HomeMy WebLinkAboutNational Water Research Institute; 2002-05-02;RATIFICATION OF AGREEMENT WITH
NATIONAL WATER RESEARCH INSTITUTE FOR
PROFESSIONAL SERVICES
This Agreement is entered into this 2 day of , 2002, but shall be effective retroactive as of the 8'h day of
Agency organized under the Municipal Water Act of 1911, and a Subsidiary
District of the City of Carlsbad ("CMWD"), and National Water Research Institute
("Consultant").
and between the Carlsbad Municipal Water District, a Public
RECITALS
A. Whereas, a study was prepared for the CMWD regarding the feasibility
of desalination in Carlsbad; and
B. Whereas, the feasibility study was prepared by Poseidon Resources;
and
C. Whereas, the CMWD requires a professional with experience to
review, analyze and comment on the feasibility study that was
prepared by Poseidon Resources; and
D. Whereas, the Consultant is willing and able to provide this service as
required by the CMWD; and
E. Whereas, the selected consultant has already completed the work
described in Exhibit "A; and
F. Whereas, the Parties negotiated and agreed on the scope of work and
fees for these services, as defined in attached Exhibit " A; and
G. Whereas, the Consultant commenced work on the services required
by the District without benefit of a written agreement; and
H. Whereas, the parties desire to ratify the work performed by the
Consultant.
NOW, THEREFORE, in consideration of these recitals and the mutual
covenants contained herein, CMWD and Consultant agree as follows:
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1. Scope of Work. CMWD retains Consultant to perform, and
Consultant has rendered or agrees to render, those services (the "Services") that
are defined in Exhibit "A, attached and incorporated by this reference in
accordance with the terms and conditions set forth in this Agreement.
2. The Agreement is ratified retroactive to January 8, 2002,
3. CMWD will pay Consultant for all work associated with those
services described in Exhibit "A on a time and materials basis not-to-exceed
Nine Thousand Six Hundred Twenty-Five dollars ($9,625.00).
4. All requisite insurance policies to be maintained by the Consultant
pursuant to the Agreement, as may have been amended from time to time, will
include coverage for this Ratification of Agreement.
5. The individuals executing this Ratification Agreement and the
instruments referenced in it on behalf of Consultant each represent and warrant
that they have the legal power, right and actual authority to bind Consultant to the
terms and conditions of this Ratification Agreement.
IW PICWER , ChQ\'r
(print namehitle)
**By:
C. AP7-.
" (sign here)
CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency
organized under the Municipal Water
Act of 191 1, and a Subsidiary District
of the City of Carlsbad
desigyee
-- Secretdry
If required by CMWD, 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.
Chairman,
**Group B.
Secretary,
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President, or
Vice-president
Assistant Secretary,
CFO or
Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering the officer(s) signing to bind the
corporation.
APPROVED AS TO FORM:
By:
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EXHIBIT “A
SCOPE OF SERVICES
A study was prepared for the Carlsbad Municipal Water District, by Poseidon
Resources, a consultant, concerning the feasibility of water desalination in the City of
Carlsbad.
The CMWD required a professional with experience to review, analyze and
comment on a proposal for the feasibility study for desalination in the City of Carlsbad
that was previously prepared by Poseidon Resources.
The Consultant presented a written report to staff reviewing the Poseidon
Resources Seawater Desalination document proposing to build and operate a seawater
desalination plant in the City of Carlsbad, more specifically, at the Encina Power Plant
site. The Consultant specifically reviewed the technical aspects of the method of
treatment and the designlbuildloperate elements including the proposed financing
proposal contained in the document.
The Contractor agrees to perform the required services for fees, time and
material not to exceed Nine Thousand Six Hundred Twenty-Five Dollars ($9,625.00).
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General Counsel Approved Version #07.05.01