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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. 3 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). M 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. 61 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, 7 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 D �1:7=1Ll �'iil�il� 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