HomeMy WebLinkAboutHabitat Restoration Sciences Inc; 2010-03-09; PWENG752/<"""'-~~,
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AMENDMENT NO. 3 TO AGREEMENT FOR
ENVIRONMENTAL MAINTENANCE SERVICES
HABITAT RESTORATION SCIENCES, INC.
PWENG752
/ / /~.l;:lis f\n}~6J:ent No. 3 is entered into and effective as of the ,/ ({/ U{ay of
{);:"··c /t?~ 4 • ., _r·-, 2015, amending the agreement dated March 9, 2010 (the
"Agreement") 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 Carlsbad,
("CMWD"), and Habitat Restoration Sciences, Inc., a California corporation, ("Contractor")
(collectively, the "Parties") for maintenance services at Lake Calavera Dam Mitigation Sites.
RECITALS
A On May 13, 2013, the Parties executed Amendment No. 1 to the Agreement to add
irrigation to year 4 (October 2012 to September 2013) and for year 5 (October 2013 to September
2014); and
B. On December 16, 2014, the Parties executed Amendment No. 2 to the Agreement
to add maintenance, remedial planting and irrigation to year 6 (October 2014 to September 2015)
and for year 7 (October 2015 to September 2016); and
C. The Parties desire to alter the Agreement's scope of work to extend services at the
Lake Calavera Dam Mitigation Sites; and
D. The Parties desire to add prevailing wage language to the agreement as number
26 and subsequent numbers renumbered:
26. PREVAILING WAGE TO BE PAID
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 17732 of the
California Labor code, a current copy of applicable wage rates is on file in the office of the City
Engineer. The contractor to whom the contract is awarded 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
contract.
E. The Parties have negotiated and agreed to a supplemental scope of work and fee
schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of
Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, CMWD and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will provide those services described in Exhibit "A". With
this Amendment, the total annual Agreement amount shall not exceed twenty thousand dollars
($20,000).
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2. CMWD will pay Contractor for all work associated with those services described in
Exhibit "A" on a time and materials basis not-to-exceed two thousand dollars ($2,000) for year 6
within the term ending March 9, 2017. Contractor will provide CMWD, on a monthly basis, copies
of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and
costs for approval by CMWD.
3. Prevailing wage language is added to the Agreement.
3. Contractor will complete all work described in Exhibit "A" by October 15, 2016.
4. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
5. All requisite insurance policies to be maintained by Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
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6. The individuals executing this Amendment 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 Amendment.
CONTRACTOR
HABITAT RESTORATION SCIENCES,
INC., a California corporation
(print name/title)
By:
Peter F. Trotta I Assistant Secretary
(print name/title)
CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized
under the Municipal Water Act of 1911,
and a Subsidiary District of the City of
Carlsbad
By:
I Public Works Director
If required by CMWD, 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, General Counsel
By: v!-hzc.~t:e!:U~
A~t General Counsel Ptpu.:t:;
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September 15,2015
Sherri Howard, Associate Engineer
City of Carlsbad
1635 Faraday Ave.
Carlsbad, CA 92008
Exhibit "A"
2015-132b
Subject: Proposal for Soils Tests and Biowattle Removal/Installation at Lake
Calavera, Carlsbad, CA
Dear Ms. Howard,
Habitat Restoration Sciences, Inc. (HRS) is pleased to present the City of Carlsbad with this
proposal to provide remedial planting at Lake Calavera, Carlsbad, CA.
These prices for the tasks described below will be perfonned per the discussion on-site with
Sherri Howard from the City and Aaron Andrews of AECOM on August 28, 2015.
Task 1: HRS will perform a soil test at the project site. Soil analysis report will be reviewed and
recommendations for soil amendments will be provided to the City.
Task 2: HRS will insta11200 lf ofbiowattles and remove and dispose of the existing straw
wattles.
OS"'f ESTi~U.\1~1E
Task I: Soil Testing and Recommendations .............................................................................................. $500.00
Task 2: 200lf ofbiowattles and removal/disposal of existing wattles .................................................... $1,500.00
Total ..................................................................................................................................... $2,000.00
All fees will be billed on a time and materials basis and invoiced on a monthly basis, up to and not to exceed
total for this phase of the work of $2,000.00. The total for this phase of the work would not be exceeded
without client approval.
Ms. Sherri Howard
Proposal for Soils Tests and Biowattle Remova/!Jnstallation at Lake Calavera, Carlsbad, CA
s ~<~~ P n N s: HRS assumes State DIR Prevailing Wages.
f LU:!!:iONS~ This proposal does not include permit fees, water costs, water meter 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 traffic control.
Thank you for the opportunity to bid on this work for the City of Carlsbad. If you have any
questions regarding this scope of work, you can contact me at (760) 519-7230 or
mgirard@hrs.dudek.com.
Sincerely,
HABITAT RESTORATION SCIENCES, INC.
Habitat estoration Contractor
A, C-27 License# 842661
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2015-132b
September 2015
AGREEMENT FOR ENVIRONMENTAL MAINTENANCE SERVICES
(HABITAT RESTORATION SCIENCES, INC.)
THISHEEMENT is made and entered into as of the yz
day of , 2010, by and between the CARLSBAD
MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal
Water Act of 191 1, and a Subsidiary District of the City of Carlsbad, referred to
as ("CMWD"), and HABITAT RESTORATION SCIENCES, INC., a California
corporation, ("Contractor").
RECITALS
A. CMWD requires the services of a maintenance firm that is
experienced in habitat restoration.
B. Contractor has the necessary experience in providing professional
services and advice related to environmental habitat restoration.
C. Selection of Contractor is expected to achieve the desired results in
an expedited fashion.
D. Contractor 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 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
date first above
Agreement will be effective for a period of five (5) years from the
written. The Executive Manager may amend the Agreement to
extend it for two (2) additional one (1) year periods or-parts thereof in an amount
not to exceed twenty thousand dollars ($20,000.00) per Agreement year.
Extensions will be based upon a satisfactory review of Contractor's performance,
CMWD needs, and appropriation of funds by the CMWD Board of Directors. 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.
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5. COMPENSATION
The total fee payable for the Services to be performed during the initial
Agreement term will be one hundred eight thousand two hundred dollars
($108,200.00) as defined in Exhibit "A" - Payment Schedule. 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 andlor
Services specified in Exhibit "A.
Incremental payments, if applicable, should be made as outlined in attached
Exhibit "A.
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 CMWD. Contractor will be under control of CMWD only as to the
result to be accomplished, but will consult with CMWD as necessary. The
persons used by Contractor to provide services under this Agreement will not be
considered employees of CMWD for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and
complete compensation to which Contractor is entitled. CMWD will not make
any federal or state tax withholdings on behalf of Contractor or its agents,
employees or subcontractors. CMWD 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 CMWD and
the City of Carlsbad within thirty (30) days for any tax, retirement contribution,
social security, overtime payment, unemployment payment or workers'
compensation payment which CMWD may be required to make on behalf of
Contractor or any agent, employee, or subcontractor of Contractor for work done
under this Agreement. At CMWD's election, CMWD 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 CMWD. If Contractor subcontracts any of the Services, Contractor
will be fully responsible to CMWD 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 CMWD.
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 CMWD.
8. OTHER CONTRACTORS
CMWD reserves the right to employ other Contractors in connection with the
Services.
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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 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-:VII",
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:X1'.
10.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated
below, unless the General Counsel or Executive Manager approves a lower
amount. These minimum amounts of coverage will not constitute any limitations
or cap on Contractor's indemnification obligations under this Agreement. CMWD,
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 .I Commercial General Liabilitv 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 CMWD). $1,000,000 combined single-limit per accident for
bodily injury and property damage.
10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers'
Compensation limits as required by the California Labor Code. Workers'
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Compensation will not be required if Contractor has no employees and provides,
to CMWD's satisfaction, a declaration stating this.
10.1.4 Professional Liability. Errors and omissions liability appropriate
to Contractor's profession with limits of not less than $1,000,000 per claim.
Coverage must be maintained for a period of five years following the date of
completion of the work.
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 CMWD and the City of Carlsbad will be named as an
additional insured on General Liability.
10.2.2 Contractor will obtain occurrence 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 CMWD sent by certified mail pursuant to the Notice provisions of
this Agreement.
10.3 Providing Certificates of lnsurance and Endorsements. Prior to CMWD's
execution of this Agreement, Contractor will furnish certificates of insurance and
endorsements to CMWD.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these
insurance coverages, then CMWD 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 CMWD to obtain or maintain insurance
and CMWD 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. CMWD 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 CMWD during normal business hours to examine,
audit, and make transcripts or copies of records and any other documents
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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 CMWD. 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 CMWD. 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
CMWD and Contractor relinquishes all claims to the copyrights in favor of
CMWD.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive
written notice on behalf of CMWD and on behalf of Contractor under this
Agreement.
For CMWD: For Contractor:
Name Sherri Howard Name Mark Girard
Title Associate Engineer Title President
Carlsbad Municipal Water District Address 650 Alpine Way
Address 1635 Faraday Avenue Escondido, CA 92029
Carlsbad, CA 92008 Phone No. 760-51 9-7230
Phone No. 760-602-2756 E-Mail mairard@hrs.dudek.com
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.
16. CONFLICT OF INTEREST
CMWD will evaluate Contractor's duties pursuant to this Agreement to determine
whether disclosure under the Political Reform Act and CMWD's Conflict of
Interest Code is required of Contractor or any of Contractor's employees, agents,
or subcontractors. Should it be determined that disclosure is required,
Contractor or Contractor's affected employees, agents, or subcontractors will
complete and file with the Secretary of the Board those schedules specified by
CMWD and contained in the Statement of Economic Interests Form 700.
Contractor, for Contractor and on behalf of Contractor's agents, employees,
subcontractors and consultants warrants that by execution of this Agreement,
that they have no interest, present or contemplated, in the projects affected by
this Agreement. Contractor further warrants that neither Contractor, nor
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Contractor's agents, employees, subcontractors and consultants have any
ancillary real property, business interests or income that will be affected by this
Agreement or, alternatively, that Contractor will file with the CMWD an affidavit
disclosing this interest.
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 of the requirements of the 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 that the services required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all 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 CMWD 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 outlining the disputes will be forwarded to the Executive Manager. The
Executive 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 Executive 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, CMWD may terminate this Agreement for nonperformance by notifying
Contractor by certified mail of the termination. If CMWD decides to abandon or
indefinitely postpone the work or services contemplated by this Agreement,
CMWD 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 CMWD and all work in progress to CMWD address
contained in this Agreement. CMWD will make a determination of fact based
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upon the work product delivered to CMWD and of the percentage of work that
Contractor has performed which is usable and of worth to CMWD in having the
Agreement completed. Based upon that finding CMWD 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 CMWD, Contractor
will assemble the work product and put it in order for proper filing and closing and
deliver it to CMWD. Contractor will be paid for work performed to the termination
date; however, the total will not exceed the lump sum fee payable under this
Agreement. CMWD 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, CMWD will have the right to annul this Agreement without liability,
or, in its discretion, to deduct from the Agreement price or consideration, or
otherwise 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 CMWD 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 CMWD, it
may be considered fraud and Contractor may be subject to criminal prosecution.
Contractor acknowledges that California Government Code sections 12650 gJ
seq, 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 CMWD
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
CMWD 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
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parties waive all provisions of law providing for a change of venue in these
proceedings to any other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon
CMWD and Contractor and their respective successors. Neither this Agreement
or any part of it nor any monies due or to become due under it may be assigned
by Contractor without the prior consent of CMWD, which shall not be
unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or
contemplated by it, 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 conflict, the terms of the Agreement
supersede the purchase order. Neither this Agreement nor any of its provisions
may be amended, modified, waived or discharged except in a writing signed by
both parties.
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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 CARLSBAD MUNICIPAL WATER
HABITAT RESTORATION DISTRICT, a Public Agency
SCIENCES, INC., a California organized under the Municipal Water
corporation Act of 191 1, and a SuJsidiary District
*By:
(sign h re)
rn~i~.Iein- w%com- designee
(print na'rneltitle)
(e-mail address)
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, General Counsel
By: -
~eputy'Generbl Counsel
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EXHIBIT "A"
SCOPE OF SERVICES
For the purposes of this agreement, the following shall be defined:
ACOE - US Army Corps of Engineers
CCC - California Coastal Commission
CDFG - California Department of Fish and Game
City - The City of Carlsbad
Engineer - The Public Works DirectorICity Engineer of the City of Carlsbad or hislher
approved representative. The Public Works DirectorICity Engineer is the third level of
appeal for informal dispute resolution.
Deputy City Engineer - The Project EngineerIProject Manager's immediate supervisor
and second level of appeal for informal dispute resolution.
Project EngineerlProject ManagerlProject Inspector - The Engineer's designated
representative for inspection, contract administration, and first level for informal dispute
resolution.
Senior Civil Engineer - The Project EngineerlProject ManagerIProject Inspector's
immediate supervisor and first level of appeal for informal dispute resolution.
Supe~isorlProject Contract Manager - The Contractor's on-site SupervisorICrew
Leader and designated contact with the Engineer. The Restoration Biologist may
assume the role of supervisor. The Contractor's SupervisorlCrew leader is authorized to
represent the Contractor at all meetings and on the site and is also authorized to author
any reports provided by the contractor.
USFWS - US Fish and Wildlife Service
RWQCB - Regional Water Quality Control Board
The Contractor shall:
1. Irrigation Water Costs
Assume all costs and fees for temporary water meter and permit fees for the first
three years of the long-term maintenance. Water costs will be paid time and
materials.
2. Provide all labor and materials, except where otherwise indicated in this
agreement, and supervise the performance of the work.
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3. Supervisor
Furnish a supervisor, who may be the foreman and make every effort to keep the
supervisor on-site when crews are working.
4. Perform all work necessary and incidental to the orderly performance of the work.
5. Work Hours
Work hours shall be between 7:00 a.m. and 5:00 p.m., Monday through Friday,
except City-observed holidays. The Contractor shall obtain the written approval
of the Engineer if the Contractor desires to work outside hours or at any time
during weekends and/or holidays.
6. Monitoring of Revegetation
The City has contracted with Planning Systems to provide biological monitoring
and reporting as required by project permits and the Habitat Revegetation,
Maintenance and Monitoring Program.
7. Scheduling and Inspection
A. Scheduling. Contractor shall prepare a bar chart schedule showing each
site and the milestones tasks. The bar chart shall be updated monthly
and submitted with the request for payment. No payment for the month
will be made until the updated schedule and related monitoring reports
are received. Preparation, revision and maintenance of the Schedule are
incidental to the work and no separate payment will be made.
B. Communication. The Contractor shall communicate with the Engineer at
a minimum of once a month in addition to providing the bar chart and
monthly progress report. Contents of the report following in Item 17:
Progress Report.
C. Inspection. A general inspection of each site with the Engineer or his
designated representative shall be made during the first week of each
month. Inspections shall be scheduled as follows:
Coastal Sage Scrub Habitat
Year 1 - monthly
Year 2 - every two months
Year 3 - every three months
WetlandIRiparian Habitat
Year 1 & 2 - monthly
Year 3 - every two months
Year 4 & 5 - every three months
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8. Emergency Call Out Procedures
Emergency Call Out Procedures. Within fifteen (15) working days after the date
of this agreement, Contractor shall submit to the Engineer or his designated
representative for approval, a procedure for emergency response on nights,
weekends and holidays.
9. Acceptance of Landscaping
Acceptance of Landscaping. Contractor acknowledges having examined the
habitat restorationlenhancement sites to be maintained pursuant to this
agreement and accepts them "as is". The Contractor without prior approval of
the Engineer shall make no changes in the accepted conditions of the facilities.
10. Walk-Through
A. Final Plant Establishment Walkthrough. The restoration biologist and the
City landscape architect and landscape contractor will walk the site again
at the end of the 120-day plant establishment period. Both parties will
certify as complete after all punchlist from the pre-final Plant
Establishment Walk-Through and any new items found during the final
walk-through are completed. Areas not certified as complete shall be
accepted "as is".
11. Certification Requirements
Contractor Certification Requirements. The Contractor must have the following
licensed staff working on the job:
A. Certified Landscape Technician - at all times.
B. State of California Pesticide Qualified Applicator Certificate for crew
leader during the application of pesticide.
C. State of California Pesticide Qualified Applicator License for supervisor
during the application of pesticide.
D. State of California Pest Control Advisor License on staff.
E. State of California Licensed Landscape Architect for restoration biologist
preferable.
Copies of the certificates are to be provided to the Engineer prior to work starting.
12. Regularly Scheduled Work
A. Irrigation. All plants shall be provided with sufficient irrigation water to
maintain a healthy appearance and condition and as appropriate for
habitat type. Irrigation system will be provided by City. Contractor shall
control clock programming and hand watering schedule in a manner that
will not cause unnecessary water run-off or ponding. Schedules will be
General Counsel Approved Version #05.06.08
12
prudently adjusted so as to not waste water. lrrigation will not normally
be performed during daylight hours on areas where the systems are
automatically controlled unless appropriate for habitat type. Any
exceptions shall be approved by the Engineer or his designated
representative, prior to watering. During rainy periods, it shall be the
Contractor's responsibility to secure irrigation systems.
B. lrrigation Systems Maintenance. Contractor shall trim around, clean and
adjust all sprinkler heads as necessary to ensure proper performance.
Contractor is also responsible for maintenance of automatic sprinkler
systems, including a monthly test activation of the system. For the
Cannon Road West and Olivenhain Road sites where the restoration
biologist is being provided by Planning Systems and not the Contractor,
the Contractor will provide the restoration biologist with the irrigation
system cycle start times and the length of each cycle for all valves in the
mitigation area. These times will be changed based on seasonal weather
conditions and plant needs as recommended by the restoration biologist.
When changes are made, the landscape maintenance Contractor will
provide the restoration biologist with written confirmation of the date and
time the changes were made.
C. lrrigation System Repair. Contractor is responsible for making repairs to
the irrigation system as follows: (Items 1 through 4 of this section do not
apply to time and material sites).
1. All minor repair labor.
2. Up to $50.00 per month per site of repair parts, with parts valued
at Contractor's actual cost.
3. Major repairs if Contractor submits an estimate to City within five
(5) working days and City agrees to the cost of repair. The City
reserves the right to make major repairs in any manner it chooses
if City does not accept the cost estimate, or Contractor does not
submit an estimate, or Contractor does not submit an estimate
within five (5) working days.
4. All repairs to the system shall be made according to the original
detail.
D. Ground Covers. All ground cover areas shall be kept free from debris
and weeds at all times. These areas shall be cultivated and weeded at
not more than ten (10) working day intervals during the first year of plant
establishment. Intervals may be lengthened as understory takes over.
E. Fertilizing. Fertilizer shall be kept to a minimum and used with written
request by the monitoring biologist to the Engineer and authorized in
writing by the Engineer.
F. Weed, Pest, and Disease Control. All sites shall be kept clear and free of
all weeds, pests, and diseases at all times. Methods and materials used
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13
to accomplish this objective are subject to approval by the Engineer or his
designated representative but are supplied by Contractor.
The restoration biologist and Contractor will monitor pest species
populations. An integrated Pest Management (IPM) approach will be
taken towards pest control, with control measures and prevention playing
major roles in suppressing or reducing pest species populations. Active
pest control measures will be implemented if a pest species poses a
competitive threat to native species establishment.
Weed Control - Weed control requires constant diligence by the
Contractor. The first two years of project establishment is the crucial
period for weed control. A 48-inch-wide plant-free band will be
maintained around all container plants and cuttings for the first two years
after planting. Throughout the rest of the project, the restoration biologist
will specify which weed species are to be controlled. Because of the
critical nature of weed control at the beginning of the project, the
Contractor may be held liable for reseeding if weeds are not controlled in
a timely basis, preventing the establishment of the intended species.
Weed control procedures will take place every ten (10) working days for
the first year and shall be carried out using only hand pulling. The
restoration biologist may increase the interval. More frequent control
measures will be performed as necessary or as recommended by the
restoration biologist to keep weeds at manageable levels. Weed control
will continue until the native plant material has gained dominance over
weed propagation as determined by the restoration biologist. The
Contractor should consult a licensed pest control advisor if specific pest
control recommendations are necessary.
The Contractor will give special attention to the control of invasive exotic
weed species in the wetland mitigation area. These species include, but
are not limited to, giant cane (Arundo donax), tamarisk (Tamarix sp.),
pampas grass (Coraderia sp.), castor bean (Ricinus communis), tree
tobacco (Nicotiana glauca), cocklebur (Xanthium strumarium), black
mustard (Brasssica nigra), fennel (Foeniculum vulgare), and gum tree
(Eucalyptus sp.). The restoration biologist may recommend other species
to be controlled.
The Contractor will give special attention to the control of invasive exotic
weed species in the coastal sage scrub mitigation and slope planting
area. These species include, but are not limited to, mustard weed and
sweet clover.
Insect and Disease Management - Insect plant pests, vertebrate pests,
and plant diseases will be monitored. Plants that are severely diseased
will be removed if directed by the restoration biologist. Species
substitutions may be required for plants infected with soil borne
pathogens, as the replacement plant is likely to become infected as well.
Keeping the plants in the mitigation area healthy during the establishment
period will be the primary method of avoiding most serious insect and
disease problems.
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14
G. Reseeding. Any site shall be re-seeded as required by the restoration
biologist with consultation to the Engineer or his designated
representative, at Contractor's expense, if the Engineer determines that it
is necessary due to negligence by Contractor. When re-seeding,
materials and horticultural practices used are subject to inspection and
approval by Engineer or his designated representative. Re-seeding shall
be accomplished per the specifications on DWG 41 1 -6A.
H. Tree and Shrub Replacement. Contractor shall replace, at his expense
any trees, shrubs, or ground cover which dies as a result of Contractor's
not fulfilling all requirements included in this scope of services. City shall
replace any trees, shrubs, turf, or ground cover which dies for reasons
other than Contractor's negligence. Size of trees and shrubs shall be
determined by Engineer or his designated representative; ground covers
shall be from flats. The landscape Contractor will be responsible for
planting all replacement container plants and seed at the specified
replacement dates defined by the restoration biologist. The restoration
biologist may recommend species substitutions or spot replacement
plants in different locations from the dead plant. The restoration biologist
will verify and document dead plant replacement and seeding. Planting
shall be per the specifications on DWG 41 1 -6A.
Dead and diseased plants will be flagged in the field by the restoration
biologist and a list will be provided to the Contractor for replacement.
Dead and diseased plants will be replaced annually during the fall months
until the completion of the five-year maintenance program. Replacement
plants will be installed and mulched. If plants fail to meet performance
milestones at the end of any given year, replacement plants may be one
of the remedial measures recommended by the restoration biologist. All
plants will be replaced in-kind unless otherwise specified by the
restoration biologist.
I. Traffic Controls. Contractor shall provide and display all safety devices
and traffic controls in accordance with City of Carlsbad standards at all
times when working in the public right-of-way. All Contractor's employees
shall be attired in approved safety gear at all times and traffic control shall
be as outlined by the Engineer. Failure to do so will result in an
immediate shutdown of activity by the City. Any work not accomplished
as a result of this shutdown shall be performed at another time with
proper safety devices at no additional expense to the City. It is not
anticipated that any of the sites will require traffic control at this time.
J. Safety. All equipment and machinery utilized by the Contractor while
performing work for the City shall be equipped and operated in such a
manner so as to conform to all applicable laws and regulations, including,
but not limited to, Cal-OSHA, concerning safety and operations.
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13. Erosion Control
No erosion is expected within the mitigation site. If erosion occurs in any of the
mitigation sites, the restoration biologist will assess the damage and
recommended remedial measures. Erosion of the adjacent slopes will also be
monitored by the restoration biologist. The restoration biologist may recommend
silt fencing to prevent sediment from being washed into the mitigation area. This
item will be paid for on a time and materials basis based on actual materials
costs and hourly rates designated in the agreement.
14. Trash Removal
The Contractor will remove all trash from the mitigation site at least monthly
throughout the 5-year maintenance period. Care will be taken that trash removal
activities minimize or avoid impacts to plants in the mitigation area. All dead
limbs and tree fall will be left in the mitigation sites. Weed debris will be removed
from the mitigation sites and disposed of legally offsite.
15. Access Control
No service vehicles will be allowed in the mitigation area at any time.
Maintenance access to the mitigation sites will be limited to the minimum
necessary for weed and trash removal. All vehicles will be parked outside the
mitigation sites at all times. No power tool fluids will be changed or added while
they are in the mitigation area. The Contractor will provide own lock for gated
sites.
16. Miscellaneous Items
A. All debris generated by the Contractor's activities shall be removed and
properly disposed of by the Contractor at his expense.
B. Dust or nuisance conditions occasioned by Contractor's work shall be
alleviated immediately.
C. Each of Contractor's working crews shall have a responsible leadperson
who may represent Contractor to discuss work results with the Engineer
or his designated representative.
D. All of Contractor's personnel performing the work of this contract shall
maintain appearance and uniforms in a manner acceptable to City
standards.
E. Large trash items shall be picked up by Contractor prior to moving.
F. Contractor shall install City provided signage as required. Signage
removed or vandalized shall be replaced immediately.
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17. Progress Reports
Monthly progress reports are required prior to the payment for each project every
month. The progress reports are to be a brief one page summary of the month's
activities. Each site will have its own report. These reports shall contain the
following information:
Date and number of report
Project name and number
Brief summary of the last month's activities
Weeding
Irrigation
Any other activities that occur that affect the site including, but not limited to:
visitors, vandalism, mitigation for vandalism, phone conversations, meetings
Take photographs once annually at the end of the growing season along all
ten vegetation monitoring transects.
Bar Chart of current and future site visits and milestones.
18. Project Description
A. Coastal Sane Scrub (CSS) Creation
The following sites are Coastal Sage Scrub Creation and Upland Restoration
Sites:
Plot 8 is located directly below the dam. Plots 9, 10 and 11 are located easterly
of the dam. Plots 9, 10 and 11 are accessed by an easement to SDG&E from
Cannon Road.
Plot Number
8
9
10
11
General Counsel Approved Version #05.06.08
17
Revegetation Type
Coastal Sage Scrub Restoration
Coastal Sage Scrub Restoration
Coastal Sage Scrub Restoration
Coastal Sage scrub Restoration
Acreage
0.13
0.54
0.37
0.16
The CSS creation target composition and seed mix are identified in the Habitat
Revegetation, Maintenance & Monitoring Program.
B. Wetland Creation
The following sites are Wetland Creation:
I1 I Riparian Slope CreationlCut-Slope Restoration 1 0.1410.07 1
-
Acreage Plot Number
2
Revegetation Type
3
All Plots are located off the road to the dam.
Riparian Slope CreationICut-Slope Restoration
4
C. Wetland Enhancement
0.1 110.06
Riparian Slope CreationlCut-Slope Restoration 0.1410.08
Riparian Slope CreationlCut-Slope Restoration 0.1210.04
The following sites are Wetland Enhancement:
Plot Number
6
All Plots are located off the road to the dam.
7
D. Freshwater Marsh Restoration
Revegetation Type
Waters of U.S. Enhancement
Acreage
0.10
Waters of U.S. Enhancement
17 I Freshwater Marsh Restoration 1 0.03 1
0.40
The following site is Freshwater Marsh restoration
Plot 7 is located below the dam.
Plot Number
General Counsel Approved Version #05.06.08
Revegetation Type Acreage
19. Meetings
A. Monthly Phone Conferences
Monthly phone conferences between Project Coordinator and the City's
Project Manager to review the progress of all programs under this scope
of work.
B. Prescheduled Site Meetings
Once every four months, in lieu of the phone conference, a formal
meeting will be held with the City's Project Manager and Biological
Monitor on-site. Trimester meetings will be held in February, June, and
November each year to best support annual botanical monitoring and
report production. Sufficient time would be allotted for these meetings to
allow for individual site visits. Meetings will be attended by Contractor's
Project Contract Manager and Coordinator. Meetings will be indicated on
project schedule.
C. Site Visit by Contractor
Contractor shall notify the City's Project Manager by e-mail at least 72
hours in advance of all maintenance and monitoring visits.
Contingency
The project will have a contingency of $5000 per year per the following Payment
Schedule.
General Counsel Approved Version #05.06.08
Payment Schedule
Year 1 (May 201 0 to September 201 0)
Maintenance (4 visits @ $1,800 per visit)
lrrigation (Time and Materials)
Contingency
Year 1 (May 201 0 to September 201 0) Total
Year 2 (October 2010 to September 201 1)
Maintenance (1 2 visits @ $1,500 per visit)
lrrigation (Time and Materials)
Contingency
Year 2 (October 2010 to September 2011) Total
Year 3 (October 201 1 to September 2012)
Maintenance (10 visits @ $1,500 per visit)
lrrigation (Time and Materials)
Contingency
Year 3 (October 201 1 to September 2012) Total
Year 4 (October 2012 to September 2013)
Maintenance (8 visits @ $1,500 per visit) $12,000
Remove lrrigation Maintain water meter for
herbicide use (Time and Materials) $ 5,000
Contingency $ 5,000
Year 4 (October 2012 to September 2013) $22,000
Year 5 (October 2013 to September 2014)
Maintenance (6 visits @ $1,500 per visit) $ 9,000
Remove and dispose of Fencing (Time and Materials) $ 5,000
Contingency $ 5,000
Year 5 (October 2013 to September 2014) Total $1 6,500
CONTRACT TOTAL $1 08,200
General Counsel Approved Version #05.06.08
20
EXHIBIT "B"
HOLIDAY SCHEDULE
JANUARY 2010 THROUGH DECEMBER 2010
New Year's Day
Martin Luther King Day
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans Day
Thanksgiving
Christmas
January 1
January 18
February 15
May 31
July 5
September 6
October 11
November 11
November 25, 26
December 24
General Counsel Approved Version #05.06.08
2 1
EXHIBIT "C"
SCHEDULE OF FEES
City of Carsbad
Long Term Mainteoance for Lake Ca/avera
I Remedial Improvement Project
I SECTION 10: RATE SCHEOULE
Habitat Restoration Sciences
2009 Standard Schedule of Charges
Landscape Maintenance Prevailing Wage
I
Emdavee
I Efrain Martinez
Flavio Sanchez Luis
I Francisco Marquez
George Gonzalez
Hermenegildo Garcia
I Jesus Chavez
Jorge Carmona
I Jose de Jesus Aquino
Jose Garcia
Jose Melchor
I Leobardo Sanchez
Luis Carrasco
Pedro Perez I Rodolfo Melchor
Rosendo Gomez
Rutilio Cortez
Adan Garcia
Antonio Ramirez
Daniel Yanez
Edgar Rojas
Eduardo Ambriz
Fernando Aquino
Francisco Camacho
Greg Diaz
Jamie Agurllon
Jesus Ramirez
Juan Yanez
Mark Girard Jr.
Moises Ambriz
Pedro Venegas
Ramon Gomez
Raul Morales
Iltlf
Assistant Maintenance Laborer
Assistant Maintenance Laborer
Assistant Maintenance Laborer
Assistant Maintenance Laborer
Assistant Maintenance Laborer
Assistant Maintenance Laborer
Assistant Maintenance Laborer
Assistant Maintenance Laborer
Assistant Maintenance Laborer
Assistant Maintenance Laborer
Assistant Maintenance Laborer
Assistant Maintenance Laborer
Assistant Maintenance Laborer
Assistant Maintenance laborer
Assistant Maintenance Laborer
Assistant Maintenance Laborer
Maintenance Laborer
Maintenance Laborer
Maintenance Laborer
Maintenance Laborer
Maintenance Laborer
Maintenance Laborer
Maintenance Laborer
Maintenance Laborer
Maintenance Laborer
Maintenance Laborer
Maintenance Laborer
Maintenance Laborer
Maintenance Laborer
Maintenance Laborer
Maintenance Laborer
Maintenance Laborer
Standard
$1 9.00/hr
$1 9.00/hr
$19.00/hr
$19.00/hr
$19.00/hr
$19.00/hr
$1 9.001hr
$1 9.00/hr
$1 9.00/hr
$1 9.00/hr
$1 9.001hr
$1 9.00/hr
$1 9.001hr
$1 9.00/hr
$1 9.00/hr
$1 9.001hr
$28.00/hr
$28.00/hr
$28.00/hr
$28.00/hr
$28.00/hr
$28.00/hr
$28.00/hr
$28.00/hr
$28.00/hr
$28.00/hr
$28.00/hr
$28.00/hr
$28.00/hr
$28.00/hr
$28.00/hr
$28.00/hr
General Counsel Approved Version #05.06.08
City of GarIsItad
Lung Term Maintenance for Lake Calavera
Remediaf Impmvement Pmject
Timoteo Reyes
Miguel Gonzalez-Oleo
Eddie Rosas
Kevin Morrison
Kevin Disabitino
John Stafford
Andrew Thomson
Pete Trotta
Michael Huff
Mark Girard
Maintenance Laborer
Foreman
AdministrationlClerical Support
Foreman
Operator/Supervisor
OperatorISupe~isor
Project Supervisor
Habitat Restoration SpecialistlBiologist
Senior Project Manager
Urban Forester
HRS President
$28.00jhr
$55.00/hr
$65.00/hr
$85.00lhr
$85.00/hr
$90.00/hr
$1 10.00lhr
$135.00/hr
$1 50.00lhr
$1 50.001hr
Pro-Bono
EquipmentlVehicles
............................................................................................................................. Truck Usage $65.00/day
Water TrailerIBuffalo ........................................................................................................ $65.00lday
............................................................................................................................... I Dump Trailer $65.00/day
Mule .............................................................................................................................................. $65.001day
CAT 2771303124213 14 ........................................................................................................ $435.00/day
........................................................................................................................ I Water Truck $435.00/day
Chipper .................................................................................................................................. $435.00/day
........................................................................................... I Rolloff Truck $6ay plus tipping fees
Emergency and Holidays - Minimum charge of two hours will be billed at 1.5 times the
I normal rate. Sundays are double time at 2.0 times normal rate.
I Material and Outside Services - Herb~cides, subcontractors, rental of special
equipment, special fencing or signage materials, outside data processing ana
computer services, etc., are charged at 1.10 times the direct cost.
I Travel Expenses - Mileage at 55 cents per mile.
I Effective - January 1,2009
General Counsel Approved Version #05.06.08