02-0908_NEBLETT & ASSOCIATES_Personal Services Agreement1
PERSONAL SERVICES AGREEMENT
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THIS AGREEMENT is made and entered into this-T7ffi day of-AftFi-, 2002, by and
between the City of San Juan Capistrano (hereinafter referred to as the "City") and
Neblett & Associates (hereinafter referred to as "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to provide a Preliminary Geologic/Geotechnical Investigation of the Rancho Viejo
Road Slope Displacement; 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, Proposal and Cost Estimate" 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 July 1, 2002.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall not exceed
Twelve Thousand One Hundred Seventy -Five Dollars ($12.175), as set forth in Exhibit
attached and incorporated herein by reference.
3.2 Rate Schedule.
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The services shall be billed to the City at the hourly rate set forth in Exhibit
"B," 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.
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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) 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 complywith 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.
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All services to be rendered hereunder shall be subject to the direction and approval
of the City.
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 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.
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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 using ISO form CG 20 10 1185 (in no event with an edition date later than 1990)
to the City's General Counsel 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=s General Counsel for certification that the
insurance requirements of this Agreement have been satisfied.
14.6 Notice of Cancel lation/Term!nation 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
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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 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: Director of Administrative Services
To Consultant: Neblett and Associates
4911 Warner Avenue, Suite 218
Huntington Beach, CA. 92649
Section 17. Attorneys' Fees.
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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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
ATTEST:
R. Monahan, City Clerk
TO FORM:
John R. Shaw
CITY gF\SAN JUAT9 CAPISTRANO
\ugh, City Manager
CONSULTANT
115,
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8128101
Neblett&Associates
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Attention: Mr. Joe Mankawich, Associate Engineer
Subject: PROPOSAL AND COST ESTIMATE
Phase 2 - Geologic and Geotechnical Investigation
Rancho Viejo Road Slope
San Juan Capistrano, California
Gentlemen:
1.0 INTRODUCTION
December 26, 2001
Proposal No. 01-995
In accordance with your request, Neblett & Associates, Inc., is pleased to present this proposal
and cost estimate for performing a geologic and geotechnical investigation (Phase 2) for the fill
slope located to the east of Rancho Viejo Road, in the City of San Juan Capistrano, California.
We have also submitted a proposal for the installation of slope inclinometers (Phase 1) for the
subject slope (Our Proposal No. 01-987, dated December 26, 2001).
2.0 PROJECT BACKGROUND
It is our understanding that the existing 25+ ft. high fill slope was designed and constructed at
1H: IV (Horizontal: Vertical) gradient with geogrid reinforcement, to facilitate access during the
construction of the Route 73 Toll Road. Pacific Soils Engineering, Inc. previously perfornied
geologic and geotechnical investigations at the subject site in 1993 and provided preliminary
geotechnical recommendations for the design and construction of the reinforced fill slope. It is
understood that the fill slope was constructed, with construction monitoring provided by others.
The final design and as -built construction details for the reinforced fill slope are not available at
this time.
EXHIBIT "A"
4911 Warner Avenue • Suite 218 • Huntington Beach • CA • 92649 - tel (714)840-8286 • fax (714)840-9796
Proposal and Cost Estimate
Phase) II - Geologic / Geotechnical Investigation
Rancho Viejo Road Slope
San Juan Capistrano, California
December 26, 2001
Proposal No. 01-995
Page 2 of 6
It is understood that a series of cracks have developed in the reinforced fill, parallel to the top of
slope.
During our site visit, significant cracking along the top of and parallel to the slope was observed
at two locations, extending to a distance of approximately 60 feet. Based on our discussions with
the City of San Juan Capistrano, we understand that the City desires to investigate the observed
cracking in order to develop any required remedial actions to prevent potential instability and/or
collapse of the existing slope.
Prior to initiating geotechnical investigations to evaluate the slope stability, installation of slope
inclinometers and a periodic monitoring program are considered desirable by the City to develop
base -line data relative to the performance of the fill slope and to determine if the fill slope and
underlying native soils are experiencing any lateral movements. This work is currently planned
for Phase 1 study.
SCOPE OF SERVICES
The scope of work outlined herein includes geologic and geotechnical engineering services
related to the evaluation of the performance of existing fill slope. Anticipated work items are
summarized below:
Review of previous reports, plans, geologic maps and other site data provided by the
City of San Juan Capistrano and available in our files.
Field exploration consisting of drilling two (2) borings to depths on the order of 30 to
60 feet, utilizing a continuous core drilling rig, sampling of soil and bedrock
materials, and logging of borings by our Field Geologist. Detailed observations and
analyses of the core will be performed in the laboratory. Prior to drilling, the
proposed boring locations should be reviewed and approved by the City of San Juan
Capistrano.
Laboratory testing of representative soil and bedrock materials, including visual soil
classification, in-place moisture content and dry density, grain -size analysis,
maximum density/optimum moisture content, and direct shear tests.
Geologic and geotechnical engineering analyses and evaluation of site data
Neblett & Associates, Inc.
PropoV' and Cost Estimate December 26, 2001
Phase 11 - Geologic / Geotechnical Investigation Proposal No. 01-995
Rancho Viejo Road Slope Page 3 of 6
San Juan Capistrano, California
Slope stability evaluation, including recommendations for possible corrective
measures, as appropriate.
Preparation of a written report, summarizing the results of the investigation, findings,
conclusions and recommendations.
Drilling equipment will need access to the top and toe of slope in order to excavate the borings
for the proposed investigation. The use of a drilling rig on the top of slope will induce some
surcharge loading on the slope. In order to minimize potential adverse effects on the existing
slope area, a continuously cored 6 -inch diameter boring will be excavated, logged, and backfilled
with grout. Every precaution will be taken to minimize the impact of the boring excavations in
the slope area and vicinity.
We require that the City of San Juan Capistrano should indemnify and hold harmless Neblett &
Associates, Inc. and their sub -contractors against any claims resulting from alleged damages to
existing slope and adjacent properties during and or following completion of the field work
described herein.
ESTIMATED COST
The estimated cost for performing the work outlined above is $ 12,175.00. A detailed cost
breakdown, subject to adjustments among the various work items, is shown below:
Task Estimated Cost
1. Data review, project planning, and coordination $ 680.00
2. Field exploration (Drilling, logging, and sampling) $4,220.00
3. Laboratory testing $1,495.00
4. Geologic / Geotechnical engineering analyses / evaluation $5,280.00
5. Report $ 500.00
TOTAL COST: $12,175.00
Neblett & Associates, Inc.
Proposal and Cost Estimate
Phase Il - 6eologic / Geotechnical Investigation
Rancho Viejo Road Slope
San Juan Capistrano, California
December 26, 2001
Proposal No. 01-995
Page 4 of 6
We will not incur any expenditure above the estimated fee shown above without your written
authorization. Actual charges will be invoiced on a time and materials basis in accordance with
our current Fee Schedule, attached. The estimated cost is for performing the scope of work
presented herein. Additional work, if requested, will be charged based on the attached Fee
Schedule.
This work described herein does not include the following:
Preparing responses to review comments from City of San Juan Capistrano or other
regulatory jurisdiction
Meetings
Geologic/Geotechnical services during construction of any mitigation measures.
SCHEDULE
We can start the field services outlined herein within approximately 2 weeks following your
authorization to proceed, subject to equipment and material availability. A final report
summarizing the details of slope inclinometer installation will be provided within approximately
4 weeks following completion of laboratory testing.
CLOSURE
We have enclosed two copies of this proposal. If the scope of work and cost described herein are
acceptable, please return one signed copy of this proposal for our files. Alternately, we would be
receptive to receiving a purchase order for this work from the City, referencing this proposal and
our Fee Schedule.
Neblett & Associates, Inc.
Proposal and' Cost Estimate
Phase II - Geologic / Geotechnical Investigation
Rancho Viejo Road Slope
San Juan Capistrano, California
December 26, 2001
Proposal No. 0l -995
Page 5 of 6
We appreciate the opportunity to present this proposal for the subject project. If you have any
questions or require additional information concerning this proposal, please contact our office.
Sincerely,
NEBLETT & ASSOCIATES, INC.
By
Trevor Myers
Project Engineer
By:
Vas .Sri atsa, Ph.D., P.E., G.E.
Chief Engineer
Attachments: Fee Schedule
Distribution: Addressee (2 copies)
By: r
to en .Strickler, P.E., G.E.
Vice President
Neblett & Associates, Inc.
Proposal and�st Estimate December 26, 2001
Phase 11 - Geolbgic / Geotechnical Investigation Proposal No. 01-995
Rancho Viejo Road Slope Page 6 of 6
San Juan Capistrano, California
AUTHORIZATION
The receipt of this proposal is acknowledged and the scope of work, including the cost for the
proposed geotechnical services outlined herein is acceptable. Neblett & Associates, Inc. is
authorized to proceed with the work in accordance with this proposal.
Signature:
Name:
Title:
Company:
Neblett & Associates, Inc.
Date:
NEBLETT & ASSOCIATES, INC.
FEESCHEDULE
(JULY 2001)
The following schedule presents our rates for professional services. Services other than construction observation and
testing can be contracted on a negotiated
fee basis. Hours for professional and technical services are charged portal-
to-portal from our office. Services during construction, such as testing and observation of grading, may require both
professional and technical services.
Depending on the scope and duration of the construction project, budgets can be
furnished upon request.
TECHNICAL SERVICES
Principal Engineer/Geologist
$125.00/hour Soil Technician $ 55.00/hour
Senior Project Engineer/Geologist
$100.00/hour Drafting $ 50.00/hour
Project Engineer/Geologist
$ 90.00/hour Data Entry $ 25.00/hour
Staff Engineer/Geologist
$ 80.00/hour Report Reproduction $ 35.00/hour
Staff II Engineer/Geologist
$ 70.00/hour Laboratory Technician $ 55.00/hour
Licensed Deputy Inspector
$ 60.00/hour Court Litigation $225.00/hour
Senior Soil Technician
$ 60.00/hour Court Appearances $350.00/hour
Basis of Field Charges:
Field observation/testing: Two Hours Minimum.
Overtime Charges: Time over 8 hours per day, Saturdays, Sundays, and Holidays will be
charged at a rate of 1.25 times regular rate.
_EQUIPMENT
AND INCIDENTAL EXPENSES
Field Vehicle
$ 7.00/hour Hand -drive sampler equipment $ 50.00/day
Nuclear Gauge
$ 5.00/hour Manometer Level $ 50.00/day
Map Reproduction - Bond
$ I.00/sheet Digital Water Level Recorder $ 50.00/day
Map Reproduction - Mylar
$ 2.00/sheet
Report Reproduction
$ 0.30/page
Incidental expenses, such as outside consultant's fees, outside laboratory fees, subcontract services, equipment
rental, aerial photographs, per diem
expenses, additional insured, etc., are reimbursed at cost plus twenty (20)
percent. Laboratory rates do not include
costs associated with sampling (time and equipment) or transportation.
FIELD TESTS
Plate bearing load tests, pile load
tests, geophysical tests, piezometer installations, slope inclinometer installations,
and other special tests will be charged
at standard engineering and personnel rates, plus cost of special equipment.
LABORATORY TESTS
Unified Soil Classification
$ 10.00 Max. Density/Opt. Moisture (ASTM: D1557) $ 110.00
Moisture Content/Dry Density
$ 15.00 Max. Density - California 216 (**)
Moisture Content only
$ 5.00 Direct Shear:
Grain Size (Sand/Silt/Clay)
$ 100.00 Unconsolidated -Undrained (I point) $ 50.00
Grain Size (Sieve Analysis)
$ 50.00 Unconsolidated -Undrained (3 points) $125.00
Atterberg Limits
$ 100.00 Residual, additional charge per point $ 25.00
Sand Equivalent
$ 65.00 Consolidated - Drained (3 points) $300.00
Soil Expansion (UBC 18-2)
$ 80.00 Soil Sample remolding (*) $ 25.00
Load - Swell
$ 100.00 Special Sample Preparation (Coring) $150.00
Soil Sulfate
$ 50.00 Consolidation:
$125.00
Corrosivity (So,, Cl, pH, Resist.)
$ 250.00 Without Time -rate
With Time -rate, additional charge per load $ 25.00
R -Value
$ 350.00
Other Special Tests
(**)
(*) Plus maximum density/optimum moisture test charge
(**) Per Quote
EXHIBIT "B"