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HomeMy WebLinkAboutGolden Bell Products Inc; 2019-04-11; PSA19-738UTILPSA19-738UTIL City Attorney Approved Version 6/12/18 1 AGREEMENT FOR SEWER MANHOLE ROACH CONTROL SERVICES GOLDEN BELL PRODUCTS, INC. THIS AGREEMENT is made and entered into as of the ______________ day of ___________________, 2019, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and GOLDEN BELL PRODUCTS, INC., a California corporation, ("Contractor”). RECITALS City requires the professional services of a roach control consultant/provider that is experienced in roach control application for sewer manholes. Contractor has the necessary experience in providing these professional 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 This Agreement will be effective for a period of sixty (60) days from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed shall not exceed seven thousand three hundred fifty dollars ($7,350). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. 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. 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 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 him or her 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. DocuSign Envelope ID: 9AEF0F79-A097-438C-BD12-4EF373EFD032 11th April PSA19-738UTIL City Attorney Approved Version 6/12/18 2 5. 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. 6. 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 attorney’s 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 of this section, and that this section will survive the expiration or early termination of this Agreement. 7. 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. 8. 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 Jesse Castaneda Name Michelle Webster Title Utilities Supervisor Title Project Manager Department Public Works Address 952 N Batavia Street City of Carlsbad Orange, CA 92867 Address 5950 El Camino Real Phone No. 714-363-3985 Carlsbad, CA 92008 Email michellew@goldenbellproducts.com Phone No. 760-438-2722 x7137 DocuSign Envelope ID: 9AEF0F79-A097-438C-BD12-4EF373EFD032 PSA19-738UTIL City Attorney Approved Version 6/12/18 3 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. 9. 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 categories. Yes No 10. 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. 11. 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. 12. 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. 13. JURISDICTIONS AND VENUE 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. 14. 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. 15. 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: 9AEF0F79-A097-438C-BD12-4EF373EFD032 PSA19-738UTIL City Attorney Approved Version 6/12/18 4 16. 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 GOLDEN BELL PRODUCTS, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Vicki V. Quiram, Utilities Director Murrill G. Adams, President (print name/title) By: (sign here) Marilyn M. Adams, Secretary (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: CELIA A. BREWER, City Attorney By: Deputy City Attorney DocuSign Envelope ID: 9AEF0F79-A097-438C-BD12-4EF373EFD032 PSA19-738UTIL City Attorney Approved Version 6/12/18 5 EXHIBIT “A” SCOPE OF SERVICES Contractor to provide all labor, material and supplies required to coat sanitary sewer manholes with INSECTA, insecticidal latex coating for sewer roach control and to perform the following:  Apply INSECTA, an approved product for sewer roach control application in sanitary manholes.  Treat to depth of seven (7) feet or less, with an approximate area of 100 square feet per manhole.  Will prepare and treat according to manufacturer’s specifications for preparation instructions.  Apply coating based on the manufacturers recommended label rates, five (5) manholes per gallon, not to exceed three (3) pints per manhole.  Remove existing sewer manhole covers, sweep and clean the inside of the cover area, spray INSECTA, reseat the cover and mark the reinstalled cover with a painted white line extending from the manhole cover to the adjoining pavement, indicating that the cover has been reseated properly and firmly. Liability for damage caused by covers that have been reinstalled and marked is limited to 24 hours. Covers that are damaged or will not reseat properly will be immediately reported to the customer. City assumes all liability for damages caused by covers that fail to properly reseat.  Mark each manhole cover with an identifying white dot after being treated.  Provide proper supervision at the job site during all phases of work.  Be responsible for coordinating the work to be done. Work will take place in accessible alleys, parking lots, and streets.  Guarantee the application for eighteen (18) months from the date of treatment. If more than 50 living roaches are found in a manhole during the warranty period, the manhole must then be retreated by Contractor at no additional charge or obligation to City. Contractor will re-treat any manhole which inspections with photographs report live roaches within sixty (60) calendar days after notification; providing more than 50 live roaches are found inside the manhole during two inspections occurring two days apart. *  Will report number of manholes treated when submitting billing invoices. Contractor will indicate in writing on each quarter section map, the number of manholes treated, applicators name initials with the date of completion. This will serve as the record of application for the necessary Agencies and warranty information.  City will supply quarter section maps indicating exact locations of manholes and cleanouts.  City will make accessible all designated manholes to be coated. If not accessible by service truck Contractor will notify City.  City will provide inspection and assistance where necessary.  No more than 90 calendar days will elapse between date of notice to proceed and completion of the application. A reasonable time for potentially unfavorable weather will be mutually agreed upon by City and Contractor.  The cost of additional permits and/or licenses, other than those already required by the state, will be assumed by the City. Golden Bell Products will supply all appropriate insurance coverage required by the state licensing agencies to apply roach control product to sewer manholes; if any additional insurance is required and available at additional costs those costs will be assumed by the Customer. Special Note: Some assistance with traffic control in heavily traffic areas may be required. DocuSign Envelope ID: 9AEF0F79-A097-438C-BD12-4EF373EFD032 PSA19-738UTIL City Attorney Approved Version 6/12/18 6 Total Pricing for 300 manholes @$24.50 each is $7,350.00 JOB QUOTATION ITEM NO. UNIT UNIT PRICE QTY DESCRIPTION PRICE 1 EA $24.50 300 Manhole Roach Control $7,350 TOTAL* (not to exceed) $7,350 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: 9AEF0F79-A097-438C-BD12-4EF373EFD032 ACORD® CERTIFICATE OF LIABILITY INSURANCE ~ DATE (MM/DD/YYYY) ~ 03/22/2019 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 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 Jeanette Heinrichs NAME: Van Beurden Ins. Serv, Inc. -Kingsburg PHONE (559) I FAX PO Box 67 /A/C No Ext\: 897-2975 IA/C Nol: (559) 897-4070 E-MAIL Kingsburg CA 93631 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Evans ton Insurance Company 35378 INSURED (714) 630-3861 INSURERS: Golden Bell Products, Inc, INSURERC: P.O. Box 366 INSURERD: Atwood CA 92811 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· Cert ID 31691 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR 1,.,.,n W\tn POLICY NUMBER /MM/DD/YYYYI IMM/DD/YYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 I CLAIMS-MADE GQ OCCUR MKLV5ENV101253 10/25/2018 10/25/2019 DAMAGE TO RENTED PREMISES (Ea occurrence\ $ 50,000 X CPL MED EXP (Any one person) $ 5,000 X 10,000 SIR 1--PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 Fl □PRO-DLoc PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1--(Ea accident\ ANY AUTO BODILY INJURY (Per person) $ ~ -ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ ~ AUTOS I--AUTOS NON-OWNED PROPERTY DAMAGE $ 1--HIRED AUTOS ~ AUTOS IPer accident\ $ A UMBRELLA LIAB ~ OCCUR MKLV5EFX100304 10/25/2018 10/25/2019 EACH OCCURRENCE $ 2,000,000 ~ X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 OED I X I RETENTION $ 10,000 $ WORKERS COMPENSATION I PER I I OTH-STATUTE ER AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE □ 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 A Cont. Pollution Liab. MKLV5ENV101253 10/25/2018 10/25/2019 $25,000 SIR $ 1,000,000 A Environ. Impairment Liab. MKLV5ENV101253 10/25/2018 10/25/2019 $25,000 SIR $ 1,Q00,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Carlsbad/CMWD and its officers, officials, employees and volunteers are named additional insured as respects to General Liability per attached additional insured form(s)only when required by written contract. 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/CMWD ACCORDANCE WITH THE POLICY PROVISIONS. c/o EXIGIS Insurance Compliance Services P. O, Box 4668-ECM #35050 AUTHORIZED REPRESENTATIVE New York NY 10163-4668 ~✓..~,l I © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD CERTIFICATE COVERAGES OVERFLOW I DATE (MM/DD/YVYY) 03/22/2019 PRODUCER INSURED Van Beurden Ins. Serv, Inc. -Kingsburg Golden Bell Products, Inc. PO Box 67 P.O. Box 366 Kingsburg CA 93631 Atwood CA 92811 CONTACT NAME: I PHONE (A/C, No, Ext): PHONE (A/C, No, Ext): Jeanette Heinrichs (559) 897-2975 (714) 630-3861 ADDITIONAL COVERAGES CERTIFICATE NUMBER: Cert ID 31691 REVISION NUMBER: INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/VVVV) (MM/DD/VVVV) LIMITS A Incid.Prof.Services Liab. MKLV5ENV101253 10/25/2018 10/25/2019 $ 1,000,000 $ $ $ $ $ $ $ $ $ $ $ $ $ ; $ $ $ $ Certificate Coverages Overflow (11/2010) all Polley Number: MKLV5ENV101253 COMMERCIAL GENERAL LIABILITY MARKEL® EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY, P.LEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -PRIMARY AND NQN .. C0NTRIBUTORY - OWNERS1 LESSEES OR CONTRACTORS This endorsement modifies Insurance provided under the followlng: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. Section II -Who Is An Insured ls amended to Include as an additional Insured any person(s) or organlzatlon(s) to whom the Insured agrees to provide addltlonal Insured status on a primary and non-contributory basis In a written contract, provided such written contract is signed by both parties and executed prior to the commencement of operations, but only with respect to Uablllty for "bodlly Injury'\ 11property damage" or 11personal and advertising Injury" caused, In whole or In part, by: 1. Your acts or omlsslonsj or 2. The acts or omissions of those acting on your behalf; ln the performance of your ongoing operations for the additional lnsur~d. However, the Insurance afforded to such additional Insured: 1. Only applles to the extent permitted by laWi and 2. WIii not be broader than that which you are required by the contract or agreement to provide for such addltlonal Insured, · · B, With respect to the Insurance afforded to these additional Insureds, the following addltlonal exclusions apply: This Insurance does not apply to 11bodlly injury", "property damage", or 11personal and advertising lnjury11 occurring after; · 1. All work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional Insured at the location of the covered operations, Including materials, parts or equipment furnished In connection with such work, has been completed; or 2, That portion of "your work". out of which the Injury or damage arises has been put to Its Intended use by any person or organl:zatlon other than another contractor or subcontractor engaged In performing operations for a principal as a part of the same project. C. With respect to the Insurance afforded to these additional Insureds, the following ls added to Section Ill -Limits Of Insurance: · The most we wlll pay on behalf of the additional Insured Is the amount of Insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits Of Insurance shown In the Declarations; whichever is less, This endor$ement will not Increase the applicable Limits Of Insurance shown In the Declarations, MEGL 1543 0516 Includes copyrighted material of Insurance Seivlces Office, lno" with Its permission. Page 1 of 2 D.1 With respect to the coverage provld~d by, this endorsement, the followlng Is added to Paragraph 4. Other Insurance under Section IV -Commercial General Liability Conditions: . Primary And Noncontributory Insurance This Insurance Is primary to and will not seek contribution from any other Insurance avallable to any person(s) or organlzatlon(s) qualifying as an additional Insured by this endorsement provided that: (1) The additional Insured Is a Named Insured under such other Insurance; and (2) You have agreed In writing In a contract or agreement that this Insurance would be primary and would not seek contribution from any other Insurance available to the additional Insured, All other terms and conditions remain unchanged. MEGL 1543 05, 16 Includes copytlghted material of Insurance Services Office, Inc,, with Its permission. Page 2. of 2 POLICY NUMBER: MKLV5ENV101253 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endor~ement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED O.PERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) or Oraanlzatlon(s) Location And Description Of Completed Operations As required by w.rltten contract signed by both parties NIA and executed prior to commencement of operations, I Information reQUlred to complete this Schedule, If not·shown above, will be shown In the Declarations. A. Section II -Who Is An Insured Is amended to Include as ~n additional Insured the person(s) or organlzatlon(s) shown In the Schedule,.but only with respect to llabllity for "bodily Injury" or "property damage" caused, In whole or In part, by "your work" at the location designated and described In the Schedule of this endorsement performed for that additional Insured and Included In the "products-completed operations hazard", However: 1. The Insurance afforded to such adcllttonal Insured only applies to the extent permitted by law; and 2. If coverage provided to the additional Insured Is required by a contract or agreement, the Insurance afforded to such additional Insured wlll not be broader than that which you are required by the contract or agreement to provide for such addltlonal Insured, B, With resrect to the Insurance afforded tdod tdheste addrtlona Insureds, the following Is a e o Section Ill -Limits Of Insurance: If coverage provided to the additional Insured Is required by a contract or agreement, the most we will pay on behalf of the additional Insured Is the amount of Insurance: 1. Required by the contract or agreement; or 2. Available under the applloable Limits of Insurance shown In the Declarations; whichever Is less, This endorsement shall not Increase the applloable Limits of Insurance shown In the Declarations. _,.n -••-.-nnAt') Paae 1 of1 all Policy Number: MKI.. V5ENV101253 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: MKLV5ENV101253 MARKEL® EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ~LANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Person Or Organization: Any person(s) or organl:zatlon(s) with whom the Named Insured agrees, In a written contract executed prior to·the 11occurrence11 1 to waive rights of recovery Additional Premium: · The following Is added to Condition 8, Transfer Of Rights Of Recovery Against Others To Us under Section IV - Commercial General Llablllty Conditions: We-waive any right of recovery we may have against any person or organization shown ln the Schedule of this endorsement. This waiver applies only to the person or organization shown In the Schedule of this endorsement. All other terms and conditions remain unchanged, I MEGL. 0241-01 0516 Includes copyrighted material of Insurance Seivloes Office, lno., wlth Its permission, Page 1 of 1