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HomeMy WebLinkAboutGolden Bell Products Inc; 2015-04-17; UTIL1180UTIL1180 AGREEMENT FOR SEWER MANHOLE ROACH CONTROL SERVICES GOLDEN BELL PRODUCTS, INC. 'HIS AGREEMENT is made and entered into as of the //^^^ day of ^/'Z / 2015, 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 Contractor that is experienced in providing and applying INSECTA insecticidal roach control 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 thirty (30) days from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be five thousand eight hundred forty two dollars ($5,842). 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. WAGE RATES 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 Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. The contractor to whom the contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the contract. 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 attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. City Attorney Approved Version 1/30/13 UTIL1180 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 rating in the Best's Key Rating guide of at least A-:VII OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least ''A:X'', in an amount of not less than one million dollars ($1,000,000) each, unless othenvise 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. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement. 8. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carisbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 9. 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. 10. 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. 11. 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 Califomia 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. 12. 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, Califomia. 13. 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. City Attorney Approved Version 1/30/13 UTIL1180 14. 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. 15. 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 CITY OF CARLSBAD, a municipal GOLDEN BELL PRODUCTS, INC. a corporation of the State of California California corporation. By: (sign here) City Manager dr Mayor or Director Murrill G. Adams / President (print name/title) (sign here) Marilyn M. Adams / Secretary - Treasurer (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:. Assistant City Attome; City Attorney Approved Version 1/30/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califomia County of Orange On March 25, 2015 before me, Devinder Walia, Notary Public DATE NAME, TITLE OF OFFICER-E.G, "JANE DOE, NOTARY PUBLIC" personally appeared Murrill G. Adams and Marilyn M. Adams who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) jg/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in htSTter/their authorized capacity(ies), and that by hisi%cr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is tme and correct. DEVINDER WALIA f Commission # 2027786 t Notary Public - California 1 Orange County g My Comm. Expires Jun 7, 2017 L WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT • INDIVIDUAL H CORPORATE OFFICER TITLE(S) Agreement for sewer manhole roach control services TITLE OR TYPE OF DOCUMENT • PARTNER(S) • LIMITED • GENERAL • ATTORNEY-IN-FACT • TRUSTEE(S) • GUARDIAN/CONSERVATOR • OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE UTIL1180 EXHIBIT "A" SCOPE OF SERVICES ITEM NO UNIT QTY DESCRIPTION PRICE 1 Ea@ $23.00 254 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 $5,842 Total not to exceed amount $5,842 *lncludes taxes, fee's, expenses and all other costs. 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. Golden Bell Products to perform the following items: • Apply an approved product for sewer roach control application in sanitary manholes. • Treat to depth of eight (8) 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. • 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, yards, parking lots, and streets. • Guarantee the application for Two (2) full years 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 report live roaches within fourteen (14) 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 quarter section maps indicating exact locations of manholes and cleanouts. • Customer will make accessible all designated manholes to be coated. If not accessible Golden Bell Products will notify Customer. City Attomey Approved Version 1/30/13 UTIL1180 Customer will provide inspection and assistance where necessary. No more than 60 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. *NOTE: The Insecticidal-latex coating is not a repellent and therefore, will not repel roaches. They must rest on it to eliminate them! Pricing for less than 1000 manholes is $23.00 each. Pricing for more than 1000 manholes is $21.50 each. Example Pricing for 150 manholes @$23.00 each is $3,450.00. (This is a service- no Tax) * There is a 150 manhole minimum for all jobs. City Attorney Approved Version 1/30/13 JABco 16410 Shore Oaks Court Noblesville, IN 46060 Office: (317)776-9375 Toll Free: (888) 781-6955 Cell: (727) 365-6995 Fax: (317) 776-9376 Email: jimmer777@verlzon.net Exhibit "B" September 16, 2013 To Whom It May Concern: I, Jim Lawrence, President of JABco, the manufacturing company for Insecta, EPA registration number 45600-1, have granted Golden Bell Products the sole distribution and application rights within the State of Califomia. Golden Bell Products has proven its expertise in selling and applying Insecta 45600-1 since 1997 and will maintain the sole source to Insecta until the year 2030. Any Califomia City, County or State Municipality, District and or Water company that would use Insecta or Insecta Liquid for self-application is required to purchase the material from Golden Bell Products. If any bids were received indicating othennnse, the bidding company is misrepresenting itself. All insecta 45600-1 product used for manhole cockroach control in sewer manholes is sold through Golden Bell Products. Sincerely Jim Lawrence President WORLD LEADER IN SEWER COCKROACH CONTROL A Exhibit "C" PRODUCTS, INC. 1200 N. Jefferson St "M" Anaheim, CA 92807- PHONE (714) 630-3861 / FAX (714) 630-4807 wvvw.goldenbellproducts.com Sole Source Justification Within the State of California Golden Bell Products has the sole source right for the application and distribution of Insecta. Golden Bell Products has provided the service and product that is used in sewer manholes for the control of cockroaches since October of 1998, when the first test area was treated in the State of California. Insecta is the only registered product of its type and active ingredient labeled for use in sewer manholes. The product is a formulated product, which is produced In an EPA approved establishment. The product comes ready to use and since it is a polymerized product there is no field mixing required, (which is not the case with any additive type product). Insecta has been tested and applied by Orange County Sanitation Districts and has proven to be effective standing up to the 2 year guarantee provided by Golden Bell and the product manufacturer. Additionally this product is used and approved by Los Angeles County Sanitation District and approximately 60 other cities and agencies within the state of California. Over the past 16 years Golden Bell Products has provided this service with minimal price increases, and no incidents or accidents. Finally Golden Bell Products Is a local vendor that holds the correct licensing for application of pesticides in sewer manholes. Golden Bell Products is licensed by the California Agricultural Department of Pesticide Regulation. Holding a QAL license with the required categories A, C and N and a Pest Control Business License. Golden Bell carries and maintains all current registrations with all the County Agricultural Commissioners in each of the counties they apply the Insecta pesticide in. The accompanying letter from the manufacturer of Insecta shows Golden Bell Products as the sole source to the application and distribution of Insecta in the State of California.