HomeMy WebLinkAbout2001-03-27; City Council; 16126; Professional Engineering ServicesGITY OF CARLSBAD -AGENDA BILL
AB# 16, /L;z 6 TITLE: APPROVAL OF AGREEMENT FOR
PROFESSIONAL ENGINEERING SERVICES MTG. 3/27/O 1 WITH MGD TECHNOLOGIES, INC.
DEPT. ENG CITY MGRZS
RECOMMENDED ACTION:
Adopt Resolution No. zoo/ - 9.3 approving a consultant agreement with MGD
Technologies, Inc., for sewer trunk line monitoring services.
ITEM EXPLANATION:
The City of Carlsbad has adopted a Growth Management Program that requires the City to monitor
the performance of various public infrastructure facilities based on adopted performance standards.
One of the performance standards requires the adequacy of sewer line capacity in order to accommodate the increase in sewer flows from future land development projects. An important
element to the success of the Growth Management Program is to monitor the capacity of existing
sewer lines and develop an early warning system that allows for the planning and construction of
upgraded facilities in order to meet the demands created by future land developments.
The City has permitted a number of out-of-basin sewer connections and is currently considering
additional requests by various developments. In addition, the City also shares capacity rights in
certain interceptor systems with adjacent sewer districts and existing flows in these systems may
be reaching the contractual limitations. Out-of-basin sewer connections, in the short term, increases sewer flows to existing trunk systems and increases the potential for certain pipeline
capacities to be exceeded.
For these reasons, the Engineering Department is recommending establishing a bi-annual sewer
monitoring program in the following sewer interceptor systems:
a Vista/Carlsbad Interceptor a Buentiallecitos Interceptor
l North Agua Hedionda Interceptor
City staff solicited Statements of Qualifications from various firms and is recommending the
approval of a consultant contract with MGD Technologies, Inc., for the implementation of a three (3) year sewer monitoring program.
FISCAL IMPACT:
The proposed consultant contract establishes a not-to-exceed amount of $180,000 over the three (3) year term of the contract. Costs incurred for the monitoring will be paid from the collection of
sewer connection fees. Currently, there is an account balance of $141,937 for this sewer
monitoring program. Staff recommends appropriating $38,063 and eliminating the CIP
appropriation in the next two (2) fiscal years.
EXHIBITS:
1. Resolution No. a90/- 923 approving a consultant agreement with MGD Technologies, Inc., for sewer trunk line monitoring services
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RESOLUTION NO. 2001-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
WITH MGD TECHNOLOGIES, INCORPORATED FOR SEWER
TRUNK LINE MONITORING SERVICES.
WHEREAS, the City Council of the City of Carlsbad, California has reviewed the need for
the implementation of a bi-annual sewer monitoring program; and
WHEREAS, the Engineering Department solicited, received and reviewed Statements of
Qualifications for needed sewer monitoring services; and
WHEREAS, subsequent to a review of the Statements of Qualifications, staff
recommends MGD Technologies, Inc., as the most qualified consultant; and
WHEREAS, the agreement sets a maximum amount payable of $180,000 throughout the
three (3) year monitoring program; and
WHEREAS, the funds necessary to pay for services have been allocated through the
collection sewer connection fee program.
WHEREAS, existing funds are not sufficient to cover the entire contract.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That an agreement with MGD Technologies, Inc., a copy of which is attached as
Exhibit A to the agenda bill, is hereby approved.
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1 3. Authorize the appropriation of $38,063 from the Sewer Connection Fund to the
2 project.
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4 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
5 held on the 27th day of March , 2001 by the following vote, to
6 Wit:
7 AYES:Council Members Lewis, Kulchin, Finnila, Nygaard and Hall.
8 NOES: None.
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12 ATTEST: II
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(SEAL)
AGREEMENT FOR
SEWER MONITORING SERVICES WITH
MGD TECHNOLOGIES, INC., PROJECT NO. 33241
THIS AGREEMENT is made and entered into as of the day of 28th
March I 20~, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as “City”, and MGD Technologies, Inc., a
corporation, hereinafter referred to as “Contractor.”
RECITALS
City requires the services of an engineering firm to provide the necessary sewer
flow monitoring services for preparation of a bi-annual sewer trunk capacity analysis
report; and Contractor possesses the necessary skills and qualifications to provide the
services required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. CONTRACTOR’S OBLIGATIONS
MGD Technologies, Inc., will conduct bi-annual sewer flow monitoring at
locations established by the City of Carlsbad during one (1) wet weather and one (1)
dry weather period throughout a calendar year. MGD Technologies will monitor the
sewer flows within the following trunk line systems:
a VistaKarlsbad Interceptor System
0 BuenaNallecitos Interceptor System
l North Agua Hedionda Trunk Sewer System
rev. 4/24/00
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The duration of each testing event shall be established by the City based on the
described scenarios outlined in Exhibit “A”.
Each year, a sewer monitoring report shall be prepared which details the results
of the previous years data collections.
2. CITY OBLIGATIONS
The City shall provide the following:
1) Engineering maps clearly identifying each of the flow monitoring locations.
2) Provide an overall flow schematic diagram detailing each monitoring
location’s position relative to the other monitoring locations.
3) Provide a list of proposed flow monitoring locations with pipe diameters
identified at least 2-weeks prior to MGD’s mobilizations to the project sites.
4) Field confirm that manhole(s) are accessible, not buried, not paved over,
not on private property.
5) Field confirm that monitoring locations do not have accumulated debris
precluding flow monitoring equipment installation or causing flow disturbance.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (10) days after receipt of
notification to proceed by the City. Extensions of time may be granted if requested by
the Contractor and agreed to in writing by the Deputy City Engineer. The Deputy City
Engineer will give allowance for documented and substantiated unforeseeable and
unavoidable delays not caused by a lack of foresight on the part of the Contractor, or
delays caused by City inaction or other agencies’ lack of timely action.
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rev. 4/24/00
4. FEES TO BE PAID TO CONTRACTOR
The total fee payable for the services to be performed through the duration of
this agreement shall not exceed $180,000. No other compensation for services will be
allowed except those items covered by supplemental agreements per Paragraph 8,
“Changes in Work.” The City resemes the right to withhold a ten percent (10%)
retention until the project has been accepted by the City.
Incremental payments, if applicable, should be made as outlined in attached
Exhibit “A.”
5. DURATION OF CONTRACT
This agreement shall extend for a period of three (3) years from date written
above to June 30, 2004 based upon the annual appropriation of funds by the City
Council.
6. PAYMENT OF FEES
Payment of approved items on the invoice shall be mailed to the Contractor
within 30 days of receipt of the invoice.
7. FINAL SUBMISSIONS
Within thirty (30) days of completion of the annual (calendar) monitoring program
(typically the dry weather’monitoring event), Contractor shall deliver to the City the
following items:
MGD will deliver to the CLIENT two (2) copies of a flow monitoring data report for
both monitoring periods that is to include:
a Field investigation report(s) describing monitoring location information,
access information, and area maps.
l Hydrograph(s) of depth, velocity, and flow using hourly averaging of
1 Sminute measurements.
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rev. 4124100
0 Tabular output(s) of the flow using hourly averaging of 15-minute
measurements, including daily minimum, average, and peak flow rate.
0 Scatter graphs of depth vs. flow and depth vs. velocity for each site based
on 15-minute data.
0 Electronic version of depth, velocity, and flow rate data in 1%minute
measurements provided in CSV format on a 3.5” diskette compatible with
Microsoft Excel.
8. CHANGES IN WORK
If, in the course of the contract, changes seem meriied by the Contractor or the
City, and informal consultations with the other party indicate that a change in the
conditions of the contract is warranted, the Contractor or the City may request a change
in contract. Such changes shall be processed by the City in the following manner: A
letter outlining the required changes shall be forwarded to the City by Contractor to
inform them of the proposed changes along with a statement of estimated changes in
charges or time schedule. A Standard Amendment to Agreement shall be prepared by
the City and approved by the City according to the procedures described in Carlsbad
Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render
ineffective or invalidate unaffected portions of the agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained any
company or person, other than a bona fide employee working for the Contractor, to
solicit or secure this agreement, and that Contractor has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting
from, the award or making of this agreement. For breach or violation of this warranty,
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rev. 4/24/00
the City shall have the right to annul this agreement without liability, or, in its discretion,
to deduct from the agreement price or consideration, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee.
10. ANTI-DISCRIMINATION AND ANTI-HARASSMENT CLAUSE
The Contractor shall comply with all applicable state and federal laws and
regulations prohibiting discrimination and harassment.
11. TERMINATION OF CONTRACT
In the event of the Contractor’s failure to prosecute, deliver, or perform the work
as provided for in this contract, the City Manager may terminate this contract for
nonperformance by notifying the Contractor by certified mail of the termination of the
Contractor. The Contractor, thereupon, has five (5) working days to deliver said
documents owned by the City and all work in progress to the Deputy City Engineer.
The Deputy City Engineer shall make a determination of fact based upon the
documents delivered to City of the percentage of work which the Contractor has
performed which is usable and of worth to the City in having the contract completed.
Based upon that finding as reported to the City Manager, the Manager shall determine
the final payment of the contract.
This agreement may be terminated by either party upon tendering thirty (30)
days written notice to the other party. In the event of such suspension or termination,
upon request of the City, the Contractor shall assemble the work product and put same
in order for proper filing and closing and deliver said product to City. In the event of
termination, the Contractor shall be paid for work performed to the termination date;
however, the total shall not exceed the lump sum fee payable under paragraph 4.
rev. 4/24/00 -5 -
The City Manager shall make the final determination as to the portions of tasks
completed and the compensation to be made.
12. CLAIMS AND LAWSUITS
The Contractor agrees that any contract claim submitted to the City must be
asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation. The Contractor acknowledges
that if a false claim is submitted to the City, it may be considered fraud and the
Contractor may be subject to criminal prosecution. The Contractor acknowledges that
California Government Code sections 12650 et seq., the False Claims Act, provides for
civil penalties where a person knowingly submits a false claim to a public entity. These
provisions include false claims made with deliberate ignorance of the false information
or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks
to recover penalties pursuant to the False Claims Act, it is entitled to recover its
litigation costs, including attorney’s fees. The Contractor acknowledges that the filing of
a false claim may subject the Contractor to an administrative debarment proceeding
wherein the Contractor may be prevented to act as a Contractor on any public work or
improvement for a period of up to five years. The Contractor acknowledges debarment
by another jurisdiction is grounds
from the selection process. a?
ad to disqualify the Contractor
The provisions of Carlsbad My&F1 Code sections 3.32.025, 3.32.026,
to false claims are incorporated herein by reference.
rev. 4/24/00
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13. JURISDICTION
The Contractor agrees and hereby stipulates that the proper venue and
jurisdiction for resolution of any disputes between the parties arising out of this
agreement is San Diego County, California.
14. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor’s own
way as an independent Contractor and in pursuit of Contractor’s independent calling,
and not as an employee of the City. Contractor shall be under control of the City only
as to the result to be accomplished, but shall consult with the City as provided for in the
request for proposal. The persons used by the Contractor to provide services under this
agreement shall not be considered employees of the City for any purposes whatsoever.
The Contractor is an independent Contractor of the City. The payment made to
the Contractor pursuant to the contract shall be the full and complete compensation to
which the Contractor is entitled. The City shall not make any federal or state tax
withholdings on behalf of the Contractor or its employees or subcontractors. The City
shall not be required to pay any workers’ compensation insurance or unemployment
contributions on behalf of the Contractor or its employees or subcontractors. The
Contractor agrees to indemnify the City within 30 days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers’
compensation payment which the City may be required to make on behalf of the
Contractor or any employee or subcontractor of the Contractor for work done under this
agreement or such indemnification amount may be deducted by the City from any
balance owing to the Contractor.
rev. 4/24/00
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The Contractor shall be aware of the requirements of the Immigration Reform
and Control Act of 1986 and shall comply with those requirements, including, but not
limited to, verifying the eligibility for employment of all agents, employees,
subcontractors and Consultants that are included in this agreement.
15. CONFORMITY TO LEGAL REQUIREMENTS
The Contractor shall cause all drawings and specifications to conform to all
applicable requirements of law: federal, state and local. Contractor shall provide all
necessary supporting documents, to be filed with any agencies whose approval is
necessary.
The City will provide copies of the approved plans to any other agencies.
16. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications as herein
required are the property of the City, whether the work for which they are made be
executed or not. In the event this contract is terminated, all documents, plans,
specifications, drawings, reports, and studies shall be delivered forthwith to the City.
Contractor shall have the right to make one (1) copy of the plans for its records.
17. , REPRODUCTION RIGHTS
The Contractor agrees that all copyrights which arise from creation of the work
pursuant to this contract shall be vested in City and hereby agrees to relinquish all
claims to such copyrights in favor of City.
rev. 4/24/00
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1%. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the City of Carlsbad 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 willful misconduct, or negligent act, or omission 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.
19. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any monies
due thereunder without the prior written consent of the City.
20. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be performed under this
contract by the Contractor, Contractor shall be fully responsible to the City for the acts
and omissions of Contractor’s subcontractor and of the persons either directly or
indirectly employed by the subcontractor, as Contractor is for the acts and omissions of
persons directly employed by Contractor. Nothing contained in this contract shall
create any contractual relationship between any subcontractor of Contractor and the
City. The Contractor shall bind every subcontractor and every subcontractor of a
subcontractor by the terms of this contract applicable to Contractor’s work unless
specifically noted to the contrary in the subcontract in question approved in writing by
the City.
rev. 4/24/00
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21. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the City to
negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or
approving of this agreement, shall become directly or indirectly interested personally in
this contract or in any part thereof. No officer or employee of the City who is authorized
in such capacity and on behalf of the City to exercise any executive, supervisory, or
similar functions in connection with the performance of this contract shall become
directly or indirectly interested personally in this contract or any part thereof.
22. VERBAL ‘AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the
City, either before, during or after the execution of this contract, shall affect or modify
any of the terms or obligations herein contained nor entitle the Contractor to any
additional payment whatsoever under the terms of this contract.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, “Hold Harmless Agreement,” all
terms, conditions, and provisions hereof shall inure to and shall bind each of the parties
hereto, and each of their respective heirs, executors, administrators, successors, and
assigns.
24. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written
above.
rev. 4/24/00
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25. CONFLICT OF INTEREST
The City has determined, using the guidelines of the Political Reform Act and the
City’s conflict of interest code, that the Contractor will not be required to file a conflict of
interest statement as a requirement of this agreement. However, Contractor hereby
acknowledges that Contractor has the legal responsibility for complying with the
Political Reform Act and nothing in this agreement releases Contractor from this
responsibility.
26. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract and any
and all amendments insurance against claims for injuries to persons or damage to
property which may arise out of or in connection with performance of the work
hereunder by the Contractor, his agents, representatives, employees or subcontractors.
Said insurance shall be obtained from an insurance carrier admitted and authorized to
do business in the State of California. The insurance carrier is required to have a
current Best’s Key Rating of not less than “A-:V” and shall meet the City’s policy for
insurance as stated in Resolution No. 91-403.
A. Coveraoes and Limits.
Contractor shall maintain the types of coverages and minimum limits
indicated herein, unless a lower amount is approved by the City Attorney or City
Manager:
1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits shall apply
-11 - rev. 4/24/00
separately to the work under this contract or the general aggregate shall be twice the
required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved for
Contractor’s work for the City). $1 ,OOO,OOO combined single-limit per accident for bodily
injury and property damage.
3. Workers’ Compensation and Employer’s Liability. Workers’
Compensation limits as required by the Labor Code of the State of California and
Employer’s Liability limits of $1 ,OOO,OOO per accident for bodily injury.
4. Professional Liability. Errors and omissions liability appropriate to
the contractor’s profession with limits of not less than $1 ,OOO,OOO per claim. Coverage
shall be maintained for a period of five years following the date of completion of the
work.
B. Additional Provisions.
Contractor shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the following provisions.
1. The City shall be named as an additional insured on all policies
excluding Workers’ Compensation and Professional Liability.
2. The Contractor shall furnish certificates of insurance to the City
before commencement of work.
3. The Contractor shall obtain occurrence coverage, excluding
Professional Liability which shall be written as claims-made coverage.
rev. 4/24/00 -12 -
4. This insurance shall be in force during the life of the agreement and
any extension thereof and shall not be canceled without 30 days prior written notice to
the City sent by certified mail.
5. If the Contractor fails to maintain any of the insurance coverages
required herein, then the City will have the option to declare the Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order that the required coverages may be maintained. The Contractor is
responsible for any payments made by the City to obtain or maintain such insurance
and the City may collect the same from the Contractor or deduct the amount paid from
any sums due the Contractor under this agreement.
27. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to receive
written notice on behalf of the City and on behalf of the Contractor in connection with
the foregoing are as follows:
For City: Title Public Works Director
Department Engineering
Address 1635 Faraday Avenue
Carlsbad, CA 92008
For Contractor: - Title .%b%#h+
Name
Address T-
a- -wti ’ u
-License Number: q\ 63 \o (&L&&G)
Architect/License Number:
./ 28. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for the
duration of the contract.
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rev. 4/24/00
29. ENTIRE AGREEMENT
This agreement, together with any other written document referred to or
contemplated herein, along with the purchase order for this contract and its provisions,
embody the entire agreement and understanding between the parties relating to the
subject matter hereof. In case of conflict, the terms of the agreement supersede the
purchase order. Neither this agreement nor any provision hereof may be amended,
modified, waived or discharged except by an instrument in writing executed by the party
against which enforcement of such amendment, waiver or discharge is sought.
Executed by Contractor this lL* day of W .2od .
By: -
CONTRACTOR:
MGD TECHNOLOGIES, INC., a corpo2c- -
CITY OF CARLSBAD, a municipal
ATTEST: ?
(print name/title)
(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:
RONAL& R. BALL, City Attorney
rev. 4124100
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PROPOSAL FOR BIANNUAL FLOW MONITORING
FOR THE CITY OF CARLSBAD, CALIFORNIA
UNDERSTANDING OF THE PROJECT
MGO Technologies Inc. (MGO) understands that the City of Carl&ad, California wishes to
implement a bi-annual flow monitoring program on the Vallecitos, Vista (Buena), North Aguti
Hedionda, and South Agua Hedionda Trunk Sewers. After reviewing plans of the targeted
interceptors, MGO proposes conducting flow monitoring at ten (10) locations during the two
monitoring periods each year.
Flow monitoring periods are typically between seven (7) and thirty (30) days. MGO is
presenting four (4) different possible scenarios.
1 Scenario I Monitoring Period Lengths I
#1 7 days dry weather, 14 days wet weather 1 a?
#3
#4
14 days dry weather, 14 days wet weather
7 days dry weather, 30 days wet weather
30 days dry weather, 30 days wet weather
All work shall be done in accordance with the accompanying “MGD Technologies Inc. Terms
and Conditions for Temporary Flow Monitoring Services” unless specifically stated otherwise in this
proposal.
FEE SCHEDULE
Proposed fee for the Scope of Work described in each scenario above is lump sum, and is
presented in the following table:
Scenario
#I
#2
#I3
#4
Price for 2001
$42,378
$49,122
$57,794
$79,954
The proposed fees are for calendar year 2001. An escalator of 4% per year will be applied
to each year after 2001. This proposed fees include all labor, equipment and tools necessary to
perform the work and provide the deliverables described in this proposal. MGD shall submit progress
payment invoices at monthly intervals during the performance of these services. The progress
payment invoices will be based on MGD estimated completion percentages. At the completion of
services, MGO will submit a final invoice requesting payment of any remaining portion of the lump
sum not previously invoiced.
MGD Technologies Inc.
2/28/2001
Page 1
PROPOSAL FOR BIANNUAL FLOW MONITORING
FOR THE CITY OF CARLSBAD. CALIFORNIA
WORK SCHEDULE
MGD will coordinate the start of each monitoring period with the Cii of Carlsbad after MGD
receives a written notice to proceed. MGD’s flow monitoring schedule is anticipated to require the
following for each monitoring period:
0 2 days for the installation and programming of the flow monitoring equipment
0 up to 4 days for interim data collection depending upon length of monitoring period
0 1 day for flow monitor equipment removal
a Submittal of the final flow monitoring report deliverable will occur within 10 working days
of the completion of field services
MGD Technologies Inc. 2l28l2ODl Page 2
MGD Technologies Inc.
Terms and Conditions for
Temporary Flow Monitoring Services
MOD Scope of Services:
The services to be performed by MGD will include the following: 0 provide a P-person field crew f6r all MGD field work
actkities
0 provide sewer flow monitoring equipment to measure sanitary sewer ftows
0 install and program Row monitoring equipment at CLIENT designated locations
0 collect flow data and manually confirm depth and
velocity measurements of monitors: . at monitor equipment instelletion . at each interim visit . immediately prior to monitoring equipment removal
0 remove flow monitoring equipment at the end of the monitoring period 0 perform date processing and anatysis
0 prepare and delii a final report
Flow Monitoring Equipment:
The flow monitoring equipment provided by MGD
shall ba suitable for open channel sewer flow
monitoring. MGD will use portable, battery- powered ilow monitoring equipment at all flow
monitor locations. Flow monitors will be programmed to record measured flow depth and velocity at no greater than 1 5-minute
intervals.
For large diameter pipes e24” diameter), MGD
typically uses the ADFM Velocity Profilerm
(ADFM) flow monitor in place of tradiitional,
continuous-wave Doppler flow monitors. The
ADFM uses a combination IevelEvelocity transducer
featuring an upward-looking ultrasonic level sensor
and advanced pulse Doppler technology to
accurately measure valocities at multiple points
throughout the w&ad cross-section.
The ADFlWs pulse Doppler technology allows
much more accurate velocity measurement, and
therefore a more accurate ftow rate computation
than typical continuous wave Doppler systems. The
upward looking ultrasonic level sensor is less prone
to fouling, can measure full pipe conditions 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.
Revision January 2001 1
The ADFM is MGD’s preferred flow monitoring
technology. The ADFM typicatty measures flow rate with an accuracy of f 2% of actual flow rate.
For small diameter pipes (<24” diameter), MGD
will use American Sigma, or equal, area-velocity
flow monitoring equipment. These flow monitors
use bubbler or pressure sensor tachnology for level
measurement, and traditional ultrasonic (i.e., continuous wave Doppler) technology for velocity
measurement.
Typical accuracy of tradiional area-velocity flow
equipment is +I- 5% to 30%, due to the limitations
of this technology.
S&Sty: 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 flow monitoring, familiar with working in
the field and are trained in safe traffic control and
permit-required confined space access procedures.
A Bperson field crew is nominally required for safe confined space access (manhole entry) per OSHA regulation. MGD shall be fully responsible for its
own safety while on the job. MGD personnel shall comply v&h Cii, County, State and Federal OSHA
requirements.
MGD will provide limited traffic control setup with wnes and signs, as required. MGD assumes heavy traffic control, induding all labor
and equipment beyond wnes and signs, will be providad by others, if required. Heavy traffic control
would indude, but not be limited to, traffic plan(s),
flag person(s), anow board(s), lighted sign
board(s), etc.
Spydflc Exclusions: d
MGD specitically exdudes the following work tasks necessary to accomplish the base scope of work:
0 field loceting potential monitoring locations
0 uncovering buried or paved over manholes
0 accessing manholes on private property
II field visit(s) to the flow monitoring lo&on(s) between scheduled visits
cl submittal of data prior to final report submission
II moving flow monitors once installed
MOD Technologies Inc.
Terms and Conditions Temporary Flow Moniing Services
0 provision of more than a 2-person lieId crew
0 data loss due to events beyond MGD’s control
0 heavy traffic control is NOT provided by MGD.
Deliverables:
MGD will deliir to the CLIENT two (2) copies of a
flow monitoring data report that is to indude: field invesiigation &port(s) describing monitoring location information, access information, and area maps hydrcgraph(s) of depth, velocity, and flow using hourly averaging of Xi-minute measurements tabular output(s) of the flow using hourly averaging
of 15-minute measurements, induding daily
minimum, average, and peak flow rate
Scatter graphs of depth vs. llow and depth vs. velocity for each site based on 15minute data electmnic version of depth, velocity, and flow rate data in 15-minute measurements provided in CW format on a 3.5” diskette compatible tith Micmsoft Excel.
Responsbllities of the CLIENT:
MGD is proposing to provide a tumkey service that will minimally impact the CLIENT’s resources.
However, we will require certam items In advance
of MGD field actividles to accomplish the Base
Scope of Services. The items are:
provide engineering maps dearly identifying each of the flow monitoring looation(s) provide an overall flow schematic diagram detailing each monitoring location’s position
relative to the other monitoring locations
provide a list of proposed flow monitoring
location(s) vvith pipe diameters identified at
least 2-weeks prior to MGD’s mobiliion to
the project site (TmpefWve for preparing
sensor flow monitoring equipmen@
field wnfinn that manhole(s) are accessible, not buried, not paved over, not on private
property. etc. field confirm that monitoring locations do not have accumulated debris pm&ding flow
monitoring equipment installation or causing
flow disturbance
PsynmtTefms:
MGD shall submii progress payment invoices at
monthly intervals during the performance of
services. The progress payment invoices will be
based on MGD estimated completion percentages.
At the wmpletion of services, MGD will submit a final invoice for any remaining portion of the
wntrad amount not previously invoiced.
If MGD’s CLIENT is not the Primary Contraoting
entity, WENT 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 all
payments in excess of 30 days.
workscheduk MGD titl coordinate the start of the monitoring
period with the CLIENT after MGD receives a
written notice to proceed.
AddiilWorkttems: MGD shall not perform work outside of the Scope of Services listed in these Terms and Condiions for
Temporary Flow Monitoring Services unless
changed by written amendment executed by both MGD and CLIENT.
Insurance: MGD currently carries the following coverage:
Chubb - Federd lnsumnce Co. GeneralLIability: pobcy#35- Glp. 03/27/01
Automobils Llaii Poky#7314-9sa4
Exp. 03/27/01
Alaska NatIonA Insurance Co. vMxkerscompen.satloIl& EmployefsLlabilil
Polii#ooCw30503 Polii#OOCWS30504HI tsp. 03/27/01
Evanston Insurance Co. E&O PtMssional Liability: . Policy # EO805552
lap. 08m4/01
PhlladelDhia lrKfemllitv lnsuance Co ’ Dire&n’s 8 Oflicers Liability:
Policy#HFPW3422 l3p. ox2ml
Chubb Gmm of lnswance Co. umbre~uabllll: Poky # 7964-87-32
Exp. 03t27lOl
$1 ,ooo,ooo
Sl.OW,OOO
$1 ,ow,ooo
$1,ooo,ooo
$1 ,wQooo
SlO.OOO,OOO
Revision January 2001 2
State of California
County of 2& D 1 &a >
ss.
Dale
personally appeared
, before me, bfi;k ??- the;rqeL,
Name and We of Officer (e.g.. ‘Jane Doe, Ndary Public”)
qr? \r iar,vlskhk~~y
Name(s) of Signer(s)
k personally known to me
Cl proved to me on the basis of satisfactory
evidence
Place Notary Seal Above
to be the person# whose name@r$ isLz%e-
subscribed to the within instrument and
acknowledged to me that helm-executed
the same in his/he&b& authorized
capacity-, and that by his/he&be+
signature.won the instrument the pers0n.w or
the entity upon behalf of which the person&$
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 Attached Document
Title or Type of Document: %Wlih 4x 6QJ Lf7.4 of4dsboJ L.
Document Date: /Q r”rati 0 i Number of Pages: ‘6 1 2 C-&&-V
Signer(s) Other Than Named Above: ‘I&./t4 <%$~x%% I
Capacity(ies) Claim
Signer’s Name:
Cl Individual I
‘a Corporate Officer - Title(s): &I/& 6&.&J &i&Y
h Partner - 0 Limited 0 General
0 Attorney in Fact
Cl Trustee
Cl Guardian or Conservator
Cl Other:
Signer Is Representing: ‘%%) -~&4& / fl,/&> -/&/+&W;C:~ ;/
Top of thumb here
0 1999 National Notary Associalkm - 9350 De Soto Ave.. P.0 Box 2402 -Chatsworth. CA 91313.2402 - wwnalnnalnolaryov~ prod. No. 5907 Rewder: Cal Toll-Free l-80&976-6827
3arney 6 Barney, LLC-CA . .-. ..- - __
e.0. &ox B5638- COMPANIES AFFORDING COVERAGE jran Diego, CA 92186-5638 OCT f 1 r .-----.--.. -..- .----- --- ---. .._...^_._ - _-.._ _____. ._____.___._,_______________.__ _ ,.-. __. --.-. ._ _.
(858) 457-3424 CHUBB-FEDERAL INSURANCE CO Yst#: 4736
_.-----I-* I._,.________I____ -.-_^ -..- B AIdEdCA NATIONAL INSURANCE CO. ssuR=D MGD TECHNOLOGIES, INC. IlalmwlY I- c 6725-EXANSTON INSURANCE CO.
3815 CARROLL CANYON ROAD 3JITE 200 SAN DIEGO CA 92131
l”,.-“---. n+s IS To CERWY THAT THE POLICIES OF IkSbAiJcE BELOW HAM BEEN lS.SUED TO THE INBUREO NAMED ABOVE &A THE PouCY PERU30 INDICATED. ~o~WITHSTANJING ANY RE9lJIFlEMENl. TERM OR CONDITION OF ANY CONTRACT C%l OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTlFIcATE~Y~ BE ISSUE0 OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSlONS AND CONOITIONS ff SUCH POIJCIEB. LlMllS SHOWN MAY HAM BEEN REDUCED BY PAlD CWS.
“--I---- ------ -
-i
--___.- --.- -..-----‘-‘-7 --.--.-_--.-I --.-
POUCYHUMSER LIMITS
3525-90-64
7‘
I I
r I
i
i
03/27/00
I
UMBRELLAFOAM
iOTHERllUt4UMB~FoRM I
WORKER’SC
AND
E~YEFwuABlLlm I
i-PROPESSIONAL I C-LIABILITY
7314-96-64
NO‘COVERAGE
I
t
031271 01
03/27/Ol'$"'~&.f$'V
I-
s ---1_- I---- .;ka*jt&d*g
E0805552 :08/04/00~08/04/0l~$1,000,000 EACH CLAIM; I [$S,OOO DED. PER CLAIM. t -_. -. _.. _--
RE: FLOWMONITORING
*.. ..,‘.,.- .
CITY OF CARLSBAD
-
stiouL~ ANY OF THE ABOVE DESCRIBED PoLlcm BE CANCELLED BEFORE THE I
EXPIRATION DATE THEREOF. THE ISSUlNG COMPANY WILL ENDEAVOR To /
MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ’
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
AT'TN: VICTOR Y. OCCIANO, JR P.E. _ LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. _-_-_ 1635 FARRADY AVENUE AUTHOAIZEP REPRESENTATIVE
CARLSBAD CA 92008
e- %J- ___j_^_l-~ ---- ---
LiabiliQt insurance
Policy Period:
Effectii Date:
Policy Number:
Insured:
Name of Company:
Date Issued:
03/27/99 TO 03i27loO
10/09/00
3525-90-34
MGD TECHNOLOGIES, INC.
FEDERAL INSURANCE CO.
10/09/w
This Endorsement applies to the following forms:
GENERAL LlABILlTY
who k hsumd
p-&%%;- or
Under Who Is Insured, the fotlowing provision is added:
Any person or organkation 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 condions remain unchanged.
Llabllity lllsumm Additional lnsumd - Ownam, Lessees Or Contractors
Form 80-02-2305 (Ed. 4194) Endorsemenf
last page
pesef
10/3%/2000 14:32 1
.
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MGDTECHNCLOGIES PAGE 02/02