HomeMy WebLinkAboutGallegos & Associates; 2004-05-24;EXHIBIT 5
AGREEMENT FOR CULTURAL RESOURCES DATA
RECOVERY AND INDEXING PROGRAM FOR THE
CARLSBAD CITY GOLF COURSE PROJECT
THIS AGREEMENT is made and entered into as of the J4b day of
, 2004, by and between the CITY OF CARLSBAD, a municipal
"City", and GALLEGOS AND ASSOCIATES, hereafter
"Contractor".
RECITALS
A. City requires the professional services of a cultural resources specialist
that is knowledgeable of the City's Golf Course Project site and experienced in data
recovery and establishment of a resource indexing program.
B. Contractor has the necessary experience in providing professional
services and advice related to the services required by City.
C. Selection of Contractor is expected to achieve the desired results in an
expedited fashion.
D. Contractor has submitted a proposal to City and has affirmed its
willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
I. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", whicli is incorporated by this
reference in accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional
care and skill customarily exercised by reputable members of Contractor's profession
practicing in the Metropolitan Southern California Area, and will use reasonable
diligence and best judgment while exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of two (2) years from the date
first above written. The City Manager may amend the Agreement to extend it for two (2)
additional one (1) year periods or parts thereof in an amount not to exceed twenty-five
thousand dollars ($25,000) per Agreement year. Extensions will be based upon a
satisfactory review of Contractor's performance, City needs, and appropriation of funds
by the City Council. The parties will prepare a written amendment indicating the
effective date and length of the extended Agreement.
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4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term
will be two hundred twenty nine thousand six hundred fifty dollars and forty cents
($229,650.40) for the cultural resource data recovery and indexing program. Contractor
shall also provide, via its own subcontract, Native American Monitoring services with the
San Luis Rey Band of Mission Indians for a cost on a time and materials basis not to
exceed fifteen thousand dollars ($1 5,000). No other compensation for the Services will
be allowed except for items covered by subsequent amendments to this Agreement.
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own wav as an independent
contractor and in pursuit of Contractor's independent calling, and not as an empioyee of
City. Contractor will be under control of City only as to the result to be accomplished,
but will consult with City as necessary. The persons used by Contractor to provide
services under this Agreement will not be considered employees of City for any
purposes.
The payment made to Contractor pursuant to the Agreement will be the full and
complete compensation to which Contractor is entitled. City will not make any federal or
state tax withholdings on behalf of Contractor or its agents, employees or
subcontractors. City will not be required to pay any workers' compensation insurance or
unemployment contributions on behalf of Contractor or its employees or subcontractors.
Contractor agrees to indemnify City within thirty (30) days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers'
compensation payment which City may be required to make on behalf of Contractor or
any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any
balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services, except those described in
Paragraph 5 above, without prior written approval of City. If Contractor subcontracts any
of the Services, Contractor will be fully responsible to 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 Agreement will create any
contractual relationship between any subcontractor of Contractor and City. Contractor
will be responsible for payment of subcontractors. Contractor will bind every
subcontractor and every subcontractor of a subcontractor by the terms of this
Agreement applicable to Contractor's work unless specifically noted to the contrary in
the subcontract and approved in writing by City.
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8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9.
Contractor agrees to indemnify and hold harmless the City and its officers, officials,
IN D E M N I F I CAT IO N
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 in whole or in part by any willful misconduct or negligent act or omission 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 City
incurs or makes to or on behalf of an injured employee under the City'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 early
termination of this Agreement.
IO. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement 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 services by Contractor
or Contractor's agents, representatives, employees or subcontractors. The insurance
will 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-:VI'.
10.1 Coveraqes and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless City Attorney or City Manager approves a lower amount. These minimum
amounts of coverage will not constitute any limitations or cap on Contractor's
indemnification obligations under this Agreement. City, its officers, agents and
employees make no representation that the limits of the insurance specified to be
carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If
Contractor believes that any required insurance coverage is inadequate, Contractor will
obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
10.1.1 Commercial 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 will apply
separately to the work under this Agreement or the general aggregate will be twice the
required per occurrence limit.
10.1.2 Automobile Liability (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
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10.1.3 Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the California Labor Code and Employer's Liability
limits of $1,000,000 per accident for bodily injury. Workers' Compensation and
Employer's Liability insurance will not be required if Contractor has no employees and
provides, to City's satisfaction, a declaration stating this.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance
required under this Agreement contain, or are endorsed to contain, the following
provisions :
10.2.1 The City will be named as an additional insured on General
Liability.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and
any extensions of it and will not be canceled without thirty (30) days prior written notice
to City sent by certified mail pursuant to the Notice provisions of this Agreement.
10.3
of this Agreement, Contractor will furnish certificates of insurance and endorsements to
City.
Providing Certificates of Insurance and Endorsements. Prior to City's execution
10.4 Failure to Maintain Coveraqe. If Contractor fails to maintain any of these
insurance coverages, then City will have the option to declare Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order to maintain the required coverages. Contractor is responsible for any
payments made by City to obtain or maintain insurance and City may collect these
payments from Contractor or deduct the amount paid from any sums due Contractor
under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at anytime,
complete and certified copies of any or all required insurance policies and
endorsements.
1 I. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of
the Agreement, as may be amended from time-to-time.
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12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred
under this Agreement. All records will be clearly identifiable. Contractor will allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of records and any other documents created pursuant to this
Agreement. Contractor will allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors
pursuant to this Agreement is the property of City. In the event this Agreement is
terminated, all work product produced by Contractor or its agents, employees and
subcontractors pursuant to this Agreement will be delivered at once to City. Contractor
will have the right to make one (1) copy of the work product for Contractor’s records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City
and Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of City and on behalf of Contractor under this Agreement.
For City: For Contractor:
Name: John J. Cahill Name: Dennis Gallegos
Title: Municipal Projects Manager
Department: Recreation Address: 5671 Palmer Way, Suite A,
City of Carlsbad Carlsbad, California 92008
Address: 1200 Carlsbad Village Drive, Phone No.: 760-929-0055
Carlsbad, California 92008
Phone No.: 760-602-2726
Title: President
Each party will notify the other immediately of any changes of address that would
require any notice or delivery to be directed to another address.
16. CONFLICT OF INTEREST
City will evaluate Contractor’s duties pursuant to this Agreement to determine whether
disclosure under the Political Reform Act and City’s Conflict of Interest Code is required
of Contractor or any of Contractor’s employees, agents, or subcontractors. Should it be
determined that disclosure is required, Contractor or Contractor‘s affected employees,
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agents, or subcontractors will complete and file with the City Clerk those schedules
specified by City and contained in the Statement of Economic Interests Form 700.
Contractor, for Contractor and on behalf of Contractor’s agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor’s agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the City an affidavit disclosing this interest.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way
affect the performance of the Services by Contractor. Contractor will at all times observe
and comply with these laws, ordinances, and regulations and will be responsible for the
compliance of Contractor’s services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act
of 1986 and will comply with those requirements, including, but not limited to, verifying
the eligibility for employment of all agents, employees, subcontractors and consultants
that the services required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting d iscri m i n a t io n and harass men t .
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following
procedure will be used to resolve any questions of fact or interpretation not otherwise
settled by agreement between the parties. Representatives of Contractor or City will
reduce such questions, and their respective views, to writing. A copy of such
documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative
receiving the letter will reply to the letter along with a recommended method of
resolution within ten (IO) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City
Manager. The City Manager will consider the facts and solutions recommended by each
party and may then opt to direct a solution to the problem. In such cases, the action of
the City Manager will be binding upon the parties involved, although nothing in this
procedure will prohibit the parties from seeking remedies available to them at law.
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20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services,
City may terminate this Agreement for nonperformance by notifying Contractor by
certified mail of the termination. If City decides to abandon or indefinitely postpone the
work or services contemplated by this Agreement, City may terminate this Agreement
upon written notice to Contractor. Upon notification of termination, Contractor has five
(5) business days to deliver any documents owned by City and all work in progress to
City address contained in this Agreement. City will make a determination of fact based
upon the work product delivered to City and of the percentage of work that Contractor
has performed which is usable and of worth to City in having the Agreement completed.
Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may
terminate this Agreement. In this event and upon request of City, Contractor will
assemble the work product and put it in order for proper filing and closing and deliver it
to City. Contractor will be paid for work performed to the termination date; however, the
total will not exceed the lump sum fee payable under this Agreement. City will make the
final determination as to the portions of tasks completed and the compensation to be
made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or
person, other than a bona fide employee working for 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, City will 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 the fee, commission,
percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to
City must be asserted as part of the Agreement process as set forth in this Agreement
and not in anticipation of litigation or in conjunction with litigation. Contractor
acknowledges that if a false claim is submitted to City, it may be considered fraud and
Contractor may be subject to criminal prosecution. Contractor acknowledges that
California Government Code sections 12650 et seq., the False Claims Act applies to
this Agreement and, 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 City seeks to recover penalties pursuant to the False Claims Act, it is
entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges
that the filing of a false claim may subject Contractor to an administrative debarment
proceeding as the result of which Contractor may be prevented to act as a Contractor
on any public work or improvement for a period of up to five (5) years. Contractor
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acknowledges debarment by another jurisdiction is grounds for City to terminate this
Agreement.
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of
enforcing a right or rights provided for by this Agreement will be tried in a court of
competent jurisdiction in the County of San Diego, State of California, and the parties
waive all provisions of law providing for a change of venue in these proceedings to any
other cou nty .
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement or any part of it nor
any monies due or to become due under it may be assigned by Contractor without the
prior consent of City, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated
by it, along with the purchase order for this Agreement and its provisions, embody the
entire Agreement and understanding between the parties relating to the subject matter
of it. In case of conflict, the terms of the Agreement supersede the purchase order.
Neither this Agreement nor any of its provisions may be amended, modified, waived or
discharged except in a writing signed by both parties.
26. 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
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If required by City, 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.
Chairman,
President, or
Vice- P res id e n t
**Group B.
Secreta ry ,
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:
RONALD R. BALL, City Attorney -
By: - Deputy C i t yYAt t o r n e y
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
} SS.
State of California
Countyof Sfir~ 6-0
LE \Tblf!n+ Name and Title of Officer (e g , '"Ja'ne Doe, Notary Publlc") , before me,
Date
s, personally appeared &"/S h&2+#) &.iim5V.I
Name@) 07 Signer(s) .
c
0 personally known to me
evidence @&/FORNlA 2)&(4E#$
to be the person(s) whose name(s) islare
subscribed to the within instrument and
acknowledged to me that Iwd&e/they executed
the same in b;r/their authorized
capacity(ies), and that by -kis(ker/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
pro,ved to me on the basis of satisfactory
Lee@ 5 e 5
WITNESS my hand and official seal. -
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer -. ~
Signer's Name:
0 Individual nop of thumb here I 0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: -
0 1997 National Notary Association * 9350 De Soto Ave.. P.O. Box 2402 * Chatsworth. CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
5671 Palmer Way, Suite A
Carlsbad, California 92008
emnil: gallegos@aol.com
(760) 929-0055
I GIA L L E G o s
& Associates EXHIBIT A
04-300-096
January 25,2004
h4r. John Cahill
City of Carlsbad
1250 Carlsbad Village Drive
Carlsbad, CA 92008-1 997
Re:
Indexing Program for the Carlsbad Golf Course Scope of Work and Cost Estimate for Cultural Resource Data Recovery and
Dear John:
As per your request, I have enclosed a scope of work and cost estimate to complete the
cultural resource work for the Carlsbad Golf Course. This work includes mitigation of
impacts as a result of the construction of the Carlsbad Golf Course through the
completion of a data recovery program at CA-SDI-8694 and site indexing for prehistoric
sites CA-SDI-8303 and CA-SDI-8797. The data recovery program will include:
preparing a data recovery plan for review and approval by the City; excavation of a 2 to 5
percent sample; artifact analysis; special studies; and a report of finding. Indexing will
include: the excavation of six 1x1-m units at CA-SDI-8303 and CA-SDI-8797; data
analysis; and, a report of finding. After completion of the indexing program, sites CA-
SDI-8303 and CA-SDI-8797 will be capped and avoided of direct and indirect impacts.
The fixed-fee cost to complete this work is $229,650.40 (as based on 2004 schedule of
fees). The time-and-materials cost for the Native American Monitor is estimated to not
exceed $15,000.00 (500 hours @ $30.00). The Native American Monitor can be
contracted through the City or through Gallegos & Associates.
The data recovery plan will be submitted within two weeks of authorization to proceed,
with fieldwork beginning in February. It is anticipated that the fieldwork for the data
recovery and indexing program will necessitate approximately 12 to 16 weeks to
complete. Artifact analysis, special studies and a letter report of finding will be
completed withln approximately eight weeks from completion of all fieldwork. Please
call me should you have questions or cornrnenls, or need additional information.
Best regards,
President
Enclosure
65
GALLEGOS & ASSOCIATES
SCOPE OF WORK AND FIXED-FEE COST ESTIMATE
FOR MITIGATION OF JMPACTS THROUGH DATA RECOVERY FOR
CA-SDI- 8694, AND INDEX SAMPLING FOR CA-SDI-8303 AND CA-SDI-8797
JANUARY 23,2004
INTRODUCTION
This scope of work and cost estimate includes completion of a Data RecoveIy Program
for prehistoric site CA-SDI-8694 and index sampling for CA-SDI-8303 and CA-SDI-
8797 located in the City of Carlsbad. The Data Recovery Program will follow City of
Carlsbad and California Environmental Quality Act (CEQA) guidelines. For site CA-
SDI-8694, this work includes a 2 to 5 percent sample excavation employing a Phase I
random sample using 1x1 m units, followed by Phase I1 focused excavation and Phase III
backhoe trenching to expose and document features identified during Phase I. A Data
Recovery Plan (Plan) will be prepared to identify research questions and provide field
methods for the Data Recover Program. The Plan will be submitted to the City of
Carlsbad for review and approval prior to starting fieldwork. Sites CA-SDI-8303 and
CA-SDI-8797 are identified for avoidance of construction impacts through project design
and capping. Prior to capping, an index sample using a total of six 1x1-m units per site
will be excavated to better understand site content and complexity. Significant sites CA-
SDI-14563 and 14565 are also within the proposed golf course project area, but will be
avoided of development impacts through design.
METHODS
Field methods will include the following:
1. Review of Previous Work and Development of the Data Recovery Plan
A. Prior to starting fieldwork, previous work will be reviewed and a Data
Recovery Plan will be provided to the City of Carlsbad. This Plan will
identify sample methods, research goals, field and laboratory methods,
special studies and reporting procedures.
2. Subsurface Assessment
A. Phases I, 11, and 111 will include a 2 to 5 percent excavation using 1x1
meter random sample units, feature units, block exposures, and backhoe
trenching .
1. Phase I sample units will be randomly selected. Subsequent unit
placement (Phase 11) will be determined on the basis of Phase I
results and the presence of prehistoric features.
2. Features (i.e., fire hearths, shellfish lenses, clusters of artifacts)
will be excavated as a cultural unit.
3. Units will be excavated in 10 centimeter levels to sterile.
Sterile is defined as bedrock or one level with no cultural material
present. If two consecutive levels record a significant drop-off in
cultural materials with the presence of cultural material explained
in terms of natural processes, then that is defined as sterile.
4.
5.
6.
3. Site Mapping
A11 soil will be screened through 1/8-Inch mesh hardware cloth,
Column samples will be taken from selected units for flotation
and microfaunal analysis.
Backhoe excavation may be necessary to identify features and
for the purpose of completing a pregrade prior to construction
grading.
A. A site map will be prepared for each site showing location of 1x1 rn
units, surface artifacts, as well as, significant landform andor landmarks
and site disturbance.
A. All artifacts and ecofacts will be sorted and catalogued,
B. Selected ancillary studies (].e. Carbon-14 dates from collected shell
andor charcoal, obsidian source identification and hydration rim
measurements, faunal analysis, and shell analysis) will be conducted
as appropriate.
C. Present all results in a report of finding as per City of Carlsbad,
CEQA and State Guidelines.
4. Artifact Analysis and Report Preparation
Overall, a minimum two to five percent site sample will be excavated using manual lxl-
m units and mechanical methods. The Data Recovery Program will address research
questions concerning chronology, subsistence, site type and settlement pattern, trade and
travel, and stone tool technology. In addition to manual excavation and prior to mass
grading, a backhoe will be used to locate features (i.e. hearths, cairns, burials, or
cremations) for manual excavation and recording. Special studies will depend on field
rcsults and may include radiocarbon dating, obsidian sourcing, blood and phytolith
residue analysis, pottery analysis, microfauna analysis, faunal analysis, and lithic
analysis.
SCHEDULE
Fieldwork will be completed in approximately three to four months from authorization to
proceed. Cataloguing and analysis, special studies and a letter report of finding will be
submitted to the client in approximately eight weeks from completion of all fieldwork.
The final report will be Submitted within four to six months from completion of all
fieldwork. This schedule does not include agency review time or agency meetings or
meetings with Native Americans. Also, this schedule may need to be revised should
inclement weather (i.e. rain), or burials and/or cremations are encountered. Data
recovcry is a long lead item and work should be initiated a minimum of six months prior
to scheduled development.
FTXED-FEE COST
Thc fixed-fee cost for completing the Data Recovery Program for CA-SDI-8694 and
indexing prior to capping for CA-SDT-8303 and CA-SDI-8797 is estimated to not exceed
$229,650.40 (Tables 1 and 2). The cost for the Native American Monitor is estimated to
not exceed $15,000.00 (500 hours @ $30.00). The total cost for the data recovery
program and the Native American Monitor is estimated to not exceed $244,650.40. If
site CA-SDI-8797, which includes the burial, cannot be completely avoided, then the cost
will be increased to provide mitigation of impacts through data recovery for that portion
of CA-SDI-8797 needing mitigation measures.
COSTS NOT INCLUDED
The cost for curation is $660.00 per cubic foot of materials. As the number of artifacts
cannot be anticipated, curation costs are not included in this cost estimate. Also,
construction monitoring by an archaeologist and a Native American is not included in
this scope of work and cost estimate.
COST ASSUMPTIONS
Cost assumptions include:
1. Units will have an average depth of 60 cm per unit;
2. Units will produce not more than 300 artifacts per unit;
3. Not more than five hearth features will be encounteredrecorded;
4. CEQA and City of Carlsbad compliance only; and
5. No burials and/or cremations.
The fixed-fee cost for the Data Recovery Program will not be exceeded without client's
authorization. Billing Will be submitted on a monthly basis for work completed to date.
Payment is required within 30 days of billing. Late payments will incur a 1.5% monthly
late fee.
ADDITIONAL WORK The scope of work reflects our current understanding of project requirements.
Amendments to the scope of work will be necessary, if there are modifications to the
project or the required services, such as: burials/creinations; response to agency
comments; or meetings with agencies, Native Americans or public presentations. If
human remains are encountered, then all work must halt immediately and the client, City
of Carlsbad, County of San Diego Coroner, and the Native American Heritage
Commission will be notified to initiate the required consultation. The schedule will be
adjusted accordingly in light of findings.
ACCEPTED
Company Name
Gallegos &L Associates
/-----7
By: ByC&7/-/7,-
Sigdure of Authoczed
Representative of Consultant
Signature of Authorized
Representative of Client
Dennis R. Gallegos
President
January 23,2004
Name Printed Name Printed
Title Title
Date Date
B
6
0 N
N
4
5
3 z
TABLE 2
GALLEGOS lt ASSOCIATES COST ESTIMATE FOR
DATA RECOVERY PROGRAM FOR SITE CASDIS694
AND INDEXING PROGRAM FOR CA-SDl-8303 AND CA-SDl-8797
JANUARY 23,2004
TasklPewnnel
Management and Coordination
Project Manager
Data Recovery Plan and Project Setup
Project Manager
Project Archaeologist
Field Directw
Graphics
Word Processing
Archaeological Aid
Field Work
Project Manager
Project Archaeologist
Field Director
Archaeological Aid
Field Crew
Laboratory Analysis
Laboratory Director
Laboratory Crew
Report Preparation
Project Manager
Project Archaeologist
Graphics
Word Processing
Arct\aeological Aid
Meetings
Project Manager
OUler Direct Costs
Backhoe Trenching
Radiocarbon Dating
lllustra tor
Lithic Analpis
Faunal Analysis
Other Studies (Le., Obsidian, Residue, Pollen)
Supplies
Mileage
Film and Processing
Equipment Rental (Storage Shed)
$78.75 40
$78.75 30
$63.00 24
$47.25 16
$34.66 0
831.50 24
$31.50 a
$78.75 56
$63.00 328
$31.50 660
$28.87 2648
w.25 3ta
$47.25 240
$31.50 240
$70.75 68
$63.00 224
534.66 96
$31.50 96
S37.50 266
$78.75 32
Total Cost
$3,150.00
$2,362.50
$1,512.00
$756.00
$252.00
$756.00
$277.28
%4.410.00 $20,664.00
$1 5,025.50
$20,790.00
$76,447.76
$1 1,340.00 #
$7,560.00
$5,355.00
$14,112.00
$3,327.36
$3,024.00
$8.31 9 .oo
$2,550.00
$1,650.00
$4,000.00
$1,000.00
$10,000.00
$5,250.00
$1,000.00
$1,000.00
$850.00
$500.00
$1,500.00
Copies and Binding S850.00
Total Labor and ODC $229,650.40
Native American Monitor (500hrsa $30.00)
Total with Native American Monitor
Does not include curation or reburial costs.
$1 5,000.00
$244.650.40
I
Mar 17 04 10:33a Gallegos & Associates
__ -. . __ . - . . . . . -. . -. .
[7601 929-0056 P.3
Binder of Insnrmce
Name and Addrrx of Lienholder or Addmonal Imured Policy Number: G 6626838
Year Tmcie Name
1995 JEEP
2003 JEEP
Natbe ta Lhholder
IN THE EVENT OF CANCELLATION OF THIS Ci of Carisbad,& Officerk,Officials&Ernployees I
Vehiie ldentificatim Number
I J4GZMSSC684783
IJ4GW48S73C544051
1200 CARLSBAD VltLAGE DR
CARLSBAD, CA 92008
2001
1986
2001
BINDER, THE EXCHANGE WILL GIVE THE
LIENHOLDER 10 DAYS WRITEN NOTICE OF
CANCELLATION.
HQND lHGCG22501ADO9713
TOYO., JT4RN62DG60051346 TOYO 5TBRT34141S155614
Loan Number:
The Interinsurance Exchange of the Automobile Club hereby acknowledges itself bound tb the named insured for the covwages
specified in the schedule subject to all provisions of the Exchange's applible pllcy lam. The issuance of a policy to the
named insured or, if a policy is in force, he ISSUanQ9 of an endorsement covering the automobile, boat or trailer described
herein shall vakl thls binder. A pro rata premium charge computed for #le tm of coverage in accordance with the current rates
of the Gahnge in effect at the inception of the binder will be made unless such a policy endorsefneht 1s kued. Thls binder
shall hat be cdllsrmed to afford cumulative insumce with any wlstlw pllcy.
Bodily Injury and Property Damage
PhyslcaI Damage Coverage
Physical Damage Deductible ,
~med Insured: DENNIS R. AND MARSHA K. GALLEGOS
each occue , ,
Actual Cash Value not to exceed Limit of L-iity
less the specified dedudible
COVERAGES: .I
I Watercraft Insurance ILinits of Liability (in thousands) I
[Effecthe Date of Binder:
This binder shall expire 30 days fmn the effecthre date or may be cancelled by the named insured at any time during such 30
day period. The Exchange ay cancel this binder by mailing to the rE+med Insured at the address shown above written notice
stating when, not less than 10 days thereafter, such candation shan be effective. The mailing of such notice shall be sufticietd
pmof of notice.
05/07/2004 1261 AM Paclfle standard Time I
Authoked Represematlve: 0
0 ACSC Management Services, Inc.
Attorney-1n-F-
I
Company Profile Page 1 of 2
Company Profile
GOLDEN EAGLE INSURANCE CORPORATION
PO BOX 85826
SAN DIEGO, CA 92186-5826
800-688-866 1
Agent for Service of Process
ERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR
LOS ANGELES, CA 90017
Unable to Locate the Agent for Service of Process?
Reference Information
NAIC #: 10836
NAIC Group #: 0111
California Company ID #: 4453-7
Date authorized in California:
Company Type: Property & Casualty
State of Domicile: CALIFORNIA
August 21, 1997
License Status: UNLIMITED-NORMAL
Lines of Insurance Authorized to Transact
The company is authorized to transact business within these lines of insurance. For an explanation of
any of these terms, please refer to the glossary.
AIRCRAFT
AUTOMOBILE
BOILER AND MACHINERY
BURGLARY
COMMON CARRIER LIABILITY
CREDIT
DISABILITY
FIRE
LIABILITY
MARINE
http://cdinswww.insurance.ca.gov/pls/wu~co~prof/idb~co~prof~utl.get~co~prof?p~EID=77... 5/19/2004
I
Company Profile
MISCELLANEOUS
PLATE GLASS
SPRINKLER
SURETY
TEAM AND VEHICLE
WORKERS' COMPENSATION
Page 2 of 2
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Copyright Q California Department of Insurance
Disclaimer
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A.M. Best Worldwide Insurance Directory
00186 - Interinsurance Exchange of Auto Cfub
Member of Automobile Club of Southern Calif Group A.M. Best #: 00186 NAlC #: 15598
P.O. Box 25001 Santa Ana, CA 92799-5001
Phone: 71 4-SO-51 11
www.aaa-calif .corn
Stock Ticker: Not Available
Business Commencement: 1912
Structure: Reciprocal Exchange Marketing: Direct Response,
General Agent
Click for the latest Best's Rating or other members of this group.
Page 1 of 1
Copyright 0 2004 by A.M. Best Comeanv, Inc. ALL RIGHTS RESERVED No part of this information may be distributed in any electronic form or by any means, or stored in a database or retrieval system, without the prior written permission of the A.M. Best Company. Refer to our terms of use for additional details.
http://www3. ambest .com/ratings/company . asp?AMBNum=OO 1 86&Refnum=OO 1 86&Site=1.. . 5/ 1912004
ACoRDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYY)
MAR 23 04
PRODUCER ALL COMMERCIAL INSURANCE SERVICES, LLC. 6790 TOP GUN STREET #3 SAN DIEGO CA 921 21 PHONE: 8581642-0200
x COMMERCIAL GENERAL LIABILITY
CLAIMSMADE 13 OCCUR
--
4
GENL AGGREGATE LIMIT APPLIES PER
POLICY PP0.lFC.T I nr.
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
~
~
__
~
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I
GARAGE LIABILITY ._ -
ANY AUTO
INSURERS AFFORDING COVERAGE - ~
FAX: 858/642-0205
[7 CLAIMSMADE
DEDUCTIBLE
4
NAlC #
WORKERS COMPENSAllON AND I -__-. -. ---. . . - -. . .-. I
INSURER A: GOLDEN EAGLE INSURANCE ..
INSURED
CU9534167
. .
SEP903 1 SEP904
INSURER B: - GALLEGOS 8 ASSOCIATES 5671 PALMER WAY, STE. A CARLSBAD CA 92008
__ INSURER D:
INSURER E:
LIMITS
__~_
I$ 1,000,000 _~ ~. EACHOCCURRENCE
DAMAGE TO RENTED PREMISES (Ea omrance) 100,000 . __ -__~ $
4s .TR
MED. EXP (Any One Person) 1 $ 5.000
POLICY EFFECTIVE POLICY EXPIRATION DATE (MMIDDIW) DATE {MWDDIW) TYPE OF INSURANCE POLICY NUMBER
CBP9533367 SEP 9 03 SEP 9 04 GENERAL LIABILITY
---1
PERSONAL & ADV INJURY 1,000,000
--
__
COMBINED SINGLE LIMIT (Ea accident)
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE
~~ ..-
1,000,000 EACHOCCURRENCE
AGGREGATE I$ 1 .ooo.ooo
'$
- tMrLUltKJ' LlAllLl I Y
ANY PROPRlETORlPARTNERlEXECUTIVE OFFlCEWMeMBER EXCLUDED?
if yes, describe under
~ __ E.L. EACH ACCIDENT
E.L. DISEASE-EA EMPLOYEE
E.L. DISEASE-POLICY LIMIT , ~~ ....._ !
SPECIAL PROVISIONS below ~
, OTHER:
I I I I
>ESCRIPTION OF OPERATlONSlLOCATlONNEHlCLES/EXCLUSlONS ADDED ENDORSEMENT/ SPECIAL PROVISIONS
2ERTIFICATE HOLDER, THE CITY, IT'S OFFICERS, OFFICIALS AND EMPLOYEES ARE NAMED AS ADDITIONAL INSURED WITH RESPECTS ro GENERAL LIABILITY. *IO DAY NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM. RE: CARLSBAD GOLF COURSE
CERTIFICATE HOLDER 1 1 ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
CITY OF CARLSBAD RECREATION DEPARTMENT
1200 CARLSBAD VILLAGE DR CARLSBAD, CA 92008
Attention: CONNIE 760-720-6917
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
AUTHORIZED REPRESENTATIVE
%e/
ACORD 25 (2001108) Certificate # 36563 Mark Rubin
ALL COMMERCIAL INS
GOLDEN EAGLE INSURANCE CORPORATION
P.0. BOX 85826 - SAN DIEGO, CA 92186-5826
PAGE 61/01
No: CBP9533367 ADClITIONAL INSURED - OWNERS, LESSEES
OR CONTRACTORS (FORM B)
CEP9533367 ADCIIT'IONAL INSURED - OWNERS, LESSEES
OR IZONTRACTORS (FORM B)
Policy No:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT
CA G! E FU LLY.
This endorsement modifies insurancc provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
WHlb IS AN INSURED (Section 11) is amended to include as an insured
the person or organization shown in the Schedule, but only with respect
to liability arising out of ''your work" for that insured by or for vou,
The coverage afforded the additional insured does not apply to anv
project on which "your work" was completed prior to the eEectjve date
of this endorsement.
_I, SCHEDULE
City of Carlsbad Dg?partrnent: Recreation Administration/Park Development
CG 20 10 (il-85) Modifled
GECG 501 (10-98)
A.M. Best's Rating for Golden Eagle Insurance Corporation
12076 - Golden Eagle Insurance Corporation
Member of Liberty Mutual Insurance Companies
View a list of aroup members or the aroup's rating A.M. Best #: 12076 NAlC #: 10836
A (Excellent)*
Financial Size Cateaow
XV ($2 billion or more)
1
Page 1 of 1
'Ratings as of 09liV2004 11:31:12 AM E.S.T.
Rating Category (Excellent): Assigned to companies that have, in our opinion, an excellent ability to meet their ongoing obligations to policyholders.
Important Notice: Best's Ratings reflect our opinion based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet strength, operating performance and business profile. These ratings are not a warranty of an insurer's current or future ability to meet its contractual obligations. View our entire
notice for a complete details.
Companies interested in placing a Best's Security Icon on their web site to promote their financial strength may reaister online.
Copyright 0 2004 by A.M. Best Company, Inc. ALL RIGHTS RESERVED No part of this information may be distributed in any electronic form or by any means, or stored in a database or retrieval system, without the prior written permission of the A.M. Best Company. Refer to our terms of use for additional details.
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Company Profile Page 1 of 2
Company Profile n
INTERINSURANCE EXCHANGE OF THE
AUTOMOBILE CLUB
333 FAIRVIEW ROAD hENRY R. TOOFANIAN - A451
COSTA MESA, CA 92626
800-924-6 14 1
Former Names for Company
INTERINSURANCE EXCHANGE OF THE AUTOMOBILE Effective Date: 01-15-1997 Old Name: CLUB OF SOUTHERN CALIFORNIA
Attorney in Fact
ACSC MANAGEMENT SERVICES, INC., 2601 SOUTH FIGUEROA ST LOS ANGELES, CA 90007
Agent for Service of Process
Unable to Locate the Agent for Service of Process?
Reference Information
NAIC #: 15598
NAIC Group #: 1318
Date authorized in California:
Company Type: Property & Casualty
State of Domicile: CALIFORNIA
California Company ID #: 0392- 1
October 01, 1912
License Status: UNLIMITEDNORMAL
Lines of Insurance Authorized to Transact
The company is authorized to transact business within these lines of insurance. For an explanation of
any of these terms, please refer to the glossary.
AIRCRAFT
AUTOMOBILE
BOILER AND MACHINERY
BURGLARY
COMMON CARRIER LIABILITY
http://cdinswww.insurance.ca.gov/pls/wu~co_prof/idb~co_prof~utl.get_co_prof?p_EID=28... 5/19/2004
I
Company Profile
CREDIT
DISABILITY
FIRE
LIABILITY
MARINE
MISCELLANEOUS
PLATE GLASS
SPRINKLER
SURETY
TEAM AND VEHICLE
WORKERS' COMPENSATION
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Composite Complaint Studies
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I Page 1 I I Connie Ashby - Re: Gallegos & Assoc-Waiver of Prof E&O -
From: Jane Mobaldi To: Connie Ashby
Date: 4/12/04 1 :25PM
Subject: Re: Gallegos & AssooWaiver of Prof E&O
Connie 1 did waive profeessional liability insurance for this contract on 2-18-04.
NOTICE: THE INFORMATION CONTAINED IN THIS E-MAIL CONTAINS CONFIDENTIAL ATTORNEY
WORK PRODUCT AND/OR ATTORNEY-CLIENT INFORMATION. IT IS MEANT TO BE READ ONLY
BY THE INTENDED RECIPIENT, AND SHOULD NOT BE READ BY ANYONE ELSE. IF YOU
RECEIVED THIS EMAIL IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONING THE
SENDER AT (760) 434-2891 AND DELETElDESTROY THE EMAIL. THANK YOU.
>>> Connie Ashby 04/09/04 11:43AM >>>
Hi Jane, I am preparing to send over the "Agreement for Cultural Resources Data Recovery and Indexing
Program For The Carlsbad City Golf Course Project for Gallegos & Associates, but noticed that when Mr. Gallegos came in to re-sigdnotarize the document, he crossed out & initialed section 10.1.4 Professional Liability, the section requiring the contractor to maintain coverage for a period of five years.,., of the
contract.
I showed this to John Cahill, since this is his agreement, & he said that he had already discussed this
matter with you & that you had waived that requirement on this particular contract.
Would you please confirm this waiver so that I can then forward the contract over to your office for processing. That would eliminate any questions that Susanne might have on that issue when she
receives the agreement.
Please let me know if you need any further information or have any other questions.
Thanks again for your assistance.
Connie Ashby
Administrative Secretary City of Carlsbad
Recreation Department
1200 Carlsbad Village Drive Carlsbad, CA. 92008
cash b@-ci. ca rlsbad .ca .us
(760) 434-2826
"Creating Community through
People, Parks & Programs"
CERTHOLDER COPY
STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
FUN D CERTIFICATE OF WORKERS’ COMPENSATION INSURANCE
COMPENSATION INSURANCE
ISSUE DATE: 04’-13-2004
CITY OF CARLSBAD, ITS OFFICERS,OFFICIALS AND EMPLOYEES
1200 CARLSBAD VILLAGE DR CARLSBAD CA 92008-1989
GROUP: POLICY NUMBER: 1235006-2003 CERTIFICATE ID: 14 CERTIFICATE EXPIRES: 12-01-2004
12-01-2003/12-01-2004
JOB: ATTN JOHN WILL
This is tc certify that we have issued a valid Worker’s Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you’30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions, of such policies.
- AUTHORIZED REPRESENTATIVE PRESIDENT
EMPLOYER’S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 04-13-2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF CARLSBAD, ITS OFFICERS,OFFICIALS
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS‘ NOTICE EFFECTIVE 12-01-1993 IS ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
GALLEGOS, DENNIS R. AND GALLEGOS, MARSHA DBA: GALLEGOS & ASSOCIATES
5671 PALMER WAY STE A CARLSBAD CA 92008
SClF 10262E Accept this certificate only if you see a faint watermark that reads “OFFICIAL STATE FUND DOCUMENT’
$MM,SDI
PAGE 1 OF1 RINTED: 04-12-2004