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13-0124_MCKEEHAN ENVIRONMENTAL CONSULTANTS_Personal Services AgreementPERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this 241h day of January, 2013, 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 to provide Archaeological and Native American Monitoring Services for earth disturbing activities (trenching/grading/augering) at the Dr. Joe Cortese Dog Park in the City's Northwest Open Space lands generally consisting of that land area bounded by open space to the nworth, Camino Capistrano to the east, and Trabuco Creek to the west, and more specifically including parcels more precisely referenced as Assessor Parcel Number (APN)121-050- 19.; 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 the 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, 2013. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $4,750. 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 consistent with Exhibit "B", Sample Invoice. 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 the City. Invoices shall be addressed as provided for in Section 16 below. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of the City, and shall obtain no rights to any benefits which accrue to Agency'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 the 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 the 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 T. 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. E 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 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. 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. 3 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 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). 14.3 Workers' 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 4 volunteers as additional insured 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 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. 14.6 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.7 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: David Contreras, Senior Planner 5 To Consultant: McKeehan Environmental Consultants Attn: Judy McKeehan 252 Calle Cuervo San Clemente, CA 92672 (949) 573-3308 Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce orinterpret 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] C IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: /fit, 2L" Gr nt Taylor, 06WIopment Services Director CONSULTANT By: Judy c e n, Mc eh vironmental onsultants ATTEST, J � (1) 0 Mis orris, 'f Jerk APPRO,V D AS TO FORM: Hans V//an igten, City Attorney EXHIBIT A McKeehan Environmental Consultants - •Archaeology Judy McKeehan, RPA 252 Calle Cuervo San Clemente, CA 92672 • Paleontology 949.573.3308 Idmckeehan@sbcglobal.net - - •Environmental Compliance January 17, 2013 David Contreras Senior Planner City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 P:(949)443-6320 F: (949) 661-5451 dcontreras0sanivancap.istrano org RE: Proposal for Archaeological Monitoring: Open Space Foundation - Joe Cortese Dog Park Dear Mr. Contreras: McKeehan Environmental Consultants (MEC) is pleased to respond to your request to provide qualified and experienced archaeological services to monitor construction work during modifications for the Joe Cortese Dog Park in the City of San Juan Capistrano, Orange County. As the property lies near the banks of San Juan Creek and the Juaneno habitation site of Putiidhem, it is very sensitive to archaeological and cultural resources. It is possible that these resources will be encountered during subsurface activities. MEC is familiar with the history and previous archaeological studies pertinent to the specific area. All work will be conducted in conformance with the City Of San Juan Capistrano Historical Archaeological Element of the City General Plan, and City Council Resolutions, Council Policy for Paleontological Resource Management 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. A brief Statement of Qualifications related to the firm's experience in San Juan Capistrano, and a more extensive resume for Judy McKeehan are provided as attachments to this proposal. McKeehan Environmental Consultants Proposal McKeehan Environmental Consultants Scope of Work: Task 1. Cultural Resources Monitoring The monitor will be required to follow all written and verbal safety instructions from the construction contractor at all times. The monitor will work closely with the City and its contractor if necessary 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). Tasks will include: • Observing activities with respect to permit requirements and mitigation measures; • Assisting the City 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 2. Cultural Resources Technical Report. A Cultural Resources Report will be written following Office of Historic Preservation format and content guidelines, 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 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 final 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 (SCIC) at Cal State Fullerton. MEC will be available to provide assessment, evaluation or recovery of any additional resources on a time -and -materials basis. The Not -to -Exceed figure below is based on the City's estimate of 40 hours of monitoring for both an archaeologist and Native American monitor. McKeehan Environmental Consultants Proposal 2 McKeehan Environmental Consultants Cost Estimate: Task Hours Rate Total Task 1: Monitoring Archaeological Monitor Native American Monitor 40 40 65.00 50.00 $ 2,600.00 $ 2,000.00 Task 3: Evaluation and Report Evaluation and Final Report 2 75.00 $ 150.00 Mileage NA Total Not to Exceed $4,750.00 McKeehan Environmental Consultants is proud to provide consulting services of the highest quality and efficiency. Please do not hesitate to contact me to discuss our services in more detail. We look forward to working with you on this project. Thank you very much. /t � Judy McKeehan, M.A., RPA Principal McKeehan Environmental Consultants McKeehan Environmental Consultants Proposal 3 32400 PASEO AOELANTO SAN JUAN CAPISTRANO. CA 92675 (949)4931171 (949) 493-1053 FAx 1PItit:s[1IytiancQtllstr(itio. om TRANSMITTAL TO: McKeehan Environmental Consultants Attn: Judy McKeehan 252 Calle Cuervo San Clemente, CA 92672 DATE: January 28, 2013 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 MEMBERS OF THE Cm COUNCIL BAM ALLEVATO ROY L BYRNES. M.D. LARRY KRAMER DEREK REEVE JOHN TAYLOR RE: Personal Services Agreement — Native American Monitoring Services at the Dr. Joe Cortese Dog Park (APN 121-050-19) 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 the agreement. If you have questions related to insurance requirements, please call Christy Jakl, Deputy City Clerk at (949) 443-6310. If you have questions concerning the agreement, please contact David Contreras, Senior { Planner at (949) 443-6320. Enclosed is an original agreement for your records. Cc: David Contreras, Senior Planner Sun Juan Calfistrano: Preserl,ing the Pact 10 Enhance the Future 10 Printed on 100% rocyckrf PRWer Christy Jakl From: Christy Jakl Sent: Monday, January 28, 2013 12:13 PM To: David Contreras Cc: Ayako Rauterkus Subject: McKeehan PSA - Dog Park Attachments: 13-0124 McKeehan PSA - Dog Park.pdf Hello, For your records, attached is the executed PSA with McKeehan. Thanks! Christi Jnkl, Civic Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949)443-6310 1 (949)493-1053 fax Please share your experience with the City by taking our Survey CITY OF SAN JUAN CAPISTRANO BID RECAP REPORT Date: January 21, 2013 From: Development Services Department Service or Product Requested: Dr. Joe Cortese Dog Park - Archaeological & Native American Monitoring (X) Informal Quotes ( ) Informal Bid ( ) Formal Bid ( ) Sole Source Bids/proposals were solicited from available, qualified firms for the above referenced project. The following firm(s) were/was considered: 1. Archaeological Resource Management, Corp 2. Bon Terra Consulting 3. LSA Associates, Inc. 4. McKeehan Environmental Consultants 5. TRC Companies, Inc. After evaluating the bids/proposals submitted, it is our recommendation that the contract be awarded to McKeehan Environmental Consultants in an amount, .not to exceed $4,750. This vendor was selected because: The consultant is qualified and experienced to perform the services requested and the quote provided is acceptable based on the amount budgeted for this service. If bids were not received, document what steps were taken to obtain quotes, any vendors contacted that declined to bid, and if applicable why it is not practical to receive three quotes. The Development Services Department attempted to secure at least three quotes from the above referenced consultants. On January 16, 2013, staff began placing phone. calls to consultants. Written quotes were received from consultants #3 and #4. Consultant #1 declined to provide a quote and consultant #2 did not respond to two phone calls placed by David Contreras and Khoon Tan. Consultant #5 did not submit a quote after a placing a phone call and an email. Staff has made a strong effort to obtain the required quotes as outlined in the City's Purchasing Policies and Procedures. If Sole Source purchase or contract, provide detailed justification for this selection: If applicable, date approved by City Council: CITY OF SAN JUAN CAPISTRANO CONTRACT TRANrSMITTAL FORM Dater January 22, 2013 City Council, SJC11A or SACRA Meeting Date (if applicable): Brief description of -services to be provided: Dr. Joe Cortese Dog Park -AY(Y' vE oO,igand Nalive American f.lonilormq. I o„�wo;an,nl somas ocp,nm�m David Contreras, Senior Planner Submitting Department: Staff Contact: Pleasesign each ori -incl oftheattacbed Agreement/Contract, where indicated and circulate in thebelow.route order (Please note the procurement limitations below). When the contract is fully executed, the City Clerk will provide a signed copy to the subrniuing department raid to the Financial Services Department, and will mail a signed original to the contractor/eonst ltnut. - Route To: * Department Head Proculemari I 510,000 or less — (/ap,a.rmmu I/cadtvlatlavq.) 11 S 10,001 -S45.000—(01, 1!aaager, dwhm;ry) =S45,001 or over— (CIT Coanuil Appmral Regnirvd•) ' Was or Cuuncil Approwl: or ltesnlaion. uo.: Public Contracts 545,000 or less — (Cloamewr sd,Mmny Rs.,,md) Public Contracts over S45,000 — (Cie Comnvd},oahorip Regai ed•) • DOIcofCotauil Approval'. er liaenlmina Nu.:_ Cty Aom , In111aIs'/Ruc I �tif� Insurance Requirements: Commercial/General Liability CFO/Treasurer n Auto Liability r (� Protbssional/Errors and Omissions 0 Worker's Compensation /'� 141ndim; Available Additional Insured Endorsement No fund ing Avai lable Public Works Contracts —Labor/Material C Performancc0onds Budecl Revolution Renamed t © City Clerk (Vol Final Routing) 0 Approval Process Completed — Copy ofConuacl Transmittal Fo1'm with documents forwarded to PS Deparlment f. Contractor/Consultant Name: McKeehan Environmental eon;ua.uts 2. Business Licenser,*ill`s ONo License Number. Ltry+�9Y1!t•�, Date of Expiration 'l title 'dy— G4�i�VAv �t CPe4wP 3. Contract Amount: $4.750 'i. Budget Account Number: 5062199-62250-10209-000 5. City Services and Facilities to be provided (If Applicable): 6. Is this a standard City contract? ❑o Yes ❑ No U no, explain: 7. Are two original contracts submitted? IN Yes ❑ No If no, explain: S. Contract Datc: January 22,2013 Expiration Date: Decomber 31, 2013 9. Insurance Ccrtificalc attached: ❑ Yes ❑! No If no, explain: it should be on file with the City Clerk's office 11. Purchase Requisition attached: ❑® Yes ❑ No If no, explain: 10. Bid Recap Attached: ❑® Yes ❑ No If no, explain: p Il. W-9 Form Attached: E] Yes 1[0 No Uno, explain: A4t�r)�-' 12. New Vendor Application Form Attached: ❑ Yes ❑® No Una, explain: _ not a new vendor 13. Does this document need to he recorded? ❑ Yes ❑E No The Financial Services Department will issue a Purchase Order (PO) to the submitting deparhnenl, once all of the information on this Contract Transmittal Form has been received by finance through the City Clerk's Office. i i