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HomeMy WebLinkAbout1981-08-04; City Council; Resolution 6638, " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1E 17 1E 19 2c 21 2% 22 24 25 26 27 28 RESOLUTION NO. 6638 A RESOLUTIOH OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND GLENN M. REITER & ASSOCIATES FOR CONSULTING SERVICES RELATIVE TO THE FUTURE WATER FACILITIES FOR THE COMMUNITY OF CARLSBAD. THE CITY COUNCIL of the City of Carlsbad, California, does hereby resolve as follows: 1. That an agreement between the City of Carlsbad and Glenn M. Reiter & Associates for consulting services relative to the future water facilities requirements for the Carlsbad community, a copy of which is attached hereto marked "Exhibit A" and made a part hereof is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 4th day of , 1981, by the following vote, to wit: AYES: Council Wers Casler, hear, Lewis and Kulchin NOES: None ATTEST: tzhcu ALETHA L. MUTENKRANZ, City Clerk (SEAL) 0 0 Exhibit A AGREEMENT FOR CONSULTANT SERVICE THIS AGREEMENT is made this day of , 1981, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as CITY, and GLENN M. REITER & ASSOCIATES, hereinafter referred to as CONSULTANT. RECITALS ' WHEREAS, the City requires consulting services to conduct an inventory of major water assets of the City and the Costa Real Municipal Water District, determine the major water facilities required in the future, facilities requiring replacement by the year 2,000, and recomend long term financing programs to provide these facilities as per his letter of July 8, 1981; and WHEREAS, the Consultant has the experience and qualifications to make these determinations; and WHEREAS, it is understood that the Consultant shall be an independent contractor of the City; NOM, THEREFORE, the parties hereunto agree as follows: (1) DUTIES OF THE CONSULTANT: The Consultant will provide a1 1 professional services necessary to carry out the scope of work presented in the Consultant's proposal dated July 8, 1981 and incorporated herein by reference. (2) DUTIES OF THE CITY: (a) The City will make avail ab1 e to' the Consultant any -document, f studies, or other information in its possession relating to the work. (b) The City will provide such other assistance as is necessary to complete the project in a timely manner. (c) lhe City will make payment to the Consultant as provided for in this aqreement. /A I , 0 (3) INITIATION AND COMPLETION: Services described herein shall begin promptly following written authorization by the City. (4) COMPENSATION: Fees for the Consultant's labor in carrying out this work will be based on the Consultant's standard hourly rates, attached. Direct costs (including mileage, reproduction and long distance telephone call s) wi 11 be compensated. at cost. (5) PAYMENT OF FEES: The Consultant will submit monthly invoices for services rendered. Each invoice will specify the individual, the hours worked, the individual standard hourly billing rate and total labor cost. will be itemized by category and documented by supporting information Other direct costs whenever reasonable. City will pay Consultant within 45 days of receipt of Consultant's invoice. (6) NOT-TO-EXCEED FEE: The not-to-exceed total fee for the work performed under this Agree- ment will not be more than $5,000. This amount will not be exceeded by the Consultant without specific written authorization by the City. (7) CHANGES IN THE SCOPE OF THE PROJECT: If conditions beyond the control of the Consultant necessitate a change in scope of the project after work under Section (1) above has commenced, the Consultant shall submit his written estimate of increased costs to the City Manager for written approval prior to undertaking any additional work. (8) RESPONSIBILITY OF CONSULTANT: 7 The Consultant is employed herein to render a professional service -2- 0 e cb - only and any payments to him are compensation solely for such services ,as he may render and recommendations he may make in the course of this project. (9) OWNERSHIP OF DOCUMENTS: All maps, studies, sketches, work sheets and documents as herein required are the property of the City whether the work for which they are made be executed or not. In the event this contract is terminated, all documents, plans, work sheets, etc. shall be delivered forthwith to the City. (10) SUSPENSION OR TERMINATION OF SERVICES: The City shall have the right to terminate this agreement and the work done under it at any time without cause by giving the Consultant verbal notice as to termination date, to be confirmed by written notice of termination. In the event of termination, the Consultant shall be paid for the work accomplished to the date of termination in accordance with Sections (4) and (5). Upon request of the City,’the Consultant shall assemble the work product and put the same in proper order for proper filing and closing and deliver said product to the City. (11) HOLD HARMLESS: The Consultant will indemnify the City against and hold it harmless from all and any cost, expense, or liability for damages on account of injury or death to persons or damage to property resulting from or arising out of or in any way connected with the performance by Consultant of this agreement, including the defense of any action arising therefrom. -3- 8 (1 2) MAINTAIN INSURANCE: Consultant shall, at all times that this agreement is in effect, cause to be maintained in force and effect an insurance policy or policies which will insure and indemnify both City and Consultant against liability or financial loss resulting from errors or omissions occurring as a result of any acts or activity of Consultant. The liability under such insurance policy shall be not less than $100,000. The policy shall be written by a responsible company or companies subject to approval by City, and shall be noncancelable except on ten days written notice to City. (13) STATUS OF CONSULTANT: The Consultant will perform the services provided for herein in his own way as an independent contractor in pursuit of his independent calling and not as an employee of the City; he shall be under the control of the City only as to the result accomplished and personnel assigned to project. (1 4) ASSIGNMENT OF CONTRACT: The Consultant shall not assign this contract or any part thereof or any monies due or to become due thereunder wi'thout the prior written con- sent of the City Manager. (;5) PROHIBITED INTEREST: . No official of the City who is authorized in such capacity and on behalf of the City to negotiate, make, accept or approve this contract shall become directly or indirectly interested personally in this contract or any part thereof. (1 6) VERBAL AGREEMENT OR CONVERSATION: No verbal agreement or conversation with any officer, agent or employee of the City, either before, during or after the execution of this contract shall affect or modify any of the terms or obligations herein contained, nor such verbal agreement or conversation entitle the Consultant A 9 '1 ' * 1) to any additional payment whatsoever under the terms of this contract. (17) EFFECTIVE DATE: This contract shall be effective on and from the day and year first above written. IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF CARLSBAD ATTEST: . BY Ronald CJPackard, Mayor MARY H. 'CASLER, Vice-Mayor GLENN M. REITER & ASSOCIATES City Attorney -5-