HomeMy WebLinkAboutHabitat Restoration Sciences Inc; 2014-06-02; PKRC543Tracking #:PKRC543
CITY OF CARLSBAD
PUBLIC WORKS LETTER OF AGREEMENT
Lake Calavera - Minor Grading along SDGE Easement (PKRC543)
This letter will serve as an agreement between Habitat Restoration Sciences, Inc, (Contractor) and the
City of Carlsbad (City). The Contractor will provide minor grading along the SDGE easement where there
have been erosion issues and the grade has become steep. Work includes the cost for an operated CAT
and water truck as well as hand labor associated with this work. Contractor will perform cut/fill
approximately 100 ft. along the erosion gulley and grade down the area so the slope is less steep. Any
excess cut material will be used to fill adjacent erosion gullies along the SDGE easement leading out to
Sky Haven Rd. The timeframe for work performed is estimated at one day, per the Contractor's proposal
dated June 2, 2014 and City specifications, for a sum not to exceed Three Thousand Four Hundred Fifty
dollars ($3,450). This work is to be completed within 20 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 ofthe 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 Risk
Manager 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 shall be aware of and comply with California Regional Water Quality Control Board,
San Diego Region requirements.
A. Contractor shall not allow any discharges from the construction site, which may have an adverse
effect on receiving waters of the United States.
Contractor shall not allow any groundwater extraction water to be discharged from construction
site except in full compliance with the General Waste Discharge Requirements for Ground Water
Extraction and Similar Discharges from Construction and Remediation Projects (Order No. 96-41)
adopted by the Regional Board. Prior to submitting Bid, Contractor shall obtain a copy of said
Order No. 96-41 and review all compliance requirements therein, including monitoring, testing,
and reporting.
Lake Calavera-Minor Grading along SDGE Easement (PKRC543) -- i -- City Attorney Approved 6/18/13
Tracking #:PKRC543
B. In the event of conflict between the Contract and Permit requirements, the most stringent shall
prevail. All permit requirements shall be satisfied by Contractor and accepted by all issuing
agencies, and the Owner before project will be accepted and a Notice of Completion filed.
C. Contractor shall, at his own expense, procure any additional permits, certificates, and licenses
required of him by law for the execution of the work. He shall comply with all Federal, State and
local laws, ordinances or rules and regulations relating to the performance of said work.
E. The Contractor shall incorporate and comply with all applicable Best Management Practices
(BMPs) during the completion of this agreement. All work must be in compliance with the most
current San Diego Regional Water Quality Control Board (RWQCB) permit, Carlsbad Municipal
code and the City of Carlsbad Jurisdictional Urban Runoff Management Plan (JURMP)
incorporated herein by reference.
F. The Contractor shall indicate in his submittals methods of compliance, equipment utilized to
insure compliance, training of staff and experience in compliance with environmental regulations.
If in the opinion of the project manager, the Contractor is not in compliance with this provision
CITY reserves the rights to implement BMP's to the maximum extent practical, and deduct
payment due or back charge the Contractor for implementation with a 15% markup for
administration and overhead.
6. The Contractor may be subject to civil penalties fiar ihe filing of false claims as set forth in the
California False Claims Act, Govemment Code sectww? 12650, et seq.. and Carlsbad Municipal Code
Sections 3.32.025, et seq. -{fX^^^^^ '"'^ ri
7. The Contractor hereby acknowledges that debarment by another iurisdiction is grounds for
Cadsbad to disqualify the Contractor from participating in contract bidding. ^^ACZJS^
8. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of
any disputes between the parties arising out ofthis agreement is San Diego County, California.
9. The City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130 supersedes the
provisions of the California Labor Code when the public work is not a statewide concern. Payment of
prevailing wages is at Contractor's discretion.
10. City Contact: Sfev^e dantz 760-434-2838
Contractor Contact: Mark Girard, President Habitat Restoration Sciences, Inc. 760-479-4210
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Lake Calavera - Minor Grading along SDGE Easement (PKRC543) - 2 ~ City Attorney Approved 6/18/13
Tracking #:PKRC543
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CONTRACTOR
Habitat Restoration Sciences, Inc.
License #842661
4901 El Camino Real Suite D
Carlsbad / CA / 92081
(760) 479-4210
CITY OF CARLSBAD, a municipal corporation
of the State of California
(print name/title)
By:
:puty City Monogcr or^
Department Director
as authorized by the City Manager
Chris Hazeltine
(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,
BY:
As^^ferifCity Attorney
Lake Calavera - Minor Grading along SDGE Easement (PKRC543) - 3 City Attorney Approved 6/18/13
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of Califomia
County of S/7hJ C) r F a 0
On Cru^^ JU.:iOfH before me, K3 f^0Cl4AHAPAii K)C^^A^ IOU.^C;C ,
(Here insert name ana title of the ofBcer)
personally appeared M/\/^K G-lkPhRJ) AND ^E rE£ 7^0 7773 ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-i^^ subscribed to
the within instmment and acknowledged to me that he^h^E^executed the same in hift%ei^S§? authorized
capacity(ies), and that by his/h«n!5EScsignature(s) on the instiximent the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph
is true and correct.
WITNES^ my hand and official seal.
Signature ofNotary PubHc
(Notary Seal)
OFFICIAL SEAL
KAREN ROCHAMBEAU ^
NOTARY PUBLIC-CALIFORNlAg COMM. NO. 1906441 ^ SAN DIEGO COUNTY • MY COMM. EXP. OCT. 2,2014 \
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
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appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
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acknowledgment verbiage as may be printed on such a document so long as the
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document carefully for proper notarial wording and attach this form if required.
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(Title or description of attached document)
(Title or description of attached document continued)
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(Additional information)
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