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HomeMy WebLinkAbout1999-06-01; City Council; 15234; Faraday Avenue Project, ‘I - qh@$&q 0) I Ct I Y OF CARLSBAD -AGENDA dtLL AB# @3q TITLE: . , APPROVAL OF AN AGREEMENT WITH DEPT. HD. e-f.. RECON ENVIRONMENTAL, INC., FOR CONSTRUCTION MTG. 6/01/99 MONITORING FOR FARADAY AVENUE @ CITYATTY. - PROJECT NO. 3593 DEPT. ENG I RECOMMENDED ACTION: Adopt Resolution No. 99-/9$ approving an agreement with RECON Environmental, Inc. for Construction Monitoring for Faraday Avenue, Project No. 3593. I ITEM EXPLANATION: This project involves the rough grading of Faraday Avenue from its existing westerly terminus to future Cannon Road. Features of the construction include the grading of the roadway, construction of the backbone drainage system and installation of two pedestrian undercrossings. The grading is expected to take seven months. The scope of work includes the biological, archaeological and paleontological monitoring during construction and, if required, any data recovery. Three environmental consulting firms responded to the Request for Qualifications and were evaluated based on their experience and expertise in biological, archaeological and paleontological monitoring on similar types of projects. The three firms were Ogden Environmental and Energy Services Company, Inc., Merkel and Associates, Inc., and Recon Environmental, Inc. Recon Environmental, Inc. (RECON) was determined to be the most qualified consultant, by a four-person selection committee composed of City staff. I FISCAL IMPACT: The proposed budget for the monitoring services is $74,884. Sufficient funds are available for this work in the project account. I ENVIRONMENTAL IMPACT: The Planning Director has determined that the requested action is consistent with prior CEQA review. The project was reviewed in the Mitigated Negative Declaration, approved on September 8, 1998. Significant environmental impacts identified by those CEQA documents were determined to be mitigable to levels of less than significant. All permits from the resource agencies have been received. EXHIBITS: 1. 2. Location Map. Resolution No. 49-M approving an agreement with RECON Environmental, Inc. for Construction Monitoring for Faraday Avenue, Project No. 3593. 3. Agreement for Construction Monitoring for Faraday Avenue, Project No. 3593. NOT TO SCALE PRoJECT NAME FARADAY AVENUE EXlSTlNG PROJECT EXHIBIT WESTERLY TERMINUS TO FUTURE CANNON ROAD N;j;y 1 RESOLUTION NO. 99-198 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH RECON ENVIRONMENTAL, INC., FOR CONSTRUCTION 4 MONITORING FOR FARADAY AVENUE, PROJECT NO. 3593. 5 WHEREAS, the City Council of the City of Carlsbad, California, has determined 6 it necessary and in the public interest to approve and accept an agreement with RECON 7 Environmental, Inc., (RECON) for construction monitoring for Faraday Avenue; and 8 WHEREAS, the Engineering Department requested Statements of Qualifications to 9 provide biological, archaeological and paleontological monitoring from fourteen private firms IO interested in providing monitoring services for Faraday Avenue, Project No. 3593, and received 11 responses from three firms; and 12 WHEREAS, after review of the proposals, staff is recommending RECON as the most 13 qualified firm for performing biological, archaeological, and paleontological monitoring and 14 perform data recovery, if necessary, based on their experience and expertise on similar types of 15 project; and 16 WHEREAS, total project cost estimated for the monitoring is $74,884; and 17 WHEREAS, funds have been previously appropriated for Faraday Avenue and there are 18 sufficient funds available for this project; and 19 WHEREAS, the Mayor is hereby authorized to execute the proposed agreement for 2o construction monitoring for Faraday Avenue with RECON. 21 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 22 California, as follows: 23 1. That the above recitations are true and correct. 24 /iI 25 /I/ 26 Ill 27 /Ii 28 f/l 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 / -4 2. That the agreement with RECON for construction monitoring for Faraday Avenue, a copy of which is attached as Exhibit 3, is hereby approved. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 1st day of June t 1999 by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None Al-TEST: OD& A. Qw ALETHA L. FWUTENKRANZ, City Clerk (SEAL) AGREEMENT FOR CONSTRUCTION MONITORING FOR FARADAY AVENUE PROJECT NO. 3593 THIS AGREEMENT is made and entered into as of the 1st day of June , 192, 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, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. CONTRACTOR’S 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 - 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (10) 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 (1) 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. 2126199 -2 - 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 Carisbad 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, -3 - rev. 2/26/99 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 of termination, the Contractor shall be paid for work performed to the termination date; -4 - rev. 2/26/99 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 from the selection proces The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.028 pertaining to false claims are incorporated herein by reference. -5 - rev. 2/26/99 13. JURISDICTION The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the 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 Contractol’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. -6 - rev. 2/26/99 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 (1) 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. -7 - rev. 2/26/99 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 contractor, 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. -8 - rev. 2/26/99 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. -9 - rev. 2/26/99 - 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 18700 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-W” 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 ,OOO,OOO 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 - 2. Automobile Liability (if the use of an automobile is involved for Contractor’s work for the City). $1 ,OOO,OOO 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 ,OOO,OOO per accident for bodily injury. 4. Professional Liability. Errors and omissions liability appropriate to the contractors profession with limits of not less than $1 ,OOO,OOO 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. -11 - rev. 2126199 - 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 premfums 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: Title Name Associate Engineer S herri Howard Address 2075 Las Palmas Drive Carlsbad. CA 92009-I 576 For Contractor: Title President Name Charles Bull Address 4241 Jutland Drive, Suite 201 San Dieso. CA 92117-3653 Architect/License Number: Architect/License Number: 28. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. rev. 2126199 -12 - 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 dayof May ,I999 . CONTRACTOR: RECON ENVIRONMENTAL, INC. a California corporation By: &-- (sign here) Charles Bull President 'I (Priv me/title) \ 2 By:&‘&-uic; , iks?~ (sign here) ’ Diane Pearson Vice President/Secretary (print name/title) AT-TEST: ALETHA L. RAUTENKRANZ City Clerk (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. Othenvise, 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 &y -13 - rev. 2/26/99 -. EXHIBIT “A” SCOPE OF WORK .4 Following is the SCOPE OF WORK as presented in the Request for Qualification and Proposal. 1. Attend the Pre-Grade Meeting 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 Soecies as Reauired bv the Resource Aaencv and Citv 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. -14 - rev. 2/26/99 I. 3. Perform Paleontoloaical Monitorina as Reauired 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. -15 - rev. 2/26/99 -. 4. Perform Archaeoloaical Monitorina Durina Gradina Around and Within the Boundary 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 - RECON COST BREAKDOWN 1 TOTAL HOURS ) TOTALCOST 1 1 Meetings/Consultation I Preconstruction meeting 1 Construction Monitoring 1 Biology I - Pre-grade survey 8 hours 8 hours $708.00 1 $708.00 1 1 542 hours 1 280 hours $34,900.00 I $27,720.00 1 8 hours $656.00 1 I - Monitor 3 times per week I - Nest monitoring 1 200 hours $15400.00 1 $3,696.00 1 48 hours r- - Field notes 8 hours I~ ~~~~ $656.04 I - Letter report preparation I 16 hours I $I,31 2.00 1 I Archaeology I 246 hours I $72,234.00 1 I - Monitoring I 208 hours $10,160.00 1 I - Field notes I 16 hours I $752.00.1 I - Document preparation Production Management Scheduling TASK TOTALS 22 hours $1,322.00 1 76 hours 8 hours 8 hours 558 hours $946.00 $708.00 $708.00 $36,316.00 rev. 2/26/99 -17 - 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 III.. .......................................................................... $41 .OO PRODUCTION SPECIALIST II ............................................................................. $36.00 PRODUCTION SPECIALIST I .............................................................................. $31 .oo GRAPHIC ILLUSTRATOR Ill ................................................................................ $46.00 GRAPHIC ILLUSTRATOR II ................................................................................. $41 .oo GRAPHIC ILLUSTRATOR I .................................................................................. $36.00 SPECIALIST III ..................................................................................................... $77.00 SPECIALIST II ...................................................................................................... $67.00 SPECIALIST I ....................................................................................................... $57.00 FIELD TECHNICIAN FIELD TECHNICIAN TECHNICIAN III . . . . . ..I ,. I .......................................................................................... $50.00 ........................................................................................... $40.00 ........................................................................................... $31 .oo TECHNICIAN II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $26.00 TECHNICIAN I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $21 .oo Unless otherwise agreed upon, RECOfV 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, 1999. Increases occur annually on July 1. -18 - rev. 2/26/99 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 1 person full-time ($304 day x 60) - Monitoring $38/hr (second monitor as-needed) 1 person part-time $304 day x 10) - Salvage $38/hr 1 person as-needed ($304/day x 5) - Field Supervision 1 person as-needed ($80/wk x 12) - Screenwashing $38/hr 1 person as-needed ($304/day x 10) Subtotal Field $18,240 3,040 1,520. 960 3,040 $26,800 _ Preparation & Curation - Fossil preparation $38/hr 1 person as-needed ($304/day x 20) - Fossil curation $38/hr 1 person as-needed (304/day x 5) Subtotal Lab $6,080 1,520 $7.600 Final Report Preparation - Report preparation $60/hr 1 person full-time ($480/day x 2) - Report preparation $40/hr 1 person full-time ($320/day x 4) 1 Subtotal Report Project Management - Project management $60/hr 1 person part-time ($60/wk x 12) $960 1,280 $2,240 - $720 Mileage - 3600 miles (60 miles x 60) @ $00.28/mile 1 Supplies $1,008 _ I $200 1 1 SUBTOTAL I $38,568 1 -19 - rev. 2126199 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 pounds/day, 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 - ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5193 State of California county of San Diego On 5/1c/gg beforeme, Annette R. Hirt, Motary public , DATE NAME. TITLE OF OFFICER. EG., “JANE DOE. NOTARY PUBLIC” personally appeared Charles Bull and Diane PearSOn NAME(S) OF SIGNER(S) &ersonally known to me - fi to be the person(s) whose name(s) idare subscribed to the within instrument and ac- knowledged to me that be&be/they executed the same in +ieM+/their authorized capacity(ies), and that by %&s&their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SIGNATURE OF NOTARY - OPTIONAL SECTION m CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove rnvaluable to persons relying on the document, 0 INDIVIDUAL q CORPORATE OFFICER(S) Pres/Vice ?res TITLE(S) 0 PARTNER(S) 0 LIMITED q GENERAL 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR [7 OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) RECOM OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLEORTYPEOF DOCUMENT CarIS&& Proj~=r+ >:n. 75c)? THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES 2 3 DATE OF DOCUMENT Though the data requested here is not required by law, 11 could prevent fraudulent reattachment of this term. SIGNER(S) OTHER THAN NAMED ABOVE Zarlsbad Officials Q1993 NATIONAL NOTARY ASSOCIATION * 6236 Remmet Ave.. P.O. Box 7164 * Canoga Park, CA 91309-711 I dity June 17,1999 Recon Environmental, Inc. Charles Bull, President 4241 Jutland Dr., Suite 201 San Diego, CA 92117-3653 CONSTRUCTION MONITORING CONTRACT FARRADAY AVE., PROJECT NO. 3593 Enclosed please find copies of Carlsbad City Council Agenda Bill No. 15,234 and Resolution No. 99-l 98. These documents were approved by Council on June 1, 1999: Also enclosed is a fully executed agreement for the above referenced project. ,’ In accordance with Section 24 of enclosed agreement, you are required to file a Conflict c . . : of Interest Statement with the Carlsbad City Clerk. Anyone in the company who is I .: ‘. working on this City project must file a Form 700, State.ment of Economic Interests, and-’ : .,. : must report all Disclosure Categories which includes 1, 2, 3, and 4. Enclosed for your use are the following documents, which you may copy if necessary: 1. Form 700 1998-l 999 Statement of Economic lnteiests 2. Amended Appendix to the Local Conflict of Interest Code 3. Limitations and other Restrictions on Gifts, Honoraria, Travel and Loans Your completed Assuming Office Statement is due in the City Clerk’s OfFice no later than 5:00 PM on July 13. 1999. If you have questions regarding this process, please call Karen Kundtz. Assistant Citv Clerk. at (7601434-2917. KATHLEEN D. SHOUP ’ Sr. Office Specialist 1200 Carlsbad Village Drive * Carlsbad, CA 92008-1989 - (760) 434-2808 @