09-0729_PETRA GEOTECHNICAL , INC_Personal Services Agreement0 0
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this Z9
day of July, 2009, by and between the City of San Juan Capistrano (hereinafter referred to
as the "City") and Petra Geotechnical, Inc. (hereinafter referred to as the "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to secure a Preliminary Geotechnical Investigation for the planned Northwest
Open Space, Phase 1A improvements; 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:
Se t_ is on 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. 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.
Segtion 2. Term.
This Agreement shall commence on the effective date and shall terminate, and all
services required hereunder shall be completed, no later than December 31, 2009.
SeSe t�3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed $$4,415
(four -thousand, four -hundred, and fifteen dollars and no cents), as set forth in Table 1 of
Exhibit 'A" 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 City
will pay monthly progress payments based on approved invoices in accordance with this
Section.
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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 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 Assionment.
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.
For extra work not part of this Agreement, a written authorization from City 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 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/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 City, it shall immediately inform the 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.
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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.aov, or
access the registration page at https://www.vis-dhs.com/emploverreaistration. 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 City at least one (1)
copy of any final reports and/or notes or drawings containing Consultant's findings,
conclusions, and recommendations with any supporting documentation. All reports
submitted to the City shall be in reproducible format, or in the format otherwise approved by
the City in writing.
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.
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Section 13. Indemnity.
To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold
harmless the City and its elective and 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 City, is due to the negligence, recklessness and/or wrongful
conduct of the City, 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 City, the insurance
specified below with insurers and under forms of insurance satisfactory in all respects to the
City. 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 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).
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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 City, 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 City,
its officers, employees, agents, or volunteers.
14.5 Errors and Omissions Coverage
Throughout the term of this Agreement, Consultant shall maintain Errors and
Omissions Coverage (professional liability coverage) in an amount of not less than One
Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant
shall submit an insurance certificate to the City's General Counsel for certification that the
insurance requirements of this Agreement have been satisfied.
14.6 Notice of Cancel lation/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.
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City 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 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: William A. Ramsey, AICP, Principal Planner
To Consultant: Petra Geotechnical, Inc.
3185-A Airway Avenue
Costa Mesa, CA 92626
Attn: Dr. Siamak Jafroudi
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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
By: �a-5r
Joe T it, City Manager
CON T
oww',
City Attorney
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'etra Geotechnical, Ke
)r. Siamak JafrouA
3185-A Alm ay ,Avcnuc
Coeur cjifomia 91626
T'145498921 F: 7145491438
past + present + nature
it's in Our Science
Exhibit "A", Scope of Work yinuers G1:ulugislx
[irnrnnmeltlnl Seienlisls
July 16, 2009
RevisedJuly28,2009
P.N. 1186-09
Mr. William A. Ramsey, AICP, Principal Planner
Department of Planning Services
CITY OF SAN JUAN CAPISTRANO
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Subject: Proposal for Preliminary Geotechnical Investigation, Northwest Open Space, Phase 1A
Master Plan Improvements, City of San Juan Capistrano, California.
Dear Mr. Ramsey:
In accordance with your Request for Proposal (RFP), Petra Geotechnical, Inc. (Petra) is pleased to submit this
proposal for conducting a geotechnical investigation for the Phase I Park Improvement that is a part of the
Northwest Open Space area.
Petra, and its predecessor company, has been involved in geotechnical investigation, earthwork observation
and testing and third party review for projects in the City of San Juan Capistrano since 1975. Some of our
accomplishments are as follows:
• Previously performed City Review responsibilities
• Completed 439 projects within the City limits
• Completed 36 projects within one mile radius of the subject site
• Completed 121 park and recreation areas in southern California
In preparing this proposal, we have performed the following:
• A cursory reconnaissance of the areas of proposed construction.
• A review of various published and unpublished geotechnical maps and literature pertaining to regional
and local geologic conditions, as well as previous engineering geotechnical investigation reports
prepared by our firm for other projects in the vicinity of the subject site.
Conducted in-house consultation with senior personnel to identify the pertinent geotechnical factors
with respect to the proposed construction, and to determine the most appropriate exploration
methodology for this project.
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CITY OF SAN JUAN CAPISTRANO
July 16, 2009
Revised July 28, 2009
P.N. 1186-09
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The project site is an irregularly shaped parcel of land, approximately 15 acres in area that topographically is
bounded by Oso creek to the west and Trabuco Creek to the east. The site is located at the northern terminus
of 60+ acres Northwest Open Space Phase 1 Park Improvement and is bounded by OCTA Metrolink tracks to
the west, Camino Capistrano to the east, and developed and undeveloped land to the north and south,
respectively. The site can be characterized as a rural farm that consists of a few structures surrounded by citrus
groves.
Based on our review of the project information that has been provided to us at this early stage of planning, it is
our understanding that the proposed improvements will generally include the following:
• Community gardens that occupy about 2.5 acres of the site
• Enhanced Swanner property (a historic and cultural landmark) citrus grove that occupies about 2 acres
with decomposed granite pathways and presentation/education area
• Group picnic area occupying about 4 acres with barbeque grills and picnic tables
• Limited recreation areas consisting of two volleyball courts, a softball backstop field and three
horseshoe pits
• Accessory improvements including park entry with signage, access drives, parking area, restrooms and
similar improvements
Although detailed grading and architectural plans have not yet been provided for our review, it is assumed
based on our recent experience with similar projects that all proposed buildings within the site will be single -
story, wood -frame or masonry structures with concrete floor slabs constructed on grade.
ANTICIPATED SITE CONDITIONS
Based on the previous experience of our firm with other projects in the area of the subject site, we anticipate
the following conditions with respect to surface and subsurface conditions within the areas of proposed
improvement:
• Our previous experience has shown that the native soils in the area of the subject site are generally
suitable for support of compacted fills and structures having light to moderate foundation loadings;
however, near -surface soils may be prone to excessive settlement under the anticipated overburden
pressures. For this reason, our investigation will include a sufficient number of exploratory borings to
identify and evaluate potentially compressible soils. If encountered, the geotechnical report will
provide geotechnical recommendations for remedial grading and foundation design as deemed
appropriate to mitigate excessive total and differential settlement within the area of proposed
construction.
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July 16, 2009
Revised July 28, 2009
P.N. 1186-09
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• In a recent investigation at a site to the south of the subject site, groundwater was encountered at
depths corresponding to elevations ranging from approximately 113 to 118 feet above Mean Sea Level
(msl). These elevations roughly correspond to the elevations of the existing ground surface along the
adjacent Trabuco Creek channel invert. We anticipate the depth to groundwater within the site to
correspond to similar elevations.
Our review of maps published by the State of California Division of Mines and Geology (CDMG, now
referred to as the California Geological Survey, CGS) indicates that the subject site is located within
the boundaries of a designated Liquefaction Hazard Zone. Please note that, for purposes of this
proposal, however, it is assumed that no structures for human occupancywill be proposed within this
zone, and that no additional field work and engineering analysis will be required to evaluate
liquefaction potential and lateral spreading. In the event that liquefaction -prone soils are encountered
during our investigation, our scope of services may need to be modified to include the appropriate
laboratory testing and liquefaction analysis. Under such circumstances, we will inform you as soon as
practical of the associated additional costs.
Based on our cursory review, no portion of the subject site appears to be located within a designated
Alquist-Priolo Earthquake Fault Zone. Therefore, it has been assumed for purposes of this proposal
that no additional subsurface investigation (fault study) will be required to define the location and age
of most recent displacement along active fault traces. Our study will, however, include a review of
background geotechnical literature to determine if the likelihood of active faulting within the site is
such that additional studies may be warranted. Such additional studies, if required, would be
considered beyond the scope of this proposal.
SCOPE OF SERVICES
In order to evaluate the subsurface conditions and to provide specific recommendations pertaining to site
grading and design of foundations for the proposed improvements, Petra proposes to provide the following
services as part of our geotechnical investigation:
1. Perform an initial site reconnaissance and geologic mapping.
2. Review existing published and unpublished reports and maps concerning soil and geologic conditions
within and adjacent to the site.
3. Review plans and project specifications made available to us at the time of our investigation, including
site grading plans, foundation plans and other details for the proposed buildings, and associated
improvements.
4. Coordinate with the local underground utilities locating service (Underground Service Alert) to obtain
an underground utility clearance prior to commencement of the subsurface investigation.
5. Advance an appropriate number of exploratory borings at mutually agreed upon locations to
adequately characterize subsurface soil, geologic and, if encountered, groundwater conditions in areas
of proposed improvements. In consideration of the size of the project site and type of construction
proposed, we propose to perform the following:
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CITY OF SAN JUAN CAPISTRANO
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Revised July 28, 2009
P.N. 1186-09
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• Drill one exploratory boring to a maximum depth of 50 feet below the existing ground surface in
the area of the proposed central restroom.
• Drill four exploratory borings to a maximum depth of 15 feet below the existing ground surfaces
in areas where foundations are proposed to support the other restroom and within the proposed
access road, parking area and other relevant improved area. (If the allotted time allows a few
borings to a maximum depth of 6 feet may also be drilled in various areas.)
All exploratory boreholes will be drilled utilizing a subcontracted hollow -stem drilling rig. Equipment
subcontractors will be required to provide evidence of current general liability, workman's
compensation, and automobile insurance prior to being retained for the proposed work. The rates for
contracted drilling equipment provided in our cost estimates are based on non -overtime weekday rates.
Upon completion of sampling and logging, all boreholes will be backfilled with the excavated soil
cuttings and tamped to mitigate excessive settlement,
6. Contact a qualified archeological company to monitor our field operation to prevent any potential
damage to the culturally sensitive areas of the subject site.
Log and field -classify soil materials encountered in each boring in accordance with the visual -manual
procedures outlined in the Unified Soil Classification System (USCS) and the American Society for
Testing and Materials (ASTM) Procedure D 2488-00 and ASTM D 2487-00. If encountered, the
depth to seepage zones and/or static groundwater will also be documented. All field activities will be
performed by, or under the direct supervision of, a State of California Certified Engineering Geologist,
8. Collect representative bulk and undisturbed soil samples from the exploratory borings for laboratory
analysis. Undisturbed samples will be retrieved at 3- to 5 -foot depth intervals utilizing a 2.4 -inch
inside diameter, modified California split -spoon sampler. In addition, where granular soils are
encountered within the saturated zone, these materials will be selectively sampled using the Standard
Penetration Test (SPT). In an effort to maintain uniformity of driving energy, all samples will be
driven with successive 30 -inch blows delivered by a 140 -pound hammer assembly.
9. Perform appropriate laboratory analyses on soil samples which may include all or a portion of the
following:
• In-situ and maximum dry density determination
• In-situ and optimum moisture content
• Atterberg limits
• Expansion potential
• Shear strength
• Consolidation characteristics
• Soluble sulfate and chloride content
• Soil corrosivity (pH and minimum resistivity).
10. Perform appropriate engineering analysis of all field and laboratory data. Our analyses will include
calculation of seismic design parameters per the applicable sections of the 2007 California Building
Code (CBC), geotechnical foundation design parameters (including allowable bearing capacity), and
potential total and differential settlement due to static conditions.
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July 16, 2009
Revised July 28, 2009
P.N. 1186-09
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Note: Based on the type ofstructures proposed within the subject site, it is assumed that neither a site-
specific ground motion analysis nor a ground motion hazard analysis are required as described in
Section 1614A.1.2 of the 2007 CBC. If project design criteria require such an analysis, a detailed
cost estimate for these additional services will beprovided when more information regarding building
design is made available to us.
11. Attend one telephonic consultation meeting with you and other members of the design team to discuss
the results of our investigation and the content of our geotechnical report for the site, if so desired.
12. Prepare a comprehensive geotechnical report presenting the results of our investigation and
recommendations for site grading, foundation design and construction, and design and construction of
exterior hardscape in accordance with applicable sections of the California Building Code and local
jurisdictional requirements. In general, our site-specific geotechnical report will include the following:
• A description of site conditions and factors that are likely to influence the proposed construction.
• A summary of project requirements and assumptions regarding design criteria as known to us at
the time of field exploration and report preparation.
• A summary of subsurface conditions as encountered during our field exploration.
• A site plan depicting the location of field exploration points, and detailed exploratory boring logs.
• A description of laboratory test procedures and test results.
• Sitc preparation, grading and, if appropriate, ground modification requirements.
• A discussion of temporary excavation stability and, if deemed necessary, recommendations for
stabilization of temporary excavation sidewalls.
• Acceptability of onsite soils for use as fill and backfill, and criteria to be used to determine the
acceptability of imported soil materials (if necessary).
• Presence of groundwater and its potential impact on the proposed construction.
• Foundation types, depths and allowable soil bearing values.
• Geotechnical recommendations for retaining wall design, if any.
• Expansion potential of the site soils and its impact on the proposed new site improvements.
• Preliminary design criteria for exterior concrete flatwork and pavement.
• A preliminary discussion of soil corrosivity and its potential impact on concrete and metals placed
in contact with onsite soils.
• A brief discussion on regional faulting and site seismicity and secondary seismic effects (including
liquefaction and associated phenomena).
• Seismic ground motion values per Section 1613A.5 of the 2007 CBC.
ESTIMATE OF FEES AND CONDITIONS
Petra proposes to charge for our preliminary geotechnical services on a time and cost basis in accordance with
our standard fee schedule. However, based upon the scope of services outlined above and the specific project
requirements and the understanding that the project will be subject to the State Prevailing Wage requirements,
our total charges are estimated to be $3,965.00. A breakdown of anticipated costs is attached for reference
(Table 1). This estimate remains valid for a period of 90 days from the date shown.
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Provision for Archeological Monitoring — It should be noted that our subsurface exploration program will
render an eight inch diameter hole and some churned material. While the access to various portion of the site
appears to be readily available, we will maintain a cautious approach by the drill rig to the designated locations.
However, due to the culturally sensitive nature of the project site, we have contacted an RPA registered field
archeological firm from the list you have provide for monitoring the site during our field exploration program.
The cost of their monitoring activities is estimated to be $450. This amount is included in our budget under the
line item Field Investigation.
This proposal is prepared prior to obtaining any site-specific subsurface information, beading plans or
definitive project specifications. Depending on subsurface conditions and the proposed design concept,
modifications to our proposed methodology may become necessary. Examples of such conditions would be
lack of access to critical areas of the sites, the presence of impenetrable soil layers, unusually thick deposits of
artificial fill or unsuitable native materials, or subsurface obstructions that may require additional studies. If
such is the case, we will inform you immediately to discuss what impact these unanticipated conditions may
have on our study and our cost estimate based on the revised scope.
Please note that certain assumptions were previously made in our scope of services. Our cost estimate is
partially based on these assumptions. Therefore, please review these assumptions and contact us
regarding any questions or changes that may be required.
EXCLUSIONS AND LIMITATIONS
Hazardous Materials/Waste: Our study excludes the effects of proposed development on the
environment. It is further understood that the scope of our geotechnical investigation will be limited to
evaluation of the engineering properties of onsite soils and that this scope excludes any investigation
or treatment of hazardous materials/wastes that may exist on or beneath the site. Upon request, a
proposal for such services can be provided by the environmental division of this firm.
2. Undereround Utilities Clearance: As stated previously herein, Petra will make reasonable effort to
identify potential conflicts with existing surface and subsurface utilities to reduce the risk of accidental
damage to these structures during subsurface exploration activities. In accordance with current
standards of practice, our efforts will include the following:
• We will contact Underground Service Alert of Southern California (USA) to obtain the required
underground utilities clearance. If deemed necessary, we will request that representatives of all
utility companies involved attend a site meeting to verify that the locations of our proposed
exploration points are clear to utility locators.
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CITY OF SAN JUAN CAPISTRANO
July 16, 2009
Revised July 28, 2009
P.N. 1186-09
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In the event that any of the utility locating representatives informs us that buried pipelines and/or
other structures are indeed known to exist in the area of proposed exploration but is unwilling or
unable to provide an accurate location for these structures, it may be necessary to retain an outside
consultant to perform a geophysical survey of the area. The costs associated with this contracted
work are not included in our proposal budget and will be billed as additional services on a
time -and -materials basis.
Our firm is not in the practice of underground utility local ng; this is a function that is routinely
performed by field locators representing the various utility companies with buried lines in the area. It
is therefore the opinion of this firm that the individual utility companies are the best qualified to
accurately establish the locations of their own respective underground lines within the areas of
proposed investigation. We would expect the field locators representing these entities to utilize
whatever methods are necessary (including surface mapping and remote sensing techniques) to
accurately identify the locations of their structures. If the field locators identify potential conflicts,
Petra will maintain any safe setback distance established by the utility locators.
Any underground utility location efforts beyond coordination of the services described above are
considered to be outside of the scope of this proposal. Although our previous experience has shown
that use of the utility locating resources listed above is an effective means by which to avoid utility
conflicts, the Client should understand (as we do) that there are inherent risks to any subsurface
investigation, and that the locations of all underground structures and utilities may not be made known
to us prior to our investigation. For this reason, Petra cannot assume responsibility for damage to
subterranean structures or utilities that are not called to our firm's attention and/or fully and accurately
described and located on the plans provided for our use.
3. Perrnittin¢: Due to the limited depth of the proposed soil borings, the need for a soil boring permit is
not anticipated. If it is determined that a soil boring permit and associated fees will apply, those costs
will be considered as additional fees that are outside the scope of this proposal.
Structural Evaluation: Please note that our investigation will not include any study or evaluation of the
structural integrity of any existing buildings or appurtenant exterior improvements within the subject
site or adjacent properties, nor any investigation of the foundation soils that underlie the existing
structures.
5. Post -Submittal Services: Our estimated fee covers the scope of services as previously described and
includes preparation of a report for the exclusive use of the City of San Juan Capistrano and their
designated project team. Our work will include typical client communication during the course of our
study and attendance at one (1) project team meeting prior to finalizing our geotechnical reports.
Furthermore, typical phone conversations with other project team members are also anticipated (i.e.,
civil engineers, architect and structural engineers). However, during the progression of the project and
after report submission, client meetings, consultations, review of revised plans, correspondence and
consultation with other members of the project team such as civil and structural engineers, architects
and contractors, agency contact and response to agency review (if applicable) will be billed as
additional services on a time and cost basis in accordance with our standard schedule of fees without
preparation of a new proposal.
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CITY OF SAN JUAN CAPISTRANO July 16, 2009
Revised July 28, 2009
P.N. 1186-09
Page 8
6. Prevailing Wage Status: It is our understanding that this project is subject to the Prevailing Wage Law
as set forth under the terms of the California Labor Code. This proposal is presented on this basis.
Construction Phase Services: Our proposal does not include providing geotechnical observation and
testing services during the grading and construction phases of the project. These services will be
performed upon request on a time and cost basis in accordance with our standard fee schedule. The
terms of this proposal would be applicable for such services; however, prior to providing these
additional services, we will contact you to discuss the scope of the services and approximate costs, and
to discuss whether an amendment to this proposal is required prior to proceeding with the additional
work.
8. Sample Shelf Life: All soil samples obtained during our subsurface investigation will be discarded 90
days after completion of our fieldwork.
The work outlined in this proposal will be carried out in accordance with acceptable geotechnical principles
common to the local area in which we practice. We make no other warranties, either expressed or implied.
INVOICES AND PAYMENT
Petra will submit invoices to you for payment on a monthly basis. Invoices will specify the actual costs
incurred during the billing period, which is the first of the month through the end of the month. Invoices for
consulting services will reference the specific tasks for which the costs were incurred. Indirect costs such as
equipment, materials and subcontracted work will also be included. The invoices are due and payable upon
receipt regardless of whether the costs are reimbursable by another party.
SCHEDULE
We expect to begin our investigation immediately upon receiving this fully executed contract with your written
authorization to proceed. We anticipate that the fieldwork will be complete approximately 10 working days
after receipt of your authorization to proceed, weather permitting and subject to subcontracted labor and/or
equipment availability. The time required for completion of our report is contingent upon several factors
including receipt of plans from you, time required to perform laboratory analysis, engineering analysis, and
geotechnical map preparation among other conditions. In consideration of these factors, we anticipate that our
geotechnical report will be available approximately four to five weeks after receipt of your written
authorization to proceed.
We will maintain contact with you during the course of our investigation to keep you informed of our findings.
Upon request, we can provide tentative geotechnical design parameters to you or your representative as soon
L
CITY OF SAN JUAN CAPISTRANO
is
July 16, 2009
Revised July 28, 2009
PX 1186-09
Page 9
as they are determined if the above schedule for report delivery is not compatible with your time schedule. In
the event that an accelerated report preparation time is desired, we would be pleased to discuss the conditions
of such service with you at your convenience.
AUTHORIZATION
The opportunity to present this proposal is sincerely appreciated. Please do not hesitate to call if there are
questions or comments regarding the proposed scope or methodology. If this proposal and the attached
"Exhibit A - Conditions" meet with your approval, please sign below and on page 13 of this agreement and
return a copy to this office. Should you have any questions regarding the content or terminology of these
conditions, please contact us at your earliest convenience. Any revisions must be agreed upon by both parties
prior to commencement of work.
Please provide us with a grading plan for the site at your earliest convenience. This plan will be
required to complete our geotechnical report.
Respectfully submitted,
PETRA GEOTECHNICAL, INC.
Darrel Roberts
Vice President, Principal Geologist
CEG 1972
Siamak Jafroudi, XID.
President, Senior Principal Engineer
GE 2024
Distribution: 2cc — Addressee
SJ/DR/kg
WoOMProposalsk 1186-o9 cliy of San Juan Capistrano 8 VISED.doe
By:
Date:
AUTHORIZATION TO PROCEED
Cost Estimate:4 4$ . I5.00
(Please Also Sign Page 13)
0 0
CITY OF SAN JUAN CAPISTRANO July 16, 2009
Revised July 28, 2009
P.N. 1186-09
Page 10
TABLE I
COST BREAKDOWN FOR GEOTECHNICAL INVESTIGATION
PROPOSED PARK, NORTHWEST OPEN SPACE, PHASE IA MASTER PLAN IMPROVEMENT CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA.
INITIAL RESEARCH/PROJECT COORDINATION
Initial Site Reconnaissance
Collection and Review of Published Maps and Reports
Equipment Scheduling/Field Work Coordination
Underground Utilities Clearance SUBTOTAL: $125.00
FIELD INVESTIGATION
Exploratory Borings (Contracted Drilling Rig, Prevailing Wage Rates)
Logging/Sampling
RPA Registered Field Archeological Firm Monitor Borings SUBTOTAL: $2,275.00
LABORATORY ANALYSIS
In -Place Moisture/Density
Maximum Density
Expansion Potential
Atterberg Limits
Consolidation Characteristics
Shear Strength
Soluble Sulfates and Chlorides
pH/Minimum Resistivity SUBTOTAL: $830.00
OFFICE STUDIES AND CONSULTATION
Laboratory Data Evaluation
Grading Plan Review
Engineering and Geological Analysis and Data Evaluation
Engineering Analysis - Foundation Design
Project Management, Team Meeting and Client Consultation SUBTOTAL: $290.00
REPORT PREPARATION
Report Writing (Project Geologist and Engineer)
Technical Review
Technical Illustration
Reproduction and Delivery (4 copies) SUBTOTAL: $895.00
PROJECT TOTAL: $4,415.00
Notes: 1) This estimate is based on the assumptions and exclusions presented previously in this proposal. Please review
these assumptions and exclusions and contact us regarding any questions or changes that are required.
2) The cost for archeological monitoring of the site during our field operation is not included in the above estimate.
0
CITY OF SAN JUAN CAPISTRANO
EXHIBIT "A" - CONDITIONS
RIGHT OF ENTRY
Is
July 16, 2009
P.N. 1186-09
Revised July 28, 2009
Page 11
The Client will provide for right of entry of Petra Geotechnical, Incorporated (Petra) personnel, as well as all equipment
and other personnel necessary in order to complete the work. Pena will take reasonable precautions to minimize any
disturbance to, damage to, or accumulation of excavation spoils on the property, but it is understood by the Client that in
the normal course of work some disturbance and damage may occur and some spoils may be generated, the restoration
and correction of which is not part of this Agreement. The Client accepts this fact and will not hold Petra responsible for
any disturbance and damage other than that caused by gross negligence or willful misconduct of Petra or its personnel.
DISCLOSURE OF UNDERGROUND UTILITIES
In the prosecution of this work, Petra will take all reasonable precautions to avoid damage or injury to subterranean
structures or utilities. The Client understands that all such structures or utilities will not be known to Petra, and agrees
not to hold Petra responsible for damage to subterranean structures or utilities which are not called to Petra's attention
and fully and accurately described and located on the plans furnished.
As a further precautionary measure, Petra will contact a regional notification center before engaging in any subsurface
operations in compliance with California Government Code Section 4216 et seq.; however, Client is advised that these
centers do not notify utilities that may have non -pressurized sewer lines, storm drains or other non -pressurized drain lines
on the subject property. Client will be responsible for providing this information to Petra. Should Client fail to provide
the locations of non -pressurized lines on Client's property to Petra, then Client shall defend, indemnify and hold harmless
Petra, its officers, employees, agents and subcontractors (including Petra's attorneys' fees and costs) for any damages
caused to any non -disclosed lines and shall release Petra, its officers, employees, agents and subcontractors from any
liability for such damage.
STANDARD OF CARE
Services performed by Petra under this agreement will be conducted in a manner consistent with that level of care and
skill ordinarily exercised by members of the profession providing similar services at the same time under the same
conditions and locality.
The Client acknowledges that subsurface conditions can vary from conditions encountered at the location where borings
or explorations are made by Petra and that the data, interpretations of the data, and recommendations of Petra are based
solely on the information, which was available to Petra. Petra will not be responsible for any interpretation by others of
data or information developed. The data obtained during the investigative phase is subject to confirmation by conditions,
which are encountered during the construction.
The Client warrants that all information supplied by Client to Petra for their use in completing its services under this
Agreement are accurate and sufficient for use by Petra, and that Petra can rely on their completeness and accuracy.
HAZARDOUS MATERIALS
Services provided by Petra may, at times, require subsurface explorations in areas where hazardous materials may be
encountered, as well as in areas that contain wetlands, endangered species and protected habitat. The Client
acknowledges and warrants that Client has no knowledge of or reason to suspect that hazardous materials, wetlands,
endangered species and/or protected habitat are present at the subject site. Should such conditions be present or
subsequently discovered, whether they are known or unknown by Petra, Client agrees to indemnify, defend and hold
harmless Petra, its officers, employees, agents or subcontractors from any and all claims (including attorney fees and
costs) that result, or are alleged in whole or in part, to be the fault of Petra in providing their services on the subject site
1]
CITY OF SAN JUAN CAPISTRANO
EXHIBIT "A" - CONDITIONS
11
July 16, 2009
P.N. 1186-09
Revised July 28, 2009
Page 12
that involves the presence of any of these conditions. The Client also agrees to compensate Petra for any and all time
and/or expenses incurred by Petra in defense of any claim; for storage, transportation and disposal of contaminated
samples; and for disposal of contaminated consumables and/or decontamination of equipment. All such compensation
shall be based upon Petra's prevailing "Schedule of Fees."
Petra reserves the right to unilaterally suspend or tenninate all services under this Agreement at its sole discretion in the
event that hazardous materials are discovered. If Petra's services are terminated or suspended, Petra agrees to negotiate
in good faith a new agreement to continue to meet Client's needs.
DISPUTES
In the event any bill or portion thereof is disputed by Client, Client shall notify Petra within ten days of receipt of the bill
in question, and Client and Petra shall work together to resolve the matter within 30 days of its being called to Petra's
attention. If resolution of the matter is not attained within 30 days, either party may terminate this Agreement in
accordance with conditions indicated below (see "Termination of Agreement").
If Client for any reason fails to pay the undisputed portion of Petra's invoices within 30 days of presentation, Petra shall
cease work on the project and Client shall waive any claim against Petra, and shall defend and indemnify Petra from and
against any claims for injury or loss stemming from Petra's cessation of service. Client shall also pay Petra the cost
associated with premature project demobilization. In the event the project is remobilized, Client shall also pay the cost of
remobilization, and shall renegotiate appropriate contract terms and conditions, such as those associated with budget,
schedule, or scope of service.
Neither the Client nor Petra may delegate, assign, sublet or transfer his or its duties or interest in this Agreement without
the prior express written consent of the other parry.
LIMITATION OF LIABILITY
In recognition of the relative risks and benefits of the project to both the Client and Petra, the risks have been allocated
such that the Client agrees, to the fullest extent permitted by law, to limit the liability of Petra and its subconsultants to
the Client and to all construction contractors and subcontractors on the project for any and all claims, losses, costs,
damages or any nature whatsoever or claims expenses from any cause or causes, so that the total aggregate liability of
Petra and its subconsultants to all those named shall not exceed $50,000.00, or Petra's total fee for services rendered on
this project, whichever is greater. Such claims and causes include, but are not limited to, negligence, professional errors
or omissions, strict liability, breach of contract or warranty. Client and Petra acknowledge that this provision was
expressly negotiated and agreed upon.
Further, client specifically agrees, without regard to any limitation of liability amount set forth above, to defend,
indemnify and hold harmless Petra and its agents, employees, and consultants from and against all claims brought by or
on behalf of third parties including any damages, losses and expenses, including attorneys fees arising out of or in any
way relating to Petra's work. Such claims include but are not limited to all claims demands, or liability for any error,
omission or other negligence, including but not limited, to, theories based upon negligence, professional negligence, strict
liability, warranty or breach of contract.
This indemnity and hold harmless agreement shall apply regardless of any active and/or passive negligent act or omission
on the part of Petra, its agents, employees or consultants, but shall not apply to claims arising from the sole negligence or
willful misconduct of same.
CITY OF SAN JUAN CAPISTRANO
EXHIBIT "A" - CONDITIONS
U
July 16, 2009
P.N. 1186-09
Revised July 28, 2009
Page 13
For an additional fee of $1,500.00 or five percent (5%), whichever is greater, of the fees paid by the Client to Petra for
the project, Petra agrees to increase the total aggregate liability of Petra and its subconsultants to all those named to a
mutually agreed upon amount not to exceed $ . [_Client's Initials]
Either the Client or Petra may terminate this Agreement at any time with or without cause upon giving the other party 10 -
calendar days prior written notice. The Client shall within 30 calendar days of termination notice pay Petra for all
services rendered and all costs incurred up to the date of termination, in accordance with the compensation provisions of
this contract. Petra will provide to the Client a copy of the work product generated to the point of termination of this
agreement within 10 days from receipt of full compensation for the work performed to the date of termination.
The Client agrees to hold Petra harmless from any claims against Petra arising out of any future work provided by
replacement consultants should the Client or Petra terminate their Agreement prior to completion of services and the
Client then proceeding with the project.
I/We have read this proposal and Exhibit "A" - Conditions, agree to the terms and conditions set forth, and authorize
work to proceed. These terms and conditions as set forth are binding upon those ordering and/or authorizing this work,
and on the assigns or successors in interest.
NAME OF CLIENT (Please Print)
ADDRESS
CODE
TELEPHONE
LENDER/CITY
SIGNATURE OF CLIENT/AUTHORIZED AGENT DATE
Today's Date:_ $/3/2009 0 •
CONTRACT TRANSMITTAL
CIP No. (if any):
Transmittal Routing
(Check All That Apply)
® City Attorney
® City Manager
® City Clerk
Project Manager's Last Name: Apple Phone Extension: 6325
Council or CRA Meeting Date (if applicable):
APPROVING AUTHORITY: (Check One)
Mayor
[JCRA Chair
MCity 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 Cit St Zi
OTHER INSTRUCTIONS:
Please sign and forward to the next applicable department. Thank you.
Form Date: 01-2004 D-7
0
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www sanjuancapistrano. org
TRANSMITTAL
TO:
Petra Geotechnical, Inc
Attn: Dr. Siamak Jafroudi
3185-A Airway Avenue
Costa Mesa, CA 92626
DATE: August 6, 2009
tiMo�
IA[IAl1AAlf1
• H1An1A110 1961
1776
MEMBERS OF THE CITY COUNCIL
FROM: Christy Jakl, Administrative Specialist, City Clerk's Office (949) 443-6310
SAM ALLEVATO
LAURA FREESE
THOMAS W. HRIBAR
MARK NIELSEN
DR LONDRES USO
RE: Personal Services Agreement — Preliminary Geotechnical Investigation for Northwest
Open Space Phase 1A
Thank you for maintaining documentation confirming compliance with the terms of the
agreement related to insurance. Keep in mind this documentation must remain current with
our office during the term of this agreement.
Please be aware, our office still needs to receive an E -verify certificate as outlined in your
contract under Section 9. If you have questions related to insurance and E -verify
requirements, please call me at (949) 443-6310.
If you have questions concerning the agreement, please contact Brenda Heskett, Management
Analyst at (949) 443-6325.
An original agreement is enclosed for your records.
Cc: Brenda Heskett, Management Analyst
San Juan Capistrano: Preserving the Past to Enhance the Future
04 Printed on 100% recyded palter