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Home My WebLink AboutMGD Technologies Inc; 2000-11-21;CITY OF CARLSBAD PROFESSIONAL SERVICES AGREEMENT UNDER $10,000 This letter will serve as an agreement between MGD Technologies, Inc., a California corporation, and the City of Carlsbad for professional services pursuant to Carlsbad Municipal Code Section 3.28.140 or 150. Your e-mail message, dated October 4, 2000 (attached as Exhibit “A”) and facsimile dated October 5, 2000 (attached as Exhibit “B”), outlines the scope of work for flow monitoring at two sites described in Exhibit “C.” The flow monitoring is to occur for seven (7) continuous calendar days at the two sites at a lump sum cost of $4,175. The Contractor shall perform the services provided for herein as an independent contractor and in pursuit of his/hers independent calling, and not as an employee of the City. Contractor shall be under the control of the City only as to the results to be accomplished. The Contractor shall comply with all applicable state and federal laws and regulations prohibiting discrimination and harassment. The Contractor shall obtain and maintain policies of comprehensive 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 current rating in the Bests Key Rating guide of at least A-:V in an insurable amount of not less than five hundred thousand dollars ($500,000) each, unless otherwise authorized and approved by the City Attorney or the City Manager. This insurance shall be in force during the life of this agreement and shall not be canceled without thirty (30) days prior written notice to the City by certified mail. The City shall be named as an additional insured on all these policies, except workers’ compensation and professional liability. The Contractor shall furnish certificates of insurance, with endorsements to the City before commencement of work. The Contractor shall file a conflict of interest statement with the City Clerk in accordance with the requirements of the City’s conflict of interest code incorporating Fair Political Practices Commission Regulation 18700 as it defines “consultant.” The disclosure category shall be all categories. This agreement may be modified by mutual consent of the City and the Contractor. Any change shall be in writing with a statement of estimated changes in charges or time schedule. The Contractor may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections Code Sections 3.32.025, et seq. The Contractor acknowledges that debarment by another jurisdiction is grounds for the Cit of Carlsbad to disqualify the Contractor from participating in the selection process. /y &z i ~,/~‘,./ /, , / (initial) (Initial) The Contractor agrees and hereby stipulates that the proper venue and jurisdjction for resolution of 4/24/00 any disputes between the parties arising out of this agreement is San Diego County, California. A City of Carlsbad business license shall be obtained and maintained for the duration of the contract. The City Manager or the Contractor may terminate the agreement at any time after a discussion, and written notice to the other party. The City will pay Contractor’s costs for service delivered up to the time of termination, if the services have been delivered in accordance with the agreement. Acknowledged and Accepted: CONTRACTOR: Name of Cpntragor v (print nHrne and.f.$le) 2 Date &-wgiw +&#WWLicense Number .- v Eh 4-H? w4 * d- m Number - G&W LD ~z”;,,zooo Date (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. 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: 4/24/00 State of California &in p>lc(r;i[) J County of > ss. On 43 @+/&r@ , before me, MP& icRfL-7 . lM@~ Date Title of Officer (e.g., ‘“Jane Doe. Notary Public”) personally appeared. /?I &&j.&y / Name(s) ofFigner(s) 1 1 ,I ,I ‘I j ,I ,I ,I ,i Place Notary Seal Above a.. *~- DAM-E R. HAMS 0 personally known to me +@! proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attache Title or Type of Document: Document Date: Number of Pages: f Signer(s) Other Than Named Above: h!h~ eJ Capacity(ies) C Signer’s Name: I 0. Individual SQ Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator q Other: Signer Is Representing: fi60 Top of thumb here 0 1999 National Notaly Association - 9350 DB Soto Ave P.O. Box 2402 * Chatsworth. CA 91313-2402 * wwnatlonalnotaryorg Prod. No. 5907 Reorder: Call Toll-Free t-800-876-6827 ._,s- Terry S:mith:-,Carlsbad, C,A - TFG ,@ 2.locations ,, , I Page 1: EXHIBIT “A” From: “Gary Skipper” <iiskipper@mgdinc.com> To: “Terry Smith” <tsmit@ci.carlsbad.ca.us> Date: 1 o/4/00 1: 16PM Subject: Carlsbad, CA - TFM @ 2 locations Thanks to you and Victor for getting together with Mike and me yesterday. We enjoyed talking about the flow metering equipment and services MGD can provide the City. For the two sites we discussed yesterday, MGD proposes to conduct temporary flow metering for 7days at the 2 sites for a fee of $4,175 lump sum. For your review, I’ve attached a Word file containing our Standard Terms and Conditions describing the specific work MGD proposes to perform. We can mobilize shortly after we receive a P.O. or NTP from the City. Let me know as soon as you are able as to when the City wants to begin the work. If I’m not available, please feel free to discuss the project with either Mike or Phil. Thanks, Gary Gary N. Skipper, P.E. Principal MGD Technologies Inc. 9815 Carroll Canyon Road, Suite 200 San Diego, CA 92131-1123 Tel: 858-695-9225 Fax: 8586956890 Cell:858-354-4279 http://www.mgdinc.com cc: “Mike Metcalf >MGD SD” <mike@mgdinc.com>, “Phil Brenner>MGD SD” <phil.brenner@mgdinc.com> EXHIBIT “Br 9815 CARROLL CANYON ROAD, SUITE 200 SAN DIEGO, CA 92131 PHONE: (858) 695-9226 FAX: (858) 6954890 FAX 4 nc. Phone: Date: Number of pages including cover Shttt Phone: fax phone: 9815 Carroll Canyon Rd. Suite 200 San Diego, CA 92131 (856) 695-9225 ex. (858) 695-6890 REMARKS: 0 Urgent q For your review 0 Reply ASAP 0 PI dasc comment MGD Technologies Inc. . Terms and Conditions for Temporary Flow Monitoring Service8 MGD Scope of SetvIces: The services to be performed by MGD will include the following: 0 provide 8 2-person field crew for all MGD field work activities 0 provide sewer flow monitoring equipment to measure sanitary sewer flows 0 install and program flow monitoring equipment at CLIENT designated locations o collect Row data and manually confirm depth and velocity measurements of monitors: . at monitor equipment instsllation . at each interim visit . immediately ptior to monitoring equipment removal o remove flow monitoring equipment at the end of the monitoring period 0 perform data processing and analysis o prepare and deliver a final report Flow Monltarlng Equipment: The ftow monitoring equipment provided by MGO shall be suitable for open channel 98wec Ilow monitoring. MGD will use portable, baltery- powered flow monitoring equipment at all flow monitor locations. Flow monitors will be programmed to record measured flow depth and velocky at no greater than 1 5-minute intervals. For large diameter pipea (LZ4” dim&or), MGD typically uses the ADFM Velocity Profllerw (ADFM) fkw monitor in place of traditional, continuous-wave Doppler flow monitors. The ADFM uses a combination IeveVvelocity transducer featuring an upward-looking ultrasonic level sensor and advanc8d pulse Doppler technology to accurately measure velocltii at multiple points throughout the wetted cross-section. The ADFM’s pulse Doppler teohnology allows much more accurate velocity measurement, and therefore a more accurate flow rate computation than typical continuous wave Doppler systems, The upward looking ultrasonic level sensor is less prone to fouling, can measure full pipa con&ii and is less susceptible to failure from strikes by floating debris than other sensors. Additionally, the upward looking ultrasonic level sensor does not experience drift in measurements as do pressure and bubbler sensor systems. The ADFM is MGD’s preferred flow monitoring technology. The ADFM typIcally measures flow rate with an ammcy off 2% of actual Pow rate. For small dirmmtor plpw (<W’ dkrneter), MGD will use Am&in Sigma, or equal, area-velocity flow monitoring equipment These flow monitors use bubbler or pressure sensor technology for level meaiurernent, and traditional ultrasonic (i.e., continuous wave Doppler) technology for velocii measurement, Typical accuracy of traditional area-velocity ftow equipment is +I- 5% to 30%, due to the limitatiis of this technology. Safety: MGD has full responsibility for the safety of its employees and agents, including providing appropriate safety equipment for its field personnel. MGD shall assign personnel to the project who are trained in Vow monitoring, familiar with working in the fieki and are trained in safe traWe control and permit-required confined space access procedures. A 2-person field crew is nominally required for safe confined space access (manhole entry) per OSHA regulation. MGD shell be fully responsible for its own safety while on the job. MGD personnel shall wmpty with Cii, County, State and Federal OSHA requirements. MGD will provide limited traffic control setup with cones and signs, as required. MGD assumes the CLIENT will provide heavy traffic control, including all labor and equipment beyond cones and signs, if required. SpocMc Exctusionr: MGD specifk~lly excludes the following work tasks necessary to accomplish the bass scope of work: 0 field locating potential monitoring locations o uncovering buried or paved over manholes CI accessing manholes on private property 0 field visit(s) to the flow monitoring location(s) between scheduled visii o submittal of data prior to final report submission 0 moving fbw monitors once installed o provision of more than a 2-person field ctw o data loss due to events beyond MGD’s control Revision 16 August 2000 1 MGD Technolo@es Inc. Term8 and Conditions Temporary Flow Monitoring Services o heavy traffic control is NOT provided by MGD. Heavy traffic control would include, but not be limited to, traffic plan(s), flag person(s), arrow board(s), sign board(s), etc. Dmllvmrablmm: MGD will deliver to the CLIENT two (2) copies of a fiow monitoring data report that is to include: ofieid investigation ~POW dsscribing monitoring iocation information, access information, and area maps o hydrograph(s) of depth, velocity, and flow using hourly averaging of IS-minute measurements o tabular ou@ut(s) of the flow using houtly averaging of 1 B-minute measurements, induding daily minlmum, average, and peak fbwfatc o electronic ‘version of depth, velocity, and flow rate data in 15-minute measurements provided in CSV format on a 3.5” diskette compatible with MicrosoR Excel. Roe#mnrlMlJtlmm of the CLIENT: MGD is proposing to provide a turnkey service that will minimaiiy impact the CLIENT’s nzscn~rceb. However, we will require certain items in advance of MOD fled atdvities to accomplish the Base Scope of Services. The items are: ‘provide engineering maps deafly identifying eech of the Bow monitoring location(s) provide an overall flow schematic diagram detailing each monitoring locatii’s positi& n?iative to the other monitoring iocatbns provide a Iii of proposed fiow monitoring ioc&on(s) with pipe diameter6 Identified et least 2-weeks pdor to MGD’s rnobllization to the pmject site (impeathfa for preparing bunsof flow monitoring equlpm~ field confirm that manhole(a) are aazessIbie, not buried, not paved over, not on private property, etc. field confirm that monitoring iocations do nut have accumulated debris precluding fbw monitoring equipment lnstaiiation or causing Ikw disturbance MGD shall submit progress payment Invoices at monthly intervals during the performance of services The progress payment invoices will be based on MGD estimated completion permntages. At the completion of services, MGD will submit a final invoice for any remaining portion of the contract amount not previousty invoiced. if MGD’s CLIENT is not the Primary Contracting entity, CLIENT shall invoice the Primary Contracting entity for MGD work within 5 business days of receipt of MGD invoice. Payment Terms are Net 30 days. 1.5 % per month interest shall be added to ail payments in excess of 30 days. work 3ch8dule: MGD will coordinate the start of the monitoring period with the CLIENT after MGD receives a written noticetoproceed. Acldltlonri Work itmms: MGD shall not perform work outside of the Scope of Services listed in these Terms and Conditions for Temporary Flow Monitoring Services unless changed by written amendment executed by both MGD and CLIENT. In8urwwe: MGD currently carries the foilowlng coverage: Chubb - Federal Insurance Co. General Liabiilty: $1,000.000 Policy t 3525-9064 Exp. 327/01 Automobiie Liibiiii: PoIii 17314-9864 Exp. 3/27/01 51,000,000 Commercial Umbrella Policy 0 7QS4-87-32 Exp. 3/27IOl 810,000,000 Alaska National I sumnce Co. Workers Compensation 8 Employers Liability: 53,000,ooo Pdicy # OOC ws 30503 CA/co Policy w ooc ws 30504 Hi Exp. 3i27IOl Revision 16 August 2000 2 E II II II II II II rrrrry 0 ll>JIl--a rmua 2 a / Camino Hills Interceptor Sewer I? 0 !k 0 ,i, y pq + 1 p I i b i \ \ I .\ /I \ ‘\ 1’ \ /I ~c”~9”“~‘-““~‘--, L- *c-) rr-- \. \ ** i --I / *- Ire /-* Y’r 5LIILIIII/CI ---,LT’” / ** / M4 4* rmrrrd / /I / / /I / 4) / /I /I / 4* #* 4. .’ / /I d@d ._I 1’ I- /- /I 1’ / 1’ / 1’ / / ,/I & ,/I’ / / / / J ;f I I ,; / // /I /. ’ / ,’ /I - b /I /I /I // . c, /I / /I / / /’ /I -PO ,/’ /I / // . n, 1’ 1’ /’ / ; _. . 1 ;.“,,.&q, : z’., .* .: ._. .- : . .i..T;& .>I. .” ,‘. .. : ,:. .._ - _,.* :” ‘y si”;; .‘i ” ..a.- ..” ::: ‘>‘,Y? t : -~‘,,,&“:. ‘,d.- ,,‘:, .+ I 1 I 1 j i ,o/ ml Im”l ‘XI : I AdidhRlBa CERTIFICATE OF INSU ISSUE DATE (MMIDD~ ‘RODUCER Barney & Barney, LLC-CA Barney & Barney, Inc-CA LicOC24 P.O. Box 85638 COMPANIES AFFORDING COVERAGE San Diego, CA 92186-5638 (858) 457-3414 Mst#: 4736 ENGINEERINFER I------ -- I___ _._~.E!?~-!TME~%MPANY B I~- l....-. i ALASKA-NATIONAL INSURAN& CO. INSURED MGD TECHNOLOGIES, INC. j LEl-tER ) j COMPANY j LEiTER c 6725-EVANSTON INS&.&E -CO. ) _ 9815 CARROLL CANYON ROAD jCot.tP~Y D NO COVERAGE ON THIS DOCUMENT SUITE 200 : LEITER : SAN DIEGO CA 92131 j@$f'y E NO COVERAGE ON THIS DOCUMENT $ COVEFIAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _“.. _. ” .)_ ^ “, ,, ,“. ,” ..” “. LIMITS ^“.. I .._.. “““..l”.“.__ .-l”” ._ .““” . . .” ._. COMMERCIAL GENERAL LIABILITY --._-l._-..__ ALL OWNED AUTOS ,.“,_^__ SCHEDULED AUTOS 7314-96-64 .x--j NON-OWNED AUTOS GARAGE LIASILIlY *.*.*.*.*.*.dc.*.zk.( 1 1 i 1 WORKER’S COMPENSATION j ! STATUTORY LIMITS i__^.._ i._.“_ .“.“... ...” ..._.” .i-,..“~ . .^_.. .., B/ AND j 00cws30503 / 0 3 / 2 7 / 0 0 j 0 3 / 2 7 / 0 1 jEACHEFL---.~ -/5*..&-i-@@&i..**( 1 EMPLOYERS’ LIABILITY 1 J9’SEASIE._PO~!~~C!MIT . .._..... /fi-&.--JQQ.;.Q.Q.( 1 / j /DISEASE-EACH EMPLOYEE ~ *, n / , I - ioTHERPROFESSIONAL 1 1 / /$2,000,000 AGGREGATE; C/LIABILITY 1~0805552 ~08/04/00j08/04/01~$1,000,000 EACH CLAIM; j j 1 /$5,000 DED. PER CLAIM. I 4 )ESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I SPECIAL lTEMS CALIFORNIA RE: FLOW MONITORING :ERTFlCATB HOLDER CANCELLATK3N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF CARLSBAD MAIL 3 () DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ATTN: VICTOR Y. OCCIANO, JR P.E. LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 1635 FARRADY AVENUE AUTHORIZED REPRESENTATIVE CARLSBAD CA 92008 hGQRa25-6m‘- Liability Insurance . , Policy Period: 03/27/99 TO 03/27/00 Effective Date: 1 o/09/00 Policy Number: 3525-90-34 Insured: MGD TECHNOLOGIES, INC. Name of Company: FEDERAL INSURANCE CO. Date Issued: 10/0!3/00 Endorsement: This Endorsement applies to the following forms: GENERAL LIABILITY Who Is Insured Owners, Lessees Or Contractors Under Who Is Insured, the following provision is added: Any person or organization designated below is an insured, but only with respect to their liability as owner, lessee or contractor arising out of your ongoing operations performed for that insured. Designated Owner, Lessee Or Contractor CITY OF CARLSBAD All other terms and conditions remain unchanged. Authorised Representative Liability Insurance Form 80-02-2305 (Ed. 4/94) Additional Insured - Owners, Lessees Or Contractors Endorsement last page Page I / 10/30/2000 14:32 1 B 4 u” tC: i3g 8- fKN 8, Emi 23 Cm ii . 8 5: 0 W r 8 MGDTECHNOLOGIES PAGE 02/02