03-0110_LAWSON AND ASSOCIATES GEOTECHNICAL CONSULTING INC._Personal Services AgreementPERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this �d y of
003,
by and between the City of San Juan Capistrano (hereinafter referred to aand
Lawson and Associates Geotechnical Consulting Inc. (hereinafter referred to as
"Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to provide Professional Geotechnical Investigation Services at the Lower Hunt
Club Reservoir site; 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 thirty (30) calendar days
from the effective date of the agreement.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall not exceed
Four Thousand Nine Hundred Sixty dollars ($4,960), as set forth in Exhibit "A," attached
and incorporated herein by reference.
W/Eng/Misc/SteepleChase_leak/Hunt Club Res Geotech PSA.doc
3.2 Rate Schedule.
The services shall be billed to the City at the hourly rate set forth in Exhibit
"A," 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.
W/Eng/Misc/SteepleChase_leak/Hunt Club Res Geotech PSA.doc
Section 6. Chances 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) it has investigated the proposed construction site, including the
location of all utilities, and is aware of all conditions there; and (3) it understands the
facilities, difficulties and restrictions of the work under this Agreement. 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.
3
W/Eng/MisctSteepleChase_leak/Hunt Club Res Geotech PSA.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. Indemni .
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 and for errors and omissions committed by
Consultant arising out of or in connection with the work, operation or activities of
Consultant, its agents, employees and subcontractors in carrying out its obligations under
this Agreement.
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.
4
W/Eng/Misc/SteepleChase_leak/Hunt Club Res Geotech PSA.doc
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;
$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.
W/Eng/MisGSteepleChase_leaWHunt Club Res Geotech PSA.doc
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
14.8 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the
City has issued a written "Notice to Proceed" verifying that Consultant has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City and Consultant shall have the right to terminate this Agreement without cause
by giving 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: Public Works Director
To Consultant: Lawson and Associates Geotechnical Consulting, Inc.
1020 Calle Cordillera
Suite 101
San Clemente, 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.
6
W/Eng/Misc/SteepleChase_leak/Hunt Club Res Geotech PSA.doc
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
0
Manager
CONSULTANT
By: —T L�
Lawson and Associates Geotechnical
Consulting, Inc.
ATTEST:
R. Monahan, City Clerk
APPROVED AS TO FORM:
John R. thaw, City Attorney
7
W/Eng/Misc/SteepleChase_leak/Hunt Club Res Geotech PSA.doc
Lawson & Associates
Geotechnical Consulting, Inc.
December 31, 2002
Revised January 6, 2003
Mr. Peter Salgado
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Project No. 021095-01
Subject. Proposal to Provide Geotechnical Investigation and Recommendations for Subsurface
Water Conditions at Hunt Club Reservoir, in the City of San Juan Capistrano, California
Introduction
In accordance with your request, Lawson & Associates Geotechnical Consulting, Inc. (LGC) is pleased to
provide you with this proposal to provide geotechnical services associated with the claimed subsurface water
conditions near the Hunt Club Reservoir in the city of San Juan Capistrano, California. This proposal has
been prepared based on the scope of services discussed with you during our meeting at the site.
Backeround
Based on the information provided by you, it is our understanding that there has been a claimed buildup of
moisture within the subsurface soils along the northern perimeter of the building located at 30791
Steeplechase Drive. At this point, the owner of the building has suggested that a leak from the reservoir
could be causing this moisture build up. The object of our investigation will be to try to determine if any
detectable water is permeating from the reservoir, and if so, if it is draining properly. The second object of
our investigation will be to evaluate other possible sources of the near surface groundwater.
Scone of Services
• Perform a background review of readily available geotechnical reports for the site (provided by you).
Contact Underground Alert to clear the proposed auger locations.
• Excavate six small -diameter auger borings to a maximum depth of 15 feet, to assess subsurface
conditions.
Sample and collect representative earth materials.
Installation of five to six perforated PVC pipes (one per boring), surrounded by clean, permeable sand
for groundwater -level monitoring.
Assign laboratory tests to a qualified geotechnical laboratory for characterization of the moisture
contents of selected soil samples. (Moisture Content)
Geotechnical interpretation and analysis of field and laboratory data acquired.
One meeting with you to discuss our findings.
• Preparation of a geotechnical letter -report presenting our findings, conclusions, and recommendations.
1020 Calle Cordillera • Suite 101 • San Clemente, CA 92673 • (949) 369.6141 • Fax (949) 369-6142
Assumptions
• No permits will be required for the proposed field investigation by the City of San Juan Capistrano. If
permits are required then the cost of these permits and the time taken to procure the permits will be
considered extra to this contract.
• Access to drill the site will be provided.
Cost
ITEMS
ESTIMATED COSTS
Investigation
Background/Preliminary Work
$ 160.00
Excavation and Supplies
$2,500.00
Laboratory Testing
$ 300.00
Office Preparation
Analysis and Report Preparation
$2,000.00
TOTAL:
$4,960
We propose to perform all of the above-mentioned services on a time -and -materials basis in accordance with
our 2002 Professional Fee Schedule. We estimate that our report will be completed within approximately
three weeks of the completion of field program.
The opportunity of submitting this proposal is sincerely appreciated. If this proposal meets your
requirements, please provide us with the necessary authorization. We are prepared to start once a limited
access drill rig is available after receiving your authorization.
Sincerely,
LAWSON & ASSOMTES GEOTECHNICAL CONSULTING, INC.
Tim Lawson
Principal Engineer/Geologist
TJL)kjb
Attachments: 2002 Professional Fee Schedule
Distribution: (2) Addressee
Project No. 021095-01 Page 2 December 31, 2002
Lawson & Associates
Geotechnical Consulting,2dptPROFESSIONAL FEE SCHEDULE
GEOTECHNICAL SERVICES
For the City of San Juan Capistrano
Professional Billing Rate (ver hour)
OfficeAssistant.......................................................................................................................................
$ 40.00
WordProcessing..........................................................................................................................................40.00
60.00/per day
TechnicianI...................................................................... ...........................................................................
55.00
Technician11................................................................................................................................................65.00
50.00/per day
SeniorField Technician ...............................................................................................................................
70.00
CADOperator.............................................................................................................................................
50.00
StaffEngineer/Geologist.............................................................................................................................
70.00
Senior Staff Engineer/Geologist/Scientist..................................................................................................
80.00
OperationsManager....................................................................................................................................
95.00
ProjectEngineer/Geologist..........................................................................................................................95.00
Associate Engineer/Geologist...................................................................................................................100.00
Principal Engineer/Geologist.....................................................................................................................135.00
Senior Technician Perforating Testing Under Direction of the City of San Juan Capistrano ...................
60.00*
Engineering Equipment
VehicleUsage.............................................................................................................................
$ 5.00/per hour
Tiltmeter, Inclinometer Units.........................................................................................................
60.00/per day
NuclearSoil Gauge.........................................................................................................................
75.00/per day
WaterLevel 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.
1020 Calle Cordillera • Suite 101 • San Clemente, CA 92673 • (949) 369-6141 • Fax (949) 369-6142