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HomeMy WebLinkAbout2014-12-16; City Council; 21807; Granting Exception from Purchasing Requirement, Award Contract for BMPS 2014 Poinsettia FireCITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 21.807 12-16-14 PW-TRAN ADOPTION OF RESOLUTION, GRANTING AN EXEMPTION FROM PURCHASING REQUIREMENTS AND AWARD OF CONTRACT FOR INSTALLATION AND MAINTENANCE OF BMPS RELATED TO THE 2014 POINSETTIA FIRE DEPT.DIRECTOR CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. 2014-281 granting an exemption from the purchasing requirements and awarding a contract for the installation and maintenance of BMPs related to the 2014 Poinsettia Fire. ITEM EXPLANATION: As part of the ongoing 2014 Poinsettia Fire recovery work, the city has completed a field review of the fire burn area. Prior to the fire, the area was heavily vegetated and as such the quantity and quality of the rainfall runoff corresponded to the vegetated conditions. After the fire, the vegetation is essentially gone and as such there are a number of Best Management Practices (BMPs) that are warranted to respond to and protect against the changed conditions. Typical BMPs include application offiber mulch in select highly erodible slopes and installation of gravel bags, silt fencing, straw waddles and larger coconut fiber waddles called coir logs on slopes and natural drainage channels. These BMPs will help reduce the amount of soil erosion and help prevent siltation of the storm drain system. They will also provide protection against a change in the quality of the runoff water. The city hired HRS/Dudek to produce a study titled Poinsettia Fire Post Fire Erosion Control Plan. The study recommends the installation of erosion control BMPs within the burn area and maintaining and monitoring those BMPs for 6 months after installation. These BMPs are generally in upslope locations and are in addition to the enhancements and improvements that will be installed adjacent to the storm drain structures. Prioritizing protection and enhancement of open space and the natural environment is one ofthe core values in the City's Community Vision. Our Habitat Management Plan (HMP) provides many benefits to the city and property owners. By protecting threatened and endangered species, the HMP allows for continued economic development and implementation of the Growth Management Plan and General Plan. The open space areas set aside by the HMP also provide recreational and aesthetic benefits to residents and visitors. Active management ofthe HMP protects water quality and supports biodiversity. DEPARTMENT CONTACT: Patrick Vaughan 760-602-2780 x7321 patrjck.vaughan@carlsbadca.gov FOR CLERK USE. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER - SEE MINUTES • AMENDED • REPORT RECEIVED • Adoption of Resolution Poinsettia Fire 12/16/14 Page 2 of 3 According to the Habitat Management Plan (HMP) Implementing Agreement, the city has an interim obligation to reduce the likelihood of further damage to the habitat and, depending on the success of habitat recovery, may be required to perform remedial tasks such as supplemental planting. By acting now to reduce soil loss, the chances of habitat recovery are greater, thus lessening the probability of future active recovery efforts and associated costs. Successful restoration ofthe habitat in these open space areas is necessary to reestablish the recreational and aesthetic benefits ofthe areas for the public good, protect water quality, protect the city's infrastructure, and maintain the city's compliance with both the HMP and Municipal Storm Water Permit requirements. The city will obtain a release of liability from each property owner before installing any BMPs on their property. The purchasing ordinance requires the purchasing officer to issue proposals using a method designed to provide "reasonable public notice in a manner which will permit current information to be disseminated widely." The city usually allows for a minimum of fourteen days. The rainy season has begun and it is important to begin installing the BMPs as soon as possible. Adhering to this time frame would not have allowed staff to receive proposals in a timely manner. Given the relatively simply nature ofthe work and staff's ability to identify a large number of potential contractors, it was decided to reduce the time for proposal preparation to eight days. Per CMC 3.28.110(14), the awarding authority has the ability to grant an exemption from the purchasing requirements if it is in the city's best interest. Staff is asking Council to grant this exemption. In this case, it is in the city's best interest to reduce the time for proposal preparation in orderto install the BMPs as soon as possible. On December 3, 2014, seven sealed proposals were received for the initial installation of BMPs as shown on the following table. The engineer's estimate for the initial installation is $225,000. The engineer's estimate for contingencies and maintenance of the BMPs during the 6 months following installation is $148,360. CONTRACTOR TOTAL BID The Land Stewards $151,640 Summit Erosion Control $184,455 Pacific Grading & Erosion Control $202,602 Ground Service Technology $206,994 Dick Miller, Inc. $218,922 Whitson CM $234,132 Habitat Restoration Sciences $242,912 The lowest cost proposal was received from The Land Stewards for the amount of $151,640. Staff has completed its review of the contract documents and has determined that they are in order. Staff recommends that The Land Stewards be awarded the contract. Adaption of Resolution Poinsettia Flre 12/16/14 PageSof 3 FISCAL IMPACT: At the November 18, 2014 meeting the City Council adopted Resolution 2014-266 appropriating $500,000 from the General Fund unassigned fund balance for the installation and maintenance of the BMPs related to the 2014 Poinsettia Fire. Staff recommends Council approval of a contract with The Land Stewards for $151,640, giving the City Manager authority to approve amendment(s) to the contract up to a total contract amount of $300,000. The estimated installation costs associated with this project are summarized in the following table. Installation Cbntract with The Land Stewards $151,640 Installation Contingency and Maintenance $148,360 Project Administration, Testing & Inspection $ 30,000 TOTAL ESTIMATED PROJEa COSTS $330,000 There are sufficient funds available to complete the installation and maintenance ofthe BMPs related to the 2014 Poinsettia Fire. ENVIRONMENTAL IMPACT: The project is exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15308 - actions taken by regulatory agencies to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for the protection of the environment, including water quality. PUBLIC NOTIFICATION: None. EXHIBITS; 1. Resolution No, 2014-281 granting an exemption from the purchasing requirements and awarding a contract for the installation and maintenance of BMPs related to the 2014 Poinsettia Fire. 2. Project Location Map. 3. Draft agreement with The Land Stewards. 3 RESOLUTION NO. 2014-281 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, GRANTING AN EXEMPTION FROM PURCHASING REQUIREMENTS AND AWARD OF CONTRACT FOR INSTALLATION 4 AND MAINTENANCE OF BMPS RELATED TO THE 2014 POINSETTIA FIRE. 5 " 6 7 8 9 WHEREAS, the City Council of Carlsbad, California determined on November 18, 2014 that it is necessary, desirable, and in the public's best interest to install and maintain the BMPs related to the 2014 Poinsettia Fire; and WHEREAS, the City Council of the City of Carlsbad adopted Resolution 2014-266 appropriating $500,000 from the General Fund unassigned fund baia nee for this purpose and 12 authorized staff to advertise for bids for the installation and maintenance of BMPs related to ^ ^ the 2014 Poinsettia Fire; and 14 WHEREAS, Section 3.28.050 requires that requests for proposals shall be issued using a 15 method designed to provide "reasonable public notice in a manner which will permit current information to be disseminated widely." The city usually allows for a minimum of fourteen [8 days; and ^9 WHEREAS, due to the onset of the rainy season, adhering to this time frame would not 20 21 22 23 24 WHEREAS, subsection 3.28.110(14) of the Carlsbad Municipal Code authorizes the 25 awarding authority to grant an exemption from the purchasing requirements when it is in the 26 city's best interest; and 27 28 have allowed staff to receive proposals in a timely manner. Given the relatively simply nature of the work and staff's ability to identify a large number of potential contractors, staff decided to reduce the time for proposal preparation to eight days; and 1 WHEREAS, staff recommends that it is in the city's best interest to grant an exemption 24 25 26 27 28 from the purchasing requirements in order to install the BMPs as soon as possible; and WHEREAS, seven sealed proposals were received on December 3, 2014 by the City of Carlsbad for the installation and maintenance of BMPs related to the 2014 Poinsettia Fire; and WHEREAS, the lowest responsive and responsible proposal to install said BMPs was 2 3 4 5 6 7 submitted by The Land Stewards in the amount of $151,640; and 8 WHEREAS, there are sufficient funds available in the General Fund to complete the project; and WHEREAS, the City Council of the City of Carlsbad authorizes the City Manager to approve amendments to the contract up to a total contract amount of $300,000. 9 10 11 12 ^2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 14 California, as follows: 15 1. That the above recitations are true and correct. 16 17 18 19 2Q 3. That the lowest cost proposal of $151,640 submitted by The Land Stewards for 21 the installation and maintenance of BMPs related to the 2014 Poinsettia Fire is accepted and 22 the City Manager is hereby authorized to execute a contract for this project after prior approval 23 2. That it is in the city's best interest to grant an exemption from purchasing requirements in order to install the BMPs as soon as possible under Carlsbad Municipal Code Section 3.28.110(14). as to form by the City Attorney. 4. That the City Manager is hereby authorized to approve contract amendments up to a total contract amount of $300,000. 6 1 2 3 4 5 6 // 7 // 8 // 9 // 10 // 11 // 12 13 // 14 // 15 // 16 // 17 // 18 19 // 20 // 21 // 22 // 23 // 24 // 25 26 // 27 28 5. That the award of this contract is contingent upon the proposer executing the required contract and submitting the required insurance policies, as described in the contract, within ten (10) days of adoption of this resolution. The City Manager may grant reasonable extensions oftime. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 16*'' day of December, 2014, by the following vote to wit: AYES: NOES: Councii Members Hall, Packard, Wood, Schumacher, Blackburn. None. ABSENT: None. MATT HALL, Mayor ATTEST: BARBARA ENGLESONptity Cierk AGREEMENT FOR INSTALLATION OF STORMWATER BEST MANAGEMENT PRACTICES IN THE POINSETTIA FIRE BURN AREA (THE LAND STEWARDS) THIS AGREEMENT is made and entered into as of the I'^f^ day of 7^r<gmfc)g</^ 20Jff, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and THE LAND STEWARDS, a California Corporation, ("Contractor"). RECITALS A. City requires the professional services of a company that is experienced in the installation of stormwater best management practices (BMPs). B. Contractor has the necessary experience in providing professional services and advice related to stormwater BMPs. C. Contractor 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 attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one year from the date first above written. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be one hundred fifty one thousand six hundred forty dollars ($151,640). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as City Attorney Approved Version 1/30/13 necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election. City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms ofthis Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. 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 ofthis section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VM". OR with a surplus line insurer on the State 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". 10.1 Coveraaes and Limits. City Attorney Approved Version 1/30/13 Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liability Insurance. $1.000.000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liabilitv. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liabilitv. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. I I If box is checked. Professional Liability City's Initials Contractor's Initials Insurance requirement is waived. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. City Attorney Approved Version 1/30/13 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies ofany or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Patrick Vaughan Name Cto^K) KJ G'^fiTcl Title Engineering Manager Title C^dfO Department Public Works/CM&I Address L/^<r /\)'t(jJiK) Qfe^UX [/bll<A (^O City of Carlsbad ^AA /VmX^' Cf" g/Vo^ Address 5950 El Camino Real Phone No. '~y^0 9^^^^ Carlsbad, CA 92008 Email CT^SUKJ (g X\^\/^r\'^^AJuuJ^'Sji^^^ Phone No. 760-602-2780 x7321 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. City Attorney Approved Version 1/30/13 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware ofthe requirements ofthe Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. Ifthe resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be fonwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination. Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and ofthe percentage ofwork that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES City Attorney Approved Version 1/30/13 Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making ofthis Agreement. For breach or violation of this warranty. City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or othenwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seo.. the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 26. 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 Gity Attorney Approved Version 1/30/13 (sign here) (print name/title) (sign here) ^ (print name/title) CITY OF CARLSBAD, a municipal corporatj0tr of the Stale.of California 4Qyor or Divioion Diroctor |ized by the City Manager- Gary Barberio ATTEST: BARBARA ENGLESON City Clerk 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: CELIA A. BREWER, City Attorney BY: Assistant City Attorrrey City Attorney Approved Version 1/30/13 ACKNOWLEDGMENT State of Caiifornia County of Sctn Q. •if -tk On lo. ^ ('5 , ^ g' H before me, Vae-iOf.11 ^AiUSoc^> NdTl^^y fusc-i c Dffio (insert name and title of the officer) personally appeared (3PV«-W> V^L GgJTi LLD A/- who proved to me on the basis of satisfactory evidence to be the person(;^ whose name(5() is/ate- subscribed to the within instrument and acknowledged to me that he/eWttwy executed the same in his/hecAbeir authorized capacity(ie^, and that by his/lie*v!tt»eir signature(^ on the instrument the person(^, or the entity upon behaif ofwhich the person^ acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the iaws of the State of Caiifornia that the foregoing paragraph is true and correct. WITNESS my hand and officiai seal. Signature or (Seal) COflMlinlMI # 1M9364 Nolary PuMe •Camomia San Oiego County ^ MyComm. Expitee Sw 21.2015C ACKNOWLEDGMENT State of California , County of 'favi IJjf(JO On •O^drr^JjjiK Za/^ before me, (insert name and title of the officer) personaliy appeared /A 5^/>yr^ A / Cr^ A/7"/' L^I~DN' -—— , who proved to me on the basis of satisfactory evidence to be the personfs)"whose name(^ is/af©— subscribed tp the within instrument and acknowledged to me thatj:»^/she/tl3©yexecuted the same in hi^/her/tlietfauthorized capacity(i0^, and that byj3i^/her/tbeif^signature(^on the instrument the 'person^, orthe entity upon behaif of which the persor)j(^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Caiifornia that the foregoing paragraph is true and correct. WITNESS my hand and officiai seal. Signature (Seal) WtniHIIIIMISOOf) Commieaion # 1949384 Nolary PuMe-CaWornia San Diago County g MyComm.iMrtS.^gi.20is^ 2.0 CONTRACTOR'S PROPOSED COST OF SERVICE: The Cost Proposal describes the items upon which the city requests a proposal. Please note that the numbers listed in the "Quantity and Units" catq(ory ofthe table are estimates only, and will not be used for any purpose other than to comparv proposals received in response to this Request for Proposal The actual payments made to the Vendor will be based on the Vendor's actual work performed for the eity consistent with the terms and conditions ofthe contract documents. If the actual quantity ofan item installed is at least 50% of tbe amount listed, payment will be made at the contract nnit price. Any increase in quantity wiU be made at the contract unit price. COST PROPOSAL Fumish & install Hydromulch "Flexterra" or equal per manufacturer recommendations. Product shall be "Flexterra* HP-FGM"^, a fully biodegradable. High Performance-Flexible Growth Medium (HP-FGM) composed of 100% recycled and Thermally Refined™ wood fibers, crimped interiocking man-made biodegradable fibers, micro-pore granules, naturally derived cross-linked biopoiymers and water absorbents. The HP-FGM is phyto-sanitized, free from plastic netting, requires no curing period and upon application forms an intimate bond with the soil surfece to create a continuous, porous, absoriient and Flexible eroskin resistant blanket that allows for rapid germinatton and accelerated plant growth. Product shall conform to the manufacturer, "Profile Products" or approved equal, Fumish St instail Fiber Rolls per manufacturer recommendations and CASQA installation Instructions, Fiber Rolls shall be trenched into the soiL Product shall be 9" diameter by 25' iong "Bio-Wattle', composed of 100% r\cs straw, with buriap fabric twine/netting. Product shall be completely biodegradable and shall conform to the manufacturer, "Kristar'. avaiiabie through White Cap/HD Supply, or approved equal. ^ 27,000 LF \A0 •t ^(,309,00 II 3. Furnish & install Coir Logs per manufacturer recommendations and CASQA installation instructions similar to fiber roils. Coir logs shall be trenched into the soil. Product shall be 12" diameter by 20' long composed of coconut fiber with coir netting. Product shall be completely biodegradable and shall conform to the manufacturer "Granite Environmental", or approved equal. 4,500 LF 4. Fumish & place Gravel Bag Check Dams @ End Point of Cbncrete Ditches per CASQA. Product shall be Pea Gravel filled burlap bag, 14" wide X 26" long, 30 Ib. Product shall be completety biodegradable and available through White Cap/HD Supply, or approved equal. 60 BAGS 5. Fumish & place Gravel Bag Check Dams along Concrete Ditches @15 ft. inten/als, 12 bags per dam, per CASQA. Product shall be Pea Gravel filled buriap bag, 14" wide X 26" long, 30 Ib. Product shaii be completely biodegradable and available through White Cap/HD Supply, or approved equal. 4,464 BAGS 6. Ciean-out Sediment in Concrete Ditches and relocation of sediment to eroded areas as directed by city. 2,505 LF 7. Fumish & install Silt Fence per manufacturer recommendations and CASQA installation Instructions. Fence must be keyed in and compacted. Product shall be standard black woven polypropylene geotextile silt fencing, 36" wide x 100' long, with pre- attached posts at a spacing of max. 6' on center. Shall be contractor grade (70 gram). Product shall conform to the manufacturer, "Granite Environmental," or approved equal. 5,500 LF 8. Grading Repair of Erosion Sink. Fill with approved imported fill material. 30 CV '^l, boo,DO rOTAL: 12