HomeMy WebLinkAbout1983-02-15; City Council; Resolution 7143I.
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RESOLUTION NO. 7143
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSB
CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF
CARLSBAD AND KERCHEVAL AND ASSOCIATES, INC. FOR THE
PREPARATION OF PLANS AND SPECIFICATIONS FOR THE DESIGN
OF POINSETTIA BRIDGE
The City Council of the City of Carlsbad, California, does hereby resolve
3s follows:
1. That certain agreement between the City of Carlsbad and Kercheval and
Issociates, Inc. for preparation of Plans and Specifications for the design for
:he Poinsettia Bridge and roadway widening, a copy of which is attached hereto
md incorporated herein by reference, is hereby approved.
2. The Mayor of the City of Carlsbad is hereby authorized and directed to
Sxecute said agreement for and on behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the
Jity of Carlsbad held the 15th day of Fa- , 1983, by the following
rote, to wit:
AYES: Council &mbers Casler,
NOES : None
ABSENT : None
Lewis, Kulchin, Chick and Prescott
MARY H. CALLER, Mayor
kTTEST :
AGKEEMICNT FOR PKEPAF!:TIC!: OF PLANS AN11 SPECIFICATIONS
FOR POINSETTIA ?RIDGE OVER THE RAILROAD
- THIS AGREEMENT, made and entered into as of the 15th
, 19 83 , by and between the CITY OF - day of February
CARLSDAD, a nunici.pa1 corporation, hereinafter referred to as "City,"
and a CIVIL ENGINFqRING FIRM, Kerchersl S. Assocates: hereinafter 1.
referred to as "Consultant."
RE CI Tk LS
City requires the services of an engineering consulting firn
to provide the necessary engineering services for preparation of final
plans and specifications for the Poinsettia Bridge; and
Consultant possesses the necessary skills and qualifications
to provide the services required by City;
NOW, THEREFORE, in consideration of these recitals and the
mutual covenants contained herein, City and Consultant agree as
follows:
I. CONSULTANT'S ORLICATIONS ...
(A) Scope of Work
The Consultant shall prepare the plans, specifications and bid
docunents for the construction of the bridge and pavement ~~rer the
railroad at the westerly extension of Poinsettia Lane and associated
..
street construction work specifically delineated on attachment "A."
The structure should compiy with bridge and highway standards and as
specified in current ASflTOand h.R.E.A. and CALTRANS .Standards.
The bridge shall be designed to be structurally adequate for all
legally anticipated loading conditions. In addition, al.1 existing
facilities requiring removal, redesign or restoration'due to project
,
construction shall be included in the contract. Any additionally
needed right-of-way acquisitions and documents shall be provided to
the City.
(B) Procedure
--I__
The Consultant shall submit a preliminary civil design
package as well as a final civil design package. The preliminary
civil design package shall be reviewed and approved by the City prior
to proceeding with final civil design package.
The preliminary civil design package shall include:
1. All surveys necessary to obtain precise and clear locations of the
bridge and rights-of-way and proposed street widening. Rights- of-way
shall he located precisely in relationship to the control line used.
2. Utility research and tentative disposition or relocation of any
interfering utilities.
3. Outli~e of design alternatives and cost-saving measgres and
preliminary layout plan of the various alternatives.
These items are to be approved by the City and funding agencies prj.or
to submitting Che final design package.
.-
The final civil design pa.ckage shall consist of:
1. Complete structure calculations for the design of the bridge and
roadwc',y sect ions.
2. A complete set: of reproducible plans in accordance wit11 City and
fundiug agen'ctcs' requiremeiits. Drawings shall be neat and legible
with dimensions to all. installations. Details should provide for
clezr and dcfini.te manner of install~tion. Type, grade, and quality
of all materials required should he clearly indicated.
3. Plans and specifications shall be certified as to correctness,
and signed by a registered civil engineer and/or structural engineer,
and R.C.E. number provided.
4. The following items should appear on the final drawings (this
list is indicative, not exhaustive):
a. A plan and profile of the street reconstruction work.
b. Interfering utilities with current ownership and
disposition.
c. Final striping for roadway pavement shall be provided.
d. A structural steel schedule shall be provided with
dimensions and quantities of all steel required.
e. Treatment of abutments shall he clearly indicated.
f. Any special methods of placement and shoring or protection
of workers and railroad required for construction shall be clearly
indicated.
5.Specifications shall be provided in conformance with appropriate CSI
Standards and the 1982 edition of Standard Specifications for Public
Works Contracts and Caltrans Standards applicable.
6. Provisions for staged construction, if required.
7. Final quantity and cost estimate.
8. De'sign standards of any shoi-ing or coffer dams required for
construct ion.
9. Hydraulic calculation to justify handling of drainage
requi rement s.
I0.Fifty copies of plans and specifications for advertisement.
11. All plans and specifications and submitted items shall be
developed in a form satisfactory to the City and funding agencies.
12. Certification by soils engineer shall be provided for the
stability of structure against soil and foundation failure.
13. The Consultant shall submit a report and a subsurface boring log
showing information required for design of piles and foundations.
TI CITY' S OBLIGATIONS
The scope of City staff responsibilities shall be as follows:
(a) Supply the preliminary design and specification for reference
only.
(b) The City will make available upon request any documentary record
or existing right-of-way data available to it.
(c) Blank nylars for this project shall be supplied by the City.
(d) Provide review of consultant's submittal in accordance with the
agreed schedule.
(e) Provide payment of approved invoices within 30 days of receipt.
I11 PROGRESS AND COMPLETION
The work (designated as the preliminary civil design package)
under this contract will begin within ten days after receipt of
notification to proceed by the City and be completed within three
months of that date. The Consultant will begin work on the final
design package upon receipt of approval of the preliminary civil
design package and will be completed within two and one-half months of
that date. The Consultant has prepared a critical path schedule which
is attached hereto as Exhibit A and made a part of the scheduling of
this Project. Extensions of time may be granted if requested by the
Consultant and agreed to in writing by the City Engineer. In con-
sideration of such requests of extension of time, the City Engineer
0
will give allowance for documented and substantiated unforseeable and
unavoidable delays not caused by lack of foresight on the part of the
Consultant, or delays caused by City inaction or other agencies' lack
of timely action.
IV. FEES TO BE PAID TO CONSULTANT
The lump sum fee payable according to paragraph V shall be
$47,370.50 -I-- No other compensation for services will be allowed except
those items covered by supplemental agreeme'nts per paragraph VII,
Changes in Work.
V. PAYMENT OF FEES
The Consultant shall be entitled to 25% pcyment of luinp sura
fee for the civil design package at the time of approval of the
preliminary design package.
After receiving notice to proceed on the final design packcge,
incremental payments may be authorized upon submission of evidence of
work accomplished up to a total of 75% of total lump sun1 fee for the
civil design package. Upon final approval cf the final design palrcage
an additional incremental 15% will be paid. (Up to 90% of the total
lump sua fee for the civil design package). The remaining 10% shall
become due and payable at the completion of the construction of
Proj&ct, but no later than two years from date of approval of the
final design providing all work under this agreement is compleied and
approved by Engineer.
VI. FINAL SUBMISSIONS
Within 10 days of the approval of the final design package,
the Consultant will deliver:
(a) Original mylars at scale of the drawings reproducible on
standard 24" by 36"sheets. Quality of mylars submitted shall
be suSject to the approval of the City.
(b) All final engineering certificatons and documents.
The plans shall be signed and certified to correctness by
a registered civil engineer and by a soils and landscape
architect as appropriate.
(c) Fifty copies of the plans and specifications in a
form suitably bound and on whiZe paper. A reduced set of
drawings shall be bound into each set of specificatons.
. . ._
VII. CHANGES IN UORK
If, in the course of this contract and design changes seem
merite.d to the Consultant or to the City, and informal
consultations with the other party indicate that a change in the
conditions of the contract is warranted, the consultant or the Citr
may request a change in contract. Such changes shall be processed by
the City in the following manner: k letter outlining the required
changes shall be forwarded to the City or Consultant to inform them of
the proposed changes along with a statement of estimated changes in
charges or time schedule. After reaching mutual agreement on the
proposal, a supplemental agreement shall be prepared by the City and
approved by the City Council. Such supplemental agreement shall not
render ineffective or invalidate unaffected portions of the
agreement. Changes requiring immediate action by the Consultant or
City shall ,be ordered by the City Engineer who will inform a principal
of thc Consultant's firm of the necessity of such action and follow
up with a supplemental agreement covering such work.
r-?
e e
thereupon, has five working days to deliver said documents owned by
the City and all work in progress to the City Engineer. The City
Engineer shall make a determination of fact based upon the documents
delivered to City of the percentage of work which the Consultant has
performed which is acceptable in compliance with the scope of workand
of worth to the City in having the contract completed. Based upon
that finding as reported to the City Counci.1, the Council shall
determine the final payment of the contract. Final paymeat shall be
in compliance with the Code of Federal Regulations.
XII. DISPUTES
If a dispute should arise regarding the performance of work under
this agreement, the following procedure shall be used to resolve any
question of fact or interpretation not otherwise settled by agreement
between parties. Such questions, if they becone identified as a part
of a dispute among persons operating under the provisions of this
contract, shall be reduced to writing by the principal of the
Consultant or the City Engineer. A copy of 'such documented dispute
shall be forwarded to both parties involved along with recommended
methods of resolution which would be of benefit Lo both parties. The
City Engineer or principal receiving the letter shall reply to the
letter along with a recommended method of resolution within ten days.
If the resolution thus obtained is unsatisfactory to the aggrieved
party, a letter outlining the dispute shall be forwarded to the City
Council for their resolution through the office of the City Manager.
The City Council may then opt to consider a directed soliltion to the
problem. In such cases, the action of the City Council shall bz
binding upon the parties involved, although nothing in this procedure
shall prohibit. the parties seeking remedies availnblc to t.hcm at law.
XIII. RESPONSIBILITY OF TIIE CONSULTANT
The Consultant is hired to render professional services of
designing and providing drawings for bridge and street design, any
payments made to Consultant are compensation solely for such services,
Consultant shall certify as to the correctness of all designs and
sign all plans, specifications and estimates furnished with Registered
Civil Engineer's number,
XIV. SUSPENSION OR TERMINATION OF SERVICES
This agreement may be terminated by either party upon tender-
ing 30 days written notice to the other party. In the event of such
suspension or termination, upon request of the City, the Consultant
shall assemble the work product and' put same in order for proper
filing and closing and deliver said product to City. In the event of
termination, the Consultant shall be paid for work perzormed to the
termination date; however, the total shall not exceed the guaranteed
total maximum. The City shall make the final determination as to the
portions of tasks completed and the compensation to be made.
Compensation to be made in compliance .with the Code of Federal
Regulations.
XV. STATUS OF TtIE CONSULTANT
The Consultant shall perform the services provided for herein in
Consultant's own way as an independent contractor and in pursuit of
Consultant's Independent calling, and not as an employee of the City.
Consultaut shall be under control of the City only as to the result to
be .accomplished and the personnel assigned to thc project, but shall
consult wj.th the City a3 provided for in the request for proposal.
I. m e
XVI. CONFORMITY TO LEGAL REOUIREMENTS -
The Consultant shall cause all drawings and specifications to
conform to all applicable requirements of law: Federal, State, and
local. Consultant shall provide all necessary supporting documents,
. to be filed with any agencies whose approval is necessary for the
design of this project.
The city will provide copies of the approved plans to any
other agencies.
XVII. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports and
specifications as herein required are the property of the City,
whether the work for which they are made be executed or not. In the
event this contract is terminated, all documents, plans,
specifications, drawings, reports and studies shall be delivered
forthwith to the City. Consultant shall have the right to make one
copy of the plans for hisfher records.
XVIEI .HOLD HARNLESS AGREEXENT _.
The City, its agents, officers and employees shall not be
liable €or any claims, liabilities, penalties, fines, or any damage to
goods, properties, or effects of any person whatever, nor for personal
injuries or death caused by, or resulting from, or claimed to have
been caused by, OK resulting from, any act or omission of Consultant
or Consultant's a'gents, employees or representatives. ~onsultant
agrees to defend, indemnify and save free and harmless the City and
its authorized agents, officers, and employees against any of thc
foregoing liabilities or claims of any kind and any cost and expense
that is incurred by the City on acccunt of any of the fo'regoing
e
contractor, or any subcontractor in connection with the construction
of the project, shall become directly or indirectly interested
personally in this contract or in Any pzrt thereof. No officer,
employee, architect, attorney, engineer, or inspector of or for the
City who is authorized in such capacity and on behalf of the City to
exercise any executive, supervisory, or other similar functions in
connection with the performance of this contract shall become
directly or indirectly interested personally in this contract or any
part thereof.
XXII. VERBAL AGREEM1’;NT OR CONVERSATION -
NO verbal agreement or conversation with any officer, agent,
or employee of the City, either before, during, or after the execution
of this contract, shall affect or modify any of the terms or
obligations herein contained nor such verbal agreement or conversation
entitle the Consul.tant to any additional paymenc whatsoever under the
terms of this contract.
XXII1.SUCCESSORS OR ASSIGNS
Subject to the provisions of paragraph XVIII, Hold Harmless
Agreement, all terms, conditions, and provisions hereof shall insure
to and shall bind each of the parties hereto, and each of their
respective heirs, executors, administrators, successors and assigns.
XXIV. EPFECTLVE DATE
-1
This agreement sh~?11 be effective on and from the day and
year first ahovc written.
- .
I.’ *
XXV. CONFLICT OF INTEREST
The Consultant shall file a conflict of interest statement
with the City Clerk of the City of Carlsbad.
report investments or interests in real property within the
jurisdictional limits of the City of Carlsbad.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
The Consultant shall
CITY OF CARLSBhD
ATTEST:
w ” dead- City Clerk
M A Po R. Title
-. Assrstant Ci.ty At~orncy
KERCHEVAL AnTD ASSOCIATES, INC.
I’
'bESiGN ACTIVITY' CFelCAL PATH
/
NOTICE TO PROCEED Stnrt - Final ,c --..---I- ----
I I IO Days I Start Pr-eiiminary
Horizontal Alignment I
Drainage
Vertical Alignment
Profile and Cross Sections
Structural Design
45 Days
Earthwork
Delinea tion
F
Horizontal AIi nmer i Preliminary
Structurai Design
45 Days
Final Ear ProfiIe and Cross Sections I
Quantity and
Cost Estimate
90% Submittal I.- 30% Submittal
/2 0 City/Agencies Decision Points
Project Location
I
Poinsettia lane rsject Limits
0
A.
0
It
I+-- 89' --
.-
f lo
J
DESIGN CRIERIA -.
7
plan Scale
POINSETTIA LANE PROJECT
- Roadway Plans 40 scale Horizontal
20 scale Vertical
Bridge Plans shall conform to Caltrans Bridge
Design Manual
Righ t-o f -Nay - 102 feet min.
Curb-to-Curb Width - 82 feet; 4 lanes'and. 18 foot median
Design Speed - 30 miles per hour
Max. Road Grade - 7.0%
Min. Road Grade - 0.5%
Si6ewalits - 5 foot min. both sides
Street Lights - Not included
Traffic Signals - Not included
Landscaping - shall include fill slopes only
W/O irrigation system
Mi.n. RR Clearance - 23 ft. - 0 in. Vertical
8 ft. - 6 in. Horizontal
Access to Adjoin-
ing Property - None
3 TEM
PRCIFESS I ClI\IAL EiIJB PF;UF ESS I [31\IAL
DblOS MAIJHCILJRS RATE COST M G M ti D LJR S I3 AT E COST
PROJECT IYANAGEF?
ARCH I TEC:TIJRr?L
STRUCTIJKAL
MECIiAN 1 CAL
ELECTRlCAL
CKVIL
L Pi t'4D S C A PE
SF'EC/REF'ORT bJFc 1 TEK
TYFIST
COST ESTIMATOR
TOTAL 3 3 LA 446 8, 517, 00 554 63 5,495. oi;
TOTAL DESIGN FEE = 4.7, 37c:. 50