HomeMy WebLinkAbout2000-03-21; City Council; Resolution 2000-91r.. .-.-I
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RESOLUTION NO. 2000-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH
DANIEL, MANN, JOHNSON & MENDENHALL FOR BRIDGE PLAN
DESIGN CHECK FOR THE POINSETTIA LANE BRIDGE WIDENING
PROJECT, PROJECT NO. 3551.
WHEREAS, the Engineering Department requested Statements of Qualifications
6 I I provide professional engineering services for preliminary engineering, environmental studies ,
7 11 preparation of plans, specifications and cost estimates from twenty-two private firms intereste
8 providing engineering services for the Poinsettia Lane Bridge Widening, Project No. 3551,
9 received responses from seven firms and after review of the proposals, staff is recommenc
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check based on their experience and expertise on similar types of project; and 11
Daniel, Mann, Johnson & Mendenhall as the best remaining qualified firm for bridge plan de:
12 WHEREAS, the City Council of the City of Carlsbad, California, has determi
13 it necessary and in the public interest to approve and accept an agreement with Daniel, Mz
Johnson & Mendenhall for professional engineering services for bridge plan design check; an(
WHEREAS, total project cost estimated for the bridge plan design check service
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15 $44,901 ; and
16 WHEREAS, funds in the amount of $2,405,000, including $2 million for the bri
widening, $30,000 for the sewer line and $375,000 for the water line, have been previo
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available for this project; and 19
appropriated for the Poinsettia Lane Bridge Widening Project and there are sufficient fL
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20 WHEREAS, on January 5, 2000, the Planning Commission adopted Plan1
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Planning Director, and Planning Commission Resolution No. 4716 approving Co: 22
Commission Resolution No. 4715 approving the Mitigated Negative Declaration issued by
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Development
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Ill
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Ill
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Permit 99-30 for the Poinsettia Lane Bridge Widening Project.
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1 NOW, THEREFORE, BE IT RESOLVED .by the City Council of the City of Carlst
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California, as follows:
1. That the above recitations are true and correct.
2. That the agreement with Daniel, Mann, Johnson & Mendenhall to pro\
engineering services for brildge plan design check for the Poinsettia Lane Bridge Wider
Project, a copy of which is attached as Exhibit 6, is hereby approved.
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6 3. That the Mayor is hereby authorized to execute the proposed agreement
engineering services with Daniel, Mann, Johnson & Mendenhall for bridge plan design check. 7
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9 PASSED, APPROVE13 AND ADOPTED at a regular meeting of the Carlsbad City COL
10 held on the 21 st day of March , 2000 by the following vote, to wit:
11 AYES: Council Members Lewis, Hall, Nygaard and Kulchin
12 NOES:
ABSENT: 13
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CLAUDE A. LEWIS, 15
I' 1 I ATTEST:
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LOXRAINE M. WOOD, City (Clerk (SEAL)
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March 30,2000
Daniel, Mu, Johnson & Mendenhall
Attn: Tom Bogard, Vice President
3250 Wilshire Boulevard
Los Angeles, CA 90010
RE: AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
At the meeting of March 21,2000; the Carlsbad City Council adopted Resolution No.
2000-91 , approving the above referenced agreement.
Enclosed for your records is a copy of Resolution No. 2000-9 1 and a hlly executed
agreement for your files.
If you have questions concerning the contract, please contact Lloyd Hubbs, Public Works
Director, at 602-2730.
Sincerely,
P0-e-L L4LL.i
Dee Ulrich
Office of the Carlsbad City Clerk
Enclosures (2)
1200 Carlsbad Village Drivie - Carlsbad, CA 92008-1 989 0 (760) 434-2808
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AGREEMENT FOR PROFESSIONAL
ENGdNEERING SERVICES WITH
DANIEL, MIANN, JOHNSON & MENDENHALL
6 THIS AGREEMENT is made and entered into as of the 37 day of
,20E,, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as YXy", and Daniel, Mann, Johnson & Mendenhall,
a California corporation, hereinafter referred to as "Contractor."
RECITALS
City requires the services of an engineering Contractor to provide the necessary
consulting engineering services for preparation of review of plans, specifications and
estimates; and Contractor possesses the necessary skills and qualifications to provide
the services required by the City;
NOW, THEREFORE, in (consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. CONTRACTOFP'S OBLIGATIONS
See attached Exhibit "A".
2. CITY OBLIGATIONS
The City shall provide:
a. Two (2) sets of bluetines of plans including bridge plans and
specifications.
b. Two (2) copies of soils reports.
c. One (1) blueline copy of 100-scale site top0 map.
d. Two (2) copies hydrology reports.
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e. Cost estimates.
f. Copy of applicab1:e City codes and standards.
g. Copy of grading plans and other pertinent documents for improvements
adjacent to the project.
3. PROGRESS AND COMIPLETION
The work under this contract will begin within ten (IO) days after receipt of
notification to proceed by the City and be completed within one hundred eighty (180)
calendar days of that date. Extensions of time may be granted if requested by the
Contractor and agreed to in writing by the Public Works Director. The Public Works
Director will give allowance for documented and substantiated unforeseeable and
unavoidable delays not caused by a lack of foresight on the part of the Contractor, or
delays caused by City inaction or other agencies' lack of timely action.
4. FEES TO BE PAID TO CONTRACTOR
The total fee payable folr the services to be performed shall be $44,901. No other
compensation for services will be allowed except those items covered by supplemental
agreements per Paragraph E;, "Changes in Work." The City reserves the right to
withhold a ten percent (10%) retention until the project has been accepted by the City.
Incremental payments, if applicable, should be made as outlined in attached
Exhibit "A."
5. DURATION OF CONTRACT
This agreement shall extend for a period of two (2) years from date thereof. The
contract may be extended by the City Manager for two (2) additional one (1) year
periods or parts thereof, based upon a review of satisfactory performance and the City's
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needs. The parties shall prepare extensions in writing indicating effective date and
length of the extended contract.
6. PAYMENT OF FEES
Payment of approved items on the invoice shall be mailed to the Contractor
within 30 days of receipt of the! invoice.
7. FINAL SUBMISSIONS
Within ten (IO) days of completion and approval of the final plans, specifications
and estimate, the Contractor shall deliver to the City the following items:
a. Redline markups; of roadway typical sections, layouts, profiles and bridge
plans.
b. List of written comments on plans, specifications, and estimates submitted
at each milestone.
8. CHANGES IN WORK
If, in the course of the [contract, changes seem merited by the Contractor or the
City, and informal consultaticms with the other party indicate that a change in the
conditions of the contract is warranted, the Contractor or the City may request a change
in contract. Such changes shall be processed by the City in the following manner: A
letter outlining the required changes shall be forwarded to the City by Contractor to
inform them of the proposed changes along with a statement of estimated changes in
charges or time schedule. A Standard Amendment to Agreement shall be prepared by
the City and approved by the City according to the procedures described in Carlsbad
Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render
ineffective or invalidate unaffected portions of the agreement.
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9. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained any
company or person, other than a bona fide employee working for the 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, cornmission,
percentage, brokerage fee, gifl, or any other consideration contingent upon, or resulting
from, the award or making of this agreement. For breach or violation of this warranty,
the City shall have the right to annul this agreement without liability, or, in its discretion,
to deduct from the agreement price or consideration, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee.
10. NONDISCRIMINATION CLAUSE
The Contractor shall comply with the state and federal laws regarding
nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Contractor's failure to prosecute, deliver, or perform the work
as provided for in this contract, the City Manager may terminate this contract for
nonperformance by notifying the Contractor by certified mail of the termination of the
Contractor. The Contractor, thereupon, has five (5) working days to deliver said
documents owned by the City and all work in progress to the Public Works Director.
The Public Works Director shall make a determination of fact based upon the
documents delivered to City of the percentage of work which the Contractor has
performed which is usable andl of worth to the City in having the contract completed.
Based upon that finding as reported to the City Manager, the Manager shall determine
the final payment of the contract.
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This agreement may b'e terminated by either party upon tendering thirty (30)
days written notice to the other party. In the event of such suspension or termination,
upon request of the City, the Contractor 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 Contractor shall be paid for work performed to the termination date;
however, the total shall not exceed the lump sum fee payable under paragraph 4. The
City Manager shall make the final determination as to the portions of tasks completed
and the compensation to be made.
12. CLAIMS AND LAWSUI'E
The Contractor agrees that any contract claim submitted to the City must be
asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation. The Contractor acknowledges
that if a false claim is submitted to the City, it may be considered fraud and the
Contractor may be subject to criminal prosecution. The Contractor acknowledges that
California Government Code sections 12650 et sea., the False Claims Act, 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 the City of Carlsbad seeks
to recover penalties pursuant to the False Claims Act, it is entitled to recover its
litigation costs, including attorney's fees. The Contractor acknowledges that the filing of
a false claim may subject the Contractor to an administrative debarment proceeding
wherein the Contractor may be prevented to act as a Contractor on any public work or
improvement for a period of up to five years. The Contractor acknowledges debarment
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by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor
from the selection process. &&z&! (initial) -+!I&-
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026,
3.32.027 and 3.32028 pertaining to false claims are incorporated herein by reference.
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13. JURISDICTION
The Contractor agrees and hereby stipulates that the proper venue and
jurisdiction for resolution of any disputes between the parties arising out of this
agreement is San Diego County, California.
14. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor's own
way as an independent Contractor and in pursuit of Contractor's independent calling,
and not as an employee of th13 City. Contractor shall be under control of the City only
as to the result to be accomplished, but shall consult with the City as provided for in the
request for proposal. The persons used by the Contractor to provide services under this
agreement shall not be considered employees of the City for any purposes whatsoever.
The Contractor is an independent Contractor of the City. The payment made to
the Contractor pursuant to the contract shall be the full and complete compensation to
which the Contractor is entitled. The City shall not make any federal or state tax
withholdings on behalf of the Contractor or its employees or subcontractors. The City
shall not be required to pay ;any workers' compensation insurance or unemployment
contributions on behalf of the Contractor or its employees or subcontractors. The
Contractor agrees to indemlnify the City within 30 days for any tax, retirement
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contribution, social security, overtime payment, unemployment payment or workers'
compensation payment which the City may be required to make on behalf of the
Contractor or any employee or subcontractor of the Contractor for work done under this
agreement or such indemnification amount may be deducted by the City from any
balance owing to the Contractor.
The Contractor shall be aware of the requirements of the Immigration Reform
and Control Act of 1986 and shall comply with those requirements, including, but not
limited to, verifying the eliigibility for employment of all agents, employees,
subcontractors and Consultants that are included in this agreement.
15. CONFORMITY TO LEGAL REQUIREMENTS
The Contractor shall cause all drawings and specifications to conform to all
applicable requirements of law: federal, state and local. Contractor shall provide all
necessary supporting documents, to be filed with any agencies whose approval is
necessary.
The City will provide copies of the approved plans to any other agencies.
16. 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.
Contractor shall have the right to make one (I) copy of the plans for its records.
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17. REPRODUCTION RIG143
The Contractor agrees that all copyrights which arise from creation of the work
pursuant to this contract shall be vested in City and hereby agrees to relinquish all
claims to such copyrights in favor of City.
18. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the City of Carlsbad and its
officers, officials, employees and volunteers from and against all claims, damages,
losses and expenses including attorneys fees arising out of the performance of the
work described herein caused by any willful misconduct, or negligent act, or omission of
the contractor, any subcontractor, anyone directly or indirectly employed by any of them
or anyone for whose acts any of them may be liable.
19. ASSIGNMENT OF CONITRACT
The Contractor shall not assign this contract or any part thereof or any monies
due thereunder without the prior written consent of the City.
20. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be performed under this
contract by the Contractor, Contractor shall be fully responsible to the City for the acts
and omissions of Contractor':; 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 contract shall
create any contractual relationship between any subcontractor of Contractor and the
City. The Contractor shall bind every subcontractor and every subcontractor of a
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subcontractor by the terms of this contract applicable to Contractor's work unless
specifically noted to the contrary in the subcontract in question approved in writing by
the City.
21. PROHIBITED INTERESX
No official of the City who is authorized in such capacity on behalf of the City to
negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or
approving of this agreement, shall become directly or indirectly 'interested personally in
this contract or in any part thereof. No officer or employee of the City who is authorized
in such capacity and on behalf of the City to exercise any executive, supervisory, or
similar functions in connection with the performance of this contract shall become
directly or indirectly interested personally in this contract or any part thereof.
22. VERBAL AGREEMENT 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 entitle the Contractor to any
additional payment whatsoever under the terms of this contract.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, "Hold Harmless Agreement," all
terms, conditions, and provisia'ns hereof shall inure to and shall bind each of the parties
hereto, and each of their respective heirs, executors, administrators, successors, and
assigns.
24. EFFECTIVE DATE
This agreement shall be effective on and, from the day and year first written
above.
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25. CONFLICT OF INTEREST
The City has determined, using the guidelines of the Political Reform Act and the
City's conflict of interest code, that the Contractor will not be required to file a conflict of
interest statement as a requirement of this agreement. However, Contractor hereby
acknowledges that Contractor has the legal responsibility for complying with the
Political Reform Act and nothing in this agreement releases Contractor from this
responsibility.
26. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract and any
and all amendments insurance against claims for injuries to persons or damage to
property which may arise olut of or in connection with performance of the work
hereunder by the Contractor, his agents, representatives, employees or subcontractors.
Said insurance shall 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" and shall meet the City's policy for
insurance as stated in Resolution No. 91-403.
A. Coveraaes and Limits.
Contractor shall maintain the types of coverages and minimum limits
indicated herein, unless a lswer amount is approved by the City Attorney or City
Manager:
I. Comprehensive 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 shall apply
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separately to the work under .this contract or the general aggregate shall be twice the
required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved for
Contractor's work for the City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
3. Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the Labor Code of the State of California and
Employer's Liability limits of $1,000,000 per accident for bodily injury.
4. Professional Liability. Errors and omissions liability appropriate to
the contractor's profession with limits of not less than $1,000,000 per claim. Coverage
shall be maintained for a period of five years following the date of completion of the
work.
B. Additional Provisions.
Contractor shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the following provisions.
1. The City shall be named as an additional insured on all policies
excluding Workers' Compensation and Professional Liability.
2. The Contractor shall furnish certificates of insurance to the City
before commencement of work.
3. The Contractor shall obtain occurrence coverage, excluding
Professional Liability which shall be written as claims-made coverage.
4. This insurance shall be in force during the life of the agreement and
any extension thereof and shall not be canceled without 30 days prior written notice to
the City sent by certified mail.
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5. If the Contractor fails to maintain any of the insurance coverages
required herein, then'the City will have the option to declare the Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order that the required coverages may be maintained. The Contractor is
responsible for any payments made by the City to obtain or maintain such insurance
and the City may collect the same from the Contractor or deduct the amount paid from
any sums due the Contractor under this agreement.
27. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to receive
written notice on behalf of the City and on behalf of the Contractor in connection with
the foregoing are as follows:
For City: Title Public Works Director
Name Lloyd 6. Hubbs
Address 1635 Faraday Avenue
Carlsbad. CA 92008
For Contractor: Title Vice President
Name Tom Bogard
Address 3250 Wilshire Boulevard
Los Anaeles. CA 9001 0 Y
28. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for the
duration of the contract.
29. ENTIRE AGREEMENT
This agreement, together with any other written document referred to or
contemplated herein, along with the purchase order for this contract and its provisions,
embody the entire agreement and understanding between the parties relating to the
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subject matter hereof. In case of conflict, the terms of the agreement supersede the
purchase order. Neither this agreement nor any provision hereof may be amended,
modified, waived or discharged' except by an instrument in writing executed by the party
against which enforcement of such amendment, waiver or discharge is sought.
Executed by Contractor this q day of M ql/CG. + ,20 030 .
/a CONTRACTOR: CITY OF C ,, LSBAD,
DANIEL, MENDENMLL MANN, JOHNSON AND i"t;, /F/fp *;fl / /f/
corpor b ,.df th )St gf at' rnia
aiqJ/y IU I BY. -T&W*a: ( gn here) By: omayor
&LE Le &ST&, &e 'P%e
ATTEST:
Pd :. . ' Ah" D~LYX ~;IA ~aIyzbck: Sewehu LOFiRAlNE M. WOOD (print namehitle)
I * <it y Clerk.
(Proper notarial acknowledgment of execution by Contractor must be attached.
Chairman, president or vice-president and secretary, assistant secretary, CFO or
assistant treasurer must sign for corporations. Otherwise, the corporation must attach a
resolution certified by the secretary or assistant secretary under corporate seal
empowering the officer@) signing to bind the corporation.)
APPROVED AS TO FORM:
RONALD . BALL, City Attorney f ,.
BY: 1); /33"
Dep ty City Attorney
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of LS Ptn<+
personally appeared
@personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person(s) whose name@) %are
subscribed to the within instrument and
acknowledged to me that bktpfthey executed
the same in h@/jtbr/their authorized
capacity(ies), and that by Igdberltheir
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
Place Notary Seal Above -
Though the information below is noi.’ required by law. it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Document Date: h]h fi e
Attorney in Fact
0 Guardian or Conservator
Signer Is Representing: &) b#, T-h- P he:&&&&
0 1997 National Notary Association * 9350 De Soto Ave.. P.0 Box 2402 * Chatworth. CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Fr& 1-800-876-6827
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EXHIBIT "A"
SCOPE OF WORK
A. This review for bridge shall consist of:
1. Make a complete check of the geometric layout. Scaling is acceptable for
simple structures (falsework clearance and space required for
construction operations are part of the layout check).
2. Make a general ireview of the plans for any obvious omissions, conflicts, or incompatible structural framing or details.
3. Check the typical section.
4. Check the girder layout for variable girder spacing, slab thickness, and
agreement with the typical section.
No structural design check should be started until items 1 through 4 are
completed and any differences are resolved with the Designer. Consult with the
Project Designer if necessary. If revisions are necessary, the Designer should
revise the design and details before the Checker proceeds.
The check of a design may be done using the checked details of a similar
structure. The structure used for comparison must have been designed using
Load Factor Design.
5. Superstructure
a. Prestressed - check the prestressing path low and high points
and check for possible conflicts with column bars and/or cap steel,
P, f c, tension in concrete, total amount of ultimate moment
reinforcement required, stirrups near the supports, and camber
diagram.
b. Reinforced Concrete - Check the total amount of moment reinforcement at bents and near midspan. Review the bar cut-offs
to the extent that they look reasonable by comparison with the
spans, but do not check individual bar cut-offs. Check stirrups near
supports and "spot-check" the remainder. Check "fitup" for all hinge
details (i.e., pads, keys, restrainers, reinforcement, joint seal
assemblies, and skew details). For bent caps, check main
reinforcement and stirrups simialr to superstructure girders.
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6. Substructure
a. Bent and Abutment Footings - check size of footing for bearing
pressure c)r number of piles, and footing reinforcement.
b. Pile Shafts - check depth, main reinforcement and spirals.
c. Columns check main reinforcement and spirals.
d. Abutments - review longitudinal and transverse keys for
reasonableness, and check bearing pad size.
7. Review all plan details with an "overview perspective" to verify that the
details are complete, reasonable, structurally sound, and constructible.
p Check moment connection to verify details are adequate to resist
moments resulting from various loading conditions. Confirm that there are
sufficient details shown for modifying existing structures and joining new
structure to existiing structures for widenings.
8. Check for construction sequence.
9. Check all notes and corner details.
IO. Check soils enginleering and seismic report for the following:
a. Description of the general geology of the site.
b. A site plan showing the exact location of all borings taken.
c. Standard boring logs including blow counts, soil classification,
mechanical analysis and water table elevation.
d. Depth to "'rock-like" material and type of such material at each
boring.
e. Borings shall be taken at the assumed location of each abutment
and pier.
f. Allowable bearing capacities and foundation pressures.
g. Recommended pier and abutment foundations.
h. Seismic data including nearest active fault, bedrock acceleration,
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period and duration of motion, potential for liquification.
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1. Maximum credible rock acceleration (from Greensfelder, R. (1973)
California Division of Mines and Geology Special Report MS-23,
Modified October, 1974 - Caltrans).
j. The magnitude of the maximum credible seismic event.
k. Required structural section of the roadway using R-value method.
1. A Log of lest Boring sheet included as part of the foundation report
and as part of the structure plans.
11. Plans shall reference San Diego Area Regional Standard Drawings, City
of Carlsbad Standards and/or Caltrans Standard Drawings by plan and/or
profile representations with the appropriate drawing number.
B. Review revisions to the plans, calculations or geotechnical investigations to
assure compliance with ,the initial plan review comments.
REPORT
A. Prepare a written report for each bridge on the findings of your plan review
relative to the items Meld in section 111. Provide written certification that the plans
are complete and accu,rate, and are in conformance with the applicable City
Codes, Standards, that tihey are consistent with any grading plans, and any other
adjacent improvement documents filed at the City. The report should be signed
and sealed by a registe'red structural engineer competent in the field of bridge
design.
6. Clearly identify any design deficiencies.
C. Make recommendations Ion improving any aspect of the design, plan preparation
or geotechnical investigation which you feel necessary or that would enhance
the performance of the design or constructibility of the project.
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