HomeMy WebLinkAboutEnvironmental Science Associates; 2017-07-12; UTIL1572MASTER 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