09-0427_MCKEEHAN ENVIRONMENTAL CONSULTANTS_Personal Services AgreementPERSONAL SERVICES AGREEMENT
A
THIS AGREEMENT is made, entered into, and shall become effective this day
of aI, 2009, by and between the City of San Juan Capistrano (hereinafter referred
to as the "City") and McKeehan Environmental Consultants (hereinafter referred to as the
"Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to provide archaeological monitoring for the Congdon House ADA Improvement
Project (CIP No. 452); and
WHEREAS, Consultant is qualified by virtue of experience, training, education and
expertise to accomplish such services.
NOW, THEREFORE, City and Consultant mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by Consultant shall consist of those tasks as set
forth in Exhibit "A," attached and incorporated herein by reference. 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 December 31, 2009.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed $8,859.00
including expenses, as set forth in Exhibit "B," attached and incorporated herein by
reference.
3.2 Method of Payment.
Subject to Section 3.1, Consultant shall submit monthly invoices based on
total services which have been satisfactorily completed for such monthly period. The 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 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.
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, (Z) if applicable, it has investigated the work site($), 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.
RAI
Section 9. Compliance with Law; E -Verify,
9,1. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government,
9.2. E -Verify.
If Consultant is not already enrolled in the U.S. Department of Homeland Security's
E -Verify program, Consultant shall enroll in the E -Verify program within fifteen days of the
effective date of this Agreement to verify the employment authorization of new employees
assigned to perform work hereunder. Consultant shall verify employment authorization
within three days of hiring a new employee to perform work under this Agreement.
Information pertaining to the E -Verify program can be found at http://www.uscis.gov, or
access the registration page at https://www.vis-dhs.com/employerregistration. 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. Indemnify.
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 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 an amount not less than one
million dollars per occurrence ($1,000,000.40), 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,
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
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 Reserved
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.
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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
be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Teri Delcamp, Historic Preservation Manager
To Consultant: Judy McKeehan, RPA
McKeehan Environmental Consultants
252 Calle Cuervo
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]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
By. �
Dave Adams, City Manager
CONSULTANT
By:
ATIEST,
City Clerk' /
APPROVED AS TO FORM:
,r-
ilk
City Attorney,
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McKeehan Environmental Consultants EXHIBIT A
Judy McKeehan, RPA
252 Calle Cuervo
San Clemente, CA 92672
949.5733308
jdinc.keehan sbcglobal,net
March 11., 2009
Teri Delcamp, Historic Preservation Manager
Community Development Department
City of San Juan. Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
tdelcamp@sanjuancapistrano.org
RE: Proposal for Archaeological Monitoring: Historic Congdon House ADA Improvements,
32701. Alipaz Street (CIP No. 452)
Dear Ms Delcamp:
McKeehan Environmental Consultants (MEC) is pleased to respond to your request to provide qualified
and experienced archaeological services to monitor construction work during modifications at the
Congdon House, the City of San Juan Capistrano, Orange County.
The Joel Congdon House, dating to 1877 when the town had only forty to fifty residences, is on the
City's Inventory of Historic and Cultural Landmarks and was placed on the National Register of
Historic Places in 2002. This area is very sensitive to archaeological and cultural resources. It is likely
that these resources will be encountered during subsurface activities.
All work will be conducted in conformance with the City Of San Juan Capistrano Council Policy for
Paleontological Resource Management, the Historical Archaeological Element of the City General. Plan;
and City Council Resolutions, as well as the operating CEQA sections (e.g. 15148 and 15150), Public
Resources Code Sections (5097.94.-9-.98,-99), and supplementary State regulations.
MEC has on staff three Registered Professional Archaeologists (RPAs) with recent and long-term
experience working in the City of San Juan Capistrano: Judy McKeehan, Joan Brown and Susan
Underbrk.
On-going or recent projects within the City of San Juan Capistrano include:
® Habitat for Humanity
Shea Equestrian Center project on Calle Rolando
a Blas Aguilar Adobe emergency sewer project
® SJC Basilica restrooms addition and sewer replacement
• Mission San Juan Capistrano --
a Tire sprinkler installation for the Serra restoration project
a Rectory Garden -- removal of fireplace and outdoor kitchen
a Peregrine Chapel — report on. installation of drainage facilities
o San Juan. Capistrano High. School utilities monitoring
® Ortega/1-5 Ethnography Project Project Manager
• Prima Deschecha Landfill -- Project Manager, archaeological and paleontological monitoring
McKeehan Environmental Consultants
Ms. McKeehan has worked closely with the licensee -specified representatives from the Juaneho Band of
Mission Indians for several years. Our subcontractor for the Mission -related projects is The Juaneno
Band of Mission Indians, Acjachemen Nation, Anthony Rivera, Chairman. Chairman Rivera also served
as Most Likely Descendent for the Mission projects as appointed by the Native American Heritage
Commission. The fee for these services is included with no markup.
If the Agency so wishes, MEC will have a qualified archaeologist present at the pregrade conference in
order to establish procedures for temporarily halting or redirecting work in the immediate vicinity of a
find. These procedures will permit an assessment of artifactual. material in the event any is found.
Task 1. Cultural Resources Records Search
MEC will conduct a California Historical Resources Information. System (CHRIS) records search of the
project area at the South. Central Coastal Information Center (SCIC) at Cal State Fullerton. The SCIC
houses cultural resources records for Orange County and the primary purpose of the CHRIS records
search is to identify any previously recorded cultural resources known to exist within or adjacent to the
project area. In addition to the archaeological inventory records and reports, an examination wiI1 be
made of historic maps.
The records search will also in.denti.fy the nature and extent of any cultural resources work previously
conducted within the project area. Copies of reports of the previous surveys in the area will also be
obtained, if needed.
Task 2. Cultural Resources Monitoring
The monitor will be required to follow all written and verbal safety instructions from the construction
contractor at all times. The only exception is if/when a monitor needs to temporarily either stop
construction or route construction around a sensitive area or hnds exposed by the construction activities to
avoid imminent destruction of potentially significant resources.
Any previously unrecorded archaeological sites will be recorded on state of California archaeological
site record forms (DPR 523). An evaluation by an architectural h.i.stori.an is not a part of this scope of
work.
Tasks will include:
• Observing activities with respect to permit requirements and mitigation measures;
• Assisting the Client in the completion of tasks so that proper compliance procedures are
facilitated; and
• Documenting and reporting on field observations of activities carried out, construction and
mitigation techniques, success of the techniques, and recommendations for solutions to problems
encountered.
Task 3. Cultural Resources Technical Report
A Cultural Resources Report following Office of Historic Preservation format and content guidelines
will be written which provides the results of the records search and monitoring. The report will also
present recommendations for further work., if needed, to evaluate any cultural resources that may have
been identified. One draft of this report and figures will be submitted electronically to the City for
Proposal for Archaeological Monitoring: Historic Congdon House ADA Improvements, 32701 Alipaz Street (CIP No. 452)
Mi-,eehan Environmental Consultants
review. Upon receipt of comments on the draft document, MEC will incorporate City input and produce
the Final report. MEC assumes that only one round of review will be necessary. A total of two
hardcopies and one electronic copy of the final report will be produced and submitted to the City;
electronic and hardcopies will be submitted to the County per their requirements.
The anal report, including proposed mitigation measures if potentially significant resources are found, will
be provided to the Agency and to the South Central Coastal Information Center (SCI:C) at Cal State
Fullerton. This proposal includes eight hours for evaluation. if historic and/or cultural resources are
encountered during grading and/or building activities, per the RPT. MEC will be available to provide
assessment, evaluation or recovery of any additional resources on a time -and -materials basis.
MEC finds acceptable all terms of the City's attached Personal Service Agreement.
Proposal for Archaeological Monitoring: Historic Congdon House AICA lmprovements, 32701 Alipaz Street (CiP No. 452)
McKeehan Environmental Consultants.
1WARRIVE
The Not -to -Exceed figure below is based on the RFD's estimate of 5 days of monitoring at 8 hours per
day for both an archaeologist and Native American monitor, per the RFP.
Scope of Work and Cost Estimate for Archaeological Services:
Task
flours
Rate
Total
Tisk 1: Records Search
SCIC lee
Report Copies
500,00
Task 2: Monitoring
Archaeological Monitor
Native American Monitor
40
40
75.00
102.50
$ 3,000,00
$ 4,100.00
Task 3: evaluation and Report
Evaluation
Final Report
8
8
75.00
75.00
$ 600.00
$ 600.00
Mileage
100
0.59
$ 59.00
Total. Not to Exceed
$8,859.00
McKeehan Environmental Consultants is pleased to provide consulting services of the highest quality
and efficiency. Please do not hesitate to contact me to discuss our services in more detail at:
949.573.3308 or email to jdmekeehan@sbeglobal.net.
We look forward to working with you on. this project.
Thank you very much.
Judy McKeehan, M.A., RPA
Principal
Proposal for Archaeological Monitoring: Historic Congdon House ADA Improvements, 32701 Alipaz Street (CTP No. 452)
32400 PASEO AOEIANTO
SARI JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAx
www sanjuancapastrann. arg
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Judy McKeehan, RPA .
McKeehan Environmental Consultants
252 Calle Cuervo
San Clemente, CA 92672
DATE: April 27, 2009
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
Q
LAURA FREESE
THOMAS W. HRMAR
MARK NIELSEN
DR. LONDRES USO
FROM: Christy Jakl, Administrative Specialist (949) 443-6310
RE: Personal Services Agreement— Congdon House ADA Improvement Project CI 452
Thank you for providing documentation confirming compliance with the terms of the agreement
related to insurance and E -Verify.
Please keep in mind insurance documentation must remain current with our office during the
term of this agreement. If you have questions related to insurance requirements, please call
me at (949) 443-6310.
If you have questions concerning the agreement, please contact Teri Delcamp, Historic
Preservation Manager at (949) 443-6330.
An original agreement is enclosed for your records.
Cc: Teri Delcamp, Historic Preservation Manager
San Jinn Capistrano. 'reserving the Past to Enhance the Future
Op Printed on 100% recycled paper