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HomeMy WebLinkAboutContracts & Agreements_127-2018PS 1 1 (5124118) AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for the provision of archeological monitor and reporting services for the Highline and Crafton Avenue water pipeline replacement project ("Agreement") is made and entered in this 27th day of June, 2018 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and ECORP Consulting, Inc ("Consultant") City and Consultant are sometimes individually referred to herein as a "Party" and, together, as the "Parties " In consideration of the mutual promises contained herein, City and Consultant agree as follows ARTICLE 1 -- ENGAGEMENT OF CONSULTANT I I City hereby engages Consultant to provide archeological momtot and reporting services foi the Highline and Crafton Avenue water pipeline replacement project services for City (the "Services") 12 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional consultants in the industry providing like and similar types of Services ARTICLE 2 — SERVICES OF CONSULTANT 21 The Services that Consultant shall perform are more particularly described in Exhibit "A," entitled "Scope of Services," which is attached hereto and incorporated herein by reference 22 Consultant shall comply with applicable federal, state and local laws and regulations in the performance of this Agreement including, but not limited to, State prevailing wage laws ARTICLE 3 — RESPONSIBILITIES OF CITY 3 1 City shall make available to Consultant information in its possession that may assist Consultant in performing the Services 32 City designates Paul Tooi, Municipal Utilities and Engineering Director, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services ARTICLE 4 — PERFORMANCE OF SERVICES 41 Consultant shall perform and complete the Services in a prompt and diligent manner The term of this Agreement shall commence on its Effective Date and terminate on December 31, 2018, unless terminated earlier as provided herein 1 11ca1djinVXgreements%ECORP Protessional Services Agreement.PS 1 1 doc PS 1 1 (5129)18) 42 If Consultant's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to the City, consistent with City Council adopted policy for the same It shall be the obligation of Consultant to obtain a copy of such policy from City Staff ARTICLE 5 --- PAYMENTS TO CONSULTANT 5 1 Total compensation foi Consultant's performance of the Services shall not exceed the amount of twenty two thousand thirty five dollars (S22,035 00) City shall pay Consultant on a time and materials basis, up to the not to exceed amount in accordance with Exhibit "B," entitled "Fee Schedule," which is attached hereto and incorporated herein by reference 52 Consultant shall submit monthly invoices to City describing the Services performed during the preceding month Contractor's invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom City shall pay Contractor no late> than thirty (30) days after receipt and approval by City of Contractor's invoice 5 3 Any notice of other communication required, o>_ which may be given, pursuant to this Agreement, shall be in writing Any such notice shall be deemed delivered (i) on the date of delivery in person, (u) five (5) days after deposit in first class registered mail, with return receipt requested, (iii) on the actual delivery date if deposited with an overnight courier, of (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, in each case properly posted and fully prepaid to the appropriate address set forth below, of such other address as a Party may provide notice in accordance with this section City City Clerk City of Redlands 35 Capon Street P O Box 3005 (mailing) Redlands, CA 92373 Consultant Donald R Mitchell, Vice President ECORP Consulting, Inc 215 North Fifth Street, Redlands, CA 92374 ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6 1 The following insurance coverage required by this Agreement shall be maintained by Consultant fol, the duration of its performance of the Services Consultant shall not perform any Services unless and until the required insurance listed below is obtained by Consultant Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior wntten notice to City A Workers' Compensation and Employer's Liability insurance in the amount that meets 2 11ca1djmlAe eements\CCORP Professional Services Agreement.PS E 1 doc PS 1 1 (51291t8) statutory requirements with an insurance carrier acceptable to City, of certification to City that Consultant is self-insured or exempt from the workers' compensation laws of the State of California Consultant shall execute and provide City with Exhibit "C" entitled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference prior to performance of the Services B Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City C Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage Inability This coverage shall include all Consultant owned vehicles used in connection with Consultant's provision of the Services, hired and non -owned vehicles, and employee non -ownership vehicles City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance of self-insurance maintained by City 62 Consultant shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses of liability, including attorneys' fees, arising from injury of death to persons or damage to property occasioned by any negligent act of omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services ARTICLE 7 — CONFLICTS OF INTEREST 7 1 Consultant covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Consultant's Services Consultant further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement 72 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant A Does not make a governmental decision whether to (i) approve a rate, rule or regulation, or adopt or enforce a City law, (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization of entitlement, (iii) authorize City to enter into, modify or renew a contract, (iv) giant City approval to a contract that requires City approval and to which 3 1 IcaldjtnlAd eements\ECORP Professional Services Agreement.PS 1 1 doc Ps I t (5/29118) City is a party, or to the specifications for such a contract, (v) grant City approval to a plan, design, report, study or similai item, (vi) adopt, or grant City approval of, policies, standards or guidelines for City or foi any subdivision thereof B Does not seine in a staff capacity with City and in that capacity, participate in making a governmental decision of otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code undei Government Code section 87302 73 In the event City determines that Consultant must disclose its financial interests, Consultant shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk ARTICLE 8 — GENERAL CONSIDERATIONS 8 1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party 82 Consultant shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement 83 Consultant is for all purposes under this Agreement an independent Consultant and shall perform the Services as an independent Consultant Neither City nor its agents shall have control over the conduct of Consultant or Consultant's employees, except as herein set forth Consultant shall supply all necessary tools and instrumentalities required to perform the Services Assigned personnel employed by Consultant are for its account only, and in no event shall Consultant or personnel retained by it be deemed to have been employed by City of engaged by City for the account of, or on behalf of City Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind City to any obligation 84 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Consultant of City's intent to terminate If this Agreement is terminated by City, an adjustment to Consultant's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant Upon receipt of a termination notice, Consultant shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver of otherwise make available to City, copies (in both hard copy and electronic form, where 4 I 1ca\dpnlAg eententsTCORP Professional services Agreement Ps 1 1 doe Ps 1 1 (5129118) applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services Consultant shall be compensated on a pro -rata basis for Services completed up to the date of termination 85 Consultant shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement Such books shall be available at reasonable times for examination by City at the office of Consultant 86 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant 87 This Agreement shall be governed by and construed in accordance with the laws of the State of California 8 8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement CITY OF RE LANDS ECORP CONSULTING, INC B "Ju ]�trt By amI Mc onnell,o R Mit ell, Vice President Assistant to the City Manager Attest J e Donaldson, City Clerk 5 I IcaldjmlAgreementsTCOKP Professional Services Agreement.PS l l.doc PS t E (5/29/19) EXHIBIT "A" SCOPE OF SERVICES Task 1: Documents Review Prioi to the start of construction, ECORP will review the draft Monitoring Plan provided by the City and will provide comments and suggested revisions on the document to the City Task 2: Preconstruction Meetin(y in The ECORP Project Manager and primary Archaeological Monitor will attend one preconstruction meeting with the City, SMBMI, and other interested parties The meeting will cover monitoring processes, construction schedules, and cultural concerns associated with the Project area Task 3 Archaeological Monitoring In order to comply with MM TCR -I and the Monitoring Plan, ECORP will provide cultural resources monitoring services during all ground -disturbing activities within the northernmost 1,100 feet of the Project alignment along Crafton Avenue south of Moss Street and north of 3rd Avenue The Archaeological Monitor will be required to follow all written and verbal safety instructions from the construction contractor at all times The only exception is if/when the monitor needs to temporarily either stop construction or route construction around a sensitive area of find exposed by the construction activities In those cases, the monitor will coordinate with the construction contractor to divert equipment and activities to allow adequate documentation and evaluation of the find All monitors have training and experience working around construction equipment and will coordinate with the applicable equipment operator and Tribal monitor(s), to ensure the safety of all persons in the construction area The Archaeological Monitor will prepare a daily log for each day of monitoring to document the construction activities observed, hours on site, and a brief description of any encountered archaeological materials, along with actions taken to record and evaluate the find The Project Manager will direct the appropriate efforts in the event that cultural materials are encountered during construction The number of monitors needed is dependent on the number and location of ground -disturbing activities occurring at any one time ECORP assumes that no more than 10, eight-hour person -days of monitoring will be needed for the Project If unanticipated archaeological materials are found, the following procedures will be implemented 1) In the event that archaeological material is found during project construction, the archaeological monitor will require earthmoving or grading within 100 feet of the discovery to be temporarily diverted, as required by MM TCR -2 and the Monitoring Plan The monitor will notify the Construction Supervisor and will mark the immediate area with highly visible flagging and ensure that no construction is carried out within the flagged -off Environmentally Sensitive Area (ESA) 6 1 IcaldjmlAa eementslECORP Professional Services Aa eement.PS l l doc PS l l (5/29118) 2) The ECORP Project Manager will notify the City, the SMBMI, and any other participating Tribes of the find within 48 hours of discovery 3) An archaeological treatment plan and research design will be prepared in coordination with all parties The treatment plan will outline the methods and research design to be used to evaluate the find for the CRHR and the NRHP The treatment plan will include culturally appropriate measures as agreed by all parties For costing purposes, it is assumed that no unanticipated resources will need to be recorded and no treatment plan will be needed If the pieparation and implementation of a treatment plan are needed, a separate scope and cost will be prepared based on the level of effort required 4) If the find is considered eligible foi the NRHP and/or CRHR, the ECORP Project Managei will confer with the City and the SMBMI to recommend appropriate preservation oi, if needed, mitigation measures in compliance with CEQA The Project Managei will develop a mitigation plan foi the site as described in MM TCR -2 A separate cost estimate foi the mitigation plan will be supplied to the City, which will be considered a separately negotiated contract 5) No construction can occur within the flagged -off area until the Project Managei, through coordination with the City and the SMBMI, determines that either the site is not significant or data recovery is complete Artifact Collection All cultural materials will be treated in a culturally -appropriate manner as outlined in TCR -3 and in the Monitoring Plan Whether or not to collect an artifact will be up to the discretion of the Project Manager in coordination with the City and the SMBMI If items are collected, they shall be temporarily stored on site at a secured location with limited access The final disposition of collected items shall be decided through consultation with the Project Manager, the City, and participating Tribes Following the completion of construction, ECORP will assist the City with coordination with participating Tribes for determining the disposition of collected artifacts Artifact disposition may include reburial on site, repatriation, or curation at an approved facility This scope of work does not include the costs foi artifact curation, repatriation, of reburial If these services are needed, a separate scope and cost will be submitted based on the level of effort required Human Remains Finds If human remains of any kind are found during construction, the requirements of CEQA Guidelines Section 15064 5(e) and AB 2641 will be followed According to these requirements, all construction activities must cease immediately and the San Bernardino County Coronei must be notified The Coronet will examine the remains and determine the next appropriate action based on his of het findings If the coroner determines the remains to be of Native American origin, he or she will notify the Native American Hentage Commission (NAHC) The NAHC will then identify the most likely descendants (MLD) to be consulted regarding treatment and/oi reburial of the remains If an MLD cannot be identified, of the MLD fails to make a recoininendation regarding the treatment of the remains within 48 hours after gaining access to the remains, the City shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further subsurface 7 1 1ca\djmlAgreements\ECORP Professional Services Agreement.PS 1 1 doc PS 1 1 (5/29118) disturbance, following procedures required by Public Resources Code, Sections 5097 94, 5097 98, 5097 99, and Health and Safety Code, Section 7050 5 Task 4 — Native American Monitoring ECORP will provide Native American monitors affiliated with the SMBMI fol the Project All SMBMI Native American Monitors will be ECORP temporary employees foi the purposes of the Project and will coordinate activities with ECORP's Project Manager As stated in the mitigation measures and Monitoring Plan, Native American monitors will be present during all ground- dtsturbmg activities conducted within the northernmost 1,100 feet of the project along Crafton Avenue south of Moss Street and north of 3rd Avenue Native American monitors have the authority to temporarily halt or reroute construction in the event of a cultural find If unanticipated archaeological or Tribal materials are found, the Native American monitor will notify the archaeological monitor and the Project Manager and the protocols described in Task 3 will be applied ECORP assumes that no more than 10, eight-hour person -days of monitoring will be needed for the Project Task 5— Cultural Resources Monitoring Report At the completion of all monitoring activities, a Cultural Resources Monitoring Report will be prepared This report will describe the types of construction activities monitored and will document the methods and results of monitoring If resources are encountered, they will be described in detail with the DPR 523 site records included as an appendix Foi costing purposes, it is assumed that no new resources will be identified during project construction The draft report will be delivered electronically to the City, the SMBMI, and participating Tribes for review ECORP will respond to one round of combined comments on the report Up to three (3) hard copies of the final report will be provided upon request A copy of the final report will be transmitted to the South Central Coastal [Archaeological] Information Centei (SCCIC) MITIGATION MEASURES TCR -1 Due to the heightened cultural sensitivity of the proposed project area, both an archaeological monitor with at least 3 years of osteology experience identifying faunal remains in the field/lab to determine genus/species (human vs non -human) as well as excavating human remains, including cremations, and a Tribal monitor representing the San Manuel Band of Mission Indians (SMBMI) shall be present for all ground -disturbing activities that occurs within the northernmost 1100 feet of the proposed project area (which includes, but is not limited to, tree/shrub removal and planting, clearing/grubbing, grading, excavation, trenching, compaction, fence/gate removal and installation, drainage and irrigation removal and installation, hardscape installation [benches, signage, boulders, walls, seat walls, fountains, etc ], and archaeological work) A sufficient number of archaeologtcal and Tribal monitors shall be present each work day to ensure that simultaneously occurring ground disturbing activities receive thorough levels of monitormg coverage 8 E Ecaldjm\Agreements\ECORP Protessional Services Agreement PS i 3 doc PS 1 1 (5/29118) Tribal monitors from additional consulting tribes shall be given the opportunity to be present for all ground disturbing activities that occur within the northernmost 1100 feet of the proposed project area at their own, expense without compensation from the City of Redlands The City of Redlands, shall provide compensation (hourly wages, mileage, etc ) foi all archaeological and Tribal monitors and the services these individuals provide as part of the monitoring effort for the Project Prior to the issuance of any ground disturbance -related permits (such as grading permits), the City of Redlands shall contact and coordinate with SMBMI to coordinate the development of a mutually -acceptable Archaeological and Tribal Monitonng Plan This Plan shall be approved by the City of Redlands and SMBMI prioi to the start of any ground disturbance work The Plan's implementation in the field shall be enforced by the City of Redlands foi the life of the Project TCR -2 If an archaeological deposit or tribal cultural resource is discovered within the Project area, ground disturbing activities shall be suspended 100 feet around the resource(s) and an Environmentally Sensitive Area (ESA) physical demarcation/barrier constructed Representatives from SMBMI, the Archaeological Monitor, any additional tribal monitors and the City of Redlands shall confer regarding treatment of the discovered resource(s) A treatment plan shall be prepared, reviewed and adopted by all Parties, and then implemented to protect the identified resources from damage and destruction The treatment plan shall contain a research design to evaluate the resource for significance under both NHPA and CEQA criteria This research design shall (1) acknowledge the necessity for additional, internal Tribal deliberations and culturally -appropriate treatments for all tribal cultural resources and (2) for archaeological resources, include fieldwork and sampling procedures appropriate to ascertain the boundaries, nature, and content of the resource in accordance with current, professional archaeological best practices, as agreed upon by SMBMI Should the resource be determined to be significant under either federal- or state -level criteria, avoidance and preservation in place shall be the preferred treatment Should the resource not be a candidate foi avoidance or preservation in place, a resource -specific mitigation plan shall be developed, reviewed by all Parties, and implemented Should the mitigation plan include archaeological data recovery, a research design shall be developed that exhausts the research potential of the resource in accordance with current professional archaeology standards Any mitigation plan that results in the removal of cultural resources (artifacts, ecofacts, features, etc ) from their original provenience shall also include a comprehensive discussion of resource processing, analysis, curation, and reporting protocols and obligations a) All mitigation, treatment, and data recovery plans shall be developed in consultation with SMBMI of additional consulting tribe if applicable b) All fieldwoik related to treatment, mitigation, and data recovery plans shall require monitoring by an SMBMI Tribal Monitor or additional consulting tribe if applicable 9 1 1ca1dj n\Agreemen s\ECORP Professional Services Agreement,PS l 1 doc PS 1 1 (5129118) c) All draft reports containing the significance and treatment f ndings and data recovery results shall be prepared by the archaeologist hired by the Lead Agency/applicant and submitted to the Lead Agency and SMBMI, or additional consulting tribe if applicable, fol their review and comment d) All final reports are to be submitted to the local CHRIS Information Centel, the Lead Agency, and SMBMI, o1 additional consulting tribe if applicable TCR -3 SMBMI requests that culturally -appropriate and professionally proper procedures shall be followed with respect to all artifacts and remains affiliated with Native peoples—whether prehistoric, protohistoric, or historic a) Any sacred/ceremonial objects of objects of cultural patrimony discovered within the project area are to be offered to the MLD of record for appropriate treatment and all claims of ownership to such materials waived by the applicant/developer/Iandowner b) SMBMI requests that all other artifacts be permitted to be either (1) left in situ should avoidance or protection in place be guaranteed or (2) reburied, on site, in a location that will be protected from future disturbance A fully executed reburial agreement shall be developed with SMBMI, of additional consulting tribe if applicable This agreement shall include measures and provisions to protect the future rebunal area from any future impacts (vis a vis project plans, conservation/preservation casements, deed riders, etc ) Reburial shall not occur until all ground -disturbing activities associated with the Project have been completed, all monitoring has ceased, all cataloguing and basic recordation of cultural resources have been completed, and a final monitoring report has been issued to Lead Agency, CHRIS, and SMBMI, or additional consulting tribe if applicable c) Should it occur that avoidance, preservation in place, or on-site reburial are not an option for some artifacts, SMBMI requests that the landownei relinquish all ownership and rights to this material and consult with the Tribes to identify an American Association of Museums (AAM) -accredited facility within San Bernardino County that can accession the materials into then permanent collections and provide for the proper care of these objects in accordance with the 1993 CA Curation Guidelines A curation agreement with an appropriate qualified repository shall be developed between the landownei and museum that legally and physically transfers the collections and associated records to the facility This agreement shall stipulate the payment of fees necessary for permanent curatron of the collections and associated records and the obligation of the Project developer/applicant to pay for those fees d) Where appropriate and agreed upon in advance by SMBMI, or additional consulting tribe, the archaeologist hired by the City of Redlands may conduct 10 I lca!dpn\AgreementslECORP Professional Services Agreement P5 l l doc PS l l (5129118) analyses of certain artifact classes (including, but not limited to, shell, non -human bone, ceramic, stone) if required by CEQA, the Project's mitigation measures, and/or conditions of approval foi the Project Upon completion of authorized and mandatory analyses, the applicant/developei shall provide said artifacts to SMBMI, or additional consulting tribe, for reburial on site or to the aforementioned, identified curation facility within sixty (60) days from the completion of analyses and not to exceed one hundred and twenty (120) days after the initial recovery of the items from the field TCR -4 The Lead Agency and the applicant/developer shall immediately contact the San Bernardino County Coronei and SMBMI, or additional consulting tribe, in the event that any human remains are discovered during implementation of the Project If the Coroner recognizes the human remains to be those of a Native American, or has reason to believe that they are those of a Native American, the Coroner shall ensure that notification is provided to the NAHC within twenty-four (24) hours of the determination, as required by California Health and Safety Code § 7050 5 (c) The NAHC-identified Most Likely Descendant (MLD), shall be allowed, under California Public Resources Code § 5097 98 (a), to (1) inspect the site of the discovery and (2) make determinations as to how the human remains and funerary objects shall be treated and disposed of with appropriate dignity The MLD, City of Redlands, and landowner agree to discuss in good faith what constitutes "appropriate dignity" as that term is used in the applicable statutes The MLD shall complete its inspection and make recommendations within forty-eight (48) hours of receiving notification from either the Developer of the NAHC, as required by California Public Resources Code § 5097 98 Reburial of human remains and/or funeraiy objects shall be accomplished in compliance with the California Public Resources Code § 5097 98 (a) and (b) The MLD in consultation with the City of Redlands, shall make the final discretionary determination regarding the appropriate disposition and treatment of human remains and funerary objects All parties are aware that the MLD may wish to rebury the human remains and associated funerary objects, as well as ceremonial and cultural items (artifacts) on or near, the site of their discovery, in an area that shall not be subject to future subsurface disturbances The City of Redlands should accommodate on-site reburial in a location mutually agreed upon by the Parties The term "human remains" encompasses more than human bones because some local Tribes' traditions periodically necessitated the ceremonial burning of human remains and funerary objects Funerary objects are those artifacts associated with any human remains of funerary rites These items, and other funerary remnants and there ashes, are to be treated in the same manner as human bone fragments or bones that remain intact 11 11caldpitAgreementsTCORP Pro1LSs]Onal Services Agreement PS E 1 doe PS 1 1 (5129/13) It is understood by all Parties that unless otherwise required by law, the site of any reburial of Native American human remains or cultural artifacts shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act The Coroner, parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code § 6254 (r) 12 11ca1djmlAgreeinents\ECORP Professional Services Agreement PS 1 1 doc PS t l (5l29/18) EXHIBIT "B" FEESCHEDULE The costs will be billed on a TIME AND MATERIALS NOT TO EXCEED basis, as presented below Note ODCs consist of mileage as well as hotel, per diem, and mileage for the Tribal Monitors Standard rates, as listed above, apply for all overtime, night, and weekend work 13 1 IcaldjmlAgreements\ECORP Professional Services Agreement PS 1 I doc PS -1 1 (5124118) EXHIBIT "C" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more of the following ways (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self -insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees CHECK ONE XI am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement (Labor Code § 1861) I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance I certify under penalty of pei]ury under the laws of the State of California that the information and representations made in this certificate are true and correct ECORP Consulting, Inc B ald R itchell, Vice President 14 I lcaldjmlAgreementslECORP Professional Services AgreementTS 1 Ldoc Date f