06-0526_SWCA ENVIRONMENTAL CONSULTANTS_Personal Services Agreement0
E
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into th42( day of
2006, by and between the City of San. Juan Capistrano (hereinafter refer(eV to as the
"City") and SWCA Environmental Consultants (thereinafter referred to as "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to provide archaeological monitoring forthe Vereda Bikeway Undercrossing, CIP
124; and
WHEREAS, Consultant is qualified by virtue of experience, training and 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 the
Agreement shall terminate December 31, 2007.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services per Project shall not exceed
Fifteen Thousand Dollars ($7,965.00) as set forth in Exhibit "A," attached and incorporated
herein by reference.
3.2 Method of Payment.
Consultant shall submit monthly invoices based on total services which have
been satisfactorily completed and specifying a percentage of projected completion for
c:\myfiles\agree\personalsvcs.wpd 01/25/00
p:\City Manager\cmgr shared\personalsvcs.wpd
0 0
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.
3.3 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 Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required without
written approval of the City. This Agreement may not be assigned, voluntarily or by
operation of law, without the prior written approval of the City. If Consultant is permitted to
subcontract any part of this Agreement by City, Consultant shall be responsible to City for
the acts and omissions of its subcontractor as it is for persons directly employed. Nothing
contained in this Agreement shall create any contractual relationships between any
subcontractor and City. All persons engaged in the work will be considered employees of
Consultant. City will deal directly with and will make all payments to Consultant.
Section 6. Changes to Scope of Work.
In the event of a change in the Scope of Work provided for in the contract
documents as requested by the City, the Parties hereto shall execute an addendum to this
Agreement setting forth with particularity all terms of the new agreement, including but not
limited to any additional Consultant's fees.
Section 7. Familiarity with Work and Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) it has investigated the proposed construction site, including the
location of all utilities, and is aware of all conditions there; and (3) it understands the
c:\myftles\agree\personalsvcs.wpd 01/25/00
p:\City Manager\cmgr shared\personalsvcs.wpd 2
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 furtherwork underthis Agreement until written instructions are received from
the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
Section 10. Conflicts of Interest.
Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Consultant.
Section 11. Copies of Work Product.
At the completion of the contract period, Consultant shall have delivered to City at
least one (1) copy of any final reports and architectural drawings containing Consultant's
findings, conclusions, and recommendations with any support documentation. All reports
submitted to the City shall be in reproducible format.
All services to be rendered hereunder shall be subject to the direction and approval
of the City.
Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant in
connection with the performance of its services pursuant to this Agreement are confidential
to the extent permitted by law, and Consultant agrees that they shall not be made available
to any individual or organization without prior written consent of the City. All such reports,
information, data, and exhibits shall be the property of the City and shall be delivered to the
City upon demand without additional costs or expense to the City., The City acknowledges
such documents are instruments of Consultant's professional services.
Section 13. Indemnity.
c:\myfiles\agree\pemonalsvcs.wpd 01/25/00
p:\City Manager\cmgr shared\personalsvcs.wpd
0 0
Consultant agrees to protect, defend and hold harmless City, its elected and
appointed officials and employees from any and all claims, liabilities, expenses or damages
of any nature, including attorneys' fees, for injury or death of any person or damage to
property or interference with use of property and for errors and omissions committed by
Consultant arising out of or in connection with the work, operation or activities of
Consultant, its agents, employees and subcontractors in carrying out its obligations under
this Agreement.
Section 14. Insurance.
Insurance required herein shall be 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.
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.
c:\myf"iles\agree\personalsvcs.wpd 01/25/00
p:\City Manager\cmgr shared\pemnalsvcs.wpd d
0 0
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 using ISO form CG 20 10 11 85 (in no event with an edition date later than 1990)
to the City's General Counsel 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 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.
c:\myfiles\agree\personalsvcs.wpd 01/25/00
p:\City Manager\cmgr shared\personalsvcs.wpd - 5
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: Director of Administrative Services
To Consultant:
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.
r.\myf'iles\agree\personalsvcs.wpd 01/25/00
pACity Manager\cmgr shared\personalsvcs.wpd (�
0 0
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
APPROVED AS TO FORM:
John R haw, City A orney
CITY OF SAN JUAN CAPISTRANO
By:T
• . NINfAIIV•rN
0
m
cAinyfiles\agree\pemonalsvcs.wpd 01/25/00
p1City Manager\cmgr shared\personalsvcs.wpd '�
11 3F
SWCA
ENVIRONMENTAL CONSULTANTS
1 May 2006
Mr. Brian Ige
City of San Juan Capistrano
Sent via email: bige@sanjuancapistrano.org
Dear Mr. Ige:
0
Orange County Office
23392 Madera, Suite L
Mission Viejo, CA 92691
Tel 949.770.8042 Fax 949.458.9058
w.w+.swco.com
EXHIBIT A
Per your request, I am pleased to submit a brief description of SWCA Environmental Consultants
services, as well as our cost estimate to perform cultural resources monitoring services for the San Juan
Capistrano Undercrossing project, in the City of San Juan Capistrano, Orange County, California. We
have on staff three Orange County Certified archaeologists also recognized by RPA (Register of
Professional Archaeologists). They are: Joan Brown, Michael Tuma, and Patrick Maxon, who will direct
our field staff during the course of the project. All activities will be in compliance with City of San Juan
Capistrano Council Policy 601, regarding historic, archaeological and paleontological resource
management.
SWCA Environmental Consultants Company Profile
With offices in Orange County (Mission Viejo), Pasadena, Sacramento, San Diego, Salt Lake City,
Denver, Phoenix, Houston, and ten other locations, SWCA is a firm comprising more than 350
environmental planners, NEPA specialists, biologists, ecologists, archaeologists, anthropologists,
paleontologists, water resource managers, regulatory specialists, and GIS technicians. Our mission is to
provide environmental consulting services to assist our public and private sector clients in reaching their
project objectives while best managing natural and cultural resources.
Our company provides a full range of environmental services in the areas of natural and cultural
resources. Our expertise includes CEQA and NEPA compliance; wetland delineations and mitigation
plans; 404 permitting; mitigation planning; Endangered Species Act compliance; archaeological,
historical, paleontological and ethnographic surveys; preservation and treatment plans; habitat
conservation plans, biological assessments, socioeconomic evaluations, and visual resources plans; and
construction monitoring services.
SWCA professionals have worked on hundreds of environmental analyses and large-scale feasibility
studies for a variety of proposed developments from private land development to major interstate
pipelines and transportation projects. We have demonstrated our ability to develop and implement
regulatory compliance strategies by developing plans and regulatory approval for numerous projects for
public sector and private sector clients. Other SWCA services include environmental planning; ecological
research; applied anthropology; and public involvement.
SWCA Environmental Consultants
Scope of Work and Cost Estimate for Archaeological Monitoring
Task 1. Archaeological Pregrade Meeting and Monitoring of Grading
SWCA will perform archaeological monitoring within the project area whenever culturally sensitive
alluvial sediments are being graded. We are basing our proposal on an estimate of ten (10) days (80
hours) of grading. In addition, one day of night monitoring (proposed to take place May 21 to 22), billed
and one and one-half times the normal rate, is included in the cost estimate. If additional time is required,
a change order will be necessary. This proposal does not cover the recording, laboratory processing,
analysis and evaluation of any significant cultural resources discovered during monitoring. All such work
will require a change order. This task also includes attendance at a pregrade meeting.
Task 2. Archaeological Technical Report Production
At the conclusion of the monitoring program, SWCA will prepare a final, negative cultural resources
report documenting the results of the monitoring program and providing management recommendations.
This proposal assumes that no artifacts will be recovered. All reporting will conform to City of San Juan
Capistrano Policy Number 601 requirements for reporting and will follow the format in Archaeological
Resource Management Reports (ARMR): Recommended Contents and Format, developed by the
California Department of Parks and Recreation, Office of Historic Preservation (OHP) in 1990.
Cost Estimate
Task Estimated Cost *
Task 1. Archaeological Pregrade Meeting and Monitoring of Grading $6,390.00
Task 2. Archaeological Technical Report Production
TOTAL ESTIMATED COST
$1,575.00
$7,965.00
* This cost estimate includes all labor and direct expenses required to perform monitoring for 10 days at eight hours per day with
one spread working each day. If archaeological sites or are discovered that cannot be recovered during the normal monitoring
day, a change order will be submitted to evaluate and record the sites. If overtime work is necessary, any hours worked over eight
in one day or additional night-time work will be charged at a one and one half times rate; any hours worked over twelve in one
day will be charged at double time.
SWCA is pleased to provide the City of San Juan Capistrano with environmental consulting services of
the highest quality and efficiency. We look forward to working with you on this project. Please do not
hesitate to contact me at 949-770-8042 or pmaxon(&,swca.com to discuss our services in more detail.
Thank you very much.
Sincerely,
Patrick O. Maxon, M.A., RPA
Program Director — Cultural Resources
pmaxonAswca.com
SWCA® Environmental Consultants