HomeMy WebLinkAbout1998-11-17; City Council; 14944; TO APPROVE AN AGREEMENT WITH KREIGER AND STEWART CONSULTANTS TO PROVIDE ENGINEERING DESIGN SERVICES FOR THE FOXES LANDING SEWER LIFT STATION CMWD PROJECT NO. 98-407, CITY PROJECT NO. 36561f
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CITY OF CARLSBAD - AGE DA BILL
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CW W GMWD PROJECT NO. 98.407, CITY PROJKT NO. 36561 DEPT. CMWD
CITY AT ENGINEERING DESIGN SERVICES FOR THE FOXES MTG. 1 1 /I 7/98
DEPT. H TITLE: TO APPROVE AN AGREEMENT WITH
KRIEGER AND STEWART CONSULTANTS TO PROVIDE
LANDING SEWER LIFT STATION
RECOMMENDED ACTION:
Adopt Resolution No. cI8-383 to approve an agreement with Krieger an
Consultants to provide engineering design services for the Foxes Landing Sewer 1
CMWD Project No. 98-407, City Project No. 36561.
ITEM EXPLANATION:
The Foxes Landing Sewer Lift Station was put into operation in 1964. The
requires upgrading to bring the electrical, instrumentation, controls, and ventilatio
into compliance with current codes and standards. The upgrade will include repk
the pumps and motors resulting in a slight increase in capacity to accommodate
the area tributary to the North Agua Hedionda Sewer. Exhibit I shows the loca
Foxes Landing Sewer Lift Station.
Proposals to prepare a preliminary design report, final design, and construction e
services were received from AKM Consultants, Brown and Caldwell Consultants, a
and Stewart Consultants. Boyle Engineering and Montgomery Watson were alsc
prepare a proposal but were non-responsive. District staff reviewed the proposal
and selected the firm, Krieger and Stewart Consultants, as having the most r
proposal for the work. 1 FISCAL IMPACT:
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The funding for the engineering services will come from the Foxes Landing Sewer I
Upgrade. The appropriation is listed under Account No. 515 7000 9060 36561
total $400,000. The engineering design costs are listed in Table I below:
TABLE I
I Amount AmroDriated in Fiscal Year 1998/99 I I I Funds Expended
Additional Funds Encumbered
I Amount Requested for this project
z 3 0 From the cost summary in Table 1, there are sufficient funds available for this proje
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Page 2 of Agenda Bill NO. I Y, 9 Y 4 0 0
ENVIRONMENTAL REVIEW:
The intent of this professional services agreement with Krieger and Stewart Consu
prepare a preliminary design report, then final design. The preliminary desigr
exempt from CEQA in accordance with Section 15306 Class 6 Information Coli
Environmental Impact Assessment will be submitted by the Planning Department t:
design will be authorized to proceed.
EXHIBITS:
1. Location Map Foxes Landing Sewer Lift Station.
2. Professional Services Agreement between Krieger and Stewart Consultants 2
3. Resolution No. (38-3’ to approve an agreement with Krieger and Stewart C
to provide engineering design services for Foxes Landing Sewer Lift Station
CMWD Project No. 98-407, City Project No. 36561.
Carlsbad.
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LOCATION MAP t
L
Project Name: Project Ex
No, P FOXES LANDING SEWER LIFT STATION
98-407
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RESOLUTION NO. 98-383 EXH
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 necl
engineering design services for preparation of a preliminary design repor
design and construction engineering services for the Foxes Landing Sew
Station Upgrade, CMWD Project No. 98-407; and responses were receivec
AKM Consultants, Brown and Caldwell, and Krieger and Stewart Consultant!
after review of the proposals, the staff recommended Krieger and S
Consultants based on a good understanding of the work to be performed and
most responsive in meeting the objectives of the engineering design services; ~
WHEREAS, the City Council of the City of Carlsbad, California
determined it necessary and in the public interest for approval and acceptancl
proposal from Krieger and Stewart Consultants to prepare a preliminary c
' report, final design, and construction engineering services for the Foxes La
Sewer Lift Station Upgrade, CMWD Project No. 98-407; and
WHEREAS, funds appropriated in the amount of $400,000 have
appropriated in the 1998-99 budget for the Foxes Landing Sewer Lift S
Upgrade, and the project cost estimated for the engineering design services fc
Foxes Landing Sewer Lift Station Upgrade, CMWD Project No. 98-407, is $8
for engineering services and $9,792 for contingencies, therefore, there are sufl
funds available for this project.
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NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the attached agreement between Krieger and Stewart Cons
and the City of Carlsbad be approved and accepted; and
3. That the Mayor, as representative of the City of Carlsbad, is autt
and directed to execute the proposed agreement between Krieger and 5
Consultants and the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of th
Council of the City of Carlsbad, California, held on 17th d
November , 1998, by the following vote to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Ha:
NOES: None
ABSENT: None
ATTEST:
kf+ ALETHA L. RAU ENK ANZ, City Cle
(SEAL)
CMWD 98-407
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AGREEMENT
THIS AGREEMENT is made and entered into as of the seventeenth (17) day (
November 19 98 , by and between the CITY OF CARLSBAD, a municip;
corporation, hereinafter referred to as "City", and KRIEGER & STEWAR-
INCORPORATED, a California corporation, hereinafter referred to as "Contractor."
"
RECITALS
City requires the services of an enaineering design Contractor to provide th
necessary engineerina desian services for preparation of a Dreliminaw desian repol
final desiqn and construction engineerina services for the Foxes Landina Sewer L'
Station, CMWD Proiect No. 98407; and Contractor possesses the necessary skills an
qualifications to provide the services required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual covenan'
contained herein, City and Contractor agree as follows:
1. CONTRACTOR'S OBLIGATIONS
A. The Contractor shall not begin final design until a CEQA document has bee
supplied by the City's Contract Administrator. The preliminary design
exempt from CEQA in accordance with Section 15306 Class 6 lnformatic
Collection.
B. See attached Exhibit A for Scope of Work.
C. See attached Exhibit B shown as Contractor's Fee Schedule.
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2. CITY OBLIGATIONS
The City shall provide influent flow data, as-built drawings, geotechnil
information and necessary CEQA documentation prior to final design. The City \
pursue the CEQA documents during the preliminary design phase of the project a
shall provide the Contractor with the appropriate approvals prior to issuing a final desi
notice to proceed.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (IO) days after receipt
notification to proceed by the City Engineer or designee and be completed within sev
hundred thirtv (730) [vwkmgkalendar] days of that date. Extensions of time may I
granted if requested by the Contractor and agreed to in writing by the City Engineer
designee. The City Engineer or designee will give allowance for documented a1
substantiated unforeseeable and unavoidable delays not caused by a lack of foresis
on the part of the Contractor, or delays caused by City inaction or other agencies' la
of timely action.
4. FEES TO BE PAID TO CONTRACTOR
The total fee amount payable for the services to be performed is not to excet
$83.208. No other compensation for services will be allowed except those iten
covered by supplemental agreements per Paragraph 8, "Changes in Work." The C
reserves the right to withhold a ten percent (10%) retention until the project has bet
accepted by the City.
Incremental payments, if applicable, should be made as outlined in attach€
Exhibit "A,"
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5. DURAJJON OF CONTRACT
This agreement shall extend for a period of seven hundred thirty (730) calend
davs from date thereof. The contract may be extended by the City Manager for one (
additional one (1 ) year periods or parts thereof, based upon a review of satisfacto
performance and the City's needs. The parties shall prepare extensions in writir
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 Contract1
within 30 days of receipt of the invoice.
7. FINAL SUBMISSIONS
Within seven (7) days of completion and approval of the District Enqineer th
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 th
City, and informal consultations with the other party indicate that a change in th
conditions of the contract is warranted, the Contractor or the City may request a chang
in contract. Such changes shall be processed by the City in the following manner: 1
letter outlining the required changes shall be fonvarded 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 b
the City and approved by the City according to the procedures described in Carisba
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Municipal Code Section 3.28.172. Such Amendment to Agreement shall not rend6
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, i
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, commissiol
percentage, brokerage fee, gift, or any other consideration contingent upon, or resultin
from, the award or making of this agreement. For breach or violation of this warrant
the City shall have the right to annul this agreement without liability, or, in its discretiol
to deduct from the agreement price or consideration, or otherwise recover, the fl
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 wol
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 tt
Contractor. The Contractor, thereupon, has five (5) working days to deliver sa
documents owned by the City and all work in progress to the District Enaineer. TI
District Enaineer shall make a determination of fact based upon the documen
delivered to City of the percentage of work which the Contractor has performed which
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usable and of worth to the City in having the contract completed. Based upon th
finding as reported to the City Manager, the Manager shall determine the final payme
of the contract.
This agreement may be terminated by either party upon tendering thirty (3
days written notice to the other party. In the event of such suspension or terminatio
upon request of the City, the Contractor shall assemble the work product and put san
in order for proper filing and closing and deliver said product to City. In the event
termination, the Contractor shall be paid for work performed to the termination datl
however, the total shall not exceed the lump sum fee payable under paragraph 4. TI
City Manager shall make the final determination as to the portions of tasks complete
and the compensation to be made,
12. CLAIMS AND LAWSUITS
The Contractor agrees that any contract claim submitted to the City must t
asserted as part of the contract process as set forth in this agreement and not
anticipation of litigation or in conjunction with litigation. The Contractor acknowledgc
that if a false claim is submitted to the City, it may be considered fraud and tl
Contractor may be subject to criminal prosecution. The Contractor acknowledges th
California Government Code sections 12650 et sea., the False Claims Act, provides f
civil penalties where a person knowingly submits a false claim to a public entity. The:
provisions include false claims made with deliberate ignorance of the false informatic
or in reckless disregard of the truth or falsity of information. If the City of Carlsbad see1
to recover penalties pursuant to the False Claims Act, it is entitled to recover
litigation costs, including attorney's fees. The Contractor acknowledges that the filing
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a false claim may subject the Contractor to an administrative debarment proceedir
wherein the Contractor may be prevented to act as a Contractor on any public work
improvement for a period of up to five years. The Contractor acknowledges debarme
by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractc
from the selection process. %
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.02
3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
3 13. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor's OM
way as an independent Contractor and in pursuit of Contractor's independent callin!
and not as an employee of the City. Contractor shall be under control of the City on1
as to the result to be accomplished, but shall consult with the City as provided for in th
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 tl
the Contractor pursuant to the contract shall be the full and complete compensation t
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:
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compensation payment which the City may be required to make on behalf of th
Contractor or any employee or subcontractor of the Contractor for work done under th
agreement or such indemnification amount may be deducted by the City from ar
balance owing to the Contractor.
The Contractor shall be aware of the requirements of the Immigration Refor
and Control Act of 1986 and shall comply with those requirements, including, but n
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
applicable requirements of law: federal, state and local. Contractor shall provide
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 her
required are the property of the City, whether the work for which they are made
executed or not. In the event this contract is terminated, all documents, pk
specifications, drawings, reports, and studies shall be delivered forthwith to the C
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 change
any plans, specifications, or other consiruction documents, and these changes are
approved in writing by the Contractor, the City recognizes that such changes and
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results thereof are not the responsibility of the Contractor. Therefore, the City agrees
release the Contractor from any liability arising from the construction, use, or result
such changes. In addition, the City agrees, to the fullest extent permitted by law,
indemnify and hold the Contractor harmless from any damage, liability, or cc
(including reasonable attorneys' fees and costs of defense) arising from such changc
except only those damages, liabilities, and costs arising from the sole negligence
willful misconduct of the Contractor.
16. REPRODUCTION RIGHTS
The Contractor agrees that all copyrights which arise from creation of the wo
pursuant to this contract shall be vested in City and hereby agrees to relinquish
claims to such copyrights in favor of City.
17. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the City of Carlsbad and tl
Carlsbad Municipal Water District and its officers, officials, employees and voluntee
from and against all claims, damages, losses and expenses including attorney fe
arising out of the performance of the work described herein caused in whole or in p,
by any willful misconduct or negligent act or omission of the Contractor, a1
subcontractor, anyone directly or indirectly employed by any of them or anyone 1
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 moni
due thereunder without the prior written consent of :he City.
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19. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be performed under tt
contract by the Contractor, Contractor shall be fully responsible to the City for the a(
and omissions of Contractor's subcontractor and of the persons either directly
indirectly employed by the subcontractor, as Contractor is for the acts and omissions
persons directly employed by Contractor. Nothing contained in this contract sh
create any contractual relationship between any subcontractor of Contractor and tl
City. The Contractor shall bind every subcontractor and every subcontractor of
subcontractor by the terms of this contract applicable to Contractor's work unle
specifically noted to the contrary in the subcontract in question approved in writing I
the City.
20. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the City
negotiate, make, accept, or approve, or take part in negotiating, making, accepting, l
approving of this agreement, shall become directly or indirectly interested personally
this contract or in any part thereof. No officer or employee of the City who is authorizc
in such capacity and on behalf of the City to exercise any executive, supervisory,
similar functions in connection with the performance of this contract shall becon
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 tt
City, either before, during or after the execution of this contrslct, shall affect or modi
any of the terms or obligations herein contained nor entitle the Contractor to a1
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additional payment whatsoever under the terms of this contract.
22. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 17, "Hold Harmless Agreement," a
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 writtc
above .
24. CONFLICT OF INTEREST
The City has determined, using the guidelines of the Political Reform Act and tl
City's conflict of interest code, that the Contractor will not be required to file a conflict
interest statement as a requirement of this agreement. However, Contractor here
acknowledges that Contractor has the legal responsibility for complying with t
Political Reform Act and nothing in this agreement releases Contractor from t
responsibility.
25, INSURANCE
The Contractor shall obtain and maintain for the duration of the contract and I
and all amendments insurance against claims for injuries to persons or damage
propedy which may arise out of or in connection with performance of the w
hereunder by the Contractor, his agents, representatives, employees or subcontractc
Said insurance shall be obtained from an insurance carrier admitted and authorize'
do business in the State of California. The insurance carrier is required to hav
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current Best's Key Rating of not less than "A-:V" and shall meet the City's policy j
insurance as stated in Resolution No, 91-403.
A. Coveraqes and Limits.
Contractor shall maintain the types of coverages and minimum lim
indicated herein, unless a lower amount is approved by the City Attorney or C
Manager:
1. Comprehensive General Liability Insurance. $1,000,000 combin
single-limit per occurrence for bodily injury, personal injury and property damage. If t
submitted policies contain aggregate limits, general aggregate limits shall apl
separately to the work under this contract or the general aggregate shall be twice tl
required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved 1
Contractor's work for the City). $1,000,000 combined single-limit per accident for bod
injury and property damage.
3. Workers' Compensation and Employer's Liability. Workel
Compensation limits as required by the Labor Code of the State of California ar
Employer's Liability limits of $1,000,000 per accident for bodily injury.
4. Professional Liability. Errors and omissions liability appropriate
the contractor's profession with limits of not less than $1,000,000 per claim. Covera!
shall be maintained for a period of five years following the date of completion of tl
work.
B. Additional Provisions.
Contractor shall ensure that the policies of insurance required under th
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agreement contain, or are endorsed to contain, the following provisions.
1. The City and the Carlsbad Municipal Water District shall be narr
as additional insureds on all policies excluding Workers' Compensation E
Professional Liability.
2. The Contractor shall furnish certificates of insurance to the C
before commencement of work.
3. The Contractor shall obtain occurrence coverage, excludi
Professional Liability which shall be written as claims-made coverage.
4. This insurance shall be in force during the life of the agreement a
any extension thereof and shall not be canceled without 30 days prior written notice
the City sent by certified mail.
5. If the Contractor fails to maintain any of the insurance coverag
required herein, then the City will have the option to declare the Contractor in breach,
may purchase replacement insurance or pay the premiums that are due on existi
policies in order that the required coverages may be maintained. The Contractor
responsible for any payments made by the City to obtain or maintain such insuran
and the City may collect the same from the Contractor or deduct the amount paid frc
any sums due the Contractor under this agreement.
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26. RESPONSIBLE P ARTIES
The name of the persons who are authorized to give written notices or to recei'
written notice on behalf of the City and on behalf of the Contractor in connection w
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. Reynolds, Senior Enqineerinq Consulta
Name Krieaer & Stewart. IncorDorated
Address 3602 Universitv Avenue
Riverside. California 92501 -3380
ArchitecVLicense Number: Civil Engineer License Number 20453
ArchitectlLicense Number:
27. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for i
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
parties relating to the subject matter hereof. Neither this agreement nor any provis
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hereof may be amended, modified, waived or discharged except by an instrument
writing executed by the party against which enforcement of such amendment, waiver
discharge is sought.
Executed by Contractor this s+' day of hk~%ber ,193
CONTRACTOR: KRIEGER & STEWART, a California corooration
ROBERT A. KRIEGER. President ATTEST:
I
(sign here) ALE%*FWffi*l
CHARLES A. KRIEGER. Secretary City Clerk (print name/title)
(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 01
officer signs, the corporation must attach a resolution certified by the secretary or assistant secreta
under corporate seal empowering that officer to bind the corporation.)
Ap& (L L
ED AS TO FORM: RO LD . BALL, City Attorney
BY ity Attorney
//-/ y7E
CMWD 98-407
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STATE OF CALIFORNIA i
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@) OF SIGNER@)
fl personally known to me - OR - 13 proved to me-orrthe basis-of-satisfactory evidence to be the persor
name(s) Ware subscribed to the within instrument and acknowledged to me that-hekldthey executed thl
#tk%ber/their authorized capacity(ies), and that by-biskrltheir signature(s) on the instrument the person(s), 01
upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
L IGNA URE OF NOTARY (This area for official notary seal.)
Title or Typeof Document Agreement between Citv of Carlsbad and Krieger & Stewart
Date of DocumentExecuted by "Contractor"ll/5/98 No. of Pages 30
Signer(s) other than named above - - - - - - - - - N 0 N E """""_
I
CMWD 98-407
061
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p KRIEGER ~~TEWART
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WATEA AND WASTEWATER SPECIALISTS
CIVIL ENGINEERING
ENVlRONMENTAL ENGINEERING
FORENSIC ENGINEERING
PUELIC FINANCE ENGINEERING
WATER RESOURCES ENGINEERING
ENGINEERINQ APPRAISALS
ENVIRONMENTAL ANALYSES
SPECIAL INVESTIGATIONS
CONTRACT ADMINISTRATION
CONSTRUCTION MANAGEMENT
CONSTRUCTION INSPECTION
CONSTRUCTION SURVEYINQ
UNO SURVEYING
9-00 UNIVERSITY AVI
UlVleRSIP€. CA 82601--53aO
rEL moe-em4-eeoo
FAX aoe--ba~--b~ae
CARLSBAD AAL wAnR mmcr
5950 EL CAMP40 REAL
CARLSBAD, CA 92008-8893
(760) 438-3367
EXHIBIT "A"
FOXIS8 LANDMG SEWER LIET STATION
UPGRADE PROJECT
(PROJECT NO. 98407)
PROPOSAL TO PROVIDE
DESIGN AM) CONSTRUCTION ENGINEERING
SERVICES
SEPTEMBER 16,1998
Repared by
ICRIEGER & STEWART, INCORPORATED RIVERSIDE, CALIFORNIA
I
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KRIECER &STEWART
*- ... -.-....I
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SECTION I1
PROJECT APPROACH AND SCOPE OF SERVICES
I
1 Knegw & Stewart's objective for the project is to provlde cost effective facilities that wll meet CMWD's current and future needs, and that will provide operational flexibility and reliability. In order to achievr
that objective, we believe that the following guiding principles are appropriate:
rn Our project team will communicate! with CMWD staff (engineering and operations) throughoul
the project's design and construction to ensure that their concerns are addressed and that they are
familiar with each phase of work.
1
I rn We will use knowledge gained fiom our experience in designing similar projects to speci&
proven equipment and facilities together with special construction provisions that will result in
the lowest possible construction cost and operations and maintenance expenses.
m We will dedicate experienced staff to all phases of the project.
We believe in frequent 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 c"s engineering staff and operations staff, and win 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. PRELIMINARY DESIGN SERVICES
We propose to organize our preliminary design services into the following components:
1.
2. 3.
4.
5.
6.
7.
8.
Initial Meeting and Field Obmtions
Records Search
Geotechnical hvestigation Designsurvey Evaluation of Modification Alternatives
Draft Preliminary Design Report Preparation
CMWD Review and Meeting
Final Preliminary Design Report Preparation
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KRIKXR 6 ~TNART ... .IC."..,,
Each preliminary design component is discussed in detail in the following paragraphs:
1. Initial Meeting and Fieid Observations
We will meet with CMWD staff to discuss the project prior to beginning our prelirnin;
design services and to obtain District fumtshed materials, including record drawings (,
builts) and operational records for the existing Foxes Landing Sewer Lift Station. At t:
meeting, we will discuss alternatives to be considered, and will review in detail (
schedule and approach to evaluating the alternatives. Thereafter, we propose to visit 1
project site with District engineering and operations staK
2. Records Search
We will perform a detailed review of the record information provided by 0, witl particular emphasis upon identifying deficiencies m the existing lift station that can
remedied as part of the proposed project. The records review and field observations R
enable us to develop a thorough understamhg of the District preferences a
oppohties and constraints imposed upon the project by the features of the existing ~
station and site.
3. Geotechnical Investigation
At this time, we believe that a geotechnical investigation will be necessary to determi
soil bearing values for proposed buildings, slope sability for excavations, and location
ground water.
We understand that the CMWD will provide the senices as soils consultant to provi
the geotechnical investigation and repon
4. Design Survey
The design survey will consist of topographic sun-cy of the existing lift station site. \ will use existing horizontal and vertical monumentation at the site to detcnniae s
boundaries and elevations, and will establish kxnparary monumentation outside 1
construction area for use during design and construction of the lift station upgrades. T
will use the design survey data for preparation of both umccptual drawings (11" x 1: and final constmction drawings (24" x 36").
5. Evaluation of Modifhtion Alternatives
We will evaluate alttmatives regarding the modification of the Foxes Landing Sewer I
Station as listed in CMWD's Request for Proposal. In addition, as discussed in Sectiox
we will evaluate alternatives to convert thc existing dry well into a wet well w SubmersibIe pumps Yersus expansion of the existing a-et well and addition of a varial
frequency drive a drives. We will determine modifications of the existing grinders
improve the station's performance characteristics We mill establish power requircme
and determine whether or not the existing portable generator will meet said requiremen
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KRIECER - e STEWART . .. . ....-.. I L 1. ,.
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 electncal panels. All
modification alternatives will be developed in a manner that ensures compliance with
applicable safety regulations.
6. Draft Report Preparation
After 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 summarize the records obtained, as well as
information obtained during conferences with District staK
d. Design Criteria and hun~ Selection
The Design Criteria section will describe the criteria used in evaluating the lifl station upgrade alternatives and will incorporate hydraulic calculations,' s)Ttem
curves, and pump selection data.
e. Lift Station UDPrrade Alternatives
The Lift Station Upgrade Alternatives section will present each alternative with a
short nanative description, engineering drawings, and list of selected equipment
including pumping units, switchgear, controls, and flow meter.
f. Cost Estimatq
The Cost Estimates section will present a detailed discussion of component!
included in the cost estimates, basis of costs, unit construction cost data, anc
summary of cost estimates.
g. Conclusions and Recommendations
The Conclusions and Recommendations section will summarize the capital an
operating costs and other pertinent information (c.g. casc of operation anus
maintenance) for each project component. Recommended alternative will b
descriid m detail, with particular emphasis on the basis for recommendation.
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.KRIEGER 6 ~TEWART
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7. CMWD Review and Meeting
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We will arrange a review meeting with CBnCrD staff to perform a review and receiv comments on the draft Preliminary Design Report. Two weeks prior to this revie!
meeting, we will submit three copies of the draft Report to CMWD staff for review.
8. Final Report Preparation
Based on comments obtained fiom CMVD staff regarding the draft Preliminary Desig
Report, we will prepare the final Preliminary Design Report and submit it to CMWI
SM.
B. DESIGN ENGINEERING SERVICES
Based on the approved preliminary design alternative, our project team will begin designing an
preparation of contract documents as follows:
1. SOYO Contract Document Preparation
We will proceed with prepamtion of the contract documents in phases to alloy
c"s Request for Proposal. When approximately 50% complete, we will subm
three sets of documents to CMWD for review and approval.
The contract documents will include both the specifications and the constructio
drawings. The specifications will include the notice inviting bids, bid sheets, contrac
contract provisions, special requirements, approved shop drawings for the quipma
(including installation instructions, equipment sizes, and weights), tecbnic;
specifications for all equipment, specifications for basic construction materials (c.1
concrete, steel, piping, painting, and electrical), and standard drawings. The contract wi
include a requirement that the contractor provide 0 with a one year warrani
regarding materials and workmanship.
Ckar and concise technical specifications are critical to ensuring that CMWD reccivc
facilities which will provide a high degree of reliability and durability. The speci;
reqt,nimnents will address construction constraints and anticipated difficulties, includinr
delivery of equipment, storage of materials, noise and dust control, and daily cleanup.
detailed sequence of work will be provided in the special requirements to ensure th
construction activities will be paformed in an expeditious and orderly manner wil minimal impact on both C"s existing operations and adjacent property owner Requirements for bypass of the station mill be incorporated in detail.
Tht construction drawings will be prepared using the c"approved constructic
drawing orientation and layout. Drawings will be provided for grading, site piping, ar
stmctural, mechanical, and electrical work
intmnediatc review by CMWD staff. Design ill incorporate the items listed i
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KRIEGER 6 6TEWAR'C .- . " I. , I. . I 3 ..
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2. CMWD 50% Review and Meeting
As presented above, we will submit three sets of contract documents to CMWD fc
review, Approximately two weeks thereafter, we will obtain CMWD's comments durin
a review meeting which will be attended by Krieger & Stewart's principal in charge an
project engmeer.
3. 90% Contract Document Preparation
__ Based on CMWD staff comments, we will proceed with 90% contract documer
preparation. -
u 4. CMWD 90% Review and Meeting - When documents are approximately 90?4 complete, we will submit three sets to CMWI
for review. Approximately two weeks thereah. we will obtain CMWD's comment
during a review meeting which will be attended by Krieger 8c Stewart's pMcrpal u
charge and project engineer.
5. Fmd Contract Document Preparation - Based on CMWD staff comments !iom the 90% contract document review meeting, wc
will revise the contract documents as required and submit signed and stamped original
of same to CMWD staff for final approval and signatures.
Once CMWD has pedormed final review and signed the drawings, we will provide fivc
copies of same in addition to originals.
Following preparation of the final contract documents, we will confer with material:
suppliers and contractors with extensive experience in the construction of simila
facilities in order to prepare a detailed engineer's cost estimate for O's use in botl
budgeting for construction of the facilities and to provide to contractors during bidding o
thc lift station upgradc consauction contract.
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6. Bidding Phase
During the bidding period, we will answer questions about or provide clarifications of the
contract documents, and prepare and distribute addenda, ifnecessary.
C. CONSTRUCTION ENGINEERING SERVICES
We understand that CMWD may perform some or all of the tasks demi in the following
paragrapk, however, we are prcparrd to provide any of the scnrices dcscriid herein or other construction engineering strvices including inspection at C"s discretion. We have providec
a separate fet estimate for construction engineering services, please see Section VI for details.
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KRIEGER 6 ~TEWART .. , . .. .. I. ~ . . ,
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
i 1
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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 detennine whether or not it is
responsive. For the apparent low bidder, we will check the references supplied.
Following om review of the bids, we will prepare a recommendation of award letter for
CW staff which will summarize the bids received, the results of the checks on the
contractors' references, and recommend contract award.
2. Preconstruction Meeting
The preconsbuction meeting will be attended by CMWD staff, Krieger & Stewart's
project engineer and the project contractor. The pmonstruction meeting will provide the
opportunity 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 distriiuted 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, a11 construction materials and
equipment, equipment operation and maintenance manuals, and equipment warranties. We believe that rigorous shop drawing review assures installation of equipment in
compliance with the spccifications and is a significant factor in reducing construction
delays, controlling claims and change orders, and minimizing start-up dificultics.
4. Contract Administration Assistance
As requested by CMWD, we will respond to requests for information from 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 from the contractor to
determine if said requests arc 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
evaluate proposcd costs and review thc change with CMWD staff and rcccivc CMWD
approval prior to preparing and processing a contract change order.
review samc with CMWD staft If a change order request appears justified, we will
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KRIEGCR @ 8TEWART
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5. Facility Start-up, Performance Testing, and Acceptance
The contract documents will require the contractor to provide start-up, perfomancc
testing, and system validation of all equipment and components, including adjustment!
and calibrations by equipment suppliers.
Start-up and performance testing will be witnessed by CMWD staff and bj
representatives of our project team. Using the equipment operation and maintenancc
manuals, the various equipment suppliers will be required to provide CMWD operation!
staff with sufficient instruction to enable them to operate and maintain the facilities oncc
CMWD accepts same and assumes responsibility for the upgraded lift station's operation.
Members of Krieger & Stewart's project team will attend the facility start-up anc
performance testing, and will assist CMWD staff in verifymg that all equipment anc
appurtenances are functioning as specified in the conhct documents prior to acceptancc
of construction work.
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KRIECER 6 STEWART
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SECTION V
" PROJECT lCIANAGEMENT AND SCHEDULING
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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 arc
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 services must be managed
efficiently to avoid design 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.
A. SCHEDULJNG
We propose to provide the senrices descnid in Section II in accordance with the schedule shown
on Table V-I. CMWD's schedule with allotted time for staff review is approximately 27 weeks;
our schedule shows 23 weeks. Our project team is prepared to proceed with providing the
requested SQvicCs immediately.
In order to ensure that the project is completed on a timely basis, we will adhere to the following:
1. The pject 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
project with the CMWD's project manager at the end of each week. To improve
communication and assist C"s staff, review of the Preliminary Design Report, and
50% and 90% submittals, we arc prepared to have our project manager meet with
CM\vIys staff (engineering and operation) to review the submittals in detail prior ta
C"s staff commencing their review. This approach often expedites the review process and assists in making sure the project design complies with C"s staf
dcsirrs
3. Ewe &ll behind schedule, we wii provide details to c"s project manager on hov
we will get the project back on schedule; and
4. If we fdl behind the specified schedule, we will assign personnel to the project E
neccssmy, and our project team will work overtime (evenings and weekends) to retun
the pojcct to the original schedule.
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KRIEGER CY ~TEWART .. . .. .. . .. . . , ,,
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QUALITY ASSURANCE/QUALITY CONTROL PLAN
Kneger & Stewart's Quality AssurancdQuality Control (QNQC) Plan will consist of twa
components, Peer Review and Document Control. Each component is discussed separately in the
following paragraphs.
1. Peer Review
Each of the primary components of the project will be the subject of an intensive pea
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 expertise
regarding specific project elements. The committee members will not be members of the
project team for CMWD's project, allowing them to provide a #esh perspective durinl
their review.
Each component will be reviewed periodically as it is developed; scheduled reviews wil
occur prior to submittal of the preliminary and find versions of the contract documents
and unscheduled reviews will occur as the documents are being prepared ant
supplemental sewices are being performd We will arrange our scope of savice:
regarding each project in a manner which calls for each major element to be completec befm commtncing the following element.
At each stage of our peer review, we will document the specific conclusions am
recommendations of our Design Review Committee (in memorandum format) and plau
tbc applicable documentation in the appropriate project subfile. Should CMWD staf
require infomation regarding the procedures or results of the peer review of a specific
project component, we will promptly provide any requested documentation.
2. Jbcument Control
To ensure reliable and immediate access to documents and information, Kriega 8
Stewart has devised a comprehensive document control system through which our staf
can access any required information regarding a specific project, regardless of the type o
media (e.g. paper, digitaJ, mylar, blueprint, photograph) or software program. OL
document control system has ken in place for over 25 years and has proven to be highl
dependable.
With regard to CMWIYs liA station upgrade project, we will assign specific trackin
numbers to each specific project element to ensurc that we can access records on deman
and provide comprehensive and well organized files (paper and digital) to cMWD stal
upon request.
V-2
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KRIEGER & STEWART
INCORPORATED
SECTION VI
FEE SCHEDULE
Our fees for providing the semces described in our proposal are indicated on Table VI-1 and VI-2. A
of $65,000 for preliminary and final design engineering services, and $18,000 for constructio:
engineering services. A copy of our 1998199 Fee Schedule is also attached, and our fee is based on tht
rates specified therein. As specified on our Fee Schedule, we will bill for reimbursable expenses at cos
(aside for vehicle mileage, which will be billed at S.40 per mile).
Please note that our fee is predicated on a number of specific understandings regarding project detail!
and the services required, and that our fees may have to be adjusted in the event that certain additiona
services are required in order to successfully complete the project. Said understandings include thc
following:
1. No building permits are required.
2. CMWD will provide geotechnical investigation.
3. CMWD staff will perform review of the contract documents.
shown therein, we will provide all of the services included in our Scope of Services for an estimated fe
4. CMWD will acquire any required sites and easements, and will prepare and process any relatec
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 enpeering services will depend on the efficiency, competence,
and diligence of the contractor.
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KRIECER &STEWART
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98/99
CLASSIFICATION
Forensic Services (4 ht. minimum)
- Senior Expert Witness
Testimony
Investigation
Associate Expert Witness - Testimony
hVCStigatiQn
9 Engineering Services
I Consulting Engineer
- Principal Engineer
Senior Engineer
Associate Engineer
Staff Engineer I
Staff Engineer II
Staff Enpeer m
Surveying Services
Rincipal Surveyor
Senior Surveyor
Associate Surveyor
Staff Surveyor I
Staff Sweyor II
Staff Surveyor Ill
3 Man Crew with Survey Truck (including mileage) and Standard Equipment PI
2 Man Crew with Robotic Equipment
2 Man Crew with Survey Truck (including mileage) and Standard Equipmt pT
I Man Crew with Robotic Equipment
Geologic Services
princlprlGcologist stnior~logist
Associate Geologist
Staff Gcolagist I
Statrceologist II
StaKGcologist Ill
Environmental Services
' Senior Specialist
Associate Specialist staff specialist I staffspecialist II
Staff specialist m
Page 1 of 2
RATES
SlHr.
215.00
165.00
165.00
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
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'. KR~EGER B STEwmT
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Automated Design Services
Operations Supervisor
Chief Operator
Senior Operator
Staff Operator I
Staff Operator II .
Staff Operator m
72.00
70.00
66.00
62.00
58.00
54.00
Consfruction Services
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Resident Engineer
Senior Inspector staff Inspector I
Staff Inspector II
Staff Inspector XU
80.00
56.00
52.00
48.00
44.00
Support and Technical Services
Senior Secretary staff secrttary I staff secretary If
Staf€Technician
Utility Technician
Utility Ckrk
42.00
40.00
38.00
50.00
38.00
32.00
Outside Services
Special Consultants and Purchased Services Cost + 15%
Reimbursable Erpensa
Vehicle Mileage (excluding wcjr truck)
Air Fare, Ground Fare, Parking, and Subsistence
Copies, Prints, Telephone, Delivery, and Sundry Charges
OAWile cost cost
The above rates an subject to change on or about July 1 each yw due to sab and cost increases.
TERMS OF PAYMENT.
Unless charge accommodations have been established beforehand, all accounts shall be prepaid. For
accounts having charge accomnrodations, payment in full 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 In% per month (18% annual
percentage rate), with a minimum charge of 51.00. Accounts with a past due balance of 25 or more days are
subject, without notice, to credit discontinuance and mechanic's lien or stop notice. If it becomes necessary
for Krieger & Stcwart to instigate legal proceedings for the collection of any balance due, the action shall be
brought and tried in the Judicial Districts wherein Kriega & Stewart offices are located. Client agrees that
the court may award reasonable attorney3 fees and ccsts of suit to the prevailing party.
c5110/99-FEEs 9801
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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 F'URTHER, 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.
ATTEST:
GUlQWF
CHKRLES A. KRIEGER, Secretary
FILE: KTDAUTH.DOC
I certify that this photocopy is a true, correct and complete copy of the original document.
CHARLES A. KRIEGER, Secretary W
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- City of Carlsbad
November 23,1998
Krieger & Steward, Inc.
Jon C. Reynolds, Sr. Eng. Consultant
3602 University Avenue
Riverside, CA 92501 -3380
AGREEMENT FOR DESIGN SERVICES - FOXES LANDING SEWER LIFT STATIO1
Enclosed for your records are copies of Agenda Bill No. 11/17/98 and Resolution No.
98-383 which went before the Carlsbad City Council on November 17, 1998, where thc
Resolution was approved.
Also enclosed is a copy of the fully executed agreement with your company to provide
the City of Carlsbad with engineering design services for the Foxes Landing Sewer Lifl
Station, CMWD Project No. 98-407, City Project No. 36561.
The City Attorney has determined that you will not be required to fill out Conflict of
Interest Form.
If you have questions about the contract or the project, please call William Plummer. CMWD Engineer, at (760) 438-2722 extension 7126.
<;*a L,- +/&y - J"5/"-
Kathleen D. Shoup
Sr. Office Specialist
1200 Carlsbad Village Drive 0 Carlsbad, CA 92008-1 989 0 (760) 434-28C