20-0921_MCKEEHAN ENVIRONMENTAL CONSULTANTS_Professional Services AgreementCITY OF SAN JUAN CAPISTRANO
ON-CALL PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as ofSQA- a1 , 20� by and
between the City of San Juan Capistrano ("City"), 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 Stale of California and is in need of professional
services for the following project:
Northwest Open Space Community Park Project CIP 09209 (hereinafter referred to as "the
Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such
services on the Project. Consultant desires to perform and assume responsibility for the provision
of certain professional services required by City on the terms and conditions set forth in this
Agreement and in the task order(s) to be issued pursuant to this Agreement ("Task Order").
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." The services shall be more particularly described in the individual
Task Order issued by the City or its designee. No services shall be performed unless authorized
by a fully executed Task Order in the form attached hereto as Exhibit "C".
Compensation.
a. Consultant shall receive compensation, including authorized
reimbursements, for all services rendered under this Agreement at the rates set forth in the
Schedule of Charges attached hereto as Exhibit "B" and incorporated herein by this reference.
The maximum compensation for services to be provided pursuant to each Task Order shall be
set forth in the relevant Task Order. The total aggregate compensation paid to Consultant under
this Agreement shall not exceed the amount set forth in Section 2(b) below.
b. In no event shall the total amount paid for services rendered by Consultant
under this Agreement and all Task Orders issued hereunder exceed the sum of the City's
approved Capital Improvement Budget. This amount is to cover all printing, traveling 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.
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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 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.
The term of this Agreement shall be from September 21, 2020 to December 31, 2021,
unless earlier terminated as provided herein. Consultant shall complete the services within the
term of this Agreement, and shall meet any other established schedules and deadlines set forth
in each individual Task Order issued by the City. All applicable indemnification provisions of this
Agreement shall remain in effect following the termination of this Agreement.
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 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.
C. Any excused delay in performance shall result in a proportional extension in the
schedule.
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.
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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
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 shall not be unreasonably
withheld. 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 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 an acceptable equivalent as determined by the City in
its reasonable discretion .
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
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(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
(9) Independent Contractors 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 3710 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 reasonable 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 reasonable 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/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 cant' 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
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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.
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 reasonably acceptable to the City and in an amount
indicated hereinand shall be written on a policy form coverage specifically designed to protect
against the negligent acts, errors or omissions of the Consultant. "Covered Professional Services"
as designated in the policy must specifically include work performed under this Agreement.
e. Minimum Policy Limits Reauired
(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) Within the exception of the Professional Liability policy, 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 Reauired
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W 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 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. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as reasonably 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 Gany approval of said insurance by the City, is not
61147.02100132575512.1
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 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 Reauirements. 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 0413 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
reasonably acceptable to City), 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
negligent 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, any Task Order 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. The
Consultant's foregoing indemnity obligation shall not apply to the City's sole negligence or willful
misconduct.
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.
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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, 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
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16. 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.
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. Oroanization
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.
above. This Agreement is limited to and includes only the work included in the Project described
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:
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CITY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Joe Parco, Public Works
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
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 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. 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.
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28. Schedule
Consultant shall perform its services to meet the schedule as expeditiously as is consistent
with the exercise of professional skill and care and the orderly progress of the Project.
29. City's Riaht to Emoloy 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 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. Reserved.
32. Waiver of Consequential Damages
In no event shall either Party have any claim or right against the other Party, whether
in contact, warranty, tort (including negligence), strict liability or otherwise, for any special,
indirect, incidental or consequential damage or any kind or nature, whatsoever, such as but
not limited to loss of revenue, loss of profits on revenue, loss of customers, or contracts, loss
of uses of equipment or loss of data, work interruption, increased cost of work or cost of any
financing, howsoever caused, even if the same were reasonably foreseeable.
[SIGNATURES ON FOLLOWING PAGE)
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61147.021 00\32575512.1
SIGNATURE PAGE FOR ON-CALL PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND MCKEEHAN ENVIRONMENTAL CONSULTANTS
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN JUAN CAPISTRANO MCKEEHAN ENVIRONMENTAL CONSULTANTS
By. ' By:
l% n%
ity Manager Its: Owner
ATTES
APPROVED AS TO FORM:
By
CiV Attorney
nted Name: Judy McKeehan
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EXHIBIT A
Scope of Services
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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.
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McKeehan Environmental Consultants EXHIBIT "A"
r
Judy McKeehan, MA, RPA
-Archaeology
252 Calle Cuervo
t`
San Clemente, CA 92672
-Paleontology
949.573.3308
-Environmental Compliance
jdmckeehan@sbcglobal.net
McKeehan Environmental Consultants
Proposal for Archaeological and Native American Monitoring Services — CIP
09209
PERSONNEL
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
experience throughout the state of California, the Western United States, the Mediterranean
and Near East.
Ms. McKeehan will be assisted in archaeological monitoring activities during construction by
Ms. Enadina Lopez, MA, who has current monitoring experience in San Juan Capistrano for the
Capistrano Brewery, Verdugo Beautifcation, the Capistrano Plaza, and the Inn at the Mission
Utilities Undergrounding Projects and Celeste LeSuer, MA who has recent experience at RMV
Riding Park, Eastern Irrigation Water System Project, The Rancho Mission Viejo Riding Park
Utilities Pipelines, the Recycling Conservation, and the Eastern Irrigation Water System
Projects. Cross -trained archaeologist and paleontologist is David Alexander who has worked
on numerous City projects for the past 10 years.
Michael Gastelum and Christopher Granado, both trained and experienced Native American
monitors representing the Juaneno 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. Both have worked on City projects including: Verdugo Street Beautification
Project, Eastern Irrigation Water System Project, Recycling Conservation Project, The Storm
Drain Improvement Plan, 15/Ortega Highway Interchange Storm Water Treatment Project,
Camino Capistrano Off Ramp Catch Basins Storm Sewer Replacement, RMV Riding Park, and
Water and Sanitary Sewer Pipelines Project.
Mr. Granado traces his local Juanano ancestry for at least eight generations within the local
pre -Hispanic villages.
Mr. Gastelum's family presence in San Juan Capistrano starts in the Pre -Mission period at the
villages of Pltuedem (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
MCKEEHAN ENVIRONMENTAL CONSULTANTS CONTRACT 1
McKeehan Environmental Consultants
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.
The archaeological, paleontological and Native American monitors will always be required to
follow all written and verbal safety instructions from the construction contractor. The monitors
will work closely with the City and its contractor to avoid imminent destruction of potentially
significant resources, if necessary.
Project Personnel and Project Time
Resumes of proposed staff are attached.
DESCRIPTION OF PROJECT
The Project is located on City owned property at the Northwest Open Space located at the
northerly entry into the City of San Juan Capistrano and includes, but is not, limited to a parking
lot and park amenities.
The approximately 2.75 -acre park features a Native American cultural/demonstration village with
kiichas, ramadas, manoslmetates, circular amphitheater, a Coronne statue, directional markers,
interpretive signage and ethnobotanical planting. Other park amenities include a multi -use trail
and bio-swales; and implementation of Best Management Practices (BMP) for storm water.
RECENT PROJECTS
• Archaeological and Native American monitoring services are anticipated to be needed during
the early stages of construction associated with earthwork and earth -disturbing activities such
as clearing and grubbing, soil remediation, site excavation & grading, fooling excavations,
MCKEEHAN ENVIRONMENTAL CONSULTANTS CONTRACT 2
McKeehan Environmental Consultants
street widening, utility trenching, Archaeological and Native American Monitoring Services for
Verdugo Street Beautification Project, CIP 14106
• Archeological and Native American Monitoring Services for the Biofiltration Project at Camino
Capistrano at 15 Storm Water Treatment Project (CIP 12502) and at Del Obispo Street (CIP
16502); 2018; Mr. Paul Meshkin, P.E., Senior Civil Engineer; 949.443.6350
• ArcheologicaUPaleontologicaUNative American Monitoring Services for The Rancho Mission
Viejo Riding Park, Utilities Pipelines (CIP 17201); 2017; Michael Marquis, P.E., Associate
Civil Engineer; 949.493.6326
• Recycling Conservation Project Archaeological, Paleontological, and Native American
Monitoring CIP166012018; Michael Marquis, P.E., Associate Civil Engineer; 949.493.6326
• Eastern Irrigation Water System Project, CIP 17808: Environmental Monitoring Services
2018; Michael Marquis, P.E., Associate Civil Engineer; 2018949.493.6326
• Archaeological and Native American Monitoring Services for Verdugo Street Beautification
Project, CIP 14106
etc.
PROJECT UNDERSTANDING
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, Ms. McKeehan shall
contact the Orange County Coroner, the Native American Heritage Commission and the most
likely descendent.
Responsibilities 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.
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
MCKEEHAN ENVIRONMENTAL CONSULTANTS CONTRACT 3
McKeehan Environmental Consultants
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 (SCIC) 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.
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.
Sample analysis may also be required. 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. A complete evaluation and treatment
plan may be prepared for approval by the Client before any additional work ensues.
COST ESTIMATE
The project costs attached are 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 Y2 times the stated hourly rate.
REFERENCES
Michael Marquis, P.E,
Associate Civil Engineer
City of San Juan Capistrano
MCKEEHAN ENVIRONMENTAL CONSULTANTS CONTRACT 4
Paul Meshkin, P.E.
Public Works Department
Senior Civil Engineer
McKeehan Environmental Consultants
Judy McKeehan, RPA
•Archaeology 252 Callea Cu Cuervo
San Clemente, CA 92672
-Paleontology 949.573.3308
-Environmental Compliance idmckeehan@sbcglobal.net
MCKEENAN ENVIRONMENTAL CONSULTANTS CONTRACT 5
McKeehan Environmental Consultants
Archaeology
Paleontology
Environmental Compliance
Judy McKeehan, MA, RPA
252 Calle Cuervo
San Clemente, CA 92672
949.573.3308
jdmckeehan@sbcglobal.net
MCKEEHAN ENVIRONMENTAL CONSULTANTS
STATEMENT OF QUALIFICATIONS FOR
PROFESSIONAL ARCHAEOLOGICAL AND PALEONTOLOGICAL CONSULTING
SERVICES
FOR THE CITY OF SAN JUAN CAPISTRANO
Discussion
McKeehan Environmental Consultants has 30 years of experience performing archaeological,
paleontological and Native American consulting services for and in the City of San Juan
Capistrano. We have provided numerous field monitoring and excavation services for prehistoric
resources, historic resources and paleontology, as well as follow-up reports for the City, County
and State as prescribed under CEQA and the City Council Policy 601.
Our company has an established reputation for quality, integrity and ethical standards, in
addition to our vast and detailed knowledge of the history and prehistory of the San Juan
Capistrano area.
We are known for being very responsive to our clients' requirements and for providing timely
proposals and requests for work, sometimes within one hours notice in case of emergencies.
We have a 100% track record with the City's project managers for performing work on time and
within budget while providing expertise, integrity and good judgement. Our company is up-to-
date with all requirements of the City Professional Services Agreement. McKeehan
Environmental Consultants has for the past 11 years maintained, and will continue to maintain
all books, documents, papers, employee time sheets, accounting records/ledgers and other
evidence pertaining to costs incurred. These materials will be available during the contact period
and for at least three years from the date of final payment. Copies will be available to the City.
The Project Manager for all services performed will be Judy McKeehan, MA, RPA, Orange
County qualified archeologist, who has 30 years of experience in the City of San Juan
Capistrano, the Stale of California, the Western United States, the Mediterranean and Near
East. Ms. McKeehan has managed projects for federal and state agencies (Navy, BLM, FERC,
CPUC, State Lands, CECJ, utility companies, pipeline and transportation agencies, the
Counties of Orange and Los Angeles, as well as the City of San Juan Capistrano and other
projects within the City. She has been the sole authorized archaeologist for Mission San Juan
McKeehan Environmental Consultants, Statement of Qualifications, The City of San Juan Capistrano
Capistrano for 13 years, for the San Juan Capistrano Historical Society, and for the San Juan
Capistrano Open Space Foundation.
All work will be performed from the office in San Clemente. Resumes of proposed staff are
attached. Archaeologists are Judy McKeehan, Enadina Lopez and Celeste LeSuer. Cross -
trained archaeologist and paleontologist is David Alexander. Native American monitors are
Michael Gastelum and Christopher Granado.
We have a successful history of working with all Juaneno groups and individuals, and
performing burials and reburials. Only local Juaneno (Acjachemen) Native Americans are
subcontracted through our company.
All staff are part-time, based on project need. Commitment is made to staffing for each project
proposal, and needed staffing has always been met.
Applicable Experience
City of San Juan Capistrano:
On-going or recent archaeological, paleontological and Native American projects within the City
of San Juan Capistrano for Public Works and Utilities, Engineering, Capital Improvements,
Operations and Management, Traffic, Parks and Trails include:
• Verdugo Street Beautification Project, CIP 14106
• Eastern Irrigation Water System Project, CIP 17808
• Recycling Conservation Project CIP 16601
• The Storm Drain Improvement Plan, 15/Ortega Highway Interchange Storm Water
Treatment Project, CIP 16502 and CIP 12502
• Camino Capistrano Off Ramp Catch Basins Storm Sewer Replacement, CIP 12502
• The RMV Riding Park at San Juan Capistrano Water and Sanitary Sewer Pipelines
Project, Archaeological/Paleontological/Native American Monitoring Services, CIP 17201
• Northwest Space Phase 1 Sewer Project
• Swanner House Sewer Replacement
• Blas Aguilar Adobe Grounds Restoration
• Verdugo Street Geo -testing
• Installation of Playgrounds in City Parks
• Ortega Parking Lot
• Capistrano Villas Pavement Rehabilitation Project, CIP 18101
• Congdon House ADA and landscape modifications
• Ramos St. Parking Structure Modifications
• Wildermuth Boring Program for San Juan Creek in Support of Geologic Analysis
-2-
McKeehan Environmental Consultants, Statement of Qualifications, The City of San Juan Capistrano
• Pump House at 30291 Camino Capistrano Monitoring Project
• Barn Site on Camino Capistrano Monitoring Project
• North Adelanto Utilities Undergrounding Monitoring Project
• EI Homo, Old Fire station Water Utility Installation
• EI Matanza Playground Installation
• EI Camino and Ajachamen Bus Stop Installation
• Harrison House Water Department Maintenance Project
• Bias Aguilar Adobe Emergency Sewer Project
• SDGENerizon Communications on Camino Real and Acjachemen Street
• Installation of Fencing on Los Rios and Camino Capistrano
Mission San Juan Capistrano:
We have been the Mission's only qualified archaeological and Native American company since
2008. Some of our recently discovered and restored objects from the Mission have been on
display at the Mission Museum and at the Discovery Center in Santa Ana.
• Gate House Restoration Project
• New Main Entrance Construction Project
• Serra Chapel Restoration Project
• Serra ADA Installation/Restoration Project
• Serra Gate and Sacred Garden Drainage Project
• Mission School Playhouse and Basketball Court Installation
• West Gate Retaining Wall
• Mission Central Courtyard Lighting
• Mission Bell Installation
• Group Entrance Construction Project
• Rectory Garden — Removal of Fireplace and Outdoor Kitchen
• Peregrine Chapel — Report on Installation of Drainage Facilities
• West Wing Air Conditioning Installation
• Maintenance Area Concrete Pad
• Underground Pump for Facilities Water
• Basilica Restrooms Addition and Sewer Replacement
• Basilica Food Pantry ramp construction
• Basilica tree landscape project
• Basilica T -Mobile cell broadcast installation
• Verizon cell broadcast installation
• Basilica school gym updates
• Numerous Miscellaneous Utility Repairs and Updates
-3-
McKeehan Environmental Consultants, Statement of Qualifications, The City of San Juan Capistrano
Public and Private Projects in San Juan Capistrano
Significant discoveries involving the 1794 building of the Mission were excavated, documented
and partially preserved while monitoring for the Inn at the Mission. Silvas Adobe excavations
indicate remnants may predate the extant 1794 adobe Prehistoric shell beads were found
beneath the foundation of this earlier wall.
• Capistrano Brewery/Heritage Barbeque Project, Frontier REI
• Restoration of Capistrano Plaza Buildings at Verdugo and Calle Real, Frontier REI
• Inn at the Mission (Banderas) Hotel Construction Project 2015-2019
• Initial Study for The Oaks Development Project
• The Oaks Development Project Monitoring
• Trevor's By The Tracks Remodel
• The Egan House Restoration
• Silvas Adobe Test Excavations and Adobe Addition Discovery Preservation
• Undergrounding Utilities at EI Camino Real and Spring Streets
• Northwest Space Joe Cortese Dog Park
• Reata Park and Event Center, CIP 12201, San Juan Capistrano Open Space
Foundation and Separate Maintenance Program Monitoring
• Swanner House Sewer and Septic System
• Ecology Center Grounds Restoration
• Ecology Center Electric Car Modifications
• Habitat for Humanity Construction Monitoring
• Troubleman's Cottage Deck Construction
• Shea Equestrian Center Project on Calle Rolando
• Ortega/1-5 Ethnography Project — Project Manager
• T -Mobile Cell Broadcast Installation
• Verizon Cell Broadcast Installation
• ATT Tie-in on Camino Capistrano for VCI Communications
• Griffin House Addition, Residential
• Avex Builders, Residential
• Kisling Construction, Residential
• Prima Deschecha Landfill, Project Manager, Archaeological and Paleontological
Monitoring Contract For 10 Years.
-4-
McKeehan Environmental Consultants, Statement of Qualifications, The City of San Juan Capistrano
References
David Contreras
Senior Planner
City of San Juan Capistrano
949.443.6320
Michael Marquis, P.E,
Associate Civil Engineer
City of San Juan Capistrano
949.443.6323
-5-
Paul Meshkin, P.E.
Senior Civil Engineer
Public Works Department
City of San Juan Capistrano
949.443.6350
Mechelle Lawrence -Adams
Executive Director
Mission San Juan Capistrano
949.234.1311
EXHIBIT B
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Archaeology and Nal American Monitoring
McKeehan Envlronmental Consultants
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