Item 17 - Approval of Engineering Agreement between City/RDA and SoCal Soil and Testing
AGENDA REPORT SUMMARY
~
~
TO:
FROM:
Honorable ~'~ior and Members of City Council
Honorable Chairman and Members of the
Redevelopment Agency
J~s l. Bowersox, City Mana~
Executive Director
INITIATED BY:
John D. Fitch, Assistant City Manager
Mark S. Weston, Director of Engineering Service~
Kipp Hefner, Associate Civil Engineer ~
June 6, 1995
DATE:
SUBJECf:
Approval of an Engineering Agreement between the City of Poway/Poway
Redevelopment Agency and Southern California Soil and Testing for
Geotechnical Services for Fiscal Year 1995-96
ABSTRACf
The City of Poway and the Poway Redevelopment Agency have contracted with Southern
California Soil and Testing for geotechnical and other related services for several
years. Staff has negotiated a one year contract for Fiscal Year 1995-96 which allows
two one-year extensions.
ENVIRONMENTAL REVIEW
This action is administrative in nature and not subject to CEQA review.
FISCAL IMPACf
This contract has no increase in engineering hourly rates over FY 95-96. Engineering
fees for Southern California Soil and Testing will be borne by the City or Poway
Redevelopment Agency for capital improvement projects.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Michael Wheeler, Vice President, Southern California Soil and Testing.
RECOMMENDATION
It is recommended that the City Council/Redevelopment Agency approve the one-year
contract with Southern California Soil and Testing for FY 1995-96.
ACTION
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JUN 6 1995 ITEM 17 ,~
.~ AGENDA REPOR""-
CITY OF POW A Y
This report is included on the Consent Calendar. There will be no separate discussion of the report prior to approval by the
City Council unless members of the Council. staff or public request it to be removed from the Consent Calendar and
discussed se~rMety.lf you with to have this report pulled for discussion. please fill out a slip indicating the report number
and give it to the City Cleric. prier to the beginning of the City Council meeting.
DATE:
SUBJECT:
Honorable Mayor and Members of City Council
Honorable Chairman and Members of the
Redevelopment Agency
James L. Bowersox, City Manager/Executive Dire~
John D. Fitch, Assistant City Manager ~
Mark S. Weston, Director of Engineering.Servic~
Kipp Hefner, Associate Civil Engineer~~
June 6, 1995
Approval of an Engineering Agreement between the City of
Poway/Poway Redevelopment Agency and Southern California
Soil and Testing for Geotechnical Services for Fiscal Year
1995-96
TO:
FRO":
INITIATED BY:
BackGround
The City of Poway and the Poway Redevelopment Agency have contracted for
geotechnical services with Southern California Soil and Testing for
geotechnical and other related services for several years. Staff has
negotiated a one year contract for Fiscal Year 1995-96 which allows two one-
year extensions.
FindinGs
Southern California Soil and Testing has provided the City of Poway and the
Poway Redevelopment Agency with contract geotechnical services since 19B8.
During Southern California Soil and Testing's relationship with the City,
they have proven capable of providing professional geotechnical services
encompassing a wide variety of areas at a competitive rate.
Staff has negotiated a one-year contract which provides no fee increases over
FY 9S-96. Included in the contract is a provision for two one-year extensions
which will allow negotiation of hourly rates. Staff recommends approval of an
engineering agreement with Southern California Soil and Testing.
Environmental Review
This action is administrative in nature and is not subject to CEQA review.
ACTION:
l>l
2 nf 1 h
Approval of an Engineering Agre. Jnt between the City of PowIVlPowlV Redevelop, It Agency and Southern California
Soil and Testing for Geotechnical Sennc.. for Fiscal Vear 1995-96
City Council Agenda - June 6, 1995
Pege 2
Fiscal ImDact
This contract has no increase in engineering hourly rates over FY 95-96.
Engineering fees for Southern California Soil and Testing will be borne by
the City or Poway Redevelopment Agency for capital improvement projects.
Public Notification and CorresDondence
Michael Wheeler, Vice President, Southern California Soil and Testing.
Recolllllendation
It is recommended that the City Council/Redevelopment Agency approve the new
one-year contract with Southern California Soil and Testing for FY 1995-96.
JLB:JDF:MSW:KH:pc
Attachments:
A - Southern California Soil and Testing Agreement
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STANDARD AGREEMENT FOR CONSUL TANT SERVICES
This Agreement. entered into this 6th day of JUNE. 1995, by and between the
CITY OF POWAY (hereinafter referred to as .CITY") and the POWAY
REDEVELOPMENT AGENCY (hereinafter referred to as "Agency.) and SOUTHERN
CALIFORNIA SOIL AND TESTING. INC. (hereinafter referred to as "Consultant").
RECITALS
WHEREAS, CITY and AGENCY desires to obtain the services of a private
consultant to perform as-needed GEOTECHNICAL services; and
WHEREAS, CONSULTANT is a(n) GEOTECHNICAL consultant and has
represented that CONSULT ANT possesses the necessary qualifications to provide
such services; and
WHEREAS. CITY and AGENCY has authorized the preparation of an agreement
to retain the services of CONSULTANT as hereinafter set forth.
NOW, THEREFORE. IT IS MUTUAllY AGREED THAT CITY and AGENCY DOES
HEREBY RETAIN CONSULTANT ON THE FOllOWING TERMS AND CONDITIONS:
1. ScoDe of Services.
Consultant shall provide services as described in Exhibit . A" entitled
.Special Provisions" attached hereto and made a part hereof.
2. ComDensation and Reimbursement.
City and Agency shall compensate and reimburse Consultant as provided in
Exhibit" A" entitled "Special Provisions. attached hereto and made a part hereof.
3. Term of Aareement.
The term of this Agreement shall be as described on Exhibit. A. entitled
.Special Provisions. attached hereto and made a part hereof.
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4. Termination.
This Agreement may be terminated with or without cause by City and
Agency. Termination without cause shall be effective only upon 60-day written notice
to Consultant. During said SO-day period Consultant shall perform all consulting
services in accordance with this Agreement. This Agreement may be terminated by
City and Agency for cause in the event of a material breach of this Agreement,
misrepresentation by Consultant in connection'Nith the formation of this Agreement
or the performance of services, or the failure to perform services as directed by City
and Agency. Termination for cause shall be effected by delivery of written notice of
termination to Consultant. Such termination shall be effective upon delivery of said
notice.
5. Confidential RelationshiD.
City and Agency may from time to time communicate to Consultant certain
information to enable Consultant to effectively perform the services. Consultant shall
treat all such information as confidential, whether or not so identified, and shall not
disclose any part thereof without the prior written consent of City and Agency.
Consultant shall limit the use and circulation of such information, even within its own
organization, to the extent necessary to perform the services. The foregoing
obligation of this Paragraph 5, however, shall not apply to any part of the information
that (i) has been disclosed in publicly available sources of information;1 (ii) is, through
no fault of Consultant, hereafter disclosed in publicly available sources of information;
(iii) is now in the possession of Consultant without any obligation of confidentiality;
or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but
only to the extent that the use or disclosure thereof has been or is rightfully
authorized by that third party.
Consultant shall not disclose any reports, recommendations, conclusions
or other results of the services or the existence of the subject matter of this contract
without the prior written consent of the City and Agency. In its performance
hereunder, Consultant shall comply with all legal obligations it may now or hereafter
have respecting the information or ocher property of any other person, firm or
corporation.
6. Consultina Services Provided to Others.
Consultant shall not represent any other client, public or private, in
addition to City and Agency during the term of this Agreement unless Consultant first
obtains the express written consent of City and Agency.
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7. Office SDace and Clerical SUDDOrt.
Consultant shall provide its own office space and clerical support at its
sole cost and expense.
8. Covenant Aoainst Continaent Fees.
Consultant declares that it has not employed or retained any company
or person, other than a bona fide employee working for Consultant, to solicit or secure
this Agreement, that it has not paid or agreed to pay any company or person, other
than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or
any other consideration, contingent upon or resulting from the award or making of the
Agreement. For breach of violation of this warranty, City and Agency shall have the
right to annul this Agreement without liability, or, at its sole discretion, to deduct from
the Agreement price or consideration, or otherwise recover the full amount of such
fee, commission, percentage, brokerage fee, gift or contingent fee.
9. OwnershiD of Documents.
All memoranda, reports, plans, specifications, maps and other documents
prepared or obtained under the terms of this Agreement shall be the property of City
and Agency and shall be delivered to City and Agency by Consultant upon demand.
10. Conflict of Interest and Political Reform Act Obliaations.
During the term of this Agreement Consultant shall not act as consultant
or perform services of any kind for any person or entity whose interests conflict in any
way with those of the City and Agency. Consultant shall at all times comply with the
terms of the Political Reform Act and the local conflict of interest ordinance.
Consultant shall immediately disqualify itself and shall not use its official pOSition to
influence in any way any matter coming before the City and Agency in which the
Consultant has a financial interest as defined in Government Code Section 87103.
Consultant represents that it has no knowledge of any financial interests which would
require it to disqualify itself from any matter on which it might perform services for
the City and Agency.
Consultant shall comply with all of the reporting requirements of the
Political Reform Act and local ordinance. Specifically, Consultant shall file Statements
of Economic Interest with the City Clerk of the City of Poway in a timely manner on
forms which Consultant shall obtain from the City Clerk.
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11. No Assien - na.
Neither any part nor all of this Agreement may be assigned or
subcontracted, except as otherwise specifically provided herein, or to which City and
Agency, in its sole discretion, consents to in advance thereof in writing. Any
assignment or subcontracting in violation of this provision shall be void.
'2. MIIntenance of Recordl.
Consultant shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence'pertaining to costs incurred and shall
make such materials available at its office at all reasonable times during the contract
period and for three (3) years from the date of final payment under this Agreement,
for inspection by City and Agency and copies thereof shall be furnished, if requested.
13. IndeDendent Contractor.
At all times during the term of this Agreement, Consultant shall be an
independent contractor and shall not be an employee of the City of Po way or Agency.
City and Agency shall have the right to control Consultant only insofar as the results
of Consultant's services rendered pursuant to this Agreement; however, City and
Agency shall not have the right to control the means by which Consultant
accomplishes
14. licenses. Permits. Etc.
Consultant represents and declares to City and Agency that it has all
licenses, permits, qualifications, and approvals of whatever nature that are legally
required to practice its profession. Consultant represents and warrants to City and
Agency that Consultant shall, at its sole cost and expense, keep in effect at all times
during the term of this Agreement, any license, permit, or approval which is legally
required for Consultant to practice its profession.
15 . Consultant's Insurance.
Consultant shall provide insurance as set forth in Exhibit . A. entitled
.Special Provisions. attached hereto and made a part hereof.
16. liability.
Notwithstanding any other provIsion contained in this Agreement,
Consultant shall be responsible for all injuries to persons and for all damage to real or
personal property of City and Agency or others, caused by or resulting from the
wrongful act or negligent acts, errors, or omissions of itself, its employees, or its
agents during the progress of, or in connection with, the rendition of services
hereunder. Consultant shall hold harmless and indemnify City and Agency, and all
officers and employees of City and Agency from all costs and claims for damages to
real or personal property, or personal injury to any third party, including reasonable
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attorney fees resultir from the negligent performance r "';onsultant, its employees,
or its agents, under ,..IS Agreement.
17 . Consultant Not an Aaent.
Except as City and Agency may specify in writing, Consultant shall have
no authority, expressed or implied, to act on behalf of City and Agency in any
capacity whatsoever as an agent. Consultant shall have no authority, expressed or
implied, pursuant to this Agreement to bind City and Agency to any obligation
whatsoever.
18. Personnel.
Consultant shall assign qualified and certified personnel to perform
requested services. The City and Agency shall have the right to review and
disapprove personnel for assignment to Po way projects.
City and Agency shall have the unrestricted right to order the removal of
any person(s) assigned by Consultant by giving oral or written notice to Consultant
to such effect.
Consultant's personnel shall at all times comply with City's and Agency's
drug and alcohol policies then in effect.
19. Notices.
Notices shall be given as described on Exhibit . A. entitled .Special
Provisions. attached hereto and made a part hereof.
20. Arbitration.
In the event of a dispute between City and Agency and Consultant
concerning the terms of this Agreement or its performance, the parties agree to
submit such dispute to arbitration before the American Arbitration Association or other
mutually acceptable arbitrator. In the event that the subject of such arbitration is
compensation claimed by Consultant in the event of termination, Consultant's
damages shall be limited to compensation for the 50-day period for which Consultant
would have been be entitled to receive compensation if terminated without cause.
In the event of arbitration, each party shall bear its own attorneys' fees and costs
incurred.
21. Gender.
Whether referred to in the masculine, feminine, or as .it,. .Consultant"
shall mean the individual or corporate consultant and any and all employees of
consultant providing services hereunder.
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22. Entire Aareement.
This Agreement shall constitute the entire understanding between
Consultant and City and Agency relating to the terms and conditions of the services
to be performed by Consultant.
IN WITNESS WHEREOF. the parties hereto have duly executed this Agreement
on the date first above written.
Dated:
CITY OF POWAY REDEVELOPMENT AGENCY
By:
James L. Bowersox
City Manager/Executive Director
Dated:
572. J / '1 j-
, I
~~
By:
Charles H. Christian
President
POW.Y Red.....lopm.nt Ag.ncy
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Agency.
services.
.SPECIAL PROVISIONS.
EXHIBIT. A.
A.
SeoDll of Services.
Consultant agrees to perform consulting services as required by City and
Consultant shall provide the necessary qualified personnel to perform the
In performance of the services Consultant shall:
1 . Prepare preliminary soils report which shall include the following
tests:
A. USCS soil classification
B. R-Value
C. Shear Strength
D. Slope Stability
E. Grain Size Distribution (Sieve Analysis-ASTM 0422)
F. Maximum Density/Optimum Moisture (ASTM 01 557)
G. Plasticity Index (ASTM 424)
H. Resistivity and PH
I. Seismic Testing
J. Expansive Potential (UBC 29-2)
K. Collapse Potential
L. Consolidation (ASTM 02435)
2. Perform the following Aggregate Tests:
A. Sieve Analysis, Coarse (ASTM C136)
B. Sieve Analysis, Fine (ASTM C136)
C. Percent Passing Sieve #200 (ASTM Cl17)
D. Specific Gravity, Coarse (ASTM C127)
E. Specific Gravity, Fine (ASTM C128)
F. Abrasion by L.A. Ranier (ASTM C131)
G. Durability Index ICal 229)
H. Sand Equivalent (Cal 217)
3. Perform the following Asphalt Concrete Tests:
A. Maximum Bulk Specific Gravity (Cal 308)
B. Maximum Theoretical Specific Gravity (ASTM 02041 )
C. Extraction/Gradation (ASTM 02172)
D. Sieve Analysis Extracted Aggregate (ASTM 02172)
E. Percent Bitumen (ASTM 02172)
F. Stabilometer (Cal 304)
G. Percent Swell (Cal 305)
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4. Perf~ the following Concrete Tests: -
A. 2S-Day Compressive Strenglh (ASTM C39)
B. Slump Test
5. Perform the following Masonry Tests:
A. Compressive Strength, Block S" x S" x 16"
(ASTM C140)
B. Compressive Strength, Prisms S" x 16" x S" or
smaller.
C. Compressive Strength, Prisms Larger than
S" x 16" x S" (ASTM E447)
D. Compresssive Strength, Grout (UBe 24-26)
(ASTM E447)
E. Compressive Strength, Mortar (UBC 21-16)
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B. Comoensation and Reimbursement.
City and Agency shall pay Consultant a fee as follows: COMPENSATION
SHALL BE BASED ON THE CONTAINED FLAT FEE IN EXHIBIT "B". Consultant's fee
shall include and Consultant shall be responsible for the payment of all federal, state,
and local taxes of any kind which are attributable to the compensation received.
In addition to said consulting fee, Consultant shall be reimbursed for all
reasonable expenses, including lodging, telephone, and travel (air, auto, rail)
necessarily incurred in performance of the services. Consultant shall bill City and
Agency for such expenses as incurred, referencing this Agreement. All expenses shall
be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars
($25.00). Statements for reimbursement of expenses shall be paid within ten (10)
days of approval by City and Agency. All air travel shall be billed at coach or special
fare rates. Only lodging outside San Diego County shall be reimbursable. Consultant
shall receive prior authorization for air travel and lodging expenses. All other expenses
shall be reimbursed in accordance with City's and Agency's cash disbursement
policies in effect at the time incurred.
C. Term of Aareement.
This Agreement shall be effective from the period commencing JULY 1,
1995 and ending JULY 1, 1996 with the provision to mutually extend the contract
with two one-year extensions, unless sooner terminated by City and Agency as
provided in the section of this Agreement entitled "Termination." Upon expiration or
termination of this Agreement, Consultant shall return to City and Agency any and all
equipment, documents or materials and all copies made thereof which Consultant
received from City and Agency or produced for City and Agency for the purposes of
this Agreement.
D. Consultant's Insurance.
1. Coveraaes:
Consultant shall obtain and maintain during the life of this
Agreement all of the following insurance coverages:
(a). Comorehensive General Liabilitv, including premises-
operations, products/completed, broad form property damage, and blanket
contractual liability with the following coverages:
General Liability .................. $ 500,000 per person per
occurrence/
. $1,000,000 aggregate per
occurrence
$500,000 property damage per
occurrence
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(b) Automobile Liabilitv, including owned, hired, and non-owned
vehicles with the following insurance coverages:
Auto Liability ... . . . . . . . . . . . . . . . . . $ 500,000 per person per
occurrence/
. . .$1,000,000 aggregate per
occurrence
$100,000 property damage per
occurrence
(c) Consultant shall obtain and maintain, during the life of the
Agreement, a policy of Professional Errors and Omissions Liabilitv Insurance
with policy limits of not less than $1,000,000.00 combined single limits, per
claim and annual aggregate.
(d) Workers' Comoensation insurance in statutory amount. All
of the endorsements which are required above shall be obtained for the policy
of Workers' Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the
following three provisions:
(a) Additionallnsured. (Not required for Professional Errors and
Omissions Liability Insurance or Workers' Compensation.)
"THE CITY OF POWAY and the PO WAY REDEVELOPMENT
AGENCY and its elected and appointed boards, officers, agents, and employees are
additional insureds with respect to this subject project and contract with City and
Agency. "
(b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty
(30) days after written notice is given to City and Agency."
(cl PrimarY Coveraoe.
"The pOlicy provides primary coverage to City and Agency and its
elected and appointed boards, officers, agents, and employees. It is not secondary
or in any way subordinate to any ather insurance or coverage maintained by City and
Agency. "
3. Insurance Certificates:
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Consulta shall provide City and Agency ertificates of insurance
showing the insurance coverages described in the paragraphs above. in a form and
content approved by City and Agency, prior to beginning work under this Agreement.
E. No1le8s.
AU notices, billings and payments hereunder shall be in writing and sent
to the following addresses:
To
Director:
Poway Redevelopment Agency
City of Po way
13325 Civic Center Drive
P.O. Box 789
Poway, CA 92074
To Consultant:
Southern California Soil & Testing
6280 Riverdale Street
San Diego, CA, 92120
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EXHIBIT B
SOUTHERN CALIFORNIA SOIL & TESTING, INC.
SCHEDULE OF UNIT RATES
FISCAL YEAR 1995-96
PROFESSIONAL SERVICES:
Principal Engineer/Principal Biologist $100
Senior Engineer/Senior Geologist (Registered) 80
Staff Engineer/Staff Geolist 65
Expert Witness Testimony 225
Engineering Field Technician w/ Nuclear Density Gauge $55
Engineering Field Technician w/ Mobile Soils Laboratory 55
Engineering Field Technician w/ Ultrasonic Equipment 50
Engineering Field Technician 42
Engineering Laboratory Technician 42
Coring Asphalt or Concrete $80
Drafting 45
Word Processing 30
Sample Pick Up (San Diego County) 30
LABORATORY TESTING:
Classification (USCS)
Plasticity Index (ASTM D424)
Sieve Analysis, Washed (ASTM 0422)
Maximum Density/Optimum Moisture 4" mold (ASTM D1557)
Maximum Density/Optimum Moisture 6" mold (ASTM D1557)
Natural Density, Ring Samples
Natural Density, Chunk Samples
One Dimension Consolidation, per point (ASTM D2435)
Expansion Index (UBC 29-2)
Direct Shear, Three Points, Normal Speed
Direct Shear, Two Points, Slow Speed
Resistivity and pH
Sieve Analysis, Coarse (ASTM C136)
Sieve Analysis, Fine Washed (ASTM C136)
Percent Passing Sieve #200 (ASTM C117)
Specific Gravity, Coarse (ASTM C 127)
Specific Gravity, Fine (ASTM C128)
Abrasion by L.A. Rattler (ASTM C131)
Durability Index (Cal 229)
Sand Equivalent (Cal 217)
Maximum Bulk Specific Gravity (Cal 308)
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$115
75
42
115
125
17
23
25
90
95
170
95
$25
45
35
25
30
120
110
50
$65
Maximum Theoretica .Jecific Gravity (ASTM 02041)
Extraction/Gradation (ASTM 02172)
Sieve Analysis Extracted Aggregate (ASTM 02172)
Percent Bitumen (ASTM 02172)
Stabilometer (Cat 304)
Percent Swell (Cat 305)
65
120
45
75
70
55
Compressive Strength, 6"xl r Cylinders (ASTM C39)
Compressive Strength, Core (Excluding Preparation)
$12
20
Compressive Strength, Block S"xS"x16" (ASTM Cl40) $2S
Compressive Strength, Prisms S"x16"xS" or smaller 70
Compressive Strength, Prisms Larger than S"x16"xS" (ASTM E44 7)95
Compressive Strength, Grout 3"x3"x6" (UBC 24-26) (ASTM E447) 14
Compressive Strength, Mortar 2"x4" (UBC 21-16) 12
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