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HomeMy WebLinkAboutCC 9 AG LSA ASSO'S INC. 11-7-88 CONSENT CALENDAR 11-7-88 DATE: NOVEMBER 1, 1988 TO: . WILLIAM HUSTON,- CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION . . SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH LSA ASSOCIATES, INC. DURING CONSTRUCTION OF LOWER PETERS CANYON RETARDING BASIN ~ (FACILITY F06 , B01) AND APPURTENANT FACILITIES RECOMMENDATION: It is recommended that the City Council approve a professional services agreement with LSA Associates, Inc. and authorize the Mayor and City Clerk to sign. BACKGROUND: The environmental requirements for construction of the Lower Peters Canyon Retarding Basin dictate that archaeological and paleontological monitoring be conducted on a continuing basis whenever any earthwork grading is taking place. This area has been identified as one ~ontaining "known sites where archaeological and paleontological artifacts may be uncovered. o LSA Associates, Inc. provided all the preliminary environmental services during the design phase of this project. It is logical to continue with this firm during the construction phase. One 'person would be on the job at all times during grading operations to monitor material being removed. When any artifacts are encountered, the consultant would send personnel certified in archaeology and in paleontology to the site for observation and establishment of resource recovery procedures. It is difficult to determine the number of hours that will be required by the consultant for this project. We have established a preliminary estimate of $25,000; however, if a buried site or significant articles are located, then the budget would need to be revised and a data recovery program implemented. Bob Ledendecker Director of Public Works/CitY Engineer BL:REW:mv ER~T~nedeErin~°S1 :~ices Manager THIS PROFESSIONAL SERVICES AGREEMENT AGREEMENT, made and entered into this day of ..... , 1988, by and between CITY OF TUSTIN, a municipal. .. corpora-tion .(hereinafter referred to as "City"); and LSA ASSOCIATES,,INC.. .. i Park Plaza, Suite 500, Irvine, California 92714 (hereinafter called "Consultant"). . . WITNESSET~: WHEREAS, City desires to employ Consultant to furnish the necessary archaeological and paleontological services during construction of Lower Peters Canyon Retarding Basin (Facility F06B01) and Appurtenant Facilities, Project No. 900027, hereinafter referred to as "Project"; and WHEREAS, Consultant is .qualified to provide the necessary services -~n connection with said Project and has agreed to provide the necessary services; and WHEREAS, Consultant has submitted to City a proposal dated October 12, 1988, a copy of which is attached hereto marked Exhibit "A", and is by this reference incorporated herein as though set forth in full herein ("the Proposal"). NOW, THEREFORE, City agrees to employ and does hereby employ Consultant to provide the professional services for the Project, and City and Consultant for the consideration hereinafter set forth, agree as follows: Section 1: Scop~ of Consultant's Services. Consultant agrees to prepare and furnish to City consulting services for the Project. These services shall include all of those services outlined in Consultant's roposal (Exhibit "A"). - . - Section 2: Time for completion. It .is hereby understood and mutually agreed that the time for completion of the work to be performed --~-- by Consultant is .an essential condition of this.agreement. Consultant .grees that it shall prosecute regularly and diligently the work of this agreement accordingly to reasonable schedules established by City. consultant Bhall not be'accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Any delays shall not entitle Consultant to any additional compensation under any circumstances, regardless of the party responsible for the delay. · Section 3: Compensation. The compensation to be paid under this agreement shall be at the hourly rates set forth in Exhibit "A" with a total cost estimated at $25,000. Monthly payments for work completed will be paid as the work progresses, within thirty (30) days of the date of consultant's invoice. . secti0~ 4.. Job Site Conditions. The City agrees that in ~accordance .. ~ith .generally accepted construction practices, the construction contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of the project, including safety of all persons and property and that this requirement shall be made to apply continuously and not be limited to normal working hours. Section 5: Miscellaneous Provisions. A. City and Consultant further agree to the following conditions: (1) City, by notifying Consultant in writing, shall have the right to terminate any or all of the services and work covered by this agreement at any time. In the event of such termination, Consultant shall be paid for services rendered to the effective date of the · %ermination. ¢~) Consultant agrees that it shall proceed immediately and -2- diligently to perform the services provided for in this agreemen~ upon ~eceipt of notice from City to proceed therewith. (3) The terms and provisions of this Agreement shall extend to and be binding upon and inure to the benefit of heirs, executors, administrators, successors and assigns of the respective parties thereto. (4) Consultant sh~ll perform the services hereunder as an independent contractor and under no circumstances or conditions shall Consultant and any of its agents, servants and employees, be considered' as an employee or agent of the City. (5) Consultant shall perform all services required under this agreement using that degree of care and skill ordinarily exercised under similar conditions in similar localities, and shall be responsible for all errors and omissions for s~rvices performed by Consultant under the terms of this agreement. Consultant agrees to indemnify, defend and hold City,'its ~gents, employees, successors and assigns, harmless from any loss, damage, injury, sickness, death, or other claim made by other persons and from all costs, expenses and charges, including attorney's fees, arising from Consultant's negligent performance of this agreement. Consultant shall maintain in full force and effect during the term of this agreement, its existing policies of insurance for which certificates of insurance have heretofore been delivered to City. -(6) Consultant shall carry and pay for such compensation insurance as is necessary to fully protect Consultant and its employees under California Worker's Compensation Insurance and Safety laws, to relieve City from all responsibility under said laws in connection with the performance of this agreement, and upon execution of this agreement, oo file with City a certificate certifying to said protection. . (7) Consultant certifies that there shall be no discrimination -3- against any employee who is employed in the work covered by~ this ~greement, or against any employee who is employed in the work covered by this agreement, or against any application for such employment, because of race, religion, color, sex, or national origin including, but not limited to, the following: a. Employment, upgrading, demotion or transfer, recruitment, or recruitment advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (8) Consultant shall provide City monthly with a detailed itemization of all work performed, and the fees accrued thereon, in complete and sufficient detail, to fully apprise City thereof. IN WITNESS WHEREOF, this Agreement was executed by the parties on the day and year first above written. CITY OF TUSTIN, a municipal corporation ATTEST: By MAYOR CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY LSA ASSOCIATES, INC. -4- L TCISTIN puBUC WORtLS DEPT. Environmental Assessment Transportation Engineering Resource Management Community Planning Environmental Restoration October 12, 1988 Bob Ledendecker Director of Public Works/Engineering 300 Centennial Way Tustin, CA 92680 SUBJECT: GRADING FOR LOWER LAKES DRIVE EXTENSION AND RETENTION BASIN: PETER'S CANYON ARCHAEOLOGICAL AND PALEONTOLOGICAL MONITORING Dear Bob: LSA Associates, Inc. is pleased to submit this letter proposal for archaeological and paleontological monitoring during grading for the .Lower Lake Drive.~extension and Retention Basin Project. Based upon our review of · existing survey reports and our past experience with the Peter's Canyon area,' we 'have 'formulated a scope of services and schedule that will meet the County's Cultural Resource Guidelines. The scope of services includes the following tasks. Scope of Services Preparation of Authorization Letter to the City of Tustin. Beth Padon, Project Archaeologist/Principal Investigator, will prepare a letter to the City of Tustin confirming the retention of LSA's archaeological and paleon- tological services during the grading of the project area. The existing archaeological and paleontological reports indicate two known prehistoric localities for the project area, 0ra-548, Ora 184 A and B. Geologically, the Santiago, undifferentiated Sespe-Vaqueros, and possibly Topanga Formations, underlie the project area. These formations have a moderate to high sensitivity for paleontological resources. Attendance at Pre-grade Meeting. Beth Padon, Orange County certified archaeologist, and Rod Raschke, Orange County certified paleontologist, will need to attend the pre-grade meeting. Our office must be notified as to the date and time of this meeting at least 48 hours prior to its occurrence. At this meeting, guidelines for archaeological and paleontological observation and resource recovery will be discussed. EXHIBIT "A" [] 1 Park Plaza, Suite 500 · Irvine, California 92714 · (714) 553-0666 [] 157 Park Place · Pt. Richmond, California 94801 · (415) 236-6810 Gradina Plan and Schedule. It is our understanding that the proposed project includes grading for the Lower Lake Drive extension and the creation of a retention basin. The Lower Lake Drive project will be impacting CA- Ora-184A and CA-Ora-548; the retention basin will impact CA-Ora-184A only. Previous test level and data recovery projects conducted by LSA at CA-Ora- 184A and CA-Ora-548 have mitigated the impacts on these two sites. No test- ing or data recovery was conducted at CA-Ora-184B, since it was not anticipa- ted that the site area would be impacted. Therefore, archaeological monitor- ing is necessary to insure the protection of CA-Ora-184B and allow for the recovery of any artifactual materials that may be uncovered at either of the other two site locations. The paleontologist will review the grading plans at the pre-grade meeting to determine the level of on-site monitoring re- quired. Report. A brief, descriptive log of monitoring activities will be prepared during on-site inspectibn. Upon completion of the project, LSA will submit a letter report of our findings and observations documenting-your compliance.with the City of Tustin's requirements-. Compensat'i on Due to the difficulty in determining the number of hours of monitoring required during the grading activities, it is difficult to calculate a defin- itive estimate of the archaeological and paleontological project costs. We prefer to offer a schedule of the hourly billing rates for this project. In this manner, we would invoice only for time and materials expended. However, if a buried site or significant fossils are located, then the budget would be revised and a data recovery program implemented. Schedule of Hourly Rates Principal Investigator $50/hour Paleontological Monitor $30/hour The above rate schedule covers the cost of labor. Additional expenses would be billed in accordance with our Standard Contract Provisions, which are a part of this proposed scope of services. Thank you for requesting a scope of services from LSA fcr Lower Lake Drive extension and retention basin project. We are prepared to-proceed with the work as soon as we receive written authorization to begin. Shou]d you have any questions, please do not hesitate to contact me at (714) 553-0666. BP/kc (CoTso ! ) Attachment: Standard Contract Provisions Sincerely, Beth Padon Principal Investigator Cultural Resources Oivision L SCHEDULE OF STANDARD CONTRACT PROVISIONS AND BILLING RATES FEES FOR PROFESSIONAL SERVICES Fixed-Fee Contract~. [fa fixed-fee proposal, the professional services described in the Scope of Services section of the attached proposal shall be provided for the fixed fee noted in the Compensation and Terms section, of the proposal. All other professional services are considered extra services. Extra services shall be provided on a time-and-expenses basis at the same rates specified for hourly contracts unless other arrangements are made in advance. Hourly Contracts. If an hourly-plus-expenses proposal, the. professional servtces described in the Scope of Services section of the attached proposal shall be provided on a time basis at current hourly rates. These rates are' as .shown' on a Rate Schedule that ts attached or can be made available. Hourly rates are subdect to review at least'annually on'or about July ! each year and may be adjusted to reflect changing labor costs at our discretion at that time. Out-of-pocket expenses shall be reimbursed at cost plus 10~, unless other arrangements are made in advance, and are not included in the hourly fee for professional services. Out-of-pocket expenses include, but are not limited to, costs of: 1) reproduction of reports and graphics furnished or prepared in connection with the work of the contract, 2) long-distance tele- phone and telegraph charges, 3) laboratory services, 4) automobile travel at 26 cents/mile, 5) truck travel at 43 cents/mile, 6) other travel, subsis- tence, vehicle rental, and lodging in connection with the work of the con- tract, 7) fees of specialized consultants retained with the approval of the client and 8) Facsimile Transmittals at one dollarper page . The total estimated amount of time and expenses noted in the Compensa- tion and Terms section of this proposal will serve as a control on the ser- vices to be provided. The specified amount will not be exceeded without prior approval of the client. FREQUENCY OF BILLING Monthly invoices shall be submitted for progress payment based on work completed to date. Out-of-pocket expenses shall be billed on the same mon- thly invoice and shall be identified as a separate item'.