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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 I e I$ qqq-5 CITY OF CARLSBAD - AGE DA BILL I I I AB# ly! 74Y 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: 9 5 r: 4 z 0 + .. I 0 4 A 0 I 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 0 I f 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. ” , LOCATION MAP t L Project Name: Project Ex No, P FOXES LANDING SEWER LIFT STATION 98-407 . ll e e 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 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. 1 0 e 3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 0 0 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. 1 Rev. OW1 7/! 0 0 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," 2 Rev. 08/17/! 0 0 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 3 Rev. 08/17/9 0 0 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 4 Rev. 08/17/! 0 0 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 5 Rev. 0811 71 0 a 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: 6 Rev. 0811 719; e 0 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 7 Rev. 0811 0 0 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. 8 Rev. 0811 7, 0 0 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 9 Rev. 08/17/! 0 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 10 Rev. 08/1 0 0 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 11 Rev. 0811 7/! 0 0 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. 12 Rev. 0811 71 0 0 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 13 Rev. 08/17 0 0 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 14 Rev. 0811 71: 0 0 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 .I p KRIEGER ~~TEWART ".,".>"rr,n I * "? ..res.., 5i)". IL..".i 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 237 0 0 KRIECER &STEWART *- ... -.-....I ~~ 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 II-1 I. .. 0 e 7' r' I r. r C r: - - - - .. I r - - .. 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 II-2 a 0 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. rI-3 L. 0 0 '7 .KRIEGER 6 ~TEWART ...e ."II."., 7. CMWD Review and Meeting - 7 A 3 7 " 7 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 II4 e 0 KRIEGER 6 6TEWAR'C .- . " I. , I. . I 3 .. f! r. r 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. -! 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. n-5 0 0 -. 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 ! 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 Lld I1 0 0 r- -. - rr - _. 7 d 1 - KRIEGCR @ 8TEWART ., . .. . " . , , ,. 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. -. - II-7 0 0 KRIECER 6 STEWART ,. I " .. - . , , ., SECTION V " PROJECT lCIANAGEMENT AND SCHEDULING - - - A 7 3 1 J 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. v-1 1 -. 0 0 KRIEGER CY ~TEWART .. . .. .. . .. . . , ,, B. " - 7 > 7 I J : I 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 .I $1-1 ..m .!= rn X x w - % - s* !! izw 0 a3 >a v)X 30 =- e $ "0' 0 52 X ua W d WW 9: 88 3: 05 2z 912 SZE W"J 4t9 cao H 3& gp 22 22 Tcm UiE: a4 33 cna e= W cn LL W z u) E31 I *I #k $1 T tq - - 3x5 "9 %a gpg "8 gq z 0 fr I z 80 38 F: 62 28 :: 0 a$ 3 E (rDz jz 14 O)h tY) 32.G:z i - s8f""d; qg t "0 r 4 I r 5 N i -Jy a' (* 8 9 If 5 s 9 * c w- 8; z E P8r t t r wf I 0 0 a* (Y 0 7d c c 93 r! Q 3 Q a- e38 CD 'c '1 z cg S :c Q r Pp (Y O SI. g r- hl XIS, sg f r! .* "Ip + 3 *SI ll r 3 i!qa (Y "I' 2 z:% s 0 s (Y If *I s c! 22 "In 9R %tt ip8 13 K3q*oo 38ZC *(Y M? p hl (Y gegss U 13 -" I:: q 8 Om. I" I ,8 : t (030 do 8*~'""0 t w *hl t w $8 thl m **g** f 1 f 1 /I*! 1 8 ijfjzp~i~t I 8 9 [!;!q.+p i.s.1,;Qf ;Jg:ip #e8 s =JjaBlat dJfili2 0 !pJ! I? i!? sa Y ;&&iddid 0- idGQ@c: m i f 8 E I s i 3 Qo 1 b i jg .. r u =g,g *res$ F iSJS qy 5 Ea ?+as *32 '.~f.3~~ - . cq -* *. != s rt W cn W t) 2 oa a 3: 28 $a pP 3u zz .;bo gP SSPW El= c=O Y;$ !g 3d & Q)a QU ZZ 5z gk 8 !! q-1 :*I CI 2 wv) > $5 2: s 03 28 %I $; b - & II u ES! iiil UI gg fil ji 'E &2 "8 0 6 - ow. 2 I 2 I I a Mg I! hl -** I* I I Cini; sa% If Wl8 Is Q 482 Ir) F- /5! 0 - 2s- I' 8988 1' (YI(Y0 I' Q b % I!! t!E? 8 gY 5 i2# a% qsp S'BEp 2 a%a G Ews ;cr'ciiui f I i c 9 0 !i 2 r 8 .. t 8 v) ? 8 i i j c 3 -1 ji Q r, I m 0 2 N. z - w 3 c 0 f Li f ii SB 0. 0 tf~~/~ ggi f W ginsji , Z:Bc'3fZ - - " - I c 4 '1 - - . 8 a ow cn iq 2i3 233 wza SGfi "%+X LZO W(ma is 0 zg5g q aan ne m Q)Q Z$O a;& az Q) !! 9 2 1 ? e a f a I - t v ei CI - r 0 3 - f $ ! ci d i d cd G v is d d J u d - r?. cn f 13 3w I' W -4 ap '"E P3 35 i c ma P 0 u e rn - Pi ci i I I< Ird 16 I LI I I- I , I ~ t c ? 8 i ~E 88 24 s'i l! n : cis 0 0 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. 3- I. " 0 e KRIECER &STEWART ,.1 " " . .. .. .. . . . ., FEE SCHEDULE 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 3 "-. r. 0 0 '. KR~EGER B STEwmT . ._ . .. I .. - . 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 7 J 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 \ Page 2 of 2 0 e 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 # a 0 - 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