10-0427_MCKEEHAN ENVIRONMENTAL CONSULTANTS_Personal Services Agreement0 0
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this 27th day
of April, 2010, 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 conduct archeological resource monitoring for the undergrounding of overhead
utilities associated with the Del Obispo Widening from Alipaz Street to Paseo Adelanto;
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 August 1, 2010.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed Three
Thousand Six Hundred and Sixteen Dollars and Twenty Five Cents ($3616.25) total
contract amount, including expenses, as set forth in Exhibit "A," 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; (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
2
0 0
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.
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.
3
0 0
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.
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 anyway 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.
S ction 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 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
13
0 0
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).
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
Omissions Coverage (professional liability coverage) in an amou s an One
Million Dollars ($1,000,000). Priorto be inni r is Agreement, Consultant
shall submi a certi icate to the City's General Counsel for certification that
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.
5
0 0
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.
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: Nisha A. Patel, PE
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.
N*
0 0
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
By:
Joe Tait City Manager
COI
APPROVED AS TO FORM:
McKeehan Envirooental
Consultants
April 23, 2010
Nisha Patel
Project Manager
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
E
Judy McKeehan, RPA
252 Calle Cuervo
San Clemente, CA 92672
949.573.3308
jdmckeehan@sbcglobal.net
RE: SCOPE AND COST ESTIMATE FOR CULTURAL RESOURCES MONITORING FOR DELOBISPO 2A
20A CONVERSION PROD. 439855
Dear Ms.Patel:
In accordance with your request, McKeehan Environmental Consultants is pleased to respond
to your request to provide a Qualified Archaeologist excavation per the requirements your
project, for which the City of San Juan Capistrano, Orange County, California is acting as Lead
Agency.
Qualifications and Regulatory Background
Qualified archaeologists for the project will be Judy McKeehan, RPA, Joan Brown, RPA and
David Alexander. Work will be In accordance with CEQA Sections 15148 and 15150, numerous
mitigations measures and policies established by the City of San Juan Capistrano General Plan,
City Domestic Water Master Plan, and a checklist based on the City of San Juan Capistrano's
specific significance thresholds.
Scope of Work
Task 1: Pregrade Conference
A qualified archaeologist will be present at the pregrade conference in order to establish
procedures for temporarily halting or redirecting work in the immediate vicinity of the find. These
procedures will permit an assessment of artifactual material in the event any is found.
Task 2: Archaeological Monitoring
Comprehensive archaeological monitoring will
resources for excavation. These tasks include
City by an RPA/qualified archaeologist.
be performed for potential impacts on cultural
project management and coordination with the
Task 3: Cultural Resources Technical Report Production
At the conclusion of the project McKeehan Environmental Consultants will prepare a final
negative findings letter report documenting the results of the cultural resources monitoring
program.
Proposal for Cultural Resources Monitoring for DelObispo 2A 20A Conversion Proj. 439855 EXHIBIT A
McKeehan Envirooental Consultants •
Rate and Cost Schedule
The costs provided assume a construction schedule of 5 days that will require monitoring.
Tack: Hnwtrly ( Subto#sl
Rahe E
Task 1. Pre -grade Conference — archaeologist 1 1 $ 75.00
Task 2. Archaeological Monitoring — 5 8/hour days 1 $ 75 1 $ 3000.00
Task 3 Cultural Resources Negative Report 1 1 $ 500.00
Mileage: 15 miles/day @ 0.550 1 1 $ 41.25
Assumptions: No cultural resources will be identified during monitoring. If archaeological material is identified, a
proposal will be submitted to evaluate the find. No overtime will be required. All overtime (and night time
work) will be charged at 1.5 times the normal rate per California law. Additional meetings will be
charged at the monitoring rate.
If historic and/or archaeological resources are encountered during ground disturbing activities,
assessment, evaluation and recovery of these resources will be provided on a Time and
Materials basis after the City's approval of bid.
McKeehan Environmental Consultants is pleased to provide environmental consulting services
of the highest quality and efficiency. We look forward to working with you on this project. Please
contact me at if you have any questions. Thank you very much.
Sincerely,
Judy McKeehan, M.A., RPA
Principal
Proposal for Cultural Resources Monitoring for DelObispo 2A 20A Conversion Proj. 439855
IJ
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 4931171
(949) 493-1053 FAx
www.sanjuancapistrano.org
TRANSMITTAL
TO
� IA(IIIOIAIO
• Inuusm 1961
1776
McKeehan Environmental Consultants
Attn: Judy McKeehan, RPA
252 Calle Cuervo
San Clemente, CA 92672
DATE: April 30, 2010
FROM: Christy Jakl, Deputy City Clerk (949) 443-6310
MEMBERS OF THE CIT' COUNCIL
SAM ALLEVATO
LAURA FREESE
THOMAS W. HRIBAR
MARK NIELSEN
DR. LONDRES USO
RE: Personal Services Agreement — Archeological Resource Monitoring, Del Obispo
Widening from Alipaz Street to Paseo Adelanto
Thank you for providing documentation confirming compliance with the terms of the agreement
related to insurance.
Please keep in mind this 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 Nisha Patel, Associate
Engineer at (949) 443-6350.
Cc: Nisha Patel, Associate Engineer
San Juan Capistrano: Preserving the Past to Enhance the Future
C, Printed on 100% recycled! paper