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HomeMy WebLinkAboutHabitat Protection Inc; 2025-06-13; PSA25-3852FACPSA25-3852FAC City Attorney Approved Version 2/11/2025 Page 1 AGREEMENT FOR MONROE STREET POOL - TERMITE ABATEMENT SERVICES HABITAT PROTECTION, INC. THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2025, by and between the City of Carlsbad, California, a municipal corporation ("City") and Habitat Protection, Inc., a California corporation ("Contractor"). RECITALS City requires the services of a contractor that is experienced in environmental services. Contractor has the necessary experience in providing these services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the “Services”) that are defined in Exhibit “A,” attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM The term of this Agreement will be effective from the date first above written to May 23, 2026. 3. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed six thousand seven hundred twenty dollars ($6,720). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. Payment terms are NET 30 unless provided otherwise in Exhibit “A.” City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit “A.” 4. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the City’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the City approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification-subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. Docusign Envelope ID: 6D1096A7-A89E-4875-B7BF-3B6AD89B2800 13th June PSA25-3852FAC City Attorney Approved Version 2/11/2025 Page 2 It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. 5. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement constitute “public works” under California Labor Code section 1720 et seq. and are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by contractor in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 6. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor’s independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 7. INDEMNIFICATION Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described herein caused by any willful misconduct or negligent act or omission 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. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code Section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. Docusign Envelope ID: 6D1096A7-A89E-4875-B7BF-3B6AD89B2800 PSA25-3852FAC City Attorney Approved Version 2/11/2025 Page 3 8. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City’s execution of this Agreement. 9. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Steven Stewart Name Bart Van Diepen Title Municipal Projects Manager Title Vice President Department Fleet & Facilities Address 751 W 4th Ave. City of Carlsbad Escondido, CA 92025 Address 1635 Faraday Ave. Phone No. 760-533-5792 Escondido, CA 92025 Email barr@habitatprotection.net Phone No. 760-533-5792 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. 10. 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 as required in the City of Carlsbad Conflict of Interest Code. For Labor Compliance Service Agreements, the Contractor further represents, warrants, and declares, under penalty of perjury, interest, as that term is defined in Labor Code Section 1771.8(a)(2) does not exist. Yes ☐ No ☒ If yes, list the contact information below for all individuals required to file: Docusign Envelope ID: 6D1096A7-A89E-4875-B7BF-3B6AD89B2800 PSA25-3852FAC City Attorney Approved Version 2/11/2025 Page 4 Name Email Phone Number 11. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 12. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 13. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 14. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 15. JURISDICTIONS AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California without regard to, or application of, choice of law rules or principles. Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 16. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 17. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than the City and Contractor. 18. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. Docusign Envelope ID: 6D1096A7-A89E-4875-B7BF-3B6AD89B2800 PSA25-3852FAC City Attorney Approved Version 2/11/2025 Page 5 19. 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. This Agreement may be entered in counterparts. 20. 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. [signatures on following page] Docusign Envelope ID: 6D1096A7-A89E-4875-B7BF-3B6AD89B2800 PSA25-3852FAC City Attorney Approved Version 2/11/2025 Page 6 CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California HABITAT PROTECTION, INC., a California corporation By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Lea Van Diepen, President & Secretary (print name/title) ATTEST: By: SHERRY FREISINGER, City Clerk (sign here) By: Assistant City Clerk (print name/title) 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. Group B. Chairman, Secretary, President, or Assistant Secretary, Vice-President 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: CINDIE K. McMAHON, City Attorney By: _____________________________ Assistant City Attorney Docusign Envelope ID: 6D1096A7-A89E-4875-B7BF-3B6AD89B2800 PSA25-3852FAC City Attorney Approved Version 2/11/2025 Page 7 EXHIBIT A SCOPE OF SERVICES AND FEE Scope of Work: Contractor to inspect building structure located at 3401 Monroe St. Carlsbad, CA 92008, for visible evidence of termite damage and mark areas of noted damage; heat-treat all internal areas of building structure where noted or suspected termite activity has or may have occurred and then apply borate spray material to all exposed wood framing to prevent potential future termite damage to them. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 Lot 1 Heat treatment for termite elimination $3,850 2 Lot 1 Borate application on exposed lumber $2,870 TOTAL* $6,720.00 *Includes taxes, fees, expenses and all other costs. Docusign Envelope ID: 6D1096A7-A89E-4875-B7BF-3B6AD89B2800 Docusign Envelope ID: 6D1096A7-A89E-4875-B7BF-3B6AD89B2800 Docusign Envelope ID: 6D1096A7-A89E-4875-B7BF-3B6AD89B2800 Docusign Envelope ID: 6D1096A7-A89E-4875-B7BF-3B6AD89B2800 Docusign Envelope ID: 6D1096A7-A89E-4875-B7BF-3B6AD89B2800 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE {MM/DD/YYYY) ~ 12/04/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT SANDRA WARREN NAME: State Farm JOHNY CHO wgN:o Extl: 760-758-4115 I FAX 760-758-4162 IA/C Nol: A ® 3520 COLLEGE BLVD E:_M_~!:--. SANDY@JOHNCHO.ORG SUITE 104 INSURER{S) AFFORDING COVERAGE NAIC# OCEANSIDE CA 92056 INSURER A: State Farm Mutual Automobile Insurance Company 25178 INSURED INSURERB: HABITAT PROTECTION INC INSURERC: 751 W4THAVE INSURERD: INSURER E: ESCONDIDO CA 92025 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. '""" TYPE OF INSURANCE AUU :SUB POLICY NUMBER (MMIDDNm"I (MM/Doim LIMITS LTR INSD WVD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ I CLAIMS-MADE □ OCCUR DAMAGE TO RENTED $ PREMISES !Ea occurrence\ MED EXP (Any one person) $ -PERSONAL & ADV INJURY -$ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ =7 □PRO-DLoc PRODUCTS· COMP/OP AGG $ POLICY JECT OTHER: $ AUTOMOBILE LIABILITY 118 2848-F14-55H 12/14/2024 12/14/2025 COMBINED SINGLE LIMIT $ 2,000,000 (Ea accident) A ANY AUTO 287 5283-F05-55J 12/05/2024 12/05/2025 BODILY INJURY (Per person) $ A X OWNED -x SCHEDULED y BODILY INJURY (Per accident) AUTOS ONLY _ AUTOS $ x HIRED X NON-OWNED 287 5294-F05-55H 12/05/2024 12/05/2025 1"-UIC:I"'\ I Y UAMAl::it:. AUTOS ONLY _ AUTOSONLY /Per accident\ $ -422 4780-B08-55F 08/08/2024 08/08/2025 $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION I ~~fTIITI= I I ~JH-$ AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Dy/ N E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) APPLIES TO ALL PROJECTS WITH THE CITY OF CARLSBAD ADDITIONAL INSURED: CITY OF CARLSBAD/CMWD, C/O EXIGIS INSURANCE COMPLIANCE SERVICES, PPO BOX 947, MURRIETA, CA 92564 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF CARLSBAD/CWD ACCORDANCE WITH THE POLICY PROVISIONS. C/0 EXIGIS INSURANCE COMPLIANCE SERVICES AUTHORIZED REPRESENTATIVE PO BOX947 MURRIETA CA 92564 Sandra Warren I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 1001486 132849.14 04-13-2022 Docusign Envelope ID: 6D1096A7-A89E-4875-B7BF-3B6AD89B2800 Docusign Envelope ID: 6D1096A7-A89E-4875-B7BF-3B6AD89B2800 Docusign Envelope ID: 6D1096A7-A89E-4875-B7BF-3B6AD89B2800 Docusign Envelope ID: 6D1096A7-A89E-4875-B7BF-3B6AD89B2800