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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 0 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. '' r /.") ' . '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 > \..,J 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 :c 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 ~-~ I F . ,. . + ; ,.,1 m;.1 1zc1t1on , , IO Days ? Days :C I I '---------------'-----------► N _I __ ) J<&A .. Activity J ?, .. Project location ' I \ ' ' I '·( ' . • I E)(~~~BIT 82 Poinsettia Lane Project Limits k, I - f3'). I fo I r B, ' 2-4' .. ,_ !BI a-4-' ~---~· . I s' i I I I ,. n I I : b.5' '}./.S 1 • 'J/51 nc~--,~========~J\===========~n--. I • E){H!B~T C 1 B' to' 5' ,-..-! I I I . . '· ,J 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