HomeMy WebLinkAboutGolden Bell Products Inc; 2020-01-08; PSA20-977UTILPSA20-977UTIL
City Attorney Approved Version 6/12/18
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AGREEMENT FOR SEWER MANHOLE ROACH CONTROL SERVICES
GOLDEN BELL PRODUCTS, INC.
THIS AGREEMENT is made and entered into as of the ______________ day of
___________________, 20____, 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 applying INSECTA insecticidal 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 one hundred eighty (180) days from the date first
above written.
3. COMPENSATION
The total fee payable for the Services to be performed shall not exceed six thousand two hundred
forty-seven dollars and fifty cents ($6,247.50). 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.
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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 michelle@goldenbellproducts.com
Phone No. 760-438-2722 x7137
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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 four 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.
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17. 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
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EXHIBIT “A”
SCOPE OF SERVICES
Golden Bell Products 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 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. Customer 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 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 Golden Bell Products at no additional charge or obligation to Customer. Golden
Bell Products will retreat 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. Golden Bell Products
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.
Customer will supply paper quarter section maps indicating exact locations of manholes to be
treated, street names and smart cover locations. Golden Bell Products will not be responsible
for any damage to unidentified smart covers.
Customer will make accessible all designated manholes to be coated. If not accessible by
service truck Golden Bell Products will notify Customer.
Customer 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 Customer and Golden Bell Products
Requirements may be added or deleted from the above Scope of Work; however, these must
be agreed upon by both parties prior to the commencement of work.
The cost of additional permits and/or licenses, other than those already required by the state,
required within city limits to perform work within that city will be assumed by the Customer.
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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 traveled areas may be required.
Pricing for 255 manholes @ $24.50 each is $6,247.50
(This is a service- no tax)
JOB QUOTATION
ITEM NO. UNIT UNIT
PRICE
QTY DESCRIPTION PRICE
1 EA $24.50 255 Manhole Roach Control $6,247.50
TOTAL* (not to exceed) $6,247.50
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