HomeMy WebLinkAboutSouthern California Soil and Testing Inc; 2014-08-18; TRAN1112TRAN1112
AGREEMENT FOR MATERIAL TESTING SERVICES FOR THE CARLSBAD
BOULEVARD ENCINAS DISCHARGE RAILING IMPROVEMENTS PROJECT
SOUTHERN CALIFORNIA SOIL & TESTING, INC.
EEMENT is made and entered into as of the day of
2014, by and between the CITY OF CARLSBAD, a municipal
corporafrq/i,'^ ('''City''), and Southern California Soil & Testing, Inc., a California corporation,
("Cont/
RECITALS
City requires the professional services of a material testing firm that is experienced in
obtaining and evaluating samples for analysis. Contractor has the necessary experience in
providing these professional services, has submitted a proposal to City and has affirmed its
willingness and ability to periderm such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein. City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Sen/ices") that are defined in Exhibit "A", attached and incorporated by this reference in
accordance with the terms and conditions set forth in this Agreement.
2. TERM
This Agreement will be effective for a period of six months from the date first above written.
3. COMPENSATION
The total fee payable forthe Services to be performed will be seven thousand nine hundred ninety
seven dollars ($7,997). No other compensation for the Services will be allowed except for items
covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten
percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit
"A."
4. STATUS OF CONTRACTOR
Contractor will perform the Services as an independent contractor and in pursuit of Contractor's
independent calling, and not as an employee of City. Contractor will be under the control of City
only as to the results to be accomplished.
5. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City 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 negligence,
recklessness, or willful misconduct 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.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost forthe purposes ofthis section, and that this
section will survive the expiration or eariy termination of this Agreement.
City Attorney Approved Version 1/30/13
TRAN1112
6. INSURANCE
Contractor will obtain and maintain policies of commercial general liability insurance, automobile
liability insurance, a combined policy of workers' compensation, employers liability insurance, and
professional liability insurance from an insurance company authorized to transact the business of
insurance in the State of California which has a current rating in the Best's Key Rating guide of at
least A-:VII OR with a surplus line insurer on the State of California's List of Eligible Surplus Line
Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X", in an amount
of not less than one million dollars ($1,000,000) each, unless othenwise authorized and approved
by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding
Professional Liability, which will be written as claims-made coverage. The insurance will be in
force during the life of this Agreement and will not be canceled without thirty (30) days prior written
notice to the City by certified mail. City will be named as an additional insured on General Liability
which shall provide primary coverage to the City. Contractor will furnish certificates of insurance
to the Contract Department, with endorsements to City prior to City's execution of this Agreement.
7. CONFLICT OF INTEREST
Contractor shall file a Confiict of Interest Statement with the City Clerk in accordance with the
requirements ofthe City of Carisbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
8. COMPLIANCE WITH LAWS
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment and will obtain and maintain a City of Carisbad Business License
for the term of this Agreement.
9. TERMINATION
City or Contractor may terminate this Agreement at any time after a discussion, and written notice
to the other party. City will pay Contractor's costs for services delivered up to the time of
termination, ifthe sen/ices have been delivered in accordance with the Agreement.
10. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of
false claims as set forth in the California False Claims Act, Government Code sections 12650, et
sea., and Carisbad Municipal Code Sections 3.32.025, et sea. Contractor further acknowledges
that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this
Agreement.
11. JURISDICTIONS AND VENUE
Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes
between the parties arising out of this Agreement is the State Superior Court, San Diego County,
California.
12. ASSIGNMENT
Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become
due under it, without the prior written consent of City.
13. AMENDMENTS
This Agreement may be amended by mutual consent of City and Contractor. Any amendment will
be in writing, signed by both parties, with a statement of estimated changes in charges or time
schedule.
City Attorney Approved Version 1/30/13
TRAN1112
14. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
SOUTHERN CALIFORNIA SOIL &
TESTING, INC., a California corporation
By:
(sign here)
Neal W. Clements, P.E. - CEO
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
(sign here)
John Kirschbaum, CFO
(print name/titie)
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a corporation. Agreement must be signed by one corporate officer from each of the following
two groups:
Group A.
Chairman,
President, or
Vice-President
Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. ity Attorney
City Attorney Approved Version 1/30/13
EXHIBIT "A"
.C. SOUTHERN CALIFORNIA
H/ SOIL & TESTING, INC.
SBE I SLBE I DVBE I SDVOSB
Corporate Headquarters
6280 Riverdale Street
San Dlego, CA 92120
Toll Free: 877.215.4321
wvw s«l com
July 21, 2014 SCS&T Proposal No. 14-0574
Brandon Miles, P.E., T.E.
Associate Engineer
City of Carlsbad
Publlc Works - Transportation
5950 El Camino Read
Carlsbad, California 92008
Subject: PROPOSAL FOR MATERIALS TESTING SERVICES
CARLSBAD BOULEVARD ENCINAS DISCHARGE RAILING IMPROVEMENTS
CARLSBAD, CALIFORNIA
Dear Brandon:
Southern Califomia Soil & Testing, Inc. (SCS&T) is pleased to present this proposal to provide
materials testing services for the subject project. We understand that the project will consist of
the design and construction of bridge railing on each side of an existing bridge. The existing
structure consists of reinforced concrete double-box culvert that was constructed in 1954.
SCOPE OF WORK
We will core the existing street and bridge deck at seven locations. The cores will extend from
the existing ground sur^ce to the approximate depth of the existing steel reinforcement.
Ground penetrating radar will be used to determine the rebar depth. Three of the cores will be 4
inches in diameter and will be tested for compressive strength in accordance with ASTM C42.
Four of the cores will be 6 inches in diameter and will be tested every 2 inches of core depth for
acid-soluble chloride in accordance with ASTM C1152. The core holes will be filled with
QUIKRETE* concrete and patched with hot-mix asphalt concrete in the top 6 inches
immediately after coring. A right-of-way encroachment pennit from the City of Cartsbad and
traffic control in accordance with the Califomia Manual on Uniform Traffic Control Devices
(CAMUTCD) will be required to perform the coring. We understand the encroachment permit
will be a no-fee permit. The results of our field and laboratory testing will be summarized in a
written report. One electronic copy of the report will be submitted.
FEE
We will provide the outlined scope of work on a time and expense basis. Table 1 presents a
detailed cost estimate. Work beyond the scope outlined in this proposal will be performed on a
time and expense basis using the unit rates in our existing agreement with the City of Carisbad.
An estimated cost of additional work will be prepared for review and approval before any extra
work is undertaken.
SCHEDULE
We will begin our work immediately upon receipt of notice to proceed. We will mark the core
locations and notify Underground Service Alert (USA). USA requires a 48-hour notice before
coring can start. We anticipate that the fieid work can be completed within one week of the
notice to proceed. Laboratory testing can be finished within one week of completing the field
wortc. The final report can be submitted within one vi/eek of completing the laboratory testing.
San Diego Los Angefes Inland Empire Central Valley
city of Carlsbad July 21. 2014
Caristjad Boulevard Encinas Discharge Railing Improvements SCS&T Proposal No. 14-0574
Cartsbad, Califomia Page 2
CLOSURE
We appreciate the opportunity to prepare this proposal and look fonward to vw3ri<ing with you on
this project. If you have any questions regarding this proposal or if we can be of further sen/ice,
please contact me at 619-280-4321.
Respectfully Submitted,
SOUTHERN CALIFORNIA SOIL AND TESTING, INC.
Thomas B. Canady, PE
Senior Engineer
TBC:aw
Attachments: Table 1 - Estimated Costs
(1) Addressee via e-mail at Brandon.Miles@carlSbadca.gov
TABLE 1
ESTIMATED COSTS
MATERIALS TESTING SERVICES
CARLSBAD BOULEVARD ENCINAS DISCHARGE RAIUNG IMPROVEMENTS
CARLSBAD, CALIFORNIA
DESCRIPTION UNIT QUANTITY RATE AMOUNT TOTALS
Field Work - 7 Cores $3,874
Staff Engineer/Geologist - Mark-Out hour 4 $116 $464
Staff Engineer/Geologist - ROW Pennit Preparation hour 2 116 232
Staff Engineer/Geologist - Coring and Sampling hour 8 116 928
Coring Equipment hour 8 126 1,000
Ground Penetrating Radar Equipment allow 750
Traffic Control Equipment altow 500
Laboratory Testing $3,051
Compressive Strength (ASTM C42) test 3 $67 $171
Acid-Soluble Chloride (ASTM Oil62) test 24 120 2,880
Analysis and Report Preparation $1,072
Staff Engineer/Geologist hour 2 $116 $232
Senior Engineer hour 6 140 840
TOTAL PROJECT ESTIMATE $7,997