14-1202_MCKEEHAN ENVIRONMENTAL CONSULTANTS_Personal Services AgreementPERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this c day
of X014, by and between the City of San Juan Capistrano (hereinafter referred to as
the ""Cit " and McKeehan Environmental Consultants hereinafter referred to a h
Y� ( st e
"Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to prepare plans and specifications for the Northwest Open Space Park — Phase
1 Sanitary Sewer Improvements Project; 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 6 months after the notice to
proceed.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services shall not exceed $8,935, 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 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 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.
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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. Indemnit.
To the fullest extent permitted by law, Consultant agrees to protect, 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
reasonable attorneys' fees, for injury or death of any person, or damages of any nature,
including interference with use of property, arising out of, pertain to or relate to 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
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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 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
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
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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: Keith Van Der Maaten
Public Works & Utilities Director
To Consultant: McKeehan Environmental Consultants, Inc.
252 Calle Cuervo
San Clemente, CA 92672
Attn: Judy McKeehan
Section 17. Prevailing Wades.
The City has been advised that the Prevailing Wages Law applies to the work.
CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with
the prevailing wage rates to all the laborers involved, and with California Labor Code
Section 1770 et seq., including the keeping of all records required by the provisions of
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Labor Code Section 1775 and the implementing administrative regulations. The CITY shall
be a third party beneficiary of the forgoing covenant with rights to enforce the same as
against the CONTRACTOR.
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. Entre Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between thern pertaining to the subject
matter thereof.
Section 20. Counterparts.
This agreement may be executed by the Parties in counterparts, which counterparts
shall be construed together and have the same effect as if all the Parties had executed the
same instrument. Counterpart signatures maybe transmitted by facsimile, email, or other
electronic means and has the same force and effect as if they were original signatures.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
Hans Van Ligten, City Attorney
CITY OF SAN JUAN CAPISTRANO
By:.
L ` -
Derek Reeve, Mavor
MCKEEHAN ENVIRONMENTAL CONSULTANTS
By:
Judy M'eran l�rs• cipal
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
ATTEST:
Maria Morris, City Clerk
APPROVED AS TO FORM:
Hans Van Ligten, City Attorney
CITY OF SAN JUAN CAPISTRANO
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Mayor:
MCKEEHAN ENVIRONMENTAL CONSULTANTS
in
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Judy McKeehan, Principal
McKeehan Environmental Consultants
Judy McKeehan, RPA
Archaeology 252 wile Cuervo
Paleontology
San Clemente, CA 92672
949.573.3308
Environmental Compliance jdmckeehan@sbcgl®balenet
November 3, 2014
Sent by E-mail:
Michael Marquis
Associate Civil Engineer
32400 Paseo Adelanto
City of San Juan Capistrano
San Juan Capistrano, CA 92672
mmarquis@sanjuancapistrano.org
RP: Archaeological and Native American MonitoringNorthwest Open Space Park Phase
1, unitary Sewer Improvements Project
Dear Mr. Marquis:
McKeehan Environmental Consultants (MEC) is pleased to respond to your request to provide
qualified and experienced archaeological, paleontological, and Native American monitoring
services for Northwest Open Spance Park Phase 1 Sanitary Sewer Improvements Project, 29943
Camino Capistrano (APN 121050-03) in the City of San Juan Capistrano, Orange County. MEC is
familiar with the previous archaeological, paleontological, and Native American studies pertinent
to the specific area.
All work will be conducted in conformance with the project's MMRP SC/MM 4.5.1 a -d, the City of
San Juan Capistrano Historical Archaeological Element of the City General Plan, Section 9-2.201 of
the Municipal Code, 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. Evaluation and
determination of appropriate treatment shall follow the steps outlined in City Policy 601.
Archaeological monitoring will be supervised by qualified archeologist, Judy McKeehan, who has
25 years of experience in the City of San Juan Capistrano. She is the authorized archaeologist for
Mission San Juan Capistrano, the San Juan Capistrano Historical Society, and the San Juan
Capistrano Open Space Foundation.
Mr. Mire Gastellum of the Juaneno Band of Mission Indians, who has over 10 years of experience
coordinating Native American issues with with local archaeologists will act as the Native
American monitor.
Scope of Work:
Task 1. Preconstruction MeetiRy
Exhibit A
MCKEEHAN ENV1120NMENTAL CONSULTANTS PROPOSAL
McKeehan Environmental Consultants
The archaeologist will be in attendance at the preconstruction meeting to explain the cultural
resources sensitivity of the project site and the methods and procedures that will be utilized to
protect them during construction.
Task 2. Cultural Resources Monitoring
The archaeological, paleontological, and Native American monitors 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 to avoid imminent destruction of potentially significant
resources, if necessary.
Tasks will include:
® Observing activities with respect to permit requirements and mitigation measures;
• 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 Reports
A Negative Cultural Resources Report will be written following Office of Historic Preservation
format and content guidelines, which provides the results of 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 for
review, Upon receipt of comments on the draft document, MEC will incorporate input and
produce the final report. MEC assumes that only one round of review will be necessary. One
hardcopy and one electronic copy of the final report will be produced.
A negative final archaeological report will be provided to the City and to the South Central Coastal
Information Center (SC1C) at Cal State Fullerton as required by law the negative paleontological
report will be provided to the Cooper Center, the Orange County Paleontological Facility at CSU
Fullterton, and to the Los Angeles County Natural History Museum. MEC will be available to provide
assessment, evaluation or recovery of any additional resources on a time -and -materials basis at
additional cost if potentially significant resources are found. Evaluation and determination of
appropriate treatment shall follow the steps outlined in City Policy 601.
Archaeology and paleontology monitoring will not be duplicated. Only one
archaeological/paleontological monitor will be present at any time. The supervising archaeologist
and paleontologist will assure that the appropriate monitor is present; in addidtion, cross -trained
monitors will be assigned.
The project cost below is based on estimated hours necessary to complete the construction phase
of the project. If the schedule exceeds present estimates, additional hours will be charged at the
stated rates on a time -and -materials basis. Time is charged only while on site. No travel. time or
expenses will be charged.
MCKCEHAN ENVIRONMENTAL CONSULTANTS PROPOSAL
McKeehan if ConsuRants
Cost Estimate:
Task
Rate
Hours
Amount
Task 1. f reconstruCtiiln7 -Meeting
-- ._
Archaeological Monitor
65.00
1
$ 65.00
Task 2: Mon tonin
Archaeological Monitor
65.00
64
$ 4160.00
Native American Monitor
65.00
16
$ 4160.00
Task Z: Neg, lt:ive Report.
Archaeological Report (Negative)
$ 550.00
Mileage
Included
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$ 8935.00
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.
Judy McKeehan, M.A., RPA
Principal
MCKREHAN ENVIRONMENTAL CONSULTANTS PROPOSAL 3