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Home My WebLink About1990-04-17; Municipal Water District; Resolution 654'I m .3 I RESOLUTION NO. 654 A RESOLUTION OF THE BOARD OF DImCTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT ACCEPTING THE PROPOSAL FROM HUGHES, HEISS & ASSOCIATES TO DEVELOP A LONG-RANGE OPERATING PLAN AND AUTHORIZING THE PRESIDENT TO EXECUTE THE AGREEMENT WHEREAS, the Carlsbad Municipal Water District has dev a request for proposal for the formation of a long- operating plan to address the provision of water service its service area; and WHEREAS, the firm of Hughes, Heiss and Associates is recommended by staff to perform this study. I NOW, THEREFORE, BE IT RESOLVED by the Board of Direct( the Carlsbad Municipal Water District as follows: 1. That the above recitation are true and correct. 2. That the proposal of Hughes Heiss & Associates i hereby accepted. 3. That the President is authorized to sign thl agreement for services shown in Exhibit B. 4. that the amount of $21,000 is hereby appropriated tl the Special Studies Account from the Unappropriated Oper- tional Reserve to support costs of these services. PASSED, APPROVED AND ADOPTED at a regular meeting c c Carlsbad Municipal Water District held on the 17th I- April , 1990, by the following vote, to wit: .t f I m m AYES: Board Members Lewis, Kulchin, Pettine, 'Mamaux and Larson NOES: None ABSENT : None ATTEST: (SEAL) I I. 0 e PROFESSIONAL SERVICES AGREEMENT 1. This Agreement is made and entered into this day of 1990, between the Carlsbad Municipal Water District, a bod corporate and politic (hereinafter referred to as ItDistrict") and Hughes, Heiss and Associates (hereinafter referred to 2 llConsultantll) . A. Recitals (1) District has heretofore issued its Request for Proposz pertaining to the performance of professional service with respect to developing an operating plan. (2) Consultant has submitted its proposal for tl performance of such services, and by this reference j made a part of this agreement. (3) District desires to retain Consultant to perfor professional services necessary to render advice a1 assistance to District in developing an operating plan, (4) Consultant represents that it is qualified to perf01 such services and is willing to perform SUC professional services as hereinafter defined. NOW, THEREFORE, it is agreed by and between District ar Consultant as follows: B. Asreement -8 1. Definitions: The following definitions shall apply I the following terms, except where the context of th: Agreement otherwise requires: (a) Proiect: As described in Request for Proposa: including, but not limited to, the preparation ( surveys, reports, and documents, the presentatiol both oral and written, of such documents to Distric as required and attendance at any and all WOI sessions, public hearings and other meetin< conducted by District with respect to Project. (b) Services: Such professional services as a] necessary to be performed by Consultant in order 1 complete the Project in accordance with scope ( work outlined in Request for Proposal. 1 ~ -I I -I e 0 2. Consultant aqrees as follows: (a) Consultant shall forthwith undertake and complet the project in accordance with Request for Proposal and all in accordance with Federal, State, ar District statutes, regulations, ordinances ar guidelines, all to the reasonable satisfaction c the District. (b) Consultant shall supply copies of all reports, plar and documents (hereinafter collectively referred t as l1documentslW) including all supplemental technic; documents, within the time specified. District m; thereafter review and forward to Consultant comment regarding said documents and Consultant shal thereafter make such revisions to said documents 2 are deemed necessary. District shall receit revised documents in such form and in the quantitic determined necessary by the District. The til limits set forth pursuant to this section may 1 extended upon written approval of District. (c) Consultant agrees that all services performed 1 Consultant sha'll be performed by individual described in Consultant's Proposal, except upon tl prior written approval of the District. Consultal shall, at Consultant's sole cost and expense, S~CUI and hire such other persons as may, in the opinic of Consultant, be necessary to comply with the ten of this Agreement. Consultant further agrees thi no subcontractor shall be retained by Consultal except upon the prior written approval of tl District. (d) Consultant agrees to provide 10 copies of the fin: report plus a 'camera ready' copy. 3. District agrees as follows: (a) To pay Consultant a sum not to exceed a maximum 1 Twenty Thousand Dollars ($20,000.00) for tl performance of the services required hereunde: This sum shall cover the cost of all staff time a: all other direct or indirect costs or fee: including the work of employees, consultants i subcontractors to Consultant. Payment to Consulta: shall be made in accordance with the schedule SI forth below. I 0 0 I (b) Payments to Consultant shll be made by District i accordance with the invoices submitted by consultant, on monthly basis, and such invoices shall be paid within thirty day after said invoices are received by District. In no event however, will said invoices exceed Twenty Thousand Dollar ($20,000.00). 4. Termination: This Agreement may be terminated b District upon the giving of a written ttNotice o Termination" to Consultant at least Fifteen (15) say prior to the date of termination specified in sai Notice. In the event this Agreement is so terminated Consultant shall be compensated at Consultant' applicable hourly rates, as set forth in Consultant' Proposal, on a pro rata basis with respect to th percentage of the Project completed as of the date c termination. In no event, however, shall Consultar receive more than the maximum specified in paragraph 3(a above. Consultant shall provide to District any and a1 documents, data, studies, surveys, and reports, whethe in draft or final form, prepared by Consultant as of th date of termination. Consultant may not terminate thi Agreement except for cause. E 5. Notices and Desisnated ReDresentatives: Any and a1 notices, demands, invoices and written communication between the parties hereto shall be addressed as se forth in this paragraph 5. The below-named individuals furthermore, shall be those persons primarily responsibl for the performance by the parties under this Agreement: Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008 John W. Heiss Principal Hughes, Heiss & Associates 35 South Rayond Avenue, Suite 220 Pasadena, California 91105 ~- .I 6. Insurance: Consultant shall neither commence work undc this Agreement until it has obtained all insuranc required hereunder nor shall Consultant allow an subcontractor to commence work on a subcontract until a1 insurance required of the subcontractor has bee obtained. Consultant shall take out and maintain at a1 times during the term of this Agreement the followir policies of insurance: -1 I -- I 0 0 (a) Worker’s ComDensation Insurance: Before beginnil work, Consultant shall furnish to District certificate of insurance as proof that it has takc out full worker‘s compensation insurance for a: persons whom it may employ directly or throu? subcontractors in carrying out the work specific herein, in accordance with the laws of the State ( California. (b) Public Liability and ProDertv Damase: Through01 the term of this Agreement, at Consultant’s so. cost and expense, Consultant shall keep, or cause * be kept, in full force and effect, for the mutui benefit of the District and Consultanl comprehensive, broad form, general public liabili. and automobile insurance against claims ai liabilities for personal injury, death, or proper damage arising from Consultant‘s activities providing protection of at least One Million Dolla: ($1,000,000.00) for bodily injury or death to a1 one person or for any one accident or occurrence a1 at least One Million Dollars ($1,000,000.00) fc property damage. (c) General Insurance Requirements: All insuranc required by express provision of this Agreeme1 shall be carried only in responsible insuranc companies licensed to do business in the State ( California and policies required under paragrap] 6. (a) and (b) shall name as additional insurec District, its officials, officers, employees a1 agents. Consultant shall furnish District wit certificate evidencing insurance. 7. Indenmification: Consultant shall defend, indemnify a1 safe harmless District, its officials, officers employees and agents from all liability from loss, damac or injury to persons or property, including the payme] by Consultant of any and all legal costs and attorney’ fees, in any manner arising out of or incidental to tl performance by Consultant of this Agreement, includin5 but not limited to, all consequential damages, to tk maximum extent permitted by law. 8. Assisnment: No assignment of this Agreement or of ar part or obligation of performance hereunder shall t: made, either whole or in part, by Consultant without tk prior written consent of District. d 0 0 ""-1 9. Independent Contractor: The parties hereto agree tha Consultant and its employees, officers, and agents ax independent contractors under this Agreement and shal not be construed for any purpose to be employees of tt District. 10. Governins Law: This Agreement shall be governed by ar construed in accordance with the laws of the State c California. 11. Entire Asreement: This Agreement supersedes any and a1 other agreements, either oral or written, between tl parties with respect to the subject matter herein. Eac party to this Agreement acknowledges that r representation by any party which is not embodied here: nor any other agreement, statement, or promise nc contained in this Agreement shall be valid and bindin< Any modification of this Agreement shall be effectiT only if it is in writing, signed by all parties. IN WITNESS WHEREOF, the parties hereto have executed thj Agreement as of the day and year set forth above: CONSULTANT 1 DISTRICT ~ ~~ ATTEST: ~- 1- d I R I e e Hughes, Heiss & Associates Summary of Our Proposal to Develop an Operating Plan for the Carlsbad Municipal Water District March 29, 1990 0 e i -t I Study Issues and Products ?- - Project Tasks Profile current operations and services and identify issues. Evaluate approaches of organizing water service operations, both now and in future years. Recommend and develop operating plan. I 1 L - - " " - Issues Products How are all District staff Detailed narrative and statistical currently utilized? profile of District and City operations and systems in the What interface between water service area. City/District operations? Similarities and differences between District and City systems. Evaluation of staff attitudes. Where can Criteria for evaluating economics/efficiencies be achieved? alternatives. Short, medium, longer range Operating barriers to alternatives. organizational adjustments? Evaluation of each alternative- * 'People' concerns impacting quantitative impact. change. include subjective and Impact on service levels and service costs. What level of organizational Detailed short, medium, long adjustment really makes sense? Implementation plan. How should adjustment be range operating pian. phased in over time? How can barriers be overcome? What cost and/or savings impact? -I