05-0920_LAWSON / ASSOCIATES, INC._Personal Services Agreement• 0
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into thiszL day of Wb�b2005,
by and between the City of San Juan Capistrano (hereinafter referred as the "City")
and LAWSON AND ASSOCIATES GEOTECHNICAL CONSULTING, INC., (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 Avenida Placida Slide
Repairs; 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 no later than June 30, 2006.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall be for a not to
exceed fee of Two Hundred Eighty -Nine Thousand, Four Hundred Seventy Dollars and
Ninety -Five Cents ($289,470.95) as set forth in Exhibit "A," attached and incorporated
herein by reference.
3.2 Rate Schedule.
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The services shall be billed to the City as 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.
Notwithstanding the payment terms outlined in Exhibit "A", 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 Assianment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required
without written approval of the City. This Agreement may not be assigned, voluntarily or
by operation of law, without the prior written approval of the City. If Consultant is
permitted to subcontract any part of this Agreement by City, Consultant shall be
responsible to City for the acts and omissions of its subcontractor as it is for persons
directly employed. Nothing contained in this Agreement shall create any contractual
relationships between any subcontractor and City. All persons engaged in the work will
be considered employees of Consultant. City will deal directly with and will make all
payments to Consultant.
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Section 6. Changes to Scope of Work.
In the event of a change in the Scope of Work provided for in the contract
documents as requested by the City, the Parties hereto shall execute an addendum to
this Agreement setting forth with particularity all terms of the new agreement, including
but not limited to any additional Consultant's fees.
Section 7. Familiarity with Work and Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated
the work to be performed; (2) it has investigated the proposed construction site,
including the location of all utilities, and is aware of all conditions there; and (3) it
understands the facilities, difficulties and restrictions of the work under this Agreement.
Should Consultant discover any latent or unknown conditions materially differing from
those inherent in the work or as represented by City, it shall immediately inform City of
this and shall not proceed with further work under this Agreement until written
instructions are received from the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement. Consultant shall
complete the Scope of Services as set forth in the schedule included in Exhibit "A",
attached and incorporated herein by reference.
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.
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All services to be rendered hereunder shall be subject to the direction and
approval of the City.
Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant
in connection with the performance of its services pursuant to this Agreement are
confidential to the extent permitted by law, and Consultant agrees that they shall not be
made available to any individual or organization without prior written consent of the City.
All such reports, information, data, and exhibits shall be the property of the City and
shall be delivered to the City upon demand without additional costs or expense to the
City. The City acknowledges such documents are instruments of Consultant's
professional services.
Section 13. Indemnity.
Consultant agrees to protect, and hold harmless City, its elected and appointed
officials and employees from any and all liabilities, expenses or damages of any nature,
including reasonable attorneys' fees, for injury or death of any person or damage to
property or interference with use of property resulting from errors and omissions
committed by Consultant arising from the negligent acts 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.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force and
effect Comprehensive General Liability coverage in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period.
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14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force and
effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period
14.3 Worker's Compensation
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as
required by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit the
insurance certificates, including the deductible or self -retention amount, and an
additional insured endorsement to the Consultant's general liability and umbrella liability
policies 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: Tim Lawson
Lawson and Associates Geotechnical Consulting, Inc.
1319 Calle Avanzado
San Clemente, CA 92673-6351
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").
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Section 19. Entire Aareement.
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.
ATTEST:
R. Monahan, City Clerk
APPROVED AS TO FORM:
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John R. Sh w, City Attorney
VA
CITY OF SAN JUAN CAPISTRANO
By: Hpv-"X--T l JkzyL '
Dave Adams, City Manager
CONSULTANT
By: --rL --
LGC, Inc.
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Lawson & Associates Geotechnical-Censulting, Inc.
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September 8, 2005 Project No. 051077-01
Mr. Peter Salgado
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Subject: Cost Estimate to Provide Geotechnical Services for Tieback and Caisson System and Slope
Repairs for Emergency Mitigation of Landslide Above Via Placida and Below Krum
Reservoir, San Juan Capistrano, California
Introduction
In accordance with your request, Lawson & Associates Geotechnical Consulting, Inc. (LGC) is pleased to
present this cost estimate to provide geotechnical services for ongoing evaluation and mitigation of the recent
landslide in the native slope above Via Placida within the San Juan Hills Estates development, in the City of
San Juan Capistrano (City), California. The backscarp for the landslide is located below Krum Reservoir, at the
base of the slope directly supporting the access road that includes an existing major waterline. The toe area of
the landslide also requires repair with a moderate-sized grading operation. Work described below will be
performed for repair and protection of existing improvements at the Avenida Placida area and for protection of
the existing waterline, access road, and dual water tanks at the top of the slope in which the failure occurred.
Scope of Work and Cost Estimates
Our scope of services includes geotechnical evaluation and recommendations for repair and protection of
existing improvements at the top and toe of the currently active landslide.
I. Remainder of Exploratory Investigation and Analysis:
We have performed the following geotechnical services during the month of July 2005:
• Completion of one small -diameter boring to approximately 300 feet in depth along the
access road above the landslide for installation of an inclinometer and two piezometers
(pore pressure transducers) for monitoring slope stability and groundwater levels within
the hill supporting the access road and reservoir (materials for this installation were
included with June 2005 invoice and are not included here);
• Coordination and installation of two, 100 -foot deep inclinometers at east and west
slopes of the Krum Reservoir, respectively;
• Monitoring three inclinometers and two pore pressure transducers three times a week;
EXHIBIT A
1319 Calle Avanzado • San Clemente • CA 92673-6351 • 949.369.6141 • Fax: 949.369.6142 • www.lgcgeo.com
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• Attend meetings with project proponents for upper and lower impacted areas, for
establishing and refining the proposed repair options;
• Preliminary slope stability analysis for each option as refinements are established;
• Coordinate with City, biology monitor, and subcontracted grader for construction of
access road to landslide mass for subsurface investigation;
• Excavation and sampling of three large -diameter borings within the landslide mass for
determination of geologic conditions, downhole logged and/or surface logged by an
engineering geologist and geotechnical representative of San Juan Hills Estate;
• Excavation and sampling of one large -diameter boring for design of slope repairs to
protect the existing waterline above the landslide area; and
• Laboratory testing of samples retrieved.
Work performed above is included with the July 2005 Invoice (Invoice No. 01-32820 for
$64,606.95), included in cost estimate summary below. The invoice has been provided to
the City for payment once this cost estimate is approved.
Remainder of analysis and design for both the top area (below Krum Reservoir) and the lower
area (above Avenda Placida) for the month of August 2005 consisted of the following items:
• Analysis of data from the field investigation;
• Completion of the stability analyses for both areas;
• Meetings and data provided to the San Juan Hills Estates HOA's geotechnical
representative;
• Meetings with the City and RBF Consulting;
• Grading plan review of the toe of slope grading with interim recommendations;
• Preparation of a recommendations report for emergency grading of the toe -of -slope
area;
• Grading plan review of the top -of -slope tieback and caisson plan with interim
recommendations;
• Preparation of a summary report of proposed emergency work for FEMA; and
• Ongoing site monitoring and readings of three inclinometers, three times a week.
Work performed above for the month of August is included with the August 2005 Invoice
(Invoice No. 01-32844 for $28,564.00), included in cost estimate summary below. The
invoice has been provided to the City for payment once this cost estimate is approved.
The remainder of design and analysis for both the top area and the lower area for (up to the point
of grading) is anticipated to consist of the following items:
Ongoing site monitoring and readings of three inclinometers;
Finalized tieback and caisson and grade beam recommendations report for pre-bid
submission; and
Responses to questions regarding geotechnical design from HOA, FEMA, contractors.
Costs for the final phase of analysis and design are estimated to be approximately
$20,000.00, included in the cost estimate summary below, to be invoiced at a later date.
Project No. 051077-01 Page 2 September 9, 2005
II.
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Field Observation of Caisson and Grade Beam Installation, Tieback Installation, and Minor
Rough Grading for Top of Landslide Repair Work:
A total of approximately 24 caissons and 70 tiebacks are proposed. Additionally, two waler
walls will be required at the surface to transmit the tieback load into the soil. A representative
from LGC will observe on a full-time basis during this phase of construction to verify
compliance with our recommendations. Based on discussion with tieback contractor J. C.
Baldwin, approximately four months is anticipated for the installation process. Inclinometer
monitoring will be required throughout the duration of the project. (Note, a concrete inspector
will be required to inspect structural concrete and steel to be placed in contact with onsite earth
materials, not included with this estimate.)
It is our understanding that the project will be paid per prevailing wage requirements, to be
applied to "technician" level billing rates only.
- Caisson Observation
Senior Technician w/ Vehicle (100 hrs @ $95/hr) $ 9,500.00
- Tieback Observation and Testing:
Senior Technician w/ Vehicle (500 hrs @ $95/hr) $ 47,500.00
- Observation and Testing of Earthwork:
w/ Geogrid Placement- Sr. Tech (60 hrs @ $95/hr) $ 5,700.00
- Inclinometer Monitoring:
Staff Geologist (240 hrs @$90/hr) $ 21,600.00
- Project Management QA/QC $ 15,000.00
Phase II. — SUBTOTAL: $ 99,300.00
Field Observation and Testing for Earthwork Repair at Landslide Toe/Avenida Placida:
A total of eight weeks of earthwork is anticipated to perform the emergency landslide removal
and repair at the toe of the Placida slide located adjacent to Avenida Placida. Full-time
observation is anticipated during the removal of landslide debris and construction of the
proposed geogrid reinforced buttress slope.
- Earthwork Observation and Testing
Senior Technician (320hrs @ $95/hr) $ 30,400.00
- Geologic Mapping:
Project Geologist w/ Vehicle (160hrs @ $110/hr) $ 17,600.00
- Nuclear Soils Gauge (40 days @ $75/day) $ 3,000.00
- Project Management $ 6.000.00
Phase III. — SUBTOTAL: $ 57,000.00
Project No. 051077-01 Page 3 September 9, 2005
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IV. Compilation and Submittal of Report to the City of San Juan Capistrano:
The results of our observation and testing services during construction operations will be
summarized in field daily reports and project memorandums. At the completion of the
stabilization project, one comprehensive report will be provided. This report will summarize
our observations, earthwork testing results, tieback test results, and geotechnical conditions
encountered during the project.
- Final As -Graded Report
Cost Estimate Summary
$ 20.000.00
Phase IV. — SUBTOTAL: $ 20, 000.00
ITEMS
Estimated Cost
Phase I - Exploratory Investigation and Analysis
$113,170.95
July 2005, August 2005, and Remainder
Phase II - Field Observation of Caisson and Tieback
$ 99,300.00
Installation
Phase III - Field Observation of Landslide Toe Earthwork
$ 57,000.00
Phase IV - Compilation and Submittal of Report to the City of
20,000.00
San Juan Capistrano
$
TOTAL:
$289,470.95
Assumptions
We have made the following assumptions in preparation of this proposal:
• Days of grading and tieback installation will be as noted. Delays due to weather may incur additional costs.
• No geotechnical review response will be required.
• The client will acquire necessary permits for construction purposes unless specified otherwise. Survey
control to be provided by client as necessary.
Schedule
We propose that actual charges for our services be accumulated on a time -and -materials basis in accordance
with our attached 2005 Professional Fee Schedule. Costs for the geotechnical services described above are
estimated to be on the order of Two Hundred Eighty -Nine Thousand Four Hundred Seventy Dollars and
Ninety -Five Cents ($289,470.95). Work will be performed under our existing agreement with the City of San
Juan Capistrano.
Project No. 051077-01 Page 4 September 9, 2005
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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 & ASSOM TES GEOTECHNICAL CONSULTING, INC.
Katie Maes Tim Lawson
Project Geologist Principal Engineer/Geologist
KTM/TJL/sec
Attachment: 2005 Professional Fee Schedule
Distribution: (2) Addressee
Project No. 051077-01 Page 5 September 9, 2005
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Lawson & Associates Geotechnical Consulting, Inc.
2005 PROFESSIONAL FEE SCHEDULE
GEOTECHNICAL SERVICES
Professional Bfi inr Rate (per hour)
WordProcessing................................................................................................................................
$ 45.00
TechnicianI...........................................................................................................................................60.00
.................................. 60.00/per day
CADOperator.......................................................................................................................................65.00
day
SeniorField Technician.........................................................................................................................85.00
50.00/per day
StaffEngineer/Geologist.......................................................................................................................
85.00
Senior Staff Engineer/Geologist/Scientist............................................................................................95.00
day
OperationsManager............................................................................................................................100.00
Upon Request
Project Engineer/Geologist..................................................................................................................105.00
Associate Engineer/Geologist.............................................................................................................120.00
Principal Engineer/Geologist..............................................................................................................160.00
Engineerine Eauipment
VehicleUsage.......................................................................................................................
$ 5.00/per hour
Tiltmeter, Inclinometer Vibration Monitor ............................................
.................................. 60.00/per day
NuclearSoil Gauge..................................................................................................................75.00/per
day
Water Level Sounder................................................................................................................
50.00/per day
Portable Generator....................................................................................................................
50.00/per day
Manometer................................................................................................................................50.00/per
day
Other Monitoring Equipment..................................................................................................
Upon Request
Terms and Conditions
Expert witness testimony, depositions, or mediation conferences, will be billed at 2.0 times the basic
billing rate.
All geologists, engineers, and technicians will be billed at time -and -a -half for overtime.
Invoices are rendered monthly, payable upon receipt.
A retainer of 50 percent of the fee is required for projects with a total estimated fee of $5,000.00 or
less. The balance is due upon report delivery.
Proposals are valid for 30 days, unless otherwise stated.
Heavy equipment, subcontractor fees and expenses, supplemental insurance, travel, shipping,
reproduction, and other reimbursable expenses will be invoiced at cost, plus 15 percent, unless billed
directly to, and paid by the Client.
30 percent of the fee for field studies will be invoiced immediately upon authorization to cover
equipment and mobilization costs.
Client agrees to provide all information in Client's possession about the actual or possible presence of
buried utilities and hazardous materials on the site, and agrees to reimburse LGC for all costs related
to their unanticipated discovery.
1319 Calle Avanzado • San Clemente • CA 92673-6351 • 949.369.6141 • Fax: 949.369.6142 • www.lgcgeo.com
Laboratory Charees
Test
Rate
MoistureContent................................................................................................................................$
9.00
Moisture and Density (ring samples)....................................................................................................18.00
Moisture and Density (shelby tube)......................................................................................................45.00
Maximum Dry Density (optimum moisture content)..........................................................................140.00
Maximum Density Checkpoint.............................................................................................................60.00
Moisture and Density (chunk samples).................................................................................................46.00
Specific Gravity—Fine Aggregate........................................................................................................65.00
Specific Gravity — Coarse Aggregate....................................................................................................55.00
SieveAnalysis.......................................................................................................................................
55.00
HydrometerAnalysis.............................................................................................................................80.00
Sieve and Hydrometer Analysis..........................................................................................................110.00
Percent Passing No. 200 Sieve..............................................................................................................40.00
Liquid Limit and Plastic Limit..............................................................................................................90.00
Liquid Limit —Non Plastic (1 pt)...........................................................................................................65.00
SandEquivalent.....................................................................................................................................65.00
ExpansionIndex ..................................................................................................................................145.00
Direct Shear (undisturbed)..................................................................................................................250.00
DirectShear (remolded)......................................................................................................................250.00
SinglePoint Shear.................................................................................................................................85.00
Consolidation (w/o time rate)..............................................................................................................175.00
CollapseTest.........................................................................................................................................95.00
w/time rate, add (per increment)....................................................................................................30.00
w/extra load, add (per load)...........................................................................................................25.00
R -Value (untreated).............................................................................................................................220.00
R -Value (treated).................................................................................................................................250.00
CBR (untreated) per point...................................................................................................................165.00
SulfateContent......................................................................................................................................50.00
pH..........................................................................................................................................................
30.00
CorrosionSuite...................................................................................................................................200.00
Caltrans216 Compaction....................................................................................................................200.00
Triaxial testing, residual shear testing, permeability, abrasion, and special testing will be charged at
hourly rates. Materials testing fees and additional laboratory testing fees will be provided upon request.
Laboratory samples will be retained for 60 days. A monthly storage fee of $2.50 per bag/$1.00 per ring
will be assessed if longer storage is required.
Weekend testing and RUSH tests may be provided to Clients upon requests and additional charges will be
determined on a project -by -project basis.
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MEMORANDUM September 14, 2005
TO: Dave Adams, City Manager
FROM: Amy Amirani, Public Works Director
SUBJECT: Avenida Placida Landslide — Geotechnical Services
SITUATION
Mitigation of the Avenida Placida Landslide has required extensive geotechnical
services. These services include but are not limited to field investigations, installation
and regular monitoring of slope inclinometers, analysis and evaluation of landslide
characteristics, preparation of geotechnical design recommendations and
specifications, field inspection during construction, and preparation of a final report.
The City's Geotechnical Engineer, Lawson and Associates Geotechnical Consulting,
Inc. (LGC), has submitted a cost of $289,470.95 for these services. Given their
continuous involvement with this project, and their experience with the geology of the
area, staff recommends that LGC perform these services. Staff has reviewed LGC's
proposal and finds it to be reasonable for the scope of work. Staff recommends that a
Personal Services Agreement in the amount of $289,470.95 be awarded to LGC on an
emergency basis to allow for timely completion of the required geotechnical services.
The Agreement has been approved as to form by the City Attorney and has been
executed by LGC. The Agreement is attached for your review and final execution.
FINANCIAL CONSIDERATIONS
The preliminary construction estimate for all the work associated with the Avenida
Placida Landslide is $3.5 Million. This work was unanticipated and is not included in
the FY 05/06 Budget. Staff will seek FEMA reimbursement for the aforementioned
costs.
If you have any questions or require more information, please do not hesitate contact
me at extension 6361.
Attachments: 1. Personal Services Agreement — LGC, Inc.
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9/20/2005
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AGENDA REPORT
CIA
TO: Dave Adams, City Manager
FROM: Amy Amirani, Public Works Director
SUBJECT: Consideration of Waiving Formal Bid Requirements and an Additional
Appropriation of $3.5 Million for Expenditures Related to the Avenida
Placida Landslide
RECOMMENDATION:
By Motion,
1. Adopt a Resolution declaring the Avenida Placida Landslide an emergency
related to the FEMA DR -1585 event, and authorizing the City Manager to
approve the immediate expenditure of public money to safeguard life, health or
property related to the Avenida Placida Landslide; and,
2. Appropriate $3.5 Million from the General Fund Reserve to cover the costs for
work relating to the Avenida Placida Landslide.
SITUATION:
In early June 2005, an ancient landslide, known as the Avenida Placida Landslide was
re -activated. The landslide is located west of the San Juan Hills Estates residential
development, just above Avenida Placida. According to the City's Geotechnical
Engineer, Lawson and Associates Geotechnical Consulting (LGC), the re -activation of
the landslide was due to the heavy rains experienced by Southern California during the
declared FEMA DR -1585 event. This event occurred during the period of February 16
to 23, 2005.
Landslide debris has impacted an existing de -silting basin within the San Juan Hills
Estates development and is threatening to spill on to Avenida Placida. The landslide
also threatens to impact an existing domestic water pipeline, the Krum Reservoir
facility, and related appurtenances. The water pipeline and the Krum Reservoir serve
almost 2000 homes in the southeastern portion of the City. LGC considers the
situation an emergency and recommends that mitigation measures be taken
immediately to remove the landslide debris from the de -silting basin and re -grade the
failed area, as well as protect the existing domestic water facilities.
Staff concurs with LGC and since early June 2005, has worked diligently with its
geotechnical and engineering consultants to formulate construction plans to implement
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Agenda Report
Paae 2
September 20, 2005
these mitigation measures. Staff has also worked closely with the Engineering and
Building Department to expedite plan check reviews and waive typical permit
processing requirements. Staff recommends that the City Council adopt a Resolution
(Attachment 2) declaring the Avenida Placida Landslide an emergency and authorizing
the City Manager to approve the immediate expenditure of public money to procure the
necessary services, equipment and supplies for the purpose of implementing the
recommended mitigation measures.
This project has been previously reviewed in accordance with the California
Environmental Quality Act (CEQA) of 1970. Per the attached memorandum from the
City Attorney's office (Attachment 3), the City Attorney has determined that the
proposed mitigation measures constitute an "emergency project" under the provisions
of Section 15269 of the CEQA Guidelines. Staff is consulting with the U.S. Fish and
Wildlife, California Department of Fish and Game, and the Army Corps of Engineers to
determine the required environmental permits for this project.
Staff anticipates starting the mitigation work by the end of September 2005.
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:
Not applicable.
FINANCIAL CONSIDERATIONS:
The preliminary construction estimate for the work associated with the Avenida Placida
Landslide is $3.5 Million. This work was unanticipated and is not included in the FY
05/06 Budget. Staff recommends that $3.5 Million be appropriated from the General
Fund Reserve to cover the cost for the work associated with the Avenida Placida
Landslide.
Staff will seek FEMA reimbursement for the aforementioned costs on the basis that the
Avenida Placida Landslide is considered an emergency and a threat to public property
and infrastructure.
1]
Agenda Report
Paae 3
RECOMMENDATION:
By Motion,
September 20, 2005
1. Adopt a Resolution declaring the Avenida Placida Landslide an emergency
related to the FEMA DR -1585 event, and authorizing the City Manager to
approve the immediate expenditure of public money to safeguard life, health or
property related to the existence of the Avenida Placida Landslide; and,
2. Appropriate $3.5 Million from the General Fund Reserve to cover the costs for
work relating to the Avenida Placida Landslide.
Respectfully submitted,
Amy Amirani
Public Works Director
AA/PS:mp
Attachments: 1. Location Map
2. Resolution
3. City Attorney Memo
Prepared by,
9 0
ATTACHMENT
0 9
RESOLUTION NO. 05-09-20-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DETERMINING TO WAIVE FORMAL
COMPETITIVE BID REQUIREMENTS FOR CERTAIN WORK RELATED
TO THE AVENIDA PLACIDA LANDSLIDE
WHEREAS, the City Council of the City of San Juan Capistrano, declares the
Avenida Placida Landslide an emergency related to the FEMA DR -1585 event; and,
WHEREAS, the City Council of the City of San Juan Capistrano, considers the
Avenida Placida Landslide a threat to public and private property, and declares that the
public interest and necessity demand the immediate expenditure of public money to
safeguard life, health, or property; and,
WHEREAS, the City Council of the City of San Juan Capistrano, authorizes the
City Manager to expend any sum required in the emergency without complying with
formal competitive bid requirements, pursant to Public Contract Code, Sections 20168
and 22050.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Juan Capistrano, does hereby resolve, determine and order as follows:
SECTION 1.
Formal competitive bid requirements will be waived for all public works contracts
necessary to stabilize damage caused by the Avenida Placida Landslide.
PASSED, APPROVED AND ADOPTED this 20th day of September 2005.
ATTEST:
MONAHAN, CITY CLERK
09-20-2005
0
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
•
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 05-09-20-04 was duly adopted by the City Council of the
City of San Juan Capistrano at a Regular meeting thereof, held the 20th day of September 2005,
by the following vote:
AYES: COUNCIL MEMBERS: Allevato, Bathgate, Soto, Swerdlin, & Mayor Hart
NOES: COUNCIL MEMBER: None
ABSTAIN: COUNCIL MEMBER: None
M G RET R. MONAHAN, City Clerk
AUG -18-2005 THU 12:02 PM druff Spradlin Smart FAX KIP 4 835 7787
LAW OFFICES OF
WOODRUFF, SPRADLIN & SMART
A ppnGF$SIONA4 Coppop ATION
ib
MEMORANDUM
TO: Amy Amirani, Public Works Director
City of San Juan Capistrano
FROM: Omar Sandoval, Deputy City Attorney
DATE: August 17, 2005
P. 02
RE: Waterworks Repairs re Placida Landslide Area, Crum Reservoir
This confirms our telephone conversation this afternoon pertaining to the above -
referenced waterworks. As we indicated in our conversation, we opine that the
"emergency project" exemption to CEQA applies to the waterworks identified in the
recent reports by the City's consultants, RBF Consulting Engineers and Lawson
Geotechnical, pertaining to the Crum Reservoir and the water line compromised by the
Placida Landslide.
We understand that the work is necessary to safeguard the reservoir and
waterline, which serves approximately one-half of the City. Failure of the facilities would
also threaten residences directly below the reservoir site.
Therefore, the work qualifies as an emergency project under CEQA Guideline
15269. Specifically, the work would maintain, repair, or restore facilities damaged by a
disaster as declared by the Governor on January 15, 2005 for the 2005
January/February storms (On March 18, 2005, the Governor asked for Federal disaster
assistance, and FEMA subsequently declared a disaster on April 14, 2005 (Declaration
No. 1585 -DR)). Furthermore, the project is an emergency repair to facilities necessary
to maintain service essential to the public health, safety, or welfare.
Please contact us should you need additional assistance pertaining to this
matter.
cc: Molly Bogh, Planning Director
Bill Ramsey, Environmental Administrator
Dave Adams, City Manager
John R. Shaw, City Attorney
ATTACHMENT 3
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MEMBERS OF THE CITY COUNCIL
SAN JUAN CAPISTRANO, CA 92875i
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(949) 493-1171f,.('4y!
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In[oAVOAAiFB
SAM ALLEVATO
DIANE BATHGATE
(949) 493-1053 FAx
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1961
www.sanjuancapistrano.org
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JOE ASOTOTT RT
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•
DAVID M. SWERDUN
September 21, 2005
Tim Lawson
Lawson and Associates Geotechnical Consulting, Inc.
1319 Calle Avanzado
San Clemente, CA 92673-6351
Dear Mr. Lawson:
A fully executed, original Personal Services Agreement related to providing
geotechnical engineering services for the Avenida Placida Slide Repairs is enclosed for
your records.
Thank you for maintaining documentation confirming current compliance with the terms
of insurance under your agreement with the city. Please keep in mind that should this
documentation lapse, all work under this agreement must stop and all payments will be
withheld until we receive proper evidence of insurance.
You may proceed with work under this agreement in coordination with the project
manager, Peter Salgado, Senior Civil Engineer (949) 443-6366.
Thank you,
CMC
Clerk
cc: Peter Salgado, Senior Civil Engineer
Amy Amirani, Public Works Director
San .Tuan Capistrano: Preserving the Past to Enhance the Future
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