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12-0726_LGC GEOTECHNICAL, INC._Personal Services AgreementPERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effectivethisay of daae 2012, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and LGC Geotechnical, inc. (hereinafter referred to as the "Consultant'). RECITALS: WHEREAS, City desires to retain the services of Consultant to perform a geotechnical analysis and provide a report of the Placida Landslide area; 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 the Consultant shall consist of those tasks as set forth in Exhibit "A," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than 90 days from the effective date. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $14,000 as set forth in Exhibit "A." 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. 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 the City. Invoices shall be addressed as provided for in Section 16 below. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of the City, and shall obtain no rights to any benefits which accrue to Agency's employees. Section 5. Limitations Upon SubcontracUna and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the 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 the 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. 2 Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the 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. 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 3 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). 14.3 Workers' Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Workers' 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 4 volunteers as additional insured 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 Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City 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 5 be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: City Manager To Consultant: Tim Lawson, GE, CEG LGC Geotechnical, Inc. 120 Calle Iglesia, Suite A San Clemente, CA 92672 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. [SIGNATURE PAGE FOLLOWS] C IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JU CAPIS NO ki en . Brust, City anager CONSULTANT By: er,nls a0C ATTEST: i� < I Mari M r ity Clerk APPROVED AS TO FORM: 61411&0a Omar Sandoval, City Attorney #rLGG chnicpi, December 6, 2011 Project No. 11215-01 Mr. Omar Sandoval City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject: Request for Budget to Perform Geotechnical Analysis and Report of "Placida" Landslide, San Juan Capistrano, California Introduction In accordance with your request, LOC Geotechnical, Inc. is pleased to present this cost estimate to provide specific geotechnical analysis of the stability of "Placida" landslide, and prepare a report including our analysis and conclusions. Our analysis and report will specifically concentrate on the stability of the landslide as it impacts the residential homes and streets below the landslide. Scope of Services Our proposed geotechnical services will include: • Review available historic air photos for the site; • Assimilate in-house geotechnical subsurface data; • Prepare representative geotechnical maps and cross-sections; • Perform geotechnical slope stability analysis; • Prepare geotechnical report including our analysis and conclusions; and • Meet with you to discuss the results of our analysis. Cost Estimate We estimate that it will take approximately $14,000 to perform the above mentioned scope of services. We propose that actual charges for our services be accumulated on a time -and -materials basis in accordance with our attached 2009 Professional Fee Schedule. Work will be performed under our existing agreement with the City of San Juan Capistrano. Closure Our proposed geotechnical services will be performed to the general standard of care of geotechnical consulting in Southern California; no other warranty is expressed or implied. Should you have any questions regarding this proposal, please do not hesitate to contact our office. We appreciate this opportunity to be of service. Sincerely, LGC Geotechnical, Ina Tins Lawson, GE 2626, CEG 1821 Geotechnical Engineer/Geologist TJL/abs Attachment: 2009 Professional Fee Schedule Distribution: (2) Addressee Project No. 11215-01 Page 2 December 6, 2011 #LGG 2009 PROFESSIONAL FEE SCHEDULE Professional Billine Rate (Der hour WordProcessing..................................................................................................................................... $ 50.00 TechnicianI................................................................................................................................................. 65.00 CADOperator............................................................................................................................................. 70.00 SeniorField Technician.............................................................................................................................. 85.00 Technician/Senior Technician Prevailing Wage....................................................................................... 110.00 StaffEngineer/Geologist............................................................................................................................. 85.00 Senior Staff Engineer/Geologist/Scientist................................................................................................ 110.00 Field Supervisor/Operations Manager...................................................................................................... 105.00 Project Engineer/Geologist....................................................................................................................... 130.00 Associate Engineer/Geologist................................................................................................................... 150.00 Principal Engineer/Geologist....................................................................................................................200.00 Eneineerine Eauiament VehicleUsage...........................................................................................................................$ 10.00/perhour 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, portal to portal. • 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 20 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. C� Laboratory Charees Test Rate MoistureContent.................................................................................................................................... $ 13.00 Moisture and Density (ring samples).......................................................................................................... 22.00 Moisture and Density (shelby tube)............................................................................................................ 65.00 Maximum Dry Density (optimum moisture content)................................................................................ 160.00 MaximumDensity Checkpoint................................................................................................................... 80.00 Specific Gravity—Fine Aggregate..............................................................................................................90.00 SpecificGravity — Coarse Aggregate.......................................................................................................... 85.00 SieveAnalysis.............................................................................................................................................75.00 HydrometerAnalysis................................................................................................................................ 110.00 Sieve and Hydrometer Analysis................................................................................................................ 160.00 PercentPassing No. 200 Sieve....................................................................................................................60.00 Liquid Limit and Plastic Limit.................................................................................................................. 120.00 Liquid Limit—Non Plastic(Ipt)................................................................................................................. 85.00 SandEquivalent.......................................................................................................................................... 85.00 ExpansionIndex........................................................................................................................................ 150.00 Direct Shear (shear rate of 0.05 in./min.)..................................................................................................250.00 Direct Shear (shear rate of lower than 0.05 in./min.)................................................................................ 290.00 SinglePoint Shear....................................................................................................................................... 90.00 Consolidation (w/o time rate).................................................................................................................... 200.00 w/time rate, add (per increment)..........................................................................................................45.00 w/extra load, add (per load).................................................................................................................40.00 CollapseTest............................................................................................................................................. 100.00 R -Value (untreated)...................................................................................................................................275.00 R -Value (treated)....................................................................................................................................... 300.00 CBR(untreated) per point......................................................................................................................... 175.00 SulfateContent............................................................................................................................................ 60.00 ChlorideContent......................................................................................................................................... 60.00 PHand Resistivity .................................................................................................................................... 175.00 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 $3.00 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.