HomeMy WebLinkAboutMael, Jennifer R. dba Mission Consulting Services; 2015-08-04; UTIL1230UTIL1230
AGREEMENT FOR 490 PRESSURE ZONE EXPANSION SERVICES
JENNIFER R. MAEL, dba MISSION CONSULTING SERVICES
NT is made and entered into as of the '^^^^^ day of
2015, by and between the CARLSBAD MUNICIPAL
WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a
Subsidisl^ District of the City of Carlsbad, ("CMWD"), and JENNIFER R. MAEL, dba MISSION
CONSOLTING SERVICES, a sole proprietorship, ("Contractor").
RECITALS
CMWD requires the professional services of an engineering consultant that is experienced
in preparing a hydraulic evaluation of the water system to determine the feasibility of expanding
our 490 pressure zone. Contractor has the necessary experience in providing these professional
services, has submitted a proposal to CMWD and has affirmed its willingness and ability 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 perform, 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 effective 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 six thousand five hundred dollars
($6,500). No other compensation for the Services will be allowed except for items covered by
subsequent amendments to this Agreement. CMWD reserves the right to withhold a ten percent
(10%) retention until CMWD has accepted the work 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 attorneys
fees ansing out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
Indirectly 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 workers'
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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 early 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 cunent 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 OthenA/ise 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 of this 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 Carlsbad 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 Carlsbad Business License
for the term 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 wiil pay Contractor's costs for sen/ices delivered up to the time
of termination, if the 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, Govemment Code sections 12650, ef
seq., and Carlsbad Municipal Code Sections 3.32.025, et 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 Oiego 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 behalf 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 A.MAEL, dba CARLSBAD MUNICIPAL WATER
MISSION CONSULTING SERVICES, a DISTRICT, a Public Agency organized
sole proprietorship ""cler the Municipal Water Act of 1911,
and a Subsidiary District ofthe City of
Carisbad
By:
(sign here) Patnfck A. Thomar/ Public Works Director
(as authorized by the Executive Manager)
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 Group 8
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President 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:_
Assistant General Counsel
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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 June 3 20 15
DATE
before me. Gerry Canfleld. 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.
1 certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph Is true and correct.
* I
GERRY C. CANFIELD
Commission # 2074237
Notary Public - California z rc c A n
San Diego County 5 IbtALJ
I J - - - MyComni. Expires Aup 8, 2018^
WITNESS my hand and official seal.
SIGNATURE OF NOTARY PUBLIC