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HomeMy WebLinkAboutHabitat Restoration Sciences Inc (HRS); 2012-10-03; UTIL889UTIL889 AGREEMENT FOR VEGETATION AND SEDIMENT REMOVAL SERVICES (HABITAT RESTORATION SCIENCES, INC.) THIS AGREEMENT is made and entered into as of the \^ ^ day of tl7^ J:^P^/Z 2012, by and between the CITY OF CARLSBAD, a municipal corporation, C'Clty"), and HABITAT RESTORATION SCIENCES. INC., (HRS), a California corporation, ("Contractor") for vegetation and sediment removal services. RECITALS A. City requires the professional services of a contractor that is experienced in vegetation and sediment removal in habitat areas. B. Contractor has the necessary experience in providing professional services and advice related to vegetation and sediment removal. The two locations are: (1) Kelly trapezoid channel located at Kelly Dr. and Park Dr., and (2) Tamarack trapezoid channel located at Tamarack Avenue and Pontiac Dr. C. Contractor 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 attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for four (4) additional one (1) year periods or parts thereof in an amount not to exceed thirty thousand dollars ($30,000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5 COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be thirty thousand dollars ($30,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". City Attorney Approved Version 2/17/12 Incremental payments, if applicable, should be made as outlined In attached Exhibit "A". There will be no price increases for the term of the contract/agreement 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's Independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election. City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9- 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. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an City Attorney Approved Version 2/17/12 Insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VH". OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". lO 'l Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage wili not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, Its officers, agents and employees make no representation that the limits of the Insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate. Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal Injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile Is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 / Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits <^not less than $1,000,000 per claim. Coverage must be maintairied for^ period of five year^ollowing the date of completion ofthe work. X If box is checked, Professional Liability City's Initials ^>^^^^^^pi^z^f% Initials insurance requirement Is waived. 10.2. Additional Provisions. Contractor will ensure that the policies of Insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occun^ence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This Insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. City Attorney Approved Version 2/17/12 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement Insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly Identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or Its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Clay Dobbs Name Peter Trotta Title Utilities Supervisor Title Corporate Officer Department Utilities Address HRS. 4901 Ei Camino Real, Suite D City of Carlsbad Carlsbad, CA 92008 Address 5950 El Camino Real Phone No. 760-479-4210 Carlsbad, CA 92008 Email ptrotta(@hrs.dudek.com Phone No. 760-438-2722 Fax 760-479-4190 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. City Attorney Approved Version 2/17/12 16. 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 Confiict of interest Code. The Contractor shall report investments or interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which In any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware ofthe requirements ofthe Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with ail applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outiining the disputes will be fonwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties Involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained In this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee City Attorney Approved Version 2/17/12 payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty. City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or othenwlse recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seg.. the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of Information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, Including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction Is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried In a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for 1 a change of venue in these proceedings to any other county. 1 24. SUCCESSORS AND ASSIGNS j It is mutually understood and agreed that this Agreement will be binding upon City and I Contractor and their respective successors. Neither this Agreement or any part of it nor any I monies due or to become due under It may be assigned by Contractor without the prior consent i of City, which shall not be unreasonably withheld. I 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, I along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of j conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor j any of its provisions may be amended, modified, waived or discharged except in a writing I signed by both parties. City Attorney Approved Version 2/17/12 26. 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 corporation CITY OF CARLSBAD, a municipal corporation ofthe State of California By: • City Monogor or Mayor or Division Director as authorized by the City Manager (sign here) (pfm\ name/titl^ / 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: RONALD R. BALL, City Attorney City Attorney Approved Version 2/17/12 BOARD RESOLUTION OF HABITAT RESTORATION SCIENCES DULY PASSED on September 11, 2012 APPOINTMENT OF OFFICERS RESOLVED, that the following persons are elected to the offices indicated next to their names to serve until their successors shall be duly elected, unless he or she resigns, is removed from office or is otherwise disqualified from serving as an officer of this corporation, to take their respective offices immediately upon such appointment: Office Name President Mark Girard Vice President Kevin DeSabatino Secretary Andrew Thomson Chief Financial Officer Dave Carter Assistant Secretary Pete Trotta RESOLVED FURTHER, that the officers of this corporation are, and each acting alone is, hereby authorized to do and perform any and all such acts, Including execution of any and all documents and certificates, as such officers shall deem necessary or advisable, to carry out the purposes and Intent ofthe foregoing resolutions. RESOLVED FURTHER, that any actions taken by such officers prior to the date ofthe foregoing resolutions adopted hereby that are within the authority conferred thereby are hereby ratified, confirmed and approved as the acts and deeds of this corporation. It Is hereby certified by the undersigned that the foregoing resolution was duly passed by the Board of Directors of the above-named Company on the 11th day of September 2012, in accordance with the Memorandum or By- Laws and Articles of Incorporation ofthe Company and the laws and by-laws governing the Company and that the said resolution has been duly recorded In the Minute Book and is In full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand as such Secretary, and affixed the corporate seal ofthe said corporation, this day of September 19, 2012. Andrew Thomson, Secretary Corporate Seal EXHIBIT "A" SCOPE OF SERVICES • Remove aii debris, vegetation, and sediment • Army of engineers specification for pure excavation • Haul all material to a City specified location using a sealed or diapered truck • Completed within 72 hours of start date • The city will provide traffic control and resource agency permits as necessary City Attorney Approved Version 2/17/12 Exhibit A Location: channel at Kelly Drive and Park Drive Searches j Metadata Exhibit A Too,s ^ €^ €4 <5 Q tl IScale 1: 2,863.01 GO Location: channel at Tamarack Avenue and Pontiac Drive August 15, 2012 2012-94 Sherri Howard City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Proposal for Kelly Drive Annual Maintenance, Carlsbad Dear Ms. Howard: Habitat Restoration Sciences, Inc. (HRS) is pleased to submit this proposal for Kelly Drive Annual Maintenance Services. The cost estimate and scope of work are provided below. This proposal covers the cost for clearing the concrete drainage channel (approximately 900 If) at the comer of Kelly Drive and Park Drive in Carlsbad. Excavation includes the removal of all sediment debris and vegetation. HRS will use an excavator and plywood to protect the road/sidewalk and then clear all vegetation that is over the concrete ditch. HRS trucks will be lined to avoid leaking onto the streets. A turbidity screen will be used to catch silt. HRS will then remove the biomass and sih from the ditch and dispose of the material at a City approved landfill. This scope of work covers labor and materials, and is based upon our understanding of the project requirements as provided by the City of Carlsbad and jobsite walk through. Additional services required beyond this scope of work would need to be negotiated between HRS and the client accordingly. HRS is a full-service native habitat restoration landscape contracting firm, holding State of Califomia A General Engineering & C-27 License No. 842661, providing the following construction, maintenance and management services: •Habitat restoration/mitigation installation & plant establishment maintenance. •Tree cutting/clearing and brush management. •Irrigation (i.e. both temporary and permanent) installation. •Planting, seeding and hydroseed installation. •Pest control advisory services and herbicide treatment programs. •Plant salvaging, seed collection and specialty plant propagation services. •Open space management and maintenance services. •Preserve area long-term maintenance services. HRS staff has successfully performed habitat restoration installation and maintenance services for over 20 years with multiple projects that have obtained agency sign-off Lie A & C-27 #842661 4901 El Camino Real Suite D (760) 479-4210 office HRS.DUDEK.COM Carlsbad, CA 92OO8 (76O) 479-4190 fax Sherri Howard Subject: Proposal for Kelly Drive Annual Maintenance, Carlsbad. Because HRS specializes exclusively in habitat restoration and working in natural areas, our crews are well trained and experienced with native species and controlling invasive exotic weeds. We take an Integrated Pest Management (IPM) approach to weed control, and use the most effective, economical, and environmentally friendly methods and materials. HRS has a Pest Control Business License and several HRS staff members hold a Qualified Applicator License (QAL). Cost Estimate Removal of sediment, debris and vegetation from concrete lined drainage channel (approx. 900 If) Excavation per Army Corps of Engineers specifications All materials hauled in lined trucks to City designated dumpsite Remove and replace chain link fence as needed Total $14,952.00 All fees will be billed fixed fee and invoiced monthly, up to and not to exceed total for this phase of the work of $14,952.00. This total for this phase of the work would not be exceeded without client approval. ASSUMPTIONS: HRS assumes non-prevailing wages. City of Carlsbad to provide traffic control, dump fees, street sweeping and permit fees. EXCLUSIONS: This proposal does not include stump grinding, permit fees, water costs, water meter fees, hazardous materials removal, coring, boring, or breaking nor the removal of palm, eucalyptus trees and/or castor bean. This proposal does not include the creation of any SWPPP plans. Please review the scope of work and associated costs and we would be happy to address any questions you might have regarding these proposed services. We are pleased you have considered HRS for proposed Kelly Drive Annual Maintenance Services in 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 me at (760) 479-4210 or via email at ptrotta(fl)hrs.dudek.com. or my cell phone at (760) 419-6506. Sincerely, HABP^T RESTORATION SCIENCES, INC. Peter Trotta, Corporate Officer Habitat Restoration Specialist License A & C-27 #84266 SKSSTTWII OS 2012-94 IlijLiCo 2 August 2012 August 15,2012 2012-95 Clayton Dobbs City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Proposal for Vegetation and Silt Removal Near Pontiac Drive, Carlsbad Dear Mr. Dobbs: Habitat Restoration Sciences, Inc. (HRS) is pleased to submit this proposal to the City of Carlsbad (City) for Cattail and Silt removal in the concrete ditch located near Pontiac Drive in Carlsbad. The cost estimate and scope of work are provided below. This proposal covers the cost for clearing silt and vegetation from a 3,000 If section along in the concrete drainage channel just east and west of Pontiac Drive along Tamarack Avenue in Carlsbad. HRS will use an excavator and plywood to protect the road/sidewalk and then clear all vegetation that is over the concrete ditch. Vegetation will be removed by hand with hedgers and saws. The City will provide and pay dumpsite fees, traffic control and all permits necessary to complete the project. HRS trucks hauling materials will be lined to prevent spills onto streets. A turbidity screen will be used to catch silt. HRS will then remove the biomass and silt from the ditch and dispose of the material at a City approved landfill. This scope of work covers labor and materials, and is based upon our understanding of the project requirements as provided by the City and jobsite walk through. Additional services required beyond this scope of work would need to be negotiated between HRS and the client accordingly. HRS is a full-service native habitat restoration landscape contracting firm, holding State of Califomia A General Engineering & C-27 License No. 842661, providing the following construction, maintenance and management services: •Habitat restoration/mitigation installation & plant establishment maintenance. •Tree cutting/clearing and brush management. •Irrigation (i.e. both temporary and permanent) installation. •Planting, seeding and hydroseed installation. •Pest control advisory services and herbicide treatment programs. •Plant salvaging, seed collection and specialty plant propagation services. •Open space management and maintenance services. •Preserve area long-term maintenance services. Lie A & C-27 #842661 4901 El Camino Real Suite D (760) 479-4210 office HRS.DIJDEK.COM Carlsbad, CA 92008 (760) 479-4190 fax Clayton Dobbs Subject: Proposal for Vegetation and Silt Removal near Pontiac Drive. HRS staff has successfully performed habitat restoration installation and maintenance services for over 20 years with multiple projects that have obtained agency sign-off Because HRS specializes exclusively in habitat restoration and working in natural areas, our crews are well trained and experienced with native species and controlling invasive exotic weeds. We take an Integrated Pest Management (IPM) approach to weed control, and use the most effective, economical, and environmentally friendly methods and materials. HRS has a Pest Control Business License and several HRS staff members hold a Qualified Applicator License (QAL). Cost Estimate Silt and vegetation removal from concrete lined drainage channel approximately 3,000 If in length Excavation per Army Corps of Engineers specifications All materials hauled in lined trucks to City designated dumpsite Remove and replace chain link fence as needed Total $14,176.00 All fees will be billed fixed fee and invoiced monthly, up to and not to exceed total for this phase of the work of $14,176.00. This total for this phase of the work would not be exceeded without client approval. ASSUMPTIONS: HRS assumes non-prevailing wages. City of Carlsbad to provide traffic control, dump fees, street sweeping and permit fees. EXCLUSIONS: This proposal does not include stump grinding, permit fees, water costs, water meter fees, hazardous materials removal, coring, boring, or breaking nor the removal of palm, eucalyptus trees and/or castor bean. This proposal does not include the creation of any SWPPP plans. Please review the scope of work and associated costs and we would be happy to address any questions you might have regarding these proposed services. We are pleased you have considered HRS for proposed services near Pontiac Drive in 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 me at (760) 479-4210 or via email at ptrotta@hrs.dudek.com. or my cell phone at (760) 419-6506. Sincerely, HABP^T RESTORATION SCIENCES, INC. Peter Trotta, Corporate Officer Habitat Restoration Specialist License A & C-27 #84266 ^^^^ 2012-95