HomeMy WebLinkAboutMael, Jennifer R. dba Mission Consulting Services; 2015-10-01; UTIL1268UTIL1268
AGREEMENT FOR RECYCLED WATER MODELING SERVICES
TO DETERMINE ADDITIONAL STORAGE NEEDS AT THE TWIN D TANK SITE
JENNIFER R. MAEL, dba MISSION CONSULTING SERVICES
II^GR^EMENT is made and entered into as of the /^Z^ day of
"l^A/^r^ , 2015, by and between the CARLSBAD MUNICIPAL
WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a
Subsidiary District of the City of Carisbad, ("CMWD"), and JENNIFER R. MAEL, dba MISSION
CONSULTING SERVICES, a sole proprietorship, ("Contractor").
RECITALS
CMWD requires the professional sen/ices of an engineering consultant that is experienced
in preparing a hydraulic evaluation of the recycled water system to determine the storage needs
at the Twin D recycled water tank site. Contractor has the necessary experience in providing
these professional sen/ices, has submitted a proposal to CMWD and has affirmed its willingness
and atiility 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 perfonn, and Contractor agrees to render, those services (the
"Sen/ices") 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. TERM
This Agreement will be effecfive for a period of one (1) year from the date first above written.
3. COMPENSATION
The total fee payable for the Services to be performed will be four thousand five hundred dollars
($4,500). No other compensation for the Services will be allowed except for items covered by
subsequent amendments to this Agreement. CMWD resen/es the right to withhold a ten percent
(10%) retention until CMWD has accepted the wori< and/or the Services specified in Exhibit 'A."
4. STATUS OF CONTRACTOR
Contractor will perform the Services as an independent contractor and in pursuit of Contractor's
independent calling, and not as an employee of CMWD. Contractor will be under the control of
CMWD only as to the results to be accomplished.
5. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless CMWD and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorney's
fees arising out of the performance of the wori< described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectiy employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense CMWD incurs or
makes to or on behalf of an injured employee under the CMWD's self-administered woricers'
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compensation is included as a loss, expense or cost for the purposes of this section, and that this
section will survive the expiration or eariy termination of this Agreement.
6. INSURANCE
Contractor will obtain and maintain policies of commercial general liability insurance, automobile
liability insurance, a combined policy of workers' compensation, employers liability insurance, and
professional liability insurance from an insurance company authorized to transact the business of
insurance in the State of California which has a cun-ent Best's Key Rating of not less than "A-:VH";
OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers
(LASLI) with a rating in the latest Best's Key Rating Guide of at least 'A:X"; OR an alien non-
admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest
quarterly listings report, in an amount of not less than one million dollars ($1,000,000) each,
unless othenwise authorized and approved by the Risk Manager or the City Manager. Contractor
will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-
made coverage. The insurance will be in force during the life of this Agreement and will not be
canceled without thirty (30) days prior written notice to CMWD by certified mail. CMWD will be
named as additional insured on General Liability which shall provide primary coverage to CMWD.
The full limits available to the named insured shall also be available and applicable to CMWD as
an additional insured. Contractor will furnish certificates of insurance to CMWD with
endorsements to CMWD, prior to CMWD's execution ofthis Agreement.
7. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carisbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
8. COMPLIANCE WITH LAWS
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment and will obtain and maintain a City of Carisbad Business License
for the temn of this Agreement.
9. TERMINATION
CMWD or Contractor may terminate this Agreement at any time after a discussion, and written
notice to the other party. CMWD will pay Contractor's costs for services delivered up to the time
of termination, ifthe services have been delivered in accordance with the Agreement.
10. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of
false claims as set forth in the Califomia False Claims Act, Government Code sections 12650, ef
seq., and Carisbad Municipal Code Sections 3.32.025, ef seq. Contractor further acknowledges
that debarment by another jurisdiction is grounds for CMWD to terminate this Agreement
11. JURISDICTIONS AND VENUE
Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes
between the parties arising out of this Agreement is the State Superior Court, San Diego County,
California.
12. ASSIGNMENT
Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become
due under it, without the prior written consent of CMWD.
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13. AMENDMENTS
This Agreement may be amended by mutual consent of CMWD and Contractor. Any amendment
will be in writing, signed by both parties, with a statement of estimated changes in charges or time
schedule.
14. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behaif 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.
CONTRACTOR
JENNIFER R. MAEL dba MISSION
CONSULTING SERVICES, a sole
proprietorship
CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized
under the Municipal Water Act of 1911,
and a Subsidiary District of the City of
Patrick*A. Thomas / Public Works Director
Jennifer R. Mael / Sole Proprietor-Owner
(print name/titie)
By:
(sign here)
(print name/title)
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,
President, or
Vice-President
Group B
Secretary,
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:
CELIA A. BREWER, General Counsel
By:
General Counsel Approved Version 4/2/15
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On September 1
DATE
_, 20 15 before me,_ Gerrv Canfield. Notarv Public.
NAME, TITLE OF OFFICER
personally appeared Jennifer R. Mael ,
NAME(S) OF SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that she executed the same in
her authorized capacity, and that by her signature on the instrument the person, or the entity
upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
•MM WITNESS my hand and official seal.
GERRY C. CANFIELD
Commitiion # 2074237
Notary Public • CaUfornia
San Diego County
My Comm. Expires Au|^j|^^8{
SIGNATURE OF NOTARY PUBLIC
Mission Consulting Services
WATER SYSTEMS SPECIALISTS
August 13,2015 Exhibit "A"
Ms. Shadi Sami
Public Works Department
City of Carlsbad
5950 El Camino Real
Carisbad,CA 92008
RE: TWIN "D" TANKS RECYCLED WATER ANALYSIS
Ms. Sami,
I am pleased to provide this proposal for engineering consulting services to prepare a hydraulic
evaluation of the City's system to determine the appropriate size for additional storage at the Twin
"D" Recycled Water Tank Site. The City has requested that the hydraulic model of the system be
used to determine the size and configuration of the site, and whether a new tank should be added,
or another larger tank should be constructed to replace the existing two at the site.
A description ofthe Scope of Services is as follows:
A. Data Collection & Meetings
1. Obtain Project data, coordinate water system engineering, and verify City requirements.
2. Attend up to two (2) meetings with City staff:
a) Kick-off: Obtain City staff expectations and initial thoughts on the Project.
b) Results: Present recommendations to City staff.
B. System Analysis
1. Use the City's current H2OMAP recycled water hydraulic model under existing and
ultimate conditions. The City's Recycled Water Master Plan (July 2011) included a new
hydraulic model that will be used for this analysis.
a) Updating current system demands and system calibration are not included
in this scope of work.
b) Adding additional pipelines and facilities, other than at the Twin "D" site is
not included in this scope of work.
2. Verify boundary conditions at the Vallecitos Water District's Meadowlark WRF and at
the City's WRF, including verifying pump station capacity.
3. Obtain SCADA information regarding the cycle times for both the Twin "D" Tanks and
Pump Station.
4. Verify energy use times with Operations.
(jM ice 619.334.4099 MQBIIL 619.851.5178 jmael@missionconsultingsd.com www.missionconsultingsd.com
Page I 2 of 3
a) Analyzing scenarios in which the time-of-use restrictions are lifted are not
included in this scope of work.
5. Perform analyses to determine how additional storage will impact pumping scenarios
for both the existing and ultimate demand conditions.
6. The Phase III Recycled Water Project Feasibility Study (Carollo/CH2M Hill, June 2012)
identified a new 1.5-MG Tank at the Twin "D" Site. Verify that this size tank is adequate
for future demand/pumping scenarios, and if not, made a recommendation as to the
revised size of tank.
a) As an option to adding an additional 1.5-MG tank at this site, there is a pad
adjacent to the existing tanks that could provide a much larger single tank.
However, this site is approximately 9 feet lower than the existing zone.
Analyze the system using this lower pad and determine what, if any, adverse
conditions result from having a larger, single tank at a lower elevation, such
as pressure issues or operational issues with the pump station.
C. Report
1. Prepare a technical memorandum discussing the findings of the analysis. A maximum of
two (2) graphics will be provided.
II. ADDITIONAL SERVICES
If requested by the Client, MCS will provide the following additional services beyond the services
included in the scope of work for an additional fee:
A. Attendance at additional meetings
B. Planning, analysis, or design of additional or alternative facilities
C. Preparation of cost estimates of water facilities
D. Assistance with public participation and communications, including planning and
participation in public outreach programs, attendance to public meetings and workshops,
etc.
E. Additional study submittals beyond those identified in Section I.
F. Any additional project related services not specifically included in Section I, Scope of
Services
The total not-to-exceed fee for the above Scope of Services is $4,500.
We appreciate the opportunity to offer this proposal and look forward to working with you on this
project. Ifyou have any questions, please do not hesitate to call me at 619.334.4099.
Sincerely,
inifer Mael, P.E.
Project Manager
jf fiCE 619.334.4099 MOBILI 619.851.5178 jmael@missionconsultingsd.com www.missionconsultingsd.com
Donna Heraty
From: Donna Heraty
Sent: Tuesday, October 06, 2015 11:22 AM
To: 'jmael@missionconsultingsd.com'
Cc: Rhonda Gasper-Heather; Shelley Collins
Subject: Form 700 - Conflict of Interest - It has been determined by the City Clerk's Office that
you are not required to file a Conflict of Interest Statement
Dear Consultant:
Regarding your agreement with the City of Carisbad for Recycled Water Modeling Services -
// your agreement states: Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interest in all four
categories.
It has been determined by the City Clerk's Office that you are not required to file a Conflict of Interest Statement for this
agreement with the City of Carisbad. A copy of this email will be added to your file memorializing this decision.
Should you have any questions, please do not hesitate to contact me.
Kindest regards,
Ccityof
Carlsbad
Shelley Collins, CMC
Assistant City Clerk
City Clerk's Office
City of Carisbad
1200 Carisbad Village Drive
Carlsbad, CA 92008-1949
www.carisbadca.gov
760-434-2917 I Shellev.Collinstacarlsbadca.gov
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