HomeMy WebLinkAbout2017-07-11; Municipal Water District; Resolution 1577RESOLUTION NO. 1577
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT BOARD, AUTHORIZING EXECUTION OF A
PROFESSIONAL SERVICES MASTER AGREEMENT FOR ENVIRONMENTAL
MANAGEMENT SERVICES BETWEEN THE CARLSBAD MUNICIPAL WATER
DISTRICT AND ENVIRONMENTAL SCIENCE ASSOCIATES (ESA) FOR AN
AMOUNT NOT TO EXCEED $1,200,000.
Exhibit 2
WHEREAS, the Board of the Carlsbad Municipal Water District (CMWD) Carlsbad, California has
determined it necessary, desirable, and in the public interest to use professional services to manage
the creation, establishment and acceptance of habitat mitigation sites related to impacts resulting from
the implementation of CMWD Capital Improvement Program (CIP) projects; and
WHEREAS, CMWD solicited, received and reviewed Statements of Qualifications for
environmental management services consistent with the Carlsbad Municipal Code section 3.28.060;
and
WHEREAS, subsequent to a review of the Statements of Qualifications, Environmental Science
Associates (ESA) has been identified as the most qualified firm; and
WHEREAS, staff and ESA have negotiated a scope of work and rate schedule for the Professional
Services Master Agreement; and
WHEREAS, expenditures for the professional services are subject to availability of budget
appropriations with the CIP projects.
NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board of the City
of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the president is authorized and directed to execute the Professional Services
Master Agreement with ESA in an amount not to exceed $1,200,000, which is attached
hereto as Attachment A.
Exhibit 2
PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the Carlsbad Municipal Water
District Board of Directors and the City Council of the City of Carlsbad on the 11th day of~, 2017, by
the following vote, to wit:
AYES:
NOES:
ABSENT:
M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
None.
None.
(SEAL)
MASTER AGREEMENT FOR
PROFESSIONAL ENVIRONMENTAL SERVICES
(ENVIRONMENTAL SCIENCE ASSOCIATES)
.. ! ' . I .
UTIL1572
ifHIS AGREEMENT is made and entered into as of the l 2t:v\. day of
\J U.l~ , 20fl, by and between the Carlsbad Municipal w'ater District, a Public
Agency orgaized under theMunicipal Water Act of 1911, and a Subsidiary District of the City of
Carlsbad, hereinafter referred to as "City", and Environmental Science Associates, a California
Corporation, hereinafter referred to as "Contractor."
RECITALS
A. CMWD requires the professional services of an environmental services consultant
that is experienced in providing project management for project requiring environmental services.
B. The professional services are required on a non-exclusive, project-by-project
basis.
C. Contractor has the necessary experience in providing professional services and
advice related to project management and advice environmental services.
D. Contractor has submitted a proposal to CMWD and has affirmed its willingness
and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, CMWD and Contractor agree as follows:
1. SCOPE OF WORK
CMWD retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this reference in
accordance with this Agreement's terms and conditions.
Contractor's obligations with respect to any project granted to Contractor under this Agreement
will be as specified in the Task Description for the project (see paragraph 5 below).
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and skill
customarily exercised . by reputable members of Contractor's profession practicing in the
Metropolitan Southern California Area, and will use reasonable diligence and best judgment while
exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective until November 30, 2021. Extensions will be based
upon a satisfactory review of Contractor's performance, CMWD needs, and appropriation of funds
by the CMWD Board of Directors. The parties will prepare a written amendment indicating the
effective date and length of the extended Agreement.
4. PROGRESS AND COMPLETION
The work for any project granted to Contractor pursuant to this Agreement will begin within ten
(10) days after receipt of notification to proceed by CMWD and be completed within the time
specified in the Task Description for the project (see paragraph 5 below). Extensions of time for
a specific Task Description may be granted if requested by Contractor and agreed to in writing by
the Executive Manager (or designee) or General Manager of CMWD as authorized by the
Executive Manager ("General Manager"). The Executive Manager (or designee) or General
Manager will give allowance for documented and substantiated unforeseeable and unavoidable
General Counsel Approved Version 9/1/15
UTIL1572
26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
Executed by Contractorthis ~ day of (\\AN.-, 20_D_.
CONTRACTOR
ENVIRONMENTAL SCIENCE
ASSOCIATES California Corporation
By:
(sign here)
~ Bi.i~~h, $erlor'lit.t.
(print nameitle) f ~\~
By:~(~
(signhere)
l11btf.f-' CvrsiMlcr:o
(print name/title)
CARLSBAD MUNICIPAL WATER
DISTRICT, a public agency organized
under the Municipal Water Act of 1911,
and a Su.bsidiary.~e City of
Carlsbad //
By: ~,of/2,
Matt Hall, President
ATTEST:
Proper notarial acknowledgment of execution by Contractor must be attached. If a corporation,
Agreement must be signed by one corporate officer from each of the following two groups:
Group A Group B
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President CFO or Assistant Treasurer
Otherwise, the corporation !!l!!!l attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
CITY OF CARLSBAD, a municipal corporation of the State of California
APPROVED AS TO FORM:
CELIA A ~E~~ :Y Attorney
BY: //{tJLC~
~ 9::-Deputy General Counsel
8 General Counsel Approved Version 9/1 /15