HomeMy WebLinkAboutPestmaster Services / Habitat Protection; 2004-07-29; PWGS281RATIFICATION OF AMENDMENT NO. 4 TO EXTEND AND AMEND AGREEMENT
FOR FACILITIES PEST CONTROL SERVICES
Habitat Protection dba Pestmaster Services
PWGS281
This Ratification of Amendment No. 4 is entered into as of the c ^j* day
of JX&~Qtfr jw\\>ej-\ _ , 2008, but effective as of the
twenty-ninth day of July, 2008, extending and amending the agreement dated July 29, 2004 (the
"Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Habitat
Protection Inc dba Pestmaster Services, ("Contractor") (collectively, the "Parties").
RECITALS
A. On June 30, 2005, the Parties executed Amendment No. 1 to the Agreement to
extend and fund the agreement for a one-year period; and
B. On November 28, 2006, the Parties executed Ratification of Amendment No. 2 to
extend and amend and fund the agreement for a one-year period; and
C. On January 28, 2008, the Parties executed Ratification of Amendment No. 3 to
extend and amend and fund the agreement for a one-year period; and
D. The Agreement, as amended from time to time expired on July 29, 2008, and
Contractor continued to work on the services specified therein without the benefit of an
agreement.
E. The Parties desire to extend and fund the Agreement for a period of one-year
ending July 29, 2009.
F. The Parties have negotiated and agreed upon a new Scope of Services and Fee
attached hereto as Exhibit "A". .
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1 . The retroactive extension and amendment of the Agreement is ratified.
2. That the Agreement, as may have been amended from time to time, is hereby
extended for a period of one year ending on July 29, 2009 on a time and materials basis not-to-
exceed Fifty Thousand dollars ($50,000) per Agreement year.
3. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
4. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
City Attorney Approved Version #05.22..01
5. The individuals executing this Amendment 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 amendment.
CONTRACTOR CITY OF ACARLSBAD, a muni;
corporation/of the State of Californic
(sign here)
]/AAA V.P.
\ &fi W
(print name/title)
_OflAi_
ATTEST:
^ (e-mail address)
**By:U^,J L,.T LORRAINE M. WOOD
City Clerk
' /—"^. rtfHn(v\( k W,nrT ^ "T
(sign here)
(print name/title)
(e-mail address)
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.
Chairman,
President, or
Vice-President
**Group B.
Secretary,
Assistant Secretary,
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:
RONALD R. BALL, City Attorney
City Attorney Approved Version #05.22..01
EXHIBIT "A"
SCOPE OF SERVICES AND FEE
Facilities Pest Control Service
PWGS281
FACILITY NAME
Parks Department Complex
Calavera Hills Community
Center
Chase Field Snack Bar
CIT Modular
City Administration
City Hall Complex and Council
Chambers
City Maintenance Yard Complex
Community Swim Complex
Elmwood House
Farmers Building
Fire Station #1
Fire Station #2
Fire Station #3
Fire Station #4
Fire Station #5
Fire Station #6
Harding Community Center
Complex
Heritage Hall
Hiring Center
Holiday House
Kruger House
Leo Carrillo Park Facilities
Library (Dove)
Library (Cole)
Library Learning Center
Magee House
Railroad Depot (ConVis)
Safety Center
S.C. Fleet Maintenance
Scout House
Senior Center
Stagecoach Community Center
Water District Facilities
ADDRESS
11 66 Carlsbad Village Dr
2997 Glasgow Dr
3349 Harding St
3430 Harding St
1635 Faraday Av
1200 Carlsbad Village Dr
405 Oak Av
3401 Monroe St
2955 Elmwood St
5815EICaminoReal
1275 Carlsbad Village Dr
1906ArenalRd
3701 Catalina Dr
6885 Batiquitos Ln
2540 Orion Wy
7201 Rancho Santa Fe Rd
3096 Harding St
2650 Garfield St
5958 El Camino Real
3235 Eureka PI
321 5 Eureka PI
6200 Flying LC Ln
1775 Dove Ln
1250 Carlsbad Village Dr
3363 Eureka PI
258 Beech Av
400 Carlsbad Village Dr
2560 Orion Wy
2480 Orion Wy
3225 Eureka PI
799 Pine Av
3420 Camino de los Coches
5950 El Camino Real
ANNUAL
SERVICE
EVENTS
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
FEE
$34.89
$34.89
$23.66
$16.83
$34.89
$46.52
$34.89
$46.52
$34.89
$58.20
$46.52
$46.52
$46.52
$46.52
$46.52
$46.52
$34.89
$23.66
$34.89
$23.66
$23.66
$34.89
$46.52
$46.52
$46.52
$23.66
$34.89
$46.52
$34.89
$23.66
$46.52
$34.89
$46.52
ANNUAL FEE
(Ext. Amount)
$418.68
$418.68
$283.92
$201.96
$418.68
$558.24
$418.68
$558.24
$418.68
$698.40
$558.24
$558.24
$558.24
$558.24
$558.24
$558.24
$418.68
$283.92
$418.68
$283.92
$283.92
$418.68
$558.24
$558.24
$558.24
$283.92
$418.68
$558.24
$418.68
$283.92
$558.24
$418.68
$558.24
City Attorney Approved Version #05.22..01
The following items are to be
priced as shown and added to
the TOTAL ESTIMATED
ANNUAL SERVICE COSTS
Extra As Needed Facility
Treatments
As Needed Termite Fumigation
Services
As Needed Bee and Wasp
Removal Service
Contract Section and Units
of Measure
Per Section IV, C 2
(Estimated at 20)*
Per Section V,
(Estimated at 144,000 Cu Ft)*
Per Section VI
(Estimated at 8)*
Quantity
20
144,000
8
Fee Per Unit
$32.00
$0.04225
$59.00
*TOTAL ESTIMATED ANNUAL SERVICE COSTS
ANNUAL FEE
(Ext. Amount)
$640.00
$6,084.00
$472.00
$22,220.72
City Attorney Approved Version #05.22..01
REQUEST FORM - AUTO LIABILITY
FACTORS IN SUPPORT OF REQUEST TO MODIFY AUTOMOBILE INSURANCE
REQUIREMENT(S)
Generally, a modification to the coverage requirement will be accepting a lower limit of coverage or waiving the
requirement(s) entirely.
Requested by: Heidi Versteeg - PW/GS - Facilities September 11. 2008
(Name and Department) (Date)
The proposed modification(s) to the insurance requirement for PWGS291 - Facilities Pest Control Services is:
(Name of contract)
I I Coverage in the amount of:
£3 Request to Waive Any Auto Requirement
FACTOR(S) IN SUPPORT OF MODIFICATION(S)
(check those that apply)
I | Category Assumption^) NA: Category assumptions are not applicable, [explain}*
I | No Auto Use Required: All work is done off-site and/or requires no use of an automobile.* [this is not
necessary if evident in scope of work]
IXI Amount of driving required: Occasional meetings with staff or one/few site visits for a service such as
maintenance.*
I | Significance of Contractor: Contractor has previous experience with the City that is important to the
efficiency of completing the scope of work and the quality of the work-product.*
[~~l Significance of Contractor: Contractor has unique skills and there are few if any alternatives, [explain:
include number of candidates RFP sent to and number responded if applicable]*
Contract Amount/Term of Contract: $50.000.00. Work will be completed over a period of 1 yr
[X] Other* :No vehicle use is required for the actual scope of work. The only driving necessary is to and
_ from the job-site and is not part of the actual work to be performed. _
""'Employment" below must be completed.
EX] Employment: There is a negligible chance that the City will be liable for damages related to a vehicle
accident because the risk of a finding that the Contractor is employed by the City is negligible, [explain]
Approved by City Attorney for this contract only:
(Signatu) (Date)
RATIFICATION OF AMENDMENT NO. 3 TO EXTEND AND AMEND AGREEMENT
FOR FACILITIES PEST CONTROL SERVICES
Habitat Protection dba Pestmaster Services
This Ratification of Amendment No. 3 is entered into as of the O^O ' day
of >Tj^WXj^_fyA>»V——- . 2008, but effective as of the
twentyWiinth dayof July,Qo07, extending and amending the agreement dated July 29, 2004 (the
"Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Habitat
Protection Inc dba Pestmaster Services, ("Contractor") (collectively, the "Parties").
RECITALS
A. On June 30; 2005, the Parties executed Amendment No. 1 to the Agreement to
extend and fund the agreement for a one-year period; and
B. On November 28, 2006, the Parties executed Ratification of Amendment No 2 to
extend and amend and fund the agreement for a one-year period; and
C. The Agreement, as amended from time to time expired on July 29, 2007, and
Contractor continued to work on the services specified therein without the benefit of an
agreement.
D. The Parties desire to extend the Agreement for a period of one year ending July
29, 2008.
E. The Parties have negotiated and agreed that all services and fees will remain
unchanged.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. The retroactive extension and amendment of the Agreement is ratified.
2. That the Agreement, as may have been amended from time to time, is hereby
extended for a period of one year ending on July 29, 2008 on a time and materials basis not-to-
exceed Twenty-Three Thousand Seven Hundred Twenty-Six dollars and Eighty-Four cents
($23,726.84) per Agreement year.
3. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
4. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
City Attorney Approved Version #05.22..01
EXHIBIT "A"
SCOPE OF SERVICES AND FEE
1. The Contractor shall incorporate and comply with all applicable Best Management
Practices (BMPs) during the completion of this agreement. All work must be in
compliance with the most current San Diego Regional Water Quality Control Board
(RWQCB) permit, Carlsbad Municipal code and the City of Carlsbad Jurisdictional
Urban Runoff Management Plan (JURMP) incorporated herein by reference.
2. The Contractor shall indicate in his proposal methods of compliance, equipment
utilized to insure compliance, training of staff and experience in compliance with
environmental regulations. If in the opinion of the project manager, the Contractor is
not in compliance with this provision City reserves the right to implement BMPs to
the maximum extent practical, and deduct payment due or back charge the
Contractor for implementation with a 15% markup for administration and overhead.
3. The Parties agree to extend the agreement with no other changes at this time.
City Attorney Approved Version #05.22..01
RATIFICATION OF AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT
FOR FACILITIES PEST CONTROL SERVICES
(Habitat Protection Inc. Dba Pestmaster Services)
This Ratification of Amendment No.2 is entered into as of the c*^J day
of M°y>^e rvwQ tts\ 2006, but effective as of the29th
day of July, 2006, extending the agreement between the Parties dated July 29, 2004 (the
"Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Habitat
Protection Inc. dba Pestmaster Services, ("Contractor") (collectively, the "Parties").for Structural
Pest Control.
RECITALS
A. On June 30, 2005, the Parties executed Amendment No. 1 to the Agreement to
extend and fund the agreement for a one-year period; and
B. The Agreement, as amended from time to time expired onJuly 29, 2006 and
Contractor continued to work on the services specified therein without the benefit of an
agreement.
C. The Parties desire to alter the scope of work of the Agreement to add monthly
pest control services at two building at Aviara Park and to add as-needed pest control services
at additional structures at Aviara Park and Hidden Canyon Park; and
D. The Parties desire to extend and fund the Agreement for a period of one year.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. The retroactive extension and amendment of the Agreement is ratified.
2. That the Agreement, as may have been amended from time to time, is hereby
extended for a period of one-year ending on July 29, 2007, on a time and materials basis not-to-
exceed Twenty-three Thousand Seven Hundred Twenty-six dollars and Eight-four cents
($23)726.84). With this ratification to extend and amend, the total annual Agreement amount
shall not exceed Twenty-three Thousand Seven Hundred Twenty-six dollars and Eighty-four
cents ($23,726.84
3. In Addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will provide those services described in Exhibit "A".
4. City will pay Contractor for all work associated with those services described in
Exhibit "A" on an agreed price and/or time and materials basis not-to-exceed One Thousand
Nine Hundred Twenty-two dollars and Twenty-four cents ($1,922.24) per agreement year. This
compensation is included in the Twenty-three Thousand Seven Hundred Twenty-six dollars and
Eighty-four cents ($23,726.84) authorized in Item No. 2.
5. Contractor will complete all work described in Exhibit "A" by July 29, 2007 and by
July 29 of any subsequent agreement years.
City Attorney Approved Version #05.22..011
6. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
7. All requisite insurance policies to be maintained by Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
City Attorney Approved Version #05.22..01
8. The individuals executing this Amendment 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 amendment
CONTRACTOR
*By:,
CITY OF CARLSBAD, a municipal
corporation of the State of California
(sign here)Cify Manager or Mayor
(print name/title)
tia/b'ffaT Prokchpn 1nc •
ATTEST:
(e-mail address)
"By:/? J/i/i^QMjhy^
(sign here)
J il• <^.
(print name/title)
(e-mail address)
Anrv
LORRAINE M. WOOD
City Clerk
iteitei
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.
Chairman,
President, or
Vice-President
sry,
Assistant Secretary,
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:
RONALD R. BALL, City Attorney
By:_c
Deputy City Attorney
City Attorney Approved Version #04.11.01
EXHIBIT "A"
AMENDMENT NO. 2
FACILITIES PEST CONTROL SERVICES
(Habitat Protection Inc. dba Pestmaster Services)
1. The Contractor will provide monthly pest control service for the Recreation Modular
Building located at the Aviara Park in accordance with the Agreement on an agreed
price basis of Twenty-nine dollars and Twenty-eight cents ($29.28) per month. Total
compensation for this service shall not exceed Three Hundred Fifty-one dollars and
Thirty-six cents ($351.36) per agreement year.
2. The Contractor will provide monthly pest control service for the Recreation Modular
Building located at the Aviara Park in accordance with the Agreement on an agreed
price basis of Forty-three dollars and Ninety-two cents ($43.92) per month. Total
compensation for this service shall not exceed Five Hundred Seventy-one dollars and
Four cents ($571.04) per agreement year.
3. The parties desire to increase funding by One Thousand dollars ($1,000.00) per
agreement for additional as-needed services in accordance with the original agreement
and to add the following additional locations to the as-needed facilities list for the agreed
prices listed.
• Aviara Park Restrooms (Both) Per Treatment $36.30
• Aviara Park Gazebos (Four) Per Treatment $29.28
• Hidden Canyon Park Restroom Per Treatment $36.30
4. The total annual compensation increase for this amendment shall not exceed One
Thousand Nine Hundred Twenty-two dollars and Twenty-four cents ($1,922.24). The
total annual compensation for all work including this amendment shall not exceed
Twenty-three Thousand Seven Hundred Twenty-six dollars and Eighty-four cents
($23,726.84).
City Attorney Approved Version #05.22..01
AMENDMENT NO.l TO EXTEND AND AMEND AGREEMENT FOR FACILITIES PEST
CONTROL SERVICES
(Habitat Protection Inc. dba Pestmaster Services)
This Amendment No.1 is entered into and effective as of the
3dVL
5* day of
, 2003, extending and amending the agreement dated
July 29, 2004 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation,
(“City”), and Habitat Protection Inc. dba Pestmaster Services, (“Contractor”) (collectively, the
“Parties”) for Structural Pest Control.
RECITALS
A. The Parties desire to alter the Agreement’s scope of work to extend and fund the
Agreement for a period of One Year.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. That the Agreement, as may have been amended from time to time, is hereby
extended for a period of One Year ending on July 29, 2006 on a time and materials basis not-to-
exceed Twenty-one Thousand Eight Hundred Four dollars and Forty-four cents ($21,804.44).
2. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
3. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
...
...
...
...
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City Attorney Approved Version #05.22.01
4. The individuals executing this Amendment 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 Amendment.
CONTRACTOR CITY OF CARLSBAD, a municipal
comoration of the State of California
(sign here) I
(print narneltitle)
lLC4U mbem IP vesicled
(e-mail address)
n
ATTEST:
City Clerk
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.
Chairman,
President, or
Vice-president
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer@) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By: A -
Deputy City Atbrney
2 City Attorney Approved Version #05.22.01
AGREEMENT FOR FACILITIES PEST CONTROL SERVICES
HABITAT PROTECTION, INC. DBA PESTMASTER SERVICES
IS AGREEMENT is made and entered into as of the 29 &. day of
, 20&, by and between the CITY OF CARLSBAD, a municipal +Pit- corpo ion, "City"), and HABITAT PROTECTION INC dba PESTMASTER SERVICES,
a Cor oration, ("Contractor").
RECITALS
A. City requires the professional services of a Pest Control Contractor that is
B. Contractor has the necessary experience in providing professional
C. Selection of Contractor is expected to achieve the desired results in an
D. Contractor has submitted a proposal to City and has affirmed its
experienced in Structural Pest Control.
services and advice related to Structural Pest Control.
expedited fashion.
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:
I. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this
reference in accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional
care and skill customarily exercised by reputable members of Contractor's profession
practicing in the Metropolitan Southern California Area, and will use reasonable
diligence and best judgment while exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of one year from the date first
above written. The City Manager may amend the Agreement to extend it for four
additional one-year periods or parts thereof in an amount not to exceed Twenty-one
Thousand Eight Hundred Four Dollars and Forb-four Cents ($21,804.44) per
Agreement year. Extensions will be based upon a satisfactory review of Contractor's
performance, City needs, and appropriation of funds by the City Council. The parties will
prepare a written amendment indicating the effective date and length of the extended
Ag reeme n t .
4.
Time is of the essence for each and every provision of this Agreement.
TIME IS OF THE ESSENCE
1
City Attorney Approved Version #04.01.02
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term
will be Twenty-one Thousand Eight Hundred Four Dollars and Forty-four Cents
($21,804.44). No other compensation for the Services will be allowed except for items
covered by subsequent amendments to this Agreement. The City reserves the right to
withhold a ten percent (10%) retention until City has accepted the work and/or Services
specified in Exhibit "A'.
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A'.
The Contractor will perform work in accordance with all applicable Carlsbad Municipal
Code sections, California building codes, California electrical codes and OSHA
standards.
The Contractor shall submit invoices to the Public Works Superintendent, Facilities, by
the 5th day of the month for work performed in the previous month under this contract.
The Contractor shall provide detailed records of all work performed and include all
required reports of facilities serviced. Failure to provide the required documents,
invoices, and reports will result in the City of Carlsbad withholding payment to the
Contractor until all the required documentation is provided to the City.
If an increase in compensation for service in succeeding option years is requested, the
Contractor must provide detailed supporting documentation to justify the requested rate
increase. The requested increase will be evaluated by the City, and the City reserves
the right to accept or reject the Contractor's requested compensation increase. This
Agreement's annual compensation terms may be adjusted by a mutually agreeable
amount based on and no greater than the San Diego Consumer Price Index changes
over the previous year. Requests for price changes must be made by the Contractor in
writing sixty (60) days before the end of the then-current agreement year and is subject
to negotiation or rejection by the City.
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent
contractor and in pursuit of Contractor's independent calling, and not as an employee of
City. Contractor will be under control of City only as to the result to be accomplished,
but will consult with City as necessary. The persons used by Contractor to provide
services under this Agreement will not be considered employees of City for any
purposes.
The payment made to Contractor pursuant to the Agreement will be the full and
complete compensation to which Contractor is entitled. City will not make any federal or
state tax withholdings on behalf of Contractor or its agents, employees or
subcontractors. City will not be required to pay any workers' compensation insurance or
unemployment contributions on behalf of Contractor or its employees or subcontractors.
Contractor agrees to indemnify City within thirty (30) days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers'
City Attorney Approved Version #04.01.02 2
compensation payment which City may be required to make on behalf of Contractor or
any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City’s election, City may deduct the indemnification amount from any
balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval
of City. If Contractor subcontracts any of the Services, Contractor will be fully
responsible to City for the acts and omissions of Contractor’s subcontractor and of the
persons either directly or indirectly employed by the subcontractor, as Contractor is for
the acts and omissions of persons directly employed by Contractor. Nothing contained
in this Agreement will create any contractual relationship between any subcontractor of
Contractor and City. Contractor will be responsible for payment of subcontractors.
Contractor will bind every subcontractor and every subcontractor of a subcontractor by
the terms of this Agreement applicable to Contractor’s work unless specifically noted to
the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. 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 in whole or in part 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.
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.
IO. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property
which may arise out of or in connection with performance of the services by Contractor
or Contractor’s agents, representatives, employees or subcontractors. The insurance
will be obtained from an insurance carrier admitted and authorized to do business in the
State of California. The insurance carrier is required to have a current Best‘s Key Rating
of not less than “A-:V”.
IO. 1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless City Attorney or City Manager approves a lower amount. These minimum
amounts of coverage will not constitute any limitations or cap on Contractor’s
City Attorney Approved Version #04.01.02
3
indemnification obligations under this Agreement. City, its officers, agents and
employees make no representation that the limits of the insurance specified to be
carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If
Contractor believes that any required insurance coverage is inadequate, Contractor will
obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
10.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits will apply
separately to the work under this Agreement or the general aggregate will be twice the
required per occurrence limit.
10.1.2 Automobile Liabilitv (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
10.1.3 Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the California Labor Code and Employer's Liability
limits of $1,000,000 per accident for bodily injury. Workers' Compensation and
Employer's Liability insurance will not be required if Contractor has no employees and
provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liabilitv. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must
be maintained for a period of five years following the date of completion of the work.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance
required under this Agreement contain, or are endorsed to contain, the following
provisions:
10.2.1 The City will be named as an additional insured on General
Liability .
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and
any extensions of it and will not be canceled without thirty (30) days prior written notice
to City sent by certified mail pursuant to the Notice provisions of this Agreement.
10.3
execution of this Agreement, Contractor will furnish certificates of insurance and
endorsements to City.
Providinn Certificates of Insurance and Endorsements. Prior to City's
4 City Attorney Approved Version #04.01.02
10.4 Failure to Maintain Coveraae. If Contractor fails to maintain any of these
insurance coverages, then City will have the option to declare Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order to maintain the required coverages. Contractor is responsible for any
payments made by City to obtain or maintain insurance and City may collect these
payments from Contractor or deduct the amount paid from any sums due Contractor
under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at anytime,
complete and certified copies of any or all required insurance policies and
endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of
the Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred
under this Agreement. All records will be clearly identifiable. Contractor will allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of records and any other documents created pursuant to this
Agreement. Contractor will allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors
pursuant to this Agreement is the property of City. In the event this Agreement is
terminated, all work product produced by Contractor or its agents, employees and
subcontractors pursuant to this Agreement will be delivered at once to City. Contractor
will have the right to make one (1) copy of the work product for Contractor’s records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City
and Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of City and on behalf of Contractor under this Agreement.
For Citv: For Contractor:
Name: Grecl Clavier
Title: Facilities Superintendent Department: P.W. General Services
Citv of Carlsbad
Address: 405 Oak Avenue _____~~ ~ Carlsbad. CA 92008 Phone No.: (760) 434-2991
Name
~
Address
Phone No.
City Attorney Approved Version #04.01.02 5
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.
16. CONFLICT OF INTEREST
City will evaluate Contractor’s duties pursuant to this Agreement to determine whether
disclosure under the Political Reform Act and City’s Conflict of Interest Code is required of
Contractor or any of Contractor’s employees, agents, or subcontractors. Should it be
determined that disclosure is required, Contractor or Contractor’s affected employees,
agents, or subcontractors will complete and file with the City Clerk those schedules
specified by City and contained in the Statement of Economic Interests Form 700.
Contractor, for Contractor and on behalf of Contractor’s agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor’s agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the City an affidavit disclosing this interest.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way
affect the performance of the Services by Contractor. Contractor will at all times observe
and comply with these laws, ordinances, and regulations and will be responsible for the
compliance of Contractor’s services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of
1986 and will comply with those requirements, including, but not limited to, verifying the
eligibility for employment of all agents, employees, subcontractors and consultants that
the services required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following
procedure will be used to resolve any questions of fact or interpretation not otherwise
settled by agreement between the parties. Representatives of Contractor or City will
reduce such questions, and their respective views, to writing. A copy of such documented
dispute will be forwarded to both parties involved along with recommended methods of
resolution, which would be of benefit to both parties. The representative receiving the
letter will reply to the letter along with a recommended method of resolution within ten
(1 0) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party,
a letter outlining the disputes will be forwarded to the City Manager. The City Manager will
consider the facts and solutions recommended by each party and may then opt to direct a
solution to the problem. In such cases, the action of the City Manager will be binding upon
City Attorney Approved Version #04.01.02
6
the parties involved, although nothing in this procedure will prohibit the parties from
seeking remedies available to them at law.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City
may terminate this Agreement for nonperformance by notifying Contractor by certified
mail of the termination. If City decides to abandon or indefinitely postpone the work or
services contemplated by this Agreement, City may terminate this Agreement upon
written notice to Contractor. Upon notification of termination, Contractor has five (5)
business days to deliver any documents owned by City and all work in progress to City
address contained in this Agreement. City will make a determination of fact based upon
the work product delivered to City and of the percentage of work that Contractor has
performed which is usable and of worth to City in having the Agreement completed.
Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may terminate
this Agreement. In this event and upon request of City, Contractor will assemble the work
product and put it in order for proper filing and closing and deliver it to City. Contractor will
be paid for work performed to the termination date; however, the total will not exceed the
lump sum fee payable under this Agreement. City will make the final determination as to
the portions of tasks completed and the compensation to be made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or
person, other than a bona fide employee working for Contractor, to solicit or secure this
Agreement, and that Contractor has not paid or agreed to pay any company or person,
other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or
any other consideration contingent upon, or resulting from, the award or making of this
Agreement. For breach or violation of this warranty, City will have the right to annul this
Agreement without liability, or, in its discretion, to deduct from the Agreement price or
consideration, or otherwise recover, the full amount of the fee, commission, percentage,
brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City
must be asserted as part of the Agreement process as set forth in this Agreement and not
in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if
a false claim is submitted to City, it may be considered fraud and Contractor may be
subject to criminal prosecution. Contractor acknowledges that California Government
Code sections 12650 et sea., the False Claims Act applies to this Agreement and,
provides for civil penalties where a person knowingly submits a false claim to a public
entity. These provisions include false claims made with deliberate ignorance of the false
information or in reckless disregard of the truth or falsity of information. If City seeks to
recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation
costs, including attorney's fees. Contractor acknowledges that the filing of a false claim
may subject Contractor to an administrative debarment proceeding as the result of which
Contractor may be prevented to act as a Contractor on any public work or improvement
City Attorney Approved Version #04.01.02 7
for a period of up to five (5) years. Contractor acknowledges debarment by another
jurisdiction is grounds for City to terminate this Agreement.
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing
a right or rights provided for by this Agreement will be tried in a court of competent
jurisdiction in the County of San Diego, State of California, and the parties waive all
provisions of law providing for a change of venue in these proceedings to any other
county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement or any part of it nor
any monies due or to become due under it may be assigned by Contractor without the
prior consent of City, which shall not be unreasonably withheld.
25. 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.
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26. 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.
CON TRACT0 R CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
' City Manager or Mayor
(print namehitle)
e-mail addre )
(sign here)
(print namehitle) City Clerk
Pi- SJS3 p 4-c . COIIZ (e-mail address)
ATTEST:
"By: 3.;2t.cn,
ZAm 'L$a Q;?a 5aTAOr A,rnE(3crmn;PAsL
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.
Chairman,
President, or
Vice-president
**Group B.
Secretary,
Assistant Secretary,
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:
RONALD R. BALL, City Attorney
By: v
"Deputy City Atto*y
City Attorney Approved Version #04.01.02
9
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
On July 12,2004 before me, the undersigned Notary Public, personally appeared
BARTH W. VANDIEPEN and LEA N. VANDIEPEN personally known to me (or
proved on the basis of satisfactory information) to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the same
in their authorized capacities, and that by their signatures on the instrument the persons,
or the entities upon behalf of which the persons acted, executed the instrument.
EXHIBIT “A”
CITY OF CARLSBAD FACILITIES PEST CONTROL SERVICES
SCOPE OF SERVICES
FACILITY LIST AND SERVICE FEE PROPOSAL
SCHEDULE “A”
SPECIFICATIONS FOR FACILITIES PEST CONTROL SERVICES
1. INTENT
A. To furnish all professional services, skilled labor, materials, equipment, tools,
insurance, permits and fees (if any) necessary to render the services according to the
specifications set forth in this outline. This contract is intended to provide all contractually
required pest control for the facilities listed in the “Monthly Service Fee” section of the
‘Vendor’s Proposed Cost of Services” chart and “As Needed” services will be paid on a
per incident basis as detailed in the “Vendor’s Proposed Cost of Services” chart.
B. To notify designated personnel when sanitation or other in-house factors become a
problem to the extent that a satisfactory level of pest control cannot be maintained within
the scope of services described herein. Such conditions or factors will be noted on the
Service and Inspection Report.
II. SCOPE OF SERVICES
A. Insect Control
1. Includes all types of roaches, ants and silverfish, termites and other insects.
2. Control Methods may include:
a) Application of liquid residual insecticides to cracks and crevices where pests breed and
harbor.
b) Application of liquid residual insecticides as a spot treatment where pests are found.
c) Application of insecticide dusts to voids or concealed areas.
d) Use of baits where necessary.
e) Application of liquid insecticides or repellents around trashcans, trash receptacles,
trash dumpsters and trash enclosures for flies or other nuisance insect infestations.
9 Submittal of Service and Inspection Reports and any recommendations for preventative
measures.
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City Attorney Approved Version #04.01.02
6. RodentlAvianlother Animal Control
1. Inspect facilities monthly for signs of rodent or other animal activity or infestation.
2. When rodent or other animal activity is found, control measures will be applied and
increased in the areas of activity.
3. When rodent or other animal activity is found or suspected, tracking powder may be
used in Tracking Powder Stations or concealed voids.
4. Snap traps (baited or with expanded trigger) will be used in areas where such traps
will not present a hazard to customers and/or employees.
5. Glue stations shall be used in areas that a hazard to customers or employees may
exist.
6. The Contractor shall check and maintain all traps and remove rodents from them on a
weekly basis until seven days pass without evidence of rodent infestation.
7. Bait stations may be used in unoccupied storage facilities but shall not be used in
occupied buildings.
8. The Contractor shall provide these traps and materials at no extra cost to the City and
shall maintain the increased activity until rodent activity is no longer evident in the area.
9. Bird removal may be required as a part of this agreement. The contractor shall note
any activity on the Service and Inspection Reports and shall take any and all necessary
steps to remove birds from the facilities as requested by the Public Works
Superintendent, Facilities.
IO. Submittal of Service and Inspection Reports and any recommendations for
preventative measures.
111. NATURE OF WORK AND MATERIALS USED
1. All work will be performed in a safe manner and in accordance with the most modern
and effective scientific pest control procedures.
2. Only those pesticides will be used which have been registered by the Environmental
Protections Agency and other governmental agencies having authority in this field. All
pesticides label requirements, laws and regulations will be strictly adhered to including
California Department of Pesticide Regulations Compliance for usage and reporting.
3. The Contractor shall furnish the Public Works Superintendent, Facilities, with Materials
Data Safety Sheets for all pesticides used in conjunction with it's pest control activities.
IV. SERVICE SPECIFICATIONS
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City Attorney Approved Version #04.01.02
A. Inspection
1. Contractor shall furnish Facilities manager with monthly schedule of services including
dates and times for inspection and treatment of all facilities.
2. Upon each service visit, the Service technician will make a thorough inspection of
each facility and shall make notations as described in this section.
3. Areas of active infestation will be noted on the service report.
4. Areas of potential infestation and problems will be noted.
5. Evidence of any termite activity will be reported to the Public Works Superintendent,
Facilities.
6. Treatment
1. Any and all needed action will be taken to render complete, preventative and corrective
insect, rodent or other animal abatement treatments, and bird removal.
2.
pesticide applications under this agreement.
Licensed applicators or persons under their direct supervision shall perform all
C. Frequency
1. Monthly service is required at each of the Facilities listed in the Facilities list.
2. Service at the following Facilities will be on an “as needed” basis and will be paid
pursuant to the bid item for “Extra As Needed Facilities Treatments”.
Bauer Lumber Facility
Calavera Park Restrooms
Calavera Treatment Plant
Community Development
Granary
Holiday Park Restrooms (2)
Housing & Redevelopment
La Costa Canyon Park Restroom
Laguna Rivera Park Restroom
Library Annex
Poinsettia Park Maintenance Buildings
Poinsettia Park Restrooms (2) & Snack Bar (1)
Village Grill
2787
2997
2400
2075
2659
3235
2965
State Street
Glasgow Drive
Tamarack Avenue
Las Palmas
Garfield
Eureka Place
Roosevelt
Pueblo St. and Rana Ct.
4900 Kelly Drive
1237 Carlsbad Village Dr
6200 Hidden Valley Road
6200 Hidden Valley Road
2833 State Street
3. Additional applications, trap installations or rodent removals, when necessary, will be
performed within 24-hours of a request from the Public Works Superintendent, Facilities.
There will be no charge for the additional service calls.
City Attorney Approved Version #04.01.02 12
V. TERMITE TENTING TREATMENTS
I. Tenting and fumigation of facilities are included in this Contract on an as needed
basis. The Contractor will provide tenting and fumigation of these facilities on an as
needed basis as directed by the Public Works Superintendent, Facilities.
2. Tenting and fumigation services are to be bid on a cubic foot of volume basis. The
estimated frequency of tenting and fumigation services is three fumigation treatments per
agreement year. Contractor is to provide all needed tenting, fumigation gas, plastic bags
for protection of perishable foods and medicines, all required warning signs and other
equipment or services required to provide complete fumigation of the facility for termites.
3. Each facility is assumed to be of two stories or less and should be assumed to have
one antenna structure that will need to be accommodated by the tenting process.
4. The Contractor shall be responsible for preserving the facility in it‘s pre-fumigation
state and shall repair all damage to the structure incurred by it’s fumigation operations
including the replacement of roofing materials or tiles, window glass or other structural or
non structural portions of the building.
VI. BEE AND WASP INFESTATION REMOVAL SERVICE
1. Removal of bee, wasp, hornet or other insects from facilities is included in this
Contract on an as needed basis. The Contractor will provide removal of infestations of
these facilities on an as needed basis as directed by the Public Works Superintendent,
Facilities.
2. Bee and wasp infestation removal services are to be bid on a per incident basis. The
estimated frequency of bee and wasp infestation removals is eight removal treatments
per agreement year. Contractor is to provide all needed personnel, all required warning
signs and other equipment, pesticides or services required to provide complete treatment
of the facility for bee and wasp infestations. The preferred method of removal for
beneficial insects is relocation when possible and practical.
VII. REPORT FORMS AND RECORD KEEPING
1. A detailed ‘Service and Inspection Report” will be prepared and furnished to the Public
Works Superintendent, Facilities, once per month. This report will reflect housekeeping
conditions, rodent activity, corrective and preventative treatments, pesticide use and
percentage and amount of pesticide used at each facility treated under this agreement. A
copy will be maintained in the pest control company’ s files.
2. In the event of extra service calls, either contractually required or “as needed” a
Supplemental detailed “Service and Inspection Report” will be prepared and furnished to
the Public Works Superintendent, Facilities by the pest control company. This report will
reflect housekeeping conditions, rodent activity, corrective and preventative treatments,
City Attorney Approved Version #04.01.02
13
pesticide use and percentage and amount of pesticide used at each facility treated under
this agreement. A copy will be maintained in the pest control company’ s files.
VIII. INSURANCE
1. The pest control company will have full insurance coverage as described in the
attached sample agreement and will furnish the Certificate(s) of Insurance upon request
for the duration of this agreement.
IX. QUALIFICATIONS OF CONTRACTOR
1. The Contractor shall possess and shall maintain a valid license from the State of
California Structural Pest Control Board for the duration of this agreement.
2. The Contractor shall provide a minimum of three references documenting contractual
work performed of a similar size and nature to this agreement. (Attach to Proposal)
3. The Contractor shall provide information regarding his equipment, personnel, project
manager and any other information that could inform the City of Carlsbad of it’s
qualifications to provide services required under this agreement. (Attach to Proposal)
4. The Contractor shall provide uniformed, properly trained and licensed personnel for all
work petformed under this agreement.
X. ENFORCEMENT AND DEDUCTIONS
1. If, in the judgment of the Public Works Superintendent, Facilities, the vendor is
deemed to be non-compliant with the terms and obligations of the agreement, the Public
Works Superintendent, Facilities, may, in addition to other remedies provided herein,
withhold or deduct the entire monthly payment, from the vendor’s invoice for work not
performed. Notification of the amount to be withheld or deducted from payments to the
vendor will be forwarded to the vendor by the Public Works Superintendent, Facilities, in a
written notice describing the reasons for said action. The written notice shall constitute
reason for any deductions so imposed.
VENDOR’S PROPOSED COST OF SERVICE*
The matrix below describes items upon which the City requests a proposal. Please note
that the numbers listed in the “Quantity and Units” category of the matrix below are
estimates only, and will not be used for any purpose other than to compare
proposals received in response to this Request for Proposal. The actual payments
made to the Vendor will be based on the Vendor’s actual work performed for the
City consistent with the terms and conditions of the contract documents.
The Contractor declares he/she has carefully examined the locations of the work, read
the Request for Proposal, examined all specifications, and hereby proposes to furnish all
labor, materials, equipment, transportation, and services required to do all the work in this
Electrical Maintenance Agreement in accordance with the specifications of the City of
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Carlsbad, and the General Provisions and that he/she will take in full payment therefore
the following unit prices for each item complete, to wit:
City Attorney Approved Version #04.01.02
15
Senior Center
Stagecoach Community
Center
Stay N Play Modular
Water District Facilities
Extra As Needed Facility
Treatments
As Needed Termite
Fumigation Services.
As Needed Bee and Wasp
Removal Service
*TOTAL ESTlMAT.ED
ANNUAL SERVICE
799 Pine Ave.
3420 Camino de 10s
Coches
3430 Harding Street
5950 El Camino Real
i=oniract: Seaon aii;f
Units of Measure . ..
Per Section IV, C 2
(Estimated at 20)*
Per Section V,
(Estimated at 144,000 Cu.
Ft.)*
Per Section VI
(Estimated at 8)*
$46.52 $558.24
$418.68 $34.89
$16.83 $201.96
12 I $46.52 I $558.24
20 I $32.00
$640.00
144,000 $0.04225
$6,084 .OO
$59.00
$21,804.44
COSTS
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