03-1202_NINYO AND MOORE_Personal Services Agreement PERSONAL SERVICES AGREEMENT
'TII, A
S' AGREEMENT is made and entered into this _ day of
(�L, 2003, by and between the City of San Juan Capistrano (hereinafter
referred to as the "City") and NINYO AND MOORE, (hereinafter referred to as
"Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to provide geotechnical engineering services for the South Open Space
Landslide; 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 February 2, 2004.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall not exceed
Forty-nine thousand two hundred three dollars ($49.203), as set forth in Exhibit "A,"
attached and incorporated herein by reference.
1
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.
2
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.
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 comply with all applicable laws, ordinances, codes and
regulations of federal, state and local government.
Section 10. Conflicts of Interest.
3
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.
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 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.
4
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force and
effect Comprehensive General Liability coverage in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force and
effect Comprehensive Automobile Liability coverage, including owned, hired and non-
owned vehicles in the following minimum amounts:
$500,000 property damage;
$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.
5
14.5 Errors and Omissions Coverage
Throughout the term of this Agreement, Consultant shall maintain Errors and
Omissions Coverage (professional liability coverage) in an amount of not less than One
Million Dollars ($1,000,000). Prior to beginning any work under this Agreement,
Consultant shall submit an insurance certificate to the City Clerk's office for certification
that the insurance requirements of this Agreement have been satisfied.
14.6 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor the
coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions have
been satisfied.
14.8 Notice to Proceed.
Consultant shall not proceed with any 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
6
To Consultant: Ninyo and Moore
475 Goddard, Suite 200
Irvine, CA 92618
Attn: Scott M. Johnson
Section 17. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of
this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs
and necessary disbursements in addition to any other relief to which he may be entitled.
Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration
under the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
Section 19. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY O AN J A /AIS1
RANO
By: 4
May
CONSU TANT
By:
Ninyo and Moore
Jalal Vakili, Principal Engineer
ATTEST:
ar aret R. Monahan, City Clerk
APPROVED AS TO FORM:
— ca�
John WThaw, City Attorney
8
M
/Y/h 04SZ �oore -
Geotechnical antl Environmental Sciences Consultants
October 3, 2003
Project No. 202531001
Mr. Peter Salgado KI City of San Juan Capistrano32400 Paseo Adelanto San Juan Capistrano, California 92675
Subject: Proposal for Geotechnical Consulting Services
Slope Inclinometer Installation and Monitoring
Las Ramblas Site
San Juan Capistrano, California
Reference: Ninyo &Moore, 2003,Proposed Scope of Work, Remedial Grading and Slope
Monitoring, Tract No. 11781, Lots 10, 11 and 28, San Clemente, California, dated
September 4.
Dear Mr. Salgado:
In accordance with your request, we are pleased to submit this proposal to provide geotechnical
consulting services relative to the subject project. As described in the referenced Scope of Work,
we propose to install two inclinometer casings within the landslide mass and perform periodic
inclinometer readings to evaluate future ground movement. One inclinometer will be located
within the westerly portion of the Rozbicka property, approximately 160 feet south of the City of
San Juan Capistrano boundary. The second inclinometer will be located approximately 300 feet
farther to the south also within the Rozbicka property. Since the proposed inclinometer locations
are not accessible with a truck-mounted drill rig, a bulldozer may be required to construct a tem-
porary road to access the drilling locations.
The inclinometers will be read within one week of their installation to establish a base reading
for future measurements. For the purposes of this proposal, we propose to read the inclinometers
on a monthly basis for a duration of approximately one year. Following each reading of the incli-
nometer, the data will be analyzed and the results presented in a letter-report describing the depth
and direction of ground movement, if any. The frequency of the readings can be increased or de-
creased depending on the project requirements. 18
475 Goddard • Suite 200 ^ Irvine California 92618 ^ Phone)949) 753-7070 ^ Fax)949) 753-7071
Phoenix • Irvine ^ San Diego • Los Angeles ^ Oakland ^ Las Vegas • Salt Lake City • Ontario
City of San Juan Capistrano • October 3, 2003
Las kamblas Site, San Juan Capistrano Project No. 202531001
SCOPE OF SERVICES
Specifically, our scope of services will include the following:
• A field reconnaissance to select and mark boring locations for underground utility clearance.
• Coordination of our field work with the client, private property owners and/or the City of
San Juan Capistrano and City of San Clemente, including acquisition of a well permit.
• Drilling of two small-diameter borings up to approximately 120 feet deep.
• Installation of specialized inclinometer casing and backfilling the borings around the casing
with bentonite/cement grout.
• Perform initial inclinometer readings of each casing to establish a baseline reference for fu-
ture readings. This includes readings in the field, and analysis of the data in the office.
• Monthly readings over a period of one year to evaluate ground movement, if any.
• Preparation of a written summary of the inclinometer data and our conclusions regarding
ground movement following each reading.
ASSUMPTIONS
We have prepared this work plan and estimated fee based on the following assumptions:
• Right-of-entry to install the inclinometer casings will be granted, at no cost, to Ninyo &
Moore.
• Slope inclinometer borings will be drilled with conventional, drilling equipment. Access to
the inclinometer locations will be granted and specialized equipment, such as cranes, will
not be required.
• Any City permit fees that may apply to the work will be paid for by the client.
• This phase of our work at the site will not include soil sampling or laboratory testing.
• Cuttings from the inclinometer borings may be disposed of at the site at no cost to Ninyo &
Moore.
• Our evaluation will not include any sampling, testing or chemical analysis of hazardous ma-
terials, should they be encountered. A separate scope of services and cost estimate can be
provided upon request if hazardous materials are encountered.
253 1-1 pldoc
2 Y
City of San Juan Capistrano • October 3, 2003
Las Ramblas Site, San Juan Capistrano Project No. 202531001
FEE
Our services for construction of the temporary access roads and installation of the two inclinome-
ters will be provided for a lump sum fee of 11 40
p p $ 0 (eleven thousand four hundred dollars).
Additionally, each time we read the inclinometers, download, analyze, and report the data will be
a lump sum fee of$2,400 (two thousand four hundred dollars). A detailed breakdown of our fees,
based upon the attached Schedule of Fees, is presented in Table 1 and Table 2. To authorize the
scope of services outlined above, please return a signed copy of the attached Work Authorization
and Agreement.
We appreciate the opportunity to submit this proposal. If you have any questions, please contact
the undersigned.
Respectfully submitted,
NINYO IVAMOORE
r
Scott M. Johnson, C.E.G. Avrarn , GE, �
Senior Geologist Principal Engineer
CB/SMJ/AN/mll
Attachments: Table 1 —Breakdown of Fee—Inclinometer Installation
Table 2—Breakdown of Fee—Inclinometer Monitoring
Schedule of Fees
Work Authorization and Agreement
Distribution: (2) Addressee
City of San Juan Capistrano • • October 3, 2003
Las Ramblas Site, San Juan Capistrano Project No. 202531001
TABLE i -BREAKDOWN OF FEE
INCLINOMETER INSTALLATION
Principal Engineer/Geologist/Environmental Scientist 2 hours @ $ 154.00 /hour $ 308.00
Senior Engineer/Geologist/Environmental Scientist 4 hours @ $ 148.00 /hour $ 592.00
Subtotal $ 900.00
.n
Senior Staff Engineer/Geologist/Environmental Scientist 4 hours @ $ 128.00 /how $ 512.00
Field Vehicle Usage 4 hours @ $ 8.00 /how $ 32.00
Subtotal $ 544.00
Senior Staff Engineer/Geologist/Environmental Scientist 6 hours @ $ 128.00 /hour $ 768.00
Dozer/Excavator(subcontractor) 6 hours @ $ 145.00 /hour $ 870.00
Mobilization/Demobilization Lump Sum $ 400.00
Subtotal $ 2,038.00
-
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Senior Staff Engineer/Geologist/Environmental Scientist 18 hours @ $ 128.00 /hour $ 2,304.00
Drill Rig(Subcontractor) 18 hours @ $ 165.00 /hour $ 2,970.00
Field Vehicle Usage 18 hours @ $ 8.00 /hour $ 144.00
Supplies(casing,bentonite etc.) Lump Sum $ 2,500.00
Subtotal $ 7,918.00
S;+ .a .+,'� e i r ,{±ra '>l�a(�F},,,'.„ h :"�;4 rt. ..�,. 5. S &4: r(��$ u�r�+�r .`.�°o,dcR +,. 41;�"-"°�FSh���+.:+-•'.a -
2531-11ee2.rde
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City of San Juan Capistrano • 0 October 3, 2003
Las Ramblas Site, San Juan Capistrano Project No. 202531001
TABLE 2 -BREAKDOWN OF FEE
INCLINOMETER MONITORING
,7=�L3 n�i 4Nh�e '.xRfd,F
Senior Staff Engineer/Geologist/Environmental Scientist 6 hours @ $ 128.00 /hour IS 768.00
Inclinometer Usage 6 hours @ $ 32.00 /hour $ 192.00
Field Vehicle Usage 6 hours @ $ 8.00 /hour $ 48.00
Subtotal IS 1,008.00
11
ll
Senior Engineer/Geologist/Environmental Scientist 2 hours I@ $ 148.00 /hour $ 296.00
Staff Engineer/Geologist/Environmental Scientist 4 hours @ $ 120.00 /hour IS 480.00
55 Subtotal $ 776.00
I'Ma'2c'n IN
'1' pp .,?-. 1" x..y +'§rL+.` -� ''
I.
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Principal Engineer/Geologist/Environmental Scientist 1y hour @ IS 154.00 /hour IS 154.00
Senior Engineer/Geologist/Environmental Scientist 2 hours @ $ 148.00 /hour IS 296.00
Technical Illustrator/CAD Operator 2 hours @ $ 78.00 /hour $ 156.00
Data Processing, Technical Editing, or Reproduction 1 hour @ IS 58.00 /hour $ 58.00
Subtotal $ 664.00
W .r
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10/09/2003 07: 44 19497537071 N AND M IfdV HAUL bY1 UL
Huore �r., . . .
Gpc�chnical 1n0 Fromnmental Snentes Cmultants
HAIGHT BROWN & BONESTEEL August 29,2003
5 Hutton Centre Drive Invoice No; 102312
Suite 900 Project No: 202531001
Santa Ana, CA 92707-0510 Page: 1
Attn: Mr. Edwin Richards
Re: Geotechnical Consulting Services
Rozbtcka v. Estrella Properties
San Clemente, California
Tax ID No. 33.0269828
Progress invoice through August 29, 2003,for geotechnical consulting services pertaining to the
landslide that Impacted the properties at 3007 and 3009 Emencia Del Sur in San Clemente, California.
Our services have included compilation and analysis of field data and topographic maps to evaluate the
number and locations of inclinometers and surface monuments and the extent of remedial grading;
partial preparation of a scope of work for remedial grading and installation and monitoring of field
instrumentation; background review including review of the as-graded topographic map prepared by
TetraTech and comparison with topographic maps prepared in 1996;technical illustration consisting of
preparation of the remedial grading plan and slope monitoring plan included in our scope of work report:
project coordination: and client conference including attendance at meetings on August 28 and July 29,
2003, at the City of San Juan Capistrano to discuss the project.
Professional Services
Hours Rate Amount
DATA COMPILATION 8 ANALYSIS
Senior Engineer/Geologist/Scientist
Scott M. Johnson 08/27/2003 0.75 164.00 123-00
Scott M, Johnson 08!28(2003 1.00 164.00 164.00
REPORT PREPARATION
Senior Engineer/Geologlst/Scientist
Scott M Johnson 08!29/2003 2.00 164.00 328.00
BACKGROUND REVIEW
Principal Engineer/Geo)oglst/Scienlist
Lawrence T. Jansen 07/28/2003 0.50 166.00 84.00
Lawrence T. Jansen 07/29/2003 2.00 168.00 336.00
57 f 0 RuMn Road San Diego. Cal;fornix 9?723 • Phonr, (95BI 5761000 Fax(8581 576-9600
San Diego • Irvine Ontario • Los Angeles • Oakland . Las VegeS • Salt L6kC City • Pnoenix
1B/09/2003 07: ad 19497531 N AND M IRV PAGE 83/09
&- Hours
Ceprccnnlcol ano rmlmnlnCnwiscience•Cons ullano
Invoica Not 102312
Project No_202531001
Page: 2
Hours Rate Amount
TECHNICAL ILLUSTRATION
Technical Illustrator/CAD Operator
Mary Beth Miller 07/29/2003 0.50 86.00 43.00
Mary Beth Miller 08127/2003 0.50 86.00 43.00
Mary Beth Miller 08/28/2003 1.00 86.00 86.00
Mary Beth Miller 08/29/2003 2.25 86.00 193.50
PROJECT COORDINATION
Principal Engineer/Geologist/Scientist
Carol A. Price 08/26/2003 0.25 168.00 42.00
CLIENT CONFERENCE
Principal Engineer/Geologist/Scientist
Lawrence T. Jansen 07/29/2003 1.75 166.00 294.00
Senior Engineer/Geologist/Scientist
Scott M. Johnson 08128/2003 2,00 164.00 328.00
Labor Fee 2,064,50
Reimbursable Ezaenses
Vehicle/Equipment Charge
0712912003 LTJ 1.75 Hours @ 6.00 10.50
08/28/2003 SMJ 2.00 Hours @ 6.00 12.00
Reimbursable Fee 22.50
***This Invoice Total*" 2,087.00
57 D Ruffin Road 5nn Diego, Caldornia 92123 • Phone 1859)576.1000 • Fax 18591 576-9600
San Diego • Irvine Ontario • Los Angeles • Oakland • las Vega; . Sal[Lake Clry • Phoenix
10/09/2003 07:44 19497537 N AND M IRV
M GAGE 04!09
� I GeorcO+nic,�and Grtvlronmmf+ 4 cn[@.+Cnpli� nf6
HAIGHT BROWN & BONESTEEL June 27, 2003
5 Hutton Centre Drive Invoice No: 100955
Suite 900 Project No:202531001
Santa Ana, CA 92707-0510 Page; 1
Attn: Mr. Edwin Richards
Re: Geotschnicai Consulting Services
Rozbicka v Estrella Properties
San Clemente, California
Tax ID No. 33-0269828
Progress invoice through June 27, 2003,for geotechnical consulting services pertaining to the landslide
that impacted the properties at 3007 and 3009 Emencia Del Sur in San Clemente, Califomla. Our services
have included field services consisting of performance of a site visit to observe and document remedial
grading operations; data compilation and analysis including review of the project file, topographic maps,
cross sections, boring data, and photographs to evaluate potential locations of Inclinometers: project
coordination and client conference including telephone conversations with representatives of the City of
San Juan Capistrano and your office.
Professional Services
Hours Rate Amount
FIELD SERVICES
Senior Engineer/Geologist/Scientist
Scott M. Johnson 06/03/2003 2.75 164.00 451.00
DATA COMPILATION & ANALYSIS
Principal Engineer/Geologist/Scientist
Avram Ninyc 06/04/2003 0,75 168,00 126.00
Senior Engineer/GeologisUScientist
Scott M.Johnson 06/02/2003 0.25 164.00 41.00
Sr. Project Engineer/Geologist/Scientist
Scott M. Johnson 06/06/2003 1.00 160,00 160.00
Sr. Staff Engineer/GeologisUScientist
Catherine K. Bennett 06/03/2003 2.00 141.00 282.OD
Catherine K. Bennett 06/04/2003 2.00 141.00 282.00
571C RVrrm Road San Dego. cowornin 92123 Pncn= i959j 576-IOOC rax (859; ;769h OC
�� n�.,nn • Wine • Dntann LOS Flnpeles Oaklantl Las Vegas t7r.4'-'.r Chi Pl+oenx
10/09/2003 07: 44 19497537071 N AND M IRV . PAGE 05/09
7 _ rGcn±_^nn2al•vn8 E��'onrtiCnrnl5u vee GOnPll.,n15
Invoice No:100955
Project No;202531001
Page: 2
Hours Rate Amount
DATA PROCESSING
Data Processor 15.00
Mary Elaine Hebner 06126/2003 0.25 64.00 48.OD
Linda Lyon 06124/2003 0.75 64.00
Linda Lyon 06(26/2003 0.50 64.00 32,00
PROJECT COORDINATION
Principal Engineer/GeologIsVScientist
Carol A. Price 06/2612003 0.25 168.00 42.00
CLIENT CONFERENCE
Senior Engineer/Geologist/Scientist 123.00
Scott M. Johnson 06/02/2003 0.75 154.00 82.00
Scott M. Johnson 06/25/2003 0,50 164.00
Labor Fee 1,685.00
Reimbursable Ex enses
Vehicle/Equipment Charge
06/03/2003 SMJ 2.75 Hours @ 6.00 16.50
Reimbursable Fee 16.50
'"This Invoice Total'•" 1,701.50
5710 Rur in Roar San Diego, cc7vorn;e 92123 PhGne(858) 576.1000 12x (858) 575-9500
r,,, n�nn wine Ontario • 1.05 Angeles Ozklanc Las vcaas Salt I-ake Ory PnOerna
10/09/2003 07: 44 19497531 N AND M IRV PAGE 06/09
Geofecnn¢at Ann Ertvlromment;d SOencex ConwlEints
HAIGHT BROWN & SONESTEEL May 30, 2003
5 Hutton Centre Drive invoice No: 100730
Suite 900 Project No: 202531001
Santa Ana, CA 92707-0510 Page: 1
Attn: Mr. Edwin Richards
Re: Geotechnical Consulting Services
Rozbicka v Estrella Properties
San Clemente, California
Tax IDNo, 33-0269828
Progress Invoice through May 30, 2003, for geotechnical consulting services pertaining to the landslide
that impacted the properties at 3007 and 3009 Emencia Del Sur in San Clemente, California. Our services
have included field services including meeting with the City of San Juan Capistrano and performance of
several site visits to observe and document remedial grading operations; data compilation and analysis
including review of the project file, topographic maps, baring data,and photographs pertaining to the
fill thatwas placed at the site; preparation of a letter report regarding the trail, and project coordination
consisting of numerous telephone conversations with representatives of the City of San Juan Capistrano
and your office.
Professional Services
Hours Rate Amount
FIELD SERVICES
Sr.Project Engineer/Geologist/Scientist
Scott M. Johnson 04/28/2003 2.50 160.00 400.00
Scott M. Johnson 05/07/2003 1.50 160.00 240.00
Scott M.Johnson 05/19120D3 2.00 160.00 320.00
Scott M. Johnson 05/22/2003 2.00 160.00 320.00
Scott M. Johnson 05/30/2003 3.00 160.00 480,00
Sr.Staff Engineer/Geologist/Scientist
Catherine K. Bennett 05/20/2003 3.00 141.00 423.0D
Catherine K. Bennett 05121/2003 3.00 141.00 423.00
Catherine K. Bennett 05/29/2003 2.50 141.00 352.50
DATA COMPILATION &ANALYSIS
Principal Engineer/Geologist/Scientist
Avram Ninyo 04/30/2003 1.25 168.00 210.00
Avram Ninyo 05/0112003 0.75 168.00 126.00
Avram Ninyo 05/06/2003 0,75 168.00 126.00
Avram Ninyo 05/12/2003 1.25 168.00 210.00
Avram Ninyo 05/26/2003 0.50 168.00 84.00
5710 RU(fn Road San Diego, California 92123 • Phone (85e1 576-1000 • Pax(856)576-9600
San O,:gc • Irvine Onranc • Lcs Angeles • Oakland • !as Vegas • Salt Lake City • Rhoenx
10/09/2003 07:44 19497537Q71 N AND M IRV . PAGE 07108
o&/Hoorne
rtolornnical ann r!nNmnmenral Sciences Consultant'
Invoice No:100730
Prolecl No:202531001
Pape: 2
Hours Rate Amount
Sr. Project Engineer/Geologlst/Scientist
Scott M. Johnson 04/28/2003 1.00 160.00 160.00
REPORT PREPARATION
Principal Engineer/Geologist/Scientist
Carol A. Price 05/13/2003 0.50 168.00 84.00
Carol A. Price 05/2312003 0.25 168.00 42.00
Sr.Project Englnee r/Geologist/Seientist
Scott M.Johnson 05/01/2003 2.00 160.00 320.00
Scott M. Johnson 05/1212003 1.00 160.00 160.00
Scott M.Johnson 05/1312003 1.00 160.00 160.00
DATA PROCESSING
Data Processor
Linda Lyon 05/1312003 0.50 64.00 32.00
PROJECT COORDINATION
Sr. Project Engineer/Geologist/Scientiat
Scott M.Johnson 04/29/2003 0.50 160,00 80.00
Scott M. Johnson 05/12/2003 0.50 160.00 80.00
Scott M. Johnson 05113/2003 1.00 160.00 160.00
Scott M. Johnson 05/15/2003 0.50 160.00 80.00
Scott M.Johnson 05/21/2003 0.25 160.00 40.00
Labor Fee 5,112.50
Reimbursable Expenses
Vehicle/Equipment Charge
05/21/2003 CB 3.00 Hours @ 6.00 18.00
05/22/2003 CB 3.00 Hours @ 6.00 1800
05/29/2003 CB 2.50 Hours @ 6.00 15.00
05107/2003 SMJ 1 50 Hours @ 6.00 9.00
05/19/2003 SMJ 2.00 Hours @ 6.00 12.00
5710 Ruffin Road • San PiBgn. California 92123 Phone(6581 576-1000 Fax(858) 576,9600
4 Sen DICgo • Irvine Ontario Loi Angdcs • Oakland • Las Vegas • Salt Lake City • r'hocnix
10/09/ '187d Ili:44 1ill y/h3/0/1 N AND M IRV PAGE B9/09
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G[oiccnnlcni And envronmente Sclence,ConluPlntt
Invoice NO; 100730
Project No:202531001
Page 3
05122/2003 SMJ 2.00 Hours @ 6.00 12.00
05130/2003 SMJ 3.00 Hours @ 6.00 18.00
Reimbursable Fee 102.00
""This invoice Total"' 1214.50
5710 Ruffin Road • San Ooego. CAIIlornlEl 9J 1 J3 • Phone 18591 576-1000 • Fax 18581 576-7600
San Diego Ilvine • OntBno • los AngcicS • Oakland Las Vegas • Sart take Cary • Pnoenix
City of San Juan Capistrano• • October 3, 2003
Las Ramblas Site, San Juan Capistrano Project No. 202531001
SCHEDULE OF FEES
HOURLY CHARGES FOR PERSONNEL
Principal Engineer/Geologist/Environmental Scientist........................................................................................... $ 154
Senior Engineer/GeologistlEnvironmental Scientist.............................................................................................. $ 148
Senior Project Engineer/GeologisUEnvironmental Scientist.................................................................................. $ 145
Project Engineer/Geologist/Environmental Scientist.............................................................................................. $ 142
Senior Staff Engineer/Geologist/Environmental Scientist...................................................................................... $ 128
Staff Engineer/Geologist/Environmental Scientist.................................................................................................. $ 120
IS/GIS Specialist..................................................................................................................................................... $ 120
FieldOperations Manager...................................................................................................................................... $ 95
SupervisoryTechnician.......................................................................................................................................... $ 86
Nondestructive Examination Technician, UT, MT,LP............................................................................................ $ 85
Senior Field/Laboratory Technician........................................................................................................................ $ 79
Field/Laboratory Technician................................................................................................................................... $ 79
ACIConcrete Technician........................................................................................................................................ $ 79
Concrete/Asphalt Batch Plant Inspector................................................................................................................. $ 79
Special Inspector(Concrete,Masonry,Steel,Welding,and Fireproofing)............................................................ $ 79
Technical Illustrator/CAD Operator...................._...............__................... ......................................................... $ 78
Geotechnical/Environmental/Laboratory Assistant................................................................................................ $ 66
InformationSpecialist............................................................................................................................................. $ 66
Data Processing,Technical Editing,or Reproduction............................................................................................ $ 58
OTHER CHARGES
ExpertWitness Testimony............................................................................................................................ $ 250 /hr
PID/FID Usage.............................................................................................................................................. $ 120 /day
Coring Machine Usage(includes technician)............................................................................................... $ 100 /hr
Anchor load test equipment(includes technician)....................................................................................... $ 89 /hr
HandAuger Equipment................................................................................................................................ $ 55/day
InclinometerUsage ...................................................................................................................................... $ 32 /hr
VaporEmission Kits..................................................................................................................................... $ 30 /kit
Level D Personal Protective Equipment(per person per day).................................................................... $ 25 /p/d
Rebar Locator(Pachometer)........................................................................................................................ $ 22 /hr
NuclearDensity Gauge Usage..................................................................................................................... $ 12 /hr
FieldVehicle Usage...................................................................................................................................... $ 8 /hr
Direct Project Expenses....................................................................................................................... Cost plus 15%
Laboratory testing, eo h sical equipment,and otherspecial equipment rovided upon request.
NOTES (Field Services)
For field and laboratory technicians and special inspectors, regular hourly rates are charged during normal weekday
construction hours. Overtime rates at 1.5 times the regular rates will be charged for work performed outside normal con-
struction hours and all day on Saturdays and Sundays. Rates at twice the regular rates will be charged for all work in
excess of 12 hours in one day or on holidays. Lead time for any requested service is 24 hours. Field Technician rates
are based on a 2-hour minimum.Special inspection rates are based on a 4-hour minimum for the first 4 hours and an 8-
hour minimum for hours exceeding 4 hours. Field personnel are charged portal to portal.
INVOICES
Invoices will be submitted monthly and are due upon receipt.A service charge of 1.0 percent per month may be charged
on accounts not paid within 30 days.
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