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Home My WebLink AboutCC Resolution 8658 (Archaeological Field Survey)RESOLUTION NO. 8 6 5 8 A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING A $3,000 CONTRACT WITH ARCHAEOLOGICAL RESOURCE SERVICE TO PROVIDE AN ARCHAEOLOGICAL FIELD SURVEY OF THE ST. VINCENTS AND SILVEIRA PROPERTIES. WHEREAS, the City Council approved a work program and funding for the St. Vincent's/Silveira Study on April 20, 1992; and WHEREAS, the work program included $3,000 for an archaeological field survey; and WHEREAS, staff researched experienced local firms to prepare such a survey and reviewed the proposed consultant with the St. Vincent's/ Silveira Consultant Subcommittee; and WHEREAS, Archaeological Resource Service is familiar with the property, has certified expertise in preparing archaeological field research, and can provide the requested information in timely fashion within the proposed budget. NOW THEREFORE BE IT RESOLVED, the City Council hereby approves an agreement with Archaeological Resource Service, copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager and City Clerk to execute said agreement on behalf of the City of San Rafael. I, JEANNE M. LEONCINI, clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Monday, the 4th of May, 1992, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE E M. LEONC I, City Clerk PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this 4TH day of MAY , 1992, between the CITY OF SAN RAFAEL a Municipal Corporation (hereinafter referred to as CITY) and ARCHAEOLOGICAL RESOURCE SERVICE (hereinafter called CONSULTANT). A. RECITALS: WHEREAS, St. Vincent's/ Silveira Advisory Committee and City Council have approved a work program for the St. Vincents and Silveira Study. The Work Program includes an archaeological field survey of the property; WHEREAS, CONSULTANT represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter defined. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT as follows: B. AGREEMENT 1. DEFINITIONS: The following definitions shall apply to the following terms, except where the context of this agreement otherwise requires: (a) Commencement of Services: Consultant agrees to commence work immediately after the date of the signing of this contract. (b) Completion of Services: July 31, 1992 2. CONSULTANT AGREES AS FOLLOWS: (a) CONSULTANT shall undertake and perform an archaeological field survey as identified in the attached April 27, 1992, proposal entitled "Archaeological Field Survey, St. Vincent's and Silveira Property." (b) CONSULTANT shall supply copies of administrative draft and final survey reports to Planning staff within time frames specified. (c) CONSULTANT shall attend one Advisory Committee meeting to present findings of the final survey report. (d) CONSULTANT shall submit an invoice with the final survey report. 3. CITY AGREES AS FOLLOWS: (a) In consideration of CONSULTANT'S Agreement to perform well and sufficiently and in a skillful and professional manner the services contemplated herein, CITY agrees to pay CONSULTANT a lump sum of $3,000 within 15 days of receipt of the final survey report and invoice. 4. CITY AGREES TO PROVIDE TO CONSULTANT: (a) All information identified in the April 27 proposal, and other assistance as needed. (b) Such other information as is generally available from CITY files applicable to the project. (c) Assistance, if necessary, in obtaining information from other governmental agencies or private parties. However, it shall be CONSULTANT'S responsibility to make all initial contact with respect to the gathering of such information. 5. OWNERSHIP OF DOCUMENTS: All documents, originals, graphic exhibits and correspondence developed or received during the course of the survey shall become the property of the CITY and shall be delivered to the CITY. 6. STATUS: CONSULTANT is an independent contractor and shall not be deemed, directly or indirectly, to be an officer or employee of the CITY. 7. AFFILIATION: During the length of the St. Vincent's/Silveira Opportunities and Constraints Study, no member or affiliate of the CONSULTANT or CONSULTANT team shall be an employee of a property owner of the two properties involved in the Study. 8. TERMINATION: (a) The CITY reserves the right to terminate this Agreement at any time by providing written notification to the CONSULTANT. Should said notification be received by the Consultant, all work under this Agreement shall terminate, except for what minor work is required to provide the City with a clear understanding of work completed and work remaining. (b) CITY shall pay CONSULTANT all sums then due and unpaid under this Agreement, including sums for work not completed, but in preparation. Payment by CITY of such compensation shall be considered full and final settlement for all work performed by the CONSULTANT under this Agreement. (c) Upon receipt of final payment, all materials and documents, whether finished or not, shall become the property of and shall be delivered to the CITY. (d) It is mutually understood and agreed that this Agreement shall be binding upon the CITY and upon the CONSULTANT, their successors, executors, or administrators. Neither this Agreement nor any part thereof, nor any monies due or to become due under this Agreement may be assigned by the CONSULTANT without the written consent of the CITY. 9. NOTICES OF DESIGNATED REPRESENTATIVES: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph 9. The below named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: CITY: Jean Hasser, City of San Rafael Planning Department, PO Box 151560, San Rafael, CA 94915-1560 415-485-3085 CONSULTANT: William Roop or Katherine Flynn, Archaeological Resource Service, 1250 Holm Road, Suite C, Petaluma 94954-1172 Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee 48 hours after deposit thereof in the United States mail, postage prepaid and property addressed as set forth above. 10. INSURANCE: With respect to performance of work under this agreement, CONSULTANT shall maintain insurance as described below: (a) General Liability Insurance: Commercial or Comprehensive General Liability insurance covering bodily injury and property damage utilizing an occurrence policy form, in an amount no less than $1,000,000 combined single limit for each occurrence. Said insurance shall include, but not be limited to: premises and operations liability, property damage liability, and personal injury liability. (b) Automobile Liabilitv Insurance: Insurance covering bodily injury and property damage in an amount no less than $1,000,000 combined single limit for each occurrence. Said insurance shall include coverage for owned, hires and non -owned vehicles. (c) Worker's Comvensation Insurance: CONSULTANT shall be required to maintain full workers' Compensation Insurance for all persons employed directly in carrying out the work specified herein, in accordance with provisions of the State of California Labor Code. (d) Endorsements: Each said comprehensive or commercial general liability and automobile liability insurance policy shall be endorsed with the following specific language: 1) The CITY, its officers and employees, is named as additional insured for all liability arising out of the operations by or on behalf of the named insured in the performance of this Agreement. 2) This policy shall not be cancelled without first giving 30 days prior written notice to the CITY. 3) This policy shall not be cancelled or materially changed without first giving 30 days prior written notice by the insurer to the CITY by certified mail. 4) The CITY, its elected officials, officers, employees, and agents are named as additional insureds for all liability arising out of the operations by or on behalf of the named insured in the performance of this agreement. 11. INDEMNIFICATION Consultant agrees to hold CITY harmless from and against liability arising out of CONSULTANT negligence in connection with the performance of the work described in the attached April 27, 1992 proposal "Archaeological Field Survey, St. Vincent's and Silveira Property". 12. ASSIGNMENT: No Assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part, by CONSULTANT without prior written consent of CITY. 13. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 14. ARBITRATION: All claims or disputes between the CITY and the CONSULTANT relating to this Agreement shall be decided by artitration in accordance with the rules of the American Arbitration Association, conducted in Marin County under the laws of the State of California. The decision of the arbitrator shall be final and binding on the parties. In interpreting the provisions of this Agreement, the arbitrator may make an award of costs and fees, including attorney's fees necessitated by arbitration. 15. ALTERATIONS: This Agreement may be modified, as necessary, for the successful and timely completion of the services to be provided. Any alteration shall be expressed in writing, as an amendment to this Agreement and shall be approved by both parties. ENTIRE AGREEMENT: This Agreement supercedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing, and signed by all parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: CONSULTANT �� 1 ATTEST: CITY 01 i Clerk City Manager -L77 APPROVED AS TO FORM -t�- City Attorney �� CITY OF SAN RAFAEL 1400 FIFTH AVENUE, P.O. BOX 151560, SAN RAFAEL, CA 94915-1560 PHONE. (415) 485-3100/FAX: (415) 459-2242 April 27, 1992 ARCHAEOLOGICAL FIELD SURVEY, ST. PROPERTY A. INTRODUCTION MAYOR LAWRENCE E. MULRYAN COUNCIL MEMBERS ALBERT J. BORO DOROTHY L. BREINER MICHAEL A. SHIPPEY JOAN C. THAYER VINCENT'S AND SILVEIRA The City of San Rafael is conducting an Opportunities and Constraints Analysis for the St. Vincent's/Silveira Study Area which is expected to lead to a General Plan Amendment. The Council has appointed a 24 member Advisory Committee to evaluate constraints existing in the Study Area and make recommendations regarding the location, amount, and type of various land uses for the property. An archaeological survey is being solicited at this time to provide timely information for land use decision making. The archaeological survey, as well as other information, such as habitat resources, geotechnical considerations, etc., will provide important information to be used in making land use recommendations. The study area is approximately 1,200 largely undeveloped acres east of Highway 101 between San Rafael and Novato. (See map). Much of this property was historic bay or bay marshlands, with the estimated edge of Bay being slightly west of the railroad tracks for the St. Vincents property and slightly east of the railroad tracks for the Silveira property. We request that the archaeologist conduct a literature search and archaeological field survey of the historic upland, portions of the site. While the survey may focus on the flatter areas (approx 460 acres) west of the railroad tracks where known sites are located and the Silveira parcel (87 acres) east of the tracks, we request that the consultant also survey the upland hillside areas (approx 130 acres.) The consultant is to provide the following information: • A report detailing the type and extent of archaeological resources, and recommendations for preservation, types of allowable development and mitigations. The City has maps which identify several known sites in this area. We expect the archaeologist to conduct a literature check and provide maps of sites located. C. TIME FRAME To provide timely information to the committee, we require report completion within 4 weeks of the signing of a contract. •A staff recommendation to award the consultant contract will go to the City Council on May 4, 1992 *The consultant will then have 3 weeks, or until May 26 to prepare an administrative draft report for staff review by May 29. •A final report will then be due by June 4. The consultant would be expected to present findings and answer questions at the June 11 Advisory Committee meeting. D. COSTS Cost of the study is not to exceed $3,000. E. INFORMATION AVAILABLE 1. 1991 aerial photo of study area with USGS topographic information added. 2. San Rafael General Plan "Historic Baylands" map 3. 1991 Marin Municipal Water District Draft EIR for water supply project which included an archaeological reconnaisance along a pipeline alignment through the property 4. Advisory Committee staff report on generalized site archaeological resources 5. Map in Planning Department office locating identified archaeological sites Mailing Address is: City of San Rafael Planning Department, P. O. Box 151560, San Rafael, CA 94915-1560. FAX #459-2242 ST. VINCENTS, SILVEIRA AND LAS GALLINAS VALLEY SANITARY DISTRICT PROPERTIES -v, 64.372-T sti� Hamilton 7-� 5W O 21 (0 7 Ac. 4,9 Z Ac. Boundary San Rafael planning Area 58.09AC. 7. 1A11 C43 127OAc*- Aa INX I 65. Act SL vincents-CYO 2 22 Vince San Pablo B, r ZI. 4 6 5.4 Act r.Lsuay. 41 2 BZ09A 768 C, Aq. 17 py,Can rara 16 3.1-84 j ..., I � 44 Silveira G q trod 12 Property Statistics 320 acres west of RR 410 acres east of RR and west of LGVSD property 130 wetland acres east of LGVSD property (Existing School campus uses approximately 40 acres) Silveira totals 344 acres 246 acres west of RR 87 acres east of RR north of Honor Farm 11 acres east of RR around Honor Farm Las Gallinas ValIev Sanitary District (LGVSD) totals 390 acreq 6.5 acres around plant site 384 acres of ponds and wastewater farm irrigation area