HomeMy WebLinkAboutHabitat Restoration Sciences Inc; 2010-06-08; PWENG766PWENG766
AGREEMENT FOR MAINTENANCE, MONITORING AND REPORTING SERVICES
FOR THE LAKE CALAVERA PRESERVE 1-ACRE MITIGATION PROJECT
(HABITAT RESTORATION SCIENCES, INC.)
THIS AGREEMENT is made and entered into as of the X day of
uvfl— 2010, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and HABITAT RESTORATION SCIENCES, INC., a California
corporation, ("Contractor").
RECITALS
A. City requires the professional services of a landscape maintenance firm
that is experienced in maintaining, monitoring, and reporting services for native habitat
restoration, as required by resource agency permits.
B. Contractor has the necessary experience in providing professional
services and advice, including the services of a qualified restoration ecologist, related to
habitat maintenance and monitoring and reporting services.
C. Selection of Contractor is expected to achieve the desired results in an
expedited fashion.
D. 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" and in accordance with the bid
proposal form, 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 five (5) years from the date
first above written. The City 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 fifteen
thousand dollars ($15,000) 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.
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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 sixty seven thousand dollars ($67,000) as bid and shown in Schedules "A" and
"B". 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". 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
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. PREVAILING WAGES 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 Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section
1773.2 of the Labor Code, a current copy of the 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 execution of the contract.
8. 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
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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.
9. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
10. 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.
11. 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-:VM". 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".
11.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless City Attorney or City 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. 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.
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11.1.1 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.
11.1.2 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.
11.1.3 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.
11.1.4 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.
11.2. Additional Provisions. Contractor will ensure that the policies of insurance
required under this Agreement contain, or are endorsed to contain, the following
provisions:
11.2.1 The City will be named as an additional insured on General
Liability.
11.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
11.2.3 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.
11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution
of this Agreement, Contractor will furnish certificates of insurance and endorsements to
City.
11.4 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.
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11.5 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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 Kyle Lancaster Name Mark Girard
Title Parks Superintendent Title President
Department Parks and Recreation Address 650 Alpine Way
City of Carlsbad Escondido. CA 92029
Address 799 Pine Avenue Phone No. 760-479-4210
Carlsbad. CA 92008
Phone No 760-434-2941
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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.
17. CONFLICT OF INTEREST
City will evaluate Contractor's duties pursuant to this Agreement to determine whether
disclosure under the Political Reform Act and City'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 City Clerk those schedules
specified by City 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 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 City an affidavit disclosing this interest.
18. 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.
19. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
20. 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 outlining the disputes will be forwarded to the City
Manager. The City Manager will consider the facts and solutions recommended by each
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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.
21. 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 payable under this Agreement. City will make the
final determination as to the portions of tasks completed and the compensation to be
made.
22. 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 otherwise recover, the full amount of the fee, commission,
percentage, brokerage fees, gift, or contingent fee.
23. 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 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 City seeks to recover penalties pursuant to the False Claims Act, it is
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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.
24. 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 a change of venue in these proceedings to any
other county.
25. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City 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 City, which shall not be unreasonably withheld.
26. 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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27. 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 of the State of California
(sign here)City Manager or Mayor
(print name/title)
ATTEST:
(sign here)
(print nam'e/title)/.ORF^lNE
/City rk
(e-mail address)
' v •*• " \x*
If required by City, proper notarial acknowledgment of execution by contractor""10'
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
By: $ cx^L/v v_^V\ ~^^
Deputy City Attbfney
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EXHIBIT "A"
SCOPE OF SERVICES
PROJECT DESCRIPTION:
The project limits are in the Lake Calavera area in the Northeast part of
Carlsbad, south of Sky Haven Lane in Oceanside. The project consists of two
components:
1. The first component is a 5-acre non-irrigated restoration area that is
funded by a SANDAG TransNet Environment Mitigation Program (EMP) grant.
The 5-acre area consists of coastal sage scrub (CSS) habitat planted from seed
using the imprinting method, and will require maintenance and monitoring for a
period of three (3) years.
2. The second component is a 1-acre site that serves as mitigation for the
Lake Calavera Trails Master Plan. The 1-acre non-irrigated habitat restoration
site consists of CSS habitat planted from seed using the imprinting method, and
planted with cuttings of both coast cholla (Opuntia prolifera) and prickly pear
cactus (Optunia littoralis), and California Adolphia (Adolphia californica) planted
from 1-gal containers. This site will require maintenance and monitoring for a
period of five (5) years.
Habitat Restoration Sciences, Inc. (HRS) will perform monftoring and reporting
services as outlined in Section 6.2 of the Diegan Coastal Sage Scrub Restoration
Plan for each project component. HRS will also perform landscape maintenance
functions during the 3 or 5 year maintenance and monitoring period.
The restoration projects have been designed to use rainfall to establish coastal
sage scrub habitat. The goal of the restoration effort is to obtain growth with the
least amount of irrigation as possible. However, if determined by post-
establishment monitoring that supplemental irrigation is necessary, irrigation by
water truck may be required.
HRS may be interfacing with the following agencies. City of Carlsbad (CITY),
California Department of Fish & Game (CDFG) and the U.S. Fish & Wildlife
Service (USFWS). Additionally, the consultant will be coordinating with the open
space manager under contract by the City (Center for Natural Lands
Management) and with the City's HMP Preserve Steward.
Long-Term Monitoring
Long-term monitoring will include both qualitative and quantitative data
collection to measure the long-term success of the restoration project. EEvery
year, qualitative monitoring shall occur monthly during the growing season
(March through June) and will continue quarterly for the remainder of the year
(September and December) to assess the overall condition of the native
plants (e.g., signs of stress or pest damage, percent cover, species mortality,
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etc.) and to detect potential problems (e.g., weeds, erosion, etc.).
Quantitative monitoring shall occur annually during peak growth (May) as
described in the Restoration Plans (years 1-3 for the 5-acre restoration site
and years 1-5 for the 1-acre restoration site) to determine if the restoration
effort meets the required performance standards for each project component.
Quantitative monitoring shall be conducted by using permanent transects
using the methods described in the Restoration Plan, or equivalent (if
approved by the City). If success criteria are not met for a given year,
corrective actions shall be implemented by the contractor immediately. The
contractor shall provide plant material and seed replacement annually, as
recommended by the restoration ecologist.
Maintenance
Maintenance visits shall occur at a minimum of every two weeks for the first
six (6) months of the project and a minimum of monthly for the remainder of
Year 1. During Year 2, site visits will occur monthly. Site visits for Years 3 to
5 (Year 3 for the 5-acre component and Years 3 to 5 for the 1-acre
component) shall occur every other month.
Maintenance visits are for determining work as needed to meet the
maintenance and monitoring requirements and does not infer that one visit
every two weeks or monthly is sufficient to carry out the associated
maintenance activities that will need to be performed, such as weeding,
watering, fertilizing, etc.
The restoration ecologist shall direct and monitor the maintenance activities
and determine remedial actions to ensure that proper and appropriate
maintenance occurs on a timely basis. Weed control and herbivory/predator
control are particularly important maintenance issues that often require
ongoing attention from maintenance personnel. Weed abatement shall be
performed on a weekly basis for six months and then bi- or tri-monthly, or as
determined necessary by the restoration ecologist to meet the success
criteria outlined in the Restoration Plan for each project component, for the
remainder of the maintenance/monitoring period.
Maintenance activities will include trash removal, vandalism control and
erosion control. The maintenance contractor shall be responsible for
replacing torn or broken construction fencing, silt fences, and/or signage
during the maintenance period. Replacement signs will be provided by the
City.
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Therefore, the Contractor shall:
1. Provide all labor and materials, except where otherwise indicated in this
agreement, and supervise the performance of the work.
2. Perform all work necessary and incidental to the orderly performance of the work.
3. 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 City Project Manager prior to
work starting.
4. Supervisor
The Contractor shall provide at least one English-speaking superintendent and
one on-site foreman that have direct project experience with long term
maintenance of coastal sage scrub restoration projects. The foreman shall be
thoroughly familiar with all aspects of mitigation maintenance work including the
following areas of specific maintenance knowledge and certifications that are
considered mandatory for this project:
• Ability to identify upland native and non-native species in seedling and
mature stages of growth development
• Knowledge of a range of weed control methods including manual
removal, chemical applications (various application techniques), and
mechanical options
• Qualified Applicator's License with Aquatic (F) and Right of Way (C)
categories
• Knowledge and practical understanding of Best Management Practices
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Knowledge of coastal sage scrub vegetation annual growth and
dormancy cycles and water requirements
4. 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 City Project Manager if the Contractor desires to work outside hours or at
any time during weekends and/or holidays.
5. 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 City Project
Manager 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 City Project
Manager 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
Wetland/Riparian Habitat
Year 1 & 2 - monthly
Year 3 - every two months
Year 4 & 5 - every three months
6. Emergency Call Out Procedures
Emergency Call Out Procedures. Within fifteen (15) working days after the date
of this agreement, Contractor shall submit to the City Project Manager or his
designated representative for approval, a procedure for emergency response on
nights, weekends and holidays.
7. Acceptance of Landscaping
Acceptance of Landscaping. Contractor acknowledges having examined the
habitat restoration/enhancement sites to be maintained pursuant to this
agreement and accepts them "as is". The Contractor without prior approval of
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the City Project Manager shall make no changes in the accepted conditions of
the facilities.
8. Pre-project Walk-Through
A. Final Plant Establishment Walkthrough. The restoration biologist and the
City landscape architect and landscape contractor will walk the site at the
end of the 120-day plant establishment period completed with current
contract with Habitat West. 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".
9. Regularly Scheduled Work
A. Irrigation. This plan relies on rainfall to germinate and establish the
desired Coastal Sage Scrub (CSS) vegetation. Should rainfall prove to
be below average and inadequate during the rainy season following
seeding, the Landscape Contractor may be asked to provide
supplemental water to the restoration area via water trucks. Watering
would be dependent on the weather conditions occurring during the first
two years of the maintenance period. The optional watering, at an
additional expense, would only occur at the recommendation of the
restoration ecologist and with the approval of the City of Carlsbad. The
contractor shall submit a per occurrence price for watering the restoration
area by water truck. This Extra Work Item is included in the bid package.
Vehicular access to the site can be provided through the SDGE easement
on the east side of Sky Haven Lane, south of Serena Avenue in
Oceanside, CA. Contractor shall be responsible for coordination of any
Right-of-Entry Permits with the utility company and for obtaining access to
the project site on the SDG&E access road. Contractor is not authorized
to drive off of the existing access road or trails and shall confirm with the
land manager where parking while on site is to be permitted.
B. Fertilizing. Fertilizer shall be kept to a minimum and used with written
request by the monitoring biologist to the City Project Manager and
authorized in writing by the City Project Manager.
C. 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
to accomplish this objective are subject to approval by the City Project
Manager 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.
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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.
D. Reseeding. Any site shall be re-seeded as required by the restoration
biologist with consultation to the City Project Manager or his designated
representative, at Contractor's expense, if the City Project Manager
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 City Project Manager or his designated
representative. Re-seeding shall be accomplished per the specifications
onDWG411-6A.
General Counsel Approved Version #05.06.08
E. 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 City Project Manager 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 411-6A.
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. AH
plants will be replaced in-kind unless otherwise specified by the
restoration biologist.
F. 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 Contractors' employees
shall be attired in approved safety gear at all times and traffic control shall
be as outlined by the City Project Manager. 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 tinne.
G. 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.
10. 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.
General Counsel Approved Version #05.06.08
7
11. 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.
12. 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.
13. 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 City
Project Manager 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.
14. Progress Reports
MRS shall submit separate annual monitoring reports according to the
requirements of the Restoration Plan for each project component. Three
years of reporting is required for the 5-acre site and five years of reporting is
required for the 1-acre site. Annual reports shall be submitted to the City by
January 31 of each year.
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:
General Counsel Approved Version #05.06.08
8
• 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.
15. 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.
General Counsel Approved Version #05.06.08
9
16. Payment Schedule - 5-acre Site
Year 1 Maintenance, Monitoring & Reporting $12,600.00
Supplemental Watering $500.00
Year 1 Total $13,100.00
Year 2 Maintenance, Monitoring & Reporting $11,900.00
Supplemental Watering $500.00
Year 2 Total $12,400.00
Year 3 Maintenance, Monitoring & Reporting $12,400.00
Supplemental Watering $500.00
Year 3 Total $12,900.00
Year 4 Maintenance, Monitoring & Reporting $12,500.00
Supplemental Watering $500.00
Year 4 Total $13,300.00
Year 5 Maintenance, Monitoring & Reporting $14,600.00
Supplemental Watering $1.000.00
Year 5 Total $15,600.00
Payment Schedule - 1-acre Site
Year 1 Maintenance, Monitoring & Reporting $35,200.00
Supplemental Watering $1.000.00
Year 1 Total $36,200.00
Year 2 Maintenance, Monitoring & Reporting $31,400.00
Supplemental Watering $1,000.00
Year 2 Total $32,400.00
Year 3 Maintenance, Monitoring & Reporting $34,400.00
Supplemental Watering $1.000.00
Year 3 Total $35,400.00
CONTRACT TOTAL $171,000
General Counsel Approved Version #05.06.08
10
EXHIBIT "B"
RATE SCHEDULE
Table I presents the HRS and Dudek schedule of charges for employees that could be newJetl fur
thii pnoject. Equfprrwnt rharges and additional expmses are detailed after TaMe I. Please note Clwc
this is a special schedule of :twjes rate sheet spccifitilly deigned for this project anrt includes,
discounted billing rares for both HRS and Dudek staff to demonstrate cost effectiveness far these
City project?, These rates ire reflected in the Wits provided on the Bid Proposal Forms,
TABLE I. RATE SCHEDULE; LANDSCAPE HAINTENANCE PREVAILING WAGE
Employe*
AlisairJrO MeSdlOf
Gilberto Chsvarria
Jesus Avina
RlcsrtD SalHEir
Gfnsro MandragDn
Edgar A. Cerda
AlwraHn
ftl A. Ahiarada
FranriscD HaTiandez
Flt'Ai Sancfisz Ltte
Jorge Cs*nx™
Jcse Garcia
Jogs M*hnr
RcdalfD dfeJdiui
RuUlio ccrte:
Antonio Rwirft?
Fffnarjte A^tiinn
Mark Qrarf Jr.
Raul MwalK
M.gues eon?
Ass'stait ManterwreBLabcfier
Assetait Ms'ntanance Laborer
Assistant MBntensncs Laborer
Aisistani MaJnienoice Lsfcwer
Assiilsnl Mainisnancs Laborer
Aaisiarit Meirrtenance laborer
AssiaWil Msilltenanca Laborer
AssislanriMantenanDB Laborer
Assistent MaintBraoceLatorer
Asastent Mainterarrte (Latxirer
ftssistsnt Maintarance Laborer
Assislaiil Ma'ntenanoa Laborer
Assistant Kfe"nte(wio3 Latrt^r
Ajiiiial'it J^intenanca Latortr
fesislsnt Mairflenanc* Labofs
Assistant Maintenance LatKirer
^ssfejteil Maintanance Laborer
Assistant Manten«fl« Uhorar
A-ssisiant Mainiensrics LStxirw
.issisiiii it M3ln1e(ia«a Latorer
Maint&nancs Uborer
Mantergince Labtnsr
Maintenance LatK>-«r
Mamianance Laborer
Maintenance Labors-
Maintenance latorer
S2a.Qftihr
$20.0fthr
S20.061!*
j2D.OB.1ir
SiO.UU'hf
121.01-hr
S20.0a'hr
SXJ-Whf
S2t.«Mw
(SO.CC.'hr
521.CB>Hf
32l.CP.inr
S21.HI»r
S24.DO'hr
S27.GO.Tir
Cltivera Preserve HatxDt Restoration and Mitigation 29
11 General Counsel Approved Version #05.06.08
RATE SCHEDULE
Employee
Etijie ROSES
Joaep.i Arosiigui
Try*) Durham
HRSAdmiriflralw Staff
Kevin Mcrrijon
Kevin ^sabrtinG
JOft Stafford
PeteTrotta
tort* Gitfrd
&>/av Timterlate {Oudek)
Fcreiran
J58.W
SenirrPrcjiKl Manager
S65.«r/
Pro-fcno
Dyjg Getting* (Duds<)
Arrfmw Thcmsoo (Duil$k)
Mcrissl HOr (Dwiekj
.tohn Winrhh {tXxtek)
DuUBkGIS''eraplllcS Ta*.
DudBk Cleircal Awlstenl
Dudei-.McntorifgSuff
HabiQt Kssloraion Speclellsl I .'Morvtor
Hatitst Rteteiiion Specialist II.'Monitor
Ha6itat R«KK5aljon Specialist IV /Monitor
Habits! RestOrStan Ssedellsl Pi'jtiobgjst
Urban Forester/Fira Speaafet
Senior Projact MansgcwH^ita! Rsslnrab'an Speciallsl'RLA No. 222S
Environ. Special IV
bVord Processing
ftnHVehicIe Use Charges
Dump Trailer— , - -.- -•
Mule — - - - -
CAT 277/303/242/314... _...- ,.-.., _._ $435,m,'diy
Water Truck._ ,„_, — ,., -,.„,..,..,„
Koli-olf I ruck.-$600.00,'db.y plus tipping fcc
Eister-gtmey and Holidays - Minimum chaise uf 2 hours will be billed at 13 times the normal
ma. Sundays are daubk time at 2.0 wncs nor-nal rase.
Material and Oiiciids Services - Hcrbkielcs, r-en=l olf sfrtcial equipment, specal fcncmj or
signsge rnatttrials, outsice data processing and compucer services, etc, arc charjad at 1. 10 trnes
the dii~ecc cost.
TYa <e I Expsiiiai - Mileage at $3.50 per mil e.
Effective January ) , 201 0
Lake Calavera Preserve Hsbit^t Re:ccirrrriQn and Mr
General Counsel Approved Version #05.06.08
12
BID PROPOSAL FORM
(Negotiated Price 4-28-10)
Lake Calavera 1-acre Mitigation Site
The Annual and Monthly Unit Prices contained this Bid Proposal Form are to be filled out
and provided with the proposal by those bidding on the Maintenance, Monitoring and
Reporting Services for the Lake Calavera Preserve 1-acre Mitigation Site. The dollar
amounts provided in the "Monthly Bid Price" categories will be used as the basis for
monthly payments to the selected contractor.
Extra work for supplemental watering will be included in the contact amount. Payments
for supplemental watering made to CONTRACTOR will be based on the
CONTRACTOR'S actual supplemental watering performed for the City, consistent with
the terms and conditions of the contract documents for supplemental watering. Extra
Work is not guaranteed.
Note: This agreement is subject to prevailing wage laws, Labor Code Section 1770
et.seq.
The undersigned declares he/she has carefully examined the locations of the work, read
the Request for Proposal, examined all specifications, and hereby proposes to furnish all
labor, materials, equipment, transportation, and services required to do all the work in
accordance with the specifications of the City of Carlsbad, and the General Provisions
and that he/she will take in full payment therefore the following unit prices for each item
complete, to wit:
Schedule A (Negotiated Price 4-28-10)
Schedule "A" - Total Amount for five (5) years of Habitat Maintenance. Monitoring and
Reporting Services on the Lake Calavera Preserve 1-acre mitigation site as outlined in
the RFP.
Unit Price per Total Annual
Item Month Amount
No. Description Duration (Figures) (Figures)
A-1
A-2
A-3
A-4
A-5
Year 1 Maintenance,
Monitoring and Reporting
Year 2 Maintenance,
Monitoring and Reporting
Year 3 Maintenance,
Monitoring and Reporting
Year 4 Maintenance,
Monitoring and Reporting
May 15, 2010 to $ 1,050.00
May 14, 2011
May 15, 2011 to $ 991.66
May 14, 2012
May 15, 2012 to
May 14,2013
$ 1.033.33
May 15, 2013 to $ 1,041.66
May 14, 2014
Year 5 Maintenance,
Monitoring and Reporting
May 15, 2014 to $ 1,216.66
May 14, 2015
Maintenance, Monitoring and Reporting Services for the Lake Calavera Preserve 1-acre
Mitigation Site 1
$ 12,600.00
$ 11,900.00
$ 12,400.00
$ 12.500.00
$ 14,600.00
Unit Price per Total Annual
Item Month Amount
No. Description Duration (Figures) (Figures)
Total amount of Contractor's bid in words for Schedule "A":
Sixty four thousand dollars
Total amount of Contractor's bid in numbers for Schedule "A": $ 64,000.00
Schedule B - Extra Work (Negotiated Price 4-28-10)
Schedule "B" - Per occurrence price for supplemental watering on the Lake Calavera
Preserve 1-acre mitigation site as outlined in the RFP.
Estimated Unit Price per
Item Number of Occurrence Total Amount
No. Description Occurrences (Figures) (Figures)
B Supplemental watering for 12 $ 250.00 $ 3,000.00
one (1) acre of habitat occurrences
mitigation area by water
truck.
Total amount of Contractor's bid in words for Schedule "B":
•-Ssvefl-thousand, two-hi.ViCTi°^a~Ptxfv-dollars
Total amount of Contractors bid in numbers for Schedule "B": $ 3,000.00
Total amount of Contractor's bid in words for Schedules "A" and "B":
Sixty seven thousand dollars
Total amount of Contractor's bid in numbers for Schedules "A" and "B": $ 67,000.00
Price(s) given above are firm for 90 days after date of proposal opening.
Addendum (a) No(s). N/A has/have been received and
is/are included in this proposal.
Maintenance, Monitoring and Reporting Services for the Lake Calavera Preserve 1-acre
Mitigation Site 2
The Undersigned has checked carefully all of the above figures and understands that the
City will not be responsible for any error or omission on the part of the Undersigned in
preparing this proposal.
The Undersigned agrees that in case of default in executing the required City Contract
with the necessary insurance policies within twenty (20) calendar days from the date of
award of agreement by the City, the City may at its option and without providing further
notice to the apparent best value Contractor administratively authorize the award of the
contract to the Best Value Contractor's in descending rank.
Mark Girard. President
Print Name Title
Signature
Fax Number 760.479.4183
Phone No. 760.479.4210
Cell No. 760.519.7230
Firm Habitat Restoration Sciences, Inc.
Address 650 Alpine Way
City, State, Zip Escondido. CA 92029
Auth. Signature
Print Name Mark Girard
Title President Date 4/28/2010
Maintenance, Monitoring and Reporting Services for the Lake Calavera Preserve 1-acre
Mitigation Site 3