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Home My WebLink About1998-11-17; City Council; Resolution 98-383' I/ 0 0 1 2 3 4 5 6 7 RESOLUTION NO. 98-383 EXHll A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, FOR APPROVAL AND ACCEPTANCE OF PROPOSAL FROM KRIEGER AND STEWART CONSULTANTS TO PROVIDE ENGINEERING DESIGN SERVICES FOR THE FOXES LANDING SEWER LIFT STATION UPGRADE, CMWD PROJECT NO. 98-407, CITY PROJECT NO. 36561 WHEREAS, Requests for Proposals were requested to provide the nece: I 8 design and construction engineering services for the Foxes Landing Sewe 9 engineering design services for preparation of a preliminary design report, lo (1 Station Upgrade, CMWD Project No. 98-407; and responses were received 11 AKM Consultants, Brown and Caldwell, and Krieger and Stewart Consultants; 12 13 after review of the proposals, the staff recommended Krieger and St( 14 Consultants based on a good understanding of the work to be performed and a. 15 most responsive in meeting the objectives of the engineering design services; a1 16 WHEREAS, the City Council of the City of Carlsbad, California, I" determined it necessary and in the public interest for approval and acceptance 18 proposal from Krieger and Stewart Consultants to prepare a preliminary dc 19 20 ll report, final design, and construction engineering services for the Foxes Lar 21 Sewer Lift Station Upgrade, CMWD Project No. 98-407; and 22 WHEREAS, funds appropriated in the amount of $400,000 have 23 25 Upgrade, and the project cost estimated for the engineering design services fo 24 appropriated in the 1998-99 budget for the Foxes Landing Sewer Lift St; Foxes Landing Sewer Lift Station Upgrade, CMWD Project No. 98-407, is $82 26 for engineering services and $9,792 for contingencies, therefore, there are suffi 27 28 funds available for this project. ll e 0 II 1 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the Cii 2 // Carlsbad, California, as follows: 3 2. That the attached agreement between Krieger and Stewart Consul1 4 1. That the above recitations are true and correct. !5 6 and the City of Carlsbad be approved and accepted; and 7 8 9 10 3. That the Mayor, as representative of the City of Carlsbad, is authol and directed to execute the proposed agreement between Krieger and St€ Consultants and the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the 11 Council of the City of Carlsbad, California, held on 17th d a, I/ 12 // November , 1998, by the following vote to wit: 13 14 15 16 17 18 19 20 I AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall NOES: None ABSENT: None ~ ATTEST: 21 22 n k9. 14- ALETHA L. RAU~TENK~ANZ, city Cle6 23 24 (SEAL) 25 26 27 CMWD 98-407 28 II 0 0 AGREEMENT THIS AGREEMENT is made and entered into as of the seventeenth (17) day of November I- 19 98 , by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and KRIEGER & STEWART, INCORPORATED, a California corporation, hereinafter referred to as "Contractor." RECITALS City requires the services of an enaineering desian Contractor to provide the necessary enqineerina desian services for preparation of a Dreliminarv desiqn report. final desiqn and construction enaineerina services for the Foxes Landinq Sewer Lifl Station, CMWD Proiect No. 98-407; and Contractor possesses the necessary skills anc 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. CONTRACTORS OBLIGATIONS A. The Contractor shall not begin final design until a CEQA document has beer supplied by the City's Contract Administrator. The preliminary design i exempt from CEQA in accordance with Section 15306 Class 6 lnformatiol Collection. B. See attached Exhibit A for Scope of Work. C. See attached Exhibit B shown as Contractor's Fee Schedule. 1 Rev. 0811 719 e 0 2. CITY OBLIGATIONS The City shall provide influent flow data, as-built drawings, geotechnica information and necessary CEQA documentation prior to final design. The City wil pursue the CEQA documents during the preliminary design phase of the project an( shall provide the Contractor with the appropriate approvals prior to issuing a final desigr notice to proceed. 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (IO) days after receipt o notification to proceed by the City Engineer or designee and be completed within sevel hundred thirty (730) [+v&mgkalendar] days of that date. Extensions of time may bc granted if requested by the Contractor and agreed to in writing by the City Engineer o designee. The City Engineer or designee will give allowance for documented anc substantiated unforeseeable and unavoidable delays not caused by a lack of foresigt on the part of the Contractor, or delays caused by City inaction or other agencies' lac of timely action. 4. FEES TO BE PAID TO CONTRACTOR The total fee amount payable for the services to be performed is not to excee $83,208. No other compensation for services will be allowed except those item covered by supplemental agreements per Paragraph 8, "Changes in Work." The Cil reserves the right to withhold a ten percent (10%) retention until the project has bee accepted by the City. Incremental payments, if applicable, should be made as outlined in attache Exhibit "A." 2 Rev. 0811 71: 0 0 5. DURATION OF CONTRACT This agreement shall extend for a period of seven hundred thirtv (730) calendal davs from date thereof. The contract may be extended by the City Manager for one (1% additional one (1 ) year periods or parts thereof, based upon a review of satisfactob performance and the City's needs. The parties shall prepare extensions in writinc indicating effective date and length of the extended contract. 6. PAYMENT OF FEES Payment of approved items on the invoice shall be mailed to the Contract0 within 30 days of receipt of the invoice. 7. FINAL SUBMISSIONS Within seven (7) days of completion and approval of the District Enqineer thc Contractor shall deliver to the City the following items: 1. Preliminary design report. 2. Final design drawings. 8. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Contractor or thc City, and informal consultations with the other party indicate that a change in thl conditions of the contract is warranted, the Contractor or the City may request a changl in contract. Such changes shall be processed by the City in the following manner: i letter outlining the required changes shall be forwarded to the City by Contractor t inform them of the proposed changes along with a statement of estimated changes i - charges or time schedule. A Standard Amendment to Agreement shall be prepared t: the City and approved by the City according to the procedures described in Carlsba 3 Rev. 0811 71E e 0 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 an) company or person, other than a bona fide employee working for the Contractor, tc solicit or secure this agreement, and that Contractor has not paid or agreed to pay an) company or person, other than a bona fide employee, any fee, commission percentage, brokerage fee, gift, or any other consideration contingent upon, or resultins from, the award or making of this agreement. For breach or violation of this warranty 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 ful amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. IO. NONDISCRIMINATION CLAUSE The Contractor shall comply with the state and federal laws regardin! nondiscrimination. 11. TERMINATION OF CONTRACT In the event of the Contractor's failure to prosecute, deliver, or perform the wor as provided for in this contract, the City Manager may terminate this contract fc nonperformance by notifying the Contractor by certified mail of the termination of th Contractor. The Contractor, thereupon, has five (5) working days to deliver sai documents owned by the City and all work in progress to the District Enaineer. Th District Enaineer shall make a determination of fact based upon the documenl delivered to City of the percentage of work which the Contractor has performed which 4 Rev. 0811 ?/E 0 a 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 oj 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. Tht City Manager shall make the final determination as to the portions of tasks completec and the compensation to be made. 12. CLAIMS AND LAWSUITS The Contractor agrees that any contract claim submitted to the City must bt asserted as part of the contract process as set forth in this agreement and not il anticipation of litigation or in conjunction with litigation. The Contractor acknowledge: that if a false claim is submitted to the City, it may be considered fraud and thl Contractor may be subject to criminal prosecution. The Contractor acknowledges thz California Government Code sections 12650 et sea., the False Claims Act, provides fc civil penalties where a person knowingly submits a false claim to a public entity. Thes provisions include false claims made with deliberate ignorance of the false informatia or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seek to recover penalties pursuant to the False Claims Act, it is entitled to recover i litigation costs, including attorney's fees. The Contractor acknowledges that the filing 5 Rev. 0811 7/1 0 0 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.acknow1edges debarmenl by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contract01 from the selection process. % The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. 45 13. STATUS OF THE CONTRACTOR v The Contractor shall perform the services provided for herein in Contractor's owt 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 onl! as to the result to be accomplished, but shall consult with the City as provided for in thc request for proposal. The persons used by the Contractor to provide services under thi: 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 tc the Contractor pursuant to the contract shall be the full and complete compensation tc which the Contractor is entitled. The City shall not make any federal or state ta withholdings on behalf of the Contractor or its employees or subcontractors. The Cit shall not be required to pay any workers' compensation insurance or unemploymer contributions on behalf of the Contractor or its employees or subcontractors. Th Contractor agrees to indemnify the City within 30 days for any tax, retiremer contribution, social security, overtime payment, unemployment payment or worker 6 Rev. 0811 71s 0 e compensation payment which the City may be required to make on behalf of thc Contractor or any employee or subcontractor of the Contractor for work done under thi! agreement or such indemnification amount may be deducted by the City from an; balance owing to the Contractor. The Contractor shall be aware of the requirements of the Immigration Reforr and Control Act of 1986 and shall comply with those requirements, including, but nc limited to, verifying the eligibility for employment of all agents, employee: subcontractors and Consultants that are included in this agreement. 14. CONFORMITY TO LEGAL REQUIREMENTS The Contractor shall cause all drawings and specifications to conform to E applicable requirements of law: federal, state and local. Contractor shall provide 2 necessary supporting documents, to be filed with any agencies whose approval necessary. The City will provide copies of the approved plans to any other agencies. 15. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as here required are the property of the City, whether the work for which they are made t executed or not. In the event this contract is terminated, all documents, plan specifications, drawings, reports, and studies shall be delivered forthwith to the Citp Contractor shall have the right to make one (1) copy of the plans for its records. In the event the City consents to, allows, authorizes, or approves of changes any plans, specifications, or other consiruction documents, and these changes are n approved in writing by the Contractor, the City recognizes that such changes and tl 7 Rev. 081 1 71 0 0 results thereof are not the responsibility of the Contractor. Therefore, the City agrees to release the Contractor from any liability arising from the construction, use, or result 01 such changes. In addition, the City agrees, to the fullest extent permitted by law, tc indemnify and hold the Contractor harmless from any damage, liability, or cosi (including reasonable attorneys' fees and costs of defense) arising from such changes except only those damages, liabilities, and costs arising from the sole negligence 01 willful misconduct of the Contractor. 16. REPRODUCTION RIGHTS The Contractor agrees that all copyrights which arise from creation of the worl pursuant to this contract shall be vested in City and hereby agrees to relinquish a1 claims to such copyrights in favor of City. 17. HOLD HARMLESS AGREEMENT Contractor agrees to indemnify and hold harmless the City of Carlsbad and thf Carlsbad Municipal Water District and its officers, officials, employees and volunteer! from and against all claims, damages, losses and expenses including attorney fee: arising out of the performance of the work described herein caused in whole or in pal by any willful misconduct or negligent act or omission of the Contractor, an subcontractor, anyone directly or indirectly employed by any of them or anyone fc whose acts any of them may be liable. 18. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any monie due thereunder without the prior written consent of :he City. 8 Rev. 0811 7K 0 0 19. 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 act: and omissions of Contractor's subcontractor and of the persons either directly 01 indirectly employed by the subcontractor, as Contractor is for the acts and omissions o persons directly employed by Contractor. Nothing contained in this contract shal create any contractual relationship between any subcontractor of Contractor and thc City. The Contractor shall bind every subcontractor and every subcontractor of : subcontractor by the terms of this contract applicable to Contractor's work unles: specifically noted to the contrary in the subcontract in question approved in writing b! the City. 20. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City tl negotiate, make, accept, or approve, or take part in negotiating, making, accepting, c approving of this agreement, shall become directly or indirectly interested personally i this contract or in any part thereof. No officer or employee of the City who is authorize in such capacity and on behalf of the City to exercise any executive, supervisory, c similar functions in connection with the performance of this contract shall becom directly or indirectly interested personally in this contract or any part thereof. 21. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of th City, either before, during or after the execution of this contra& shall affect or modi any of the terms or obligations herein contained nor entitle the Contractor to ar 9 Rev. 0811 7i< 0 0 additional payment whatsoever under the terms of this contract. 22. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 17, "Hold Harmless Agreement," al terms, conditions, and provisions hereof shall inure to and shall bind each of the partie$ hereto, and each of their respective heirs, executors, administrators, successors, an( assigns. 23. EFFECTIVE DATE This agreement shall be effective on and from the day and year first writtel above. 24. CONFLICT OF INTEREST The City has determined, using the guidelines of the Political Reform Act and thc City's conflict of interest code, that the Contractor will not be required to file a conflict c interest statement as a requirement of this agreement. However, Contractor hereb acknowledges that Contractor has the legal responsibility for complying with thl Political Reform Act and nothing in this agreement releases Contractor from thi responsibility. 25. INSURANCE The Contractor shall obtain and maintain for the duration of the contract and an and all amendments insurance against claims for injuries to persons or damage 1 property which may arise out of or in connection with performance of the WOI hereunder by the Contractor, his agents, representatives, employees or subcontractor! Said insurance shall be obtained from an insurance carrier admitted an3 authorized 1 do business in the State of California. The insurance carrier is required to have 10 Rev. 08/17/! 0 0 current Best's Key Rating of not less than "A-:V" and shall meet the City's policy fol insurance as stated in Resolution No. 91403. A. Coveraaes and Limits. Contractor shall maintain the types of coverages and minimum limit: indicated herein, unless a lower amount is approved by the City Attorney or Cit! Manager: 1. Comprehensive General Liability Insurance. $1,000,000 combine( single-limit per occurrence for bodily injury, personal injury and property damage. If tht submitted policies contain aggregate limits, general aggregate limits shall appl: separately to the work under this contract or the general aggregate shall be twice thc required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved fo Contractor's work for the City). $1,000,000 combined single-limit per accident for bodil! injury and property damage. 3. Workers' Compensation and Employer's Liability. Worker5 Compensation limits as required by the Labor Code of the State of California an1 Employer's Liability limits of $1,000,000 per accident for bodily injury. 4. Professional Liability. Errors and omissions liability appropriate t the contractor's profession with limits of not less than $1,000,000 per claim. Coverag shall be maintained for a period of five years following the date of completion of th work. B. Additional Provisions. Contractor shall ensure that the policies of insurance required under thi 11 Rev. 0811 7/E 0 0 agreement contain, or are endorsed to contain, the following provisions. I. The City and the Carlsbad Municipal Water District shall be namec as additional insureds on all policies excluding Workers' Compensation anc Professional Liability. 2. The Contractor shall furnish certificates of insurance to the Cit! before commencement of work. 3. The Contractor shall obtain occurrence coverage, excludin! Professional Liability which shall be written as claims-made coverage. 4. This insurance shall be in force during the life of the agreement anc any extension thereof and shall not be canceled without 30 days prior written notice tc the City sent by certified mail. 5. If the Contractor fails to maintain any of the insurance coverage required herein, then the City will have the option to declare the Contractor in breach, c may purchase replacement insurance or pay the premiums that are due on existin policies in order that the required coverages may be maintained. The Contractor i responsible for any payments made by the City to obtain or maintain such insuranc and the City may collect the same from the Contractor or deduct the amount paid fro1 any sums due the Contractor under this agreement. 12 Rev. 0811 7/! 0 0 26. 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 witt the foregoing are as follows: For City: Title William E. Plummer District Enqineer Name Carlsbad Municipal Water District Address 5950 El Camino Real Carlsbad. California 92008 For Contractor: Title Jon C. Revnolds. Senior Enqineerinq Consultan. Name Krieger & Stewart. Incorporated Address 3602 Universitv Avenue Riverside, California 92501 -3380 ArchitecVLicense Number: Civil Engineer License Number 20453 ArchitecVLicense Number: 27. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for th duration of the contract. 28. ENTIRE AGREEMENT This agreement, together with any other written document referred to ( contemplated herein, embody the entire agreement and understanding between th parties relating to the subject matter hereof. Neither this agreement nor any provisic 13 Rev. 0811 7IE 0 0 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 s+k day of dC&fhk ,199d . CONTRACTOR: KRIEGER & STEWART, a California corPoration ROBERT A. KRIEGER. President ATTEST: I (sign here) ALEW~~L-) CHARLES A. KRIEGER, Secretarv City Clerk (print namehitle) (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only on officer signs, the corporation must attach a resolution certified by the secretary or assistant secretar under corporate seal empowering that officer to bind the corporation.) Ap& f2 k ED AS TO FORM: RO LD . BALL, City Attorney BY ity Attorney d-f q-9E CMWD 98-407 14 Rev. 0811 7/! 0 0 STATE OF CALIFORNIA 1 COUNTY OF Riverside 1 ss- On 11/5/98 before me, Kim Rene& Soto, a Notary Public DATE NAME AND TITLE OF OFFICER personally appeared Robert A. Krieger and Charles A. Krieger - - - - - - - - - - - - NAME(S) OF SIGNER@) a personally known to me - OR - proved to mearrthe basis-ohatisfacto~ evidence to be the person( name(s) islare subscribed to the within instrument and acknowledged to me thathemhey executed the kidker/their authorized capacity(ies), and that by-bkhrltheir signature(s) on the instrument the person(s), or . upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. fi IGNA URE OF NOTARY (This area for official notary seal.) Title or Typeof Document Agreement between Citv of Carlsbad and Krieaer & Stewart Date of DocumentExecuted bv "Contractor"ll/5/98 No. of Pages 30 Signer(s) other than named above - - - - - - - - - N 0 N E ""_""" 1 ____ CMWD 98-407 06/14 0 * KRIEGER Os ~TEWAR~ ..c,I-.,"..Ir ' -,-. *'C..l"-l l;i)"5 ,&....,. WWATER AN0 WASTEWATER SPECIALISTS CIVIL ENGINEERING ENVIRONMENTAL ENGINEERING FORENSIC ENGINEERING PUBLIC FINANCE ENGINEERING WATER RESOURCES ENGINEERING ENGINEERINQ APPRAISALS ENVIRONMENTAL ANALYSES SPECIAL INVESTIGATIONS CONTRACT ADMINISTRATION CONSTRUCTlON MANAGEMENT CONSTRUCTION INSPECTION CONSTRUCTION SURVEWNQ LAND SURVEYING SeOZ UN~VERSIW AYE RIVERSIDE. CA 02101"5300 rEL moe-ee4-aeoo CAX 000-604-6O00 I CARLSBAD imJN@AL WATER DISTRICT 5950 EL CAMMO REAL 1 CARLSBAD, CA 92008-8893 (760) 438-3367 EXHIBIT "A" FOXES LANDING SEWER LIFT STATION UPGRADE PROJECf (PROJECT NO. 98407) PROPOSAL TO PROVIDE DESIGN AND CONSTRUCTiON ENGINEERING SERVICES SEPTEMBER 16,1998 Prepared by KRIEGER & STEWART, INCORPORATED RIVERSIDE, CALKFORNIA RI 2373' 0 0 KRIEGER H~TEWART .- ...-..-.., I. I SECTION I1 PROJECT APPROACH AND SCOPE OF SERVICES 7 Kneger & Stewart's objective for the project is to provide cost effective facilities that will meet C"S current and hture needs, and that will provide operational flexibility and reliability. In order to achieve that objective, we believe that the following guiding principles are appropriate: -I I D Our project team will communicate with CMWD staff (engineering and operations) throughout the project's design and construction to ensure that their concerns are addressed and that they are familiar with each phase of work. I m We will use knowledge gained from our experience in designing similar projects to specify proven equipment and facilities together with special construction provisions that will result in the lowest possible construction cost and operations and maintenance expenses. H We will dedicate experienced staff to all phases of the project We believe in fiequent communication with our clients while providing engineering services; for example, our project team will be available throughout the course of the project, will attend scheduled meetings with CMWD's engineering staff and operations staff, and will confer at least weekly with CMWD staff to keep them apprised of project progress. We will organize our tasks in a logical and systematic manner to allow completion of each segment prior to commencement of the next segment, thus allowing engineering services to proceed efficiently. We anticipate organizing our services into three tasks, the first relating to preliminary design services, the second relating to design engineering services, and the third relating to construction engineering services. Our scope of services for each task is outlined in the following subsections. A. PRELIMXNARY DESIGN SERVICES We propose to organize our preliminary design services into the following components: 1. Initial Meeting and Field Observations 2. Records Search 3. Gcdechnical Investigation 4. Designsurvey 5. Evaluation of Modification Alternatives 6. hft Preliminary Design Report Preparation 7. CMWD Review and Meeting 8. Final Preliminary Design Report Preparation ll-I 0 0 .. 1. . . KRICGCR 8 ~TEWART .I..,.".."..*. r" r. i r. c: C r: - - - -.. I I- t - - Each preliminary design component is discussed in detail in the following paragraphs: 1, Initial Meeting and Field Observations We will meet with CMWD staff to discuss the project prior to beginning our prelirmnary design services and to obtain District furmshed mattrials, including record drawings (as- builts) and 0perati0~1 records for the existing Foxes Landing Sewer Lift Station. At this meeting, we will discuss alternatives to be considered, and will review in detail OUT schedule and approach to evaluating the alternatives. Thereafter, we propose to visit the project site with District engineering and operations sta& 2. Records Search We will pedm a detailed review of the record information provided by CMWD, with a particular emphasis upon identifying deficiencies m the existing lift station that can bc remedied as part of the proposed project. The records review and field observations will enable us to develop a thorough understanding of the District preferences and opportunities and constraints imposed upon the project by the features of the existing lift station and site. 3. Geotechnical Investigation At this time, we believe that a geotechnical investigation will be necessary to determine soil bearing values for proposed buildings, slope stability for excavations, and location of ground water. We understand that the CMWD will provide the senices as soils consultant to provide the geotcchnical investigation and report 4. Design Survey The design survey will consist of topographic m-ey of the existing lift station site. We will use existing horizontal and vertical monumentation at the site to determine site boundaries and elevations, and will establish temporary monumentation outside the construction area for use during design and consfruction of the lift station upgrades. We will use the design survey data for prcparati~n of both conceptual drawings (1 1" x 17") and final m-on drawings (24" x 36"). 5. Evaluation of Modification Alternatives We will evaluate alternatives regarding the modification of the Foxes Landing Sewer Lift Station as listed m CMWD's Request for Proposal. In addition, as discussed in Section I, we will evaluate alternatives to convert thc adsting dry well into a wet well with submersible pumps Yersus expansion of the uristsng wet well and addition of a variable frequency drive ar drives. We will detcrrnine modifications of the existing grinders to improve the station's performance characteristics We mill establish power requirements and determine whether or not the existing portable generator will meet said requirements. II-2 0 0 KRIEGER @ ~TEWART . ”. ....-.. “. . . .. - Using the survey data, we will prepare preliminary site plan and drawings which will show the preliminary locations of all facilities, buildings, site fencing, and access, as well as any modifications to the site piping, wet well, andor electrical panels. All modification alternatives will be developed in a manner that ensures compliance with applicable safety regulations. 6. Draft Report Preparation AAer completion of the various alternative evaluations and analyses, the draft Preliminary Design Report will be prepared. We envision said report to consist of the following sections: a. Executive Summary b. Introduction C. Records Search The Records Search section will summ~ze the records obtained, as well as information obtained during conferences with District staff. d. Desim Criteria and Pum~ Selection The Design Criteria section will describe the criteria used in evaluating tbe lift station upgrade alternatives and will incorporate hydraulic calculations,’ system curves, and pump selection data. e. Lie Station Uusade Alternatives The Lift Station Upgrade Alternatives section will present each alternative uith a short narrative description, engineering drawings, and list of selected equipment, including pumping units, switchgear, controls, and flow meter. f. Cost Estimate The Cost Estimates section will present a detailed discussion of components included in the cost estimates, basis of costs, unit construction cost data, and summary of cost estimates. g. Conclusions and Recommendations Tht Conclusions and Recommendations section will summarizt the capital and operating costs and other pertinent information (e.g. ease of operation andor maintenance) for each project component. Recommended alternative will be descriid m detail, with particular emphasis on the basis for recommendation. II-3 i., 0 0 ? KRI~GER 6 ~TEWAQT ..,. .I....",, 7. CMWD Review and Meeting We will arrange a review meeting with Chl3vD staff to perform a review and receive comments on the draft Preliminary Design Report. Two weeks prior to this review - meeting, we will submit three copies of the draft Report to CMWD staff for review. 8. Final Report Preparation 7 Based on comments obtained &om CMVD staff regarding the dxaft Preliminary Design Report, we will prepare the ha1 Preliminary Design Report and submit it to CMWD Sm. -I I B. DESIGN ENGINEERING SERVICES 7 Based on the approved preliminary design aItemative, our project team will begin designing and " 1. 50% Contract Document Preparation preparation of contract documents as follows: -I We will proceed with preparation of the contract documents in phases to alIow intermediate review by CMWD staff. Design mill incorporate the items listed in CMWD's Request for F'roposaI. When approximately 50% complete, we will submit three sets of documents to CMWD for review and approval. The contract documents will include both the specifications and the construction drawings. The specifications will include the notice inviting bids, bid sheets, contract, contract provisions, special requirements, approved shop drawings for the quipment (including installation instructions, quipment sizes, and weights), technical specifications for all equipment, SpecScations for basic construction materials (e.g. concrete, steel, piping, painting, and elecmcal), and standard drawings. The contract will include a requirement that the contractor provide CMWD with a one year warranty regarding materials and workmanship. Clear and concise technical specifications are critical to ensuring that 0 receives facilities which will provide a high degree of reliability and durability. ThC special requirements will address construction constraints and anticipated dificulties, including: delivay of equipment, storage of materials, noise and dust control, and daily cleanup. A detailed sequence of work will be provided in the special requirements to ensure that canstruction activities will be performed in an expeditious and orderly manner with minimal impact on both CMWD's existing operaions and adjacent property owners. Requirements for bypass of the station mill be incorporated in detail. T& construction drawings will be prepared using the C"approved construction drawing orientation and layout. Drawings will be provided for grading, site piping, and structural, mechanical, and electrical work. II-4 Ti r. r I _. - d - " - 7 0 0 KRIEGER 6 STEWART .- . .. .. .. .. . I , ,. 2. CMWD 50% Review and Meeting As presented above, we will submit three sets of contract documents to 0 for review. Approximately two weeks thereafter, we will obtain CWs comments during a review meeting which will be attended by Krieger & Stewart's principal in charge and project engineer. 3. 90% Contract Document Preparation Based on CMWD staff comments, we will proceed with 90% contract document preparation. 4. CMWD 90% Review and Meeting When documents are approximately 90% complete, we will submit three sets to 0 for review. Approximately two weeks thereafter, we will obtain C"s comments during a review meeting which will be attended by Kricger & Stewart's prinqal in charge and project engineer. 5. Find Contract Document Preparation Based on CMWD staff comments fiom the 90% contract document review meeting, we will revise the contract documents as required and submit signed and stamped originals of same to CMWD staff for final approval and signatures. Once CMWD has performed find review and signed the drawings, we will provide five copies of same in addition to originals. Following preparation of the final contract documents, we will confer with materials suppliers and contractors with extensive experience in the construction of similar facilities in order to prepare a detailed engineer's cost estimate for CMWD's use in both budgeting for construction of the facilities and to provide to contractors during bidding of the lift station upgrade construction contract. 6. Bidding Phase During the bidding period, we will answer questions about or provide clarifications of the contract documents, and prepare and distribute addenda, ifntcessary. C. CONSTRUCTION ENGINEERING SERVICES We understand that CMWD may perform some or all of the tasks demi in the following paragrap& however, we arc prepared to provide any of the services desmid herein or other constcucfion engineering seryiccs including inspcction at C"s discretion. We have provided a separate fee estimate for construction engineering services; please see Section VI for details. Il-5 0 0 7 KRIEGER 6 STEWART .. . .. ., .. .. ~ . . . We propose to organize our construction engineering services into the following components: 1. Review Bids and Recommend Award 2. Preconstruction Meeting 3. Submittals Review 4. Contract Administration Assistance 5. Facility Start-up, Performance Testing, and Acceptance 1 1 / 1 Each construction engineering component is described in detail in the following paragraphs: 1. Review Bids and Recommend Award We will assist CMWD with review of each bid to determine whether or not it is responsive. For the apparent low bidder, we will check the references supplied. Following our review of the bids, we will prepare a recommendation of award letter for CMWD staff which will summarize the bids received, the results of the checks on the contractors' references, and recommend contract award. 2. Preconstruction Meeting The preconstruction meeting will be attended by CMWD staff, Krieger & Stewart's project engineer and the project contractor. The preconstruction meeting will provide the opportuni~ for complete review of the contract documents by all parties prior to starting work. Following said meeting, we will prepare meeting minutes (in memorandum format) to be distributed to all parties that attended the meeting. 3. Submittals Review Our project engineer will review and approve all submittals. We expect submittal documents to be received for the construction schedule, all construction materials and equipment, equipment operation and maintenance manuals, and equipment wananties. We believe that rigorous shop drawing review assures installation of equipment in compliance with the specifications and is a significant factor in reducing constriction delays, controlling claims and change orders, and minimizing start-up difficulties. 4. Contract Administration Assistance As quested by CMWD, we will respond to requests for information fiom the contractor regarding the contract documents in order to ensure that the improvements and related facilities are constructed in compliance with same. We will review requests for contract change orders received fiom the contractor to determine if said requests an warranted. If a change order request is not warranted, we will reject same in writing; prior to sending rejection letters to the contractor, we will review Same with CMWD staE If a change order request appears justified, we will evaluate proposed costs and review the change with CMWD staff and receive 0 approval prior to preparing and processing a contract change order. Il-6 [I 0 a r KRIEGKR 6 8TEWART " ., . .. . I .I . I I. - 5. Facility Start-up, Performance Testing, and Acceptance IC The contract documents will require the contractor to provide start-up, performance testing, and system validation of all equipment and components, including adjustments and calibrations by equipment suppliers. - _. 7 Start-up and performance testing will be witnessed by CMWD staff and by representatives of our project team. Using the equipment operation and maintenance manuals, the various equipment suppliers will be required to provide 0 opentions CMWD accepts same and assumes responsibility for the upgraded lift station's operation. staff with sufficient instruction to enable them to operate and maintain the facilities once d- -7 .- - Members of Krieger & Stewart's project team will attend the facility start-up and performance testing, and will assist CMWD staff in verifying that all equipment and appurtenances are functioning as specified in the contract documents prior to acceptance of construction wok _. - - II-7 0 0 _- - - - ; 7 i ? ; KRiWGER 6 &WART .* " " .I - . , , .. SECTION V PROJECT lCiANAGEMENT AND SCHEDULING We consider completion of project design within CMwD's specified schedule to be feasible through pragmatic and assertive project management. Items of service within Krieger & Stewart's control are readily manageable by increasing our project staff and other resources. Items not in our control, such as time required for staff review, can be managed through proper planning and early and complete submittals (see Item 3 below). The project facilities required are not complex; however, the engineering seMces must bc managed eficiently to avoid redesign and possible delays. During the initial meeting with CMWD staff, we propose to perform a detailed review of the project's design criteria, which will help to avoid delays during design. k SCHEDULING We propose to provide the services descnid in Section II in accordance with the scheduIe shown on Table V-1. C"s schedule with allotted time for staff review is approximately 27 weeks, our schedule shows 23 weeks. Our pject team is prepared to pd with providing the requested services immediately. In order to ensure that the project is completed on a timely basis, we will adhere to the following: 1. The project team assigned to C"s project will be scheduled to have the time available to complete the project within the schedule proposed; 2. In addition to scheduled meetings with CMWD staff, we will review the progress of the prow with the c"s project manager at the end of each week. To improve comunmication and assist c"s staff, review of the Preliminary Design Rept, and 50% and 90% submittals, we are prepared to have our project manager meet with CM\Ws staff (engineering and operation) to review the submittals in detail prior to CMWIys staff commencing their review. This approach ob expedites the review process and assists in making sure the project design complies with c"s staff de- 3. If wc fill behind schedule, we will provide details to c"s project manager on how we will get the project back on schedule; and 4. If we fall behind the specified schedule, we will assign personnel to the project as n-, and our project team will work overtime (evenings and weekends) to return the project to the original schedule. v-1 J 0 0 .- - -l _1 1 J : I KRIEGER 6 ~TEWART .. . ,. .. . .. . . . I, B. QUALITY ASSURANCE/QUALITY CONTROL PLAN Krieger & Stewart's Quality AssurancdQuality Control (QNQC) Plan will consist of two components, Peer Review and Document Control. Each component is discussed separately in the following paragraphs. I. Peer Review Each of the primary components of the project will be the subject of an intensive peer review by one of our internal Design Review Committees. Said committees are ad hoc committees made up of registered civil engineers who have experience and emse regarding specific project elements. The committee members will not be members of the project team for CWs project, allowing them to provide a fresh perspective during their review. Each component will be reviewed periodically as it is developed; scheduled reviews will occur prior to submittal of the preliminary and final vcrsions of the contract documents, and unscheduled reviews will occur as the documents are being prepared and supplemental swvices are being perfoxmed. We will arrange our scope of services regarding each project in a manner which calls for each major eIement to be completed before commencing the following elemat. At each stage of our peer review, we will document the specific conclusions and recommendations of our Design Review Committee (in memorandum format) and place the applicable documentation in the appropriate project subfile. Should CMWD staff require infomation regarding the procedurrs or results of the peer review of a specific project component, we will promptly pvidc any requested documentation. 2. Document Control To ensure reliable and immediate access to documents and information, Kriegcr & Stewart bas devised a comprehensive document control system through which our staff can access any required infiition regarding a specific project, regardless of the type of media (e.g. papa, digital, mylar, blueprint, photograph) or soffwarc program. Our document control system has been in placc for over 25 years and has proven to be highly dependable. With regard to CMWD's lift station upgrade project, we will assign specific tracking numbers to each specific project element to ensure that we can access records on demand and provide Comprehensive and well organized fila (paper and digital) to CMWD staff uponrcquc* V-2 61-1 VY) -. ._ * "c' Y $1 G. aPa:q$ qr3 m . *I- c c $. (Y i a' (* iz z WH 0 ?ih $0 53 z - 3 p j 8 3 a 9 9 X w r c Bp >a i X 1g F c o 39 (Or s- jy fa t Q O et38 - 2. iE '% 2 z 'E v)X r! ?IB ii aw 2 u) 3T g rj *I v g "I" (Y 38% ua h' (Y gs w9 "* IC g*=*a*ls 55: 83 $80 If rtgtwp .;cm pg *I s g % T P a zi 331 I 2 r..8 1IH * f f L x"= 22 I .I Om. 1% f $5 f I l13!sg3g I 3 fi pbL 9 886 !j&Ifjljg 9 f 5gC.g 628 ag 523! 1 li+Ep.% tii.5*qi *I% 8 S,€y Zo @Z@EJgQ &*? ow rn q#hiiaj*a 8 k '5 a] if: azz $35 a qrOr:81 a g i! !i filgij 2~a =dljj;rn: 0% gOodcidec: Ev z 2 0 8 *a * t $1 (Y 2 0 O Z-8 f r & Qr, a X %z #E %[ . Q ERE (I "1' * 3.3 0 0 8 (Y 13 w 1;s al (Y I6 gi ;d (I cy cy @j 8r, a" 223 '"aa .. a;fo zz "P q=ic pg r "an *01 32 - 88 sg ags aa &, -01 M? p s3go3 1s t01 z*a++ ma cn W WE38 B $t 04 -fj€:[fI g 0 Icl gGciFj+uj&c6 0" a: - sgzg3t 14 m p[I. *. t s I X w v) " W u c) av) 86 SZ w3 3z sz 22 rSX s"a +an ma aU zz 3u zz rto 25E g 39 an0 Eg gk 2 Q) W q-1 I w *I z $1 0 > a mx 30 i[ 03 az $1 - in21 T! 8i[ q Ip a03 &a G - ~~ a 't a% 0 az 16 "." h' vi N' 0 a $53 (Y OQt 43% mar $#R Q 88: m F- * 8s- E38P (Y*(Yo P a B f%q [I! n 8: ii qp Qag a%$ ewm 4 8 5 I P u. a z I5 ;cric.iiui 1% I I IZ? I" I I If Is I' 1; 1' I' f f ? w 1 $ sr 5 ea I. 5 .$ .. v) 5 i d ? P i c 3 -1 Y) % 8 1 .) e z H. w 0 .. 2 c 0 0 E "8 3 ;&a 4 ese,q f lip a% Ei,ad! if -,..Zs13 Be .: E59'Qt^Z 4 1 I 8 j .. _- - - " - , 4 '1 - - . + 8 p: 80 G 53 asy ma WZ3 qa "Z<Z Ll-V i'ts 3g.m sag :Es $P 2g 25 02 W<nm A Q) z B tu $ ;eg 3 g:{ SS wcnp @?I jl sgl =zu. jsa ggej CI .- - B H H ;f fji e44 f I f ; f - 3 f W d 5i ! H i 2 E 'i Ei c: 00 E 6rC' Q gc %i Q E$ eg .:! w E3 rg nw := E52 .ax n - (I) B B t a B a tj f - 3 s f B i z! a cd z 8 5 0 i a i i; 8 i$ h e n 6 P I i i 0 u I d E 8 8 i e CL s Q) W u z 3p -ea W 18 82 ii *z OZ ms a 4% 8 fW z < ; ? a I P 0 B 4 L K - P i n B ii 3 ei a 4 i e d 4 fi - s t il f E 9 s 2 - (I i g g 2 ! i 8 n ei 3 E 3 u) 3 - 6 I 14 14 16 I 2 ? E I rn & g: .= 05 3: q nm e " sr e 0 KRIEGER & STEWART INCORPORATED SECTION VI FEE SCHEDULE Our fees for providing the services described in our proposal are indicated on Table VI-1 and VI-2. As shown therein, we will provide all of the services included in our Scope of Services for an estimated fee of $65,000 for preliminary and final design engineering services, and $18,000 for construction engineering services. A copy of our 1998/99 Fee Schedule is also attached, and our fee is based on the rates specified therein. As specified on our Fee Schedule, we will bill for reimbursable expenses at cost (aside for vehicle mileage, which will be billed at $.40 per mile). Please note that our fee is predicated on a number of specific understandings regarding project details and the services required, and that our fees may have to be adjusted in the event that certain additional services are required in order to successfully complete the project. Said understandings include the following: 1. No building permits are required. 2. CMWD will provide geotechnical investigation. 3. CMWD staff will perform review of the contract documents. 4. CMWD will acquire any required sites and easements, and will prepare and process any related documents (e.g. grant deeds, grants of easements, legal descriptions and plats). 5. Any utility verification (excavating and exposing of existing utilities) required to complete the project's design will be performed by CMWD. For our construction engineering services, our fee is based on our experience with similar projects; however, our actual fee for construction engineering services will depend on the efficiency, competence, and diligence of the contractor. b ,.. . e 0 - - - , -4 - KRIECER 6 ~TEWART ,.. " " . .. ., .. L . * I. FEE SCHEDULE 98/99 CLASSIFICATION Forensic Services (4 hr. minimum) Senior Expert Witness Testimony Investigation Testimony Investigation Associate Expert Witness Engineering Services Combing Engineer Principal Engineer Senior Engineer Associate Engineer Staff Engineer I Staff Engineer II Staff Engineer III Surveying Services Principal Surveyor Senior Surveyor Associate Surveyor Staff Surveyor I Staff Surveyor II Staf€Surveyor III 3 Man Crew with Survey Truck (including mileage) and Standard Equip-t pt 2 Man Crew with Robotic Equipment 2 Man Crew with Survey Truck (including mileage) and Standard Equipment !X 1 Man Crew with Robotic Equipment Geologic Services priaciprlGeologist seniorGeotogist Associate Geologist staff Geologist I staff Geologist I1 Staff Geologist III Environmental Services Senior Specialist Associate Specialist staffspecialist I stanspecialist II Staf€SpCciabt m Page 1 of2 RATES Wr. 215.00 165.00 165 .OO 135.00 135.00 115.00 102.00 92.00 82.00 70.00 60.00 115.00 102.00 92.00 82.00 70.00 60.00 205.00 165.00 115.00 102.00 92.00 82.00 70.00 60.00 92.00 82.00 70.00 60.00 50.00 > 6 6 .. - 3 j 0 0 KRIEGER & STEWART . .- I .. .. .. " . .. Automated Design Services Operations Supervisor Chief Operator Senior Operator Staff Operator I StaffOperator II . Staff operator tII 72.00 70.00 66.00 62.00 58.00 54.00 Construction Senices Resident Engineer Senior Inspector staff lnspector I staff Ixlspaor II Staff Inspector III 80.00 56.00 52.00 48.00 44.00 Support and Technical Services Senior Secretary staff Secretary I staffsccrttary II Staff Technician Utility Technician Utiliq ckrk 42.00 40.00 38.00 50.00 38.00 32.00 Outside Services Special Consultants and Purchased Services Cost + 15% Reimbursable Expenses Vehicle Mileage (excluding survey trucks) Air Fare, Ground Fare, parkink and Subsistence Copies, Prints, Telephone, Delivery, and Sundry Charges OAO/Mile cost cost ne above rates are subject to change on or about July 1 each year due to salary and cost increases. TERM!3 OF PA-. Unless charge acummdations have been established beforehand, all accounts shall be prepaid. For accounts having charge accommodations, payment in fill shall be made within 25 days of date of invoice. Any amount unpaid within said 25 days will be assessed a service charge of 1 10% per month (18% annual percentage rate), with a minimum charge of 51.00. Accounts with a past due balance of 25 or more days an subject, without notice, to credit discontinuance and mechanic's lien or stop notice. If it becomes neccssaTy for Krieger & Stewari to instigate kg4 proceedings for the collection of any balance due, the action shall be brought and tried in the Judicial Districts wherein Kxieger & Stewart offices are located. Client agrees that the court may award reasonable atbmeys fees and mts of suit to the prevailing party. cS110199-FEEs 9807 \ Page 2 of 2 0 0 BYLAW RESOLUTION 98-2 A RESOLUTION OF THE BOARD OF DIRECTORS OF KRIEGER & STEWART, INCORPORATED A California Corporation AUTHORIZING CONTRACT AGREEMENTS OF $100,000 OR LESS TO BE EXECUTED BY THE PRESIDENT OR VICE-PRESIDENT AND SECRETARY . By action of the Directors in the regular meeting of February 21, 1998, be it resolved: RESOLVED, that the Directors of the Corporation hereby authorize the President or Vice-president together with the Secretary to enter into contract agreements of $100,000 or less on behalf of the corporation. RESOLVED FURTHER, that copies of this resolution, certified by the Secretary, shall be evidence of such authority, presentable upon request to any party with whom such agreements are executed. ER, Pfesident (Chairman) ATEST: CLf-fJ!A+L+ CHARLES A. KREGER, Secretary - kIIIAUTH.DOC I certify that this photocopy is a true, correct and complete copy of the original document. CHARLES A. KRIEGER, Secretsry q