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HomeMy WebLinkAbout2002-03-12; Municipal Water District; 520; Agreement w/ Krieger & Stewart - Pump Stationsn K 0. n a z 0 F 0 n U p! a 0 m .. CARLSBAD MUNICIPAL WATER DISTRICT -AGENDA BILL I, /7 /7 LB# 520 TITLE: APPROVE AND AUTHORIZE AN ENGINEERING SERVICES AGREEMENT WITH KRIEGER & STEWART, INC., ITG. 3/12/02 CITY DEpT.w' A FOR DESIGN OF PUMP STATIONS INCLUDED IN THE ENCINA BASIN WATER RECLAMATION PROGRAM, PHASE II PROJECT, c\ IEPT. ENG PROJECT NO. 3889-1 AND APPROPRIATE FUNDS I CITY MGRT- RECOMMENDED ACTION: Adopt Resolution No. 1142 to approve and authorize an engineering services agreement with Krieger & Stewart, Incorporated for design of pump stations included in the funds. Encina Basin Water Reclamation Program, Phase II Project, Project No. 3889-1 and appropriate ITEM EXPLANATION: The Encina Basin Water Reclamation Program, Phase II Project (Phase II), will increase the capacity of the recycled water system from 3 mgd to 8 mgd. Recycled water will be used to meet irrigation demands and industrial uses in Carlsbad. In order to supply recycled water to upper These pump stations are generally located at the "D-Tank Site, the Bressi Ranch area, and the pressure zones, pump stations are necessary at three locations throughout the system. Calavera Heights area. Four proposals to perform the final design were submitted to the selection committee composed of Engineering Department staff members. The firm of Krieger & Engineering Department. The qualifications and proposals were reviewed and ranked by a Stewart, Inc., was recommended as the most responsive proposal. ENVIRONMENTAL REVIEW On January 25, 2000, the Board of Directors certified a Mitigated Negative Declaration for the Phase II project under Case No. EIA 99-09; CMWD Project No. 98-301. FISCAL IMPACT: The total cost for the phase II project is $38.6 million and is shown in the Table below. The total cost for the three pump stations is $2.6 million as listed in Item No. 4. The total fee payable for engineering design services for the three pump stations is $525,000 in the first year term. The agreement, however, may be extended an additional year based on original terms. The construction cost for the three pump stations is estimated to be $2.075 million. An appropriation of $2.6 million is required from the Recycled Water Fund for the three booster pump stations. I Page 2 of Agenda Bill No.. 52" The Phase II project is being financed through a combination of local, State, and Federal funding programs. Through two previous resolutions the Board has appropriated $4.6 million. On January 23, 2002, the State Water Resources Control Board approved a $31 million low-interest loan and a $5 million grant. The low-interest loan and grant funding for the Phase II project includes an allowance for engineering expenses and construction management. The loan is expected to be repaid through the sale ofrecycled water to end users. Finally, in 1997 the Federal Bureau of Reclamation (BUREC) has authorized the Phase II project which will enable the BUREC to enter into an agreement with the District to receive annual to receive a 25 percent project grant. The BUREC is completing the NEPA documentation, appropriations approved by Congress for the Phase II project. It is estimated that the District may fiscal years. receive a $2 million grant this current fiscal year, followed by additional grant funds in subsequent The estimated cost for the design and construction of the three pump stations has been incorporated into the said funding programs; therefore, funds are available for the engineering design. EXHIBITS: I. Location Map. 2. Resolution No. 1142 of the Carlsbad Municipal Water District to approve and authorize execution of an Engineering Services Agreement with Krieger & Stewart, Inc., for design of pump stations included in the Encina Basin Water Reclamation Program, Phase II Project, Project No. 3889-1 and appropriate finds. 3. Agreement with Krieger and Stewart, Inc., for engineering design services for pump stations included in the Encina Basin Water Reclamation Program, Phase II Project, Project No. 3889-1. LOCATION MAP NOT 4 T SCALE PROJECT NAME PROJECT EXHIBIT ENCINA BASIN WATER RECLAMATION PROGRAM NUMBER PHASE I1 PUMP STATIONS 3675-2 7 DRAW BY: YXTT EVANS, CARLSEM ENLYNEERING DEPT 2/4/02 C:\~PlrU\UUELSA~ER\367~~~PS.D~ 3 1 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 RESOLUTION NO. 1142 A RESOLUTION OF THE BOARD OF DIRECTORS OF APPROVE AND AUTHORIZE EXECUTION OF AN ENGINEERING CARLSBAD MUNICIPAL WATER DISTRICT (CMWD) TO SERVICES AGREEMENT WITH KRIEGER & STEWART, INC., FOR DESIGN OFPUMP STATIONS INCLUDED IN THE ENCINA BASIN WATER RECLAMATION PROGRAM, PHASE II PROJECT. PROJECT NO. 3889-1 AND APPROPRIATE FUNDS. WHEREAS, the Engineering Department requested proposals for Engineering Design Services from seven qualified consultants to design pump stations referred to as "D"-Tank, Bressi Ranch, and Calavera Heights Pump Stations included in the Encina Basin Water Reclamation Program, Phase II project; and WHEREAS, after reviewing four proposals which were submitted, Krieger & Stewart, Inc., was recommended as the most responsive proposal; and WHEREAS, the Board of Directors of the Carlsbad Municipal Water District has determined it necessary. desirable, and in the public interest to enter into an agreement between Krieger & Stewart, Inc., and the CMWD for engineering design services to design three pump stations as part of the Encina Basin Water Reclamation Program, Phase II Project; and WHEREAS, funds totaling $2.6 million are needed for the three pump station improvements; and WHEREAS, the approval of a one-year extension will be included for this agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal Water District (CMWD) of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the proposal by Krieger & Stewart, Inc., in the amount of $525,000 for Engineering Design services is accepted and approved. 3. That an appropriation of $2.6 million is hereby approved from the Recycled Water Fund. Ill Ill Ill Ill 4 1 a 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 4. That the President of the Carlsbad Municipal Water District is authorized and ,directed to execute the agreement between Krieger 8 Stewart, Inc., and the Carlsbad Municipal Water District for Engineering Design Services for the "D"-Tank, Bressi' Ranch, and Calavera Heights Pump Stations as part of the Encina Basin, Water Reclamation Program, Phase II Project. PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal Water District held on the 12th day of MARCH , 2002 by the following vote, to wit: AYES: Board Members Lewis, Kulchin, Finnila, Hall NOES: None (SEAL) 5 AGREEMENT FOR ENGINEERING DESIGN SERVICES FOR PUMP STATIONS INCLUDED IN THE ENCINA BASIN WATER (KRIEGER & STEWART) RECLAMATION PROGRAM, PHASE II PROJECT, PROJECT NO. 3675-2 THIS AGREEMENT is made and entered into as of the day of , 20-, by and between the CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, referred to as ("CMWD), and KRIEGER & STEWART, a California corporation, ("Contractor"). RECITALS A. CMWD requires the professional services of a professional engineering B. Contractor has the necessary experience in providing professional C. Selection of Contractor is expected to achieve the desired results in an D. Contractor has submitted a proposal to CMWD and has affirmed its contractor that is experienced in pump station design. services and advice related to pump station design. expedited fashion. willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. SCOPE OF WORK CMWD retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written.-The Executive Manager may amend the Agreement to extend it for one (1) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, CMWD needs, and appropriation of funds by the CMWD Board of Directors. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. ~ .. 1 General Counsel Approved Version #07.05.01 b 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term on a time and material basis in accordance with Exhibit "Ai will be an amount not-to- exceed five hundred twenty five thousand dollars ($525,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. CMWD reserves the right to withhold a ten percent (10%) retention until CMWD has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of CMWD. Contractor will be under control of CMWD only as to the result to be accomplished, but will consult with CMWD as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of CMWD for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. CMWD will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify CMWD and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which CMWD may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At CMWD's election, CMWD may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and CMWD. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by CMWD. 2 General Counsel Approved Version #07.05.01 7 8. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION ExceDt as to the sole negligence or willful misconduct of CMWD, Contractor will defend, indemnify and hold CMWD, and the City of Carlsbad, their officers, agents and employees, harmless from any and all loss, damage, claims, demands, liability, expense or cost, including attorney's fees, which arises out of, or is in any way connected with the performance of, the Services by Contractor or any of Contractor's employees, agents or subcontractors, notwithstanding that CMWD may have benefited from their services. The parties expressly agree that any payment, attorney's fee, costs or expense CMWD incurs or makes to or on behalf of an injured employee under its self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of the Agreement. IO. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to-property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V". 10.1 Coveraqes and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the General Counsel or Executive Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. CMWD. its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 3 General Counsel Approved Version #07.05.01 10.1.2 (if the use of an automobile is involved for Contractor's work for CMWD). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to CMWDs satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The CMWD and the City of Carlsbad will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to CMWD sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providinq Certificates of Insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. 10.4 Failure to Maintain Coveraqe. If Contractor fails to maintain any of these insurance coverages, then CMWD will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by CMWD to obtain or maintain insurance and CMWD may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. CMWD reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 4 General Counsel Approved Version #07.05.01 4 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of CMWD during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of CMWD. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to CMWD. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in CMWD and Contractor relinquishes all claims to the copyrights in favor of CMWD. ~~ . 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of CMWD and on behalf of contractor under this Agreement. For CMWD: For Contractor: William E. Plummer, P.E. Jon C. Reynolds, P.E. Deputy City Engineer Vice President Carlsbad Municipal Water District Krieger & Stewart, Inc. Address: 1635 Faraday Avenue 3602 University Avenue Carlsbad, CA 92008 Riverside, CA 92501-3380 Phone: (760) 602-2768 Phone: (909) 684-6900 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 5 General Counsel Approved Version #07.05.01 4” 16. CONFLICT OF INTEREST CMWD will evaluate Contractor's duties pursuant to this Aareement to determine whether disclosure under the Political Reform Act and CMWb's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or the Secretary of the Board those schedules specified by CMWD and contained in the Contractor's affected employees, agents, or subcontractors will complete and file with Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the CMWD an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act the eligibility for employment of all agents, employees, subcontractors and consultants of 1986 and will comply with those requirements, including, but not limited to, verifying that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or CMWD will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (IO) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the Executive Manager. The Executive Manager will consider the facts and solutions recommended action of the Executive Manager will be binding upon the parties involved, although by each party and may then opt to direct a solution to the problem. In such cases, the nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 6 General Counsel Approved Version #07.05.01 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, ." "" - ~ ~~~~ ~ CMWD may terminate this Agreement for'nonperformance by notifying Contractor by certified mail of the termination. If CMWD decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, CMWD may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by CMWD and all work in progress to CMWD address contained in this Agreement. CMWD will make a determination of fact based upon the work product delivered to CMWD and of the percentage of work that Contractor has performed which is usable and of worth to CMWD in having the Agreement completed. Based upon that finding CMWD will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of CMWD, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to CMWD. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. CMWD will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, this Agreement. For breach or violation of this warranty, CMWD will have the right to or any other consideration contingent upon, or resulting from, the award or making of annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD must be asserted as part of the agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to CMWD, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.. the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If CMWD seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for CMWD to terminate this Agreement. General Counsel Approved Version #07.05.01 7 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon CMWD and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of CMWD, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 111 Ill Ill Ill 111 8 General Counsel Approved Version #07.05.01 13 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CARLSBAD MUNICIPAL WATER KRIEGER & STEWART, INC., a corporation DISTRICT, a Public Agency organized under the Municipal Water Act of 191 1, and a Subsidiary District of the City of Carlsbad By: President, Executive Manager or (print nameltitle) designee **Bbl"J p$"?$h 7 ATTEST: (sign here) Charles A. Kriener - Secretary (print namekitle) LORRAINE M. WOOD Secretary If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president '"Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, General Counsel By: Deputy General Counsel 9 General Counsel Approved Version #07.05.01 NOTARY ACKNOWLEDGEMENT State of California } ss. County of Riverside On Febmarv 25, 2002, before me, Kim Renee' Soto, a Notary Public, personally appeared Jon' Reynolds and Charles A. Krieger, Personally known to me -or- 0 Proven to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the attached instrument and acknowledged to me that they executed same in their authorized capacities, and that, by their signatures on the instrument, the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. POP I SignsNre of Notary Notary Seal OPTIONAL INFORMATION Capacity Claimed by Signer Individual corporate Officer@): Vice President and Secretary, respectively Titleg) 0 Partner(s): 0 Limited General 0 Attorney-in-Fact TNStee(S) [7 GuardidConservator 0 Other: Signers are Representing: Name of Person($ or Entity(ies) Krieger & Stewart, Incorporated Description of Attached Document Agreement for Engineering Design Services Basin Water Reclamation Program, Phase I1 for Pump Stations Included In the Encina Project, Project No. 3675-2 Document Title or Type 26 Number of Pages To be dated by Carlsbad Municipal Water District Document Date President, Executive Manager or designee of Carlshad Municipal Water District Other Signer($ I EXHIBIT "A" KRIEGE R @f STEWART ,*iDI.os&lrD February 8,2002 City of Carlsbad Engineering Department 1635 Faraday Avenue Carlsbad, CA 92008 860-3 Attention: Christopher M. Muehlbacher, Associate Engineer Subject: Proposal to Provide Design Engineering Services for the Recycled Water Pump Stations for the Encina Basin Water Reclamation Program, Phase II Gentlemen: We appreciate the opportunity to submit our proposal for subject project. Our proposal is divided into the following sections: I. Scope of Services II. Fee Estimate We have revised our scope of services and fee estimate in accordance with your review comments on OUT draft proposal, dated December 14,2001. Again, we are pleased to be considered to provide consulting engineering services to the City of Carlsbad regarding subject project, and are available to discuss our proposal with you at your convenience. Sincerely, PESiblt 3-CM"L1 Enclosures: Proposal KRIEGER 6 STEWART ,*co..Ds.lrD SECTION I SCOPE OF SERVICES Our Scope of Services is divided into the following five categories: 1. Project Coordination 2. Preliminary Design 3. Final Design 4. Value Engineering 5. Special Services Each specific task included in our Scope of Services is discussed in detail in the following paragraphs. TASK 1 - PROJECT COORDINATION Throughout the project, we propose to coordinate closely with City staff, public agencies, and private land developers. We propose to coordinate with these agencies and parties through the City by joint meetings and correspondence. At all times, we will keep City staff apprised of our communications with other agencies and parties. Also, in order to develop a comprehensive control strategy for the City's recycled water system (initial and future) we will meet and coordinate with the City's CWRF project design team and Vallecitos Water District, including their consultants. Krieger & Stewart will prepare meeting minutes (notes) for all meetings with City staff, public agencies, land developers, and their consultants. We will provide City staff with copies of our meeting minutes within one week following each meeting. Our project coordination services are summarized as follows: 1.1 Preliminary Design a. Initial Meetins We will meet with City staff to discuss the project prior to beginning our design services and to obtain City-furnished materials, including the following documents and data: Encina Basin Recycled Water Distribution System Study by Powell/F'BS&J Recycled Water System Hydraulic Network Model and Demands(H20Net), Phase I1 and Ultimate Conditions Encina Basin Recycled Water System Project Report for the California State Water Resources Control Board (SWRCB) State Revolving Fund (SRF) Loan Program Easement and Right-of-way Documents for the Twin "D' Reservoir Site Record Drawings (As-Builts) for the Twin "D" Recycled Water Storage Reservoirs Record Drawings for the "D" Point Pressure Reducing Station Record Drawings for all Water, Sewer, and Recycled Water Pipelines in the Vicinity of the Proposed Pump Stations. 1-1 I7 KRIEGER CY ~TEWART I*cD..ol"lo In preparing for this meeting, we will compile a summary of issues and concerns to be discussed for each pump station, as well as a preliminary list of equipment types and manufacturers for major pump station components. At this meeting, we will discuss project design criteria and alternatives to be considered, and will review in detail our schedule and approach to evaluating the alternatives. We will also review our approach to coordinating with other agencies and parties. b. Meetines with Calavera Hills and Bressi Ranch DeveIoDers We will meet with City staff and the representatives for the Calavera Hills Village residential development @cMillan) and Bressi Ranch industrial development Ganar Homes) to discuss the proposed locations for the Calavera and Bressi Pump Stations, mitigation, and site security requirements. Prior to meeting with the Calavera Hills site size requirements, City ingresdegress requirements, architectural themes, noise Village and Bressi Ranch developers we will confirm minimum site size requirements (see Review City Furnished Materials and Documents, Task 2.1). C. We understand that each of the three pump stations will require a Conditional Use Permit kom the City's Planning and Development Services Department. In addition, the Twin "D" Pump Station will require a Coastal Development Permit to be issued by the City. Prior to commencing preparation of preliminary drawings, including architectural concept drawings, we will attend a meeting with City Planning and Development Services Department staff, City Public Works - Engineering Department staff, and ow architect and landscape architect subconsultants (Gillis & Associates Architects, Inc. and KTU+A, respectively) to discuss the City's architectural requirements for each of the proposed pump stations. In addition, we will discuss the anticipated schedule for presenting the projects, including architectural renderings, to the City's Planning Commission. d. Preliminarv Desim Rmort Review Meetines Following our preparation of the draft Preliminary Design Report VDR) for the pump stations, we propose to meet with City staff to review our preliminary report and its contents. At the end of the meeting, we will provide copies of the draft report for staff review. Thereafter, we will meet to review staff cgmments. Upon receipt of comments, we will proceed with final report preparation. We will provide copies of final report to staff and thereafter receive their comments to make any final revisions. 1.2 Final Design a. Meetines with Citv Plannine and DeveloDment Services Deuartment Prior to commencing with preparation of contract documents (plans and specifications) Department staff, City Public Works - Engineering Department staff, and our architect for each pump station, we will meet with City Planning and Development Services 1-2 IS KRIEGER 4Y ~TEWART ,*CO..O.ITEO and landscape architect subconsultants to confirm pump station design requirements, including architectural requirements, access requirements, environmental mitigation (if any), and any special construction constraints or sequencing requirements. b. Meetines with Citv Planning Commission We anticipate that the pump stations will be presented to the City's Planning Commission at separate meetings. We will provide City staff with all required presentation material for the meetings. In addition, we will attend the meetings along with our architect and landscape architect to assist City staff in responding to any questions from the Planning Commission. C. Citv Staff 65% Document Review Meeting We will submit five sets of 65% complete contract documents to City staff for review. review meeting, which will be attended by Krieger & Stewart's principal in charge and Approximately two weeks thereafter, we will obtain City staffs comments during a project engineer, and our architect and landscape architect. d. SWRCB SRF 65% Document Review SWRCB SRF Loan Program Policy does not mandate applicants to submit preliminary contract documents for review. However, based on our previous experience with SRF projects, we believe that SWRCB review of preliminary contract documents expedites the design phase and the SWRCB approval of final contract documents. We propose to submit 65% complete contract documents to the SWRCB for review. We will implement SWRCB recommendations into the project design, unless we disagree with a recommendation. We will prepare a written response to any SWRCB recommendations that we do not incorporate into the design. e. Citv Staff 95% Document Review Meeting When documents are approximately 95% complete, we will submit five sets to City comments during a review meeting, which will be attended by Krieger & Stewart's staff for review. Approximately two weeks thereafter, we will obtain City staffs principal in charge and project engineer, and our architect and landscape architect. f. Bid Phase Suuuort During the bidding periods for each pump station, we will attend the pre-bid tour, answer questions or provide clarifications of the contract documents, prepare addenda (if necessary), and evaluate bid proposals. 1-3 KRIEGER @ STEWART ,*CDS.O"lrD 1.3 Subconsultant Coordination Throughout all project phases, we will coordinate our efforts with those of our subconsultants to insure that the project meets the City's needs and requirements. We will confer with our subconsultants on a regular basis to monitor their progress and to identify and provide any data or material they require to perform their work. TASK 2 - PRELIMINARY DESIGN The preliminary design will provide the basis for final design of theproposed pump stations. We propose to organize our preliminary design services as follows: 2. 1. 3. 4. 5. 6. 7. 8. 9. Review City Furnished Materials and Documents Records Search and Review Design Survey Hydraulic Analyses and Pumping Unit Selection Surge Analyses Pump Station Preliminary Layouts Controls and Instrumentation Draft Preliminary Design Report Preparation Final Preliminary Design Report Preparation Each component is discussed in detail in the following paragraphs: 2.1 Review City Furnished Materials and Documents We will compile and review all materials and documents furnished by the City (see m, Task l.l.a), and will perform field inspections of existing City facilities in order to establish a clear and comprehensive understanding of existing and proposed recycled water system facilities and operational requirements. Our review will focus on the following issues: Establish a minimum pump station building size for each facility Establish a minimum site size for each facility Develop a preliminary system-wide control strategy In order to establish a minimum pump station building size for each facility, we will perform preliminary hydraulic analyses for initial and ultimate flow conditions to determine pumping unit sizes for horizontal centrifugal, split case, and vertical turbine type pumps. We will also perform preliminary engineering calculations to determine space requirements for major mechanical and electrical components (hydropneumatic tanks, future sodium hypochlorite chlorination systems, flow meters, pressure reducing valves and piping, electrical panels, etc.). In order to establish a minimum site size for each facility, we will review in detail the Siting Studies prepared for the Twin "D" and Bressi Pump Stations, and current grading plan(s) for the Calavera Hills Village project. We will also consult with City Maintenance & Operations staff to determine equipment and vehicle access requirements for each facility. We will prepare a preliminary site layout for the Calavera Pump Station. We will confirm the adequacy of the site sizes for the Twin "D" and Bressi Pump Stations, and if necessary (based on the above mentioned review), we will prepare alternative preliminary site layouts for each. These 1-4 KRIEGER & STEWART preliminary site layouts will be prepared prior to our proposed meetings with the Calavera Hills Village and Bressi Ranch developers. Based on our review of the Encina Basin Recycled Water Distribution System Study, existing recycled water system, and discussions with the design engineers for the Meadowlark WRF Expansion (Kennedy-Jenks) and CWRF Pump Station (Montgomery-Watson-Harza), we will prepare a preliminary recycled water system operation schematic diagram and review same with City staff. 2.2 Records Search and Review tract maps, parcel maps, monument ties, benchmark data, and utility information which pertains Our records search will consist of obtaining copies of all assessor's maps, records of survey, to the project. Utility information will include the City (sewer, water, storm drain, and traffic signals), other water or sewer agencies, San Diego Gas & Electric, petroleum companies, telephone companies, cable television companies, and other affected utilities. We will perform a detailed review of the record information provided by the City and other agencies, with a particular emphasis upon identifying potential construction constraints, including conflicts between the proposed facilities and existing utilities. 2.3 Design Survey base construction drawings. The design survey will consist of locating existing survey We will use aerial photogrammetry to prepare preliminary design drawings and final design monuments and providing aerial targets to provide one foot contours for mapping purposes. We will perform target identification using a systematic point numbering system. In addition, we will paint all water valves, water services, fire hydrants, utility vaults, utility markings, and other visible facilities to simplify photo identification of their locations. We will establish the elevation of each target using differential leveling procedures to ensure vertical closure, and will tie all vertical control to existing City benchmarks. We will also establish temporary monumentation at each site for use during final design and construction. Aero Tech Surveys, Inc. will provide all aerial photogrammetric services required to complete the design survey, develop digital topography, and to prepare the base construction drawings. The design survey will be based on the California Coordinate System - 1983, Zone VI (North American Datum of 1983). We will coordinate with the design engineers for the City's Recycled Water Pipelines, Calavera Hills Village, and Bressi Ranch projects to determine the survey control used for those projects and translate any survey or design data we receive from them to the California Coordinate System. Performance of the design survey for the Calavera and Bressi Pump Stations will be dependent Ranch projects. Since the schedule for this work is not fm, we have assumed (for the purposes on the completion of rough grading by contractors for the Calavera Hills Village and Bressi of establishing our fee estimate) that the design surveys for each pump station will be performed at different times. 1-5 21 KRIEGER @ ~TEWART ,*CD.n..A,rO 2.4 Hydraulic Analyses and Pumping Unit Selection We will review existing City hydraulic network analyses of the recycled water system. The pumping units will be sized for the proposed Phase I1 conditions, but we will also evaluate initial conditions (current recycled water demands), the startup sequence of Phase I1 facilities, and ultimate conditions. We will utilize the City's hydraulic network model and demands (Phase II and ultimate conditions) to perform any additional hydraulic network analyses required for pumping unit selection. Since the pump station for the 4.0 MGD Carlsbad Water Reclamation Facility (CWRF) is an integral part of the Phase Il system, our analyses will also include the CWRF Pump Station. We will consult with San Diego Gas & Electric (SDG&E) to identify probable rate schedules for the pump station electrical services (including the CWRF Pump Station) and we will evaluate time-of-use (TOW "off-peak" pumping control strategies. These "off-peak" pumping control strategies may impact the capacities of the proposed pumping units. We will evaluate the various pumping unit combinations necessary to implement TOU "off-peak" pumping, including the use of jockey pumps with a separate electrical service to supply demands during "on-peak" rate periods. For the pump stations with proposed hydropneumatic tanks (Calavera and Bressi) we will evaluate operational scenarios that will allow the tank sizes to be reduced or to be completely eliminated by using a bypass (recycle) valve and piping system that will allow continued pump operation during reduced system demand periods. The PDR will identify the selected pumping units for each pump station and provide the reasons for the selections. 2.5 Surge Analyses We will perform surge analyses for each pump station in the Phase I1 system, including the CWRF Pump Station. We have assumed that we will be able to use the City's H20Net model to provide the system data for the proposed surge analyses. Flow Science, Inc. will perform the pressure surge computer analyses at the four pump stations them with the necessary system data, including system operating conditions, for the surge and provide recommended surge protection measures for each pump station. We will provide analyses. Various operating scenarios will be analyzed to insure that the study results will simulate maximum surge conditions in the system. The PDR will provide the results of the surge analyses and any required surge mitigation equipment. 2.6 Pump Station Preliminary Layouts Based on the results of our meetings with the developers for the Calavera Hills Village and Bressi Ranch projects and City staffs confirmation of final site selection for each pump station, we propose to provide detailed site layouts and preliminary drawings with mechanical plans and sections for each pump station. Layouts will show the survey topography, preliminary finish 1-6 22 KRIEGER CY STEWART ,Ico..os.T*D grades, facility locations, easement and right-of-way including recommended additional permanent and construction easements for facilities. These preliminary drawings will be furnished to our architect and landscape architect subconsultants for their use in preparing conceptual plans and elevations. We will submit our preliminary drawings, including architectural concept drawings and renderings, to City staff for review. We will revise the preliminary drawings as necessary based on City staff review comments, and furnish City staff with copies of the revised drawings for presentation to the City's Planning Commission. 2.7 Controls and Instrumentation We will prepare a detailed control strategy for the City's recycled water system. We will submit a narrative of the proposed control strategy along with a system schematic diagram to City staff for review. Our control strategy will address initial (including consideration for the sequence of Phase I1 projects) and final Phase I1 operation. We will also itemize the required instrumentation and control components necessary to implement the control strategy. We will consult with City staff to determine manufacturer preference for the required equipment. 2.8 Draft Preliminary Design Report Preparation After completion of the various evaluations and analyses, a draft Preliminaty Design Report will be prepared. We envision said report to consist of the following sections: a. Introduction b. Review Materials and Documents The review materials and documents section will summarize the materials and documents furnished by the City or obtained from others, and utilized in the preparation of the preliminary design. C. Design Criteria and Pumo Selection For each pump station, the design criteria section will describe the parameters used in sizing the pump station equipment, piping, and appurtenances, and will incorporate hydraulic calculations, system curves, pump selection data, hydropneumatic tank Pump Station will be provided by Montgomery-Watson-Haza. evaluation and sizing, and surge analysis results. The design criteria for the CWRF Our evaluation of hydropneumatic tanks at the Calavera and Bressi Pump Stations will include analysis of equipment and control options for eliminating the tanks. d. Pum~ Station Lavout The layout section will present each pump station with a short narrative description, site plan, preliminary landscape plan, preliminary mechanical/electrical drawings for the building and hydropneumatic tank (if applicable), preliminary architectural plans and elevations, necessary right-of-way and easements, and list of selected equipment, including pumping units, electrical switchgear, controls, instrumentation, and telemetry. 1-7 23 KRIEGER @ ~TEWART ,*i...D..lcD e. Controls and Instrumentation We will present the recommended control strategy for the proposed facilities, including the CWRF Pump Station and Meadowlark Pump Station, in both narrative and diagram form. We will also identify the required recycled water system telemetry equipment for incorporation into the City's existing telemeby system (SCADA). f. Environmental Issues The environmental issues section will summarize City staffs fmdings regarding the environmental issues related to the pump stations, including any mitigation measures. g. Cost Estimates The cost estimates section will present a detailed discussion of components included in the cost estimates, basis of costs, unit construction cost data, and summary of cost estimates. We propose to consult with contractors familiar with this type of work and the project area. h. Conclusions and Recommendations The conclusions and recommendations section will summarize the capital and operating costs and other pertinent information (e.g. ease of operation andor maintenance) for particular emphasis on the basis for recommendation. each project component. Recommended project will be described in detail, with 2.9 Final Report Preparation Based on comments obtained from City staff regarding the draft Preliminary Design Report, we will prepare the final Preliminary Design Report and submit five copies to City staff. TASK 3 - FINAL DESIGN Based on the approved PDR, our project team will begin final design and preparation of contract documents (construction drawings and specifications). We propose to organize our final design services as follows: 1. 2. 3. 4. 5. 6. 7. 8. Base Construction Drawings Geotechnical Investigation 65% Contract Document Preparation Utility Verification Permits and Property Acquisition 95% Contract Document Preparation Final Contract Document Preparation Final Construction Cost Estimate 1-8 KRIEGER @f STEWART ,ICD..DS.T.D Each component is discussed in detail in the following paragraphs: 3.1 Base Constrnction Drawings Aero Tech surveys will provide Krieger & Stewart with aerial topographic data in digital AutoCAD version 2000 format. We propose to use this topography for the recycled water connection piping (plan and profile) and the site grading plan for the project facilities. We will prepare the base construction drawings on 24" x 36" mylar sheets with standard City title block. The plan and profile sheets for the recycled water connection pipelines will be prepared at a horizontal scale of I" = 40' and a vertical scale of 1" = 4'. We will add the existing improvements, easements, property lines, assessor parcel numbers, public and private rights-of-way, and survey data in order to complete the base construction drawings. After we complete the base construction drawings, our project engineer will field review each pump station site and connection piping alignments to ensure that all existing conditions are correctly represented. 3.2 Geotechnical Investigation The geotechnical investigation will be performed by Vinje & Middleton Engineering, Inc. We will provide Vinje & Middleton with facility descriptions and locations, along with anticipated foundation depths at each pump station site. The geotechnical investigation will include soil classifications, engineering properties of soils including corrosivity, settlement rates, fault locations, potential and probable seismic accelerations, over-excavation requirements, excavation slope stability, backfill compaction requirements, and pipe bedding recommendations. Recommendations for structure foundation design, underground piping construction, and pavement design will be included in the geotechnical report. 3.3 65% Contract Document Preparation We will proceed with preparation of the contract documents in phases to allow intermediate review by City staff. Design will incorporate final PDR recommendations and SWRCB VE recommendations (see SWRCB SRF Value Engineering Workshop and Study Response, Task 4). When approximately 65% complete, we will submit five sets of documents to City staff for review and approval. The contract documents will include both the specifications and the construction drawings. The specifications will be prepared in CSI format and will include the notice inviting bids, bid sheets, contract, City contract provisions, SWRCB SFG bidding documents and contract requirements, special provisions, technical specifications for all equipment, specifications for basic construction materials (e.g. concrete, steel, piping, painting, and electrical), and standard drawings. The contract will include a requirement that the contractor provide the City with a one-year warranty regarding materials and workmanship. Clear and concise technical specifications are critical to ensuring that the City receives facilities, which will provide a high degree of reliability and durability. The special construction provisions will address construction constraints and anticipated difficulties, including: delivery of equipment, storage of materials, noise and dust control, and daily cleanup. A detailed sequence of work will be provided in the special construction provisions to ensure that 1-9 a5 KRIEGER &f STEWART ,IcD..os.TT~ construction activities will be performed in an expeditious and orderly manner with minimal impact on the City's existing operations and adjacent property owners. The construction drawings will be prepared using the City-approved construction drawing orientation and layout. Drawings will be provided for grading, landscape and irrigation, site piping, and architectural, structural, mechanical, and electrical work. Drawings, including data layering, will conform to the City's Standards for the Digital Submittal of Maps and Plans. 3.4 Utility Verification Based on our recommendation of utilities to be excavated and exposed and on the City's comments, we will request that Underground Service Alert (USA), as well as all utilities not a member of USA, to locate and mark facilities along the proposed piping alignments at areas to be potholed, including connection points with existing pipelines. We will arrange and conduct a field meeting with all affected utilities, review the utilities to be located and marked, and obtain required encroachment permits. We do not anticipate preparing traffic control plans for utility potholes. One of our surveyors will mark the utility exposure locations. We will arrange with Trautwein Construction to excavate and expose utilities and we will determine the dimensions and purposes of establishing our fee estimate, we have assumed there will be a total of six (6) utility horizontal and vertical locations of each facility as they are excavated and exposed. For the potholes required (3 each for Twin "D" and Bressi Pump Stations, and none for the Calavera Pump Station). After the utilities have been potholed and field measurements have been compiled, the construction drawings will be revised as necessary. 3.5 Permits and Property Acquisition As soon as the preliminary construction drawings for the connection piping segments located within the City streets are approved by City staff, we will submit them to the City's Public Works - Streets Department for review and comments. We will obtain the City's Public Works - Streets Department approval of the piping alignments, backfill requirements, compaction requirements, working hours, and pavement replacement (base and overlay) requirements. We will also prepare plats and legal descriptions for the Bressi and Calavera Pump Station sites and any required access easements for the City's use in acquiring the properhes and necessary right-of-way. 3.6 95% Contract Document Preparation Based on City staff comments from the 65% document review meeting (see Citv Staff 65% Document Review Meetinc, Task 1.2.c), we will proceed with 95% contract document preparation. 1-10 KRIEGER & STEWART ,WCD.SOS^TEO 3.7 Final Contract Document Preparation Based on City staff comments from the 95% contract document review meeting (see Citv Staff 95% Document Review Meetinq, Task 1.2.e), we will revise the contract documents as required and submit signed and stamped originals of same to City staff for final approval and signatures. We will also provide electronic (digital) files of the contract documents (drawings and specifications). Copies of the final drawings will also be transmitted to the City's Public Works - Streets Department so that the necessary City encroachment permits can be issued. 3.8 Final Construction Cost Estimate Following preparation of the final contract documents, we will confer with materials suppliers and contractors with experience in the construction of pump stations in order to prepare a detailed engineer's cost estimate for each of the pump stations. TASK 4 - VALUE ENGINEERING 4.1 SWRCB SRF Value Engineering Workshop We understand that a portion of the City's financing for Phase I1 of the Encina Basin Water Reclamation Program will be obtained from the SWRCB SRF Loan Program. Since the SRF loan amount for the overall project will exceed $10 million, the City must conduct a Value Engineering (VE) Study. We will participate in a VE workshop for the pump stations at the 30% design stage, which we have assumed will take two meetings. We have also assumed that the City will pay for the services of the VE team. 4.2 SWRCB SRF Value Engineering Study Response We will review the VE Study provided by the VE team and incorporate the recommendations in the project design. If we disagree with any of the VE recommendations, we will present our basis for disagreement to City staff. If City staff concurs with our opinion, we will prepare a written response that details the reasons for rejecting the VE recommendation. TASK 5 - SPECIAL SERVICES During the preliminary and final design phases of the project additional evaluations andor investigations may be required. These special services will be authorized by City staff on a case by case basis by written Task Order. 1-11 27 KRIEGER &f ~TEWART ,*CD..OS.TED SECTION II FEE ESTIMATE Our estimated fees for providing the services described in our proposal are indicated on Table 1. As shown therein, we will provide all of the services included in our Scope of Services for an estimated fee not to exceed $525,000 for preliminary and final design engineering services. A copy of our 2001/2002 Fee Fee Schedule, we will bill for reimbursable expenses at cost (aside from vehicle mileage, which will be Schedule is also attached, and our fee estimate is based on the rates specified therein. As specified on our billed at $0.40 per mile). II-1 FEE SCHEDULE zool/zooz CLASSIFICATION Engineering Services Consulting Engineer Principal Engineer Senior Engineer Associate Engineer Staff Engineer I Staff Engineer I11 Staff Engineer I1 Staff Technician Environmental Services Senior Specialist Associate Specialist Staff Specialist I Staff Specialist I1 Staff Specialist I11 Staff Technician Forensic Services Senior Expert Witness Testimony Investigation Testimony Investigation Associate Expert Witness Computer Aided Design Services Senior Operator I Senior Operator I1 Senior Operator I11 Staff Operator I Staff operator I1 Staff Operator III Surveying Services Principal Surveyor Associate Surveyor Senior Surveyor Staff Surveyor I1 Staff Surveyor I Staff Surveyor I11 Staff Technician 3 Man Crew with Survey Truck (including mileage) and Standard Equipment 2 Man Crew with Robotic Equipment 2 Man Crew with Survey Truck (including mileage) and Global Positioning System Equipment 2 Man Crew with Survey Truck (including mileage) and Standard Equipment or 1 Man Crew with Robotic Equipment Page 1 of Z RATES SBr. 156.00 130.00 115.00 103.00 92.00 69.00 80.00 57.00 115.00 103.00 92.00 69.00 80.00 57.00 250.00 175.00 200.00 150.00 83.00 78.00 73.00 69.00 65.00 60.00 130.00 115.00 103.00 92.00 80.00 69.00 57.00 225.00 225.00 185.00 KRIEGER & STEWART ,*FO".O"IT.D FEE SCHEDULE 2001/2002 (continued) CLASSIFICATION Construction Services Resident Engineer Construction Inspector Regular Time Overtime Weekdays (8 hours to 12 hours) Weekdays (More than 12 hours) Saturday (12 hours or less) Saturday (More than 12 hours) Sunday Holidays (New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and the Day After, Christmas Day) Support Services Senior Secretary Staff Secretary I Staff Secretary II Utility Technician Utility Clerk Outside Services Special Consultants and Purchased Services Reimbursable Expenses Vehicle Mileage (excluding survey trucks) Air Fare, Ground Fare, Parking, and Subsistence Copies, F'rints, Telephone, Delivery, and Sundry Charges RATES $mr. 92.00 75.00 100.00 85.00 100.00 85.00 100.00 130.00 55.00 49.00 44.00 41.00 38.00 cost + 10% 0.40iMile cost cost The above rates are subject to change on or about July 1 each year due to salary and cost increases, except for Construction Inspector, for which rates are subject to change when California Department of Industrial Relations issues new prevailing wage determinations. TERMS OF PAYMENT: Unless charge accommodations have been established beforehand, all accounts shall be prepaid. For accounts having charge accommodations, 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 I 1/2% per month (18% annual percentage rate), with a minimum charge of $1.00. 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 & Stewart to instigate legal proceedings for the collection of any balance due, the action shall be brought and tried in the Judicial Districts wherein Krieger & Stewart offices are located. Client agrees that the court may award reasonable attorney's fees and costs of suit to the prevailing party. Page 2 of 2 32- OZOl