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19-1022_MCKEEHAN ENVIRONMENTAL CONSULTANTS_Professional Services Agreement • CITY OF SAN JUAN CAPISTRANO PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into as of Gc-+`'}zr 2"2 , 20 t 't by and , between the City of San Juan Capistrano, a public agency organized and operating' under the. Taws:o.f the State of California.with its principal place of business at 32400 Paseo Adelante, San Juan Capistrano, CA 92675 ("City"y, and McKeehan Environmental Consultants a CORPORATION, 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. services for the following project; Verdugo Street Beautification Project CIP 14106.(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: 1. 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 $20;350 [Twenty thousand three hundred fifty dollars]. This amount includes a 10%.contingency and will require City's prior approval to use it. This'amount is to cover all printing and related costs, and the City will.notpay 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.. 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 1 611,17.02100\0974777J Updalcd March 2019 • 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 periodand for four (4) years from the date of final payment under the contract for inspection by City, 5. Time of Performance The term of this Agreement shall be from October 16, 2019 to June 30, 2020, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed ("Notice to Proceed"). 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 or judicial restraint. b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being preventedfrom 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 2 6114 7c 02100110974 777.3 Updawcd March 2019 • 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 Contractor Consultant is retained as an independent contractor and isnot 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 acceptableto 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. (iii) Commercial General Liability Insurance must include coverage. for the following: (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 Agreement (8) Property Damage 3 61147.02100\10974777,3 llr:hilud March 2019 (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 2010 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). (Ili) 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. c. Workers'Compensation/Emplover'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, 4 61147,02100`,10474777.3 Upd, cd March 2019 d. Professional Liability (Errors and Omissions) • At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy must"pay on behalf of'the insured and must include a provision establishing the insurer's duty to defend. 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 combined single limit Employer's Liability $1,000,000 per accident or disease • Professional Liability $1,000,000 per claim and aggregate (errors and omissions) (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. f. 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 5 61147.02100%1(1974777.3 Updated March 7.019 (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 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 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 provide a 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. h. Qualffvina 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'ofCalifornia, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. I. Additional Insurance Provisions (i) The foregoing requirements as to thetypes,and limits of Insurance coverage to be maintained by. Consultant, and any approval of said insurance by the City, is 6 61147.02 100U 0974777,3 Updated March 2019 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. (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. 7 6 1147.021001I0974777.3 Upduwd March 2019 • • 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, 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. 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. Reserved. 16. Laws and Venue. 8 61147,02 I00110974777 J tlpdulcd March 2019 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. 17 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 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: Consultant: City of San Juan Capistrano McKeehan Environmental Consultants 32400 Paseo Adelanto 252 Calle Cuervo 9 G 1147,02100110974777,3 Updutcd March 2019 • San Juan Capistrano, CA 92675 San Clemente CA 92672 Attn: Paul Meshkin Attn: Judy McKeehan and shall be effective upon receipt thereof. 22. Third Party Rights Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 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 Aqreement 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. Severability The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining 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 10 6.114 7,02100110974 777.3 Updutcd Murch 2019 Time is of the essence for each and every provision of this Agreement. J 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 ithat It has not employed nor retained any company or person, other than a bona fide employee working' solely for Consultant, to solicit or secure 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. 31. Federal Requirements NIA. [SIGNATURES ON FOLLOWING PAGE] 11 61147,02100\10974777.3 Updated Maruti 2919 SIGNATURE PAGE'FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF SAN JUAN CAPISTRANO AND MCKEEHAN ENVIRONMENTAL CONSULTANTS IN WITNESS WHEREOF, the Parties haver executed this Agreement as of the date, first written above, • •CITY'OF SAN JUAN•CAPISTRANO MCKEEHAN NVIRONMENTAL•CONSULTANTS By: ic.�j�- ` t ' By• 4. r f` �I 'cw aI Benjamin Siegel . City Manager Its: •' Printed Name. ',Ley J f Jic i , ATTEST: • By: V f -rk , 4111 APPROVED AS TO FORM: • By: 5 P ty 'tryrney • 12 61 147 02l(; 6‘1747t7 3 thlatcd Motel'21:1'4 • 1 EXHIBIT A Scope of Services • 13 61147,02100110974777.3 Updated March 2019 EXHIBIT B Schedule of Charges/Payments Consultant will invoice City on a monthly cycle. Consultant will Include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and- materials contract. • ' 14 61147.02100110974777,3 Updalcd March 2019 EXHIBIT C Activity Schedule • I , 15 61147,02100110974777,3 Upduled March 2019 EXHIBIT D Federal Requirements N/A J • 16 61147.x2 t ook t 0974777,3 Updated March 2019 McKeehan Environmental Consultants EXHIBiTSA, B, C •Archaeology Judy McKeehan,MA,RPA 252 Calle Cuervo 970)'• I •Paleontology San Clemente,CA 92672 949.573.3308 •Environmental Compliance jdmckeehan@sbcglobal.net August 30,2019 Paul Meshkin, P.E. Senior Civil Engineer Public Works Department City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 • 949.443.6350 pmeshkln@sanjuancapistrano.org RE: Archaeological and Native American Monitoring Services for Verdugo Street Beautification Project,CIP 14106,San Juan Capistrano,Ca 92675 ' Dear Mr,Mesh kin: McKeehan Environmental Consultants (MEC) is pleased to respond to your request to provide qualified and experienced archaeological, and Native American monitoring services for beautification improvements to Verdugo Street in the City of San Juan Capistrano,Orange County,MEC is familiar with the previous archaeological and Native American studies pertinent to the specific area including current work at 31671 Camino Capistrano at the corner of Verdugo, adjacent to the north side of the project and prior work at Franciscan Plaza adjacent to the south side of the project. Ms.Judy McKeehan,MA,RPA,will be the sole point of contact who is responsible for the required service operations and contractual matters, including paymentof 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 PROJECT The Verdugo Street Beautification Project will create an inviting street corridor that will promote a sense • of arrival for visitors arriving by train, as well as those parking and walking to restaurants, the movie theatre and shops downtown.The project will primarily employ street dieting to reduce street widths and widen pedestrian sidewalks to provide a more pedestrian-focused experience with options for sidewalk dining and possibly temporary street closures for special events.The design will maximize the use of rolled curbs, and the roadway would generally be defined by planters and bollards. Paving in the street and sidewalks is enhanced through the use of colored or washed concrete,pavers,or a combination of both. Street benches would provide seating while street trees would provide natural shade. Street and bistro lighting will be employed along portions of Verdugo Street with bistro lighting only along Arguello Way (alleyway),located immediately north of Verdugo Street.Upgrades to the plaza area adjacent to the train MCKEEHAN ENVIRONMENTAL CONSULTANTS CONTRACT I • McKeehan Environmental Consultants depot include,pavers, landscaping, trellis structure(s), lighting, and signage. Work will also entail storm drain Infrastructure and water quality improvements,utility coordination,adjustments and relocation(s). Implementation of Best Management Practices(BMP)for storm water pollution prevention during all construction activities;and other general Improvements. DESCRIPTION OF SERVICES PROVIDED Monitoring will be conducted during all Initial ground-disturbing activities on the protect, including any off-site work,such as installation or relocation of utilities. All tasks will be conducted in conformance with the project's mitigation measures,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 CEOA 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. MONITORING ACTIVITIES I . Archaeological monitoring will be supervised by Orange County qualified archaeologist,Judy McKeehan, MA, RPA,who has 29 years of experience in the City of San Juan Capistrano She is the sole authorized archaeologist for Mission San Juan Capistrano,the San Juan Capistrano Historical Society, and the San Juan Capistrano Open Space Foundation, MS McKeehan has past experience throughout the state of , California,the Western United States,-the Mediterranean and Near East. Michael Gastelum and Christopher Granado, both trained and experienced Native American monitors representing the Juanei90 Band of Mission Indians will act as the Native American monitors, Mr. Gastelum has been employed as Native American monitor in support of archaeological projects In San Juan Capistrano for the past 19 years and Mr.Granado for the past 6 years. Mr. Gastelum's family presence in San Juan Capistrano starts in the Pre-Misslon period at the villages of Pituedem (J Serra High), Panhe (San Mateo Creek) and Piwiva (San Antonio Pkwy). At the turn of the century his grandfather was a Mission bell ringer,having learned the arrangements as a child from Acu (Jose de Garcia Cruz), who is recognized as the last full-blooded Juaneno, The bell ringer had great importance in the early days of the town, It was his responsibility to communicate the nature of the news through the specific composition of the ringing of the three bells. Mr. Gastelum continues the family tradition as Mission bell ringer.Through the generations,he can claim relationships to the other long-time local families. Mr. Granado also traces his local Juane*ancestry for at least eight generations within the local pre- Hispanic villages. The archaeological 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: MCKEEHAN ENVIRONMENTAL CONSULTANTS CONTRACT 2 Mcl(eehan Environmental Consultants TASK 1.PRECONSTRUCTION MEETING The archaeologist,if required,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. TASK 2.CULTURAL RESOURCES MONITORING Ms. McKeehan will monitor excavation activities during construction, Monitoring will occur only during initial disturbance of soils by the project,to include activities that result In grading,excavating on or below the original ground surface, and all project-related utility lines, whether on or off-site. In the event of a discovery, the qualified monitor may divert operations to evaluate and mitigate the find through preservation or through documentation, as necessary. In the unlikely event that human remains are encountered,the Ms. McKeehan 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; • 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 3. NATIVE AMERICAN MONITORING Michael Gestelum,a trained and experienced Native American monitor representing the Juanerno Band of Mission Indians,and who has worked with local archaeologists,will act as the Native American monitor for the project. He will monitor excavation activities during construction. Monitoring will occur only during initial disturbance of soils by the project. TASK 4.CULTURAL RESOURCES TECHNICAL REPORT 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 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. The negative final archaeological report will be provided to the City, to the South Central Coastal Information Center(SCLC)at Cal State Fullerton as required by law. 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. MCKEEHAN ENVIRONMENTAL CONSULTANTS CONTRACT 3 McKeehan Environmental Consultants In the event of a significant discovery,evaluation and determination of appropriate treatment services shall be provided on a time and materials basis as approved by the Client.Hourly rates for these services will be dependent upon the nature of the discovery and the types of specialists required.The rates for specialists range from $75 to $110 per hour and $100 per sample analysis. Examples are: lithic typologies, 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 Client and will be charged at a rate of$85 per hour. A complete evaluation and treatment plan may be prepared for approval by the Client before any additional work ensues. COST ESTIMATE The project costs below for construction monitoring are for 10 8-hour days(80 hours)to be conducted during day time,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 at the stated rates 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. Trot Rite H3/5 Amit Tadc1:Atacarstrudionlsketirg • Ardzeotowlitied Manager 1 Otis Tastc2 Ardoedgicat Mxtitarirg Archaeetogcal Mrito• 85.00 100 $850000 Taslc2lttivekrerican Ibbrtitairg IativeArrtricanNbitar 8000 100 $&tflOO Utica(sbgativef3pert Anthaeciajcal Rcpt( tive) $200000 Miaage Included $aoo TravelTime Included Saco Tctal • $1$50x00 16 71*()Fria..- McKeehan Environmental Consultants Judy McKeehan, M.A.,RPA, Principal MCKEEHAN ENVIRONMENTAL CONSULTANTS CONTRACT 4