Loading...
06-0526_SWCA ENVIORNMENTAL CONSULTANTS_Action Reminder0 0 ( CITY CLERKS DEPARTMENT - ACTION REMINDER F 1 Y2ST ISI un ce J�2� 4���1 7 T cti h vt,�3 SO t c- y,n L ISN o "sr 1 TO:Mir FROM: Christy Swanson, Administrative Secretary DATE: December 4, 2007 SITUATION: On May 26, 2006, the City of San Juan Capistrano entered into a Personal Services Agreement with SWCA Environmental Consultants to provide archaeological monitoring for the Vereda Bikeway Undercrossing, CIP 124. ACTION REQUESTED: Said Agreement states services shall be completed by December 31, 2007. Please notify our office if agreement has been completed or will be extended. ACTION TO BE TAKEN: (�,,, Ltu K% "'`"' ��""ii • DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: JA I DATE SIGNED: 141 6'�l '*'FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 12/01/07 Deadline Date: 12/31/07 (600.30/SWCA) PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this,day of 2006, by and between the City of San. Juan Capistrano (hereinafter refer(eto as the "City") and SWCA Environmental Consultants (thereinafter referred to as " onsultant"). 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 cAmyfiles\agree\personalsvcs.wpd 01/25/00 pACity 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:\myfiles\agree\personalsvcs.wpd 01/25/00 p:\City Manager\cmgr shared\personalsvcs.wpd 7 0 0 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 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. 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:\myfifes\agree\personalsvcs.wpd OV25100 p:\City Manager\cmgr shared\personalsvcs.wpd '� O 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/anyone 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. cdmyf'tles\agree\personalsvcs.wpd 01/25/00 piCity Manager\cmgr shared\personalsvcs.wpd 4 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 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. c:\myfiles\agree\personalsvcs.wpd 01/25/00 p:\City Manager\cmgr shared\personalsvcs.wpd - 0 0 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. c:\myfiles\agree\personalsvcs.wpd 01/25/00 p:\City Manager\cmgr shared\personalsvcs.wpd 6 0 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. i A Margare . onah n,it Clerk APPROVED AS TO FORM: John Rhaw, City Attorney CITY OF SAN JUAN CAPISTRANO By: UWV14T Com. CONST ILTANT In c9myfiles\agree\personalsvcs.wpd 01/25/00 pdCity Manager\cmgr shared\personalsvcs.wpd 7 p' 0: 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 Madero, Suite L Mission Viejo, CA 92691 Tel 949.770.8042 Fax 949.458.9058 ..Swca.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 Tums, 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 "'l his 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(d�swca.com to discuss our services in more detail. Thank you very much. Sincerely, ? �� Patrick O. Maxon, M.A., RPA Program Director — Cultural Resources pmaxon(a�swca.com SWCA® Environmental Consultants 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 (949) 493-1053 PAX www san7uancaptstrano, org May 26, 2006 Cindy Arrington SWCA Environmental Consultants 23392 Madero, Suite L Mission Viejo, CA 92691 Dear Ms. Arrington: t�won � • MDR FOMH0 Islamsxm 1961 1776 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN A fully executed, original Personal Services Agreement related to providing archeological monitoring for the Vereda Bikeway Underground is enclosed for your records. Thank you for providing documentation confirming current compliance with the terms of insurance under your agreement with the city. Please keep in mind that should this documentation lapse, all work under this agreement must stop and all payments will be withheld until we receive proper evidence of insurance. You may proceed with work under this agreement in coordination with the project manager, Brian Ige, E, lgineering Assistant (949) 443-6350. Deputy Clerk cc: Brian Ige, Engineering Assistant San Juan Capistrano: Preserving the Past to Enhance the Future