09-0831_MCKENNA ET AL_Personal Services AgreementPERSONAL SERVICES AGREEMENT
THIS REEMENT is made, entered into, and shall become effective this � day
of (hy'i'n 2009, by and between the City of San Juan Capistrano (hereinafter
referred as the "City") and McKenna et al. (hereinafter referred to as the "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to provide cultural resources assessment for the Northwest Open Space Phase I
Park and The Groves Affordable Housing projects; 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 June 30, 2010.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed $17,465.50
total including expenses, as set forth in Exhibit "A" (NWOS Phase I Park not to exceed
$15,865.50 and The Groves Affordable Housing not to exceed $1,600.00), and the billing
rates 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.
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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 Subcontractina and Assianment.
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. Chances 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.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
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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.00v, or
access the registration page at https://www.vis-dhs.com/emploverregistration. 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. 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
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 ($1,000,000.00), 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).
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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,
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 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 16. 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: Jeanette A. McKenna, MA
McKenna et al. History/Archaeology/Historic Architecture/Paleontology
6008 Friends Avenue
Whittier, CA 90601-3724
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]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
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APPROVED AS TO FORM:
City Manager
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McKenna et al.
History/Archaeology/Historic Architecture/Paleontology
Jeanette A. McKenna, MA
Registered Prof. Archaeologist
Owner and Principal Investigator
August 18, 2009
City of San Juan Capistrano
Community Development Department
Attn: Bill Ramsey/Teri Delcamp
32400 Paseo Adelanto
San Juan Capistrano, California 92675
RE: Northwest Open Space Cultural Resources Assessment and 'The Groves
Affordable Housing Project."
Ms. Delcamp:
In response to your request, I have amended my proposal to include the cost of
completing a separate report for the "Groves" property south of the "Open Space"
project area. As noted in the RFP for the Open Space project, the tasks involved in
these studies include:
• Coordination with representatives of the City (3 meetings);
• Review data pertaining of he project
• Conduct an undated archaeological records search
• Consult with the local Native American representatives
• Complete a systematic field survey of the projects area;
• Record all identified resources, as applicable;
• Prepare a technical report on the findings and include all required data;
• Prepare DPR forms, as necessary
• Include an preliminary evaluation of any identified resources;
• Address impacts in accordance with CEOA criteria;
• Deliver a draft report to the City for review; and
• Prepare the final report upon receipt of comments
In accordance with the RFP, McKenna et al. is also providing the following information
on our firm, employees, and expertise.
6008 Friends Avenue, Whittier, California 90601-3724 email = imckena(&earthlink.net
(562) 696-3852 OFFICE (562) 693-4059 FAX (562) 754-7712 CELL
EXHIBIT A
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A. General Information:
To date, McKenna et al. has completed over 1350 project (over the past 20
years) and Ms. McKenna, with over 33 years of professional experience, has
been involved in over 1500 projects. The majority of these projects involved
Phase I surveys with preliminary evaluations of identified resources. With
degrees from California State University, Fullerton, and post graduate work at the
University of California, Riverside, and Arizona State University, Ms. McKenna is
trained in Southwest and Southern California archaeology and is registered with
the Register of Professional Archaeologists (RPA). Prior to the RPA, Ms.
McKenna was certified by the Society of Professional Archaeologists to complete
both historic and prehistoric archaeological project. For the past 20 years, Ms.
McKenna has served as a Principal Investigator and main report writer for
McKenna et al.
McKenna et al. maintains a professional staff available to complete cultural
resources studies, including surveyors, researchers, analysts, and writers. If
needed, McKenna et al. can also call on a pool of professionals on an as -needed
basis.
B. Contact Names:
Jeanette A. McKenna
Owner/Principal Investigator
McKenna et al.
6008 Friends Avenue
Whittier, California 90601
(562)696-3852
(562) 693-4059 FAX
(562) 754-7712 Cell
0mckenana.earthlink.net
C. Overview:
McKenna et al. is a Small Business registered with the State of California and a
WBE/DBE firm certified through the California Unified Certification Program.
Established in 1989, McKenna et al. has a relatively long and successful resume
of completing work throughout Southern California, including a recent study in
San Juan Capistrano as a sub -consultant to another contractor. In 2008, Ms.
McKenna, Owner and Principal Investigator, served on a 9 -member panel for the
main purpose of establishing guidelines for the completion of cultural resources
studies in Southern California.
In general, McKenna et al. is a firm that specialized in cultural resources invest-
tigations (Phases I, II, and III), mitigation monitoring, architectural history, and
6008 Friends Avenue, Whittier, California 90601-3724 email = imckena(n earthlink.net
(562) 696-3852 OFFICE (562) 693-4059 FAX (562) 7547712 CELL
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history. McKenna at al. also works with a number of paleontological specialists
in the completion of paleontological overviews, if needed. McKenna et al. has
the in-house expertise to complete any history, archaeology, or historic
architectural project. McKenna et al. has a excellent reputation for managing and
completing projects within schedules and budgets. With very few exceptions,
McKenna et al. has been able to complete project within or below budget and
attempts, on a regular basis, to keep costs to a minimum. McKenna et al. avoids
duplication of efforts and maintains the in-house controls to support task
assignments and completion. Jeanette A. McKenna, Principal Investigator for
McKenna, is responsible for all coordination on projects and oversees the
delegations of tasks and schedules.
D. Schedule:
McKenna et al. anticipates this project will require a minimum of eight weeks of
effort and, depending on the scheduling of the various meetings, may spread this
effort over additional weeks. With the assumption that the two meetings with City
staff and the one public meeting are completed within the six week time frame,
McKenna et al. proposes the following schedule:
Week 1: Review City documents and completion an updated archaeological
records search;
Week 2: With background data in -hand, arrange to meet with local Native
American representatives to obtain additional feedback and data on
the project area;
Weeks 3: Complete the field survey and recordation of any identified
resources, including verification of accuracy of previously identified
resources. McKenna et al. proposes the use of 4 person days to
complete the field studies (2 persons for 2 days);
Week 4: Compile and review all data sets and identify areas requiring
supple -mental attention. Some historic research will also be
completed through the Orange County Archives, which is now
available for a level of research not available when the RMW
studies were completed in 1992 (please note that Jeanette A.
McKenna was a co-author of that study and has some research
data already in-house).
Weeks 5-6 Prepare draft report and deliver to the City for review.
Weeks 7-8 Prepare final report upon receipt of comments.
6008 Friends Avenue, Whittier, California 90601-3724 email = imckena(&-earthlink.net
(562) 696-3852 OFFICE (562) 693-4059 FAX (562) 754-7712 CELL
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E. Budget:
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Based on the Scope of Work presented above and in applying the current
McKenna et al. rates, the following budget is presented:
1. Review of Documents (2 days) ..................................................... $ 1080.00
2. Archaeological Records Search (fee based) ................................ $ 350.00
3. Native American Consultation (2 days) ........................................ $ 1260.00
4. Field Survey (4 person days)......................................................... $ 2340.00
5. Data review and analysis (5 days) ................................................. $ 3150.00
6. Preparation of Draft Report (5 days) ............................................. $ 3150.00
7. Preparation of Final Report (3 days) .............................................. $ 1890.00
8. Attendance at 3 Meetings — including preparation (3 days) .......... $1890.00
Subtotal = $15110.00
Misc. Expenses (5%; mileage, copies, insurance, etc.) = 755.50
Project Total = $15865.50
McKenna et al. presents this budget as a Not -to -Exceed cost and will attempt to
keep all costs to a minimum. It is anticipated that McKenna et al. may be able to
save between 10% and 15% of the costs, if research and field studies do not require
the amount of time budgeted. Therefore, the cost to complete the "Open Space"
studies may be as low at $13500.00, but will not exceed $15865.50.
With respect to the "Groves" project site, McKenna et al. will apply all data gathered
for the Open Space project and prepare a stand-alone report for an additional
$1600.00. With this in mind, the completion of both studies would be $17462.50. If,
however, as noted above, we can save the City any costs, the budget may be a little
at $15100.00.
F. Additional Costs:
Additional meetings would be scheduled at a fee of $78.75 per hour with a three
hour minimum (all inclusive). No other costs are anticipated that will not be
covered by the miscellaneous funds noted above.
G. Rates
Personnel rates have been calculated as follows:
Principal Investigator (Jeanette A. McKenna) = $78.75 per hour
Field Director (Kristina Lindgren) = $67.50 per hour
Researcher/Admin. Assistant (Stephanie Arellano) = $41.63 per hour
6008 Friends Avenue, Whittier, California 90601-3724 email = imckena(aaearthlink.net
(562) 696-3852 OFFICE (562) 693-4059 FAX (562) 754-7712 CELL
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H. Proof of Insurance
McKenna et al. carries all required insurance (attached under separate cover)
and can have certificates of insurance (Professional Liability, General Liability,
Workman's Comp., and vehicle insurance) issued upon award of the contract.
I. Sub -contactors
McKenna et al. will not be using any sub -contractors on this project.
++++++++++
With respect to this project, McKenna et al. is identifying two key persons who will be
directly involved in this project: Jeanette A. McKenna, Principal Investigator; and Kristina
Lindgren, Research Assistant and Archaeologist.. Resumes for the key personnel are
attached under separate cover. .
If you have any questions or require any clarifications, please feel free to call at your
convenience.
Sincerely,
�6~&A Mci<wtaa
Jeanette A. McKenna, Principal
McKenna et al.
Authorization to Proceed
Date
6008 Friends Avenue, Whittier, California 90601-3724 email = imckenaftearthlink.net
(562) 696-3852 OFFICE (562) 693-4059 FAX (562) 754-7712 CELL
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McKenna et al.
History/Archaeology/Architecture/Paleontology
Jeanette A. McKenna, M.A.
Owner and Principal Investigator
Reg. Professional Archaeologist
2009 thru 2011 BILLING RATES*
Title
2009
2010
2011
Principal Investigator Q. McKenna)
$78.75 hr.
$80.00
$82.25
Project Manager/Field Director
$67.50 hr.
$70.00
$72.50
Architectural Historian
$67.50 hr.
$70.00
$72.50
Field Crew (Archaeological) -
$50.65 hr.
$52.50
$54.00
Laboratory Assistants (Archaeological)
$45.00 hr.
$47.50
$50.00
Misc. Office Support
$41.63 hr.
$43.00
$45.00
Archaeological Records Check (average)
$400.00
$450.00
$500.00
Photography (average per roll/color)
$28.00
$30.00
$35.00
Mileage (adjusted per project)
.44 mile
.44 mile
.48 mile
Report Production/Reproduction
$45.00 ea.
$50.00
$55.00
• = These rates may be adjusted on a project -by -project basis, as needed.
All cost proposals must be approved by Jeanette A. McKenna, Owner/Principal.
EXHIBIT B
Today's Date:_ 8/25/2009 • Transmittal Routing
(Check All That Apply)
® City Attorney
® City Manager
® City Clerk
CONTRACT TRANSMITTAL
CIP No. (if any): 09209
Project Manager's Last Name: Delcamp Phone Extension: 6330
Council or CRA Meeting Date (if applicable):
APPROVING AUTHORITY: (Check One)
Mayor
UCRA Chair
City Manager
Provide (1) executed original contract for each signing party, including the City. If the agreement is to be
recorded — only (1) original will be recorded with certified copies going to other parties.
Please provide the mailing address of any party to receive an agreement — unless the mailing address is
included within the body of the agreement:
Names Street City St Zi
OTHER INSTRUCTIONS:
Please sign and forward to the next applicable department. Thank you.
Form Date: 01-2004 D-7
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32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 F"
www.san.ivancapistrano.org
TRANSMITTAL
TO:
Jeanette A. McKenna, MA
McKenna at al
6008 Friends Avenue
Whittier, CA 90601-3724
DATE: August 31, 2009
JMor, �
IAUBIIAAIFI
• BAnusAAA � 1961
1776
MEMBERS OF THE CITY COUNCIL
FROM: Christy Jakl, Administrative Specialist, City Clerk's Office (949) 443-6310
SAM ALLEVATO
LAURA FREESE
THOMAS W. HRIBAR
MARK NIELSEN
DR. LONDRES USO
RE: Personal Services Agreement — Open Space Phase I Park and The Groves Affordable
Housing Projects
Thank you for providing documentation confirming compliance with the terms of the agreement
related to insurance.
Keep in mind this documentation must remain current with our office during the term of this
agreement. If you have questions related to insurance, 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 Juan Capistrano: Preserving the Past to Enhance the Future
Primed nn 100%recyGed paper