06-1121_PSOMAS_Personal Services Agreement0
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PERSONAL SERVICES AGREEMENT
THIS A IREEMENT is made and entered into this day of
/ 2006, by and between the City of San Juan Capistrano (hereinafter
referred to as the "City") and PSOMAS, (hereinafter referred to as "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant for the Assessment
of Additional Ground Water Recovery Plant Well Sites; 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," Described as PSOMAS's Proposal to Install, Develop and
Conduct a Production Test of Two Pilot Wells that will be used for Design of Production
Wells for the City of San Juan Capistrano," dated September 20, 2006, 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 120 days from the date of
Notice to Proceed.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall not exceed
Ninety Thousand Three Hundred Dollars ($90,300.00) as set forth in Exhibit "A."
3.2 Rate Schedule.
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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.
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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 observable utilities, and is aware of all observable 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.
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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. City's reuse of such materials on a project other than the
Recycled Water Supply System shall be at the City's sole risk.
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 to the extent resulting form the
negligent or other wrongful acts, 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.
Consultants liability hereunder shall be limited to the grater of Consultant's fee or
$50,000.
Section 14. Insurance.
Insurance required herein shall be valid for a minimum of one year, or term of
contract, whichever is longer, and it 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. If subject to a general aggregate, such aggregates
shall be at least $1,000,000.
14.2 Comprehensive Automobile Liability.
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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 Clerk of the Board'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.
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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: PSOMAS
3187 red Hill Avenue
Costa Mesa, CA 92626
Attn: John R. Thornton, Vice President / Principal
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 where the amount in controversy does not exceed the
greater of the consultants fee or $50,000 arising between the parties regarding
performance or interpretation of this Agreement, the dispute shall be resolved by
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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.
APPROVED AS TO FORM:
Q4- ��
John R. Taw,
City Attorney
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CITY OF SAN JUAN CAPISTRANO
By: `.Z��,ZZ
David werdlin, Payor
CONSULTANT
By:
A—
Un R. Thornton,
Vice President / Principal
Information and Engineering Solutions
September 20, 2006- - --
Mr. Eric Bauman
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Re: Proposal to Install, Develop and Conduct a Production Test of Two Pilot Test
Wells that will be used for Design of Production Wells for the City of San Juan
Capistrano, California.
Dear Mr. Bauman:
Psomas is pleased to submit this proposal to install, develop and conduct a production test of
two pilot wells in the City of San Juan Capistrano (CSJC), California. This proposal is based
on your e-mail dated August 30, 2006 requesting test borings at the Ricardo and North Cooks
well sites. In addition, CSJC requested a potential yield evaluation for two other sites
referred to as MW -07 and South Cooks well sites.
BACKGROUND
In an effort to enhance groundwater production in the lower San Juan Creek groundwater
basin, the CSJC is seeking suitable sites to expand existing production. Two potential sites
have been selected and include a location near existing San Juan Basin Authority (SJBA)
monitoring well MW -07 referred to as the Ricardo Well site and another well located near
existing SJBA monitoring well MW -04. Psomas' understanding is that the CSJC wishes to
develop test borings in these areas to evaluate the suitability of these sites for a full size
production wells. In addition, the CSJC wishes to evaluate other sites in proximity to the
existing SJBA monitoring wells (MW -07 & MW -04) to assess if these locations could be
used as alternative production well locations.
APPROACH
Psomas has evaluated the existing conditions at each of these sites and preliminary
indications are that high production zones may be present. However, the high production
zones typically include high permeability zones composed of gravels, cobbles and boulders
that create difficult drilling conditions for most conventional drilling technologies.
3187 Had Hill Avenue
Suite 250
Costa Mesa, CA 92820
714.751.7373
EXHIBIT "A" 714.5458883 Fax
www.psomas.com
PSOMAS
Proposal to Install, Develop and Conduct a Production Page 2 of 7
Test of Two Pilot Test Wells for City of San Juan Capistrano September 20, 2006
Most drilling technologies that are capable of advancing in these types of conditions typically
use drilling fluids composed of bentonite. The use of bentonite generally requires extended
development time to remove the drilling fluids in order to assess the true production
capability of the zone being evaluated. Psomas proposes to advance the borings using an
advanced drilling technology that does not use a circulating medium and can penetrate
gravels, cobbles and boulders. The technique, RotaSonic, employs a high frequency
vibration to the drilling shoe to advance an 8 to 10 -inch casing. A continuous core of soil is
extracted as the casing is advanced providing a good understanding of the geology and
corresponding production capability of each zone encountered as the boring is progressed.
Upon reaching the desired depth (bedrock), the boring can be abandoned or can be completed
as a pilot test well to conduct further evaluations. Psomas proposes to complete the two test
borings into 4 to 5 -inch diameter pilot test wells and conduct a single well aquifer test using a
submersible pump. Preliminary estimates (using a transmissivity of 45,000 gpd/ft) indicate
that a 4 to 5 -inch pilot test well would be capable of 100 gpm and should experience a
drawdown of approximately 1-2 feet over a four hour test period (assuming a fully
penetrating aquifer).
The tests can be evaluated and calculations can be made concerning full scale production
wells including anticipated drawdown and production rate. If the location is selected for a
full scale production well, the pilot well could be used as a monitoring well during
development and testing of the full scale production well.
SCOPE OF SERVICES
Task 1 —Well Permits and Mobilization
Psomas will obtain well permits from the Orange County Environmental Health for the
installation of the pilot test wells. The proposed well locations will be marked and Psomas
will notify Underground Service Alert (USA) at least 48 hours prior to drilling.
Task 2 — Well Installation and Development
Psomas proposes to advance and install two pilot test wells at the locations indicated in
Figures 1 & 2. The wells will be advanced using a truck -mounted Rota -Sonic drill rig.
Formation samples will be collected continuously for purposes of describing the local soils
and geology and will be logged in accordance with the Unified Soil Classification System.
PSOMAS
Proposal to Install, Develop and Conduct a Production Page 3 of 7
Test of Two Pilot Test Wells for City of San Juan Capistrano September 20, 2006
Pilot Test Wells will be constructed based on the following criteria:
Ricardo Test Well
• 4 -inch diameter schedule 40 PVC flush -threaded casing
• 40 feet of 4 -inch diameter schedule 40 PVC screen with 0.02 slot (actual slot
size will be evaluated at the time of well completion)
• Flush mount completion in a traffic -rated well box
North Cook Test Well
• 4 -inch diameter schedule 40 PVC flush -threaded casing
• 40 feet of 4 -inch diameter schedule 40 PVC screen with 0.02 slot (actual slot
size will be evaluated at the time of well completion)
• Flush mount completion in a traffic -rated well box
The newly installed pilot test wells will be developed immediately following installation. The
pilot test wells will be developed by a combination of bailing, swabbing, airlifting and/or
purging with an electric submersible pump. Development will continue until field parameters
stabilize (less than 10% change from previous reading) and the discharge is visually free of
suspended solids or 3 hours of development, which ever occurs first. During well
development procedures, groundwater field parameters consisting of pH, electrical
conductivity (EC), dissolved oxygen (DO), temperature in degrees Celsius (°C) and turbidity
will be monitored with field instruments.
Task 3 — Aquifer Test
Psomas proposes to conduct a single well aquifer test on each of the pilot test wells.
Preliminary calculations indicate that at a production rate of 100 gpm and a transmissivity of
45,000 gpd/ft, the pilot test well should indicate a 1-2 feet decline over approximately 4
hours. Depending on the rate of decline and the ultimate decline, a transmissivity for the
underlying production zone can be approximated. The results coupled with the geology and
depth to bedrock can be used to assess the production rate and preliminary design of a full
scale production well.
In addition, Psomas will collect a water sample during the aquifer test to assess the general
water quality characteristics of the water produced during the aquifer test. Table 1 present a
list of the proposed parameters/constituents and analytical method to be performed on the
water sample collected from each well.
PSOMAS
Proposal to Install, Develop and Conduct a Production
Test of Two Pilot Test Wells for City of San Juan Capistrano
TABLE 1
SUMMARY OF ANALYTICAL PROCEDURES
FOR VARIOUS PARAMETERS
Pilot Test Wells for CSJC
Type of Analysis Analytical Method
General Minerals (Na, K,
Ca, Mg)
EPA 20(r7
Total Dissolved Solids
EPA 160.1
Bicarbonate/Carbonate
SM 23208
Alkalinity
Total Hardness as CaCO3
SM 23408
Chloride, Nitrate as N,
EPA 300.0
Sulfate
Boron 200.8
Fluoride SM 4500-F C
Dissolved Metals (As, Ba,
Be, Cd, Cr, Cu, Fe, Pb, Hg, EPA 200.8
Mn, Ni, Se, Ag, Th, V, Zn)
Hexavalent Chromium EPA 218.6
Task 4 — Data Analysis
Page 4 of 7
September 20, 2006
Following completion of aquifer testing activities, the data collected will be reduced and
analyzed and transmissivity will be developed for aquifer at the pilot test well. A preliminary
design and expected production capacity of a full scale production well will be assessed from
the data collected.
In addition, Psomas will evaluate the existing reports for wells MW -7 and MW -4 to assess
the viability of these locations for production wells.
Task 5 — Pilot Well Test Report
Following completion and analysis of the aquifer test on each of the Pilot Test wells, a report
will be prepared that presents the methodologies employed and results of the installation and
testing of the Pilot Test wells. The report will include boring logs, testing procedures and
results, and a summary of the expected production capacity of a full scale production well at
an adjacent location. In addition, the report will include a preliminary design and expected
PSOMAS
Proposal to Install, Develop and Conduct a Production Page 5 of 7
Test of Two Pilot Test Wells for City of San Juan Capistrano September 20, 2006
production capacity of a full scale production well along with a recommended drilling
method for completing the proposed production well.
SCHEDULE
Following notice to proceed, the proposed scope of work could be completed in
approximately 3 months. Table 2 presents the anticipated time requirements for each of the
proposed tasks.
TABLE 2
TIME REQUIREMENTS BY TASK
Pilot Test Wells for CSJC
Item
Time Requirements
Task 1 — Well Permits and Mobilization
20 days
Task 2 — Well Installation and Development
15 days
Task 3 — Aquifer TestinE
5 days
Task 4 — Data Analysis
10 days
Task 5 — Pilot Well Testing Report
20 days
Mobilization to the field will be dependent on acquisition and approval of the well permits.
Delays in approval or changes to the anticipated scope of work may have an impact on the
overall schedule.
COST ESTIMATE
The proposed scope of work will be conducted on a time and materials basis with an
estimated total cost of $90,300. A breakdown of the cost by individual task is included in
Table 3.
TABLE 3
SUMMARY OF COSTS BY TASK
SKIC Well Installation and Quarterly Monitoring
TASK
COST
Task 1 —
Well Permitting & Mobilization
$5,400
Task 2 —
Development
Well Installation and
$51,500
Task 3 —
Aquifer Test
$10,900
Task 4 —
Data Analysis
$10,300
Task 5 —
Pilot Test Well Report
$12,200
TOTAL
$90,300
PSOMAS
Proposal to Install, Develop and Conduct a Production Page 6 of 7
Test of Two Pilot Test Wells for City of San Juan Capistrano September 20, 2006
LIST OF ASSUMPTIONS
The following assumptions were used in developing the schedule and associated cost
estimate for this project.
1. Psomas and its subcontractors will be given unencumbered access to the proposed
pilot test well locations.
2. No encroachment permits or access agreements are required to drill, install, and test
the proposed pilot test wells.
3. Traffic control is not required as part of the proposed work.
4. Onsite work activities are not delayed by CSJC or others.
5. The advancement and completion of proposed pilot test wells takes no more than 2
days.
6. A roll -off bin for the containment of drill cuttings will be deployed at the site. The
cuttings will be disposed of at a local landfill as non -hazardous waste. .
7. Development and Aquifer Test water will be contained in a Baker Tank at the site.
The CSJC will be responsible for disposition of the water. A total of 30 days rental
has been budgeted for two Baker Tanks.
8. A total of 2 water samples will be collected and analyzed for the parameters listed in
Table 1.
9. All field activities will occur during normal working hours (7:00 am -7:00 pm)
Monday through Friday.
10. Final Pilot Test Well Report will include a discussion of the well construction and
testing activities, site location map, and table of the laboratory analytical results. The
report will also include a preliminary design and recommended drilling methods for
the full scale production well proposed for the various locations. The report will also
include as appendices: laboratory reporting forms, chain of custody forms, boring
logs, aquifer testing results, and field sampling forms.
PSOMAS
Proposal to Install, Develop and Conduct a Production
Test of Two Pilot Test Wells for City of San Juan Capistrano
Page 7 of 7
September 20, 2006
11. One draft report will be submitted for one round of review by CSJC. Following
CSJC review, the report will be finalized and five (5) copies of the final report will be
submitted to CSJC.
All work will be performed in accordance with the attached agreement which is included and
made part of this proposal. We appreciate the opportunity to submit this proposal and look
forward to working with you on this project. If you have any questions, please call me.
Sincerely,
PSOMAS
oh R. Thornton, P.E. Michael P. Donovan, R.G., C.Hg.
Principal and Vice President Senior Hydrogeologist
Attachments
® Existing Monitoring' Well Q Phase I Desalter Well
® Proposed New Pilot Test Well ® Proposed New Well Evaluation Site Proposed Pilot Test Wells
Location- North Cooks Site
9/20/06 FIGURE 2
Q Existing Production Well ® Proposed New Pilot Test Well
® Existing Monitoring Well A Phase[ Desalter Well Proposed Pilot Test Well
® Proposed New Well Evaluation Site Location -Ricardo Site
9/20/06 FIGURE 1