HomeMy WebLinkAboutHabitat Restoration Sciences Inc; 2016-05-03; TRAN1423TRAN1423
AGREEMENT FOR PLANT ESTABLISHMENT AND MAINTENANCE SERVICES
FOR LA GRAN VIA CMP REPLACEMENT PROJECT PWS16-19TRAN
HABITAT RESTORATION SCIENCES, INC.
/Jr£J EEMENT is made and entered into as of the ,J day of
--r--'-+--fzl"--¥---' 2016, by and between the CITY OF CARLSBAD, a municipal
cor orat n, 'City"), and HABITAT RESTORATION SCIENCES, INC., a California corporation,
("Contracto ).
RECITALS
City requires the professional services of a landscape maintenance contractor that is
experienced in plant establishment on a hydroseeded slope. Contractor has the necessary
experience in providing these professional services, has submitted a proposal to City and has
affirmed its willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in Exhibit "A", attached and incorporated by this reference in
accordance with the terms and conditions set forth in this Agreement.
2. TERM
This Agreement will be effective for a period of six (6) months from the date first above written.
3. COMPENSATION
The total fee payable for the Services to be performed will be four thousand dollars ($4,000.00).
No other compensation for the Services will be allowed except for items covered by subsequent
amendments to this Agreement. City reserves the right to withhold a ten percent (1 0%) retention
until City has accepted the work and/or the Services specified in Exhibit "A."
4. PREVAILING WAGE RATES
Any construction, alteration, demolition, repair, and maintenance work, including work performed
during design and preconstruction such as inspection and land surveying work, cumulatively
exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws.
The general prevailing rate of wages, for each craft or type of worker needed to execute the
contract, shall be those as determined by the Director of Industrial Relations pursuant to the
Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the
California Labor code, a current copy of applicable wage rates is on file in the office of the City
Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all
such workers employed by him or her in the execution of the Agreement. Contractor and any
subcontractors shall comply with Section 1776 of the California Labor Code, which generally
requires keeping accurate payroll records, verifying and certifying payroll records, and making
them available for inspection. Contractor shall require any subcontractors to comply with Section
1776.
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5. STATUS OF CONTRACTOR
Contractor will perform the Services as an independent contractor and in pursuit of Contractor's
independent calling, and not as an employee of City. Contractor will be under the control of City
only as to the results to be accomplished.
6. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City 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 negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that this
section will survive the expiration or early termination of this Agreement.
7. INSURANCE
Contractor will obtain and maintain policies of commercial general liability insurance, automobile
liability insurance, a combined policy of workers' compensation, employers liability insurance, and
professional liability insurance from an insurance company authorized to transact the business of
insurance in the State of California which has a current Best's Key Rating of not less than "A-:VII";
OR with a surplus line insurer on the State of California's List of Approved Surplus Line .Insurers
(LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-
admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest
quarterly listings report, in an amount of not less than one million dollars ($1,000,000) each,
unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor
will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-
made coverage. The insurance will be in force during the life of this Agreement and will not be
canceled without thirty (30) days prior written notice to the City by certified mail. City will be named
as an additional insured on General Liability which shall provide primary coverage to the City. The
full limits available to the named insured shall also be available and applicable to the City as an
additional insured. Contractor will furnish certificates of insurance to the Contract Department,
with endorsements to City prior to City's execution of this Agreement.
8. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
9. COMPLIANCE WITH LAWS
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment and will obtain and maintain a City of Carlsbad Business License
for the term of this Agreement.
10. TERMINATION
City or Contractor may terminate this Agreement at any time after a discussion, and written notice
to the other party. City will pay Contractor's costs for services delivered up to the time of
termination, if the services have been delivered in accordance with the Agreement.
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11. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of
false claims as set forth in the California False Claims Act, Government Code sections 12650, et
seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges
that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this
Agreement.
12. JURISDICTIONS AND VENUE
Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes
between the parties arising out of this Agreement is the State Superior Court, San Diego County,
California.
13. ASSIGNMENT
Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become
due under it, without the prior written consent of City.
14. AMENDMENTS
This Agreement may be amended by mutual consent of City and Contractor. Any amendment will
be in writing, signed by both parties, with a statement of estimated changes in charges or time
schedule.
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15. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
HABITAT RESTORATION SCIENCES,
INC., a California CO!£~ratio_~
By:
i Vllvtt p (~S) ~
(print name/titli)
s_u%~~-
(sign here)
/?,;b-/ ;I}~ Seuel-erv
(print name1title) /
Patrick A. Thoma.s/1 1 Public Works Director
as authorized by the City Manager
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a corporation, Agreement must be signed by one corporate officer from each of the following
two groups:
Group A.
Chairman,
President, or
Vice-President
Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
(. I_ /.-.-·-~~~"",
By: 1</(.J::?.c;u..:/C/VO
Deputy City Attorney
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EXHIBIT "A"
SCOPE OF SERVICES
Perform Plant Establishment on a hydroseeded slope per the following addition to the Standard
Specifications for Public Works Construction "Greenbook".
801-6 MAINTENANCE AND PLANT ESTABLISHMENT. For hydroseeded areas, median
planting and mitigation area, The Contractor shall maintain said areas for period of no less than
120 days or until final acceptance of the project, whichever is the greater.
Mowing is not required for hydroseeded areas. The Contractor shall provide complete landscape
maintenance of all planted areas. The work shall include, but not be limited to, watering, litter control,
weed control, stake repair, cultivating, supplementary fertilization, repair of irrigation systems, and
control of diseases and pests. Only licensed personnel will be permitted to perform toxic spraying
work. During the plant establishment period, the Contractor shall furnish sufficient workers and
equipment weekly to perform the work required by this section. The Contractor shall maintain the
temporary irrigation for hydroseeded areas for a minimum of 120 days (4 months) to ensure
adequate plant establishment.
Towards the end of the maintenance period, the Contractor shall gradually reduce the amount of
irrigation to allow plant adaptation to non-irrigated conditions. Upon the approval of the engineer, the
temporary irrigation system shall be shut off at the end of the maintenance period. The Contractor
shall call for a final inspection 30 days before the end of the maintenance period and at the end of
the maintenance period.
Services shall be invoiced monthly at the following rate:
Month 1 $1,000
Month 2 $1,000
Month 3 $1,000
Month 4 $1,000
TOTAL (not to exceed) $4,000
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?\J)S \Lo .... \0\-1\'Z-l>'~ ftl75t01-~ Exhibit "A"
Approximate-
Item QuantttY Unit Price Total Amount
~ D§scriDtjon ~ (Figures) (F~ures}
A-13 Weed Eradication {2 $ 41000.00 $ 100().oo
treatments) at
Four Thousand Dollars
(Price in Words)
A·14 .120-0ay Plant Establishment 4Mo $ . 1,000.00 $ 4,000.00
Period (4 Months) at
Four Thousand Dollars
(Price in Words)
A-15 Mobilization) at LS $ 10,000.00 $ 10,000.00
Ten Thousand Dollars
{Price in Words)
A-16 Install Maintenance Road 1LS $ 5,000.00 $ 5,000.00
Access Control Gate at
Ei~ ThQ.U~WJ!l Ol.lllm:a
(Price in Words)
Total amount of bid In words for Schedule "A•:
Total amount of bid In numbers for Schedule "A": $.~9.:;:c5,,;;:.1;:;.;1 O;.;..o;;.;;o;.__ ___ ,.--__
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). 1 and 2 has/have been received and is/are included In this proposal.
The Undersigned has carefully checked all of the above figures and understands that the City will not
be responsible for any error or omission on the part of the Undersigned in preparing this bid.
The Undersigned agrees that ln oase of default in executing tn& required ·Contract with necessary
bonds and Insurance policies wfthln twenty (20) days from the date of award of Contract ~Y the City
Council of the City of Carlsbad, the City may administratively authorize award of the contract to the
second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
, The Undersigned bidder declares, under penalty of pe~ury, that the undersigned is licensed to do
business or act in the capacity of a contractor within the State of California, validly licensed under
license number 824455 , classification A, B, C27, C8 which expires on 9/30/1~ and that this
statement Is true and correct and has the legal effect of an affidavit.
A bid submitted to the Crty by a Contmctor who Is not licensed as a contractor pursuant to the Business
and Professions Coda shall .. be considered nonresponsive ~d .$hall be rejected by the City
§ 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be Invalidated
0 Revised 316115 . Contract No. §OOZ. Page11 of 173 Pages