HomeMy WebLinkAboutMael, Jennifer R. dba Mission Consulting Services; 2015-10-16; UTIL1280UTIL1280
AGREEMENT FOR POTABLE WATER MODELING SERVICES
FOR THE MAERKLE RESERVOIR PIPE ANALYSIS
JENNIFER R. MAEL, dba MISSION CONSULTING SERVICES
ENT is made and entered into as ofthe day of
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 services of an engineering consultant that is experienced
in preparing a hydraulic evaluation of the potable water system to determine the appropriate size
for the existing 12° Maerkle Reservoir discharge pipe. Contractor has the necessary experience
in providing these professional sen/ices, 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 perfomi, and Contractor agrees to render, those sen/ices (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 Sen/ices to be perfomied will be four thousand five hundred dollars
($4,500). No other compensation for the Sen/ices 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 work and/or the Sen/ices 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 work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directiy 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'
compensation is included as a loss, expense or cost forthe purposes ofthis section, and that this
section will survive the expiration or early termination of this Agreement.
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6. INSURANCE
Contractor will obtain and maintain policies of commercial general liability insurance, automobile
liability insurance, a combined poiicy 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-:V11";
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 ieast "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 shali provide primary coverage to CMWD.
The full limits avaiiable to the named insured shall aiso be avaiiable and applicabie to CMWD as
an additional insured. Contractor wiii fumish 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 ail 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 will 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
faise claims as set forth in the Califomia False Claims Act, Government Code sections 12650, et
seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges
that debamient 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,
Califomia.
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.
13. AMENDMENTS
This Agreement may be amended by mutuai 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
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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 iegal 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
Jennifer R. Mael / Sole Proprietor - Owner
(print name/titie)
CARLSBAD MUNICIPAL WATER
DISTRiCT, a Public Agency organized
under the Municipal Water Act of 1911,
and a Subsidiary District ofthe City of
Carlsbad
Patricft A. Thomas / Pubiic Worths 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
foilowing two groups.
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resoiution certified by the secretary or assistant
secretary under corporate seai empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, General Counsel
Assistant General Counsel
General Counsel Approved Version 4/2/15
CERTIFiCATE OF EXEMPTION
WORKERS' COMPENSATION/EMPLOYERS' LlABiLiTY INSURANCE
I, JENNIFER MAEL. am the Sole Proprietor of MISSION CONSULTING SERVICES. I
hereby certify that MISSION CONSULTING SERVICES has no employees and is not
required by law to maintain worlters' compensation or employers' liability insurance.
Should MISSION CONSULTING SERVICES employ any person during the term of the
Agreement with the City of Carlsbad for RECYCLED WATER MODELING SERVICES
TO DETERMINE ADDITIONAL STORAGE NEEDS AT THE TWIN D TANK SITE, then
workers' compensation and employers' liability insurance will be obtained.
Executed on this iT^^dav of SeC^jmhiT, 2015 at OVHlObU
California
MISSION CONSULTING SERVICES
Name
(_Si£M^ature ^
SOLE PROPRIETOR-OWNER / JENNIFER R. MAEL
Title
^ MCS
Mission Consulting Services
WATER SYSTEMS SPECIALISTS
September 2, 2015
Mr. Mark Biskup
Public Works Utilities Division - Engineering
City of Carlsbad
5950 El Camino Real
Carlsbad, CA 92008
RE: MAERKLE RESERVOIR 12-INCH PIPE ANALYSIS
Mr. Biskup,
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 the Maerkle Reservoir
discharge pipe, which is currently a 12-inch pipe. The City has requested that the existing 12-inch
line be upsized to accommodate additional flow needs from Maerkle Reservoir under certain
demand and operational conditions. This analysis will also take into account results from the
ongoing 490 Zone Expansion analysis currently being conducted by MCS.
A description of the 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 potable water hydraulic model under existing and
ultimate demand conditions. Note that the existing system will use 2009 demands and
facility data. Updating system demands and system calibration are not included in this
scope of work.
2. Obtain SCADA information for flow splits from Maerkle Tank and Maerkle Reservoir.
3. Perform analyses to determine appropriate sizing for new discharge line.
a) Existing maximum day demand conditions (no expansion of 490 PZone) with
Maerkle Tank out of service to maximize flow from the Reservoir.
b) Future maximum day demand conditions to include the 490 PZone
Expansion areas and the Maerkle Tank out of service.
OFFICE: 619.334.4099 MOBILE: 619.851.5178 jmaeI@missbnconsultingsd.Gom www.missionconsultingsd.com
Page I 2 of 2
C. Report
1. Prepare a technical memorandum discussing the findings of the analysis. A maximum of
two (2) graphics will be provided.
I
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. If you have any questions, please do not hesitate to call me at 619.334.4099.
Sincerely,
inifer Mael, P.E.
Project Manager
orrici: 619.334.4099 MOBILE 619.851.5178 jmael@missionconsultingsd.com www.missionconsultingsd.com
Donna Heraty
From: Donna Heraty
Sent: Monday, October 26, 2015 1:39 PM
To: 'jmael@missionconsultingsd.com'
Cc: Rhonda Gasper-Heather; Shelley Collins; Janean Hawney
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 Carlsbad for Potable Water Modeling Services, UTIL1280 -
// 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 Carlsbad. A copy ofthis 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 Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008-1949
www.carlsbadca.gov
760-434-2917 I Shellev.Collins@carlsbadca.gov
Conne^t^f/, M.S
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