18-0522_MCKEEHAN ENVIRONMENTAL CONSULTANTS, INC._Professional Services AgreementCITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT
L
This Agreement is made and entered into as of 1 1 2018 by and
between the City of San Juan Capistrano, a municipal corporation organized and operating
under the laws of the State of California with its principal place of business at 32400 Paseo
Adelanto, San Juan Capistrano, CA 92675 ("City"), and Judy McKeehan DBA McKeehan
Environmental Consultants, a Sole Proprietorship with its principal place of business at 252
Calle Cuervo, San Clemente, CA 92672 (hereinafter referred to as "Consultant"). City and
Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this
Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional
environmental monitoring services for the following project:
Environmental Monitoring for the Eastern Irrigation Water System Project, CIP 17808
(hereinafter referred to as "the Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit "A."
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit "B."
b. In no event shall the total amount paid for services rendered by
Consultant under this Agreement exceed the sum of $35,420 (includes 10% contingency for
unforeseen conditions). This amount is to cover all printing and related costs, and the City will
not pay any additional fees for printing expenses. Periodic payments shall be made within 30
days of receipt of an invoice which includes a detailed description of the work performed.
Payments to Consultant for work performed will be made on a monthly billing basis.
3. Additional Work.
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If changes in the work seem merited by Consultant or the City, and informal
consultations with the other party indicate that a change is warranted, it shall be processed in
the following manner. a letter outlining the changes shall be forwarded to the City by Consultant
with a statement of estimated changes in fee or time schedule. An amendment to this
Agreement shall be prepared by the City and executed by both Parties before performance of
such services, or the City will not be required to pay for the changes in the scope of work. Such
amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during
the contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5. Time of Performance.
Consultant shall perform its services in a prompt and timely manner and shall
commence performance upon receipt of written notice from the City to proceed ("Notice to
Proceed"). Consultant shall complete the services required hereunder within 365 calendar
days. The Notice to Proceed shall set forth the date of commencement of work.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not
limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage orjudicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
C. If applicable, Consultant is responsible for all costs of clean up and/ or removal of
hazardous and toxic substances spilled as a result of his or her services or operations
performed under this Agreement.
8. Standard of Care
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Consultant's services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates, and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Consultant
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract
until it has secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
for the following: (iii) Commercial General Liability Insurance must include coverage
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
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(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
insured against another; (3) products/completed operations liability; or (4) contain any other
exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees,
agents and City designated volunteers additional insured status using ISO endorsement forms
CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non -owned and hired vehicles, in a form and
with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
Workers' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California 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 he/she will comply with such provisions before commencing work
under this Agreement.
(ii) To the extent Consultant has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreement,
the Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
"Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer's Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the
period required by this Agreement, workers' compensation coverage of the same type and limits
as specified in this section.
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d. (Intentionally Left Blankl
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
Employer's Liability $1,000,000 per occurrence
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's
equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-
S or equivalent), together with required endorsements. All evidence of insurance shall be
signed by a properly authorized officer, agent, or qualified representative of the insurer and
shall certify the names of the insured, any additional insureds, where appropriate, the type and
amount of the insurance, the location and operations to which the insurance applies, and the
expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of premium. If any of the required coverage is cancelled or expires
during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including
the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to
the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant's policy is primary insurance and that any
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insurance, self-insurance or other coverage maintained by the City or any named insureds
shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than
the effective date of this Agreement. Consultant shall maintain such coverage continuously for
a period of at least three years after the completion of the work under this Agreement.
Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is
advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed,-
or
enewed;or C) if the policy is replaced by another claims -made policy with a retroactive date subsequent
to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its
officials, officers, employees, agents. and volunteers or shall specifically allow Consultant or
others providing insurance evidence in compliance with these specifications to waive their right
of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies. as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance
Code or any federal law.
Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is
not intended to and shall not in any manner limit or qualify the liabilities and obligations
otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to,
the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
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(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or subconsultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel of City's choosing), indemnify and hold the City, its officials, officers, employees,
volunteers, and agents free and harmless from any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or
persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any
acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees,
subcontractors, consultants or agents in connection with the performance of the Consultant's
services, the Project or this Agreement, including without limitation the payment of all damages,
expert witness fees and attorney's fees and other related costs and expenses. Consultant's
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by
Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant's obligation to defend, indemnify, and/or hold harmless
arises out of Consultant's performance of "design professional" services (as that term is defined
under Civil Code section 2782.8), then, and only to the extent required by Civil Code section
2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be
limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of
competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not
exceed the Consultant's proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code
Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and
the performance of other requirements on certain "public works" and "maintenance" projects
("Prevailing Wage Laws"). If the services are being performed as part of an applicable "public
works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage
Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and
agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of
any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory
upon the Consultant and all subconsultants to comply with all California Labor Code provisions,
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which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and
1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor
Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and
debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to
submit certified payroll records directly to the Labor Commissioner under Labor Code section
1771.4 shall not apply to work performed on a public works project that is exempt pursuant to
the small project exemption specified in Labor Code Section 1771.4.
b. If the services are being performed as part of an applicable "public works"
or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Consultant and all subconsultants performing such services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the duration of the
Project and require the same of any subconsultants, as applicable. This Project may also be
subject to compliance monitoring and enforcement by the Department of Industrial Relations. It
shall be Consultant's sole responsibility to comply with all applicable registration and labor
compliance requirements. Notwithstanding the foregoing, the contractor registration
requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work
performed on a public works project that is exempt pursuant to the small project exemption
specified in Labor Code Sections 1725.5 and 1771.1.
C. This Agreement may also be subject to compliance monitoring and
enforcement by the Department of Industrial Relations. It shall be Consultant's sole
responsibility to comply with all applicable registration and labor compliance requirements. Any
stop orders issued by the Department of Industrial Relations against Consultant or any
subcontractor that affect Consultant's performance of services, including any delay, shall be
Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Consultant caused delay and shall not be compensable by the City. Consultant
shall defend, indemnify and hold the City, its officials, officers, employees and agents free and
harmless from any claim or liability arising out of stop orders issued by the Department of
Industrial Relations against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all
requirements and restrictions of state and federal law respecting the employment of
undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of
1986, as may be amended from time to time, and shall require all subconsultants and sub-
subconsultants to comply with the same.
15. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of
California. If any action is brought to interpret or enforce any term of this Agreement, the action
shall be brought in a state or federal court situated in the County of Orange, State of California.
16 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days written notice to Consultant. In such
event, City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion
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of the work completed and/or being abandoned. City shall pay Consultant the reasonable value
of services rendered for any portion of the work completed prior to termination. If said
termination occurs prior to completion of any task for the Project for which a payment request
has not been received, the charge for services performed during such task shall be the
reasonable value of such services, based on an amount mutually agreed to by City and
Consultant of the portion of such task completed but not paid prior to said termination. City shall
not be liable for any costs other than the charges or portions thereof which are specified herein.
Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to
damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days' written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement through no
fault of Consultant.
18 Documents. Except as otherwise provided in "Termination or Abandonment,"
above, all original field notes, written reports, Drawings and Specifications and other
documents, produced or developed for the Project shall, upon payment in full for the services
described in this Agreement, be furnished to and become the property of the City.
19. Organization
Consultant shall assign Judy McKeehan as Project Manager. The Project Manager shall
not be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above.
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be
given or delivered by depositing the same in any United States Post Office, certified mail, return
receipt requested, postage prepaid, addressed to:
CITY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Benjamin Siegel, City Manager
and shall be effective upon receipt thereof.
22. Third Party Rights
CONSULTANT:
McKeehan Environmental Consultants
252 Calle Cuervo
San Clemente, CA 92672
Attn: Judy McKeehan, President
Nothing in this Agreement shall be construed to give any rights or benefits to anyone
other than the City and the Consultant.
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23. Equal Opportunity Employment
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not
incorporated herein, and that any other agreements shall be void. This Agreement may not be
modified or altered except in writing signed by both Parties hereto. This is an integrated
Agreement.
25. Severabilitv
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted
assignment without such consent shall be invalid and void.
27. Non -Waiver
None of the provisions of this Agreement shall be considered waived by either party,
unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City's Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection
with this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company
or person, other than a bona fide employee working solely for Consultant, to solicit or secure
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this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND JUDY MCKEEHAI%f DBA MCKEEEIAN ENVIRONMENTAL CONSULTANTS
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN JUAN CAPISTRANO
By:
njami S' el
City Manager
"'Jtx�
ATTEST:
By: I ' f'U�
City Clerk
APPROVED AS TO FORM:
By: —�,
�y�omey
JUDY MCKEEHAN DBA
MCKEEHAN ENVIRONMENTAL CONSULTANTS
By:
Its: owner
Printed Name: Judy McKeehan
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EXHIBIT A
Scope of Services
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McKeehan Environmental Consultants
May 4, 2018
*Archaeology
• Paleontology
*Environmental Compliance
Mr. Michael Marquis, P.E.
Associate Civil Engineer
City of San Juan Capistrano
San Juan Capistrano, California 92675
MMarquis@sanjuancapistrano.org
Judy McKeehan, MA, RPA
252 Calle Cuervo
San Clemente, CA 92672
949.573.3308
jdmckeehan@sbcglobal.net
RE: EASTERN IRRIGATION WATER SYSTEM PROJECT, CIP 17808: ENVIRONMENTAL MONITORING SERVICES
Dear Mr. Marquis:
McKeehan Environmental Consultants (MEC) is pleased to respond to your request to provide qualified
and experienced Environmental Monitoring Services for the Eastern Irrigation Water System Project, CIP
17808 in the City of San Juan Capistrano, Orange County.
The project involves construction of underground and above ground water piping and electrical conduits
and panels at two site locations, the Point of Delivery and the Blending Facility, which are located
approximately one quarter of a mile apart just southeast of the intersection of Calle Arroyo and La Novia
in the City of San Juan Capistrano.
MEC is familiar with the previous archaeological, paleontological and Native American studies pertinent
to the specific area. Please see attached project experience in the City of San Juan Capistrano.
Ms. Judy McKeehan, MA, RPA, wiil be the sole point of contact who is responsible for the required service
operations and contractual matters, including payment of any and all charges resulting from the
Agreement. This proposal shall remain valid for a period of not less than 90 calendar days from the date
of submittal.
DESCRIPTION OF SERVICES PROVIDED
Declaration and included Mitigation Monitoring and Reporting Plan, 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 Orange County qualified archeologist, Judy McKeehan,
MA, RPA, who has 27 years of experience All tasks will be conducted in conformance with the project's
Initial Study/Mitigated Negative a in the City of San Juan Capistrano, the state of California, the Western
United States, and the eastern Mediterranean. She is the sole authorized archaeologist for Mission San
MCKEEHAN ENVIRONMENTAL CONSULTANTS PROPOSAL
McKeehan Environmental Consultants
Juan Capistrano, the San Juan Capistrano Historical Society, and the San Juan Capistrano Open Space
Foundation.
Mr. Mark Roeder, qualified Orange County paleontologist with more than 30 years' experience in
southern California, will manage the paleontological strategy.
The appropriate archaeological or paleontological monitors shall be provided based upon such
conditions as Holocene or older soils, alluvial deposition/erosional environment, etc.
A Native American will monitor excavation activities during construction. This will be a trained and
experienced Native American monitor designated by, and representing the Juaneno Band of Mission
Indians, who has worked with local archaeologists and who is familiar with and resides in the City of San
Juan Capistrano.
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 monitors will work
closely with the City and its contractor to avoid imminent destruction of potentially significant
resources, if necessary.
Scope of Work:
TASK 1. PRECONSTRUCTION MEETING
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. Duration of meeting is expected to be one hour, with an additional hour for prep and travel
time, for a total of 2 hours for this task.
TASK 2. CULTURAL RESOURCES MONITORING
A qualified archeologist/paleontologist will monitor excavation activities during construction. In the event
of a discovery, the qualified monitor may divert operations, evaluate and mitigate the find through
preservation or through documentation, as necessary. In the unlikely event that human remains are
encountered, the monitor shall contact the Orange County Coroner, the Native American Heritage
Commission and the most likely descendent.
Tasks will include:
• Observing activities with respect to permit requirements and mitigation measures
as outlined in the project Mitigation Monitoring and Reporting Plan (MMRP);
• 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.
It is anticipated that 160 hours of monitoring shall be sufficient for this task.
MCKEEHAN ENVIRONMENTAL CONSULTANTS PROPOSAL 2
McKeehan Environmental Consultants
TASK 3. NATIVE AMERICAN MONITORING
A trained and experienced Native American monitor, designated by, and representing the Juaneno Band of
Mission Indians, who has worked with local archaeologists and who is familiar with and resides in the City
of San Juan Capistrano, will act as the Native American monitor. The Native American will monitor
excavation activities during construction.
It is anticipated that 160 hours of monitoring shall be sufficient for this task.
TASK 4. CULTURAL RESOURCES TECHNICAL REPORTS
A Negative Archaeological Resources Report will be written following Office of Historic Preservation
format and content guidelines, which provides the results of monitoring. The report will include
pertinent photographs and graphics. The negative final archaeological will be submitted to the South
Central Coastal Information Center (SCIC) at Cal State Fullerton as required by law.
This task will also include preparation of a Negative Paleontological Report and submittal to the Cooper
Center, the Orange County Paleontological Facility at CSU Fullerton and the Los Angeles County Natural
History Museum.
One draft of these reports will be submitted to the City electronically for review. Upon receipt of
comments on the draft documents, MEC will incorporate input and produce the final reports. MEC
assumes that only one round of review will be necessary. One hardcopy and one electronic copy of the
final reports will be produced and submitted to the City.
The report will also present recommendations for further work, if needed, to evaluate any cultural
resources that may have been identified.
ADDITIONAL WORK
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.
In the event of a discovery, evaluation and determination of appropriate treatment services shall be
provided on a time and materials basis. Hourly rates for these services will be dependent upon the
nature of the discovery and the types of specialists required. The rates for specialists will be charged
per the attached Rate Schedule. Examples are: faunal bone identification, lithic typologies, fossil
identification, C14 age dating of organic material, etc. Field preparation and retrieval of samples may be
necessary on a timely basis. These costs will be coordinated with the City and approval by the City shall
be obtained before any additional work ensues.
FEE SCHEDULE
The project costs below for construction monitoring are for 20 days at 8 -hours per day (160 hours),
based on hours anticipated to be necessary to complete the construction phase of the project. If the
schedule exceeds present estimates, additional hours will be charged per the attached hourly rate
MCKEEHAN ENVIRONMENTAL CONSULTANTS PROPOSAL 3
McKeehan Environmental Consultants
schedule on a time -and -materials basis. Hours worked in exceedance of 8 hours per day or 40 hours per
week will be at 1- % times the stated hourly rate.
Task
Rate
Hours/Miles
Amount
Task 1: Preconstruction Meeting
Archaeology Project Manager
2
Gratis
Task 2: Archaeological Monitoring
Archaeological Monitor
85.00
160
$ 13600.00
Task 3: Native American Monitoring
Native American Monitor
85.00
160
$ 13600.00
Task 4: Negative Reports
Archaeological Report (Negative)
100.00
30
$ 3000.00
Paleontological Report (Negative)
100.00
20
$ 2000.00
Mileage
included
$ 0.00
Travel Time
Included
$ 0.00
Total
$ 32,200.00
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
McKeehan Environmental Consultants
MCKEEHAN ENVIRONMENTAL CONSULTANTS PROPOSAL
EXHIBIT B
Schedule of Charges
14
61147.02100\10974777.2
Updated April 2018
FEE SCHEDULE - MCKEEHAN ENVIRONMENTAL CONSULTANTS
Personnel
Rate/ Hour
Senior Staff
Archaeology Project Manager
100.00
Paleontology Project Manager
100.00
Specialists — (Faunal Identification and
Preparation, Lithic Typologist, etc.)
100.00
Field and Office Staff
Archaeological Monitor
85.00
Paleontological Monitor
Native American Monitor
85.00
85.00
Word Processing, Graphics
85.00
Materials Analysis
C14 age dating of organic material
120.00
Mileage
No Charge
Travel Time
No Charge