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HomeMy WebLinkAboutHabitat Restoration Sciences Inc; 2016-11-22; PKRC598CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT EROSION CONTROL GRADING AT LAKE CALAVERA PRESERVE CONTRACT PKRC598 ~ Tracking#: This letter will serve as an agreement between Habitat Restoration Sciences, Inc., a corporation (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to provide erosion control maintenance grading services on the access roads/trails on the south side of Lake Calavera Preserve, per the Contractor's proposal dated November 6, 2016 and City specifications, for a sum not to exceed four thousand nine hundred and fifty dollars ($4,950.00). This work is to be completed within thirty (30) calendar days after issuance of a Purchase Order. ADDITIONAL REQUIREMENTS 1. City of Carlsbad Business License 2. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its agents, officers, officials, employees and volunteers, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of this Contract or work; or from any failure or alleged failure of the contractor to comply with any applicable law, rules or regulations including those relating to safety and health; except for loss or damage which was caused solely by the active negligence of the City; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by this Contract, unless the loss or damage was caused solely by the active negligence of the City. The expenses of defense include all costs and expenses, including attorney's fees for litigation, arbitration, or other dispute resolution method. 3. Contractor shall furnish policies of general liability insurance, automobile liability insurance and a combined policy of workers compensation and Employers' Liability in an insurable amount of not less than one million dollars ($1 ,000,000) each, unless a lower amount is approved by the Risk Manager or the City Manager. Said policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also' be available and applicable to the City as an additional insured. Insurance is to be placed with California admitted insurers that have 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. Proof of all such insurance shall be given by filing certificates of insurance with contracting department prior to the signing of the contract by the City. 4. The Contractor shall be aware of and comply with all Federal, State, County and City Statues, Ordinances and Regulations, including Workers Compensation laws (Division 4, California Labor Code) and the "Immigration Reform and Control Act of 1986" (8USC, Sections 1101 through 1525), to include but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this Contract. 5. The Contractor may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government ~~d\ s~50, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. /II~~ : . .it 6. The Contractor hereby acknowledges that debarment by another jurisdictio~ounds f149the Ci of Carlsbad to disqualify the Contractor from participating in contract bidding. ~it i · / 7. 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. EROSION CONTROL GRADING AT LAKE CALAVERA PRESERVE CONTRACT PKRC598 - 1 -City Attorney Approved 2129/2016 Tracking#: 8. 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 workers employed by him or her in the execution of the work covered by this Letter of 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. 9. City Contact: Kasia Trojanowska. 760-434-2838 Contractor Contact: Mark Girard 760-519-7230 CONTRACTOR Habitat Restoration Sciences, Inc. 1217 Distribution Way Vista, CA 92081 . 760-4 79-421 0 mgirard@hrs.dudek.com ,/~ ----------- CITY OF CARLSBAD, a municipal corporation of the State of California By: Assista Ci y er, Deputy City Manager or Department Director as authorized by the City Manager By: Dated: /L~~ (sign here) {2(7fxv-l-~. M~ Seer~ (print name/title) ) U (Proper notarial acknowledgment of execution by Contractor must be attached. Chairm;:m, president or vice-president and secretary, assistant secretary, CFO or assistant treasure~ must sign for corporations. 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 BY: EROSION CONTROL GRADING AT LAKE CALAVERA PRESERVE CONTRACT PKRC59B - 2 --City Attorney Approved 2/29/2016 i ' I ! I I l I ! l I I i I I i I I November 7, 2016 Kasia Trojanowska, ASLA, LEED AP Park Planner City of Carlsbad 799 Pine A venue, Suite 200 Carlsbad, CA 92008-1949 HABITAT RESTORAl!ON $CI£NCt:S INC. 2016-160 Subject: Proposal for Erosion Control Maintenance Grading at the Calavera Preserve Road/Trail Dear Ms. Trojanowska, Habitat Restoration Sciences, Inc. (HRS) is pleased to present the City of Carlsbad with this proposal to provide erosion control maintenance grading services on the access roads/trails on the south side of the Calavera Preserve. The scope of services is based on information provided by you and observations made during our site walk on October 17, 2016. Task 1-Erosion Control Grading (labor, equipment and materials) The proposed work includes on-site grading using a Caterpillar tractor, a water truck and two operators. As discussed we will prioritize the two areas observed during the site walk. The first priority will be the steep slope area approximately half way down the hill. HRS proposes to regrade this area to fill erosion rills and enhance the existing water bars in order to divert surface flows into vegetated areas. Second priority will be the area higher on road. Water bar construction and refP"ading will be performed in this area as well. Any time remaining will be used, at the City's direction, to address the additional areas along the road and place rock provided by the City of Carlsbad, if requested. The cost provided includes two days with the crew and equipment referenced above. ITEM UNIT QTY Description Price NO. 1 Day 2 Labor/Equipment $2,4 75.00/day TOTAL (for 2 days) $4,950.00 All fees will be billed on a fixed fee basis and invoiced monthly based on the unit rates provided. HRS assumes that water from the existing meter that we use at Calavera will be available for this project or from another source provided by the City of Carlsbad. Assumptions: HRS assumes vehicle, equipment, and trailer access through the gate at the top of the road. A & C-27 LIC #842661 HRSRESTORATION.COM 1217 Distribution Way Vista, CA 92081 (760) 4 79-4210 office (760) 479-4190 fax Ms.Kasia Trojanowska Proposal for Erosion Control Grading at The Calavera Preserve South HRS assumes State Prevailing Wages apply. HRS assumes the areas will be dry enough for equipment access. Exclusions: This proposal does not include permit fees, electrical fees, hazardous materials removal, coring, boring, or rock breaking. This proposal does not include creation of SWPPP plans. This proposal does not include any tree removal. This proposal does not include any biological monitoring or preparation of progress and/or annual reports. This proposal does not include any GPS data collection associated with the maintenance grading. This proposal does not include any street sweeping or traffic control services. HRS will provide "Road Work Ahead" signs at the top and bottom of the work area. This proposal does not include any herbicide treatments. Thank you for the opportunity to bid on this work for the City of Carlsbad. This cost estimate is good for 30 days from the date on the proposal. If you have any questions regarding this scope of work, you can contact Kyle Matthews at (760) 310-4512 or kmatthews@hrs.dudek.com or me at (760) 519-7230 or mgirard@hrs.dudek.com. Sincerely, HABITAT RESTORATION SCIENCES, INC. ,President & eo=-FMntfer BHRS 2 2016-160 November 2016