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HomeMy WebLinkAboutPestmaster Services / Habitat Protection Inc; 2009-10-20; PEM980AGREEMENT FOR FACILITIES PEST CONTROL SERVICES HABITAT PROTECTION, INC. DBA PESTMASTER SERVICES /,.,*•*-THIS AGREEMENT is made and entered into as of the <r° day of k<J~o(j£y 20pQ, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Habitat Protection, Inc. dba Pestmaster Services, a corporation, ("Contractor"). RECITALS A. City requires the professional services of a Pest Control Contractor that is experienced in Structural Pest Control. B. Contractor has the necessary experience in providing professional services and advice related to Structural Pest Control Services. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor 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 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 Thirty Thousand dollars ($30,000) 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 Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION City Attorney Approved Version #05.06.08 The total fee payable for the Services to be performed during the initial Agreement term will be, not to exceed, Thirty Thousand dollars ($30,000). 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' compensation payment which City may be required to make on behalf of Contractor or City Attorney Approved Version #05.06.08 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 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. 10. 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-: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". 10.1 Coverages and Limits. City Attorney Approved Version #05.06.08 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 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 Liability 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 Liability (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. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. 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 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. City Attorney Approved Version #05.06.08 10.4 Failure to Maintain Coverage. 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. City Attorney Approved Version #05.06.08 For City: For Contractor: Name: Dale A. Schuck Name_ Title: Public Works Superintendent Title \I\fi Vflfl. Department: Public Works/Gen. Serv. Address City of Carlsbad Address: 405 Oak Avenue, Carlsbad Phone Ca. 92008 Phone No.: 760-434-2949 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 City Attorney Approved Version #05.06.08 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 (10) 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 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 Ninety (90) 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 City Attorney Approved Version #05.06.08 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 seq.. 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 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. City Attorney Approved Version #05.06.08 8 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. CONTRACTOR *By: CITY OF CARLSBAD, a municipal corporation of the State of California Manager .or Moyop- (print name/title)ATTEST: (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 By: ^A Lf^X— ( -H Deputy City Attorney 9 City Attorney Approved Version #05.06.08 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 I. 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. City Attorney Approved Version #05.06.08 10 e) Application of liquid insecticides or repellents around trashcans, trash receptacles, trash dumpsters and trash enclosures for flies or other nuisance insect infestations. f) Submittal of Service and Inspection Reports and any recommendations for preventative measures. B. Rodent/Avian/other 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. 10. Submittal of Service and Inspection Reports and any recommendations for preventative measures. III. NATURE OF WORK AND MATERIALS USED City Attorney Approved Version #05.06.08 11 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 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. B. 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. Licensed applicators or persons under their direct supervision shall perform all pesticide applications under this agreement. C. Frequency 1. Monthly service is required at each of the Facilities listed in the Facilities list. City Attorney Approved Version #05.06.08 12 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 2787 State Street Calavera Treatment Plant 2400 Tamarack Avenue Community Development (Las Palmas) 2075 Las Palmas Granary 2659 Garfield Holiday Park Restrooms (2) 3235 Eureka Place Housing & Redevelopment 2965 Roosevelt La Costa Canyon Park Restroom Pueblo St. and Rana Ct. Laguna Rivera Park Restroom 4900 Kelly Drive Library Annex 1237 Carlsbad Village Dr Poinsettia Park Maintenance Buildings 6200 Hidden Valley Road Poinsettia Park Restrooms (2) & Snack Bar (1) 6200 Hidden Valley Road Village Grill 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. V. TERMITE TENTING TREATMENTS 1. 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. City Attorney Approved Version #05.06.08 13 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, 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. City Attorney Approved Version #05.06.08 14 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 performed 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. City Attorney Approved Version #05.06.08 15 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 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: FACILITY NAME ADDRESS ANNUAL SERVICE EVENTS FEE ANNUAL FEE (Ext. Amount) Parks Department Complex Calavera Hills Community Center Calavera Park Snack Bar / Restrooms Chase Field Snack Bar City Administration City Hall Complex and Council Chambers City Maintenance Yard Complex Community Swim Complex Elmwood House (Arts) Farmers Building Fire Station #1 Fire Station #2 Fire Station #3 Fire Station #4 Fire Station #5 11 66 Carlsbad Village Dr 2997 Glasgow Dr 2997 Glasgow Dr 3349 Harding St 1635 Faraday Ave 1200 Carlsbad Village Dr 405 Oak Ave 3401 Monroe St 2955 Elmwood St 5815 El Camino Real 1275 Carlsbad Village Dr 1 906 Arenal Rd. 3701 Catalina Dr 6885 Batiquitos Lane 2540 Orion Way 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 $ 34.89 $ 34.89 $ 34.89 $ 23.66 $ 34.89 $ 46.52 $ 34.89 $ 46.52 $ 34.89 $ 58.20 $ 46.52 $ 46.52 $ 46.52 $ 46.52 $ 46.52 $418.68 $418.68 r"' $418.68 $ 283.92 $418.68 $ 558.24 $418.68 $ 558.24 $418.68 $ 698.40 $ 558.24 $ 558.24 $ 558.24 $ 558.24 $ 558.24 16 City Attorney Approved Version #05.06.08 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 LEED Modular Water District Facilities 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 7201 Rancho Santa Fe Rd 3096 Harding St 2650 Garfield St 5958 El Camino Real 3235 Eureka Place 321 5 Eureka Place 6200 Flying LC Lane 1 775 Dove Lane 1 250 Carlsbad Village Dr 3368 Eureka PI 258 Beech Ave 400 Carlsbad Village Dr 2560 Orion Way 2480 Orion Way 3225 Eureka Place 799 Pine Ave. 3420 Camino de los Coches 3430 Harding Street 5950 El Camino Real 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 10)* 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 Quantity 20 144,000 8 $ 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 $ 23.66 $ 46.52 Fee Per Unit $ 36.80 $ 0.04858 $118.00 TOTAL ESTIMATED ANNUAL SERVICE COSTS $ 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 $ 283.92 $ 558.24 $ 736.00 $ 6,995.52 $ 944.00 $ 24,200.88 17 City Attorney Approved Version #05.06.08