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Home My WebLink AboutHRS HABITAT RESTORATION SCIENCES INC; 2011-05-03;PUBLIC WORKS LETTER OF AGREEMENT Slope Hydro-seeding at Alga Norte Park Future Site (PKRC506) This letter will serve as an agreement between MRS Habitat Restoration Sciences, Inc., a habitat restoration company (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to complete the slope hydro-seeding of 11,250 sq ft, plus Option #1 and #2, an additional 6,750 sq ft for a total of 18,000 sq ft located at the future site of Alga Norte Park, northwest corner of Poinsettia Lane and Allicante Road, per the Contractor's proposal dated April 4, 2011 and City specifications, for a sum not to exceed Two Thousand Eight Hundred Twelve dollars ($2,812). This work is to be completed within 35 calendar 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 employer's 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 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. Revised 9/28/00 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. 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. D. 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. E. 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 right 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 for the filing of false/6laims as set forth in the California False Claims Act, Government Copja-eections 1265CL/et"seq.. and Carlsbad Municipal Code Sections 3.32.025, et seq. ^tXV-^init ^ST init 7. The Contractor hereby acknowledges that debarment by airier jurisdiction is grounds for the City of CarJsWa to disqualify the Contractor from participating in contract bidding. init 8. The Contr^gtor 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. 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. -- 2 -- Revised 9/28/00 TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE BELOW AND RETURN TO: Paul Harrison (Project Mgr) Parks & Recreation 1166 Carlsbad Village Dr. Carlsbad. CA 92008 (Department) (Address) Habitat Restoration Sciences. Inc. (MRS) (Name of Contractor) (E-mail Address) (Contractor's License Number) (Print Name and Title) (Print Name and Title) -I 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 officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD BY: , City Attorney City Attorney - 3 -Revised 9/28/00 IHRS April 4, 2011 2011-13-HRS Mr. Paul Harrison Public Works Inspector-Parks 1166 Carlsbad Village Dr. Carlsbad, CA 92008-1907 Subject: Proposal for the Alicante Rd. Hydroseeding Dear Mr. Harrison: Habitat Restoration Sciences, Inc. (HRS) is pleased to submit this proposal for the Alicante Rd. Hydroseeding. The cost estimate and scope of work are provided below. This proposal covers the cost for hydroseeding 11,250 sqft of slope at the Alicante site. Also included are 2 options to Hydroseed additional slopes. HRS will utilize it's hydroseeder and water truck to provide water to the site. All services provided will be performed per the project specifications provide by Paul Harrison. This scope of work covers installation and materials, and is based upon our understanding of the project requirements as listed in the project specifications. Additional services required beyond this scope of work would need to be negotiated between HRS and the client accordingly. HRS is a full-service native habitat restoration landscape contracting firm, holding State of California C-27 License No. 842661, providing the following construction, maintenance and management services: •Habitat restoration/mitigation installation & plant establishment maintenance. •Tree cutting/clearing and brush management. •Irrigation (i.e. both temporary and permanent) installation. •Planting, seeding and hydroseed installation. •Pest control advisory services and herbicide treatment programs. •Plant salvaging, seed collection and specialty plant propagation services. •Open space management and maintenance services. •Preserve area long-term maintenance services. HRS staff has successfully performed habitat restoration installation and maintenance services for over 16 years with multiple projects that have obtained agency sign-off. Because HRS specializes exclusively in habitat restoration and working in natural areas, our crews are well trained and experienced with native species and controlling invasive exotic weeds. We take an Integrated Pest LIC #842661 4901 El Cammo Real Suite D (760) 479-4210 office HRS.DUDEK.COM Carlsbad, CA 92008 (760) 479-4190 fax Paul Harrison Subject: Proposal for the Alicante St Hydroseed . Management (IPM) approach to weed control, and use the most effective, economical, and environmentally friendly methods and materials. HRS has a Pest Control Business License and several HRS staff members hold a Qualified Applicator License (QAL). Cost Estimate Task 1: Hydroseed 11,250 sqft $2,276.00 Task 2: Option #1 Extra 3,375 sqft $268.00 Task 2: Option #2 Extra 3,375 sqft $268.00 Total $2,812.00 All fees will be fixed fee and invoiced monthly, up to and not to exceed total for this phase of the work of $2,812.00. This total for this phase of the work would not be exceeded without client approval. ASSUMPTIONS: HRS assumes non-prevailing wages. Access to the site across the existing field. Option #1 and #2 prices based on approval of hydroseeding 1 l,259sqft area. HRS to bring water to the site in hydroseeder and water truck. EXCLUSIONS: This proposal does not include permit fees, water costs, water meter fees, long term maintenance, hazardous materials removal, coring, boring, or breaking. Please review the scope of work and associated costs, as we feel we have addressed the services you have requested at this time. We would be happy to address any questions you might have regarding these proposed services. We are pleased you have considered HRS for proposed services at the Alicante site and are excited about the prospect of these areas. 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) 479-4210 or via email at ptrotta@hrs.dudek.com. or my cell phone at (760) 419-6506. Sincerely, HABIjXJhlESTORAHONSCIENCES, INC Pete Trotta, Corporate Officer Habitat Restoration Specialist 2011-13 HRS License #842661 2 April 2011