HomeMy WebLinkAbout2007 CON Urban Corps - Removal of Plants from Paradise CreekAGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
URBAN CORPS
THIS AGREEMENT is entered into this 18t day of September. 2007, by
and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"). and
URBAN CORPS (the "CONTRACTOR").
RECITALS
WHEREAS. the CITY desires to employ a CONTRACTOR to remove non-
native invasive plants from Paradise Creek, as outlined in vendor proposal (Exhibit `A'),
and Addendum (Exhibit 'B').
WHEREAS, the CITY has determined that the CONTRACTOR is
qualified by experience and ability to perform the services desired by the CITY, and the
CONTRACTOR is willing to perform such services.
NOW. THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE
AS FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to
engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the
services hereinafter set forth in accordance with all terms and conditions contained
herein.
The CONTRACTOR represents that all services required hereunder will
be performed directly by the CONTRACTOR or under direct supervision of the
CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform services
as set forth in the attached Exhibit "A" and Exhibit "B".
The CONTRACTOR shall be responsible for all research and reviews
related to the work and shall not rely on personnel of the CITY for such services,
except as authorized in advance by the CITY. The CONTRACTOR shall appear at
meetings (if cited in Exhibit "B") to keep staff and City Council advised of the progress
on the project.
The CITY may unilaterally. or upon request from the CONTRACTOR, from time
to time reduce or increase the Scope of Services to be performed by the
CONTRACTOR under this Agreement. Upon doing so, the CITY and the
CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a
Revised April 2005
corresponding reduction or increase in the compensation associated with said change
in services, not to exceed a factor of 10% from the base amount.
3. PROJECT COORDINATION AND SUPERVISION.
Barbara A. Tipton, Storm Water Compliance Inspector is hereby
designated as the Project Coordinator for the CITY and will monitor the progress and
execution of this Agreement. The CONTRACTOR shall assign a single Project Director
to provide supervision and have overall responsibility for the progress and execution of
this Agreement for the CONTRACTOR. Connie Vilarreal thereby is designated as the
Project Director for the CONTRACTOR.
4. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall be based on monthly billings covering actual work performed.
Billings shall include labor classifications, respective rates, hours worked and also
materials, if any. The total cost for all work described in Exhibit "A" and Exhibit "B"
shall not exceed the schedule given in Exhibit "A" (the Base amount) without prior
written authorization from the Purchasing Agent. Monthly invoices will be processed for
payment and remitted within thirty (30) days from receipt of invoice, provided that work
is accomplished consistent with Exhibit "A" and Exhibit "B" as determined by the CITY.
The CONTRACTOR shall maintain all books, documents, papers,
employee time sheets, accounting records, and other evidence pertaining to costs
incurred and shall make such materials available at its office at all reasonable times
during the term of this Agreement and for three (3) years from the date of final payment
under this Agreement, for inspection by the CITY and for furnishing of copies to the
CITY, if requested.
5. LENGTH OF AGREEMENT. Completion dates or time durations
for specific portions of the Project are set forth in Exhibit "A" and Exhibit "B".
a) Work to be started within 5 days of receipt of notice to proceed or issuance of
Purchase Order.
b) Work to be completed within 10 days of start date.
6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The
Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents
prepared by the CONTRACTOR for this Project, whether paper or electronic, shall
become the property of the CITY for use with respect to this Project, and shall be
turned over to the CITY upon completion of the Project, or any phase thereof, as
contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR
hereby assigns to the CITY and CONTRACTOR thereby expressly waives and
disclaims, any copyright in, and the right to reproduce, all written material, drawings,
plans, specifications or other work prepared under this agreement, except upon the
CITY's prior authorization regarding reproduction, which authorization shall not be
2 Revised April 2005
unreasonably withheld. The CONTRACTOR shall, upon request of the CITY. execute
any further document(s) necessary to further effectuate this waiver and disclaimer.
The CONTRACTOR agrees that the CITY may use, reuse, alter,
reproduce, modify, assign, transfer, or in any other way, medium or method utilize the
CONTRACTOR's written work product for the CITY's purposes, and the
CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil
Code Sections 980 through 989 relating to intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings or
specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from
liability under Section 14 but only with respect to the effect of the modification or reuse
by the CITY, or for any liability to the CITY should the documents be used by the CITY
for some project other than what was expressly agreed upon within the Scope of this
project, unless otherwise mutually agreed.
7. INDEPENDENT CONTRACTOR. Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not as
agents, employees, partners or joint venturers with one another. Neither the
CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and
are not entitled to any of the rights, benefits, or privileges of the CITY's employees,
including but not limited to retirement, medical, unemployment, or workers'
compensation insurance.
This Agreement contemplates the personal services of the
CONTRACTOR and the CONTRACTOR's employees; and it is recognized by the
parties that a substantial inducement to the CITY for entering into this Agreement was.
and is, the professional reputation and competence of the CONTRACTOR and its
employees. Neither this Agreement nor any interest herein may be assigned by the
CONTRACTOR without the prior written consent of the CITY. Nothing herein contained
is intended to prevent the CONTRACTOR from employing or hiring as many
employees, or subcontractors, as the CONTRACTOR may deem necessary for the
proper and efficient performance of this Agreement. All agreements by CONTRACTOR
with its subcontractor(s) shall require the subcontractor to adhere to the applicable
terms of this Agreement.
8. CONTROL. Neither the CITY nor its officers. agents or employees
shall have any control over the conduct of the CONTRACTOR or any of the
CONTRACTOR's employees except as herein set forth, and the CONTRACTOR
expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's
agents, servants; or employees are in any manner agents, servants or employees of
the CITY, it being understood that the CONTRACTOR, its agents, servants, and
employees are as to the CITY wholly independent contractors and that the
CONTRACTOR's obligations to the CITY are solely such as are prescribed by this
Agreement.
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9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in
the performance of the services to be provided herein, shall comply with all applicable
State and Federal statutes and regulations, and all applicable ordinances, rules and
regulations of the City of National City, whether now in force or subsequently enacted.
The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a
current City of National City business license prior to and during performance of any
work pursuant to this Agreement.
10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever
nature that are legally required to practice its profession. The CONTRACTOR
represents and covenants that the CONTRACTOR shall, at its sole cost and expense,
keep in effect at all times during the term of this Agreement, any license, permit, or
approval which is legally required for the CONTRACTOR to practice its profession.
11. STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the CONTRACTOR'S trade or profession currently
practicing under similar conditions and in similar locations. The CONTRACTOR shall
take all special precautions necessary to protect the CONTRACTOR's employees and
members of the public from risk of harm arising out of the nature of the work and/or the
conditions of the work site.
B. Unless disclosed in writing prior to the date of this
agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the
five (5) years preceding, been debarred by a governmental agency or involved in
debarment, arbitration or litigation proceedings concerning the CONTRACTOR's
professional performance or the furnishing of materials or services relating thereto.
C. The CONTRACTOR is responsible for identifying any
unique products, treatments, processes or materials whose availability is critical to the
success of the project the CONTRACTOR has been retained to perform, within the time
requirements of the CITY, or, when no time is specified, then within a commercially
reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY
otherwise, the CONTRACTOR warrants that all products, materials, processes or
treatments identified in the project documents prepared for the CITY are reasonably
commercially available. Any failure by the CONTRACTOR to use due diligence under
this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased
costs that result from the CITY's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time
frame specified or, when not specified, then within a commercially reasonable time.
12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall
not discriminate against any employee or applicant for employment because of age.
race; color, ancestry, religion, sex, sexual orientation, marital status, national origin,
physical handicap, or medical condition. The CONTRACTOR will take positive action
to insure that applicants are employed without regard to their age, race, color, ancestry,
4 Revised April 2005
religion. sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. Such action shall include but not be limited to the following:
employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous
places available to employees and applicants for employment any notices provided by
the CITY setting forth the provisions of this non-discrimination clause.
13. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The
CONTRACTOR shall treat all such information as confidential and shall not disclose
any part thereof without the prior written consent of the CITY. The CONTRACTOR
shall limit the use and circulation of such information, even within its own organization,
to the extent necessary to perform the services to be provided herein. The foregoing
obligation of this Section 13, however, shall not apply to any part of the information that
(i) has been disclosed in publicly available sources of information: (ii) is, through no
fault of the CONTRACTOR, hereafter disclosed in publicly available sources of
information; (iii) is already in the possession of the CONTRACTOR without any
obligation of confidentiality: or (iv) has been or is hereafter rightfully disclosed to the
CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof
has been or is rightfully authorized by that third party.
The CONTRACTOR shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder.
the CONTRACTOR shall comply with all legal obligations it may now or hereafter have
respecting the information or other property of any other person, firm or corporation.
CONTRACTOR shall be liable to CITY for any damages caused by
breach of this condition; pursuant to the provisions of Section 14.
14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR
agrees to defend, indemnify, and hold harmless the City of National City, its officers
and employees. against and from any and all liability, loss. damages to property,
injuries to, or death of any person or persons, and all claims, demands, suits; actions,
proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature,
including workers' compensation claims. of or by anyone whomsoever, resulting from or
arising out of the CONTRACTOR's negligent performance of this Agreement.
15. WORKERS' COMPENSATION. The CONTRACTOR shall comply
with all of the provisions of the Workers' Compensation Insurance and Safety Acts of
the State of California, the applicable provisions of Division 4 and 5 of the California
Government Code and all amendments thereto; and all similar state or Federal acts or
laws applicable; and shall indemnify, and hold harmless the CITY and its officers; and
employees from and against all claims, demands, payments, suits, actions,
5 Revised April 2005
proceedings and judgments of every nature and description, including reasonable
attorney's fees and defense costs presented, brought or recovered against the CITY or
its officers, employees, or volunteers, for or on account of any liability under any of said
acts which may be incurred by reason of any work to be performed by the
CONTRACTOR under this Agreement.
16. INSURANCE. The CONTRACTOR, at its sole cost and expense,
shall purchase and maintain, and shall require its subcontractors, when applicable, to
purchase and maintain throughout the term of this agreement, the following insurance
policies:
® A. If checked, Professional Liability Insurance (errors and omissions)
with minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property
damage incurred during the performance of this Agreement, with a minimum coverage
of $1,000,000 combined single limit per accident. Such automobile insurance shall
include non -owned vehicles.
C. Comprehensive general liability insurance, with minimum limits of
$1,000,000 combined single limit per occurrence, covering all bodily injury and property
damage arising out of its operation under this Agreement.
D. Workers' compensation insurance covering all of CONSULTANT's
employees.
E. The aforesaid policies shall constitute primary insurance as to the
CITY, its officers, employees, and volunteers, so that any other policies held by the
CITY shall not contribute to any loss under said insurance. Said policies shall provide
for thirty (30) days prior written notice to the CITY of cancellation or material change.
F. Said policies, except for the professional liability and worker's
compensation policies, shall name the CITY and its officers, agents and employees as
additional insureds.
G. If required insurance coverage is provided on a "claims made"
rather than "occurrence" form. the CONTRACTOR shall maintain such insurance
coverage for three years after expiration of the term (and any extensions) of this Agree-
ment.
H. Any aggregate insurance limits must apply solely to this Agree-
ment.
Insurance shall be written with only California admitted companies
which hold a current policy holder's alphabetic and financial size category rating of not
less than A VIII according to the current Best's Key Rating Guide, or a company equal
financial stability that is approved by the City's Risk Manager.
J. This Agreement shall not take effect until certificate(s) or other
sufficient proof that these insurance provisions have been complied with, are filed with
and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of
such insurance policies in full force and effect at all times during the terms of this
Agreement, the CITY may elect to treat the failure to maintain the requisite insurance
as a breach of this Agreement and terminate the Agreement as provided herein.
6 Revised April 2005
17. LEGAL FEES. If any party brings a suit or action against the other
party arising from any breach of any of the covenants or agreements or any
inaccuracies in any of the representations and warranties on the part of the other party
arising out of this Agreement, then in that event, the prevailing party in such action or
dispute, whether by final judgment or out -of -court settlement, shall be entitled to have
and recover of and from the other party all costs and expenses of suit, including
attorneys' fees.
For purposes of determining who is to be considered the prevailing party,
it is stipulated that attorney's fees incurred in the prosecution or defense of the action
or suit shall not be considered in determining the amount of the judgment or award.
Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited
to the amount of attorney's fees incurred by the CITY in its prosecution or defense of
the action, irrespective of the actual amount of attorney's fees incurred by the
prevailing party.
18. MEDIATION/ARBITRATION. If a dispute arises out of or relates
to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to
settle the dispute by mediation in San Diego, California, in accordance with the
Commercial Mediation Rules of the American Arbitration Association (the "AAA") before
resorting to arbitration. The costs of mediation shall be borne equally by the parties.
Any controversy or claim arising out of, or relating to, this Agreement, or breach
thereof, which is not resolved by mediation shall be settled by arbitration in San Diego,
California, in accordance with the Commercial Arbitration Rules of the AAA then
existing. Any award rendered shall be final and conclusive upon the parties, and a
judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the
parties to the arbitration, provided that each party shall pay for and bear the costs of its
own experts, evidence and attorneys' fees, except that the arbitrator may assess such
expenses or any part thereof against a specified party as part of the arbitration award.
19. TERMINATION. A. This Agreement may be terminated with or
without cause by the CITY. Termination without cause shall be effective only upon 60-
day's written notice to the CONTRACTOR. During said 60-day period the
CONTRACTOR shall perform all services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY
for cause in the event of a material breach of this Agreement, misrepresentation by the
CONTRACTOR in connection with the formation of this Agreement or the performance
of services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of
written Notice of Termination to the CONTRACTOR as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONTRACTOR, whether paper or electronic, shall immediately become the property of
and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just
and equitable compensation for any work satisfactorily completed on such documents
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and other materials up to the effective date of the Notice of Termination, not to exceed
the amounts payable hereunder; and less any damages caused the CITY by the
CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall
vest in the CITY all rights set forth in Section 6.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR;
(2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the
CONTRACTOR.
20. NOTICES. All notices or other communications required or
permitted hereunder shall be in writing, and shall be personally delivered; or sent by
overnight mail (Federal Express or the like); or sent by registered or certified mail.
postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid: or
telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall
be deemed received upon the earlier of (i) if personally delivered; the date of delivery
to the address of the person to receive such notice; (ii) if sent by overnight mail, the
business day following its deposit in such overnight mail facility, (iii) if mailed by
registered, certified or ordinary mail, five (5) days (ten (10) days if the address is
outside the State of California) after the date of deposit in a post office; mailbox; mail
chute, or other like facility regularly maintained by the United States Postal Service, (iv)
if given by telegraph or cable; when delivered to the telegraph company with charges
prepaid, or (v) if given by telex, telecopy, facsimile or fax; when sent. Any notice,
request, demand; direction or other communication delivered or sent as specified
above shall be directed to the following persons:
To the CITY:
To the CONTRACTOR:
Maryam Babaki, City Engineer
City of National City
1243 National City Boulevard
National City, CA 91950-4301
Urban Corps
Sam Duran, Chief Executive Office
P.O. Box 80156
San Diego, Ca 92138-0156
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver
because of changed address of which no notice was given shall be deemed to
constitute receipt of the notice; demand, request or communication sent. Any notice,
request, demand, direction or other communication sent by cable, telex, telecopy.
facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or
delivered as specified in this Section.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not
8 Revised April 2005
perform services of any kind for any person or entity whose interests conflict in any way
with those of the City of National City. The CONTRACTOR also agrees not to specify
any product, treatment, process or material for the project in which the CONTRACTOR
has a material financial interest, either direct or indirect; without first notifying the CITY
of that fact. The CONTRACTOR shall at all times comply with the terms of the Political
Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall
immediately disqualify itself and shall not use its official position to influence in any way
any matter coming before the CITY in which the CONTRACTOR has a financial interest
as defined in Government Code Section 87103. The CONTRACTOR represents that it
has no knowledge of any financial interests that would require it to disqualify itself from
any matter on which it might perform services for the CITY.
❑ If checked, the CONTRACTOR shall comply with all of the
reporting requirements of the Political Reform Act and the National City Conflict of
Interest Code. Specifically. the CONTRACTOR shall file a Statement of Economic
Interests with the City Clerk of the City of National City in a timely manner on forms
which the CONTRACTOR shall obtain from the City Clerk.
The CONTRACTOR shall be strictly liable to the CITY for all damages,
costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21
by the CONTRACTOR.
22. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided
for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal
holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of
the next day which is not a Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, together,
shall constitute but one and the same instrument.
C. Captions. Any captions to, or headings of, the sections or
subsections of this Agreement are solely for the convenience of the parties hereto, are
not a part of this Agreement, and shall not be used for the interpretation or
determination of the validity of this Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly
provided herein, the execution and delivery of this Agreement shall not be deemed to
confer any rights upon, or obligate any of the parties hereto, to any person or entity
other than the parties hereto.
E. Exhibits and Schedu/es. The Exhibits and Schedules attached
hereto are hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may
not be modified or amended except by an instrument in writing executed by each of the
parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this
Agreement shall not operate as a waiver of any future breach of any such provision or
any other provision hereof.
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H. Applicable Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of California.
Entire Agreement. This Agreement supersedes any prior agree-
ments, negotiations and communications, oral or written, and contains the entire
agreement between the parties as to the subject matter hereof. No subsequent
agreement, representation, or promise made by either party hereto, or by or to an
employee, officer, agent or representative of any party hereto shall be of any effect
unless it is in writing and executed by the party to be bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon
and shall inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each
party is of equal bargaining strength, (ii) each party has actively participated in the
drafting, preparation and negotiation of this Agreement, (iii) each such party has
consulted with or has had the opportunity to consult with its own, independent counsel
and such other professional advisors as such party has deemed appropriate, relative to
any and all matters contemplated under this Agreement; (iv) each party and such
party's counsel and advisors have reviewed this Agreement, (v) each party has agreed
to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against
the drafting party shall not apply in the interpretation of this Agreement; or any portions
hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date and year first above written.
CITY OF NATIONAL CITY
By:
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Chris ZapAt�/ity Manager am D ran, Chief Executive Officer
APPROVED AS TO FORM:
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George I- . Eiser, III
City Attorney
URBAN CORPS
(Corporation — signature of two corporate officers))
(Partnership — one signature)
(Sole proprietorship — one signature)
By: 1
(Name)
(Title)
10
Revised April 2005
Putting San
Diego County's
Youth to Work
For You
City of National City Engineering
Department Paradise Creek Arundo
Removal
Urban Corps of San Diego County Proposal
August 29, 2007
Urban Corps San Diego P.O. Box 80156 San Diego. CA 92138-0156 (619) 235-6884 Fax (619)235-5425
www.urbancorpssd.org
EXHIBIT A
Table of Contents
Cover letter
Scope of Work
Experience and Staffing
References
Insurance
Ariel Maps of Paradise
Creek.
Budget
Page 1
Page 2 and 3
Page 4
Page 5
Attachment "A"
Attachment "B"
'URBAN CORPS
September 10, 2007
Barbara A. Tipton
Storm Water Compliance Inspector
City of National City
Engineering Department
National City Ca, 91950-44301
Re: Paradise Creek Arundo Removal Proposal
Dear Ms. Tipton:
Please find enclosed the Urban Corps of San Diego ('ounty's proposal for the complete
removal of Arundo from Paradise Creek for the City of National City in the amount of
$12,800.00. This proposal includes all insurance liability, tools, equipment, and a supervised
crew of nine-corpsmembers.
The Urban Corps of San Diego County has over 20 years experience providing non-native
vegetation removal services for San Diego County. We are knowledgeable of the City of San
Diego's requirements and ordinances regarding non-native vegetation removal from creeks
and with our current resources, experience, and equipment we feel we can successfully
provide you with the level of service you require.
By allowing the Urban Corps of San Diego County to provide these services to your City the
Urban Corps of San Diego County fulfills its mission to preserve the California environment
and provide timer -city youth with paid on-the-job experience and the opportunity to earn their
high school diploma through our on -site charter school.
We look forward to the opportunity of working with you. Please feel free to contact me at
(619) 235-6884 should you have any questions, or need further information.
Warm .regards,
'IY: 461.1i A4-1ti:1 Sam Duran
1{I !L It^IG:
Chief Executive Officer
6QAu feu it+t AP1
9M01a. tH:rt11
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"Earning. Learning & Conserving
F
Earth Snare.
introduction.
City of National City Arundo Donax Removal
Paradise Creek
Urban Corps of San i )icgo County
The Urban Corps of San Diego County (UCO) was founded in 1989 through a partnership of local elected
officials arid community leaders committed to providing opportunities to San Diego's inner city -youth and
preserving the natural environment for all San Diego county residents. Focusing on life changing impact of
good education, strong work ethic and community service to the greater San Diego area, Urban Corps partners
with nearly 300 sponsors, local government, non-profit organizations and businesses.
Mission statement.
The Mission of the Urban Corps of San Diego County "to provide job training and educational opportunities to
young adults in the fields of conservation, recycling and community service which will assist them in becoming
more employable while protecting San Diego's natural resources and instilling the importance of community
involvement.
Scope and purpose of proposed work.
The Urban Corps of San Diego County proposes to provide the following services for City of National (.'ity
Engineering Department removal of all non-native invasive plant species i.e. Arundo Tlonax (Giant Reed) from
Paradise Creek located on Paradise Valley Road. The Giant Reed will be removed by means of using t.ri-blades
and chain saws. All Arundo that is cut will be removed from paradise creek and piled on an adjacent lot located
off of East 8'r' street and Paradise Valley Road.
1.0 Project Location
The project site is estimated to be approximately 1486 feet long and approximately 10-11 feet wide (14,861
square feet). Paradise Creek is located East of Honeysuckle Lane and West of East 8th street on Paradise Valley
Road in National City.
2.0 Project Understanding
Urban Corps of San Diego of San Diego County is pleased to offer the City of National City Engineering
Department this proposal for all Arundo removal lion' Paradise Creek.
3.0 Project Management
Urban Corps of San Diego County Environmental Projects Manager, Connie Villarreal will act as the Project
Manager for this project.
4.1 invoicing
Urban Corps of San Diego will invoice the City of National City Engineering Department for the removal of all
Arundo on Paradise Creek project during the previous month.
4.2 Communication
Due to the nature of this project t lrban Corps of San Diego County will maintain communication with the City
of National City designated project manager to report the progress on the scheduled work.
1
4.0 Project implementation
City of National City Arundo Donax Removal
Paradise Creek
Urban Corps of San Diego County
Urban Corps of San Diego County will assign a supervised crew of nine corpsmemhers to complete the City of
National City Arundo removal located in Paradise Creek. Due to the nature of the project, the crew will be
supervised by a work supervisor who will be trained to recognize all of the sensitive, threatened, or endangered
species in the area. The work supervisor will ensure that the I?rhan Corps of San Diego County crews avoid
these species and preserve the habitat.
Due to the vast size of the project, fbr the purposes of this proposal, Urban Corps of San Diego County will
remove all Arundo from Paradise Creek, on the following boundaries, Fast of Honeysuckle Lane and West of
East 8th street on Paradise Valley Road in National City. Urban Corps will cut remove and pile Arundo on a
vacant lot adjacent to paradise creek.
In addition to labor. Urban Corps of San Diego County will provide:
• Transportation of Urban Corps of San Diego County workers to the project site
• All tools and equipment to cut and remove Arundo from creek
5.0 Job Training
Through the Paradise Creek project Urban Corps of San Diego County Corpsmembers will receive vocational
training in the environmental field. Corpsmembers will learn the proper usage of the lollowing:
• Chain Saws
• Triblade
• Mcl ,cod
Corpsmembers will also learn to identify different plant varieties. In particular, they will be taught to identify
native threatened, endangered, and sensitive species and differentiate those from the non-native invasive
species.
6.0 Experience
Adobe Falls
Adobe Falls, a once pristine area renowned for its hiking trails and natural vegetation became severely damaged
by a sewer spill. Situated in a deep ravine that runs alongside Interstate 8 in the area of Del Cerro, the 3-acre site
had become overrun with non-native and invasive vegetation such as pampas grass, Arnindo and Mexican fan
palms, trash, and dead and dying trees. This once unspoiled spot had become an eye sore and a fire hazard.
The City of San Diego's Metropolitan Wastewater Department contracted Urban Corps to restore the site. On
this project, the young people of the Urban Corps were exposed to experts in their lield--landscape architects.
biologists, and environmental engineers and planners. Over a period of 18 months, Corpsmemher crews
removed over 200 non-native trees and filled sixty forty cubic yard dumpsters with invasive vegetation. The
crews then re -introduced more than 5,000 native plants, planted over 200 native trees; and installed an irrigation
2
City of National City Amudu Donax Removal
Paradise Creek
Urhan Corps of San Diego County
system that covered a 480,000 square feet area. Corpsmembers became proficient in how to read blue prints as
they installed hundreds of linear feet of irrigation line and sprinkler heads, and seasoned in heavy equipment use
such as Bobcat tractor, chainsaws, and power wrenches. On a daily basis they learned how to systematically
evaluate, prioritize and implement activities.
Tijuana Estuary
Urban Corps has experience working in habitats that are home to threatened and endangered species. Urban
Corps was contracted by the City of San Diego Streets Department 's Drainage Control Division to do work on
the Tijuana Estuary. Here I Jrhan Corps removed non-native and invasive species and erecting an earth -berm
within a mile -long stretch of the Tijuana River. Our crews were faced with many challenges on this project.
Due to the presence of the clapper rail there were many times when our crews had to stop work and avoid
sensitive areas. While avoiding these sensitive areas, our crews marked sensitive areas by installing orange
fencing around the area. The crews then proceeded to work around these areas and returned only once given
authorization from the project biologist. Our crews also began work late in the season and had to work in the
rain along a swollen river. Even with the many obstacles to this project we were able to complete the project on
budget and on time.
San Diego River Park
Working in conjunction with the San Diego River Park in 2004 Urban Corps removed invasive plants and
homeless camps, created a preserve area with native vegetation, created well-defined access points and scenic
trails, improving the water, habitat and overall attractiveness attic San Diego River Park (SDRP) and its
surrounding communities.
During bird nesting season the SDRP crew focused on creating an ecological preserve area, accessible to the
public. The crew planted over 250 native plants, trees and shnubs; created nature trials, cut down and chipped
eucalyptus trees, using the chippings in designated staging areas; and mulched the vegetated areas of the
ecological preserve.
Otay Valley River Park
The crew productively removed acres of invasive, non-native vegetation, and replanted over 1.500 native plants
and trees throughout the Otay Valley River Park. The crew learned how to identify plants by their connnon and
scientific names, how to differentiate native plants from non-native plants, and how to nurture recently planted
vegetation. lrrigation concepts were learned hands on, as the crew installed over 750 linear lt.of effective
irrigation lines at the park.
7.0 Staffing:
Urhan Corps of San Diego County staff has a cumulative 25-years experience in providing services throughout
the City of San Diego, and with working with local and statewide government entities.
Sam Duran. Chief Executive Officer:
Sam Duran has spent 30-years in operations and management heading up non-profit conservation organizations
specifically programmed toward inner city youth. As the founding CFO of the Urhan Corps of San Diego, Sam
Duran has grown the organization from its original annul budget of $350,000 to $4.8 million.
Current affiliations:
Board Member of Earth Share of California
Commissioner, City of San Diego Salary Setting Commission
Board Member, Conservation Corps State Museum
3
Board Member, City of San Diego Senior Affairs Advisory Board
Board Member, San Diego River
City of National City Arundo Donax Removal
Paradise Creek
Urban Corps of San Diego County
Walter "Cisco" Hunter Deputy Director BSA
Walter E. "Cisco" Ilunter brings over twenty years of experience working with young people in the Corps
movement both at. the state and local level. He has worked in both the public and private sector, and came to the
Urban Cops alter serving as Regional Director with the United Domestic Workers of America and Executive
Director of Eureka Communities of Los Angeles.
Sam Lopez Director of Environmental Services:
Starting out as a corpsmemher with the California Conservation Corps, Sarn rose through the ranks to become a
crew leader. Through hard work and dedication he went on to be promoted to supervisor, manager; and to his
current position as Director of Environmental Services at the Urban Corps of San Diego.
Sam has experience interacting with City officials and the public; and is knowledgeable of the City of San
Diego's requirements and ordinances. Sam currently oversees a staff of 8-manager, and supervisor and 160
corpsmembers and has worked for the Urban Corps of San Diego 14 years.
6.1 References
Sue Pelley
Senior Park Ranger
City of San Diego .Parks and Recreation
1250 Sixth Avenue Fourth Floor MS 801A
San Diego, CA 92101
(619) 235-5262
Rob Hutsel
Executive Director
San Diego River Park Foundation
PO Box 80126
San Diego CA 92138
(610) 297-7380
Hilda Marostica
Urban Forestry
City of San Diego Streets Division
(619) 527-3930
Gus Brown
Public Works Supervisor
City of San Diego Streets Division
(619)527-7518
Neal E. Albrektsen
City of San Diego Mission Bay Park
Grounds Maintenance Supervisor Park and Recreation
3737 Moreno Blvd. MS-30M
San Diego, CA 92117
(619)581-9970
4
7.0 Description of Insurance:
City of National City Anurdo Donax Removal
Paradise (:reek
Urban Corps of San J)icgo County
Urban Corps of San Diego possess the following Insurance coverage through Faith Insurance Services
General Liability:
Damage to Rented Premises
Medical Expense
Personal and Advance Injury
General Aggregate
Products, comp/Op Agg.
$1,000,000 per occurrence
$ 200,000 per occurrence
$ 10,000 per person
$1,000,000
$3,000,000
$3,000,000
5
•
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46
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VICINITY MAP
Attachment "A"
Paradise Creek Location Maps
• lir
Ilk
00.
• 2,
Poi..(or 32 I''9 07. II I 7'01 C7 6" 'IN 159 It or ;
VW
411.
irr
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1-114 .:4
Cooq le
Eye u't !45.1
Attachment "B"
Paradise Creek Budget
Description
Labor
Total Units Cost PIUnit Total
Corpsmembers
Supervisor Labor
$0.00
$0.00
S0.00
$0.00
S0.00
S0 00
S15.00
$10.800.00
$0.00
$0.00
$0.00
S0.00
$0.00
$0.00
525.00
$2,000.00
S0.00
$0.00
$0.00
$0.00
50.00
$0.00
50.00
$0.00
$0.00
$0.00
$0.00
$0.00
50.00
$0.00
$0.00
$0.00
50.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
50.00
50.00
S0.00
$0.00
50.00
$0.00
$0 00
S0.00
$0.00
$0.00
50.00
S0.00
50.00
S0.00
$0.00
S0.00
$0.00
$0.00
$0 00
$0.00
$0.00
50.00
50.00
$0.00
S0.00
$0.00
$0.00
S0.00
S0.00
$0.00
50.00
$0.00
S0.00
$0.00
$0.00
TOTAL
512,800.00
City of National City Engineering Department
Paradise Creek Anmdo Removal
10-Sop-07
A. Scope of Work
The Contractor will provide manpower & equipment to cut
and remove all Arundo Donax (Giant Reed) from Paradise
Creek. Arundo Donax will be stockpile by contractor on -
site for removal and disposal by city crews.
'1'hc Contractor will comply with all National Pollutant
Discharge Elimination System Permit requirements.
3. Work to be completed within 10 days of start date. Time
frame may he extended when mutually agreed upon by city
and contractor.
B. Service Area
Approximately 1,400 linear feet of the portion of Paradise Creek (north &
south banks — approximately 12 feet on each side) located on the north
side of Paradise Valley Road between East 8`1' Street and Honeysuckle
Lane
C. Payment
The city will compensate the contractor the total sum of $ 1 2,800.00 upon
completion of work. Payment is payable upon receipt of invoice.
Exhibit B
STATE
COMPENSATION
INSURANCE
FUND
POLICYHOLDER COPY
P.O. BOX 420807, SAN FRANCISCO,CA 94142 --0807
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 09-13-2007
GROUP: 000048
POLICY NUMBER: 0015587-2007
CERTIFICATE ID: 85
CERTIFICATE EXPIRES: 07-01-2008
07-01-2007/07-01-2008
CITY OF. NATIONAL CITY - ENGINEERING DEPT. SD JOB:ALL OPERATIONS - ALL AOPERATIONS
1243 NATIONAL CITY BLVD
NATIONAL CITY CA 91950-4301
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
this certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded
by the policy listed herein.. Notwithstanding any requirement, term or condition of any contract or other document
with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance
of forded by the policy described heroin is subject to all the terms. exclusions. and conditions, of such policy.
JTHORIZED REPRESENTAI1PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: S1,000,000 PER OCCURRENCE.
ENDORSEMENT N0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2007-09-13 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED:
CITY OF NATIONAL CITY - ENGINEERING DEPT.
ENDORSEMENT #2085 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07-01-2008 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
ENDORSEMENT 42570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2007-09-13 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME:
CITY OF NATIONAL CITY - ENGINEERING DEPT.
f MPLOYER
URBAN CORPS OF SAN DIEGO A NON PROFT CRP SD
PO BOX 80156
SAN DIEGO CA 92138
JP1N.SDJ
51€V.4-051 PRINTED : 09-13-2007
SD
WAIVER OF SUBROGATION NOTICE
Enclosed is your copy of a certificate of insurance on which the certificate holder
required a waiver of subrogation:
1. Please be advised that a waiver of subrogation requires that a 3% surcharge
will be applied by State Fund ONLY to the premium assessed on the payroll
of your employees earned while engaged in work for that certificate holder
who requested the waiver. (Note: if you have no employee payroll on that job,
then there is no charge.)
2. To apply the 3% surcharge, you must also agree to maintain accurately
segregated payroll records for employees engaged in work on job/s for the
certificate holder who has the waiver. The payroll records are subject to
verification by an auditor.
Example:
Payroll for job:
Sample Rate:
Regular Premium equals:
Surcharge:
$5,000.00
13.30%
$ 665.00
3.00%
Additional Waiver charge: $ 19.95
Total premium equals $ 684.95 (665.00 .i 19.95)
•— 1..5—.-'M :T( II. .L : r' rH1 I I-1 1 NbUt-:M4t.:-
1b17G 71 e004 r -
'Safeco
•
Insurance
COMMERCIAL GENERAL LIABILITY
CG78350905
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ iT CAREFULLY.
LIABILITY PLUS ENDORSEMENT
This endorsement modifies Insurance provided under tho following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization: City of National City,
its elected officials, employees, agents & represeatativet
1243 National City Blvd.
National City, CA 91950
ADDITIONAL INSURED — BY WRITTEN
CONTRACT, AGREEMENT OR PERMIT, OR
SCHEDULE
The following paragraph is added to WHO IS AN
INSURED (Section II):
4. Any person or organization shown in the Sched-
ule or for whom you are required by written con-
tract, agreement or permit to provide insurance
is an insured, subject to the fotowing additionat
provisions:
a. The contract, agreement or permit must be
in effect during the policy period shown in
the Declarations, and must have been exe-
cuted prior to the 'bet* injury," "ply
damage,' 'personal and advertising injury."
b. The person or organization added as an in-
sured by this endorsement is an insured only
to the extent you are held liable due to;
CG 76 35 09 05
(1) The ownership, maintenance or use of
that part of premises you own, rent,
tease or occupy, subject to the fofoveng
additional provisions:
(a) This insurance does not apply. to
any 'occurrence* which takes place
after you cease to be a tenant in
any premises leased to or rented to
you;
This insurance does not apply. to
any structural alterations, new con-
struction or demolition operations
performed by or on behalf of the
person or organization added as :an
insured;
(2) Your ongoing operations for that in-
sured, whether the work is performed
by you or for you;
(b)
Includes Copyrighted Material of Insurance Services Office, Inc., with its permission.
Copyright, Insurance Services, 2001
Sateen and the Salim logo WO registered trademarks o) ages* Corpro :Jbn
Page i Of 3 tP
GA.G454.Rittttrl d LIfS .
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r.tJJ
&COi4R CERTIFICATE OF LIABILITY INSURANCE
maix
9/13/2007
PRoMMER
Protessioiai Insurance Associates, Inc.
house Account
1100 Industrial 43
P.O. Box 1266
San Carlos, CA 94070
THiS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY ANO CONFERS NO RIGHT'S UPON THE CERTIFiOATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW.
INSURERS AFFORDING COVERAGE
iN5L &O
URBAN CORPS 0f SAN DIE60
3127 Jefferson Street
Post Office Box 80156
San Diego, CA 92113
COVERAGES
A: Aeerican States insurancs Company
INFU en a F i rst National insurance Co. of America
MIeuRER C:
INSURER a:
INSURER E
THE POLICIES
, ANY
MAY CPERTAIN
POVI
OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE
QUIRptfr, TERM OR OONIHmON OF ANY CONTRACT OR C *
INSISTED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO ANDING
WR DOCUMENT Rim RESPECT TO WPOC H THIS CERTIFICATE MAY BE TOR
CIS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
THE INSURANCE AFForeED BY THE POUCIES IES. AGGREGATE SHOWN MAY HAVE BEEN REfluCED DESC D BY
9 TYPE OF INNANCE
POLICY NUMBER
> '
POUCY 'tom"'
LIMITS
A
=NNW.
LABILITY
C O8IUF Q N menAt ummuTY
01-C6-925155-2
10/25/2006
10/25/2007
EACH OCOUMENCE
S1,000.000
*200 , 000
X
, FETE WAA6i (My en* NN
1 CLUISS LADE rxlOCCUR
NEDSW(M.=P-..4
i10,000
. _
G&5L)GGREEMEU1
PEinso t i. ADV *um
* 1, 000.000
GENERAL AGATE
*3,000,000
i1,000,000
TAPPLIESPER
moroCTS.COWQPAco
POLICY n n LC
l
B
„Ui
ELIAe„Y
m' no
ALL OWNEDAIJTOS
SCHEDULED AUTOS
i#FLDAUf05
NON-ONNED A
25CC00154640
10/25/2006
10/25/2007
COMBINED JO ME LIMIT
:1,008,81i0
X
X
elornLY;wLA;r
Ter Pe^wasl
X
BODILY INJURY
(Pat f
El
STY DAMAGE
i
oARAGEUASATY
ANY AUTO
AUTOQ$LY.EANXIDENT
5
1
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OIJLY A00
i
EXCESS UA®Ilr;_
GAON OCCURRENCE
$
Ti[i
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ACIGRCGAT
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RETENT7011 1
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$
$
waRICESSCOMPENSATION AND
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Itt-
1T«TYTLUHFS I i
E L. EAO<i ACCIDENT
i
EL DISEASE • EA SMPLOYSELf
EL OISEASE - POLICY LIMIT m
OCROFFI no. OF OPORRTIONSILACRERROINUICLESIERULUNOIN AWES eY lIRONSOSEISTE,PINIEL PROVISIONS
City of National City, its elected officials, employees, agents and representatives are Additionally inured per CO 75i35 09 05
(attached)
cERT1FiCATE HOLDER ! X i AOama1Mi stamen; INSURER LETTER: A
City of National City - Engineering Dept.
Barbara Tipton
1243 National City Blvd.
National City CA 91950-
CORD 25-13 (7/97)
S1IDULD ANY of tse AOOVE UEscousco Pacsses eE omoa LagD e(PoRE THe miRA1ION
DATE mimeos. THE ssuING mums eftaxponew we. 30 DAYS merry*
NOTICE TO THE CERTIFICATE HOLDEN REARED TO THE LEFT,
NJg OR
a Accsiu OORPORAtioN 199s
T7 r,,a 11 fa?
City of National City
Office of the City Engineer
1243 National City Blvd., National City, CA 91950
(619) 336-4380 Fax: (619) 336-4397
October 3, 2007
Urban Corps
Sam Duran, Chief Executive Officer
P.O. Box 80156
San Diego, CA 92138-0156
Subject: Notice to Proceed - Paradise Creek Arundo (Giant Reed) removal
Dear Mr. Duran.
The Urban Corps is authorized to begin work on the above referenced project as
of Wednesday, October 3, 2007. In accords with the agreement, work must
commence with 5 days of this notice The contract time is 10 days unless the
city and the Urban Corps mutually agree upon changes.
Barbara Tipton is the City's representative for this project. Please contact her at
(619) 336-4583 for pre -job conference.
Sincerely,
n Daneshfar
Marf/arn Babaki
Project Manager CitEngineer
CC: Michael Dalia, City Clerk with original agreement
Engineering Department File
Storm Water Compliance Inspector
Connie Villareal (Fax 619-235-5425) without attachment
Attachment: Agreement between City Of National City and Urban Corps
® Recycled Paper