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Home My WebLink AboutHRS Habitat Restoration Sciences Inc; 2012-09-07; PKRC520PUBLiC WORKS LETTER OF AGREEMENT Removal of Construction Fence & installation of Non-Barbed 2 Wire Fence at Calavera 1-Acre Trails Upland Mitigation Site (PKRC520) This letter will serve as an agreement between HRS 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 remove and dispose of silt fence, remove orange fence, and install non-barbed 2 wire fence and/remove t-posts per the outlined and attached Exhibit A, Scope of Services , for a sum not to exceed Four Thousand Two Hundred Thirty-nine dollars and Twenty-five cents ($4,239.25). This work is to be completed within 30 calendar days after issuance of a Purchase Order. ADDiTiONAL REQUiREMENTS 1. City of Carisbad 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 perfomiance of this Contract or woric; 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, arisitration, 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 ($600,000) each, unless a lower amount is approved by the City Attomey or the City Manager. Said policies shall name the City of Carisbad 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 Refomn 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. ~ 1 ~ 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. B. In the event of conflict between the Contract and Permit requirements, the most stringent shall prevail. All pennit requirements shall be satisfied by Contractor and accepted by ali 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 woric. He shall comply with all Federal, State and local laws, ordinances or rules and regulations relating to the performance of said woric. D. The Contractor shall incorporate and comply with all applicable Best Management Practices (BMPs) during the complefion of this agreement. All work must be in compliance with the most cun-ent San Diego Regional Water Quality Control Board (RWQCB) pemiit, Carisbad Municipal code and the City of Carisbad Jurisdictional Urban Runoff Management Plan (JURMP) Incorporated herein by reference. E. The Contractor shall indicate in his submittals methods of compliance, equipment ufilized to insure compliance, training of staff and experience in compliance with environmental regulafions. 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 implementafion with a 15% maricup for administration and overhead. 6. The Contractor may be subject to civil penalties for the filing of false claims as set forth in the Califomia False Claims Act, Govemment Code sections ^265^^^s^., and Carisbad Municipal Code Sections 3.32.025, et sectrXA ^ init / / init 7. The Contractor hereby acknowledges that debamnent by another jurisdiction is grounds for the,.^lty-Qf C^^f€if to disqualify the Contractor from participafing in contract bidding. 8. The Contractor agrees and hereby sfipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, Califomia. 9. The City of Cartsbad 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 discrefion. // // // // // // - 2 - Revised 9/28/00 TO INDICATE ACCEPTANCE OF THIS AGREEMENT. PLEASE SIGN IN THE SPACE BELOW AND RETURN TO: Liz Ketabian.Park PlannerParics & Recreation 799 Pine Ave. Suite 200. Carisbad. CA 92008 (Project Mgr) (Department) (Address) Habitat Restoration Sciences, inc. (HRS) ame of Contractor) (Sigtf Here) ^ (E-mail Address) (Contractor's License Number) (Print Name and Tifie) (Print Name and Title) ' Depaffment Head Date (Proper notarial acknowledgment of execution by Contractor must be attached. Chaimian, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporafion must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporafion.) APPROVED AS TO FORM: RONALD R. BALL, City Attomey BY: 3 ~ Revised 9/28/00 Exhibit A Scope of Services Item 1-Removal of Orange Fencing Removal of all orange plastic fence surrounding the 1-acre habitat mitigation site, rolling up of fencing materials and stockpiling on site at agreeable location for Parks and Recreation Maintenance crews to haul away. Item 2- Installation of 2 strand Barbless Wire Utilizing existing t-posts in areas along trails and as agreed to on walk thru on August 6, with Parks and Recreation representatives, HRS will install 2 strands of barbless wire to protect habitat areas from encroachment by trail users. Item 3- Silt Fencing HRS to remove silt fencing associated with orange plastic fencing and recently installed post n rail fencing as needed. Silt fence will be left in place in areas of potential erosion as determined by HRS. Item 4- T-Posts Remove and haul offsite unused t-posts not used for 2 strand barbless wire installations. Back fill with soil the holes left by post removals that are located along the trails. Total Cost for HRS to perform the above outlined work $4,239.25