HomeMy WebLinkAboutHABITAT RESTORATION SCIENCES INC; 2010-10-15;PUBLIC WORKS
LETTER OF AGREEMENT
6607 CORRUGATED METAL PIPE REPLACEMENT PROGRAM
This letter will serve as an agreement between Habitat Restoration Sciences, Inc. (Contractor)
and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor
necessary to perform installation of erosion control measures per the attached scope of work
labeled Exhibit A and City specifications, for a sum not to exceed two thousand seven hundred
dollars ($)2,700.00. This work is to be completed within fifteen working days after issuance of a
Purchase Order.
ADDITIONAL REQUIREMENTS
1. City of Carlsbad Business License
2. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and
hold harmless the City, and its agents, officers and employees, from all claims, loss, damage,
injury and liability of every kind, nature and description, directly or indirectly arising from or in
connection with the performance of this Contract or work; or from any failure or alleged failure
of the contractor to comply with any applicable law, rules or regulations including those
relating to safety and health; except for loss or damage which was caused solely by the active
negligence of the City; and from any and all claims, loss, damage, injury and liability,
howsoever the same may be caused, resulting directly or indirectly from the nature of the
work covered by this Contract, unless the loss or damage was caused solely by the active
negligence of the City. The expenses of defense include all costs and expenses, including
attorney's fees for litigation, arbitration, or other dispute resolution method.
3. Contractor shall furnish policies of general liability insurance, automobile liability insurance
and a combined policy of workers compensation and employers liability in an insurable
amount of not less than five hundred thousand dollars ($500,000) each, unless a lower
amount is approved by the City Attorney or the City Manager. Said policies shall name the
City of Carlsbad as a co-insured or additional insured. Insurance is to be placed with insurers
that have (1) a rating in the most recent Best's Key Rating guide of at least A-:V, and (2) are
admitted and authorized to transact the business of insurance in the State of California by the
Insurance Commissioner. Proof of all such insurance shall be given by filing certificates of
insurance with contracting department prior to the signing of the contract by the City.
4. The Contractor shall be aware of and comply with all Federal, State, County and City Statues,
Ordinances and Regulations, including Workers Compensation laws (Division 4, California
Labor Code) and the "Immigration Reform and Control Act of 1986" (8USC, Sections 1101
through 1525), to include but not limited to, verifying the eligibility for employment of all
agents, employees, subcontractors and consultants that are included in this Contract.
5. The Contractor may be subject to civil penalties for the filing of false claims as set forth in the
California False Claims Act, Government Cpde auctions 12650^ret seq.. and Carlsbad
Municipal Code Sections 3.32.025, etseq. / JA/1 init /'I init
6. The Contractor hereby acknowledges that debarmeint by another jurisdiction is grounds/for
the City'QfJyarlsbad to disqualify the Contractor fronry participating in contract bidding. V * _
init //// init
Revised 9/28/00
7. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this agreement is San Diego
County, California.
8. The general prevailing rate of wages, for each craft or type of worker needed to execute the
contract, shall be those as determined by the Director of Industrial Relations pursuant to the
Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of
the California Labor code, a current copy of applicable wage rates is on file in the office of the
City Engineer. 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.
TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE BELOW
AND RETURN TO:
Sherri Howard Utilities 1635 Faradav Avenue Carlsbad. CA 92008
(Project Mgr) (Department) (Address)
HABITAT RESTORATION SCIENCES. INC. 84661 C-27
(Name oflContractor) (Contractor's License Number)
l/kyr"~— ^>By: / \/\/ l< ""— Mark Girard. President
(Print Name and Title)
By: ///x/f-47/'' (^^^ Peter Trotta. Secretary
(Sign Here) (Print Name and Title)
ptrotta@hrs.dudek.
Department Head Date
(Proper notarial acknowledgment of execution by Contractor must be attached.
Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified
by the secretary or assistant secretary under corporate seal empowering the officers) signing to
bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
BY:
Deputy City Attorney
Revised 9/28/00
ACKNOWLEDGMENT
State of California
County of pie*
On 1 1 . V0\0 before me.
(insert name and title of the^fficer)
personally appeared Mfl/rK felTO/t^L f fe
who proved to me on the basis of satisfactory evidence to be the person^pwhose nam
subscribedJto the within instrument and acknowledged to me that hc/strerthey executed the same in
authorized capacity fte|>, and that by h«/her/^ej!r signature^^on the instrument the
persoisor the entity upon behalf of which the persorrfsJTacted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature.(Seal)
Commission* 1730144
Nototy PubUC - California i
San Otago County -
EXHIBIT A
SCOPE OF WORK
6607 CORRUGATED METAL PIPE REPLACEMENT PROGRAM
VIA LIBERTAD
CONTRACTOR SHALL PERFORM THE FOLLOWING:
1. Install 240 square feet geotextile (10' X 24') at storm drain outfall and install 15
tons of #1 backing (12"-18") rip rap.
2. Hydroseed Vz acre with Type M Binder and the following seed mix:
Typical Southern California erosion control mix consisting of poppy, lupine and
plantago and non-native grasses
Contractor shall perform services at a cost to exceed $2,700.00
- 3 - Revised 9/28/00