HomeMy WebLinkAboutHabitat Restoration Science Inc; 2013-12-23;AGREEMENT FOR HABITAT RESTORATION AT EL CAMINO REAL AND KELLY DRIVE
HABITAT RESTORATION SCIENCES, INC.
THIS AGREEMENT is made and entered into as of the ,22^^^^ day of
L>CCe4yvh<^V^ , 20 13 , by and between the CARLSBAD
MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of
1911, and a Subsidiary District of the City of Cartsbad, ("CMWD"), and Habitat Restorafion
Sciences, Inc. , a corporafion, ("Contractor").
RECITALS
CMWD requires the professional services of a habitat restoration service that is
expenenced in restoration of native plants. Contractor has the necessary expenence in
providing these professional services, has submitted a proposal to CMWD and has affirmed its
willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, CMWD and Contractor agree as follows:
1. SCOPE OF WORK
CMWD 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 30 days from the date first above written.
3. COMPENSATION
The total fee payable for the Services to be performed will be Five Thousand Eight Hundred
Twenty Four dollars and 79 cents ($5,824.79). No other compensation for the Services will be
allowed except for items covered by subsequent amendments to this Agreement. CMWD
reserves the right to withhold a ten percent (10%) retention until CMWD has accepted the work
and/or the Services specified in Exhibit "A."
4. 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 CMWD. Contractor will be under the control of
CMWD only as to the results to be accomplished.
5. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless CMWD 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 CMWD incurs
or makes to or on behalf of an injured employee under the CMWD's self-administered workers'
compensafion is included as a loss, expense or cost for the purposes of this secfion, and that
this section will survive the expiration or earty termination ofthis Agreement.
General Counsel Approved Version 1/30/13
6. INSURANCE
Contractor will obtain and maintain policies of commercial general liability insurance, automobile
liability insurance, a combined policy of workers' compensafion, 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 rating in the Best's Key
Rafing guide of at least A-:VII OR with a surplus line insurer on the State of California's List of
Eligible Surplus Line Insurers (LESLI) with a rafing in the latest Best's Key Rafing Guide of at
least "A:X", in an amount of not less than one million dollars ($1,000,000) each, unless
otherwise authonzed and approved by the Risk Manager or the Executive Manager. Contractor
will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-
made coverage. The insurance will be in force dunng the life of this Agreement and will not be
canceled without thirty (30) days pnor written notice to CMWD by certified mail. CMWD will be
named as addifional insured on General Liability which shall provide pnmary coverage to
CMWD. Contractor will furnish certificates of insurance to CMWD with endorsements to CMWD,
pnor to CMWD's execution of this Agreement.
7. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Cartsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categones.
8. COMPUANCE WITH LAWS
Contractor will comply with all applicable local, state and federal laws and regulafions prohibiting
discnmination and harassment and will obtain and maintain a City of Carlsbad Business License
for the term of this Agreement.
9. TERMINATION
CMWD or Contractor may terminate this Agreement at any time after a discussion, and written
notice to the other party. CMWD will pay Contractor's costs for services delivered up to the time
of terminafion, ifthe services have been delivered in accordance with the Agreement.
10. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees it may be subject to civil penalfies for the filing of
false claims as set forth in the California False Claims Act, Government Code secfions 12650,
et seq., and Cartsbad Municipal Code Sections 3.32.025, et seq. Contractor further
acknowledges that debarment by another junsdicfion is grounds for CMWD to terminate this
Agreement.
11. JURISDICTIONS AND VENUE
Contractor agrees and stipulates that the proper venue and junsdiction for resolufion of any
disputes between the parties ansing out of this Agreement is the State Supenor Court, San Diego
County, California.
12. ASSIGNMENT
Contractor may assign neither this Agreement nor any part of it, nor any monies due or to
become due under it, without the pnor written consent of CMWD.
13. AMENDMENTS
This Agreement may be amended by mutual consent of CMWD and Contractor. Any
amendment will be in writing, signed by both parties, with a statement of esfimated changes in
General Counsel Approved Version 1/30/13
charges or time schedule.
14. 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, nght and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized
under the Municipal Water Act of 1911, and
a Subsidiary Distnct of the City of Cartsbad
By:
(onnt name/title)
Prooidont, Exocutivo Managor or Dirscttif:''"//,
^ •••••••• ^
(print name/title) ^CfOhLyy\^
ATTEST:
BARBARA ENGLESON
Secretary
If required by CMWD, proper notanal 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 certifled by the secretary or assistant
secretary under corporate seal empowenng the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, General Counsel
Assistant General Counsel
General Counsel Approved Version 1/30/13
Habitat Restoration Sciences, Inc.
4901 El Camino Real, Suite D Carisbad
CA 92008
Tel (760)479-4210 Fax (760)479-4190
www.hrsrestoration.com
HA"'I IAT Rf ' rou N'K.!?! <)r K ' !M
September 25, 2013
Project No: HI 136
Invoice No: 4608
City of Cartsbad
Attn: Don Wasko
5950 El Camino Real
Carlsbad, CA 92008
Project H1136 City of Carlsbad General Services
Professional gervicesfortthe Period;Auqustj 1^01
Phase 5 As Need Services
Kelly Dr and El Camino Real Work
Professional Personnel
Hours Rate Amount
Bardin, Matthew 9/6/2013 4.00 28.00 112.00
Bardin, Matthew 9/11/2013 8.00 28.00 224.00
DiSabatino, Kevin 8/22/2013 6.00 105.00 630.00
DiSabatino, Kevin 8/23/2013 2.00 105.00 210.00
Girard Jr., Mark 8/22/2013 8.00 28.00 224.00
Girard, Mark 8/22/2013 7.00 125.00 875.00
Sresovich, Ryan 8/22/2013 8.00 28.00 224.00
Sresovich, Ryan 9/6/2013 8.00 28.00 224.00
Sresovich, Ryan 9/10/2013 5.00 28.00 140.00
Sresovich, Ryan 9/11/2013 8.00 28.00 224.00
Sresovich, Ryan 9/12/2013 6.00 28.00 168.00
Sresovich, Ryan 9/13/2013 5.00 28.00 140.00
Trotta, Peter 8/22/2013 8.00 125.00 1,000.00
Totals 83.00 4,395.00
Total Labor
Reimbursable Expenses
9/17/2013 Palomar Transfer Station
Total Reimbursables
Yard waste/Com post
Unit Billing
9/25/2013
9/25/2013
CAT 305 Rental
Trucks Rentals
Total Units
1.0 CAT @ 440.00
5.0 Vehicle @ 68.00
649.79
649.79
440.00
340.00
780.00
4,395.00
649.79
Phase Total
780.00
$5,824.79
Total Project Invoice Amount $5,824.79