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HomeMy WebLinkAbout1983-02-15; City Council; Resolution 7143I. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 1E 19 2c 21 22 22 24 25 26 27 28 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