HomeMy WebLinkAboutKERCHERAL & ASSOCIATES; 1983-02-15;t I·
A G l<E E M ,,: wr F O R P R E PA P. /·. T I G : ; () F P LA N S A N D S P E C I F I CA T I O N S
FOR POINSETTIA BRIDGE OVER THE RAILROAD
'£HIS AGREEMENT, made and entered into as of the 15th
day of February 19 83 , by and between the CITY OF
CARLSBAD, a municipal ·corporation, hereinafter referred to as "City,"
, ''· and a CIVIL ENGINF~RING FIRM, Kcrcheral & Assocatei, hereinafter
referred to as "Consultant."
RECIT/1LS
City requires the services of an engineering consulting fira
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. COHSULTft.HT' S OBLIGATIONS
(A) Scope of Work
The Consultant shall prepare the plans, specifications and bid
d o c u r.1 e n t s f o r t h e c o n s ·t r u c t i o n o f t h e b r i d g c an d p av em e n t o v e r t h e
railroad at the westerly extension of Poinsettia Lane and associated
street construction wor,k specifically delineated on attach111cnt "A."
,.
The structure should comply with bridge and highway standards ,1nci as
s p c c i [ i e d i n c u r ;:-c n t 'J\ S II TO a n d A . R . E • A • a n d CA LT RA N S ; S t a n d a r d !; •
The Lridgc shall be designed t:o be structurally ade-quatc for all
legally anticipated loadinc conditions, In addition, nll existing
facilities requiring removal, redesign or reetorntion -duc to project
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construction shall be included in the contract, Any additionally
needed right-of-way acquisitions and documents shall be provided to
the City.
(n) Procedure
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 ~y the City prior
to proceeding with final civil design packag?.
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 be located precisely in relationship to the control line used.~
2, Utility research and tentative disposition or relocation of any
interfering utilities.
3, Outline of desig~ alternatives and cost-saving measures and
preliminnry layout plan of _the various alternatives,
These items are to be appro~ed by the City and funding agencies prior
to submitting the firial design package.
The final civil design package shall consist of:
1. Complete structure calculations for the design of the bridge and
roadw~y sections.
2. A complete set of repr0<luciblc plans in accordance with City .:ind
f • I • I undinr, ar,enc1es requiremeuts. Drawines shnll be neat and legible
with dim~nsions to atl installations. Details should provide for
clear and definite m.inner of 'installation, Type, grade, and quality
of all m.:iterials required should he clearly indicated,
, ....
3. Plans and specifications shall be certified as to correc~ness,
and signed by a registered civil engineer and/or structural env,ineer,
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 r~quired.
e. Treatment of abutments shall be clearly indicated.
(
f. Any special methods of placement and shoring or protection
of workers and railroad required for construction shall be ~learly
indicated.
5.Specifications shall be provided in conformance with appropriate CSI
Standards and the 1982 edition of Standard Specifications for Public
Works Contracts ~nd Caltrans Standards applicable.
6, Provisions for staged construction, if required.
1. Final quantity and cost estimate.
8. Ddsign standards of any shoring or coffer clams required for
co r. st r u ct ion, .
. !
9. Hydraulic calculation to justify handling of clrainare
rcqufrcmcnts.
IO.Fifty copies of plans and spcc·ificntions for advertisement.
11. All plans and specifications and submitted items shall be
developed .in a form satisfactory to the City and funding age~cies.
12. Certification by soils engineer shall be provided for the
stabilit; of structure against soil and f6undation failure. 1
. .
13. The Consultant shall submit a report and a subsurface boring log
_showing inf~rmation required for design of piles and foundations.
II 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 ~ill make available upon request any documentary record
or existing right-of-way data available to· it.
(c) Blank mylars 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.
III 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 fi11al
design ~~ckage 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
will give allow~nc~ for doriumcnted 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 No other compensati~n for services will be allowed except
those items covered by supplementil agreemehts p~r paragraph VII,
Changes · in Work.
V. PAYMENT OF FEES
The Consultant shall be entitled to 25% payment of lump sum
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 package,
incremental payment~ may be authorized upon submission of evidence of
work accompl.ished up to a total of 75% of total lump sum fee for the
civil design package. Upon final approval of the final design pakcage
an additional incremental 15% will be paid, (Up to 90% of the total
lump sum fee for the civil design packa~e). The remaining 10% shall
become due and payable at the completion of the construction of
Pioj~ct, but no later than two years from date of approval of the
final desiin providing all work under this agreement is completed and
npprovcd 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
stan.-lard 24 11 by 36"shcets, Quality of mylars submitted shall
be subject to the approval of the City.
(b) All final engineering certificatons and documents.
'):he 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 o~ the plans and specifi~~tions in a
for·m suitably bound and on whi,te pape·r. A reduced set of
,d1.·awings .sh a 11 be -ho u-nd in-to each .set of-: sj>ec if ica tons.
VII. CHANGES IN WORK
If, in the course of this contract and design changes seem
merited to the Consultant or to the City, and informal
consultations with the other party inditate that a change in the
conditions of the contract 1s warranted, the Consultant or the City
may request a change in contract.
the City in the following manner:
Such changes shall be processed by
A letter outlining the required
chan£es shall be fofwarded to the City cir Consultant to inform them of
the proposed changes aloni with a statement of estimated changes 1n
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
Cit y sh a 11 ,'be ordered by t. he C it y En~ in e er who w i 11 i. n form a p r i. n c i pa l
~
of the Consultant's firm of the necessity of subh actlon and follow
up with a supplemental agreement covering such ~o~k.
7
. .
thereupon, has five working days to deliver said documents owned by
the City and all w6rk 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 rity in having the contract completed, Based upon
that finding as reported to the City Council, the Council shall
determine the final payment of the cont~act, Final payment 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 become identified as a part
of a dispute among persons operating under the provisions of this
contract, shall be ~educed to writing by the principal of the
Consultant or the City Engineer, A copy of ~uch documented dispute
shall be forwarded to both parties involved along with recommended
methods of resolution which would be of benefit to both parties. The
City Engineer or principal receiving the .letter shall reply to the
letter along with a recommended method of rei:;olution within ten dayn.
If the resolution thus obtained is uni:;atisfactory to the aggrieved
party, a lq~ter outlining the dispute shall be forwarded to the City
Council for their r~solution through the office of the City Manager.
Th c C i t y C o u n c i l m a y t h e n o p t t o c o n s i d e r · a d i r c c t-c d s o 1 u t i o n t o t h c
problem, In such cases, the action .of the City Council shall be
binding upon the parties involved, although nothing in this proccdurl.!
oh a J. l pro h i bit. the part i en set! kin~ r c med i es av a i 1 able to I: h cm n t: 1 n w.
...
XIII. RESPONSIBILITY OF THE CONSULTANT
The Consultant 1s hired to render professional service8 of
designing and providing drawings for bridge and street design, any
payments made to Consultant are co~pensation 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 Coris~ltant shall be paid for work performed 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 1n compliance .with the Code of Federal
Regulations.
XV, STATUS OF THE CONS!ILTANT
The Consultant shall perform the services provided for herein 1n ,'.
Consultant's own way as an independent contractor and 10 pursuit of
Consultant's lndepc11dcnt calling, and not as an _ employee of the Ci.ty.
· Cons u l t n n t sh n 11 be under cont r o l o ~ the City on 1 y as to the re 1l u l t to
be .a cc om p 1 is h c d n n <l the pc r son n c l as a i g n e d t o t h c p r o j cc t , but n h .'.l l l
cons u l t w i. th th c City as· prov id c d for 1 n th c re q u es t for prop 1) s .'.l l •
...
XVI. CONFORMITY TO LEGAL REQUIREMENTS
The Consultant shall cause all drawings and specifications to
conform to all applicable requirements of law: Federal, State, and
local. Consultant shall provide ill 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
spe~ifications as herein required _ are the property of the City,
In the whether the work for which they are made be e~ecuted or not.
event this contract is terminated, all documents, plans,
specifications, drawings, reports and studies shall be delivered
forthwith to the City. Consultant shall have th~ right to make one
copy of the plans for his/her records.
XVIII .HOLD HARMLESS AGREE}IENT
The City, its agents, officers and employees shall not be
liable for 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
be c n c a u s e d. b y , o r r e s u 1 t i n g f r ,> m , a n y a c ~ o r om i s s i o n o f C o n s u 1 t a n t
or Consult~nt 1 s agents, employees or representatives. Consultant
agrees to defend, indemnify and save free and harm.less the City and
ito authorized agents, officers, and employees against any of the
forccoing liabilities or claims of any kind and any cost and expense
thnt 10 incurred by the City on account of any of the foregoing
/o
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 part 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 personallj in this contract or any
part thereof.
XXII. 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 such verbal agreement or conversation
entitle the Consultant to any additional payment whatsoever under the
terms of this contract,
XXIII.SUCCESSORS OR ASSIGNS
Subject to the provisions of paragraph XVIII, Hold Jlarmless
Agreement, all terms, conditions, and provisions hereof shall insure
to and shall bind each of the parties hereto, and each of their
resp~ctive heirs, executors, administrators, successors and assigns,
XXIV, EFFECTIVE DATE
This agreement shall be effective on and from the day and
year first above written,
II
I "•"
XXV. CONFLICT OF INTEREST
The Consultant shall file a conflict of interest statement
with the City Clerk of the City of Carlsbad. The Consultant shall
report investments or intetests in real property within the
jurisdictional limits of the City of Carlsbad,
IN WITNESS WHEREOF, we have here.unto set our hands and seals.
CITY OF CARLSB~D
...
By~U1 J. ~
MAYOR Title
ATTEST:
Assistant City Attorney
KERCHEVAL AND ASSOCIATES,· INC.
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' . 'DESIGN ACTIVITY CR :CAL PATH
Sturt Final ,------------, { I NOTICE TO PR~CEED---t" . . ! + I O Days
Horizontal Alignment v1
D
-0
Start P1~eliminary
\.,.J Research
> and Review >
Drainage v1
CJ
7'
Right-of-Way o Determination ~
'11 Vertical Alignment >
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C >
\...,J
C
CJJ
Profile and Cross Sections \.,.)
CJ
C)
Earthwork w
D -
u, Utilities w
w F. I tJJ r ma rn Structural Design
Preliminary
Structural t:!
Design w
llJ ,_.
Ill
45 Days
Delineation w
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C
\.,J
'11
Drainage I.,..)
()
A
g Horizontal Alirnment
45 Days
w Vertical Alignment n ,·
7' Final Drainage
Final Earthwork ~ \.J,J
'11 ......
Special Provisions w
:c <
Quantity and uJ
Cost Estimate :r: ;::o
. Structural Cakuations \.,.)
Check u ~
Delineation u,
()
C:
90% Submittal
'11
w Profile and Cross Sections n .
Cl
\.,) Earthwork
n -
Preliminary Quantity o and Cost ~timates
;::o
\.>.• n
~
I
Plan Check
30% Submittal-------
IO Days
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I
F . ,. . + ;
,.,1 m;.1 1zc1t1on , , IO Days
? Days :C I I '---------------'-----------► N
_I __ ) J<&A .. Activity J ?,
..
Project location
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• I
E)(~~~BIT 82
Poinsettia Lane Project Limits
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fo I r B, ' 2-4' .. ,_ !BI a-4-' ~---~·
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E){H!B~T C 1
B' to'
5' ,-..-!
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Plan Scale
Right-of-Way
Curb-to-Curb Width -
Design Speed
Max . Road Grade
Min. Road Grade
Sidewalks
Street tights
Traffic Signals
Lands caping
Min. RR Clearance
Access to Adjoin-
DESIGN CRITERIA =
POINSETTIA LANE PROJECT
Roadway Plans 40 scale Horizontal
20 scale Vertical
Bridge Plans shall conform to Caltrans Bridge
Design Manual
102 feet min.
82 feet; 4 lanes · and 18 foot median
30 miles per hour
7 .0%
0 .5%
5 foot min. both sides
Not included
Not included
Shall include fill slopes only
W/0 irrigation system
23 ft. 0 in. Vertical
8 ft. -6 in. Horizontal
ing Property None
17
•' . ~ ~ ' .
1,;Er<CH[Vf\L AND AS!.,lJC 1 f\ 11 ~j, l NC. tt fTE l'JI.MJ Zffl Jfll-J tt l>f\lL: ll/CJ2/D2
PRO,lECT TITLE: M •: I l>hE HI.. CCJl4~:iTl•:lJCT J DI~
PRO,JECT LOCAT JON: C()l<UiJIAD
ITEM
PROJECT MANAGER
ARCH I TECTIJR1➔L
STRUCTURAL
MECHANJCAL
ELECTF: I CAL
CIVIL
U~NDSCAPE
SPEC/REPORT vJFi ITER
TYPIST
COST ESTIMATOR
'TOTAL
PROFESS 1 CJl,JAL
Dt.,JGS MANHDLJRS RATE
0 64 23. (I(>
0 (I l 7. 00
15 190 18.50
(> (I 17. 00
C, (I l 7. 00
7 146 15. (1(1
C, 0 12.00
(I 48 15. (H)
(I 0 o. (>(I
·o 48 15.(10
22 496
TOTAL DIF:ECT
OVERHEAD
TOTAL LABOR ~(
PROFIT
TOTAL SECTION
L SUBSURFACE It-JVEST I G,~T I ON -· 4,400.00
2,50(1.(1(1
480.00
850.00
1,500.00
2. TOF'OGRP1F'H IC SUF:VEY
43. FIELD INVESTIGATION
4. F:EPF:ODUCT I ON
5. OTHER SPECIAL COSTS
6. TRAVEL
TOTAL SECTION 'B'
=
=
=
=
= =
(1.00
9,730.00
COST
1,472.00
(I. (l(l
3,515.00
(>. (1(1
0.00
2, 190. (>(I
0.(10
7~0.0(1
0. 00
720.00
8,617.00
LABOR =
=
OH =
= , (-~ " =
TOTAL DESIGN FEE =
j -E)(!-iiBIT D
•
SUB PROFESSIONAL
MANHOURS RATE COST
(I (l.(10 0.0
(I 11. 00 o. (I
332 11. 00 3,652.0
(> l 1 • 00 o. (l
0 1 l • 00 (I. (l
20(1 11 • (IC, 2~200.(l
(I 9.00 o. (I
(I 1 o. (1(1 o. 0
22 6.50 143.C>
.() 10.00 o. (I
554 63 5,995.0
14,612. (H)
18,995.60
33,607.60
4,032.91
37,640.50
47,370.50