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HomeMy WebLinkAbout1995-02-14; Municipal Water District; Resolution 895r 0 0 1 I1 RESOLUTION NO. 895 2 3 4 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, CARLSBAD, CALIFORNIA, AWARDING THE CONTRACT TO MONTGOMERY WATSON TO PERFORM A RATE STUDY 5 11 WHEREAS, the Carlsbad Municipal Water District is in need of a forn 6 I/ study; and 7 WHEREAS, the District staff has mailed Request For Proposals to ten ( 8 9 10 firms and received eight replies; and WHEREAS, the proposals were evaluated in accordance with the M Code; and 11 WHEREAS, funds for the hiring of a firm to perform the rate study are a l2 I/ from the water, sewer and reclaimed water operating budgets. 13 I1 NOW, THEREFORE, BE IT RESOLVED, as follows: 14 11 1. That the above recitations are true and correct. 15 16 17 18 19 20 21 22 23 2. That Montgomery Watson best met the evaluation criteria. 3. That the President is authorized to execute the contract attached (Exhibit 2) with Montgomery Watson Americas, Inc., to perform a rate study. 4. That the contract for a rate study is awarded to Montgomery Americas, Inc. 5. That an ad hoc citizens' committee will be estabiished for the purl providing input to the rate setting process. //I Ill 24 25 26 27 1f1 /11 /11 28 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a special meeting of the Municipal Water District held on the 14th day of FEBRUARY by the following vote, to wit: AYES: Board Members Lewis , Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, Secretah (SEAL) 0 0 EXHIBIT 2 AGREEMENT THIS AGREEMENT, made and entered into as of the ~1st day FEBRUARY , 193, by and between the CARLSBAD MUNICIPAL WATl DISTRICT, a municipal corporation, hereinafter referred to as "District," 8 MONTGOMERY WATSON AMERICAS, INC., hereinafter referred to as "Consultant." RECITALS District requires the services of a Rate Study Consultant to provide ' necessary consulting services for preparation of a comprehensive rate study; I Consultant possesses the necessary skills and qualifications to provide the servi required by the District; NOW, THEREFORE, in consideration of these recitals and the mutual covens contained herein, District and consultant agree as follows: 1. CONSULTANT'S OBLIGATIONS a. Analysis of Potable Water Rates, to include: 1) per unit and mon delivery charge analysis and recommendation of cost allocations between the charges; 2) recommendation regarding delivery charge for multi-family dwelling u served by a master meter and resulting charges to remaining customers; 3) evalua of existing water use patterns and revenues from various sources; 4) evaluatior drought penalty rate (inclining block water rate or other mechanisms; recommendation regarding lifeline water rates. b. Analysis of Reclaimed Water Rates, to include: 1) recommenda regarding optimum rate for reclaimed water for. both commodity and monthly fi rates, taking into account MWD's agricultural discount; 2) analysis of other custo fees to contribute to the reclaimed water fund; 3) projection of long-term effects on potable water revenue system as more reclaimed customers are added. 0 e c. Analysis of Water Connection Fees (a.k.a. Major Facilities Fee), include: 1) sufficiency of the connection fees to cover the costs of the future w: delivery needs, which correspond to the Capital Improvement Plan; 2) presentatior various methods of charging connection fees with a recommendation .. of optim method; 3) whether new construction connecting to existing water and sewer systc should pay a connection fee. d. Recommendations of financing options for 1) the lining and coverin! Maerkle reservoir, and 2) acquisition of property for and construction of an advan wastewater tueatment plant as part of Phase II of the Reclaimed Water Master Plan. addition, the following issues are to be addressed: 1) how to integrate capital planr with rate analysis and 2) how to collect funds to develop alternative water resources. e. Cost of Delivery Analysis f. Public Involvement Program, to include: 1) Identification and selectiol citizens committee members; 2) six meetings with the citizens committee; preparation for meetings and final report; 4) media relations. g. Sewer Rate Update, to include: 1) analysis of current sewer rates recommendations for changes; 2) public involvement process for issues dealing 1 the sewer rate. h. Sensitivity analysis of the various fees illustrating the effects of diffel methods of implementation. i. Recommendations regarding how to incorporate flexibility into rate: account for irregular growth, the City of Carlsbad's Growth Management Plan, drol impacts and changes in various state and federal regulations. 1. Deliverables to include: 1) ten copies of the draft report of rate study 25 copies of the final report of the rate study; 3) two computer rate models -- one water rates and one for sewer rates -- on a computer diskette in Excel 4.0 for Windc format; and 4) written instructions on use of computer models. 2 Rev. 8, 0 0- k. Training for staff on use of computer models 2. DISTRICT OBLIGATIONS The District shall provide the necessary information required by the Consultan a timely fashion in order to accomplish the Consultant's obligations stated above. 1 District shall review and recommend changes to the draft report. 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (IO) days after receipi notification to proceed by the District and be completed within 240 days of that dl 4 Extensions of time may be granted if requested by the Consultant and agreed tc writing by the Gen.eral Manager. The General Manager will give allowance documented and substantiated unforeseeable and unavoidable delays not caused k lack of foresight on the part of the Consultant, or delays caused by District inactior other agencies' lack of timely action. 4. FEES TO BE PAID TO CONSULTANT The total shall not exceed the fee payable according to paragraph 6, "Paym of Fees," and shall be $100,000. No other compensation for services will be allov except those items covered by supplemental agreements per Paragraph 8, "Change Work." The District reserves the right to withhold a ten percent (10%) retention until project has been accepted by the District. 5. DURATION OF CONTRACT This agreement shall extend for a period of one (1) year from date thereof. - contract may be extended by the Executive Manager for one additional one (1) y periods or parts thereof, based upon satisfactory performance and the District's nee The parties shall prepare extensions in writing indicating effective date and lengtk the extended contract. 3 Rev. 81: 0 0 6. PAYMENT OF FEES On the twelfth (12th) working day of each month, Consultant shall submit his/l invoice for work performed during the prior month. Payment of approved items on i invoice shall be mailed to the Consultant prior to the thirtieth (30th) day of the mo', the invoice was submitted. 7. FINAL SUBMISSIONS Within fifteen (15) days of completion and approval of the draft rate study rep1 the consultant shall deliver to the District the following items: a. Ten (IO) copies of the final rate recommendations in a bound format. b, One computer diskette including the water rate calculation model EXCEL 4.0 for Windows. c. One computer diskette including the sewer rate calculation model EXCEL 4.0 for Windows. d. Documentation explaining the two' models, the data requirements i methods to update the models. 8. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Consultant or District, and informal consultations with the other party indicate that a change in conditions of the contract is warranted, the Consultant or the District may reque? change in the contract. Such changes shall be processed by the District in following manner. A letter outlining the required changes shall be forwarded to District by Consultant to inform them of the proposed changes along with a staten of estimated changes in charges or time schedule. A supplemental agreement shal prepared by the District and approved by the District according to the procedi described in - Carlsbad Municipal Code Section 3.28.172. Such suppleme agreement shall not render ineffective or invalidate unaffected portions of agreement. 4 Rev. 81 0 e 9. COVENANTS AGAINST CONTINGENT FEES The, Consultant warrants that their firm has not employed or retained 2 company or person, other than a bona fide employee working for the Consultant, solicit or secure this agreement, and that Consultant has not paid or agreed to pay i company .or person, other than a bona fide employee, any fee, commissil percentage, brokerage fee, gift, or any other consideration contingent upon, or result from, the award or making of this agreement. For breach or violation of this warrar the District shall have the right to annul this agreement without liability, or, in discretion, to deduct from the agreement price or consideration, or otherwise recob the full amount of such fee, commission, percentage, brokerage fees, gift, or contingl fee. IO. NONDISCRIMINATION CLAUSE The Consultant shall comply with the state and federal laws regard nondiscrimination. 11. TERMINATION OF CONTRACT In the event of the Consultant's failure to prosecute, deliver, or perform the w as provided for in this contract, the District may terminate this contract nonperformance by notifying the Consultant by certified mail of the termination of ' Consultant. The Consultant, thereupon, has five (5) working days to deliver s documents owned by the District and all work in progress to the General Manager. 1 General Manager shall make a determination of fact based upon the docume delivered to District of the percentage of work which the Consultant has perforrr which is usable and of worth to the District in having the contract completed. Bas upon that finding as reported to the City Manager, the Manager shall determine the fi payment of the contract. 5 Rev. 812 0 e, 12. DISPUTES If' a dispute should arise regarding the performance of work under tt agreement, the following procedure shall be used to resolve any question of fact interpretation not otherwise settled by agreement between parties. Such questions they become identified as a part of a dispute among persons operating under t provisions of this contract, shall be reduced to writing by the principal of the Consult: or the District General Manager. A copy of such documented dispute shall forwarded to both parties involved along with recommended methods ,of resoluti which would be of benefit to both parties. The District General Manager or princil receiving the letter shall reply to the letter along with a recommended method resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to 1 aggrieved party, a letter outlining the dispute shall be forwarded to the District Board Directors for their resolution through the Office of the Executive Manager. The Distr Board of Directors may then opt to consider the 'directed solution to the problem. such cases, the action of the Board shall be binding upon the parties involved, althou nothing in this procedure shall prohibit the parties seeking remedies available to thl at law. 13. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering thirty (: days written notice to the other party. .In the event of such suspension or terminati upon request of the District, the Consultant shall assemble the work product and same in order for proper filing and closing and deliver said product to District. In event of termination, the Consultant shall be paid for work performed to the terminat date: however, the total shall not exceed the lump sum fee payable under paragrap1 The District shall make the final determination as to the portions of tasks completed i the compensation to be made. 6 Rev. ,812 0 a 14. STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in Consultan own way as an independent contractor and in pursuit of Consultant's independt calling, and not as an employee of the District, Consultant shall be under control of t District only as to the result to be accomplished, but shall consult with the District provided for in the request for proposal. The persons used by the Consultant to provi services under this agreement shall not be considered employees of the District for a purposes whatsoever. The Consultant is an independent contractor of the District. The payment ma to the Consultant pursuant to the contract shall be the full and complete compensati to which the Consultant is entitled. The District shall not make any federal or state 1 withholdings on behalf of the Consultant or his/her employees or subcontractors. T District shall not be required to pay any workers' compensation insurance unemployment contributions on behalf of the Consultant or his/her employees subcontractors. The Consultant agrees to indemnify the District for any tax, retiremc contribution, social security, overtime payment, unemployment payment or works compensation payment which the District may be required to make on behalf of t Consultant or any employee of the Consultant for work done under this agreement. The Consultant shall be aware of the requirements of the Immigration Refo and Control Act of 1986 and shall comply with those requirements, including, but r limited to, verifying the . eligibility for employment of all agents, employet subcontractors and consultants that are included in this agreement. 15. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all drawings and specifications to conform to applicable requirements of law: federal, state and local. Consultant shall provide necessary supporting documents, to be filed with any agencies whose approval necessary. 7 Rev. 8/2, 0 e The District will provide copies of the approved plans to any other agencies. 16. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as here required are the property of the District, whether the work for which they are made t executed or not. In the event this contract is terminated,' all documents, plan specifications, drawings, reports, and studies shall be delivered forthwith to the Distric Consultant shall have the right to make one (1) copy of the plans for his/her records. 17. REPRODUCTION RIGHTS The Consultant agrees that all copyrights which arise from creation of the wo pursuant to this contract shall be vested in District and hereby agrees to relinquish I claims to such copyrights in favor of District. 18. , HOLD HARMLESS AGREEMENT The District, its officers, and employees shall not be liable for any claim liabilities, penalties, fines or any damage to goods, properties, or effects of any persc whatever, nor for personal injuries or death caused by, or resulting from, any intention or negligent acts, errors or omissions of Consultant or Consultant's agents, employee or representatives. Consultant agrees to defend, indemnify, and save free ai harmless the District and its officers and employees against any of the foregoil claims, liabilities, penalties or fines, including liabilities or claims by reason of allegl defects in any plans and specifications, and any cost, expense or attorney's fees whi are incurred by the District on account of any of the foregoing. 19. ASSIGNMENT OF CONTRACT The Consultant shall not assign this contract or any part thereof or any moni due thereunder without the prior written consent of the District. 20. SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under tl contract by the Consultant, Consultant shall be fully responsible to the District for t a Rev. a124 0 e acts and omissions of Consultant's subcontractor and of the persons either directly indirectly employed by the subcontractor, as Consultant is fo'r the acts and omissions persons directly employed by Consultant. Nothing contained in this contract SF create any contractual relationship between any subcontractor of Consultant and t District. The Consultant shall bind every subcontractor and every subcontractor 0' subcontractor by the terms of this contract applicable to Consultant's work unle specifically noted to the contrary in the subcontract in question approved in writing the District. 21. PROHIBITED INTEREST No official of the District who is authorized in such capacity on behalf of t District to negotiate, make, accept, or approve, or take part in negotiating, makir accepting, or approving of this agreement, shall become directly or indirectly interest personally in this contract or in any part thereof. No officer or employee of the Distr who is authorized in such capacity and on behalf of the District to exercise a executive, supervisory, or similar functions in co,nnection with the performance of ti contract shall become directly or indirectly interested personally in this contract or a part thereof. 22. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of t District, either before, during or after the execution of this contract, shall affect or mod any of the terms or obligations herein contained nor entitle the Consultant to a additional payment whatsoever under the terms of this contract. 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, "Hold Harmless Agreement," terms, conditions, and provisions hereof shall inure to and shall bind each of the parti hereto, and each of their respective heirs, executors, administrators, successors, a assigns. 9 Rev. 8/24 0 a, 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first writ1 above. 25. CONFLICT OF INTEREST The District has determined, using the guidelines of the,Political Reform Act E the District's conflict of interest code, that the Consultant will not be required to .fik conflict of interest statement as a requirement of this agreement. However, Consultl hereby acknowledges that Consultant has the legal responsibility for complying with * Political Reform Act and nothing in this agreement releases Consultant from ' responsibility. 26. INSURANCE The Consultant shall obtain and maintain policies of general liability insuran automobile liability insurance, and a combined policy of worker's compensation : employers liability insurance from an insurance company authorized to do busines: the State of California which meets the requirements of City Council Resolution No. 403 in an insurable amount of not less than one million dollars ($1,000,000) e2 unless a lower amount is approved by the City Attorney or the City Manager. 7 insurance shall be in force during the life of this agreement and shall not be cancG without thirty (30) days prior written notice to the District sent by certified mail. 10 Rev. a/ 1 0 0 Executed by Consultant this 12TH day of JANUARY ,1995 . CONSULTANT: CARLSBAD MUNICIPAL WATER DISTRICT, a municipal corporation MONTGOMERY WATSON By: ATTEST: LEE ALDRIDGE (print name here) VICE PRESIDENT MONTGOMERY WATSON AMERICAS, INC. (title and organization of signatory) ALETHA L. RAUTENKRANZ Secretary (Proper notarial acknowledgment of execution by CONSULTANT must be attached.) (President or vice-president and secretary or assistant secretary must sign i corporations. If only one officer signs, the corporation must attach a resolution certifi by the secretary or assistant secretary under corporate seal empowering that officer bind the corporation.) APPROVED AS TO FORM: jLd L?.\-t.i:p RONALD R. BALL 43 d \ District Legal Counsel 1-1 7?zg~$p~$y@&y I. i r't o 11 Rev. 812~ L 0 a CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT &gL"-bhj rL+./,> A& a personally appeared 9 personally known to me - OR - 0 proved to me on the basis of satisfactory evide to be the personHwhose name,@') is/ subscribed to the within instrument and knowledged to me that he,kb"execL the same in hislbPrltha; authori, signature)+ on the instrument the persor or the entity upon behalf of which personNacted, executed the instrumc WITNESS my hand and official seal. C)ON:.IX M AnCAnO capacityw, and that by his/ketcftt W L &- aLA.4 SIGNATURE OF NOTARY Though the data below is not required by law, it may prove valuable to persons relying on the document and could p fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUME 0 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT ATTORNEY-IN-FACT NUMBER OF PAGES 0 GUARDIAN/CONSERVATOR DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTIN(IES)- SIGNER(S) OTHER THAN NAMED ABOVt 01993 NATIONAL NOTARY ASSOCIATION 8236 Remrnet Ave., P.O. Box 7184 Canoga Park, C