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Home My WebLink AboutHabitat Restoration Sciences Inc; 2013-09-20; PWL14-12UTILPWL14-12UTIL CARLSBAD MUNICIPAL WATER DISTRICT PUBLIC WORKS LETTER OF AGREEMENT CALAVERA DAM MITIGATION SITE FENCING: CONTRACT 3821 This letter will serve as an agreement between Habitat Restoration Sciences, Inc., a California contractor (Contractor) and the Carlsbad Municipal Water District (District), The Contractor wiH provide all equipment, material and labor necessary to Install split rail fencing to separate a trail from the mitigation site, per the Contractor's proposal dated September 20, 2013 and the District specifications, for a sum not to exceed four thousand two hundred dollars $4,200. This work Is to be completed within thirty (30) 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 of Carlsbad and the District, and their 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 District; 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 District, 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 Risk Manager or the Executive Manager of the District. Said policies shall name the City of Carlsbad and the District 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 District. 4. The Contractor shall be aware of and comply with all Federal, State, County and City Statutes, 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 Code sections 12650, et seq.. and Carlsbad Municipal Code Sections 3,32.025, et seq init Init 6. The Contractor hereby acknowledges that debarment by another jurisdiction Is grounds for the District to disqualify the Contractor from participating in contract bidding. init init 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. CALAVERA DAM MITIGATION SITE FENCING: - 1 - General Counsel Approved 6/18/13 CONTFiACT 38211 PWL14-12UTIL 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 ofthe contract 9. CMWD Contact: SherrI Howard, Associate Engineer, sherri,howard(a)carlsbadca,qov, 760-602-2756 Contractor Contact: Mark Girard. President, mgirard@hrs.dudek.com, 760-519-7230 CONTRACTOR HABITAT RESTORATION SCIENCES, a California corporation 4901 El Camino Real Suite D Carlsbad, CA 92008 760-519-7230 760-479-4190 (fax) mgirard@hrs,dudek.com INC. (print name/title) (sign here) (print name/title) CARLSBAD MUNICIPAL WATER DISTRICT a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District ofthe City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Assistant Executive Manager, Deputy Executive Manager or Division Director as authorized by the Executive Manager If required by CMWD, 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 officer(s) signing to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER, General Counsel BY: Assistant General Couriteel CALAVERA DAM MITIGATION SITE FENCING: CONTRACT 38211 - 2 -General Counsel Approved 6/18/13 KABITal FSeSTORATlON SCIENCES. INC September 20,2013 2013-130 Sherri Howard - Associate Engineer City of Carlsbad Public Works Department 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Proposal for Lodge Pole Fence Installation at Lake Calavera Dear Ms. Howard, HRS is pleased to present the City of Carlsbad witli this proposal to provide fence installation at Lake Calavera adjacent to the mitigation site. These prices are for the tasks described below and as discussed at the site meeting on 9/19/13. Task 1 - Fence Installation (labor, equipment and materials) This work includes installation of 160 If of 3-rail lode pole fence along the northeastern side of plot 4 of the mitigation site. All orange fence and t-posts in this area will be removed by HRS prior to the installation of the new lodge pole fence. TOTAL FOR TASK 1 ITEM NO. UNIT QTY Description Price A LF 160 Labor/Equipment/Material Cost $4,200,000 TOTAL $4,200.00 All fees will be billed on a time and material basis and invoiced monthly, up to and not to exceed total for this phase of the work of $4,200.00. This total for this phase of the work would not be exceeded without client approval. Thank you for the opportunity to bid on this work for the City of Carlsbad. This cost estimate is good for 30 days from the date on the proposal. If you have any questions regarding this scope of work, you can contact me at (760) 519-7230 or mgirard(^hrs.dudek.com. Very truly yours, HABITAT RESTORATION SCIENCES, INC. Mark Girard, President & Co-Founder Habitat Restoration Contractor A. C-27 License #842661 A S C-27 LiC (842651 imSRKTORATION.COM 490A El Camino Real Suite D Carlsbad, CA 92008 [760) 479-4210 office (760) 479-4190 fax