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HomeMy WebLinkAboutContracts & Agreements_11-1997_CCv0001.pdf AGREEMENT TO FURNISH ENGINEERING SERVICES FOR MENTONE AVENUE GROUNDWATER RECHARGE BASINS This Agreement is made and entered into this 4th day of February, 1997 by and between the City of Redlands, a municipal corporation (hereinafter "City") and Krieger & Stewart, Incorporated, (hereinafter"Engineer"). In consideration of the mutual promises, covenants and conditions hereinafter set forth, City and Engineer hereby agree as follows: ARTICLE...L-,ENGAGEMENT OF ENGINEER 1.1 City hereby engages Engineer, and Engineer hereby accepts the engagement, to perform professional engineering services ("Services") for the Mentone Avenue Groundwater Recharge Basins (the "Project"). 1.2 The Services shall be performed by Engineer in a professional manner, and Engineer represents that it has the skill and the professional expertise necessary to provide high quality Services for the Project at the level of competency presently maintained by other practicing professional Engineers in the industry providing similar types of services. ARTLCLE-2-- SERVLCES-OF-ENGINEER 2.1 The specific Services which Engineer shall perform are more particularly described in Attachment "A," entitled "Scope of Services," which is attached hereto and incorporated herein by this reference. ARTICLE 3, - RESPONSIBILITIES,OF CITY 3.1 City shall make available to Engineer information in its possession that is pertinent to the performance of Engineer's Services. 3.2 City will provide access to and make provisions for Engineer to enter upon City-owned property as required by Engineer to perform the Services. 3.3 City designates Mike Call, Project Manager to act as its representative with respect to the Services to be performed under this Agreement. MENTONE ANENUE GROUNDWATER RECHARGE BASINS Krieger& Stewart, Inc. February 4, 1997 ARTICLE -PER100-OF-SERV110E 4.1 Engineer shall perform the Services in a diligent manner and in accordance with the schedule set forth in Attachment B. ARTLCLE-5---PAYMENTS-TO-THE ENGINEER 5.1 The total compensation for Engineer's performance of the Services shall not exceed $60,700 in accordance with Attachment C - Fee Proposal. City shall pay Engineer on a time and materials basis at the hourly rates shown in Attachment D - Rate Schedule. 5.2 Engineer shall bill City within ten days following the close of each month by submitting an invoice indicating the Services performed, who performed the Services, indirect costs, and the detailed cost of all Services including backup documentation. Payments by City to Engineer shall be made within 30 days after receipt and approval of Engineer's invoice, by warrant payable to Engineer. 5.3 All contractual notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills and payments sent by mail shall be addressed as follows: City_ Engineer Mike Call Mark E. Messersmith Municipal Utilities Department Krieger & Stewart, Incorporated 35 Cajon Street 3602 University Avenue P.O. Box 3005 Riverside CA 92501-3380 Redlands CA 92373 When so addressed, such notices shall be deemed given upon deposit in the United States Mail. In all other instances, notices, bill and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills, and payments are to be given by giving notice pursuant to this paragraph. ARTLCLE-6---INSIJRANCEANDANDEMN-IFICATION 6.1 Engineer shall maintain worker's compensation insurance and, in addition, shall maintain insurance to protect City from claims for damage due to bodily injury,personal injury and 2 MENTONE AVENUE GROUNDWATER RECHARGE BASINS Krieger& Stewart, Inc. February 4, 1997 4 i death, and claims for injury to or destruction. of tangible property while performing the Services required by this Agreement. Said public liability and property damage insurance shall be in a minimum combined single limit of$1,000,000, and in the aggregate. Engineer shall maintain comprehensive automobile liability insurance with a combined single limit of$1,000,000 for bodily injury and property damage. Engineer shall maintain professional liability insurance in the aggregate amount of$1,000,000 with a minimum of$500,000 per occurrence. City shall be named as an additional insured under all policies for public liability, property damage and comprehensive automobile liability insurance, and such insurance shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by the City. Engineer shall provide City with certificates of insurance evidencing such insurance coverage prior to commencing the Services. 6.2 Engineer shall indemnify, hold harmless and defend City and its elected officials, officers, agents and employees from and against all claims, loss, damage, charges or expense, to which it or any of them may be put or subjected to the extent that they arise out of or result from any willful or negligent act or actions, omission or failure to act on the part of the Engineer, its contractors, its suppliers, anyone directly or indirectly employed by any of them or anyone for whose acts or omissions any of them maybe liable in the performance of the Services required by this Agreement. ARTICLE_7-GENERAIdOONSMERATIONS 7.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees. 7.2 Engineer shall not assign any of the Services required by this Agreement, except with the prior written approval of City and in strict compliance with the terms, provisions and conditions of this Agreement. 7.3 Engineer's key personnel for the Project are: Principal in Charge: Mark E. Messersmith Project Engineer: Vincent G. Kleppe Engineer agrees that the key personnel shall be made available and assigned to the Project, and that they shall not be replaced without concurrence from City. 3 MENTONE ANENUE GROUNDWATER RECHARGE BASINS Krieger& Stewart,Inc. February 4, 1997 7.4 All documents, records, drawings, designs, costs estimates, electronic data files and databases and other Project documents developed by the Engineer pursuant to this Agreement shall become the property of City and shall be delivered to City upon completion of the Services or upon the request of City after payment in full all monies due the engineer. Any reuse of such documents for other projects and any use of incomplete documents will be at City's sole risk. 7.5 Engineer is for all purposes an independent contractor. All personnel employed by Engineer are for its account only, and in no event shall Engineer or any personnel retained by it be deemed to have been employed by City or engaged by City for the account of or on behalf of City. 7.6 Unless earlier terminated, as provided for below, this Agreement shall terminate upon completion and acceptance by City of the Services. 7.7 This Agreement may be terminated by either party, without cause, by providing thirty (30) days prior written notice to the other (delivered by certified mail, return receipt requested) of intent to terminate. 7.8 If this Agreement is terminated by City, an adjustment to Engineer's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed services, and (2) any payment due Engineer at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Engineer. 7.9 Upon receipt of a termination notice, Engineer shall (1) promptly discontinue all services affected, and (2) deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable), of any data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Engineer in performing the Services required by this Agreement. 7.10 Engineer shall maintain books and accounts of all Project related payroll costs and all expenses. Such books shall be available at all reasonable times for examination by the City at the office of Engineer. 4 MENTONE AVENUE GROUNDWATER RECHARGE BASINS Krieger& Stewart, Inc. February 4, 1997 7.11 This Agreement, including the attachments incorporated herein by reference, represents the entire agreement and understanding between the parties and any prior negotiations, proposals or oral agreements are superseded by this Agreement. Any amendment to this Agreement shall be in writing, approved by the City Council of City and signed by City and Engineer. 7.12 This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, duly authorized representatives of the City and Engineer have signed in confirmation of this Agreement. City of Redlands Krieger & Stewart, Incorporated ("City") ("Engine ") � --- By. SWEN LARSON OBERT A. dKRIEG R Mayor President By: '0"A cr` MARK E. MESSERSMITH Vice President / Secretary Principal-in-Charge ATTEST: it Jerk, Lei ediands 5 KQ1 E G E Q � (ST E WA Q-T ENGINEERING SERVICES AGREEMENT MENTONE AVENUE GROUNDWATER RECHARGE BASINS ATTACHMENT A SCOPE OF SERVICES We propose to organize our services into the following components: A. Initial Meeting with City Staff B. Records Search C. Preliminary Design Submittal D. Review Meeting with City Staff E. Design Survey(Horizontal and Vertical Control) F. Base Construction Drawings G. Preliminary Design(406/0) H. Review Meeting(400/6)with City Staff I. Submit Preliminary Drawings to Public Agencies J. Easement Documents K. Construction Drawings and Specifications (751/o) L Review Meeting(75610)with City Staff M. Construction Drawings and Specifications(951/6) N. Review Meeting(95010)with City staff O. Final Construction Drawings and Specifications Each of the components are discussed in the following paragraphs: A. Initial Meeting with City Staff The project, including design criteria, will be discussed with City staff before Krieger & Stewart begins providing services. A detailed project schedule and contract document format will also be presented for City staff comments and/or approval. We will request that the City furnish us with applicable materials at this meeting, particularly City facility drawings and a preliminary title report for the City's property. B. Records Search The records search will consist of obtaining copies of all assessor's maps, records of survey, tract maps, parcel maps, monument ties, benchmark data, and utility information which pertain to the project. Utility information will include atlas sheets from Southern California Gas Company, Southern California Edison Company, General Telephone, cable television companies,and other affected utilities, Kvmc,m Or (ST-EWAPT C. Preliminary Design Submittal We will prepare the preliminary design submittal prior to beginning any design surveying. The submittal will consist of sketches and a letter report, and will address alternative pipeline alignments and size, gravity flow versus pressurized flow, alternative Zanja diversion structure and pump station locations, pumping unit requirements for various flow rates, variable speed versus constant speed pumps and local controls for same, utilities, right-of-way requirements, pond size and configuration, cost estimates, and recommended project. Data for pipeline alignments and gravity=flow versus pressurized flow will be based on topographic maps prepared by the San Bernardino County Flood Control District (1"=200'). D. Review Meeting with City Staff We will arrange a review meeting with City staff to review the preliminary design submittal. The purpose of the meeting will be to review and obtain City comments/or approval regarding the pipeline alignment, gravity flow versus pressurized flow, pipeline diameter, Zarja diversion structure and pump station locations, pumping unit requirements, pond configuration, and right-of-way requirements. E. Design Survey(Horizontal and Vertical Control) We propose to use aerial photogrammetry for the project. The design survey will consist of r0i locating existing survey monuments along the pipeline alignment, locating property comers for the City's property, and setting aerial targets at said monuments. If property comers do not exist, then we will set the aerial targets at the approximate property comers. We have assumed the City will provide a legal description for the site. Each target will be elevated and the vertical control will be tied to existing benchmarks to ensure vertical closure. In addition,all water valves, utility vaults, and other visible facilities will be painted for ease in photo identi4ing same. We assume the City will locate and paint all existing City facilities prior to our beginning the design survey. If coordinated monuments are available near the alignment, we will tie our survey to said coordinates to ensure horizontal closure. If coordinated monuments are not available, we will either complete a traverse or, if sufficient record distances are available, compare our measured distances to record distances,again to ensure reasonable horizontal closure, F. Base Construction Drawings Aero Tech Surveys will provide Krieger & Stewart with aerial topographic data for the project site in a digital AutoCAD Version 13 format. The base construction drauings for both the pond site and pipeline alignment will be prepared on 24" x 36" mylar sheets with standard City title block at a horizontal scale of I" equals 40'with F contours. 111-2 c, v- (ST E NXIA QT Required signature blocks, existing improvements (including pavement limits, curb, gutter, sidewalks, fences, landscaping, storm drains, mail boxes, and utilities), property lines, public and private nights-of-way, street centerlines, and survey data will be added to complete the base construction drawing. After the base construction drawings are completed, the project engineer will field review the project site to ensure that existing conditions are correctly represented. When the base construction drawings are complete, a Krieger & Stewart design review committee will review project components and conditions, and provide comments regarding design criteria and critical design factors. Said committee will be composed of registered engineers who have expertise pertinent to project details. G. Preliminary Design(40%) After completion of the base construction drawings, we will prepare the preliminary design consisting of a preliminary grading plan for the percolation ponds, preliminary pipeline alignment, and a preliminary pump station configuration(if a pump station is required). The preliminary grading plan will include dimensions and elevations for each of the proposed percolation ponds and berms, a typical section of the entire site, and preliminary earthwork calculations. Based upon existing right-of-way, proposed easements, existing utilities, and existing improvements the preliminary pipeline alignment will be determined. The preliminary configuration for the pump station (if required) will include property lines, pump station location, electrical equipment location, fence and gate locations, site piping, and details for the Zanja connection. Preliminary design will also include the pumping unit selection. H. Review Meeting(40%)with City Staff We will arrange a review meeting with City staff to review the preliminary design. Prior to the meeting, we will provide City staff with copies of preliminary construction drawings showing the preliminary grading plan, preliminary pipeline alignment, and preliminary pump station configuration, The purpose of this meeting will be to review and obtain comments and/or approval regarding the preliminary design. 1. Submit Preliminary Drawings to Public Agencies A permit will be required from the County of San Bernardino Department of Transportation and Flood Control for work to be performed in Mentone Avenue and a permit may be required from Caltrans due to the proximity of the project to Mill Creek Road. As soon as the preliminary construction drawings are approved by City staff, we will submit days to the County and Caltrans for review and comments. 111-3 KQIEGEV- (,W (STEWAQT In addition, if a pump station is required, we will submit preliminary construction drawings and proposed motor starting characteristics to SCE for approval of the type, size, and location of the electrical service. I Easement Documents We will prepare draft easement documents (legal descriptions and plats) for the pipeline alignment and pump station based on litigation guarantees furnished by the City. The draft easement documents will be submitted for City staffs review and comments. Once we receive the City's comments on the draft easement documents, we will finalize the easement documents and submit them to City staff for right-of-way acquisition. For our proposal, we have assumed two (2) easement documents will be required for the pipeline and one (1) easement document(or grant deed)will be required for the pump station. K. Construction Drawings and Specifications (75%) We anticipate that the construction drawings will consist of eight sheets as follows: I Cover Sheet The cover sheet will include project title, vicinity map, location map, signatures, and an 'index to sheets. 2. Construction Note Sheet The construction note sheet will address permits, site preparation (including clearing and grubbing), excavation requirements, embankment requirements (including compaction requirements for berms), pipe 'installation and backfill requirements, pipeline and pumping unit testing requirements, electrical equipment requirements,and final paving requirements. 3. Site Gradiny,Plan The site grading plan will consist of one sheet. The site grading plan will show all existing improvements and utilities(all based on survey data, record maps,and field reviews), adjacent street centerline control, topographic data, dimensions and elevations for the bottom of each of the ponds, dimensions and elevations for each of the berms, slopes for each of the berms, spillway between ponds, supply pipeline, site access, site fencing, and landscaping. It is our understanding that landscaping will consist of perimeter landscaping with drip irrigation and hydroseeding of berms. For our proposal, we have assumed City forces will provide landscaping and drip irrigation work and the construction drawings will indicate locations for the hydroseeding(specifications will indicate seed mix and application of same). 111-4 KpiEcEQ � (STEWAO-T 4- Site Detail Sheet The site detail sheet will consist of one sheet and will 'include the discharge outlet and splash pad, spillway details, and section view of the percolation ponds. 5. Pipeline Plan Sheet The pipeline plan sheet will consist of one sheet. The pipeline plan will show all existing improvements and utilities (all based on survey data,record maps, and field reviews), street centerline control, property lines (where dedicated public right-of- way does not exist), temporary and permanent construction easements, topographic data, proposed pipeline location, pipeline appurtenances (air valves, control valves, and blowoffs). If the pumping station is not required, then the construction drawings for the pipeline will consist of two plan and profile sheets. The profile portion of the drawings will show existing and proposed ground surface elevations over the centerline of the proposed pipeline, pipeline flowline elevations, pipeline slopes, utility crossings, and pipeline appurtenances. 6. Pumping Station Sheets The pumping station drawings will consist of three sheets. The pump station sheets will include a site plan, (showing property lines and proposed fence locations), Zanja diversion details, , and pump station details (structural, mechanical,electrical and civil construction details). For our proposal, we have assumed the pumping units will be outdoors without an enclosure, telemetry will not be required, and electrical components will *include a transformer, meter section, switchgear, and controls. The pumping unit performance characteristics will be specified based on our hydraulic analysis, I The construction specifications will be prepared using the City's standard fort-nat. We will prepare bid sheets,special conditions, special provisions, and provide any required technical specifications. L. Review Meeting(75%)With City Staff Upon completion of the construction drawings and specifications, we will arrange a meeting with City staff to review and obtain approval and/or comments regarding same. One week prior to said meeting, we will submit copies of the construction drawings, and specifications, and a preliminary engineer's estimate for City review. At this meeting we envision reviewing in detail with City staff all construction drawings, construction notes, and specifications. 111-5 1\- t : Q 0-- EVIG M. Construction Drawings and Specifications(95% Based on City staff comments from the 75%design review inecting, the 95%construction drawings and specifications will be prepared and a detailed. engineer's estimate will be prepared, N. Review Meeting(95%)With City Staff Upon completion of the construction drawings and specifications,we vviU arrange a meeting with City staff to review and obtain approval and/or comments regard' week prior to said meeting, we will submit copies of the construction drawings, specifications, and engineers estimate for City review, At this;meeting we envision deal in detail all City staff comments. 0. Fund Construction Drawings and Specifications Based on City staff comments from the 5% design review meeting,the final construction drawings and specifications will be completed, {ince the final construction drawings, , specificabons, and engineer's estimate are completed, We will furnish the City with the original (wet signed and stamped) construction'drawing mylars, a computer disk copy of same,and a 'master set of specifications, I. Compliance with Strum Water Pollution Control Requirements Sim the project involves less than five acres of ground surface disturbance,it is not subject to the requirements of the State General NPDES permit No. CAS000002 for Storm Water Discharges Associated With Construction:Activity(Permit), fii-6 ENGINEERING SERVICES AGREEMENT MENTONE AVENUE GROUNDWATER RECHARGE BASINS ATTACHMENT B PROJECT SCHEDULE WEEK 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 WEEK ENDING 3/1/97 3/8 3/15 3/22 3/29 4/5 4/12 4/19 4/26 5/3 5/10 5/17 5Y24 5/31 6!7 6/14 6121 6/28 7/5 7/12 SERVICE COMPONENTS A, INITIAL MEETING WITH CITY STAFF B. RECORDS SEARCH C. PRELIMINARY DESIGN SUBMITTAL D, REVIEW MEETING WITH CITY STAFF E. DESIGN SURVEY F. BASE CONSTRUCTION DRAWINGS G. PRELIMINARY DESIGN(40%) H. REVIEW MEETING(40%)WITH CITY STAFF L SUBMIT PRELIMINARY DRAWINGS TO PUBLIC AGENCIES J. EASEMENT DOCUMENTS K. CONSTRUCTION DRAWINGS AND SPECS(75%) L REVIEW MEETING(75%)WITH CITY STAFF M. CONSTRUCTION DRAWINGS AND SPECS(95%) N. REVIEW MEETING(95%)WITH CITY STAFF O FINAL CONSTRUCTION DRAWINGS AND SPECS VGKAKF 48P18T8L.XLSIStwW 3 WSW ENGINEERING SERVICES AGREEMENT MENTONE AVENUE GROUNDWATER RECHARGE BASINS ATTACHMENT C PROJECT FEE PRINCIPAL PROJECT CAM SURVEY OUTSIDE IN CHARGE(1) ENGINEER(2) SERVICES(3) CLERICAL(4) PARTY(6) SERVICES COMPONENT HOURS $ HOURS t HOURS S HOURS HOURS TOTAL X INITIAL MEETING WITH CITY STAFF 2 220 2 156 376 B. RECORDS SEARCH 20 1,560 1,560 C. PRELIMINARY DESIGN SUBMITTAL 12 1,320 30 2,340 6 414 12 480 4,554 D. REVIEW MEETING WITH CITY STAFF 2 220 2 156 - 376 E. DESIGN SURVEY(HORIZONTAL AND VERTICAL CONTROL) 20 1,560 12 1,896 3,456 F. BASE CONSTRUCTION DRAWINGS 24 1,872 72 4,968 3,000 9,840 G. PRELIMINARY DESIGN(40%) 24 2,640 72 5,616 24 1,656 9,912 H. REVIEW MEETING(40%)WITH CITY STAFF 2 220 2 156 376 1. SUBMIT PRELIMINARY DRAWINGS TO PUBLIC AGENCIES 4 312 12 828 6 240 1,380 J. EASEMENT DOCUMENTS(7) 12 1,320 24 1,872 12 828 12 480 4,500 K. CONSTRUCTION DRAWINGS AND SPECS(75%) 24 2,640 80 6,240 50 3,450 24 960 13,290 L. REVIEW MEETING(75%)WITH CITY STAFF 2 220 2 156 376 M. CONSTRUCTION DRAWINGS AND SPECS(95%) 12 1,320 20 1,560 20 1,380 12 480 4,740 N. REVIEW MEETING(95%)WITH CITY STAFF 2 220 2 156 376 O. FINAL CONSTRUCTION DRAWINGS AND SPECS 6 660 12 936 12 828 8 320 2,744 TOTAL: 100 $ 11,000 316 $ 24,648 208 $ 14,352 74 2,960 12 1,896 3,000 57,856 REIMBURSABLES @ 5%: 2,893 (1) PRINCIPAL ENGINEER $110 /HR (2) PROJECT ENGINEER @ $78 /HR TOTAL: 60,749 (3) CHIEF OPERATOR Q $% /HR (4) SENIOR SECRETARY @ $40 /HR TOTAL ROUNDED: S 60,700 (5) SURVEY PARTY @ $158 tHR (6) AERO TECH SURVEYS (7) ASSUMING 3 EASEMENT DOCUMENTS REQUIRED VGKJkf C000/48P18TBL.XLS/Sheet 1 2/19197 T ENV T ENGINEERING SERVICES AGREEMENT MENTONE AVENUE GROUNDWATER RECHARGE BASINS ATTACHMENT D FEESCHEDULE 96/97 RATES CLASSIFICATION $/Hr. Forensic Services(4 hr. minimum) Senior Expert Witness Testimony 200,00 Investigation 155.00 Associate Expert Witness Testimony 155.00 Investigation 130.00 Engineering Services Consulting Engineer 130.00 Principal Engineer 110.00 Senior Engineer 99.00 Associate Engineer 89.00 Staff Engineer 1 78.00 Staff Engineer 11 67.00 Staff Engineer 111 57.00 Surveying Services Principal Surveyor 110.00 Senior Surveyor 99.00 Associate Surveyor 89.00 Staff Surveyor 1 78.00 Staff Surveyor 11 67.00 Staff Surveyor 111 57.00 3 Man Crew with Survey Truck(including mileage)and Standard Equipment or I — 2 Man Crew with Robotic Equipment 198.00 2 Man Crew with Survey Truck(including mileage)and Standard Equipment or I Man Crew with Robotic Equipment 160.00 Geologic Services Principal Geologist 110.00 Senior Geologist 99.00 Associate Geologist 89,00 Staff Geologist 1 78,00 Staff Geologist 11 67.00 Staff Geologist 111 57,00 En-firomnental Services Senior Specialist 89.00 Associate Specialist 78,00 Staff Specialist 1 67.00 Staff Specialist 11 57.00 Staff Specialist 111 47.00 Page I of 2 r c,E T E NVA-QT Automated Design Services Operations Supervisor 71,00 Chief Operator 69.00 Senior Operator 64.00 Staff Operator 1 WOO Staff Operator 11 56.00 Staff Operator 111 52,00 Construction Services Resident Engineer 77.00 Senior Inspector 54.00 Staff Inspector 1 50.00 Staff Inspector 11 46.00 Staff Inspector 111 42.00 Support and Technical Services Senior Secretary 40.00 Staff Secretary 1 38.00 Staff Secretary 11 36.00 Staff Technician 47.00 Utility Technician 36.00 Utility Clerk 30.00 Outside Services Special Consultants and Purchased Services cost+ 15% Reimbursable Expenses Vehicle Mileage(excluding survey trucks) 0.40/Mile Air Fare,Ground Fare, Parking,and Subsistence Cost Copies,Prints,Telephone,Delivery,and Sundry Charges Cost The above rates are subject to change on or about July I each year due to salary and cost increases. TERMS�0MENT: NOT"PLICABLE--Ao- 1 tSly Unless charge accommodation have_been established beforehand ccounts shall be prepaid. For accounts having charge accommodations, -- nt in full s made within 25 days of date of invoice' Any amount unpaid within said 25 days will be-as a service charge of 1 1/2%per month(19%annual percentage rate),with a minimum c x,00, Acccoun ilka past due balncc of 25 or more days are subject, without notice, to I discontinuance and mechanic's`Iien-or stop notice. If it becomes necessary for Krie e teNvart to instigate legal proceedings for the colleci0 r balance due, the action s rou lit and tried in the Judicial Districts wherein Krieger & Stewart o e located. HC i agrees that the court may award reasonable attorney's fees and costs of suit to the prevailing pa , I C5540,197-FEES 9607 Page 2 of 2