HomeMy WebLinkAbout1992-12-08; Municipal Water District; 200; Engineering Services Consultant. CARLSBAD r-‘NICIPAL WATER DISTRICT c -lGENDA BILL
AB# do0 TITLE: APPROVAL OF AN AGREEMENT WITH
MTG. /d-8- 9s AN ENGINEERING SERVICES CONSULTANT
DEPT. CMWD FOR DISTRICT ENGINEER CITY MGR%$
RECOMMENDED ACTION:
Adopt Resolution No. 82S approving an agreement with an engineering services consultant for District Engineer.
ITEM EXPLANATION:
The Water Enterprise Fund has budgeted funds in the CMWD Professional Services Account to contract for services of a consulting District Engineer. With the transfer of City water, sewer and reclaimed water services to the District, the responsibilities of the General Manager/District Engineer increased and required separating the duties of the District Engineer from the General Manager position. As a result, on June 3, 1991, the District contracted with Robert W. Coates, P.E., as District Engineer. Since the District's standards and requirements have been revised to conform with City standards, staff is requesting approval of a new contract rather than an extension of the original agreement.
The new contract will allow the District to use the Consultant's services for one year and to extend the agreement for additional one year periods based on District needs and satisfactory performance.
FISCAL IMPACT:
Funds are available in the CMWD Professional Services Account of the Water Enterprise Fund. Funds of $100,000 have been appropriated in the 1992/93 Budget-Professional Services Account, and the agreement for consulting services for District Engineer is estimated not to exceed $85,000.
EXHIBITS:
1. Resolution No. 825 approving an agreement with an engineering services consultant for District Engineer.
2. Consultant Agreement with Robert W. Coates, P.E.
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RESOLUTION NO. 825
A RESOLUTION OF THE CARLSBAD MUNICIPAL WATER DISTRICT OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT WITH AN ENGINEERING SERVICES
CONSULTANT FOR DISTRICT ENGINEER
WHEREAS, the Executive Manager recommends and the Board
of Directors concurs that utilization of consultants is required to
augment District staff in order to maintain service levels; and
WHEREAS, the services of an engineering services
consultant for District Engineer is necessary because staff
expertise is limited in this area; and
WHEREAS, a satisfactory agreement has been negotiated
with Robert W. Coates, P.E.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors
of the Carlsbad Municipal Water District of Carlsbad, California,
as follows:
1. That the above recitations are true and correct.
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I 2. That the Board of Directors hereby authorizes the
President to execute an engineering services agreement with Robert
W. Coates, P.E.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Board of Directors of the Carlsbad Municipal Water District of
Carlsbad, California, on the 8th day of DECEMBER f
1992, by the following vote, to wit:
AYES: Board Members Lewis, Stanton, Nygaard
NOES: None
ABSENT: Board Member Ku ABSTAINED: Board Member
ATTEST:
ckdl ALETHA L. RAUTENKRANZ, Sebretary
(SEAL)
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. AGREEMENT
THIS AGREEMENT, made and entered into as of the 11th day
of September I 1992, by and between the CARLSBAD
MUNICIPAL WATER DISTRICT, hereinafter referred to as "District'l I
and ROBERT W. COATES, P.E. hereinafter referred to
as ltConsultantll . " _ :
: RECITALS . '. , <'(. District requires,the services of an ensineerins consultant
consultant to provide the
necessary ^"' consulting ensineerins services for *' preparation of District Ensineerins Services ; and
Consultant possesses the necessary skills and qualifications to
provide"the services required by the District; I'
NOW, THEREFORE, in consideration of these recitals and the
mutual covenants contained herein, District and Consultant a.gree as
follows:
1. CONSULTANT'S OBLIGATIONS
Under the supervision of the General Manager, he shall perform *.
the function of District Engineer. ,(
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2. DISTRICT OBLIGATIONS
The District shall provide an office, materials, and an.y other
material t0,perfor-m the duties of District Engineer.
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3. PROGRESS ANDpCOMPLETION '-'i 2' h
The work under this contract will begin within ten (10) days
after receipt of,Jnotification ,to.+proceed by the District and be
completed within 365 days of that date. Extensions of
time may be granted if requested by the Consultant and agreed to in . .
writing*'by the District Engineer or the General Manager. The / 6 , extensions will only be' given allowance for documented and
substantiated unforeseeable and unavoidable delays not caused by a :
lack of foresight on the part of the Consultant, or delays caused
by District inaction or other agencies' lack of timely action.
4. FEES TO BE PAID TO CONSULTANT
The Consultant ,will be working on an hourly basis and
Consultant's hourly fee is fi,fty-eight dollars ($58.00). The
total fee payable according to Paragraph 6, "Payment of Fees,"
shall not exceed $ 85,000 . No other compensation for
services will be allowed except those items covered by supplemental
agreements per Paragraph 8, "Changes in Work.,,
5. DURATION OF CONTRACT
This agreement shall extend for a period of one (1) year
from the date thereof. The contract may be extended for
additional one (1) year periods or parts thereof, based upon
satisfactory performance and the District's needs.
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6. PAYMENT OF FEES
Payment of fees shall be upon delivery of approved final-
bi-weeklv invoices .
7. FINAL SUBMISSIONS
Within fifteen (15) days of completion and approval of the
the Consultant shall deliver to the District the following items:
N/A
8. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the
Consultant or the District, and informal consultations with the
other party indicate that a change in the conditions of the
contract is warranted, the Consultant or the District may request
a change in contract. Such changes shall be processed by the
District in the following manner: A letter outlining the required
changes shall be forwarded to the District by the Consultant to
inform District of the proposed changes along with a statement of
estimated changes in charges or time schedule. A supplemental
agreement shall be prepared by the District and approved by the
District. Such supplemental agreement shall not render ineffective
or invalidate unaffected portions of the agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed or
retained any company or person, other than a bona fide employee
working for the Consultant, to solicit or secure this agreement,
and that Consultant has not paid or agreed to pay any company or
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person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this
agreement. For breach or violation of this warranty, the District
shall have the right to annul this agreement without liability, or,
in its discretion, to deduct from the agreement price or '.i .(' ,~ :
consideration, orotherwise recover, the full amount of such fee, ,,-
commission, percentage, brokerage fees, gift, or contingent fee.
10. NONDISCRIMINATION CLAUSE .'
The Consultant shall comply with the state and federal laws
regarding fiondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Consultant's failure to prosecute,
deliver, or perform the work as provided for in this contract, the
District may terminate this contract for nonperformance by
notifying the Consultant by certified mail of the termination of
the Consultant. The Consultant, thereupon, has five (5) working
days to deliver said documents owned by the District and all work
in progress to the General Manager. The General Manaqer
shall make a determination of fact based upon the documents
delivered to District of the percentage of work which the
Consultant has performed which is usable and of worth to the
District in having the contract completed. Based upon that finding
as reported to the General Manager, the General Manager shall
determine the final payment of the contract.
12. DISPUTES
If a dispute should arise regarding the performance of work
under this agreement, the following procedure shall be used to
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resolve any question of fact or interpretation not otherwise
settled by agreement between parties. Such questions, if they
become identified as a part of a dispute among persons operating
under the provisions of this contract, shall be reduced to writing
by the principal of the Consultant or the District General Msr. .
A copy of such documented, dispute shall be forwarded to both */
parties involved along'with recommended methods of resolution which r
would be of benefitto both parties. The District General Mqr. 1
or principal receiving the letter shall reply to the letter along
with a recommended method of resolution within ten (10) days. If
the resolution thus obtained is unsatisfactory to the aggrieved
party, ,a letter outlining the dispute shall be forwarded to the
Board of Directors for their resolution through the office of the
General Manager. The Board of Directors may then opt to consider
the directed solution to the problem. In such cases, the action of
the Board of Directors shall be binding upon the parties involved,
although nothing in this procedure shall prohibit the parties
seeking remedies available to them at law.
13. SUSPENSION OR TERMINATION OF SERVICES
This agreement may be terminated by either party upon
tendering thirty (30) days written notice to the other party. In
the event of such suspension or termination, upon request of the
District, the Consultant shall assemble the work product and put
same in order for proper filing and closing and deliver said
product to District. In the event of termination, the Consultant
shall be paid for work performed to the termination date: however,
the total shall not exceed the total fee payable under paragraph 4.
The District shall make the final determination as to the portions
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of tasks completed and the compensation to be made.
14. STATUS OF THE CONSULTANT
The Consultant shall perform the services provided for herein
in Consultantls own way as an independent contractor and in pursuit
of Consultant's independent calling, and not as an employee of the
District. Consultant shall be under control of the District only ,.‘. .1
as to the result'to be accomplished, but shall consult with the
District as provided for in the request for proposal.
The Consultant is an independent contractor of the District.
The payment made to the Consultant pursuant to the contract shall
be the full and complete compensation to which the Consultant is
entitled. The District shall not make any federal or state tax
withholdings on behalf of the Consultant. The District shall not be
required to pay any workers' compensation insurance on behalf of
the Consultant. The Consultant agrees to indemnify the District
for any tax, retirement contribution, social security, overtime
payment, or workers' compensation payment which the District may be
required to'make on behalf of the Consultant or any employee of the
Consultant for work done' under this agreement.
The Consultant shall be aware of the requirements of the
Immigration Reform and Control Act of 1986 and shall comply with
those requirements, including, but not limited to, verifying the
eligibility for employment of all agents, employees, subcontractors
and consultants that are included in this agreement.
15. CONFORMITY TO LEGAL REOUIREMENTS
The Consultant shall cause all drawings and specifications to
conform to all applicable requirements of law: federal, state and
local. Consultant shall provide all necessary supporting
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1 documents, to be filed with any agencies whose approval is
2 necessary.
3 The District will provide copies of the approved plans to any
4 other agencies.
5 16. OWNERSHIP OF DOCUMENTS
6 All plans, studies, sketches, drawings, reports, and ~.
7 specifications as herein required are the property of the District, \.
8 whether the work for which they are made be executed or not. In
9 the event, this contract is terminated, all documents, plans,
10 specifications', drawings, reports, and studies shall be delivered
11 forthwith to-the District. Consultant shall have the right to make
12 one (1) copy of the plans for his/her records.
13 17. REPRODUCTION RIGHTS'
14 The Consultant agrees that all copyrights which arise from .^
15 creation of the work pursuant to this contract shall be vested in
16 District and hereby agrees to relinquish all claims to such
'17 copyrights in favor of District.
16 18. HOLD HARMLESS AGREEMENT
19 The District, its officers, and employees shall not be liable
20 for any claims, liabilities, penalties, fines, or any damage to
21 goods, properties, or effects of any person whatever, nor for
22 personal injuries or death caused by, or resulting from, any
23 intentional or negligent acts, errors or omission of Consultant or
24 Consultantfs agents, employees, or representatives. Consultant
25 agrees to defend, indemnify, and save free and harmless the
26 District and its officers and employees against any of the
27 foregoing claims, liabilities, penalties or fines, including
28 liabilities or claims by reason of alleged defects in any plans and
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specifications, and any cost, expense or attorney's fees which are
incurred by the District on account of any of the foregoing.
19. ASSIGNMENT OF CONTRACT
I The Consultant shall not assign this contract or any part
thereof or any monies 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 this contract by the Consultant, Consultant shall
be fully responsible to the District for the acts and omissions of
Consultant's, subcontractor and of the persons either directly or
indirectly employed by the subcontractor, as Consultant is for the
acts and omissions of persons directly employed by consultant.
Nothing contained in this contract shall create any contractual
relationship between any subcontractor of Consultant. and the
District. The Consultant shall bind every subcontractor and every
subcontractor of a subcontractor by the terms of this contract
applicable to Consultantls work unless specifically noted to the
contrary in the subcontract in question approved in writing by the
District.
21. PROHIBITED INTEREST
No official of the District who is authorized in such capacity
on behalf of the District to negotiate, make, accept, or approve,
or take part in negotiating, making, accepting, or approving of
this agreement, shall become directly or indirectly interested
personally in this contract or in any part thereof. No officer or
employee of the District who is authorized in such capacity and on
behalf of the District to exercise any executive, supervisory, or
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similar functions in connection with the performance of this
contract shall become directly or indirectly interested personally
in this contract or any part thereof.
22. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent,
or employee of the District, either before, during or after the
execution of this contract, shall affect or.modify any of the terms
or obligations herein contained nor entitle the Consultant to any
additional payment whatsoever under the terms of this contract.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, "Hold Harmless
Agreement," all terms, conditions, and provisions hereof shall
inure to and shall bind,each of the parties hereto, and"each of
their respective heirs, executors, administrators, successors, and
assigns.
24. EFFECTIVE DATE
This agreement shall be effective on and from the day and year
first above written.
25. CONFLICT OF INTEREST
The Consultant shall file a Conflict of Interest Statement
with the Secretary of the Board of Directors in accordance with the
requirements of the Carlsbad Municipal Water District Conflict of
Interest Code. The Consultant shall report investments or
interests in real property.
26. INSURANCE
The Consultant shall obtain and maintain policies of
automobile liability insurance, and a combined policy of worker's
compensation and employers liability insurance from an insurance
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company authorized to do business in the State of California in an
insurable amount of not less than one million dollars ($l,OOO,OOO)
each, unless a lower amount is approved by the General Counsel or
the General Manager. This insurance shall be in force during the
life of this agreement and shall not be canceled without thirty
(30) days prior written notice to the District sent by certified
, . mail. *" ‘ * ". -.
The District shall be named as an additional insured on these
policies. The Consultant shall furnish certificates of insurance
to the District before commencement of work.
Executed by Consultant this 11th day of September I
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State of California - OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
County of San Diego Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
On g/11/92 before me, Sandra J. Schuck , 0 INDIVIDUAL
DATE NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC” a CORPORATE OFFICER(S)
personally appeared Robert W. Coates 1 District Engineer
NAME(S) OF SIGNER(S) TITLE(S)
mersonally known to me - OR - a/grpye@/tg papp Jty+,a$s p$q$Qfjqttgry pyi&n~$~ /
to be the person(sj whose name($) is/&$/
0 PARTNER(S) # iF:EyAL
subscribed to the within instrument and ac- 0 ATTORNEY-IN-FACT ,
knowledged to me that he/$&M& executed 0 TRUSTEE(S)
the same in hislbl$r/t..4?8fi authorized
capacity(P66{, and that by hislK8dlPhW
0 GUARDIAN/CONSERVATOR
nOTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(lES)
Carlsbad . . MunIcieal
Water District
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYP NT Consultant's Agreement
THE DOCUMENT DESCRIBED AT RIGHT:
NUMBER OF PAGES 11 DATE OF DOCUMENT g/11/92
Though the data requested here is not required by law,
01992 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184
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company'authorized to do business in the State of California in an
insurable amount of not less than one million dollars ($l,OOO,OOO)
each, unless a lower amount is approved by the General Counsel or
the General Manager. This insurance shall be in force during the
life of this agreement and shall not be canceled without thirty
(30) days prior written notice to the District sent by certified
mail.
The District shall be named as an additional insured on these
policies. The Consultant shall furnish certificates of insurance
to the District before commencement of work.
Executed by Consultant this 11th day of September I
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CONSULTANT: CAR TER DISTRICT
ROBERT W. COATES '. ,By:
Board of DirectArs
ATTEST:
(print name here)
#Mcx!- (title and organization of signatory)
ALETBA L. RAUTENKRANZ Secretary
(Proper notarial acknowledgment'of execution by CONSULTANT must be attached.)
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(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
General Counsel' JI,9.qz,
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