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HomeMy WebLinkAboutUtility Systems Science and Software Inc; 2012-06-22; UTIL878UTIL878 RATIFICATION OF AGREEMENT FOR SEWER FLOW MONITORING SERVICES (UTILITY SYSTEMS, SCIENCE AND SOFTWARE, INC.) THIS AGREEMENT is made and entered into as of the day of sT^^g^ , 2012, but effective as of the 2"^^ day of May, 2012, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and UTILITY SYSTEMS SCIENCE AND SOFTWARE, INC., a California corporation ("Contractor") RECITALS City requires the professional services of a contractor that is experienced in sewer flow monitoring data collection. Contractor has the necessary experience in providing these professional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein. City and Contractor agree as follows: 1. SCOPE OF WORK City 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 four thousand nine hundred fifty dollars ($4950). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City 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 City. Contractor will be under the control of City only as to the results to be accomplished. 6. INDEMNIFICATION Contractor agrees to Indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys 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 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 City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' 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. City Attorney Approved Version 2/17/12 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 current rating in the Best's Key Rating guide of at least A-:VII OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X", in an amount of not less than one million dollars ($1,000,000) each, unless othen/vise 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 the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City'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 City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City 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 California False Claims Act, Government Code sections 12650, et seq.. and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad 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 City. 13. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or City Attorney Approved Version 2/17/12 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 UTILITY SYSTEMS, SCIENCE AND SOFTWARE^ INC., a California corporation (sign here) (print name/title) ' CITY OF CARLSBAD, a municipal corporation of the State of California By: City Monogcr or Mayor or Direct^Q^vjr.'^;,R£^;;;-..'--f ATTEST: LORRAINE M. WOOD City Clerk print name/title) If required by City, 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: RONALD R^^a^irki^City Attorney Assistant City Attorney City Attorney Approved Version 2/17/12 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _U On } personally appeared Name(s) of Signer(s) LISA MICHELLE PORTER I I COMM. #1904730 ^ I NOTARY PUBLIC-CALIFORNIA g FRESNO COUNTY , ^ ^My Comm. Expires September 19,2014 Place Notary Seal Above who proved to rm on the basis of satisfactory evidence to be the personjl^fwhose nam^^eiflsiar^ subscribed to the within instrument and acknowfedged to me that he/§b€7fFj©y^ executed the same in his/^jjfTOa^authprized capacity(ipgjrand that by his/j?^tt»«tr^gnature(«!)on the instrument the person^^f, or the entity upon behalf of which the person(s)^cted, 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. WITNESS Signature OPTIONAL Though the information below is not required by law, it may prove vatdablffto persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Documpnt: Document Date Doument: Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • • • • • • Other: Corporate Officer — Title(s): Partner — • Limited • Genera Attorney in Fact Trustee Guardian or Cons^ator RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer la,*f(epresenting: Signer's Name: • Individual • Corporate Officer — Title(s) • Partner — • Limited • Genej • Attorney in Fact • Trustee • Guardian or Cons^ator • Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer l^epresenting:. ©2007 National Notary Association • 9350 De Soto Ave., RO. Box 2402 • Chatswortti. GA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1 -800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of Califomia County of Orange personally appeared before me, Blanca Yessenia Jahromi Notary Publlr: ' /I /i . Here Insert Name and Titte of ttie Officer '// , ^ I hrnre insert Name ana line.0 'art fJ/lnO,^ ^ Name(s) of Signer(s) BLANCA YESSENIA JAHROMI Commistion # 1894696 Notary Public - California Oranga County g My Comm. Expiraa Jul 4.20141 who proved to me on the basis of satisfactory evidence to be the person(8) whose name(80 is/af& subscribed to the within Instmment and acknowledged to me that he/sb©/they executed the same in his/h©f^their authorized capacity(ie^, and that by his/bw/their signature(^ on the instrument the personCsjC' 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 Califomia that the foregoing paragraph Is true and correct. WITNESS my hand Seal. y^ Place Notary Seal At»ve Signature: OPTIONAL — ature of Notary Public r the document Though the information below is not required by law, it may prove vajii . _ and could prevent fraudulent removal and reattachment of this fomi to another document. Description of Attached Dqcj Title or Type of Document: ^l2rA ^.^^ ^ Document Date: fi^/2Y^ ^{P^./IP^ Number of Pagfe§ Signer(s) Other Than Named Aoove: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Individual • Partner— • Limited • General • Attorney in Fact • Trustee • Guardian or Consen/J • Other: RIGHTTHUMBPRINT OF SIGNER Top of tfxjmb I Signer Is Representing: Signer's Name: _ • Corporate Of^c • h • Partner - • Limited • General • Attorney in Fact • Trustee • Guardian or Consen/ator • Other: RIGHTTHUMBPRINT GF SIGNER Top of thumb here ) 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Asset ID# 41A-5 BillTY SYSTEMS. SCIENCE AND SOFTWARE 600 Parkcenter Drive, Suite 209 Santa Ana, CA. 92705 Phone: (714) 564-3494 Fax: (714) 542-1332 Tuesday, April 17, 2012 City of Carlsbad 5950 El Camino Real Carlsbad, CA92008 Attention: DonWasko Subject: Temporary Flow Monitoring Ponto trunk line Hello Don, Per your email, that you have requested a temporary flow study for City Carlsbad, Within this document is the meter used and the Price proposal for the Scope of work requested. We will use the Marsh-McBirney Flo Dar. Please see below. / ,/ / / • I •..mmmm. IBB Radar Velocity Uttrasonic Depth Surcharge Velodty Page 1 of3 Asset I D# 41 A-5 LIIY SYSTEMS. SCIENCE AND SOFTWARE Flo-Dar - Flow Meter for Sewers & Open Channels The Flo-Dar Family of flowmeters provides a revolutionary approach to open channel and sewer flow monitoring. Flo-Dar combines digital doppler radar velocity sensing technology with ultrasonic pulse echo level sensing to remotely measure open channel flows. Flo-Dar's unique non-contact measuring technology means trouble-free sewer flow monitoring. It even won the Water Environment Federation's Innovative TechnoloQV Award! Like all Marsh-McBirney products, Flo-Dar sets the standard for ease-of-use, accuracy, and reliability. Flo-Dar accuracy has been independently confirmed by Alden Labs as well as the satisfaction of thousands of Flo-Dar users. Read our white paper, "Understanding the Flo-Dar Flow Measuring Svstem" for more details and verified test data. Cost Proposal US3 Cost Proposal Task Qnty Description Price Extended Task 1 Temporary Flow Meters (Model 460) 1 Temp Flow Monitor 650 $650 1 Permits by others 0 $0 1 Materials 125 $125 775 Sub-Total $775 Task 2 1 Temp Flow Meter Installation 1,360 Sub-Total $1,360 Page 2 of 3 Asset I D# 41 A-5 LITYSYSTEMS. SCIENCE AND SOFTWARE Task 3 0 Manual Data Collection 0 Sub-Total $0 Task 4 1 Removal Meters 540 Sub-Total $540 Sub Total $2,675 Option 1 Lot Flow Monitoring Data Analysis Per Report 1 Sub-Total $375 We will leave the units in for Two Weeks. If you want, we could create a report for you (see Option 1 above) or provide you with the raw data in an xls file format. Should we deliver the flow monitoring analysis report, this will be used to provide the current conditions of the sewer system. Sincerely, Thomas Williams Engineering Manager UTILITY SYSTEMS SCIENCE & SOFTWARE 10979 San Diego Mission Road San Diego, Ca 92108 619-546-4281 WORK 855.USCUBED TOLL FREE 619-398-7799 Cell 714.542.1332 FAX http ://www.uscubed.com/usss/ Page 3 of 3 Print Preview Page 1 of 1 http://gismap02v/atlasMapsAVebPages/print/PrintPreviewPage.aspx 5/8/2012 Asset IDtt 41A-18 LITYSYSTEMS. SCIENCE AND SOFTWARE 600 Parkcenter Drive, Suite 209 Santa Ana, CA. 92705 Phone: (714) 564-3494 Fax: (714) 542-1332 Friday, May 04, 2012 City of Carlsbad 5950 El Camino Real Carlsbad, CA 92008 Attention: DonWasko Subject: Move Sensor from the temporary Flow Monitoring Ponto trunk line to the Leucadia sewer line per Don Wasko. Hello Don, Per your email, that you have requested a temporary flow study for City Carlsbad, Within this document is the meter used and the Price proposal for the Scope of work requested. We will use the Marsh-McBirney Flo Dar. Please see below. Radar Velocity Ultrasonic .--^ Depth Surcharge Velocity Page 1 of 3 Asset I D# 41A-18 LITY SYSTEMS. SCIENCE AND SOFTWARE Flo-Dar - Flow Meter for Sewers & Open Channels The Flo-Dar Family of flowmeters provides a revolutionary approach to open channel and sewer flow monitoring. Flo-Dar combines digital doppler radar velocity sensing technology with ultrasonic pulse echo level sensing to remotely measure open channel flows. Flo-Dar's unique non-contact measuring technology means trouble-free sewer flow monitoring. It even won the Water Environment Federation's Innovative Technology Award! Like all Marsh-McBirney products, Flo-Dar sets the standard for ease-of-use, accuracy, and reliability. Flo-Dar accuracy has been independently confirmed by Alden Labs as well as the satisfaction of thousands of Flo-Dar users. Read our white paper, "Understanding the Flo-Dar Flow Measuring Svstem" for more details and verified test data. Cost Proposal US3 Cost Proposal Task Qnty Description Price Extended Task 1 Temporary Flow Meters (Model 460) 1 Temp Flow Monitor 650 0 1 Permits by others 0 0 1 Materials 125 0 775 Sub-Total 0 Task 2 1 Temp Flow Meter Installation 1,360 Sub-Total $1,360 Page 2 of 3 AssetlD#41A-18 m LITY SYSTEMS. SCIENCE AND SOFTWARE Task 3 0 Manual Data Collection 0 Sub-Total $0 Task 4 1 Removal Meters 540 Sub-Total $540 Sub Totai $1,900 Option 1 Lot Flow Monitoring Data Analysis Per Report 1 Sub-Total $375 We will leave the units in for Two Weeks. If you want, we could create a report for you (see Option 1 above) or provide you with the raw data in an xls file format. Should we deliver the flow monitoring analysis report, this will be used to provide the current conditions of the sewer system. Sincerely, Thomas Williams Engineering Manager UTILITY SYSTEMS SCIENCE 8i SOFTWARE 10979 San Diego Mission Road San Diego, Ca 92108 619-546-4281 WORK 855.USCUBED TOLL FREE 619-398-7799 Cell 714.542.1332 FAX http://www.uscubed.com/usss/ Page 3 of 3 Print Preview Page 1 of 1 41 a-18 Map Printed On {2012-05-08 09:41} ^erwered by ROLTA OnPoint^' http://gismap02v/atlasMaps/WebPages/print/PrintPreviewPage.aspx 5/8/2012