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09-1028_LAWSON / ASSOCIATES_Personal Services AgreementPERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this IS day of beh_! � , 2009, by and between the San Juan Capistrano Community Redevelopment Agency (hereinafter referred to as the "Agency") and Lawson & Associates Geotechnical Consulting, Inc. (hereinafter referred to as the "Consultant"), RECITALS: WHEREAS, Agency desires to retain the services of Consultant regarding the Agency's proposal to provide Soil and Geologic Reconnaissance and Geotechnical Investigation for an Affordable Housing Development; and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, Agency and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by the Consultant shall consist of those tasks as set forth in Exhibit "A," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall continue until notified that said services are no longer required, subject to 15 days notice of termination. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $8,200, Eight Thousand Two Hundredlas set forth in Exhibit "B," attached and incorporated herein by reference]. 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The Agency will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 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 Agency. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of Agency, and shall obtain no rights to any benefits which accrue to Agency'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 Agency to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the Agency. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the Agency. If Consultant is permitted to subcontract any part of this Agreement by Agency, Consultant shall be responsible to Agency 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 Agency. All persons engaged in the work will be considered employees of Consultant. Agency will deal directly with and will make all payments to Consultant. Section 6. Chanaes to Scope of Work. For extra work not part of this Agreement, a written authorization from Agency is required prior to Consultant undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the Agency, 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/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by Agency, it shall immediately inform the Agency of this and shall not 2 proceed with further work under this Agreement until written instructions are received from the Agency. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law; E -Verify. 9.1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E -Verify. If Consultant is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Consultant shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at http://www.uscis.gov, or access the registration page at httos://www.vis- dhs.com/emploverregistration. Consultant shall certify its registration with E -Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. 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 work, Consultant shall have delivered to Agency at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any support documentation. All reports submitted to the Agency shall be in reproducible format, or in the format otherwise approved by the Agency in writing. K, 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 Agency. All such reports, information, data, and exhibits shall be the property of the Agency and shall be delivered to the Agency upon demand without additional costs or expense to the Agency. The Agency acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the Agency and its elective or appointive boards, officers, agents, 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 damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the Agency, is due to the negligence, recklessness and/or wrongful conduct of Agency, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the Agency, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the Agency. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by 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 an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for CI risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 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 an amount not less than one million dollars per occurrence ($1,000,000.00). 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 naming Agency, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded Agency, its officers, employees, agents, or volunteers. 14.5 Errors and Omissions Coverage [FOR PROFESSIONSIWORK EXCLUDED UNDER GENERAL LIABILITY 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 Agency's General Counsel 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 Agency, except that ten (10) days' notice shall be given if there is a cancellation due to failure to 5 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 Agency has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. Agency shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party 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 designated by written notice. These addresses shall be used for delivery of service of process: To Agency: San Juan Capistrano Community Redevelopment Agency 32400 Paseo Adelanto San Juan Capistrano, CA 92675 To Consultant: Lawson & Associates Geotechnical Consulting, Inc. 1319 Calle Avanzado San Clemente, CA 92673 Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. R Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS'). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. 0 Marial�Mbr(is, Acting,Ajpncy Secretary APPROVED AS TO FORM: Omar Sandoval, Agency Counsel SAN JUAN CAPISTRANO COMMUNITY REDEVEOPMENT AGENCY By: oe Tait, Interim Executive Director CONSULTANT By: Timothy Lawson, LGC President 7 Lawson & Associates Geotechnical Consulting, Inc. October 5, 2009 Ms. Laura Stokes City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Project No. 091088-01 Subject: Proposal for Soil and Geologic Reconnaissance and Geotechnical Investigation, The Groves at Williams Ranch, City of San Juan Capistrano, California Introduction In accordance with your request, Lawson & Associates Geotechnical Consulting, Inc. (LGC) has prepared this proposal to perform a soil and geologic reconnaissance and geotechnical investigation of the proposed development of The Groves at Williams Ranch, City of San Juan Capistrano, California. This proposal is based on our experience in the area and the project Request for Proposal (RFP) from the City of San Juan Capistrano (City, 2009). We understand that site is being considered for an approximately 30 -unit multi- family, affordable housing complex. We understand the scope of services for the project to be essentially a due diligence study to identify the potential geotechnical constraints and hazards at the site. The resulting report from our study is to be used to provide information for preparation of an Environmental Impact Report (EIR) for the proposed project. However, as indicated in the RFP, several potential geotechnical concerns are already suspected; shallow groundwater, compressible materials, liquefiable materials, undocumented fill, and potentially erodible materials in the river bank along Trabuco Creek. Accordingly, a subsurface investigation has been included in the scope to investigate these specific issues. We propose to perform the scope of services included herein, which will investigate the site geotechnical conditions at an appropriate level of detail for this feasibility stage of the project. The purpose of our proposed services will be to perform a preliminary geotechnical investigation of the subsurface soil and geologic conditions at the site with respect to the planned development and to provide a geotechnical report with our findings, conclusions, and geotechnical recommendations with regard to the proposed site usage. Our report will highlight the potential geotechnical constraints and advantages of the site for the proposed development. Project Management Timothy Lawson (LGC President) is dual -registered as a Certified Engineering Geologist and Geotechnical Engineer in the State of California and will be your management contact at LGC. Kevin Colson (LGC Vice President) is registered as a Certified Engineering Geologist in the State of California, and will act as Project Manager. Their respective resumes have been attached to this proposal. 1319 Calle Avanzado • San Clemente • CA 92673-6351 • 949.369.6141 • Fax: 949.369.6142 • www.lgcgeo.com EXHIBIT A Site Investieation The subject site is located within a zone mapped as having a potential for earthquake -induced liquefaction on the State of California Seismic Hazard Zones for the San Juan Capistrano Quadrangle (CDMG, 2001). Other potential geotechnical constraints have been identified on the adjacent site to the south (Kleinfelder, 1998). Accordingly, our geotechnical investigation will be designed to consider these conditions. Specifically, we will evaluate the liquefaction and/or dry sand settlement potential which could result from strong shaking during a significant earthquake event. We will also determine the potential for hydro -collapse and/or consolidation of the alluvium on the subject site. Our investigation will include excavation of six borings across the site utilizing a mud -rotary, hollow stem auger drill rig. At least one of our borings will be drilled to a depth of 50 feet or auger refusal (whichever comes first). The remaining boring will be drilled to depths on the order of 10 to 25 feet below the surface or auger refusal (whichever comes first). The deeper borings will be used to characterize the sub -surface geotechnical characteristics of the site. The borings will also aid in determining the vertical and lateral extent of the near -surface materials including undocumented fill and documented fill. Local subcontractors, under the direction of our field representative, will perform the drilling, including sampling and logging of each excavation. We will obtain County of Orange drill permits. The purpose of our investigation will be to provide a preliminary evaluation of the geotechnical characteristics of the site and to identify readily apparent geotechnical constraints and advantages to the proposed development. Scope ofServices The following is a brief description of the geotechnical services we propose to perform. • Review readily available aerial photographs and published geotechnical and geologic documents regarding the site. • Review of available site development plans. • Obtaining and complying with County of Orange permits for the necessary borings, including coordination effort, materials, and field -time for equipment and personnel. • Reconnaissance -level field geologic mapping. • Mark boring locations and notify Underground Service Alert (USA). Note: In preparing this proposal, we have assumed that no private underground lines are known to transect the site. If private underground lines are known to transect the site, we recommend that a private utility locator be contacted to mark all underground lines prior to our field excavation. The cost of marking the private utility lines has not been included in our services. We assume no responsibility for damage to unmarked utility lines. • Field investigation consisting of drilling, sampling, and logging of six borings utilizing a mud -rotary, hollow stem auger drill rig. We will excavate at least one of the borings to a depth of 50 feet (or auger refusal, whichever comes first). The remaining borings will be excavated to approximately 10 to 25 feet below the site (or auger refusal, whichever comes first). • An experienced representative from our office will be onsite to direct the investigation, collect samples, log the borings and determine depth to ground water. The boring(s) extending below a depth of 50 and/or where groundwater is encountered will be backfilled with bentonite slurry grout, per the requirements of the County of Orange. All other borings will be backfilled with the excavated materials and the drill spoils left onsite. Project No. 091088-01 Page 2 October 5, 2009 • Perform Standard Penetration Test (SPT) at selected drilling intervals and record the blow count required to advance the sampler. Obtaining in-situ and bulk samples from the borings for classification and laboratory testing. • Submit and assign laboratory tests to our geotechnical laboratory for characterization of the engineering properties of selected soil samples. Laboratory tests performed will likely include: moisture/density testing, shear strength, collapse/consolidation, maximum density testing, sieve & hydrometer, expansion potential testing, and R -Value testing. • Geotechnical interpretation and analysis of field and laboratory results. • Based on the information obtained from our study, we will prepare a geotechnical report which will discuss the feasibility of development of the site with respect to the onsite geotechnical conditions. The text will address anticipated geotechnical constraints and advantages associated with development of the site, including provisional conclusions with regard to the geotechnical impact on the proposed development and provisional recommendations for appropriate mitigation measures. Specifically, the text will include a discussion of the following: - Regional geologic discussion and the general geologic characteristics of the onsite soils; - Presence/absence of faults; - Seismicity; - Presence/absence of ground water; - Slope stability; - Collapse potential; - Expansion potential; - Corrosion potential; - Preliminary pavement design; - Excavation characteristics; - Remedial grading recommendations; - Liquefaction potential; - Foundation type; and - Recommended focus for future site geotechnical investigations. Note: Our study will only address the geotechnical issues associated with the site and will not address any environmental issues. Assumptions Please note that the following assumptions have been made: 1. Details and permission regarding any archeological, paleontological, environmental, natural habitat, or any other possible restrictions or concerns in the area of our investigation will be provided prior to the initiation of the field portion of our study; 2. A set of plans depicting the existing site topography and the location of the proposed improvements, in AutoCAD format, will be made available prior to the initiation of our study; 3. The site is open during weekdays and is easily accessible with a conventional, truck -mounted drill rig; 4. If obvious contaminants or pollution are found during the course of the investigation, additional costs may be incurred to dispose of the contaminated soils and to properly backfill and seal the borings; and Project No. 091088-01 Page 3 October 5, 2009 5. We expect our report to be acceptable to local jurisdictions but may require some response to review questions/comments. The cost for responding to the reviewing agencies is not included in this proposal. The cost for these services (if necessary) or any other services not specifically cited in this proposal will be determined once the scope of these services is known. If any of these assumptions are invalid, our fees shall be adjusted accordingly. cost We propose to perform the above-mentioned geotechnical services for a not -to -exceed fixed fee. As requested, our proposed fee for the project will be submitted under separate cover. Schedule Once we receive the notice to proceed we will begin our field investigation, when a suitable drilling subcontractor is available and suitable weather conditions are present. We estimate we will be able to provide you with our preliminary investigation report within approximately four weeks of the initiation of our field work. Closure Our proposed services will be performed to the general standard of care of geotechnical consulting in Southern California; no other warrantee is expressed or implied. The opportunity of submitting this proposal is sincerely appreciated. If you should have any questions, please do not hesitate to contact our office. Sincerely, LAWSON & ASSOCL4TES GEOTECHNICAL CONSULTING, INC. Kevin B. Colson, CEG Vice President Attachments: References Resumes (Tim Lawson and Kevin B. Colson) KBC/kjf Distribution: (5) Addressee Project No. 091088-01 Page 4 October 5, 2009 References California Department of Conservation, Division of Mines and Geology (CDMG), 2001, State of California Seismic Hazard Zones, San Juan Capistrano Quadrangle, Official Map, Scale: 1:24,000, Release Date: December 21, 2001. City of San Juan Capistrano, 2009, Request for Proposals (RFP) — Soil and Geologic Reconnaissance and Geotechnical Investigation Affordable Housing Development, dated September 22, 2009. Kleinfelder, Inc., 1998, Preliminary Geotechnical Investigation Proposed Silverado Senior Living Facility San Juan Capistrano, California, Project No. 58-8150-01, dated June 19, 1998. Project No. 091088-01 References October 5, 2009 TIMOTHY J. LAWSON, GE, RCE, CEG, PG EDUCATION • M.S. Engineering Geology and Geotechnics, (equiv) University of Portsmouth, England, 1985 PROFESSIONAL REGISTRATIONS/CERTIFICATIONS • 2003/Geotechnical Engineer/California/GE 2626 • 1995/Registered Civil Engineer/California/RCE 53388 • 1992/Certified Engineering Geologist/California/CEG 1821 • 1991 /Professional Geologist/California/PG 5336 PROFESSIONAL SUMMARY Mr. Lawson's education and work experience combine both engineering and geology to give him a unique perspective in the geological profession. He has been involved in numerous projects throughout California including hillside grading; fault studies; individual landslide investigations; distress evaluations; and expert testimony. Mr. Lawson is one of only a select few individuals, dually registered as both a civil engineer and a certified engineering geologist. With these credentials, he is able to accurately and efficiently review a broad range of geotechnical projects, which would normally take the expertise of two professionals. Mr. Lawson is the President and Founder of the "LGC" group of Geotechnical Companies that consists of three offices providing Geotechnical Services to Developers and Public Agencies throughout Southern California. During his professional career Mr. Lawson has developed significant oratory skills, and is comfortable speaking in front of large public entities. Mr. Lawson has made presentations to numerous groups, including; home owner associations, city councils, professional associations, clients, and legal teams. The following is a list of representative projects: PROJECT EXPERIENCE • Geotechnical Evaluation of Verde Canyon Landslide and Verde Canyon Development Located in San Clemente, California. Responsibilities for this project included complete geotechnical evaluation of the landslide, as well as the stability of the surrounding area. • Expert Witness San Clemente, California. Provided expert witness services during dispute of potential landslide damage to bluff top of homes. • Expert Witness Laguna Beach, California. Provided expert witness services associated with the distress of a residence in Laguna Beach due to subsurface conditions. Services included subsurface investigation, preparation of repair recommendations, and participation in arbitration. • Colony Cove Bluff Stabilization Located in San Clemente, California. This project consisted of the remediation of an unstable bluff along Pacific Coast Highway below the residential community of Colony Cove. Responsible for all geotechnical issues and project management during construction of an approximately 800 -foot composite tie back TIMOTHY J. LAWSON, GE, RCE, CEG, PG retaining wall and soil -nail diaphragm. This project required extensive construction monitoring and testing, as well as field modification during construction. • Forensic Geotechnical Investigation of Distressed Houses Located in San Juan Capistrano, California. This initially included a detailed study of previous geology reports on the area, and detailed geologic mapping of ancient landslides from stereographic aerial photographs. Subsequently, a thorough field investigation was performed including surface mapping, drilling, and downhole logging of 15 large -diameter boreholes and installation and monitoring of 12 slope inclinometers and pneumatic pore -pressure transducers. From this investigation, it was possible to determine accurate geological conditions at the site. Subsequent to this investigation, Mr. Lawson was responsible for the design and implementation of unique remediation methods. • Top of the World Reservoir Located in Laguna Beach, California. Responsible for the geotechnical issues relating to the design and construction of a 2 -million -gallon buried reservoir, which consisted of a 16 -inch transition line. Due to the relatively unique post - tension design of the tank, as well as the reservoirs' location, geotechnical issues and construction inspection played an important role in the successful completion of the project. • 65 Single -Family Homes Residential Community Located in San Juan Capistrano, California. Geotechnical investigation of major residential development in San Juan Capistrano. This site had approximately 13 major landslides that were delineated throughout the project. Responsibilities on this project included stratigraphic correlation of discrete clay beds that formed the basal rupture surfaces of the landslides, analysis of previous geotechnical reports, and writing a geotechnical 40 -scale grading plan review. • Geotechnical Evaluation of Sewer Line Distress Located in San Clemente, California. This project entailed review of geotechnical conditions at the Pier Bowl Area of San Clemente to evaluate the possible causes of the observed distress to an ancient sewer line adjacent to the railroad tracks. • Geotechnical Stabilization of a Major Ancient Landslide Located in Laguna Niguel, California. This included mapping of the excavation as it took place, and making recommendations to the contractor on the method of excavation. It also included monitoring the continued stability of the landslide by reading and analysis of slope inclinometer data. • Geotechnical Remediation of La Ventana Landslide Located in Dana Point, California. The project involved remediation of a major landslide that failed across Pacific Coast Highway. Actual remediation included construction of a tieback retaining wall, earth grading and concrete sculpting. • Geotechnical Reviewer for the City of San Juan Capistrano, California. Mr. Lawson and LGC provided geotechnical review services for the City of San Juan Capistrano. Work has included both review of other geotechnical consultant's work, as well as review work directly for the City. Reviews have included; multi-million yard residential developments, school sites, potential reservoir sites, slope distress, as well as a multitude of miscellaneous geotechnical issues. • Principal Engineer/Geologist for the Development of Forster Highlander, a Residential Development Located in San Clemente, California. This project is in its late stages of development. Mr. Lawson is currently in charge of all geotechnical aspects of this project, which will finally involve the development of approximately 419 homes and 11 million cubic yards of grading, TIMOTHY J. LAWSON, GE, RCE, CEG, PG • Principal Engineer/Geologist for the review and construction of Terminal 2 Reservoir, City of San Juan Capistrano, CA, project involved stabilization of ancient landslides, utilizing two 40 foot combination caisson and tieback walls. • Principal Engineer/Geologist for the emergency remediation plan for storm activated major landslides in San Juan Capistrano, CA, Winter 2004-2005. Work involved development of emergency grading plans and caisson and tieback repairs. • Expert Witness for South County Water District with regards to the reactivation of an ancient landslide. • Expert Witness for the City of Pomona for the reactivation of an ancient landslide destroying 3 homes, Winter 2004-2005. PROFESSIONAL HISTORY May 2001 -Present: President, Lawson & Associates Geotechnical Consulting, Inc., San Clemente, California 2000-2001: Independent Geotechnical Consultant 1998-2000: Vice President, Principal Engineer/Geologist, Leighton and Associates, Inc., Orange County Office, Irvine, California 1996-1998 Principal Engineer/Geologist, Leighton and Associates, Inc., Orange County Office, Irvine, California 1994-1996: Project/Senior Project Engineer/Geologist, Leighton and Associates, Inc., Orange County Office, Irvine, California 1989-1994: Staff/Senior Staff Engineer/Geologist, Project Manager, Leighton and Associates, Inc., Orange County Regional Center, Irvine, California 1988-1989: Site Engineer, J & L Construction, Colorado 1985-1986: Engineering Geologist, Barrie Fielder, Portsmouth, England HONORS AND PROFESSIONAL SOCIETIES • Member of Association of Engineering Geologists • Member of American Society of Civil Engineers KEVIN B. COLSON, CEG, PG EDUCATION M.S., Geological Sciences, San Diego State University, San Diego, California, 1996 B.S., Geological Sciences, San Francisco State University, San Francisco, California, 1993 PROFESSIONAL REGISTRATIONS/CERTIFICATIONS • California, Certified Engineering Geologist, CEG 2210 • California, Professional Geologist, PG 7119 PROJECT EXPERIENCE Project geologist for the approximately 440 -acre Santiago Hills II development for the Irvine Community Development Company in the City of Orange, California. The project will ultimately include over 17 million cubic yards of grading to be performed over an approximately 2 -year span. The site presents several complicated geotechnical issues to consider including: micro -tunneling for realignment of a 54 -inch water line beneath the active lanes of Chapman Avenue; installation of new storm drain lines via "jack and bore" methods beneath the active lanes of State Route 241/261; grading with the Caltrans right-of- way directly adjacent to active lanes of State Route 241/261; proposed over -steepened slopes; deep saturated alluvium; numerous faults; slope stability issues; landslides; dense volcanic rock; very highly expansive soils; and shallow ground water. Mr. Colson and his LGC team successfully addressed these issues on an extremely tight time frame and were essential and getting the project approved for development through city, county and state jurisdictions. Particular LGC contributions to the success of the project, included: design of an extensive wick drain ground improvement system for areas of deep saturated alluvium; design for geogrid reinforcement for 60 -foot -high 1.5:1 fill slope for bridge abutment; and design of landslide remediation and slope stabilizations for the project slopes. • Project Geologist for landslide stabilization at The Fountains at Sea Bluffs Retirement Community in Dana Point, California. The stabilization project is currently in the early phases of construction and will ultimately include construction of four rows of grade beams and installation of 248, 200 -foot long tieback anchors and a dewatering system. The project is further complicated by the presence of an existing and occupied retirement community directly above the landslide and proposed stabilization system. This project requires extensive construction monitoring and testing, as well as field modification during construction. Mr. Colson is currently in charge of all geotechnical aspects of this project as well as coordination of the design team and construction operations. • Project Geologist from investigation phase through grading and construction for University Commons project in San Marcos, California. This project will ultimately include grading and construction of 10 multi -story apartment structures and surrounding infrastructure including construction of an up to 90 -foot tall 1.5:1 cut slope with an up to 30 -foot tall nail and shotcrete wall at the base. The project includes blasting of the native granitic material to KEVIN B. COLSON, CEG, PG reach design elevations, special handling of generated rock in fill areas, rock fall mitigation fences, and special design considerations. Performed a Geologic Investigation and Supervised Field Operations During Grading of the 204 -Acre Robinhood Ridge Planned Community in Otay-Mesa, California. The investigation included extensive aerial photographic analysis, field mapping, excavation and logging of small -diameter borings, faults and exploratory trenches, and preparation of a geologic report. Supervision during grading included geologic mapping, evaluation of onsite faulting and of several large landslide stabilizations. • Coordinated and Performed Extensive Subsurface Geotechnical Evaluation of 30 -Acre Kaiser Medial Office Building Site Located Adjacent to the Potentially Active La Nacion Fault Zone, Chula Vista, California. • Coordinated and Performed Subsurface Fault Investigation of Proposed Veterans Home Site Located Across the Potentially Active La Nacion Fault Zone, Chula Vista, California. • Performed Geotechnical Reviews and Provided Geotechnical Support During Grading Operations for Poinsettia Shores, Carlsbad, California. The master -planned community is situated above Batiquitos Lagoon and along Coast Highway. Geotechnical concerns included evaluation of the manmade bluffs adjacent to the railroad alignment, and ground water seepage along the contacts between terrace deposits and the underlying bedrock units. Site development included the construction of the Avenida Encinas Bridge over the rail alignment and construction of major storm drain infrastructure system discharging to the lagoon. • Supervised Field Operations During Grading of 218 -Acre Planning Community Development, Carlsbad, California. This work included geologic mapping and site-specific evaluation during stabilization of several large landslide complexes during grading. • Supervised Field Operations during the land Outfall Sewer Relocation Project, Carlsbad, California. Including removals of potentially compressible soils in close proximity to adjacent utilities. • Supervised Grading and Construction of the Knots Lane Sewer Lift Station, Carlsbad, California. Including installation of a slope inclinometer to monitor the stability of the excavation in terms of slope movement along an exposed clayseam. • Performed a Geotechnical Investigation for the Temecula Promenade Regional Mall Site, Temecula, California. This study included extensive aerial photographic analysis, field mapping, excavation of small -diameter boreholes and trenches, and cone -penetrometer testing for evaluation of deep alluvial soils. KEVIN B. COLSON, CEG, PG PROFESSIONAL HISTORY January 2006 -Present: Vice President, Lawson & Associates Geotechnical Consulting, Inc., San Clemente, California 2002-2006: Associate Geologist, Lawson & Associates Geotechnical Consulting, Inc., San Clemente, California 2001-2002: Project Geologist, Lawson & Associates Geotechnical Consulting, Inc., San Clemente, California 1994-2001: Project Geologist, Staff Geologist, and Technical Illustrator, Leighton and Associates, Inc., San Diego, California PUBLICATIONS Colson. K.B., and Grove, K., 1994, Stratigraphy and Structure of the Pleistocene Olema Creek Formation, Marin County, California: Geological Society of America Abstracts with Programs, Vol. 26, No. 2, p. 45. Colson K.B., Rockwell, T.K., Thorup, K.M., and Kennedy, G.L., 1995, Neotectonics of the left - Lateral Santa Rose Island Fault, Western Transverse Ranges, Southern California: Geological Society of America Abstracts with Programs, Vol. 27, No. 5, p. 11. Grove, K., Colson, K.B., Binkin, M., Dull, R., and Garrison, C., 1995, Stratigraphy and Structure of the Late Pleistocene Olema Creek Formation, San Andreas Fault Zone North to San Francisco, California, in Sanagines, E.M., Anderson, D.W., and Buising, A.V., eds., Recent Geological Studies in the San Francisco Bay Area: S.E.P.M., Vol. 76, p 55-76. Lawson B Associates Geotechnical Consulting, Inc. October 5, 2009 Project No. 091088-01 Ms. Laura Stokes City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject: Proposed Fee for Soil and Geologic Reconnaissance and Geotechnical Investigation, The Groves at Williams Ranch, City of San Juan Capistrano, California Introduction In accordance with your request, Lawson & Associates Geotechnical Consulting, Inc. (LGC) has prepared a proposal, under separate cover and of this same date, to perform a soil and geologic reconnaissance and geotechnical investigation of the proposed development of The Groves at Williams Ranch, City of San Juan Capistrano, California. We propose to perform the scope of services described in our proposal for a not -to - exceed fixed fee amount of Eight Thousand Two Hundred Dollars ($8,200.00). The opportunity of submitting this proposed cost estimate is sincerely appreciated. If you should have any questions, please do not hesitate to contact our office. Sincerely, LAWSON & ASSOCL4TES GEOTECHNICAL CONSULTING, INC. Kevin B. Colson, CEG Vice President KBC/kjf Distribution: (5) Addressee 1319 Calle Avanzado • San Clemente • CA 92673-6351 • 949.369.6141 • Fax: 949.369.6142 • www.lgcgeo.com EXHIBIT B Today's CONTRACT TRANSMITTAL Transmittal Routing (Check All That Apply) ® City Attorney ® City Manager ® City Clerk CIP No. (if any): Project Manager's Last Name: Phone Extension: (�3 13 Council or CRA Meeting Date (if applicable): APPROVING AUTHORITY: (Check One) ❑ Mayor 4 CRA Chair ------------ GS7 City Manager Provide (1) executed original contract for each signing party, including the City. If the agreement is to be recorded — only (1) original will be recorded with certified copies going to other parties. Please provide the mailing address of any party to receive an agreement — unless the mailing address is included within the body of the agreement: Names Street City St Zi LGC 1319 Calle Avanzado San Clemente CA 92673 OTHER INSTRUCTIONS: Form Date: 01-2004 D-7 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx wwwsanjuancaptsbtano.o g TRANSMITTAL TO: Lawson & Associates Geotechnical Consulting, Inc. Attn: James Thomasson 1319 Calle Avanzado San Clemente, CA 92673 DATE: November 3, 2009 MEMBERS OF THE CITY COUNCIL FROM: Christy Jakl, Administrative Specialist, City Clerk's Office (949) 443-6310 SAMALLEVATO LAURAFREESE THOMAS W. HRIBAR MARK NIELSEN DR. LONDRES USO RE: Personal Services Agreement — Soil & Geologic Reconnaissance & Geotechnical Investigation for an Affordable Housing Development Thank you for maintaining documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please call me at (949) 443-6310. If you have questions concerning the agreement, please contact Laura Stokes, Housing Coordinator at (949) 443-6313. An original agreement is enclosed for your records. Cc: Laura Stokes, Housing Coordinator San Juan Capistrano: Preserving the Past to Enhance the Future 0 Pnnted on 100%.e Oy d paper