HomeMy WebLinkAbout1999-06-01; City Council; Resolution 99-198).
1
2
3
4
0 0
RESOLUTION NO. 99-198
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH
RECON ENVIRONMENTAL, INC., FOR CONSTRUCTION
MONITORING FOR FARADAY AVENUE, PROJECT NO. 3593.
5 WHEREAS, the City Council of the City of Carlsbad, California, has determi
6
Environmental, Inc., (RECON) for construction monitoring for Faraday Avenue; and 7
it necessary and in the public interest to approve and accept an agreement with REC
8 WHEREAS, the Engineering Department requested Statements of Qualification:
9
10
provide biological, archaeological and paleontological monitoring from fourteen private f
responses from three firms; and 11
interested in providing monitoring services for Faraday Avenue, Project No. 3593, and recei
12 WHEREAS, after review of the proposals, staff is recommending RECON as the n
13
14
qualified firm for performing biological, archaeological, and paleontological monitoring
project; and 15
perform data recovery, if necessary, based on their experience and expertise on similar type
16
WHEREAS, funds have been previously appropriated for Faraday Avenue and there 17
WHEREAS, total project cost estimated for the monitoring is $74,884; and
18 sufficient funds available for this project; and
19 WHEREAS, the Mayor is hereby authorized to execute the proposed agreement
2o construction monitoring for Faraday Avenue with RECON.
21
California, as follows: 22
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlst
23 1. That the above recitations are true and correct.
24
25
26
27
28
Ill
Ill
Ill
Ill
Ill
’ II 0 0
1 2. That the agreement with RECON for construction monitoring for Faraday Aver
2
3
a copy of which is attached as Exhibit 3, is hereby approved.
4 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Cot
5 held on the 1st day of June , 1999 by the following vote, to wit:
6 AYES: Council Members Lewis, Hall, Finnila, Nygaard, Kulchin
7
8
9
10
11
ATTEST:
12
13 O& &. Q-
14
ALFTHA L. RAUTENKRANZ, City Clerk
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(SEAL)
0 0 s
AGREEMENT FOR CONSTRUCTION MONITORING
FOR FARADAY AVENUE
PROJECT NO. 3593
THIS AGREEMENT is made and entered into as of the 1st day of
June , 1999, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as "City", and RECON ENVIRONMENTAL, INC.,
(RECON), a California corporation, hereinafter referred to as "Contractor."
RECITALS
City requires the services of a biological and environmental Contractor to provide
the necessary construction monitoring services for preparation of reports of permit
compliance and any required data recovery; and Contractor possesses the necessary
skills and qualifications to provide the services required by the City;
NOW, THEREFOREl in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
I. CONTRACTORS OBLIGATIONS
The Contractor shall perform the requirements as detailed in the Scope of Work
attached hereto and labeled Exhibit "A" and incorporated herein.
2. CITY OBLIGATIONS
The City shall provide the Contractor with two (2) copies of the plans, permits,
. specifications and related studies for Faraday Avenue.
rev. 2/26/99 -1 -
0 0
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (IO) days after receipt of
notification to proceed by the City and be completed within two (2) years of that date.
Extensions of time may be granted if requested by the Contractor and agreed to in
writing by the City Manager. The City will give allowance for documented and
substantiated unforeseeable and unavoidable delays not caused by a lack of foresight
on the part of the Contractor, or delays caused by City inaction or other agencies' lack
of timely action.
4. FEES TO BE PAID TO CONTRACTOR
The total fee payable for the services to be performed shall be $74,884. No other
compensation for services will be allowed except those items covered by supplemental
agreements per Paragraph 8, "Changes in Work." The City reserves the right to
withhold a ten percent (10%) retention until the project has been accepted by the City.
Incremental payments, if applicable, should be made as outlined in attached
Exhibit "A."
5. DURATION OF CONTRACT
This agreement shall extend for a period of two (2) years from date thereof. The
contract may be extended by the City Manager for two (2) additional one (I) year
periods or parts thereof, based upon a review of satisfactory performance and the City's
needs. The parties shall prepare extensions in writing indicating effective date and
length of the extended contract.
rev. 2/26/99 -2 -
0 m
6. PAYMENT OF FEES
Payment of approved items on the invoice shall be mailed to the Contractor
within 30 days of receipt of the invoice.
7. FINAL SUBMISSIONS
Submissions shall be made per Exhibit "A".
8. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor or the
City, and informal consultations with the other party indicate that a change in the
conditions of the contract is warranted, the Contractor or the City may request a change
in contract. Such changes shall be processed by the City in the following manner: A
letter outlining the required changes shall be forwarded to the City by Contractor to
inform them of the proposed changes along with a statement of estimated changes in
charges or time schedule. A Standard Amendment to Agreement shall be prepared by
the City and approved by the City according to the procedures described in Carlsbad
Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render
ineffective or invalidate unaffected portions of the agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained any
company or person, other than a bona fide employee working for the Contractor, to
solicit'or secure this agreement, and that Contractor has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting
from, the award or making of this agreement. For breach or violation of this warranty,
rev. 2/26/99 -3 -
0 0
the City shall have the right to annul this agreement without liability, or, in its discretion,
to deduct from the agreement price or consideration, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee.
IO. NONDISCRIMINATION CLAUSE
The Contractor shall comply with the state and federal laws regarding
nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Contractor's failure to prosecute, deliver, or perform the work
as provided for in this contract, the City Manager may terminate this contract for
nonperformance by notifying the Contractor by certified mail of the termination of the.
Contractor. The Contractor, thereupon, has five (5) working days to deliver said
documents owned by the City and all work in progress to the City. The City shall make
a determination of fact based upon the documents delivered to City of the percentage
of work which the Contractor has performed which is usable and of worth to the City in
having the contract completed. Based upon that finding as reported to the City
Manager, the Manager shall determine the final payment of the contract.
This agreement may be terminated by either party upon tendering thirty (30)
days written notice to the other party. In the event of such suspension or termination,
upon request of the City, the Contractor shall assemble the work product and put same
in order for proper filing and closing and deliver said product to City. In the event 01
termination, the Contractor shall be paid for work performed to the termination date;
rev. 2/26/9S -4 -
0 0
however, the total shall not exceed the lump sum fee payable under paragraph 4. The
City Manager shall make the final determination as to the portions of tasks completed
and the compensation to be made.
12. CLAIMS AND LAWSUITS
The Contractor agrees that any contract claim submitted to the City must be
asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation. The Contractor acknowledges
that if a false claim is submitted to the City, it may be considered fraud and the
Contractor may be subject to criminal prosecution. The Contractor acknowledges that
California Government Code sections 12650 et sea., the False Claims Act, provides for
civil penalties where a person knowingly submits a false claim to a public entity. These
provisions include false claims made with deliberate ignorance of the false information
or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks
to recover penalties pursuant to the False Claims Act, it is entitled to recover its
litigation costs, including attorney's fees. The Contractor acknowledges that the filing of
a false claim may subject the Contractor to an administrative debarment proceeding
wherein the Contractor may be prevented to act as a Contractor on any public work or
improvement for a period of up to five years. The Contractor acknowledges debarment
by another jurisdiction is qr unds for the City of Carlsbad to disqualify the Contractor
from the selection process. e (Initial)
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026,
(*ai)
3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
rev. 2/26/99 -5 -
0 0
13. JURISDICTION
The Contractor agrees and hereby stipulates that the proper venue and
jurisdiction for resolution of any disputes between tWe parties arising out of this
agreement is San Diego County, California.
14. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor's own
way as an independent Contractor and in pursuit of Contractor's independent calling,
and not as an employee of the City. Contractor shall be under control of the City only
as to the result to be accomplished, but shall consult with the City as provided for in the
request for proposal. The persons used by the Contractor to provide services under this
agreement shall not be considered employees of the City for any purposes whatsoever.
The Contractor is an independent Contractor of the City. The payment made to
the Contractor pursuant to the contract shall be the full and complete compensation to
which the Contractor is entitled. The City shall not make any federal or state tax
withholdings on behalf of the Contractor or its employees or subcontractors. The City
shall not be required to pay any workers' compensation insurance or unemployment
contributions on behalf of the Contractor or its employees or subcontractors. The
Contractor agrees to indemnify the City within 30 days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers'
compensation payment which the City may be required to make on behalf of the
Contractor or any employee or subcontractor of the Contractor for work done under this
agreement or such indemnification amount may be deducted by the City from any
balance owing to the Contractor.
rev. 2/26/99 -6 -
0 0
The Contractor shall be aware of the requirements of the Immigration Reform
and Control Act of 1986 and shall comply with those requirements, including, but not
limited to, verifying the eligibility for employment ’ of all agents, employees,
subcontractors and Consultants that are included in this agreement.
15. CONFORMITY TO LEGAL REQUIREMENTS
The Contractor shall cause all drawings and specifications to conform to all
applicable requirements of law: federal, state and local. Contractor shall provide all
necessary supporting documents, to be filed with any agencies whose approval is
necessary.
The City will provide copies of the approved plans to any other agencies.
16. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications as herein
required are the property of the City, whether the work for which they are made be
executed or not. In the event this contract is terminated, all documents, plans,
specifications, drawings, reports, and studies shall be delivered forthwith to the City.
Contractor shall have the right to make one (I) copy of the plans for its records.
17. REPRODUCTION RIGHTS
The Contractor agrees that all copyrights which arise from creation of the work
pursuant to this contract shall be vested in City and hereby agrees to relinquish all
claims to such copyrights in favor of City.
rev. 2/26/99 -7 -
e 0
18. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the City of Carlsbad and its
officers, officials, employees and volunteers from and 'against all claims, damages,
losses and expenses including attorneys fees arising out of the performance of the
work described herein caused by any willful misconduct, or negligent act, or omission of
the confractor, any subcontractor, anyone directly or indirectly employed by any of them
or anyone for whose acts any of them may be liable.
19. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any monies
due thereunder without the prior written consent of the City.
20. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be performed under this
contract by the Contractor, Contractor shall be fully responsible to the City for the acts
and omissions of Contractor's subcontractor and of the persons either directly or
indirectly employed by the subcontractor, as Contractor is for the acts and omissions of
persons directly employed by Contractor. Nothing contained in this contract shall
create any contractual relationship between any subcontractor of Contractor and the
City. The Contractor shall bind every subcontractor and every subcontractor of a
subcontractor by the terms of this contract applicable to Contractor's work unless
specifically noted to the contrary in the subcontract in question approved in writing by
the City.
rev. 2/26/99 -8 -
0 0
21. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the City to
negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or
approving of this agreement, shall become directly or indirectly interested personally in
this contract or in any part thereof. No officer or employee of the City who is authorized
in such capacity and on behalf of the City to exercise any executive, supervisory, or
similar functions in connection with the performance of this contract shall become
directly or indirectly interested personally in this contract or any part thereof.
22. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the.
City, either before, during or after the execution of this contract, shall affect or modify
any of the terms or obligations herein contained nor entitle the Contractor to any
additional payment whatsoever under the terms of this contract.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 17, "Hold Harmless Agreement," all
terms, conditions, and provisions hereof shall inure to and shall bind each of the parties
hereto, and each of their respective heirs, executors, administrators, successors, and
assigns.
24. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written
above.
rev. 2/26/99 -9 -
e a
25. CONFLICT OF INTEREST
The Contractor shall file a conflict of interest statement with the City Clerk in
accordance with the requirements of the City's conflict 'of interest code incorporating
Fair Political Practices Commission Regulation I8700 as it defines A consultant. The
disclosure category shall be all categories.
26. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract and any
and all amendments insurance against claims for injuries to persons or damage to
property which may arise out of or in connection with performance of the work
hereunder by the Contractor, his agents, representatives, employees or subcontractors.
Said insurance shall be obtained from an insurance carrier admitted and authorized to
do business in the State of California. The insurance carrier is required to have a
current Best's Key Rating of not less than "A-:V" and shall meet the City's policy for
insurance as stated in Resolution No. 91-403.
A. Coveraaes and Limits.
Contractor shall maintain the types of coverages and minimum limits
indicated herein, unless a lower amount is approved by the City Attorney or City
Manager:
1. Comprehensive General Liability Insurance. $1,000,000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits shall apply
separately to the work under this contract or the general aggregate shall be twice the
required per occurrence limit.
rev. 2/26/99 -10 -
0 0
2. Automobile Liability (if the use of an automobile is involved for
Contractor's work for the City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
3. Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the Labor Code of the State of California and
Employer's Liability limits of $1,000,000 per accident for bodily injury.
4. Professional Liability. Errors and omissions liability appropriate to
the contractor's profession with limits of not less than $1,000,000 per claim. Coverage
shall be maintained for a period of five years following the date of completion of the
work.
B. Additional Provisions.
Contractor shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the following provisions.
1. The City shall be named as an additional insured on all policies
excluding Workers' Compensation and Professional Liability.
2. The Contractor shall furnish certificates of insurance to the City
before commencement of work.
3. The Contractor shall obtain occurrence coverage, excluding
Professional Liability which shall be written as claims-made coverage.
4. This insurance shall be in force during the life of the agreement and
any extension thereof and shall not be canceled without 30 days prior written notice to
the City sent by certified mail.
rev. 2/26/99 -11 -
0 0
5. If the Contractor fails to maintain any of the insurance coverages
required herein, then the City will have the option to declare the Contractor in breach, or
may purchase replacement insurance or pay the premrums that are due on existing
policies in order that the required coverages may be maintained. The Contractor is
responsible for any payments made by the City to obtain or maintain such insurance
and the City may collect the same from the Contractor or deduct the amount paid from
any sums due the Contractor under this agreement.
27. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to receive
written notice on behalf of the City and on behalf of the Contractor in connection with
the foregoing are as follows:
For City:
For Contractor:
Title Associate Engineer
Name Sherri Howard
Address 2075 Las Palmas Drive
Carlsbad, CA 92009-1 576
Title President
Name Charles Bull
Address 4241 Jutland Drive. Suite 701
San Dieso, CA 92117-3653
Architeculicense Number:
ArchiteWLicense Number:
28. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for the
duration of the contract.
-12 - rev. 2/26/99
0 0
29. ENTIRE AGREEMENT
This agreement, together with any other written document referred to or
contemplated herein, embody the entire agreement and understanding between the
parties relating to the subject matter hereof. Neither this agreement nor any provision
hereof may be amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
Executed by Contractor this 18th day of May ,1999 .
CONTRACTOR:
RECON ENVIRONMENTAL, INC. a California corporation
By: &-
By: 2/dd.u, cA ., -d
(sign here)
Charles Bull
President ”--. ATTEST:
(pri me/Me)
(sign here) 8. LL
Diane Pearson ALETHA L. RAUTENKRANZ
Vice President/Secretary City Clerk
(print namehitle)
(Proper notarial acknowledgment of execution by must be attached.
Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s)
signing to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
P. L Asst%& City Attor ey 64 A? 59-
rev. 2/26/99 -13 -
0 e
EXHIBIT "A"
SCOPE OF WORK
Following is the SCOPE OF WORK as presented in the Request for Qualification and Proposal.
1. Attend the Pre-Grade Meetinq
The lead biologist, archaeologist, and paleontologist will review the plans, specifications,
and regulatory agency permits prior to the pre-grade meeting. They will attend the
pre-grade meeting to answer questions, consult with the grading and excavation
contractors, and discuss field procedures and construction schedules with the project
superintendent and excavation contractor. Safety issues will also be addressed. If
multiple monitors are needed in any one discipline, the lead specialist will ensure that the
other monitors are informed of the proposed project schedule.
2. Monitor Endanaered SDecies as Reauired bv the Resource Auencv and City Permits
During the week before brushing within the three areas of native habitat is to begin, the
biology monitor, Markus Spiegelberg, will survey for nests within the direct impact area-
and 250 feet beyond. If an active nest is found, he will notify the City's Project Manager
and the grading contractor so the nest can be avoided until the young birds have fledged
or the nest has failed. If a nest is found, he will monitor it three times per week to
determine its status.
The biology monitor will visit the three areas of habitat at least twice per week while
construction is within 250 feet of coastal California gnatcatcher habitat or if a nest has
been found. If, at any time, multiple biology monitors are needed, Mr. Spiegelberg will
ensure that they are scheduled and at the site. In an emergency, RECON can provide biology monitors with only a one-day notice. Each biology monitor will be familiar with
mitigation requirements, their monitoring tasks, and their reporting requirements. Tasks
will involve monitoring vegetation removal to ensure adjacent habitat is not removed, and
monitoring indirect impacts to sensitive habitats or the coastal California gnatcatcher
adjacent to construction.
A daily log will be kept by the biology monitor, compiled and summarized at the end of
each week during which he monitored, and faxed to the City's Project Manager,
Sherri Howard. Any significant unexpected impacts or complications will be reported
immediately to Ms. Howard. The monitoring biologist will immediately advise the
construction contractor of measures to rectify or mitigate the impact.
When monitoring has been completed, the biologist will prepare a letter report describing
the events and completion of the monitoring.
rev. 2/26/99
-14 -
0 0
3. Perform Paleontoloaical Monitorina as Rewired bv the Permits and Environmental
Documents
The paleontology monitoring program will be managed by Dr. Thomas A. Demere,
Curator of Paleontology and Director of Paleontologjcal Services at the San Diego
Natural History Museum. Fieldwork will be conducted by qualified paleontological monitors as described below. Paleontological monitors will work under the direction of
the managing paleontologist. The following list summarizes the proposed mitigation
approach.
Field monitoring of excavation operations will be conducted to discover unearthed fossil
remains. The scope and pace of excavation generally dictates the scope and pace of
monitoring. Initially, this monitoring will be conducted on a half-time basis and either
increased or decreased depending on findings. Field monitoring generally involves
inspection of ongoing excavation exposures (e.g., sheet graded pads, cut slopes,
roadcuts, basement excavations, and trench sidewalls).
Salvage of unearthed fossil remains typically involves simple excavation of exposed
specimens but possibly also includes plaster-jacketing of large and/or fragile specimens,
more elaborate quarry excavations of richly fossiliferous horizons, or bulk sampling and
screenwash processing of microfossil-rich horizons.
Recovery of stratigraphic and geologic data to provide a context for the recovered fossil-
remains typically includes description of lithologies of fossil-bearing strata, measurement.
and description of the overall stratigraphic section, and photographic documentation of
the geologic setting.
Laboratory preparation (cleaning and repair) of collected fossil remains generally
involved removal of enclosing rock material, stabilization of fragile specimens (using
glues and other hardeners), and repair of broken specimens.
Cataloging and identification of prepared fossil remains typically involves scientific
identification of specimens, inventory of specimens, assignment of catalog numbers, and
entry of data into an inventory database.
A final report will be prepared summarizing the field and laboratory methods used, the
stratigraphic units inspected, the types of fossils recovered, and the significance of the
curated collection.
Professional archival storage of salvaged and curated fossil specimens involves the
transferral of all cataloged fossil remains to the Department of Paleontology where they
are organized in archival quality specimen trays and placed into standard steel specimen
cabinets or oversize shelving for permanent storage. The Museum is uniquely qualified
to provide this critical service and assumes the substantial responsibility to professionally
conserve and store the fossil collections in perpetuity.
rev. 2/26/99
-15 -
0 0
4. Perform Archaeoloqical Monitorina Durina Gradinq Around and Within the Boundarv of CA-SDI-8303
A qualified archaeology monitor will be on-site during all initial brushing and construction
grading in the vicinity and within the recorded limits of this Late Prehistoric
archaeological site. The team will review the documents prepared by Gallegos &
Associates as part of the significance evaluation of this resource and incorporate any recommendations into the monitoring approach. These may include limits of grading or an approach to additional sampling during grading for buried features. RECON is also prepared to coordinate Native American participation for culturally sensitive discovery,
such as burials. The monitors will meet with the grading contractor and operators to determine the schedule for grading in the area of concern. Daily field notes will be taken with photographs and sketches used to supplement the descriptive information. The monitors are equipped with field phones to contact the supervisory archaeologist and City staff in the event of an important discovery. The monitors will divert grading
equipment from an area of important discovery while a determination of recovery or
recording is made in consultation with City staff. Weekly status reports will be submitted to the grading contractor and City of Carlsbad summarizing the week's activities and findings. A final monitoring report will be completed and submitted within three weeks from the completion of field monitoring.
Particularly interesting or unusual artifacts will be available for use in educational displays or as interpretive materials if desired. The remainder of the collection will be packaged and forwarded to the San Diego Archaeological Center for curation;
SCHEDULE
The dates of monitoring for biology, archaeology, and paleontology will be dictated by the
construction schedule. The City intends to begin grading in May 1999. RECON will ensure that
monitors are on-site as needed.
The biologist will survey for coastal California gnatcatcher nests within one week prior to
brushing. If a nest is found, he will notify the City's project manager immediately. He will check
vegetation areas three times per week during all phases of brushing and construction to monitor
coastal California gnatcatchers within 250 feet of any activities. If he notices any unusual behavior by the coastal California gnatcatchers that may be caused by construction noise, he will confer with the City project manager to devise a course of action.
The paleontologist will monitor half-time during the initial grading. Depending on the findings, the amount of time spent monitoring may be increased or decreased. If extensive remains are
found, monitoring hours will be increased, if not found, decreased.
The archaeologist will be on-site during all initial brushing and grading in the vicinity and within
the recorded limits of the archaeological site. If an important discovery is found, the monitoring
archaeologist will immediately contact the supervisory archaeologist and the City project
manager. He will divert grading away from the area until the archaeologist and project manager
determine if the revealed resource should be recovered or recorded.
Reports describing the issues during monitoring and the results of the monitoring will be
submitted to the City within three weeks following the completion of monitoring.
rev. 2/26/99
-16 -
0 e
RECON COST BREAKDOWN
TASK TOTAL COST TOTAL HOURS
MeetingslConsultation
$27,720.00 280 hours Biology
$34,900.00 542 hours Construction Monitoring
$708.00 8 hours Preconstrucfion meeting
$708,.00 8 hours
- Pre-grade survey
$656.00 8 hours - Field notes
$3,696.00 48 hours - Nest monitoring
$1 5,400.00 ~ 200 hours - Monitor 3 times per week
$656.00 8 hours
- Letter report preparation
$1 2,234.00 246 hours Archaeology
$1,312.00 16 hours
- Monitoring
$1,322.00 22 hours - Document preparation
$752.00- 16 hours - Field notes
$1 0,160.00 208 hours
Production 16 hours $946.00
Management 8 hours
$36,316.00 558 hours TASK TOTALS
$708.00 8 hours Scheduling
$708.00
rev. 2/26/99
-47 -
e 0
EXHIBIT .
July 1 , 1998
CURRENT HOURLY RATES
EXPERT WITNESS ............................................................................................ $200.00
PRINCIPAL ......................................................................................................... $125.00
SENIOR ................................................................................................................ $82.00
ASSOCIATE ......................................................................................................... $82.00
ASSISTANT .......................................................................................................... $72.00
RESEARCH ASSISTANT ..................................................................................... $47.00
PRODUCTION SUPERVISOR ............................................................................. $52.00
PRODUCTION SPECIALIST Ill ............................................................................ $41 . 00
PRODUCTION SPECIALIST II ............................................................................. $36.00
PRODUCTION SPECIALIST I .............................................................................. $31 . 00
GRAPHIC ILLUSTRATOR Ill ................................................................................ $46.00
GRAPHIC ILLUSTRATOR II ................................................................................. $41 . 00
GRAPHIC ILLUSTRATOR I .................................................................................. $36.00
SPECIALIST Ill ..................................................................................................... $77.00
SPECIALIST II ...................................................................................................... $67.00
SPECIALIST I ....................................................................................................... $57.00
FIELD TECHNICIAN II .......................................................................................... $50.00
FIELD TECHNICIAN I ........................................................................................... $40.00
TECHNICIAN Ill .................................................................................................... $31 . 00
TECHNICIAN II ..................................................................................................... $26.00
TECHNICIAN 1 ...................................................................................................... $21.00
Unless otherwise agreed upon, RECON shall charge, at cost, for blueprinting and reproduction desired by the client or public agencies, out-of-town transportation and expenses, and telephone calls . An administrative fee of 10% shall be added to all subcontractor's charges .
Personnel rates are in effect from July 1, 1998. through June 30, I999 . Increases occur annually on July 1 .
rev . 2/26/99
-18 -
e *
FARADAY AVENUE - COST PROPOSAL PALEONTOLOGICAL MITIGATION
~~ ~~ ~~
The cost of the mitigation program described above shall not exceed $38,568 for time and materials.
CONSTRUCTION MITIGATION PROGRAM
Field Time - Monitoring $38/hr I person full-time ($304 day x 60) $1 8,240 - Monitoring $38/hr (second monitor as-needed)
1 person part-time $304 day x IO) 3,040 - Salvage $38/hr 1 person as-needed ($304/day x 5) 1,520 - Field Supervision 1 person as-needed ($80/wk x 12) 960 - Screenwashing $38/hr 1 person as-needed ($304/day x IO)
$26,800 Subtotal Field 3,040:
Preparation & Curation - Fossil weoaration $38/hr 1 1 person as-needed ($304/day x 20) - Fossil curation $38/hr $6,080
$2.240 Subtotal Remrf 1,280 1 person full-time ($320/day x 4) - Report preparation $40/hr $960 I 1 person full-time ($480/day x 2)
- Report preparation $60/hr
Final Report Preparation
$7,600 Subtotal Lab 1,520 I person as-needed (304/day x 5)
Project Management - Project management $60/hr $720
, 1 person part-time ($60/wk x 12)
I Mileaae - . - . . - " - - 1 - 3600 miles (60 miles x 60) @ $00.28/mile 1 $1,008
I Sumlies 1 $200 ~~ ~ ~
[ SUBTOTAL 1 $38,568
rev. 2/26/99
-19 -
0 0
ASSUMPTIONS
The above figures are based on an estimated schedule of 60 days of rough grading for the roadway. It is anticipated that some portion of .the grading will involve two equipment spreads and will necessitate a second monitor (estimated here at 10 days). The field time has been broken down into monitoring and salvage. Monitoring involves looking for unearthed fossils, while salvage involves recovery of fossils. Often these two activities coincide. Occasionally, however, a specimen will require a more extended salvage and the assistance of an additional field person (estimated here at 5 days for the general project).
Screenwashing is included as a separate salvage activity as it involves processing of selected sedimentary matrix samples for the recovery of small and sometimes microscopic remains (e.g., small mammal teeth). Assuming that 3 microfossil sites will
be discovered during grading of the general project site and that 2,000 pounds of matrix will be processed from each site at a rate of 600 pounddday, it is estimated that
10 days of screenwashing will be required.
The preparation portion of the proposal is designed to complete the mitigation program. Getting the fossils out of the ground is only the first step. They then have to be removed- from their enclosing rock matrix and stabilized so that they can be placed into a scientific institution for permanent storage and/or display. Previous mitigation projects have shown that, on average, preparation time equals approximately 35% of field time..
Cataloging and storage represent the final phases of mitigation and result in production of a specimen inventory of recovered fossils and permanent storage of the collection at
the Museum.
The uncertainty of fossil salvage should be stressed, since even with careful planning the true significance of a site cannot be known until after the grading is well underway. It is in this spirit of uncertainty that the not-to-exceed figure is proposed. In some cases,
as the cuts open up, it may be determined that full-time monitoring is unwarranted due to a lack of unearthed fossil material. In these instances the monitoring time will be cut back accordingly. Salvage and preparation activities are also tied to fossil productivity (no fossils, no salvage or preparation) and as such, the amount of time spent on these
tasks will vary from project to project.
UNIQUE FIND
In the event that grading activities turn up an exceptionally "rich" fossil discovery (such as a complete mammal skeleton), the above described monitoring and salvage program may have to be supplemented. This would occur if the salvage and preparation of such a unique find would expend more than 10% ($3800) of the proposed budget. As the nature of this contract is straight time and materials, any supplemental billing will be at the same rates as given above.
rev. 2/26/99
-20 -
0 0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Though statute does not require the Notary
fill in the data below. domg so may prc invaluable to persons relying on the docume On 5/1C/99 beforeme, Annette R. Hirt, Notary Public , DATE NAME, TITLE OF OFFICER - E.G.. "JANE DOE, NOTARY PUBLIC" INDIVIDUAL I personally appeared Charles Bull and Diane Pear son D CORPORATE OFFICER(S)
NAME(S) OF SIGNER(S) Pres/Vice ?res
TITLE(S1
Wersonally known to me - H 0 PARTNER@) c] LIMITED
to be the person(s) whose name(s) Ware
the same in "+&their authorized TRUSTEE(S) knowledged to me that b&&e/they executed
n ATToRNEY"N-FACT subscribed to the within instrument and ac-
GENERAL
0 GUARD~AN/CONSERVATOR capacity(ies), and that by W/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WIT ESS my hand and official seal. NAME OF PERSON(S1 OR ENTITY(IES)
c] OTHER:
SIGNER IS REPRESENTING: &#A RECON
SIGNATURE OF NOTARY
OPTIONAL SECTION I THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT Car 1 sbad Proi PC? , - 3 4 q 2
THE DOCUMENT DESCRIBED AT RIGHT:
r\:o
NUMBER OF PAGES 2 2 DATE OF DOCUMENT I Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE carlsbad Officials
01993 NATIONAL NOTARY ASSOCIATION - 8236 Remrnet Ave.. P.O. Box 7184 * Canoga Park, CA