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HomeMy WebLinkAboutASM Affiliates Inc; 2015-08-04; UTIL1248UTI Ll 248 AGREEMENT FOR ARCHAEOLOGICAL AND NATIVE AMERICAN MONITORING SERVICES ASM AFFILIATES, INC. IS AGREEMENT is made and entered into as of the day of AGREEiyiENI , • 2015, by and between the CARLSBAD MUNICIPAL WAt^^DfeTRICt, a Public Agency organized under the Municipal Water Act of 1911, and a Sub4i*aV District ofthe City of Carlsbad, ("CMWD"), and ASM AFFILIATES, INC., a California corporation, ("Contractor"). RECITALS CMWD requires the professional services of an environmental consultant that is experienced in archaeological monitoring and reporting services. Contractor has the necessary experience in providing these professional services, has submitted a proposal, and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. SCOPE OF WORK CMWD retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of one (1) year from the date first above written. 3. COMPENSATION The total fee payable forthe Services to be performed will be three thousand six hundred seventy one dollars and fifty cents ($3,671.50). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. CMWD reserves the right to withhold a ten percent (10%) retention until CMWD has accepted the work and/or the Services specified in Exhibit "A." 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of CMWD. Contractor will be under the control of CMWD only as to the results to be accomplished. 5. INDEMNIFICATION Contractor agrees to indemnify and hold harmless CMWD and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney's fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense CMWD incurs or makes to or on behalf of an injured employee under the CMWD's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or eariy termination of this Agreement. General Counsel Approved Version 4/2/15 UTIL1248 6. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current Best's Key Rating of not less than "A-:Vir; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non- admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report, in an amount of not less than one million dollars ($1,000,000) each, unless othen/vise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to CMWD by certified mail. CMWD will be named as additional insured on General Liability, which shall provide primary coverage to CMWD. The full limits available to the named insured shall also be available and applicable to CMWD as an additional insured. Contractor will furnish certificates of insurance to CMWD with endorsements to CMWD, prior to CMWD's execution of this Agreement. 7. CONFUCT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carisbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 8. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state, and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 9. TERMINATION CMWD or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. CMWD will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 10. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carisbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for CMWD to terminate this Agreement. 11. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 12. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of CMWD. 13. AMENDMENTS This Agreement may be amended by mutual consent of CMWD and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. General Counsel Approved Version 4/2/15 2 UTI Ll 248 14. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR ASM AFFILIATES, INC., a California corporation CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbajk, By: •'(sigrinere) John R. Cook, President/Secretary (print name/title) PatricK A. Thomas APjubnc Works Director as'authorized by the City Manager By: (sign here) (print name/title) If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a corporation. Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairperson, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer 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: CELIA A. BREWER, General Counsel General Counsel Approved Version 4/2/15 ASM • Exhibit "A" Archaeology • History . Ethnography • Architectural History July 7,2015 Mark Biskup CityofCarlsbad 1635 Faraday Ave. Carlsbad, CA 92008-7314 Re: Proposal to Provide Archaeological and Native American Monitoring for Phase III Project lA, Carlsbad, Califomia Dear Mr. Biskup, ASM Affiliates, Inc. (ASM) is pleased to present this proposal to provide cultural resources monitoring to the City of Carlsbad (City) for compliance with CEQA for the above mentioned project. This proposal includes a scope of work, cost estimate, and the proposed schedule for completion of the work. Please note that the actual schedule for completion of the proposed tasks will be dependent upon the overall construction schedule. All proposed services will be performed on a time and materials basis. This proposal will remain valid for 90 days from today's date. Scope of Work ASM will use in-house records to perform an archaeological records search in order to identify previously recorded sites and previous cultural resource studies documented within the current project area. In addition, we will request a search of the Sacred Lands File (SLF) be performed by the Native American Heritage Commission (NAHC) in order to identify any areas of Native American heritage significance that may be impacted by project development. NAHC will provide a list of individuals who are potentially knowledgeable of such issues and this list will be provided as an appendix to ASM's technical report prepared for the project for use by the City in performing direct consultation with Tribal entities. Due to the expected presence of significant cultural resources within the vicinity of the Project area, archaeological and Native American monitoring is required for all ground disturbance. ASM will provide an archaeological and Native American monitor to be on site during all groimd disturbing activities associated with the project. The monitors will observe construction activities to determine if cultural resources are present below groimd surface. ASM assumes the project will be negative for cultural resources. However, if significant finds are identified during monitoring, the monitor will halt work in the area of the discovery and contact the Principal Investigator. The Principal Investigator will visit the site and consult with the City to determine what action will be taken. Recording of features and evaluation of the significance of cultural deposits will usually take no more than 1-2 days and then earthmoving can resume in those areas. If the site is determined to be eligible for the Califomia Register of Historical Resources, site avoidance or archaeological mitigation (data recovery) will be required. Any services related to site evaluation or mitigation through data recovery will require a contract augment for preparation of a research design, additional fieldwork, artifact analysis, report preparation, and artifact curation as mandated by the City for compliance with CEQA. Corfwrate: 2034 Corte Del Nogal, Carlsbad, CA 92011 • (760) 804-5757 • Fax: (760) 804-5755 Office Locations: Pasadena &Tehachapl, CA • Boise, ID • Reno & Las Vegas, NV • Salt Lake City, UT Stanwood & Spokane, WA • Cheyenne, WY • Hilo, HI www.asmaffiliates.com Mr. Biskup July 7. 2015 2 of 2 Cost Estimate ASM will provide Native American and archaeological monitoring services described in the scope of work above for an estimated cost of $3,671.50. This assumes that a maximum of two (2) days of monitoring will be required. If monitoring efforts result in the identification of cultural resources, a cost adjustment will be necessary to cover charges for site documentation. ASM will provide a draft letter report to you within four (4) weeks ofthe completion of monitoring. ASM will submit a final report five (5) days after receipt of City comment. A breakdown of our cost estimate is available at your request. The following assumptions are included in this estimate: • Not more than 2 days of monitoring will be needed; • We assume 8 hour work days; • An in-house records search will suffice for this project; • No cultural resources will be identified; and, • Documentation or evaluation of any cultural resources identified will be performed under augment. ASM will perfonn the services described above on a time and materials basis. We will not exceed this estimate without your vmtten approval. You will be billed on a monthly basis and invoices will become due and payable within 30 days. Should additional field monitoring services be required past the two days, we can provide this service with your approval for $55/hr for an archaeological monitor, and $75/hr for a Native American monitor. I hope this proposal provides the information you require and meets with your satisfaction. Should you have any questions, please do not hesitate to call me. We appreciate the opportunity to work with you on this project. Respectfully, Mark S. Becker, Ph.D., RPA Principal Investigator