Standard of Care. Where approval by City is required, it is understood
to be conceptual approval only and does not relieve the Consultant of responsibility
for complying with all laws, codes, industry standards, and liability for damages
caused by negligent acts, errors, omissions, noncompliance with industry standards,
or the willful misconduct of the Consultant or its subcontractors.
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B. Application of Laws. Should a federal or state law pre-empt a local Iaw; or regulation, the
Consultant must comply with the federal or state law and implementing regulations. No
provision of the Agreement requires the Consultant to observe or enforce compliance with
any provision, perform any other act, or do any other thing in contravention of federal, state,
territorial, or local law, regulation, or ordinance. If compliance with any provision of the
Agreement violates or would require the Consultant to violate any law, the Consultant agrees
to notify City immediately in writing. Should this occur, the City and the Consultant agree
that they will make appropriate arrangements to proceed with or, if necessary, terminate the
Project, or portions thereof, expeditiously.
Subcontractors. Consultant agrees to take appropriate measures necessary to ensure that
ail Project participants, such as subcontractors, comply with all applicable laws,
regulations, ordinances, and policies, whether federal, state, or local, affecting Project
implementation. In addition, if a subcontractor is expected to fulfill any responsibilities of
the Consultant under this Agreement, the Consultant shall assure that the subcontractor
carries out the Consultant's responsibilities as set forth in this Agreement.
C. Insurance
1. General. Consultant must procure and maintain, during the period of performance of this
Agreement„ and for twelve (12) months after completion, policies of insurance from
insurance companies to protect against claims for injuries to persons or damages to
property that may arise from or in connection with the performance of the work under the
Agreement and the results of that work by the Consultant, his agents, representatives,
employees or subcontractors and provide documentation of same prior to commencement
of work.
2. Minimum Scope of Insurance. Coverage must be at least as broad as:
i. CGL. Insurance Services Office Commercial General Liability coverage (occurrence
Form CG0001).
ii Auto. Insurance Services Office Form Number CA 0001 covering Automobile
Liability, Code 1 (any auto).
iii. YVC. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
iv. E&O. Professional Liability or Errors & Omissions Liability insurance appropriate to
the Consultant's profession. Architects' and Engineers' coverage.
3. Minimum Limits of Insurance. Contractor must maintain limits no less than those
included in the table below:
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14-12
i. General Liability: $1,000,000 per occurrence for bodily injury, personal injury,
(Including (including death), and property damage. If Commercial General
operations, Liability insurance with a general aggregate limit is used, either
products and the general aggregate limit must apply separately to this
completed project/location or the general aggregate limit must be twice the
operations, as required occurrence limit.
applicable)
ii. Automobile $1,000,000 per accident for bodily injury, including death, and
Liability: property damage.
iii. Workers' Statutory
Compensation $1,000,000 each accident
Employer's $1,000,000 disease-policy limit
Liability: $1,000,000 disease-each employee
iv. Professional $1,000,000 each occurrence
Liability or Errors
& Omissions
Liability:
4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must
be declared to and approved by the City.
5. Other Insurance Provisions. The general liability, automobile liability, and where
appropriate, the worker's compensation policies are to contain, or be endorsed to contain,
the following provisions:
Additional InsuNeds. City of Chula Vista, its officers, officials, employees, agents,
and volunteers are to be named as additional insureds with respect all policies of
insurance, including those with respect to liability arising out of automobiles owned,
leased, hired or borrowed by or on behalf of the Consultant,. where applicable, and,
with respect to liability arising out of work or operations performed by or on behalf of
the Consultant, including providing materials, parts or equipment furnished in
connection with such work or operations. The general liability additional insured
coverage must be provided in the form of an endorsement to the contractor's
insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement
must not exclude Products/Completed Operations coverage.
ii. PYimaYy InsuYance. The Consultant's General Liability insurance coverage must be
primary insurance as it pertains to the City, its officers, officials, employees, agents,
and volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, or volunteers is wholly separate from the insurance of the
contractor and in no way relieves the contractor from its responsibility to provide
insurance.
iii. Cancellation. The insurance policies must include provisions stating that coverage
will not be canceled by either party, except after thirty (30) days' prior written notice.
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iv. Negligence. Coverage shall not extend to any indemnity coverage for the active
negligence of the additional insureds in any case where an agreement to indemnify
the additional insured would be invalid under Subdivision (b) of Section 2782 of the
Civil Code.
v. Waiver of Subrogation. Consultant's insurer will provide a Waiver of Subrogation in
favor of the City for each required policy providing coverage for the term required by
this Agreement.
6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or
Errors & Omissions coverage are written on a claims-made form:
i. Retro Date. The "Retro Date" must be shown, and must be before the date of the
contract or the beginning of the contract work.
ii. Maintenance and Evidence. Insurance must be maintained and evidence of insurance
must be provided for at Ieast five (5) years after completion of the contract work.
iii. Cancellation. If coverage is canceled ornon-renewed, and not replaced with another
claims-made policy form with a "Retro Date" prior to the contract effective date, the
Consultant must purchase "extended reporting" coverage for a minimum of five (5)
years after completion of contract work.
iv. Copies. A copy of the claims reporting requirements must be submitted to the City
for review.
7. Acceptability of Insurers. Insurance is to be placed with licensed insurers admitted to
transact business in the State of California with a current A.M. Best's rating of no less
than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the
State of California List of Eligible Surplus Lines Insurers ("LESLI") with a current A.M.
Best's rating of no less than A X. Exception may be made for the State Compensation
Fund when not specifically rated.
8. Verification of Coverage. Consultant shall furnish the City with original certificates and
amendatory endorsements affecting coverage required by Section C. The endorsements
should be on insurance industry forms, provided those endorsements or policies conform
to the contract requirements. All certificates and endorsements are to be received and
approved by the City before work commences. The City reserves the right to require, at
any time, complete, certified copies of all required insurance policies, including
endorsements evidencing the coverage required by these specifications.
9. Subcontractors. Consultants must furnish separate certificates and endorsements for each
subconsultant. All coverage for subconsultants is subject to all of the requirements
included in these specifications.
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10. Not a Limitation of Other Obli ations. Insurance provisions under this Article shall not
be construed to limit the Consultant's obligations under this Agreement, including
Indemnity.
D. Security for Performance
Performance Bond. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide a Performance Bond (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Performance
Bond"), then Consultant shall provide to the City a performance bond in the form
prescribed by the City and by such sureties which are authorized to transact such business
in the State of California, listed as approved by the United States Department of Treasury
Circular 570, http://www.fms.treas.~ov/c570, and whose underwriting limitation is
sufficient to issue bonds in the amount required by the agreement, and which also satisfy
the requirements stated in Section 995.660 of the Code of Civil Procedure, except as
provided otherwise by laws or regulations. All bonds signed by an agent must be
accompanied by a certified copy of such agent's authority to act.. Surety companies must
be duly licensed or authorized in the jurisdiction in which the Project is located to issue
bonds for the limits so required. Form must be satisfactory to the Risk Manager or City
Attorney which amount is indicated in the space adjacent to the term, "Performance
Bond", in said Exhibit A, Paragraph 18.
2. Letter of Credit. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled "Letter of Credit"), then
Consultant shall provide to the City an irrevocable letter of credit callable by the City at
their unfettered discretion by submitting to the bank a letter, signed by the City Manager,
stating that the Consultant is in breach of the terms of this Agreement. The letter of
credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk
Manager or City Attorney which amount is indicated in the space adjacent to the term,
"Letter of Credit", in said Exhibit A, Paragraph 18.
3. Other Security. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide security other than a Performance Bond or a Letter of Credit
(indicated by a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Other Security"), then Consultant shall provide to the City such
other security therein listed in a form and amount satisfactory to the Risk Manager or
City Attorney.
E. Business License. Consultant agrees to obtain a business license from the City and to
otherwise comply with Title 5 of the Chula Vista Municipal Code.
ARTICLE II. CITY OBLIGATIONS
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A. Consultation and Cooperation. City shall t~egularly consult the Consultant for the purpose
of reviewing the progress of the Defined Services and Schedule therein contained, and to
provide direction and guidance to achieve the objectives of this Agreement. The City shall
permit access to its office facilities, files and records by Consultant throughout the term of
the agreement. In addition thereto, City agrees to provide the information, data, items and
materials set forth on Exhibit A, Paragraph 9, and with the further understanding that delay in
the provision of these materials beyond thirty (30) days after authorization to proceed, shall
constitute a basis for the justifiable delay in the Consultant's performance of this agreement.
B. Compensation.
Following Receipt of Billing. Upon receipt of a properly prepared billing from
Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 17, but
in no event more frequently than monthly, on the day of the period indicated in Exhibit
A, Paragraph 17, City shall compensate Consultant for all services rendered by
Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 10,
adjacent to the governing compensation relationship indicated by a "checkmark" next to
the appropriate arrangement, subject to the requirements for retention set forth in
Paragraph 18 of Exhibit A, and shall compensate Consultant for out of pocket expenses
as provided in Exhibit A, Paragraph 11.
2. Supporting Information. Any billing submitted by Consultant shall contain sufficient
information as to the propriety of the billing, including properly executed payrolls, time
records, invoices, contracts, or vouchers describing in detail the nature of the charges to
the Project in order to permit the City to evaluate that the amount due and payable
thereunder is proper, and such billing shall specifically contain the City's account number
indicated on Exhibit A, Paragraph 17(C) to be charged upon making such payment.
3. Exclusions. In determining the amount of the compensation City will exclude any cost 1)
incurred prior to the effective date of this Agreement; 2) arising out of or related to the
errors, omissions, negligence or acts of willful misconduct of the Consultant, its agents,
employees, or subcontractors.
Errors and Oynissions. In the event that the City Administrator determines that the
Consultants' negligence, errors, or omissions in the performance of work under this
Agreement has resulted in expense to City greater than would have resulted if there
were no such negligence, errors, omissions, Consultant shall reimburse City for any
additional expenses incurred by the City. Nothing herein is intended to limit City's
rights under other provisions of this agreement.
4. Payment Not Final Approval. The Consultant understands and agrees that payment to the
Consultant for any Project cost does not constitute a City final decision about whether
that cost is allowable and eligible for payment under the Project and does not constitute a
waiver of any violation of Consultant of the terms of the Agreement. The Consultant
acknowledges that City will not make a final determination about the eligibility of any
cost until the final payment has been made on the Project or the results of an audit of the
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Project requested by the City has been completed, whichever occurs latest. If City
determines that the Consultant is not entitled to receive any portion of the compensation
due or paid, City will notify the Consultant in writing, stating its reasons. The Consultant
agrees that Project closeout will not alter the Consultant's responsibility to return any
funds due City as a result of later refunds, corrections, or other similar transactions; nor
will Project closeout alter the right of City to disallow costs and recover funds provided
for the Project on the basis of a later audit or other review.
Consultant's Obligation to Pay. Upon notification to the Consultant that specific
amounts are owed to City, whether for excess payments or disallowed costs, the
Consultant agrees to remit to City promptly the amounts owed, including applicable
interest.
ARTICLE III. ETHICS
A. Financial Interests of Consultant
Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A,
Paragraph 14, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the
purposes of the Political Reform Act conflict of interest and disclosure provisions, and
shall report economic interests to the City Clerk on the required Statement of Economic
Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if
none are specified, then as determined by the City Attorney.
2. No Participation in Decision.. Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in any way attempt to use
Consultant's position to influence a governmental decision in which Consultant knows or
has reason to know Consultant has a financial interest other than the compensation
promised by this Agreement.
3. Search to Determine Economic Interests. Regardless of whether Consultant is designated
as an FPPC Filer, Consultant warrants and represents that Consultant has diligently
conducted a search and inventory of Consultant's economic interests, as the term is used
in the regulations promulgated by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's knowledge, have an
economic interest which would conflict with Consultant's duties under this agreement.
4. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is
designated as an FPPC Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during the term of this
Agreement which would constitute a conflict of interest as prohibited by the Fair Political
Practices Act.
5. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated
as an FPPC Filer, Consultant further warrants and represents that Consultant will
immediately advise the City Attorney of City if Consultant learns of an economic interest
Page 9
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of Consultant's that may result in a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder. -
6. ~ecific Warranties Against Economic Interests. Consultant warrants, represents and
agrees:
i. That neither Consultant, nor Consultant's immediate family members, nor
Consultant's employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in any property which may be the subject
matter of the Defined Services, or in any property within 2 radial miles from the
exterior boundaries of any property which maybe the subject matter of the Defined
Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 14.
ii. That no promise of future employment, remuneration, consideration, gratuity or other
reward or gain has been made to Consultant or Consultant Associates in connection
with Consultant's performance of this Agreement. Consultant promises to advise City
of any such promise that may be made during the Term of this Agreement, or for
twelve months thereafter.
iii. That Consult~.nt Associates shall not acquire any such Prohibited Interest within the
Term of this Agreement, or for twelve months after the expiration of this Agreement,
except with the written permission of City.
iv. That Consultant may not conduct or solicit any business for any party to this
Agreement, or for any third party that maybe in conflict with Consultant's
responsibilities under this Agreement, except with the written permission of City.
IV. LIQUIDATED DAMAGES
A. Application of Section. The provisions of this section apply if a Liquidated Damages Rate
is provided in Exhibit A, Paragraph 13.
1. Estimating Damages. It is acknowledged by both parties that time is of the essence in the
completion of this Agreement. It is difficult to estimate the amount of damages resulting
from delay in performance. The parties have used their judgment to arrive at a reasonable
amount to compensate for delay.
2. Amount of Penalty. Failure to complete the Defined Services within the allotted time
period specified in this Agreement shall result in the following penalty: For each
consecutive calendar day in excess of the time specified for the completion of the
respective work assignment or Deliverable, the Consultant shall pay to the City, or have
withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A,
Paragraph 13 ("Liquidated Damages Rate").
3. Request for Extension of Time. If the performance of any act required of Consultant is
directly prevented or delayed by reason of strikes, lockouts, labor disputes, unusual
Paae ~~
14-18 v
governmental delays, acts of God, fire, floods, epidemics, freight embargoes, or other
causes beyond the reasonable control of the Consultant; as determined by the City,
Consultant shall be excused from performing that act for the period of time equal to the
period of time of the prevention or delay. In the event Consultant claims the existence of
such a delay, the Consultant shall notify the City's Contract Administrator, or designee, in
writing of that fact within ten (10) calendar days after the beginning of any such claimed
delay. Extensions of time will not be granted for delays to minor portions of work unless
it can be shown that such delays did or will delay the progress of the work.
ARTICLE V. INDEMNIFICATION
A. Defense, Indemnity, and Hold Harmless.
General Requirement. Except for liability for Professional Services covered under
Article V, Section (A)(2), Consultant shall defend, indemnify,~protect and hold harmless
the City, its elected and appointed officers and employees, from and against any and all
claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in
law or equity, to property or persons, including wrongful death, in any manner arising out
of or incident to any alleged acts, omissions, negligence, or willful misconduct of
Consultant, its officials, officers, employees, agents, and contractors, arising out of or in
connection with the performance of the Defined Services or this Agreement. This
indemnity provision does not include any claims, damages, liability, costs and expenses
(including without limitations, attorneys fees) arising from the sole negligence or sole
willful misconduct of the City, its officers, employees. Also covered is liability arising
from, connected with, caused by or claimed to be caused by the active or passive
negligent acts or omissions of the City, its agents, officers, or employees which may be in
combination with the active or passive negligent acts or omissions of the Consultant, its
employees, agents or officers, or any third party.
2. Professional- Services. For those professionals who are required to be licensed by the
state (e.g. architects, landscape architects, surveyors and engineers) ("Design
Professionals"), Design Professionals shall defend, indemnify and hold the City, its
officials, officers, employees, volunteers, and agents free and harmless from any and all
claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in
law or equity, to property or persons, including wrongful death, in any manner arising out
of, pertaining to, or relating to any negligence, errors or omissions, recklessness, or
willful misconduct of Design Professional, its officials, officers, employees, agents,
consultants, and contractors arising out of or in connection with the performance of the
Design Professional's Services. Also covered is liability arising from, connected with,
caused by, or claimed to be caused by the active or passive negligent acts or omissions of
the City, its agents, officers, or employees which may be in combination with the active
or passive negligent acts or omissions of the Design Professional, its employees, agents
or officers, or any third parry. The Design Professional's duty to indemnify, protect and
hold harmless shall not include any claims or liabilities arising from the sole negligence
or sole willful misconduct of the City, its agents, officers or employees. This section in
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no way alters, affects or modifies the Design Professional's obligation and duties under
this Agreement. -
3. Costs of Defense and Award. Included in the obligations in Sections 1 and 2, above, is
the Consultant's obligation to defend, at Consultant's own cost, expense and risk, any and
all aforesaid suits, actions or other legal proceedings of every lcind that may be brought or
instituted against the City, its directors, officials, officers, employees, agents and/or
vohinteers. Consultant shall pay and satisfy any judgment, award or decree that maybe
rendered against City or its directors, officials, officers, employees, agents and/or
volunteers, for any and all legal expense and cost incurred by each of them in connection
therewith.
4. Insurance Proceeds. Consultant's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its directors, officials, officers,
employees, agents, and/or volunteers.
5. Declarations. Consultant's obligations under Article V shall not be limited by any prior
or subsequent declaration by the Consultant.
6. Enforcement Costs. Consultant agrees to pay any and all costs City incurs enforcing the
indemnity and defense provisions set forth in Article V.
7. Survival. Consultant's obligations under Article V shall survive the termination of this
Agreement.
ARTICLE VI. TERMINATION OF AGREEMENT
A. Termination for Cause. If, through any cause, Consultant shall fail to fulfill in a timely and
proper manner Consultant's obligations under this Agreement, or if Consultant shall violate
any of the covenants, agreements or stipulations of this Agreement, City shall have the right
to terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents, data, studies, surveys,
drawings, maps, reports and other materials prepared by Consultant shall, at the option of the
City, become the property of the City, and Consultant shall be entitled to receive just and
equitable compensation, in an amount not to exceed that payable under this Agreement and
less any damages caused City by Consultant's breach, for any work satisfactorily completed
on such documents and other materials up to the effective date of Notice of Termination,.
B. Termination of Agreement for Convenience of City. City may terminate this Agreement
at any time and for any reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least thirty (30) days before the
effective date of such termination. In that event, all finished and unfinished documents and
other materials described hereinabove shall, at the option of the City, become City's sole and
exclusive property. If the Agreement is terminated by City as provided in this paragraph,
Consultant shall be entitled to receive just and equitable compensation, in an amount not to
Page 12
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exceed that payable under this Agreement, for any satisfactory work completed on such
documents and other materials to the effective date of such termination. Consultant hereby
expressly waives any and all claims for damages or compensation arising under this
Agreement except as set forth herein.
ARTICLE VII. RECORD RETENTION AND ACCESS
A. Record Retention. During the course of the Project and for three (3) years following
completion, the Consultant agrees and to maintain, intact and readily accessible, all data,
documents, reports, records, contracts, and supporting materials relating to the Project as City
may require.
B. Access to Records of Consultant and Subcontractors. The Consultant agrees to permit,
and require its subcontractors to permit City or its authorized representatives, upon request,
to inspect all Project work, materials, payrolls, and other data, and to audit the books,
records, and accounts of the Contractor and its subcontractors pertaining to the Project.
C. Project Closeout. The Consultant agrees that Project closeout does not alter the reporting
and record retention requirements of this Agreement.
ARTICLE VIII. PROJECT COMPLETION, AUDIT, AND CLOSEOUT
A. Project Completion. Within ninety (90} calendar days following Project completion or
termination by CITY, the Consultant agrees to submit a fmal certification of Project expenses
and audit reports, as applicable.
B. Audit of Consultants. The Consultant agrees to have performed financial and compliance
audits the City may require. The Consultant also agrees to obtain any other audits required
by City. The Consultant agrees that Project closeout will not alter the Consultant's audit
responsibilities. Audit costs are allowable Project costs.
C. Project Closeout. Project closeout occurs when City notifies the Consultant that City has
closed the Project, and either forwards the final payment or acknowledges .that the Consultant
has remitted the proper refund. The Consultant agrees that Project closeout by City does not
invalidate any continuing requirements imposed by the Agreement or any unmet
requirements set forth in a written notification from City
ARTICLE VIII. MISCELLANEOUS PROVISIONS
A. Assignability. The services of Consultant are personal to the City, and Consultant shall not
assign any interest in this Agreement, and shall not transfer any interest in the same (whether
by assignment or notation), without prior written consent of City.
Page 13
14-21
1. Limited Consent. City hereby consents to the assignment of the portions of the Defined
Services identified in Exhibit A, Paragraph 16 to the subconsultants identified thereat as
"Permitted Subconsultants".
B. Ownership, Publication, Reproduction and Use of Material. All reports, studies;
information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced under this Agreement shall be the sole and exclusive
property of City. No such materials or properties produced in whole or in part under this
Agreement shall be subject to private use, copyrights or patent rights by Consultant in the
United States or in any other country without the express written consent of City. City shall
have unrestricted authority to publish, disclose (except as maybe limited by the provisions of
the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in
part, any such reports, studies, data, statistics, forms or other materials or properties produced
under this Agreement.
C. Independent Contractor. City is interested only in the results obtained and Consultant shall
perform as an independent contractor with sole control of the manner and means of
performing the services required under this Agreement. City maintains the right only to
reject or accept Consultant's work products. Consultant and any of the Consultant's agents,
employees or represe,~tatives are, for all purposes under this Agreement, independent
contractors and shall not be deemed to be employees of City, and none of them shall be
entitled to any benefits to which City employees are entitled including but not limited to,
overtime, retirement benefits, worker's compensation benefits, injury leave or other leave
benefits. Therefore, City will not withhold state or federal income tax., social security tax or
any other payroll tax, and Consultant shall be solely responsible for the payment of same and
shall hold the City harmless with regard thereto.
1. Actions on Behalf of City. Except as City may specify in writing, Grantee shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever, as an
agent or otherwise. Grantee shall have no authority, express or .implied, to bind City or
its members, agents, or employees, to any obligation whatsoever, unless expressly
provided in this Agreement.
2. No Obligations to Third Parties. In connection with the Project, the Consultant agrees
and shall require that it's agents, employees, subcontractors agree that the City shall not
be responsible for any obligations or liabilities to any third party, including its agents,
employees, subcontractors, or other person or entity that is not a party to this Agreement.
Notwithstanding that the City may have concurred in or approved any solicitation,
subagreement, or third party contract at any tier, neither City shall have any obligations
or liabilities to such other party.
D. Administrative Claims Requirements and Procedures. No suit or arbitration shall be
brought arising out of this agreement, against the City unless a claim has first been presented
in writing and filed with the City and acted upon by the City in accordance with the
procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from
time to time be amended, the provisions of which are incorporated by this reference as if
Page 14
14-22
fully set forth herein, and such policies and procedures used by the City in the
implementation of same. Upon request by City, Consultant shall meet and confer in good
faith with City for the purpose of resolving any dispute over the terms of this Agreement.
E. Administration of Contract. Each party designates the individuals ("Contract
Administrators") indicated on Exhibit A, Paragraph 12, as said party's contract administrator
who is authorized by said party to represent them in the routine administration of this
agreement.
F. Term. This Agreement shall terminate when the Parties have complied with all executory
provisions hereof.
G. Attorney's. Fees. Should a dispute arising out of this Agreement result in litigation, it is
agreed that the prevailing party shall be entitled to a judgment against the other for an
amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party"
shall be deemed to be the party who is awarded substantially the relief sought.
H. Statement of Costs. In the event that Consultant prepares a report or document, or
participates in the preparation of a report or document in performing the Defined Services,
Consultant -shall include, or cause the inclusion of, in said report or document, a statement of
the numbers and cost in dollar amounts of all contracts and subcontracts relating to the
preparation of the report or document.
I. Consultant is Real Estate Broker and/or Salesman. If the box on Exhibit A, Paragraph 15
is marked, the Consultant and/or their principals is/are licensed with the State of California or
some other state as a licensed real estate broker or salesperson. Otherwise, Consultant
represents that neither Consultant, nor their principals are licensed real estate brokers or
salespersons.
Notices. All notices, demands or requests provided for or permitted to be given pursuant to
this Agreement must be in writing. All notices, demands and requests to be sent to any party
shall be deemed to have been properly given or served if personally served or deposited in
the United States mail, addressed to such party, postage prepaid, registered or certified, with
return receipt requested, at the addresses identified herein as the places of business for each
of the designated parties.
K. Integration. 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 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.
L. Capacity of Parties. Each signatory and party hereto hereby warrants and represents to the
other party that it has legal authority and capacity and direction from its principal to enter
into this Agreement, and that all resolutions or other actions have been taken so as to enable
it to enter into this Agreement.
Paae l~
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M. Governing Law/Venue. This Agreement shall be governed by and construed in accordance
with the laws of the State of California. Any action arising under or relating to this
Agreement shall be brought only in the federal or state courts located in San Diego County,
State of California, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista.
(End of page. Next page is signature page.)
pace 15
14-24 v
Signature Page
to
Agreement between
City of Chula Vista and
Infrastructure Engineering Corporation
for Developing a Wastewater Master Plan Update
IN WITNESS VJIIEREOF, City and Infrastructure Lngineertng Corporation have executed this
Agreement thereby indicating that they have read and understood sa3nc, and indicate their Rill.
and complete consent to its terms:
Dated:
City of Chula Vista
By:
Cheryl Cox, Mayor
Attest;
Donna Norris, City Clerk
Approved as to form:
Glen Goggins, City Attoniey
Dated:
Infrastructure Engineering Corporation
-----rte
y: `` ---
Presto~ ewis, President
Exhibit List to Agreemc-nt (X) Exhibit A.
Page 17
14-25
Exhibit A
to
Agreement between
City of Chula Vista
and
Infrastructure Engineering Corporation
1. Effective Date of Agreement: (Date of Council approval)
2. City-Related Entity:
(X} City of Chula Vista, a municipal chartered corporation of the State of California
()Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of
California
()Industrial Development Authority of the City of Chula Vista, a
()Other: , a [insert business form]
("City")
3. Place of Business for City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
4. Consultant:
Infrastructure Engineering Corporation
14271 Danielson Street
Poway, California 92064
5. Business Form of Consultant:
( )Sole Proprietorship
( )Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
14271 Danielson Street
Poway, California 92064
Voice Phone: (858} 413-2400
Fax Phone: (858) 413-2440
Page 18
14-26
7. General Duties: The Consultant shall prepare a Wastewater Plan Update (Plan) to the
satisfaction of the City's Director of Public Works.
The Plan will provide a comprehensive review and evaluation of the City of Chula Vista's
wastewater collection, conveyance, and treatment capacity requirements under existing and
ultimate City buildout conditions. The Plan will update the City's existing comprehensive plan
for identifying, prioritizing, constructing, and implementing sewer improvements citywide. The
Plan will support SANDAG's population growth as well as the City's General Plan. As such, the
Plan shall include a 40-year Capital Improvement Plan (CIP) which provides the basis for
recommending system improvements and related capacity fees, sewer rates and capital financing
plans.
The Plan will serve the City as an asset management document to determine the annual
rehabilitation, replacement and expansion of existing sewer facilities. In addition, it will identify
the need for additional facilities, thus the City could meet its sewer capacity sustained growth
and demands at the year 2050. The objectives of the Plan are as follows:
Objectives
1) Sewage Generation: To establish a sewage generation rate based on the 2010
census, City's flow monitoring data and water conservation trends. The revised
sewage generation rate will be utilized to estimate the additional treatment
capacity that must be secured by the City to meet buildout sewer demands.
2) Capacity Fees: To set the sewer capacity fee per Equivalent Dwelling Unit (EDU)
that needs to be collected for new development in order to finance sewer and
treatment capacity upgrades needed to accommodate this development. The fee
will ensure that adequate revenues are collected to accommodate the acquisition
of additional treatment capacity or construction of an independent wastewater
reclamation facility in accordance with the 2011 feasibility study. The report
shall include the calculation methodology for the recommended capacity fee
recommendations.
3) Wastewater Asset Management Program (WAMP}: To extend the life of
wastewater system assets, optimize maintenance and renewal by recommending
improvements to the collection system. The WAMP will enable the City to meet
service levels at an acceptable level of risk and lowest life cycle cost of the asset.
4) CIP: To develop a capital improvement plan (CIP) by identifying existing sewer
deficiencies and recommending facility improvements to accommodate growth
and ultimate City buildout conditions.
5} Model: Deliver a completed functional model of the sanitary sewer system for
City use. The City will provide all pertinent Infoworks hydraulic model input
data.
All the engineering services shall be completed in accordance with this agreement as described
in Paragraph 8, Scope of Worlc and Schedule.
8. Scope of Work and Schedule:
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14-27
A. Detailed Scope of Work
I. Research
1) Consultant shall review previous reports by the City and/or consultants to the City
relating to planning, engineering, and financial data including: population, land
use, GIS system information, including sewer basins, sewage system,
orthographic photographs, prior master plans and model data, water billing data,
pump station. flows, the existing InfoWorks model, and existing/future system
characteristics and requirements. Review shall also include: the City's General
Plan and population forecast data from the San Diego Association of
Governments (SANDAG), existing sewer atlas maps, economic development
plans, Specific Plans, current mapping of land use/zoning plans, specific
development plans, topographic data, City standard design criteria, interagency
agreements, the Draft wastewater reserve policy, sewer system design criteria,
policies, procedures and fee structures.
2) Consultant shall maintain adata/document inventory that lists the data/documents
received from the City, the date received, and if the data needs to be returned to
City.. This inventory shall be updated as new information is received and supplied
to the City at status meetings.
II. Sewage Generation Rate
1) Consultant shall perform an analysis of existing sewage flows by land use
classification to develop unit wastewater flow factors. Wastewater flow
factors will be based upon City water billing data with return-to-sewer ratios
applied. Peak factors curves will be developed for peak dry and peak wet
weather flows based upon existing and new flow information. I&I allowances
will be estimated based on: existing flow monitoring data; a correlation of
recent rainfall event data with wastewater treatment plant flows and sewer
pump station run time data; an assessment of sewer system age/material;
operations and maintenance data, and discussions with City staff.
2) Consultant shall ensure that the sewage generation rates coordinate with the
sewage production parameters in Section 3-301 of the Subdivision Manual.
3) The City will provide all InfoWorks hydraulic model input data and existing
land use condition will be provided by SANDAG and the City. Existing land
use information will be supplemented, if necessary, based upon known
information by either the City and/or SANDAG.
P3Qe ~(;
14-28
III. Capacit Fees
Using the City's recent feasibility study as a basic guide, Consultant shall conduct a
comprehensive assessment of the City's capacity charge. It is understood that the wastewater
generated in Chula Vista is transported and processed at the San Diego Metro treatment plant
and that the Metro plant is about to require an upgrade. Thus, the establishment of a capacity fee
for both transportation and treatment will help the City recover its costs while minimizing the
impact on its rates. Consultant shall do the following to ensure equitable cost recovery:
1) Review Current Wastewater Capacity Charge.
Consultant shall review the City's current fee methodology for equity.
Consultant shall evaluate if the current fee s~ructure recovers adequate costs to
fund the allocated portion of infrastructure required to serve growth, and does
not double count any costs, such as current facilities plus future replacement
of those same facilities. Assess compliance with Government Code Section
66000 et. seq. (AB1600).
2) Review Customer Classifications and Strength Characteristics for Fee
Recovery
Consultant shall review the City's customer classes and underlying
wastewater strength assumptions for capacity fee recovery. Consultant shall
calculate the City's current EDUs and project new development impact.
Consultant shall then recommend appropriate modifications to help simplify
the fee recovery classes and improve fee equity.
3) Identify & Evaluate Alternative Capacity Fee Methodologies
Consultant shall identify and evaluate alternative methods for calculating
wastewater capacity fees. Consultant shall evaluate how each of these
methods might be applied to the City. Consultant shall recommend capacity
fees that will include both a) a buy-in component to recover costs of existing
facilities with capacity to serve growth, and b) an expansion component for
additional facilities needed to serve new development.
4) Allocate CIP Costs & Existing Facilities to Customers & Growth
Consultant shall review growth assumptions provided by the City and evaluate
impacts of various growth scenarios on the timing of future facilities' capacity
requirements. For example, under a higher growth scenario, the City will
recover more capacity charge revenues, but will also have to fund more
expansion projects sooner than under a lower growth scenario. Additionally,
some projects may need to be constructed before growth can occur.
5) Calculate Fees and Incorporate Into the Model
Paae 21
14-29 v
Consultant shall calculate new capacity fees based on related costs and
incorporate the recommendations into the financial model: The model will
include the ability to allow all underlying assumptions to be modified based
on future data.
Long-Term Sewer Financial Plan
In developing long-term financial plans, Consultant shall focus on developing a robust pay-as-
you-go approach with capital projects and reserve fund establishment. Prudent funding of these
projects and reserves means setting fees appropriately and gradually phasing in any service
charge adjustments to not only prevent sudden rate spikes, but also ensure sufficient coverage for
contingencies. To ensure the City's long-term fiscal solvency, Consultant shall provide the
following approach:
1) Develop Forecasts & Projections
Based on the data assembled from the City and the fee assessment developed
above, Consultant shall prepare forecasts and projections to serve as the basis
of the long-term City financial plan. Consultant shall review projections with
City staff for agreements on assumptions, interpretation of data, and
completeness of approach. Projections shall include:
• Operating and maintenance costs
• Anticipated capital improvement project costs and timing
• Service charges, connection fees, interest earnings, and other revenues
• Growth rates and impacts of anticipated development
• If appropriate, debt service and debt service coverage
• Incorporations of the elements contained in the fee assessment
2) Develop Long-Term Revenue Requirements for Facility Replacements
Consultant shall determine the long-term revenue requirements to sufficiently
replace the City's facilities. Consultant shall evaluate the City's existing sewer
facility replacement fee for durability and equity through the 2050 fiscal year.
Consultant shall test for overlap or deficiencies with the elements incorporated
with the capacity fee. Consultant shall make appropriate recommendations to
ensure long-term sustainability.
3) Evahiate Financing Alternatives for Capital Improvements & Replacements
Consultant shall work with City and Consultant to identify financing priorities
and objectives. Consultant shall identify and evaluate financing alternatives
for funding the City's sewer capital improvement program, including
improvements to both City infrastructure and facilities. Consultant shall
recommend the most appropriate and lowest-cost fmancing options, including
pay-as-you-go capital funding. If debt is required, discuss options with City
and develop debt service projections to incorporate in the cash flows.
Consultant shall provide an evaluation of long-term infrastructure replacement
needs and development of strategy to fund anticipated costs.
Page ??
14-30
4) Recommend Minimum Fund Reserve Target(s)
Consultant shall recommend prudent minimum fund reserve target(s) for the
City. Consultant shall recommend operating reserve targets that are based on
a percentage of the annual operating budget, to allow the reserve target to
adjust over time and keep pace with future fmancial conditions. Consultant
shall evaluate broadening the City's infrastructure replacement fund and
recommend an appropriate funding level. Consultant shall develop a plan to
help the City to meet the recommended reserve targets within a reasonable
and achievable period of time, and maintain prudent reserves over the long-
run.
5) Develop Long-Term Sewer Cash Flow Projections
Consultant shall develop a cash flow model showing the financial position of
the City through the year 2050. The cash flow projections will estimate future
revenues, expenses, fund balances, and debt service coverage. Key policy and
financial assumptions will be clearly identified. Consultant shall recommend
the use of slightly conservative projections for financial planning purposes.
Consultant shall develop a financial model that will be used to evaluate
various financing and rate alternatives and to develop a recommended
financing strategy. The financial projections can also be used to evaluate the
impact of different assumptions (e.g. growth rates, capital costs, operating cost
inflation, etc.} on the long-term financial condition of the sewer funds. This
enables the City to evaluate the financial impact of "what if' scenarios and
tailor any recommendations based on the information provided.
Best Financial Management Practices Review (BFMP)
.Consultant shall create a set of wastewater BFMPs that were developed based on their 47 years
of wastewater agency consulting experience and a comprehensive review of industry literature.
Some of the 15 BFMPs include:
• Establishing prudent fund reserve targets
• Adopting a debt management policy Maintaining up-to-date lists of
fixed assets
• Adopting policies on rates and charges and annual rate adjustments
• Implementing. and regularly updating along-range financial plan
• Maintaining an up-to-date capital improvement program
Implementing adequate internal audit controls to avoid fraud
• Providing monthly financial reports to the governing board
• Tracking and anticipating future legislative and regulatory changes
• Posting fmancial reports online
• Adopting formal policies on expenses, credit card use, vacations, etc.
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N. Wastewater Asset Management Pro rg_ am (WAMP)
Consultant shall establish a WAMP to maintain a desired level of service of the City's
wastewater assets- such as sewer mainlines, manholes, pump stations, sewer access maintenance
roads, laterals connecting to public mains, junction and diversion structures at the lowest life
cycle cost. Lowest life cycle cost refers to the best appropriate cost for rehabilitating, repairing or
replacing an asset.
Current State of Assets
1) Consultant shall identify the condition, useful life, and value of the existing
wastewater collection system assets. Consultant will utilize the City's on-
going InfoNet and GIS cataloging efforts to store spatial and hydraulic
information of wastewater infrastructure. Consultant shall review these
databases to ensure correct and complete information is being collected.
Consultant shall review (or create) a data hierarchy for these databases.
Examples of potential Collection System components may include gravity
sewers, lift stations and force mains. Gravity sewers may include gravity
mains, manholes, diversion structures and laterals, while Lift Stations might
include force mains, pumps, controls, etc.
f
2) Consultant shall determine the probable failure mode of each asset. In addition
to rating the condition (Mortality) of each asset, Consultant shall also develop
and assign ratings for the Capacity, Level of Service and Financial Efficiency
for each asset. While Capacity ratings will be obtained from projects
identified in the CIP, Level of Service ratings and Financial Efficiency ratings
will be developed from a series of interview with City Staff.
3) Consultant shall determine the Effective Lifecycle for all assets based on asset
type (i.e. Manhole, Pump, Pipeline by Material, etc.). Use modification factors
to adjust based on City staff input for items such as Design Standards,
Construction Standards, Operational History, Operation Environment and
External Stresses. For pumps only, effective Lifecycle will be a total number of
run hours, and not an estimate of time in years.. Consultant shall adjust
effective Lifecycle for wastewater assets to account for:.
• Minimum and Maximum Desirable Slopes
• Minimum and Maximum Desirable depth-to-Diameter Ratios and/or
Velocities
• Depth of Cover
• Soil Type
• Ground Water Levels
• High Slope Terrain
• Proximity to Force Main
• Cleaning/Rodding Observations
• Lining
• Reported Sanitary Sewer Overflow History
Page 24
14-32
4) For those assets with failure modes of either Capacity, Level of Service or
Efficiency, Consultant shall determine the remaining life of the asset before
failure. Calculate percent of effective life consumed:
Effective Life Consumed = (Effective Lifecycle -Remaining Life)/Effective Lifecycle
For those assets with a Mortality failure mode and an Asset Condition Rating
less than 4, Consultant shall calculate percent of effective life consumed by
dividing the age of an asset by the Effective Life. For those assets without
date of install, and average value will be assigned (i.e. 65%):
Effective Life Consumed =Age/Effective Lifecycle
5) Consultant shall determine Life Cycle and Replacement Costs for all assets
for managerial purposes. Life cycle cost will be calculated for each asset. Life
cycle cost =original cost + operating + maintenance + renewal +
decommissioning -salvage cost. Estimates for each of these costs should be
done broadly based on the Fiscal Year Budget and spreading costs over asset
classes (i.e. manholes, pumps, etc.) City staff can adjust for specific assets as
necessary based on asset's history. Attach cost to the Engineering News
Recor"d -Current Cost Indices (ENR-CCI) 20-City Construction Cost Index.
Consultant shall calculate replacement costs for all assets, and attach cost to
the Engineering News Record -Current Cost Indices (ENR-CCI) 20-City
Constriction Cost Index.
6) Consultant shall interview City Staff in regards to the City's maintenance
responsibilities of existing facilities located within the Port District's
jurisdiction. Existing responsibilities will be reviewed, and recommendations
will be made based on the identified Levels of Service (LOS) the existing
Operations and Maintenance procedures are attempting to accomplish.
Required Sustainable Level of Service
7) Consultant shall determine the target LOS for the wastewater collection
system. Consultant shall meet with City Staff to review the existing LOS, if
previously identified. Consultant shall update and revise these LOS as
necessary, making sure that all state and federal regulations are included, as
well as compliance with recent Waste Discharge Requirements (WDRs).
8) For each LOS, Consultant shall identify a Key Performance Indicator (KPI)
which quantifies a measureable outcome for each LOS. Examples of KPI's
include: 100% permit compliance, Sanitary Sewer Overflows ("SSOs") per
100 miles, response time to customer complaints, service interruption
duration, service interruption notification, training hours per employee, injury
incident rate, Odor and air emission goals, etc. For WDR compliance,
Page 2~
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Consultant shall ensure that any goals outlined in the City's Sewer System
Management Plan are also included. -
9) For each LOS, Consultant shall identify the LOS Driver or the motivation for
the LOS. Potential drivers include RCWQCB/EPA, Design Standards,
Customer Service, Engineering Requirements, Self-Imposed, etc.
10) Consultant shall write and communicate to the public the LOS of the
wastewater collections system, by developing public level of service
"agreements" that describe the wastewater systems performance targets.
Critical Assets to Sustain Performance
11) Consultant shall use the Percentage of Effective Lifecycle Consumed
(Residual Life) to calculate a Probability of Failure (PoF) for each asset. PoF
will range from 1 to 10, with a rating of 1 corresponding to 0% of effective
life consumed, and a 10 representing 90% of effective life consumed.
12) Consu,,ltant shall determine the Consequence of Failure (CoF) for each asset.
CoF will range from 1 to 10, with 1 representing no impact to failure and 10
indicating an Extremely Severe impact to failure. For assets identified as LOS,
Capacity or Efficiency modes of failure, CoF will consider costs to repair,
revenue loss, costs to safety and the environment, as well as regulatory costs.
13) For the remaining wastewater assets, Consultant shall first assign a
preliminary CoF Value based on estimated flow rates from the hydraulic
model. These ratings will then be adjusted to account for:
• Proximity to Rivers'and-Water Infrastructure
• Proximity to Storm Drains
• Easements and accessibility for repairs (i.e. rail crossings, freeways,
etc.)
• Streets and Businesses Affected
• Reporting and Regulatory Implications
• Additional city-identified economic, social and environmental (triple
bottom line) implications.
14) Consultant shall next determine a Redundancy Rating (R) for each asset.
Consultant shall determine the percent reduction in Consequence of Failure
(CoF) for those assets having redundant back-ups. Redundancy MUST reduce
consequence of failure, and is applicable to pumps and parallel pipelines.
Percent reduction in COF will account for partial, full and double redundancy.
Consultant shall calculate Redundancy Rating (R) for each asset. R = (100 -
Percent Reduction to CoF)/100. For example, a pump with full redundancy,
Page 26
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would indicate a 90% reduction to CoF, and thus an R = 0.10. _ (100 -
90)/100.
15) Consultant shall then assign a Business Risk Estimate (BRE) for each asset.
Business Risk Estimate is calculated as BRE = PoF x CoF x R, with a range of
0 (minimum risk) to 100 (maximum risk). BRE will be calculated for all
assets, including the 200 specific assets provided by the City for which
Consultant shall do an additional review to ensure BRE rankings and modes
of failure have been correctly and sufficiently assigned. For each of these 200
assets, Consultant shall develop a list illustrating the modes of failure,
Business Risk Estimate and Consequences of Failure.
Minimum Life Cycle Costs
16) Consultant shall hold a series of five (5) meetings and interviews to identify
all current Operations and Maintenance (O&M) procedures, and the
information that is being generated/collected as part of these procedures.
Consultant shall identify costs of each procedure for all included assets from
budget (i.e. Cost to clean all sewer pipes, CCTV efforts, rodding schedules,
etc.) F-0r each O&M Procedure, the Consultant shall identify at least one (1).
LOS Target that requires that procedure. There may be multiple LOS Targets
for a single procedure.
17) Consultant shall evaluate if O&M costs are distributed equally over asset
classes (i.e. all pumps receive the same O&M, etc.) or if high BRE assets are
receiving higher prioritization. Consultant shall evaluate if LOS can be
adjusted, thereby reducing O&M costs.
18} Consultant shall develop SPECIFIC 20-Year Rehabilitation and Replacement
Schedules. For each major asset class (lift stations, pumps, gravity mains,
manholes, etc), Consultant shall determine the costs to repair, rehabilitate and
replace. Consultant shall estimate costs and extended effective life for each
asset graphically, and determine the best rehabilitation and replacement
options.
19) Based on BRE scores, the C1P and O&M projects, Consultant shall identify
those assets which are to be rehabilitated or replaced, and to be included in the
O & M Budgets with estimated probable estimated costs.
20) Consultant shall also develop a SPECIFIC 20-Year monitoring program for
the City. For those assets with high Probability or Consequence of Failure,
Consultant shall review and augment existing monitoring programs to include
all necessary assets based on ratings. Consultant shall develop probable
estimated costs for the monitoring program.
Pave 27
14-35 v
Long-Term Funding Strategy
21) Consultant shall identify and quantify the Capital and Operating costs
associated with the City's wastewater collection system. Costs for the next 20
years will be based on the CIP, as well as the Rehabilitation, Replacement and
Monitoring Programs developed in the previous section.
22) To estimate these costs from Years 21 to 30, Consultant shall calculate each
asset's projected BRE in this decade. Consultant shall determine which assets
will be replaced, rehabilitated, renewed and monitored based on BRE, PoF
and CoF. Probable estimated costs will be developed. Consultant shall. repeat
this approach for subsequent decades (Years 31 to 40, etc.) until 100 Years.
Consultant shall determine the maximum life for each asset that will be
allowed prior to requiring replacement (i.e. the replacement model assumes an
asset must be replaced when its age is 150% of the effective lifecycle.).
23) Consultant shall evaluate the existing Sewer Facility Replacement Fee, and
evaluate revenues and revenue requirements ensuring the financial
sustai~aability of the Sewer Facility Replacement Fund. The sewer facility
replacement requirements based on operating and capital budgets through
2050 (2012 included in "2011 Cost of Service and Rate Study Update for
Sewer Services").
24) Consultant shall recommend a dedicated reserve from current revenues (i.e.
creating an asset annuity}. The dedicated reserves need to be consistent with
the proposed wastewater reserve policy to be established in fiscal year 2011-
12.
25) Consultant shall develop a preliminary funding plan, identifying major asset
classes and modes of failure. If applicable, Consultant will identify funding
from appropriate sources for financing asset rehabilitation, repair, and
replacement through borrowing or other financial assistance.
V. CIP
1) For full build-out of the City, Consultant shall recommend improvements to the
wastewater collection system needed along with the development of criteria to
determine when the improvements need to be constructed. The evaluation of
recommended improvements shall include existing sewer deficiencies.
2) Consultant shall evaluate capital expansion requirements using the CIl' annual
worksheet and schedule. The schedule shall show the total dollars expected to be
spent every 5-year phase through 2050. Consultant shall also recommend an
appropriate annual contribution (rate) based on future cash flow needs to ensure
Page 28
14-36 v
fund availability to meet capital expansion needs through 2050. The contribution
rate shall identify the mix ofpay-as-you-go vs. debt financing:
3) Consultant shall prepare the long-range capital improvement program that shall
incorporate and prioritize both the capacity-related improvements identified in the
hydraulic model simulations and rehabilitation/replacement projects identified
through the WAMP. The proposed CIP shall be a working document for the City
to utilize in determining annual budgetary needs through 2050.
4) Consultant shall develop unit cost estimates and prepare capital cost estimates for
proposed CIP projects.
5) Based on existing system analysis, Consultant shall identify capital improvement
projects that are 100 percent responsibility of existing customers.
6} Consultant shall identify capacity constraints for existing peak flow conditions
utilizing existing conditions provided in the City's Infoworlcs model.
7) Consultant shall run ultimate system simulations and identify capacity constraints
under ultimate peals flow conditions utilizing projected land uses provided by
SANDAG. Five-year intermediate phases and cumulative buildout projections
will be modeled to estimate ultimate peak flow conditions based on future land
use sub-basin projections at years 2015, 2020, 2025, 2030, 2035, 2040, 2045, and
2050 basin build out scenarios. The analysis shall identify the impacted segments
and their respective 5-year phase when improvements are needed and Equivalent
Dwelling Unit thresholds for the maximum EDUs that will be allowed in each
basin before improvements are needed.
8) Consultant shall review availability of low interest State and Federal loans and
grants. Evaluate which CIP projects may qualify for these programs. Compute
maximum debt capability of City for sewer projects. Compute maximum pay-as-
you-go funds available for capital replacement needs. Compute recommended
mix ofpay-as-you-go versus debt financing. Develop alternative funding options
and alternative capital replacement needs until there is a reasonable match
between fund availability and capital replacement needs (iterative process).
Prepare long term forecast options for City Council consideration.
9} City will provide all pertinent Infoworks hydraulic model input data. Minor
updates to the data will be made (if necessary) based on current information
available to either party.
10) All models used to determine sewer deficiencies will become the property of
Chula Vista and shall be Infoworks software compatible.
11) Consultant shall provide a maximum of 80 hours of technical support to City
staff.
12) Consultant shall evaluate future capacity needs in METRO based on wastewater
flow projections for the City.
Pa3e 29
14-37
VI. Sanitary Sewer System Requirements and Standards
1) Consultant shall summarize the requirements and standards for the installation of
new sewer facilities and rehabilitation of existing sewer facilities.
2) Consultant shall provide any modifications to the Subdivision Manual.
3) Regulatory Issues: This element will summarize current federal and state
regulations that impact the operation and maintenance of the collection system.
Discussion relating to potential future regulations is also to be provided.
4) Intergovernmental Agreements: The City has intergovernmental agreements with
the City of San Diego and County of San Diego for wastewater treatment and
wastewater collection and conveyance that are served by these agencies.
Consultant shall review these existing agreements and make recommendations
regarding consistency and clarity to ensure all parties' interests are maintained.
VII. Emergency Response Requirements
1) Consultant shall review and evaluate the City's sanitary sewer overflow
emergency response procedures and identify procedure improvements if
warranted.
2} Consultant' shall prepare for and attend one meeting with Public Works
Operations to review sewer overflow emergency response procedures and
concerns.
3) Consultant shall review overflow history and problem areas and include in the
final report future Capital Improvements Projects to mitigate potential overflow
problems.
VIII. Proi ect Mana eg ment
1} Consultant shall provide project management tasks including staffing
assignments, budget administration, and preparation of brief progress reports to be
submitted to the City prior to attending progress meetings.
2) Consultant shall prepare for and attend progress meetings with City staff to
discuss overall progress and schedule of the Plan. Twelve (12) progress meetings
shall be scheduled monthly or bi-monthly through the course of the project.
3) Consultant shall provide QA/QC for project tasks.
IX. Community Outreach Program
1) The Consultant shall develop a community outreach program and a system for
public input. The Consultant shall coordinate and hold two public workshops at
an easily accessible centralized location, the first at the beginning of the project to
gather public input, discuss the goals and scope of work, and the second to present
recommended projects and draft capacity fees. Consultant shall prepare the first
draft public outreach materials for the City staff to review in advance of any
Page 30
14-38
presentations. The Consultant shall provide presentation materials including
handouts and large-scale graphics and mapping on aerial photographs to clearly
display information and for compiling user comments.
2) Consultant shall create an online survey to be available throughout the duration of
the project.
X. Draft Plan
1) The Consultant shall prepare a draft Plan composed of the tasks and elements
completed up to this point in the process. The consultant shall provide five hard
copies of the draft plan and an electronic copy in PDF format on CD-ROM. The
Consultant will not be required to submit full-color or full-size attachments, maps,
or exhibits at this time. The City will review the draft and make
recommendations to be included in the final draft.
XI. City Council Presentation
1) Consultant shall conduct a series of one-on-one presentations with the City
Council members over a two day period. These meetings will allow the
Consultant and City staff to present the study findings and recommendations,
allow Council members to ask questions and provide guidance as necessary.
2) The Consultant shall give a presentation to the City Council (estimated to be in
September 2012) as part of the Council action adopting the Plan. Consultant shall
create and review all public outreach material with staff in advance of any
presentations.
XII. Final Plan
1) Following the City's review and approval of the Plan, the Consultant shall
provide 25 copies of the final version of the Plan including a D-sized pocket map
to be presented to various City leaders and to be made available to the public.
One (1) copy must be printed on one side only and clipped together (not bound) to
facilitate copying. The Consultant shall provide a master copy of the Plan and a
copy, broken down by chapters, in PDF format on CD-ROM for future
duplicating needs, and for posting on the City's website. The City must have the
ability to purchase additional copies of the adopted Plan for 90 days after the City
Council adopts a resolution, at anot-to-exceed price per full color copy of $50,
and pocket maps at $15 each.
2) The report shall contain an executive summary that provides a clear and concise
overview of the study and its recommendations. The main body of the report shall
provide additional detail and supporting charts and graphs.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
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()Other:
C. Dates or Time Limits for Delivery of Deliverables:
Consultant shall complete the Defined Services by Consultant as shown in Section 8-
Scope of Work Tasks I to XII no later than April 30, 2013.
D. Date for completion of all Consultant services: Apri130, 2014
9. Materials Required to be Supplied by City to Consultant:
10. Compensation:
A. ()Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required, City shall
pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set
forth below:
Single Fixed Fee Amount:
Milestone or Event or Deliverable
payable as follows:
Amount or Percent of Fixed Fee
() 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
B. ()Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services. by Consultant as are
separately identified below, City shall pay the fixed fee associated with each phase of Services,
in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not
commence Services under any Phase, and shall not be entitled to the compensation for a Phase,
unless City shall have issued a notice to proceed to Consultant as to said Phase.
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() 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
C. (X) Hourly Rate Arrangement Not to Exceed Limit Per Phase
For performance of the Defined Services by Consultant as shown in Section 8- Scope of
Work Tasks I to XII and, City shall pay Consultant for the productive hours of time spent by
Consultant in the performance of said Services at the rates or amounts set forth in the Rate
Schedule herein below or the Maximum Fee per phase designated in chart below, whichever is
less, according to the following terms and conditions:
Phase
2.
Maximum Fee
per phase
Research -Includes items in Section 8.A.I (1-8} above, as well as the kickoff $15,835
~, meeting and Community Meeting #1. Deliverables: Preliminary Mapping
f of existing sewer mainlines, manholes, pump stations, sewer access j
maintenance roads, junction and diversion structures (shape files and paper f,
!maps), along with a working paper or memorandum discussing the relevant ':,
documents and issues and providing recommendations for updates, changes
j and additions to the current Wastewater Master Plan. ___ . I __.__.___
Evaluate Sewage Generation Rate - A working paper or memorandum on ~ $23,090
relevant model calibration and new sewage generation issues, and other
elements addressed in Section S.A.II (1-3) above. j
3. Evaluate Capacity Fees - A working paper or memorandum on
transportation and treatment capacity fees and other elements addressed in
I Section 8.A.IIi (1-3) above.
4. ;Evaluate Wastewater Asset Management - A working paper or memorandum
on critical assets to sustain performance, minimum life cycle costs, and long-
' term funding strategy and other elements addressed in Section 8.A.N (1-19)
14-41
$53,335
$55,600
Page 3?
:above.
i 5. ;Evaluate CIP - A working paper or memorandum on calibrated model, $48,760
~, threshold criterion, the extent of sewer system deficiencies and required
~ ~~ upgrades and other elements addressed in Section 8.A.V (1-12) above. `~ ~__ `__
6. ;Evaluate Sanitary Sewer System and Emergency Response Requirements - $26,950
A working paper or memorandum on rehabilitation and replacement
j ~ requirements, modifications to the Subdivision Manual, emergency response
;requirements and other regulatory issues addressed in Section 8.A.VI and
~~ VII above.
i ... _ .
{ 7. ~ Draft Wastewater Master Plan ; $24,570
8. j Final Wastewater Master Plan. Includes Final Community Workshop, ~ $59,275
Workshop Preparation and City Council Presentation
- ----_~L_.._._.-.-_ __.
9. ;Project Management- Elements addressed in Section VIII (1-3) above are ~ Included in
included in other tasks. ~ j other phases
For a total amount of: ~ $307,415
i
Upon mutual agreement, Consultant shall perform additional tasks, other than
Defined Services by Consultant as shown in Section 8- Scope of Work Tasks I to XII, if
requested in writing by the Director of Public Works and under the same terms and
conditions (same Rate Schedule herein) of this Agreement.
(1) (X) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of
the Defined Services herein required of Consultant, and only upon written authorization
from the Director of Public Works, for $307,415, including all Materials, and other
"reimbursables" ("Maximum Compensation").
(2) OLimitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to
("Authorization Limit"), Consultant shall not be entitled
to any additional compensation without further authorization issued in writing and
approved by the City. Nothing herein shall preclude Consultant from providing additional
Services at Consultant's own cost and expense.
Rate Schedule
Professional
Engineering Intern/Technician ............... $ 65
CADD Designer I/Engineer I ................ $ 105
Graphic Designer ....................................... $ 110
CADD Designer II/Engineer II ............. $ 115
CADD Designer III/Engineer III .......... $ 125
Designer/Project Engineer ...................... $ 135
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14-42
Senior Project Engineer ............................ $ 155
Senior Project Engineer Planning & IS .. $ 175
Project Manager ......................................... $ 175
Senior Project Manager ............................. $ 185
Principal ....................................................... $ 190
Principal Planning & IS ...................:......... $200
Surveying
Principal Surveyor ...................................... $ 150
Project Surveyor ......................................... $ 130
Field - 2 Man Crew ................................... $ 170
Office-Survey Drafting ............................. $ 130
Administrative
Administrative Clerk .................................. $ 60
Word Processor/Admire Support............ $ 75
Environmental
Intern/Technician ..................................... . $ 65
Env Specialist I/Project Coord I ............ . $ 95
Technical Editor ......................... .... . $ 90
Lead Technical Editor .........:.................... . $ 110
Graphic Artist ...........................:................ . $ 110
Env Specialist II/Project Coord II ........ . $ 105
Env Specialist III/Project Coord III ..... . $ 115
...................
Project Manager I ................~ $ 125
..
Project Manager II ..................................... $ 135
Senior Project Manager ........................... .. $ 185
Principal ..................................................... .. $ 190
*Construction
Construction Inspector ........................... .. $ 110
Senior Construction Inspector ............... .. $ 125
Resident Engineer .................................... .. $ 140
Construction Manager ............................. .. $ 160
Sr. Construction Manager ....................... .. $ 175
CM Coordinator .......:............................... .. $ 95
Asst CNI Coordinator .............................. .. $ 75
Flow Monitoring
Field Tech I .............................................. ... $ 60
Field Tech II ............................................. .. $ 80
Field Tech III ........................................... ... $ 90
Field Supervisor ....................................... ... $ 100
Field Operations Manager ..................... ... $ 125
Project/Data Manager ............................ ... $ 135
Hourly rates may increase by 6% for services rendered after [month], 20_, if delay
in providing services is caused by City.
11. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of services
herein required, City shall pay Consultant at the rates or amounts set forth below:
(X) None, the compensation includes all costs.
Page 3~
14-43
() Reports, not to exceed $
{) Copies, not to exceed $
O Travel, not to exceed $
O Printing, not to exceed $
(} Postage, not to exceed $
() Delivery, not to exceed $
() Long Distance Telephone Charges, not to exceed $
() Other Actual Identifiable Direct Costs:
not to exceed $
. not to exceed $
12. Contract Administrators:
City:
Roberto Yano, Senior Civil Engineer
Public Services Building
276 Fourth Avenue'
Chula Vista, California 91910
Phone: (619) 476-2402
Consultant:
Scott Humphrey, PE, GISP
Infrastructure Engineering Corporation
14271 Danielson Street
Poway, California 92064
(858) 413-2400 /FAX: (858) 413-2400
13. Liquidated Damages Rate:
()$
()Other:
per day.
Cost or Rate
14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
Code:
(X) Not Applicable. Not an FPPC Filer.
O FPPC Filer
() Category No. 1. Investments and sources of income.
()Category No. 2. Interests in real property.
Page 36
14-44
()Category No. 3. Investments, interest in real property and sources of income subject
to the regulatory, permit or licensing authority of the department.-
()Category No. 4. Investments in business entities and sources of income that engage in
land development, constntction or the acquisition or sale of real property.
O Category No. S. Investments in business entities and sources of income of-the type
which, within the past two years, have contracted with the City of Chula Vista
(Redevelopment Agency) to provide services, supplies, materials, machinery or
equipment.
() Category No. 6. Investments in business entities and sources of income of the type
which, within the past two years, have contracted with the designated employee's
department to provide services, supplies, materials, machinery or equipment.
() Category No. 7. Business positions.
()List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any:
15. ()Consultant is Real Estate Broker and/or Salesman
16. Permitted Subconsultants:
Bartle Wells Associates
1. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
(X) Monthly
()Quarterly
()Other:
Page 37
14-45
B. Day of the Period for submission of Consultant's Billing:
()First of the Month
() 15th Day of each Month
(X) End of the Month
()Other:
C. City's Account Number: 2601223413 (SW-223)
2. Security for Performance
(}Performance Bond, $
()Letter of Credit, $
OOther Security:
Type:
Amount: $
ORetention. If this space is checked, then notwithstanding other provisions to the contrary
requiring the payment of compensation to the Consultant sooner, the City shall be entitled
to retain, at their option, either the following "Retention Percentage" or "Retention
Amount" until the City determines that the Retention Release Event, listed below, has
occurred:
()Retention Percentage:
ORetention Amount: $
Retention Release Event:
( )Completion of All Consultant Services
( )Other:
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