HomeMy WebLinkAboutHabitat West Inc; 2009-12-14; PWENG740PWENG740
AGREEMENT FOR EROSION CONTROL AND BMP MAINTENANCE SERVICES
(HABITAT WEST, INC.)
THIS AGREEMENT is made and entered into as of the /T _ day of
20 e9. by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and HABITAT WEST, INC., a California corporation, ("Contractor").
RECITALS
City requires the services of a Contractor that is experienced in erosion control.
Contractor has the necessary experience in providing these services, 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 Exhibit "A", attached and incorporated by this
reference in accordance with the terms and conditions set forth in this Agreement.
2. Term. This Agreement will be effective for a period of one (1) year from the date first
above written.
3. Compensation. The total fee payable for the Services to be performed will be nine
thousand seven hundred forty five dollars ($9,745). No other compensation for the Services will
be allowed except for items covered by subsequent amendments to this Agreement. City
reserves the right to withhold a ten percent (10%) retention until City has accepted the work
and/or the Services specified in Exhibit "A."
4. Status of Contractor. Contractor will perform the Services as an independent contractor
and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor
will be under the control of City only as to the results to be accomplished.
5. 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.
6. Insurance. Contractor will obtain and maintain policies of commercial general liability
insurance, automobile liability insurance, a combined policy of workers' compensation,
employers liability insurance, and professional liability insurance from an insurance company
authorized to transact the business of insurance in the State of California which has a current
rating in the Best's Key Rating guide of at least A-:VII OR with a surplus line insurer on the State
City Attorney Approved Version #05.06.08
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", in an amount of not less than one million dollars ($1,000,000)
each, unless otherwise authorized and approved by the City Attorney or the City Manager.
Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written
as claims-made coverage. The insurance will be in force during the life of this Agreement and
will not be canceled without thirty (30) days prior written notice to the City by certified mail. City
will be named as an additional insured on General liability. Contractor will furnish certificates of
insurance to the Contract Department, with endorsements to City prior to City's execution of this
Agreement.
7. 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 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.
8. Compliance With Laws. Contractor will comply with all applicable local, state and federal
laws and regulations prohibiting discrimination and harassment and will obtain and maintain a
City of Carlsbad Business License for the term of this Agreement.
9. Termination. City or Contractor may terminate this Agreement at any time after a
discussion, and written notice to the other party. City will pay Contractor's costs for services
delivered up to the time of termination, if the services have been delivered in accordance with
the Agreement.
10. Claims and Lawsuits. By signing this Agreement, Contractor agrees it 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. Contractor further acknowledges that debarment by another jurisdiction is grounds for the
City of Carlsbad to terminate this Agreement.
11. Venue and Jurisdiction. Contractor agrees and stipulates that the proper venue and
jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the
State Superior Court, San Diego County, California.
12. Assignment. Contractor may assign neither this Agreement nor any part of it, nor any
monies due or to become due under it, without the prior written consent of City.
13. Amendments This Agreement may be amended by mutual consent of City and
Contractor. Any amendment will be in writing, signed by both parties, with a statement of
estimated changes in charges or time schedule.
City Attorney Approved Version #05.06.08
14. 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 WEST, INC., a California
corporation
*By:
"i'#
CITY OF CARLSBAD, a municipal
corporation of theJState of California
(print name/title)
(e-mail address)
'By: L/_ycA-^c
City Manager or Mayor
or Authorized Signatory
ATTEST:
(sign he LOT^RAIN&Hvl
City Clerk
(print name/title)
(e-mail address)
If required by City, 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:
RONALD R. BALL, City Attorney
Deputy City Attorney
City Attorney Approved Version #05.06.08
EXHIBIT "A"
HABITAT WEST
NATIVE HABITAT RESTORATION
November 16, 2009
Mark Biskup
Associate Engineer
Public Works Engineering-Design Division
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Mark.Biskup@carlsbadca.gov
Subject: Aqua Hediondo BMP
RE: Cost Proposal for Maintenance of BMP's
Mark,
Scope of work:
Maintain BMP's for four areas totaling 79,850 square feet.
1. 1st Year Maintenance: Monitor regularly, repair and maintenance of silt fence and straw wattles
as needed: $5,145.00
2. Remove chain link fencef if requested): $1,500.00
3. Remove and dispose of BMP's legally: $3,100.00
Total not to exceed $9,745.00
Replacement Rates:
1. Silt fence : $1.60 per linear foot
2. 8" straw wattles: $3.45 per linear foot
3. Inspection rate: $42.50/hour
Please call me if you have any questions or comments. Thank you.
Sincerely,
Gigi Hurst
President/CEO
2067 Wineridge Place, State B, E-scondido, CA 92029 (760) 735-9378 Fax (760) 735-9351
CA License #6702030 SWBE §021941 www.HatttatWest.com
RESOLUTIONS ADOPTED BY UNANIMOUS WRITTEN CONSENT
OF THE BOARD OF DIRECTORS OF
HABITAT WEST, INC.
A CALIFORNIA CORPORATION
THE undersigned, being all the directors of Habitat West, Inc., a California Corporation,
by this writing approve the following resolutions and consent to their adoption:
WHEREAS, THE Board of Directors of this Corporation, desires to grant to the
Officers of this Corporation, the power to execute all corporate instruments and
documents, or to sign the corporate name without limitation, each acting alone
and without approval of signature of any other corporate officer.
NOW, THEREFORE, BE IT RESOLVED, that Georgia L. Hurst is hereby
authorized and directed to act alone in signing any and all corporate documents of
any kind or nature, and/or related instruments, for the benefit of the Corporation, on such
terms and conditions as GEORGIA L HURST, in her sole discretion, deems advisable
in the best interest of the corporation.
This consent is executed pursuant to subdivision (b) of Section 307 of the California
Corporations Code, and is to filed with the Minutes of Board proceedings.
Executed effective April 4, 2008
Georgia L. Hurst
President
i
"&*<
Georgia L. Hia'st
CEO
~3L.
Georgia L. Hurst
S ecretary/Treasurer