HomeMy WebLinkAbout04/16/1991, C-6 - WASTEWATER MANAGEMENT PLAN IMPLEMENTATION - AGREEMENT FOR ARCHAEOLOGICAL SERVICES IIIII�{111►�IIIIIII�I U 1 MEETING GATE:
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city o San t S OBIspo 4 16 91
COUNCIL AGENDA REPORT ITEM NUMBER:
FROM: William T. Hetland Prepared By: John E' Moss
Utilities Director Wastewater Division Manager
SUBJECT: /
Wastewater Management Plan Implementation - Agreement for
Archaeological Services
CAO RECOMMENDATION:
By motion, approve the award to, and authorize the Mayor to
execute, a contract with C. A. Singer & Associates, Inc. for
Archaeological Services during the Units 3 and 4 Wastewater
Treatment Plant Improvements and Phase 1 Collection System
Improvements projects, subject to the following terms:
a. Fees for said services to be billed at an hourly rate
of $40. 00 per hour plus 20% overhead for time and
expenses actually incurred.
b. Amount not to exceed $78, 200. 00.
DISCUSSION:
Implementation of the Wastewater Management Plan requires
the construction of significant improvements to the City' s
wastewater treatment and collection system facilities. In
March 1990 Council certified the final Environmental Impact
Report (EIR) for these projects which included findings of
overriding concern for significant, unavoidable impacts, and
mitigation and monitoring actions. One of these mitigation
and monitoring actions adopted by Council was the
recognition and protection of cultural resources, as
describe on page 32 of the final EIR.
The mitigation plan for protection of the cultural resources
requires the City to retain the services of a qualified
archaeologist to provide training for public works
inspectors and project construction contractors in how to
recognize cultural resources that may be encountered, and to
be present to make inspections in sensitive areas during
construction. All activities associated with this
mitigation plan, and in the event cultural resources are
encountered, must comply fully with the requirements
established in the California Environmental Quality Act
(CEM) and various State and Federal regulations related to
the protection of cultural resources.
A request for proposals was prepared for the required
services and one proposal was received on January 9, 1991.
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Nii% COUNCIL AGENDA REPORT
Archaeological Services Agreement
Meeting of April 16, 1991
Page 2
Interviews were then held with the proposer, C. A. Singer
and Associates, Inc. , to detail the scope of work required
to provide the appropriate mitigation. During this time the
proposer met with various local cultural specialists in an
effort to identify what cultural resources may be
encountered and where.
The project of primary concern is the construction of the
Phase 1 Collection System. This project consists of
approximately 3.2 miles of sewer line starting at the
wastewater treatment plant and extending through town to
Hathway Street. Nearly the entire length of the project is
located in areas of potential cultural concern and may
reasonably be expected to uncover significant cultural
resources.
An appropriate monitoring plan has been proposed by C. A.
Singer and Associates and staff is now seeking Council
approval and award of an agreement for the required
archaeological services. This agreement is being pursued in
accordance with the requirements established in the City
Purchasing Control Guidelines section 402-1, Contracting for
Professional Services > $10,000. Construction of the Phase
1 Collection System Improvements is anticipated to begin in
May 1991. It is therefore imperative that the agreement for
archaeological services be completed prior to start of
construction.
CONCURRENCES:
Planning staff has reviewed the proposed mitigation and
monitoring plan and concur that it adequately addresses the
concerns, findings and requirements of the EIR.
FISCAL IMPACT:
Cost for the required services are to be billed at an hourly
rate of $40.00 per hour plus 20% overhead. Estimated total
cost of the required services is $58,200. Approval of an
additional $20,000 is being requested to provide funding for
contingencies should significant cultural resources be
encountered requiring emergency mitigation work. This
yields a total cost for the required services of $78,200.
The actual cost of the services may be somewhat more or less
depending on the extent of cultural resources encountered.
Funding for this project is from the Sewer Fund. 'State
Revolving Fund (SRF) loan monies will be available for this
work and will be included in the allowance for design,
engineering and administration of the improvements projects.
����►�►�fl��lllllllllP° �II�III city of San ', S OBISpo
a" COUNCIL AGENDA REPORT
Archaeological Services Agreement
Meeting of April 16, 1991
Page 3
Funding for the improvements projects was approved in the
1989-91 Financial Plan, and Approved 1989-90 Budget, page E-
7, Wastewater Treatment Plant Improvements and Relief
Sewers. Total approved funding for the projects was
$30,564, 000.
ALTERNATIVES:
There are no legitimate alternatives to providing the
required mitigation.
RECOMMENDATION:
By motion, approve the award to, and authorize the Mayor to
execute, a contract with C. A. Singer & Associates, Inc. for
Archaeological Services during the Units 3 and 4 Wastewater
Treatment Plant Improvements and Phase 1 Collection System
Improvements projects, subject to the following terms:
a. Fees for said services to be billed at an hourly rate
of $40.00 per hour plus 20% overhead for time and
expenses actually incurred.
b. Amount not to exceed $78, 200.00.
Attachments:
Agreement
Proposal for Archaeological Services
CONSULTANT AGREEMENT FOR
ARCHAELOGICAL SERVICES
THIS AGREEMENT is entered into between the City of San Luis
Obispo, hereinafter referred to as "City", and C.A. Singer &
Associates, hereinafter referred to as "Consultant", in
consideration of the mutual benefits, terms, and conditions
hereinafter specified:
1. Project Designation. The Consultant is retained by the City
to perform archaeological services in connection with the
project designated Units 3 and 4 Wastewater Treatment Plant
Improvements and Sewer Main Improvement Proiects.
2. Scope of Services. Consultant agrees to perform the
services, identified on Exhibit "A" attached hereto,
including the provision of all labor, materials, equipment
and supplies.
3. Payment. The Consultant shall be paid by the hour for
completed work and for services rendered under this
agreement as follows:
a. Payment for the work provided by Consultant shall be
made as provided on Exhibit "A" attached hereto,
provided that the total amount of payment to Consultant
shall not exceed $78,200 without express written
modification of the agreement signed by the City.
b. Consultant may submit vouchers to the City once per
month during the progress of the work for partial
payment for project completed to date. Such vouchers
will be checked by the City, and upon approval thereof,
payments will be made to the Consultant in the amount
approved.
C. Final payment of any balance due the Consultant of the
total contract price earned will be made promptly upon
its ascertainment and verification by the City after
the completion of the work under this agreement and its
acceptance by the City.
d. Payment as provided in this section shall be full
compensation for work performed, services rendered and
for all materials, supplies, equipment and incidentals
necessary to complete the work.
e. The Consultant's records and accounts pertaining to
this agreement are to be kept available for inspection
by representatives of the City and state for a period
of three (3) years after final payments. Copies shall
be made available upon request.
4. Ownership and Use of Documents. All documents, drawings,
specifications and other materials produced by the
Consultant in connection with the services rendered under
this agreement shall be the property of the City whether the
project for which they are made is executed or not. The
Consultant shall be permitted to retain copies, including
reproducible copies, of drawings and specifications for
information, reference and use in connection with
Consultant's endeavors.
5. Compliance with Laws. Consultant shall, in performing the
services contemplated by this agreement, faithfully observe
and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services to be
rendered under this agreement.
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6. Indemnification. Consultant shall indemnify, defend and
hold harmless the City, its officers, agents and employees,
from and against any and all claims, losses or liability, or
any portion thereof, including attorneys fees and costs,
arising from injury or death to persons, including injuries,
sickness, disease or death to Consultant's own employees, or
damage to property occasioned by a negligent act, omission
or failure of the Consultant.
7. Insurance. The Consultant shall secure and maintain in
force throughout the duration of this contract comprehensive
general liability insurance with a minimum coverage of
$500, 000 per occurrence and $1,000, 000 aggregate for
personal injury; and $500,000 per occurrence/aggregate for
property damage, and professional liability insurance in the
amount of $1, 000, 000. Said general liability policy shall
name the City of San Luis Obispo as an additional named
insured and shall include a provision prohibiting
cancellation of said policy except upon thirty (30) days
prior written notice to the City. Certificates of coverage
as required by this section shall be delivered to the City
within fifteen (15) days of execution of this agreement.
8. Independent Contractor. The Consultant and the City agree
that the Consultant is an independent contractor with
respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the
relationship of employer and employee between the parties
hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by
virtue of the services provided under this agreement. The
City shall not be responsible for withholding or otherwise
deducting federal income tax or social security or for
contributing to the state industrial insurance program,
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otherwise assuming the duties of an employer with respect to
Consultant, or any employee of Consultant.
9 . Covenant Against Contingent Fees. The Consultant warrants
that he has not employed or retained any company or person,
other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he
has not paid or agreed to pay any company or person, other
than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or
any other consideration contingent upon or resulting from
the award or making of this contract. For breach or
violation of this warranty, the City shall have the right to
annul this contract without liability or, in its discretion
to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission,
percentage, brokerage fee, gift, or contingent fee.
10. Discrimination Prohibited. The Consultant, with regard to
the work performed by it under this agreement, will not
discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or
sensory handicap in the selection and retention of employees
or procurement of materials or supplies.
11. Assignment. The Consultant shall not sublet or assign any
of the services covered by this agreement without the
express written consent of the City.
12. Non-Waiver. Waiver by the City of any provision of this
agreement or any time limitation provided for in this
agreement shall not constitute a waiver of any other
provision.
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13 . ' Termination.
a. The City reserves the right to terminate this agreement
at any time by giving ten (10) days written notice to
the Consultant.
b. In the event of the death of a member, partner or
officer of the Consultant, or any of its supervisory
personnel assigned to the project, the surviving
members of the Consultant hereby agree to complete the
work under the terms of this agreement, if requested to
do so by the City. This sebtion shall not be a bar to
renegotiations of this agreement between surviving
members of the Consultant and the City, if the City so
chooses.
14.. Notices. Notices to the City of San Luis Obispo shall be
sent to the following address:
City of San Luis Obispo
Attn: John E. Moss
955 Morro Street
San Luis Obispo, CA 93401
Notices to Consultant shall be sent to the following
address:
C.A. Singer & Associates, Inc.
2450 Main Street, Suite 199
Cambria, CA 93428-3406
15. Integrated Agreement. This agreement together with
attachments or addenda, represents the entire and integrated
agreement between the City and the Consultant and supersedes
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all prior negotiations, representations, or agreements
written or oral. This agreement may be amended only by
written instrument signed by both City and Consultant.
DATED this day of , 1991.
CITY OF SAN LUIS OBISPO CONSULTANT
City Finance Director Title
Mayor Ron Dunin
Attest/Authenticated: Approved as to Form:
f e f C' yAytorney
arehael.wp/jm6/90
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EXHIBIT "A"
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Page 1
O o
C.A. SINGER & ASSOCIATES, Inc.
Archaeology-Cultural Resources & Lithic Studies
March 26, 1991
Mr. John E. Moss 5
Wastewater Division Manager
City of San Luis Obispo
955 Morro Street, Box 8100
San Luis Obispo, CA 93403-8100
Subject: Revised Scope-Of-Work and Budget for Archaeological
Services [Spcn. No. 90-12-04j
Dear John;
As requested, we have corrected the time frame for the
trenching operation for the upcoming Sewer Expansion Project.
Also, we revised the projected costs for labor (field and lab), basic
research, data processing, report preparation, materials and
supplies, a Native American Consultant, and operating overhead.
Below, I have outline the three phases of the project along with the
projected tasks and expected costs.
Phase I - Personnel Training and Meetings
A. Archaeological training seminars for 3 groups of
project personnel; plus visits to County Historical
Museum and prehistoric midden site
B. Meetings (3) with city and project personnel
Estimated Cost: $1000
Phase II - Excavation Monitoring, Sampling, and Documentation
A. A minimum of one archaeological monitor on-site for
4 hours per day for 32t weeks [c. 3.1 miles of trenching
at 100: feet per day].
2450 Main Street, Suite#99 • Cambria • California 93428-3406
phone: 805/927-0455 - fax: 805/927-0414 - .
Page 2
B. Daily recording of data, including stratigraphic
(soil) profiles, plus sampling of soils and archaeological
materials, photography; and other documentation. '
C. Public education and sidewalk administration
D. Weekly meetings with monitor(s) to review records
and operations.
Estimated Cost: $25,600 [640 hours at $40 per hour]
Phase III - Data Processing, Analysis of Samples, Report
Preparation and Distribution
A. Training of volunteers and research coordinated with
the County Historical Society Museum and the County
Archaeological Society
B. Washing, sorting, identification and cataloging of
samples
C. Sample packing and storage
D. Data recording and processing
E. Special studies (e.g. radiocarbon dates, documentation,
anthropometry)
F. Report preparation, final review and editing, and
distribution
Cost Estimate: $21,000 [Since we cannot accurately predict
how much work is forthcoming, it is impossible to
estimate the exact number of hours required to
complete each task. As Phase III work is done, an
hourly accounting can be kept and costs can also be
billed monthly at $40 per hour].
In the event that Native American remains are encountered, for
example a prehistoric midden deposit or a burial near the Mission, a
Chumash Cultural Consultant will be needed immediately. We
maintain a close working relationship with the local Northern
Chumash Council and we plan to keep the Council informed of the
project and it's progress. If necessary, a consultant can be on-site
within a few hours. When Chumash consultants work with us, and
are paid by us, they are fully covered by our insurance and
accounting. Depending on the person(s) involved, and the
circumstances, consultants generally charge between $200 and $250
per day. Therefore, we suggest that least $1000 be budgeted for
Chumash Consultants. If no Native American materials or deposits
are unearthed then these monies will not be needed at all.
Page 3
One basic objective of this archaeological project is. to obtain
information about the City of San Luis Obispo. By excavating 'a
trench 16,000' long through the center of the city, the upcoming
sewer expansion project provides an excellent opportunity to
address this objective. We propose to record information and
recover samples from approximately 320 locations along the walls
of the trench, that is, from two or more locations within each 100'
long section. By the end of the project we should have a good picture
of what different parts of the city were like as the urban. carpet was
laid down. But, like a TV image, the picture will be made up of many
smaller images generated by the archaeological monitors.
The proposed budget is not sufficient for a full archaeological
monitoring team (2-3 persons) to be on-site during the' entire
trenching operation. Instead, we expect to organize a rotating team
to monitor the excavation and record information on a daily basis.
The project archaeologist must visit the operation at least once
each week and direct all data recovery and personnel. We anticipate
that some special studies will be carried out during or after
completion of the fieldwork. These include pedological analyses
(soil structure and geochemistry), radiocarbon dating, historic map
and document review, and historic materials identification. Monthly
progress reports will be prepared by the project archaeologist and
submitted to the city. Periodic meetings and organized discussions
will be held as circumstances dictate.
Some time will need to be spent in the pursuit of local
assistance and cooperation to insure worthwhile mitigative actions.
During the trenching operation, when something of true importance
is discovered, the immediate assistance of local volunteers can be
very desirable. But, volunteers must be organized and carefully
trained if they are to make a meaningful contribution to any project.
This is another major-task of the project archaeologist and one of
the reasons for the increase in the Phase III budget estimate.
The last items are a City Business License and our overhead
costs. A business licence for an entire year (July to June) costs
$50; the amount is pro rated until July 1st. This fee can be
subsumed under overhead costs. Our company policy is to charge
minimal overhead on municipal and non-profit agency . projects.
Minimal operating overhead is 20% of projected costs. Thusr we
estimate the budget at $48,500, overhead costs at $9700, and the
-/00 .
Page 4
total cost of the project at $58,200. Without any question, this is
an "Optimist's Budget", so I hope our collective luck holds. out. It
would not be unwise to also budget $20,000 for emergency
mitigation work. These funds would not be available unless the
trenching was interrupted by special circumstances, such as
multiple human burials or some other significant feature.
It's a beautiful day in the neighborhood and we hope you are
enjoying it. We are at your service.
Sincerely yours,
Clay A �
9
Archaeologist
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