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02-0908_NEBLETT & ASSOCIATES_Personal Services Agreement1 PERSONAL SERVICES AGREEMENT w - 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. CADOCUMENTS AND SETTINGS\TREVOR\LOCAL SETTINGS\TfL PORARY INTERNET FILES\OLKA\NEBLETTRVRAGREE.DOC 8/28/01 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. C:\DOCUMENTS AND SETTINGS\TREVOR\LOCAL SETTINGS\j2b1PORARY INTERNET FILES\OLKA\NEBLETTRVRAGREE.DOC 8/28/01 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. CADOCUMENTS AND SETTINGS\TREVOR\LOCAL SETTINGSU3L4PORARY INTERNET FILES\OLKA\NEBLETTRVRAGREE.DOC 8128101 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. C:\DOCUMENTS AND SETTINGS\TREVOR\LOCAL SETTINGSU4MPORARY INTERNET FILES\OLMNEBLETTRVRAGREE.DOC 8/28/01 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 CADOCUMENTS AND SETTINGS\TREVOR\LOCAL SETTINGS\7Sb1PORARY INTERNET FILES\OLKA\NEBLETTRVRAGREE.DOC 8/28/01 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. CADOCUMENTS AND SETTINGS\TREVOR\LOCAL SETTINGSWPORARY INTERNET FILES\OLKA\NEBLETTRVRAGREE.DOC 8/28/01 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. CADOCUMENTS AND SETTINGS\TREVOR\LOCAL SETTINGS\TFYPORARY INTERNET FILES\OLKA\NEBLETTRVRAGREE.DOC 8/28/01 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, C:\DOCUMENTS AND SETTINGS\TREVOR\LOCAL SETTINGSUAPORARY INTERNET FILES\OLMNEBLETTRVRAGREE.DOC 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"