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02-0405_LAWSON AND ASSOCIATES, GEOTECHNICAL CONSULTANTS, INC._Personal Services AgreementPERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of 200 by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Lawson and Associates, Geotechnical Consultants, Inc. (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the review of existing geotechnical reports and provisions of recommendations regarding alternative methods to stabilize the foundation of Terminal No. 2 Reservoir; and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit 'A" attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later than 30 days after the completion of this agreement. Svvke_ ,3pf ot-c 0- . Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed five -thousand three -hundred dollars ($5,300), as set forth in Exhibit "B," attached and incorporated herein by reference. 1 of 7 w\eng\rplc\trmnl_rpr\t2_leak_2001 \agenda\prsl_agr_Lawson_T2_02. doc 3.2 Rate Schedule. The services shall be billed to the City at the hourly rate set forth in Exhibit "C," attached and incorporated herein by reference. Included within the compensation are all the Consultant's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Consultant's proposal. 3.3 Method of Payment. Consultant shall submit monthly invoices based on total services which have been satisfactorily completed and specifying a percentage of projected completion for approval by the City. The City will pay monthly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. 3.4 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. 2 of 7 w\eng\rp1c\trmn1_rpr\t2_leak_2001\agenda\prsl_agr_Lawson_T2_02.doc Section 6. Changes to Scope of Work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the contract period, Consultant shall have delivered to City at least one (1) copy of any final reports and architectural drawings containing Consultant's findings, conclusions, and recommendations with any support documentation. All reports submitted to the City shall be in reproducible format. All services to be rendered hereunder shall be subject to the direction and approval of the City. 3of7 w\eng\rp1c\trmn1_rpr\t2_feak_2001 \agenda\prsl_agr_Lawson_T2_02.doc Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. Consultant agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property as a result of fieldwork performed by the Consultant. Consultant agrees to defend and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities as a result of Consultant's negligent errors and missions as is insurable by Consultant's Professional Errors and Omissions Insurance. Section 14. Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in the following minimum amounts: $500,000 property damage; 4of7 w\eng\rplc\trmnl_rpr\t2_leak_2001 \agenda\prsl_agr_Lawson_T2_02.doc $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Consultant's general liability and umbrella liability policies to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any w 5of7 w\eng\rp1c\trmn1_rpr\t2_leak_2001 \agenda\prs1_agr_Lawson_T2_02.doc Section 15. Termination. City and Consultant shall have the right to terminate this Agreement without cause ring thirty (30) days' advance written notice of termination to the other party In addition, this Agreement may be terminated for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Director of Administrative Services To Consultant: Lawson and Associates Geotechnical Consulting, Inc. 1020 Calle Cordillera, Suite101 San Clement, CA 92673 Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. 0 6 of 7 w\eng\rp1c\trmn1_rpr\t2_leak_2001\agenda\prsl_agr_Lawson_T2_02.doc IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: INV ��.PAMT.,gam —City Clerk APPROVED AS TO FORM: q <�'- John R. t h , City Attorney CITY Qf�SAN JUAN CAPISTRANO CONSULTANT By: LGC -7- Lawson & Associates Geotechnical Consulting, Inc. REQUEST FOR BUDGET AUTHORIZATION FOR GEOTECHNICAL SERVICES FOR CITY OF SAN JUAN CAPISTRANO Work Requested by City: Geotechnical Review of Existing Reports and Provision of Recommendations Regarding Alternative Methods to Stabilize the Foundation of Terminal No. 2 Reservoir. Estimated Task Required for Review: - Review geotechnical portion of T2 proposals - Geotechnical review of construction plans and geotechnical reports by Professional Services Industries Inc and Geomatrix ($1.850). - Research on alternate foundation improvement system(s) which will limit future distress ($1,350). - Provide Rreliminary recommendations, feasibility, and approximate cost for each alternative(s) - Prepare a letter outlining our findings and recommendations ($500). - Meet with representatives of the City of San Juan Capistrano to discuss our findings ($400). Note: Additional fieldwork and/or office analysis will be necessary prior to implementing any Estimated Total Cost: Lawson & Associates Geotechnical Consulting, Inc. (LGC) will proceed with the above tasks upon receipt of your authorization below, in accordance with our services contract with the City of San Juan Capistrano. All services will be billed on a time -and -material basis and will not exceed the total estimated cost without your prior authorization. Actual tasks may vary. Please sign and return one copy of this authorization and retain one copy for your records. We appreciate the opportunity to be of service. LGC Representative Dennis Boratynec 0 (Name) (Signature) ate) City of San Juan Capistrano Representative Mr 1020 Calle Cordillera • Suite 101 • San Clemente, CA 92673 • (949) 369-6141 • Fax (949) 369-6142 EXHIBIT A Lawson & Associates Geotechnical Consulting, Inc. 2002 PROFESSIONAL FEE SCHEDULE GEOTECHNICAL SERVICES For the City ofSan Juan Capistrano Professional Billine Rate Luer hour) OfficeAssistant.................................................................................................................. $ 40.00 WordProcessing..................................................................................................................... 40.00 TechnicianI............................................................................................................................ 55.00 TechnicianII........................................................................................................................... 65.00 Senior Field Technician.......................................................................................................... 70.00 CADOperator........................................................................................................................ 50.00 StaffEngineer/Geologist......................................................................................................... 70.00 Senior Staff Engineer/Geologist/Scientist............................................................................... 80.00 OperationsManager................................................................................................................ 95.00 Project Engineer/Geologist..................................................................................................... 95.00 Associate Engineer/Geologist...............................................................................................100.00 Principal Engineer/Geologist................................................................................................135.00 Senior Technician Performing Testing Under Direction of the City of San Juan Capistrano........ 60.00* Em Eineerine Equipment VehicleUsage......................................................................................................... $ 5.00/per hour Tiltmeter, Inclinometer Units......................................................................................60.00/per day Nuclear Soil Gauge.....................................................................................................75.00/per day Water Level Sounder..................................................................................................50.00/per day Portable Generator......................................................................................................50.00/per day Manometer...............................................................................................................$50.00/per day Other Monitoring Equipment..................................................................................... Upon Request * With Gauge and Vehicle Terms and Conditions Expert witness testimony, depositions, or mediation conferences, will be billed at 2.0 times the basic billing rate. * There are no overtime charges for geologists and engineers. Technicians will be billed at $100 for overtime. * Invoices are rendered monthly, payable upon receipt. * A retainer of 50% of the fee is required for projects with a total estimated fee of $3,000.00 or less. The balance is due upon report delivery. * Proposals are valid for 30 days, unless otherwise stated. * Heavy equipment, subcontractor fees and expenses, supplemental insurance, travel, shipping, reproduction, and other reimbursable expenses will be invoiced at cost, plus 15%, unless billed directly to, and paid by client. * 30% of the fee for field studies will be invoiced immediately upon authorization to cover equipment and mobilization costs. Client agrees to provide all information in Client's possession about the actual or possible presence of buried utilities and hazardous materials on the site, and agrees to reimburse Lawson & Associates for all costs related to their unanticipated discovery. 1020 Calle Cordillera * Suite 101 * San Clemente, CA 92673 * (949) 369-6141 * Fax (949) 369-6142 EXHIBIT B Laboratory Charees Test MoistureContent........................................................................................... Moisture and Density (ring samples).............................................................. Moisture and Density (shelby tube)................................................................ Maximum Dry Density (optimum moisture content) ...................................... Maximum Density Checkpoint....................................................................... Moisture and Density (chunk samples)........................................................... Specific Gravity — Fine Aggregate................................................................. Specific Gravity — Coarse Aggregate............................................................. SieveAnalysis............................................................................................... Hydrometer Analysis..................................................................................... Sieve and Hydrometer Analysis..................................................................... Percent Passing No. 200 Sieve....................................................................... LiquidLimit.................................................................................................. Liquid Limit and Plastic Limit....................................................................... Liquid Limit — Non Plastic (lpt).................................................................... SandEquivalent............................................................................................. ExpansionIndex............................................................................................ Direct Shear (undisturbed)............................................................................. Direct Shear (remolded)................................................................................. Direct Shear (remolded or undisturbed slow) ................................................. SinglePoint Shear.......................................................................................... TorsionalShear.............................................................................................. Consolidation (w/o time rate)......................................................................... CollapseTest................................................................................................. w/time rate, add (per increment)............................................................... w/extra load, add (per load)...................................................................... R -Value (untreated)....................................................................................... R -Value (treated)........................................................................................... CBR (untreated) per point.............................................................................. SulfateContent.............................................................................................. pH.................................................................................................................. Rate ............................... $ 8.00 ..................................15.00 ..................................45.00 ................................125.00 .................................. 50.00 ..................................46.00 .................................. 50.00 ..................................48.00 ..................................50.00 .................................. 70.00 ................................100.00 ..................................37.00 ..................................48.00 .................................. 83.00 .................................. 90.00 .................................. 50.00 ................................100.00 ................................110.00 ................................130.00 ................................160.00 .................................. 50.00 ................................350.00 ................................160.00 ..................................70.00 .................................. 30.00 ..................................25.00 ................................175.00 ................................175.00 ................................130.00 ..................................40.00 .................................. 20.00 Triaxal testing, residual shear testing, permeability, abrasion, and special testing will be charged at hourly rates. Materials testing fees and additional laboratory testing fees will be provided upon request. Laboratory samples will be maintained for 90 days. A monthly storage fee of $2.50 per bag/$1.00 per ring will assessed if longer storage is required. Requested weekend testing and RUSH tests may be provided to Clients upon requests and additional charges will be determined on a project -by -project basis.