HomeMy WebLinkAbout2011/09/13 Item 12[TY COU NCI L
STATEMENT
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CHULA VISTA
9/13/11, Item
ITEM TITLE:
SUBMITTED BY
REVIEWED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND GOLDEN BELL PRODUCTS, INC FOR
PROVIDING SEWER COLLECTION SYSTEMS VERMIN
ERADICATION SERVICES; AUTHORIZING THE TRANSFER OF
$50,000 FROM THE CAPITAL IMPROVEMENT PROJECT SW262
TO THE SEWER SERVICE OPERATING BUDGET; AND
AMENDING THE BUDGETS THEREF
DIRECTOR OF PUBLIC WORKS
ASSISTANT DIRECTO OF ENGIN E
CITY MANAGE i
ASSISTANT CITY ANAGER `'~~
4/STHS VOTE: YES ® NO ^
SUMMARY
Over the course of time, the City sewer manholes in certain areas of the City have been inhabited
with roaches. City staff would like to hire a contractor to apply insecticide to the City sewer
manholes to control the spread of roaches. The proposed action will allow the City to enter into
an agreement with Golden Bell Products, Inc. (Golden Bell} to provide vermin eradication
services and will authorize the expenditure of available funds for providing such services.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that the activity qualifies
for a Class 1 categorical exemption pursuant to Section 15301 [Existing Facilities] of the State
CEQA Guidelines because the activity consists of continuing maintenance operations involving
the application of insecticides to existing sewer facilities found within existing street right-of-
way. Thus, no further environmental review is necessary.
RECOMMENDATION
Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
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DISCUSSION
Over time, roaches multiply due to the moist environment in the sewer collection system.
Controlling the spread of roaches reduces the health threat to both city employees and customers.
City staff would like to hire a contractor to apply insecticide to the City sewer manholes to
control the spread of roaches.
On June 10, 2011, staff issued a Request for Proposals for Sewer Collection Systems Vermin
Eradication Services. Subsequently, on June 30, 2011, the Director of Public Works received
two (2) proposals for this project:
Contractor Name Total
Contract Traffic Control
Subconsultant Cost for Treating
Each Manhole
Golden Bell Products, Inc $50,000 At Cost $19.50
Terminix Commercial $50,000 At Cost $50.00
Terminix Commercial requested more than two and a half times the cost of Golden Bell. By
selecting Golden Bell, the City will be able to treat more than double the number of manholes.
The contracted amount for this project is $50,000 for Fiscal Year 2012. The City may extend this
contract for an additional four years. Council's approval will allow the City Engineer to enter
into an agreement with Golden Bell for vermin eradication services for an amount of $50,000 for
Fiscal Year 2012, and will also authorize the City Engineer to add four one-yearextensions to be
funded from the sewer operating budget. The maximum contracted amount of each proceeding
fiscal year extension is limited to $50,000 per year with an allowable increase of 2% per year in
the unit cost as described in the following table:
Fiscal Year Cost per Manhole
for Treating more
than 1000 Manholes Cost per Manhole
for Treating less
than 1000 Manholes
2012 $19.50 $21.00
2013 $19.89 $21.42
2014 $20.29 $21.85
2015 $20.69 $22.28
2016 $21.10 $22.73
The number of manholes to be treated shall be based on the unit price submitted by the contactor
and the cost of other needed services. The City has the right to terminate this contract at any
time without any obligations. Both parties shall mutually agree on the extension of this contact.
Consultant Selection Process
On June 8, 2011, the City Manager approved the formation of the Selection Committee for this
project in accordance with Section 2.57 of the Chula Vista Municipal Code. Consequently, the
Selection Committee for this project was formed with the following City staff:
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9/13/11, Item ~ ~-
Page 3 of 4
Dave McRoberts, Wastewater Collection Manager
Jamal Naji, Associate Civil Engineer
Luis Pelayo, Associate Civil Engineer
Josef Burgos, Public Works Supervisor
Upon reviewing the written proposals, City staff invited both contractors for an interview to
compete in the selection process. Both contractors included two (2) frill years guarantee for the
application as requested in the Request for Proposals. Three days before the interview date,
Terminix Commercial withdrew their bid and decided not to compete in the selection process.
After calling all references provided by the two consultants, and interviewing Golden Bell on
June 18, 2011, staff determined that Golden Bell met the gLtalifications required to provide
eradication services based on the following criteria:
1. Company references;
2. Company staff experience;
3. Capacity to perform work;
4. Responsiveness to scope of work.
Golden Bell proposes to use Insecta which is an innovative product to control roaches. Insecta is
a developed patented method of locking chemical into anon-evaporating latex coating that
would last several times longer than conventional spray applications giving the product the
unique ability to kill roaches for two years.
Golden Bell Products, Inc. has proven its expertise in applying Insecta 45600-1, and warrants
that it is experienced and staffed in a manner such that it can deliver the required services
required in accordance with the timeframes and the terms and conditions of this Agreement.
DECISION MAKER CONFLICT
Pursuant to California Code of Regulations Section 18704.2 (b) (2), there is no material effect on
any economic interests in real property as the "decision solely concerns repairs, replacement, or
maintenance of existing streets, water, sewer, storm drainage or similar facilities."
CURRENT YEAR FISCAL IMPACT
Sufficient fiords in the amount of $50,000 were budgeted in the FY 2011-12 Capital
Improvement Budget - SW 262 for sewer vermin eradication. For accounting purposes, sewer
vermin eradication is considered a major maintenance expense and therefore classified as a
operating expenditure rather than a capital improvement expenditure. As such staff is
recommending the capital project SW 262 be closed and the sewer funds be transferred from the
adopted FY 2011-2012 Capital Improvement Budget to the sewer service professional services
account in the sewer operating budget.
ONGOING FISCAL IMPACT
The cost for the optional extension not to exceed $50,000 annually for the proceeding four years
is anticipated to be budgeted for subsequent years in the sewer operating budget.
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ATTACHMENTS
A. Agreement between the City of Chula Vista and Golden Bell Products, Inc, to provide
Sewer Collection Systems Vermin Eradication Services
Prepared by: Jamal Naji, P.E., Associate Civil Engineer, Public Works Department
J.IEngineerWGENDAICAS2011109-13-IIlYermin eradication Contract Award.doc
12-4
RESOLUTION NO. 2011-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND GOLDEN BELL
PRODUCTS, INC FOR PROVIDING SEWER COLLECTION
SYSTEMS VERMIN ERADICATION SERVICES;
AUTHORIZING THE TRANSFER OF $50,000 FROM THE
CAPITAL IMPROVEMENT PROJECT SW262 TO THE
SEWER SERVICE OPERATING BUDGET; AND
AMENDING THE BUDGETS THEREFOR
WHEREAS, over the course of time, the City sewer manholes in certain areas of the City
have been inhabited with roaches; and
WHEREAS, controlling the spread of roaches will reduce the health threat to both city
employees and customers; and
WHEREAS, on June 10, 2011, staff issued a Request for Proposals for Sewer Collection
Systems Vermin Eradication Services. Subsequently, on June 30, 2011, the Director of Public
Works received two (2) proposals for this project:
Contractor Name Total
Contract Traffic Control
Subconsultant Cost for Treating
Each Manhole
Golden Bell Products, Inc $50,000 At Cost $19.50
Terminix Commercial $50,000 At Cost $50.00
WHEREAS, Golden Bell Products, Inc. has proven its expertise in applying Insecta
45600-1, and warrants that it is experienced and staffed in a manner such that it can deliver the
services required of Contractor in accordance with the time frames and the terms and conditions
of this Agreement; and
WHEREAS, the City shall pay Golden Bell a fixed fee of $19.50 for treating each
manhole.
WHEREAS, the contract also grants the City Engineer 4 one-year options to extend,
whereby he may extend the contract for vermin eradication services up to a maximum of 4 years
at the same contract maximum of $50,000 per year for the subsequent Fiscal Years 2013 through
2016; and
WHEREAS, the contract allows for an increase of 2% per year in the unit cost as follows:
Fiscal Year Cost per Manhole for
Treating more than
1000 Manholes Cost per Manhole for
Treating less than
1000 Manholes
2012 $19.50 $21.00
2013 $19.89 $21.42
2014 $20.29 $21.85
2015 $20.69 $22.28
12-5
Resolution No.
Page 2
2016 $21.10 $2.73
WHEREAS, the Capital Improvement Budget is a multi-year budget for long-lived
capital improvement projects and assets; and
WHEREAS, examples of capital assets include: land, improvements to land, easements,
buildings, building improvements, infrastructure, equipment, vehicles and machinery; and
WHEREAS, capital improvements projects include: construction or rehabilitation of
roads, bridges, drainage systems, water and sewer systems, dams, lighting and traffic systems;
and
WHEREAS, sewer vermin eradication is a major maintenance expenditure and not
classified as a capital improvement project and/or asset; and
WHEREAS, it is necessary to move the expenditure from the Capital Improvement
Budget SW262 to the Sewer Service operating budget and amend the budgets accordingly.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does approve an Agreement between the City of Chula Vista and Golden Bell Products, Inc
for Providing Sewer Collection Systems Vermin Eradication Services; authorize the transfer of
$50,000 from the Capital Improvement Project SW262 to the Sewer Service Operating Budget;
and amend the budgets therefor.
Presented by
Richard A. Hopkins
Director of Public Works
12-6
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPR AL BY
TH>~, CITY ~UNCIL /~~---
Glen R. Googins
City Attorney
Dated:
AGREEMENT
BETWEEN
THE CITY OF CHULA VISTA, AND
GOLDEN BELL PRODUCTS, INC.
TO PROVIDE SEWER COLLECTION SYSTEMS
VERMIN ERADICATION SERVICES
12-7
Agreement between
City of Chula Vista
and
Golden Bell Products, Inc.
To provide Sewer Collection Systems Vermin Eradication Services
This agreement ("Agreement"), dated for the purposes of reference
only, and effective as of the date last executed unless another date is otherwise specified in
Exhibit A to this Agreement ("Exhibit A"), Paragraph 1, is between the City-related entity whose
name and business form is indicated on Exhibit A, Paragraph 2, ("City"), and the entity whose
name, business form, place of business and telephone numbers are indicated on Exhibit A,
Paragraphs 4 through 6, ("Contractor"), and is made with reference to the following facts:
Recitals
WHEREAS, over the course of time, The City sewer manholes in certain areas of the
City have been infested with roaches. Overtime, roaches have been multiplying due to the moist
environment in the sewer, collection system.
WHEREAS, Insecta is an innovative method to control roaches. Insecta is a developed
patented method of locking chemical into anon-evaporating latex coating that would last several
times longer than conventional spray applications giving the product the unique ability to kill
roaches for two years; and,
WHEREAS, controlling the spread of roaches will reduce the health threat to_ both city
employees and customers and it is a safe and efficient way to save money, time and manpower
keeping sewer manholes free of roaches; and,
WHEREAS, Golden Bell Products, Inc. has proven its expertise in applying Insecta
45600-1, and warrants that it is experienced and staffed in a manner such that it can deliver the
services required of Contractor in accordance with the time frames and the terms and conditions
of this Agreement
[End of Recitals. Next Page Starts Obligatory Provisions.]
Page 1
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OBLIGATORY PROVISIONS PAGES
NOW, THEREFORE, BE IT RESOLVED that the City and Golden Bell Products, Inc. do
hereby mutually agree as follows:
All of the Recitals above are incorporated into this Agreement by this reference.
A. General
ARTICLE I. CONTRACTOR'S OBLIGATIONS
1. General Duties. Contractor shall perform aIT of the services described on Exhibit A,
Paragraph 7 ("General Duties").
2. Scope of Work and Schedule. In performing and delivering the General Duties,
Contractor shall also perform the services, and deliver to City the "Deliverables"
described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule;" according
to, and within the time frames set forth in Exhibit A, Paragraph 8, time being of the
essence of this agreement. The General Duties and the work and Deliverables required in
the Scope of Work and Schedule shall be referred to as the "Defined Services." Failure to
complete the Defined Services by the times indicated does not, except at the option of the
City, terminate this Agreement.
a. Reductions in Scope- of Work. City may independently, or upon request from
Contractor, from time to time, reduce the Defined Services to be performed by the
Contractor under this Agreement. Upon doing so, City and Contractor agree to meet
in good faith and confer for the purpose of negotiating a corresponding reduction in
the compensation .associated with the reduction.
b. Additional Services. In addition to performing the Defined Services, City may
require Contractor to perform additional consulting services related to the Defined
Services ("Additional Services"), and upon doing so in writing, if they are within the
scope of services offered by Contractor, Contractor shall perform same on a time and
materials basis at the rates set forth in the "Rate Schedule" in Exhibit A,
Paragraph 10(C), unless a separate fixed fee is otherwise agreed upon. All
compensation for Additional. Services shall be paid monthly as billed.
3. Standard of Care. The Contractor expressly warrants that the work to be performed
pursuant to this Agreement, whether Defined Services or Additional Services, shall be
performed in accordance with the standard of care ordinarily exercised by members of
the profession currently practicing under similar conditions and in similar locations.
a. No Waiver of Standard of Care. Where approval by City is required, it is understood
to be conceptual approval only and does not relieve the Contractor of responsibility
for complying with all laws, codes, industry standards, and liability for damages
caused by negligent acts, errors, omissions, noncompliance with industry standards,
or the willful misconduct of the Contractor or its subcontractors.
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B. Application of Laws. Should a federal or state law pre-empt a local law, or regulation, the
Contractor must comply with the federal or state law and implementing regulations. No
provision of this Agreement requires the Contractor to observe or enforce compliance with
any provision, perform any other act, or do any other thing in contravention of federal, state,
territorial, or local law, regulation, or ordinance. If compliance with any provision of this
Agreement violates or would require the Contractor to violate any law, the Contractor agrees
to notify City immediately in writing. Should this occur, the City and the Contractor agree
that they will make appropriate arrangements to proceed with or, if necessary, amend or
terminate this Agreement, or portions of it, expeditiously.
1. Subcontractors. Contractor agrees to take appropriate measures necessary to ensure that
all participants utilized by the Contractor to complete its obligations under this
Agreement, such as subcontractors, comply with all applicable laws, regulations,
ordinances, and policies, whether federal, state, or local, affecting Project
implementation. In addition, if a subcontractor is expected to fulfill any responsibilities of
the Contractor under this Agreement, the Contractor shall ensure that the subcontractor
carries out the Contractor's responsibilities as set forth in this Agreement.
C. Insurance
General. Contractor must procure and maintain, during the period of performance of this
Agreement, and for twelve months after completion, policies of insurance from insurance
companies to protect against claims for injuries to persons or damages to property that
may arise from or in connection with the performance of the work under this Agreement
and the results of that work by the Contractor, his agents, representatives, employees or
subcontractors, and provide documentation of same prior to commencement of work.
2. Minimum Scope of Insurance. Coverage must be at least as broad as:
a. CGL. Insurance Services Office Commercial General Liability coverage (occurrence
Form CG0001).
b. Auto. Insurance Services Office Form Number CA 0001 covering Automobile
Liability, Code 1 (any auto).
c. WC. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
d. Pollution Liability Insurance.
3. Minimum Limits of Insurance. Contractor must maintain limits no less than those
included in the table below:
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i. General Liability: $1,000,000 per occurrence for bodily injury, personal injury,
(Including (including death), and property damage. If Commercial General
operations, Liability insurance with a general aggregate limit is used, either
products and the general aggregate limit must apply separately to this
completed Project/location or the general aggregate limit must be twice the
operations, as required occurrence limit.
a licable
ii. Automobile $1,000,000 per accident for bodily injury, including death, and
Liability: property damage.
iii. Workers' Statutory
Compensation $1,000,000 each accident
Employer's $1,000,000 disease-policy limit
Liabili $1,000,000 disease-each em to ee
iv. Pollution $1,000,000 each occurrence
Liability
Insurance:
4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must
be declared to and approved by the City. At the option of the City, either the insurer will
reduce or eliminate such deductibles or self-insured retentions as they pertain to the City,
its officers, officials, employees and volunteers; or the Contractor will provide a financial
guarantee satisfactory to the City guaranteeing payment of losses and related
investigations, claim administration, and defense expenses.
5. Other Insurance Provisions. The general Liability, automobile liability, and where
appropriate, the worker's compensation policies are to contain, or be endorsed to contain,
the following provisions:
a. 14dditional Insureds. City of Chula Vista, its officers, officials, employees, agents,
and volunteers are to be named as additional insureds with respect to all policies of
insurance, including those with respect to liability arising out of automobiles owned,
leased, hired or borrowed by or on behalf of the Contractor, where applicable, and,
with respect to liability arising out of work or operations performed by or on behalf of
the Contractor, including providing materials, parts or equipment furnished in
connection with such. work or operations. The general liability additional insured
coverage must be provided in the form of an endorsement to the Contractor's
insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement
must not exclude Products/Completed Operations coverage.
b. Primary Insurance. The Contractor's General Liability insurance coverage must be
primary insurance as it pertains to the City, its officers, officials, employees, agents,
and volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, or volunteers is wholly separate from the insurance of the
Contractor and in no way relieves the Contractor from its responsibility to provide
insurance.
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12-11
c. Cancellation. The insurance policies required by this. Agreement shall not be canceled
by either party, except after thirty days' prior written notice to the City by certified
mail, return receipt requested. The words "will endeavor" and "but failure to mail
such notice shall impose no obligation or liability of any kind upon the company, its
agents, or representatives" shall be deleted from all certificates.
d. Active Negligence. Coverage shall not extend to any indemnity coverage for the
active negligence of the additional insureds in any case where an agreement to
indemnify the additional insured would be invalid under Subdivision (b) of Section
2782 of the Civil Code.
e. Waiver of Subrogation. Contractor's insurer will provide a Waiver of Subrogation in
favor of the City for each required policy providing coverage for the term required by
this Agreement.
6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or
Errors & Omissions coverage are written on a claims-made form:
a. Retro Date. The "Retro Date" must be shown, and must be before the date of the
Agreement or the beginning of the work required by the Agreement.
b. llfaintenance and Evtclence. Insurance must be maintained and evidence of insurance
must be provided for at least five. years after completion of the work required by the
Agreement.
Cancellation. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a "Retro Date" prior to the effective date of the
Agreement, the Contractor must purchase "extended reporting" coverage for a
minimum of five years after completion of the work required. by the Agreement.
d. Copies. A copy of the claims reporting requirements must be submitted to the City
for review.
7. Acceptability of Insurers. Insurance is to be placed with licensed insurers admitted to
transact business in the State of California with a current A.M. Best's rating of no less
than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the
State of California List of Eligible Surplus Lines Insurers ("LESLI") with a current A.M.
Best's rating of no less than A X. Exception may be made for the State Compensation
Fund when not specifically rated.
8. Verification of Coverage. Contractor shall famish the City with original certif Cates and
amendatory endorsements effecting coverage required by Section I.C. of this Agreement.
The endorsements should be on insurance industry forms, provided those endorsements
or policies conform to the requirements of this Agreement. All certificates and
endorsements are to be received and approved by the City before work commences. The
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City reserves the right to require, at any time, complete, certified copies of all required
insurance policies, including endorsements evidencing the coverage required by these
specifications.
9. Subcontractors. Contractor must include all subcontractors as insureds under its policies
or furnish separate certificates and endorsements for each subcontractor. All coverage for
subcontractors is subject to all of the requirements included in these specifications.
10. Not a Limitation of Other Obli ations. Insurance provisions under this Article shall not
be construed to limit the Contractor's obligations under this Agreement, including
Indemnity.
D. Security for Performance
Performance Bond. In the event that Exhibit A, at Paragraph 18, indicates the need for
Contractor to provide a Performance Bond (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Performance
Bond"j, then Contractor shall provide to the City a performance bond, in the amount
indicated at Exhibit A, Paragraph 18, in the form prescribed by the City and by such
sureties which are authorized to transact such business in the State of California, listed as
approved by the United States Department of Treasury Circular 570,
http://www.fms.treas.~ov/c570, and whose underwriting limitation is sufficient to issue
bonds in the amount required by the Agreement, and which also satisfy the requirements
stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise
by laws or regulations.. All bonds. signed by an agent must be accompanied by a certified
copy of such agent's authority to act_ Surety companies must be duly licensed or
authorized in the jurisdiction in which the Project is located to issue bonds for the limits
so required. Form must be satisfactory to the Risk Manager or City.
2. Letter of Credit. In the event that Exhibit A, at Paragraph 18, indicates the need for
Contractor to provide a Letter of Credit (indicated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled "Letter of Credit"), then
Contractor shall provide to the City an irrevocable letter of credit callable by the City at
its unfettered discretion by submitting to the bank a letter, signed by the City Manager,
stating that the Contractor is in breach of the terms of this Agreement. The letter of credit
shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager
or City Attorney which amount is indicated in the space adjacent to the term, "Letter of
Credit," in Exhibit A, Paragraph 18.
3. Other Security. In the event that Exhibit A, at Paragraph 18, indicates the need for
Contractor to provide security other than a Performance Bond or a Letter of Credit
(indicated by a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Other Security"}, then Contractor shall provide to the City such
other security therein listed in a form and amount satisfactory to the Risk Manager or
City Attorney.
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E. Business License. Contractor agrees to obtain a business license from the.-City and to
otherwise comply with Title 5 of the Chula Vista Municipal Code.
ARTICLE IL CITY QBLIGATIQNS
A. Consultation and Cooperation. City shall regularly consult the Contractor for the purpose
of reviewing the progress of the Defined Services and Schedule, and to provide direction and
guidance to achieve the objectives of this Agreement. The City shall allow Contractor access
to its office facilities, files and records, as deemed necessary and appropriate by the City,
throughout the term of this Agreement. In addition, City agrees to provide the materials
identified at Exhibit A, Paragraph 9, with the understanding that delay in the provision of
those materials beyond thirty days after authorization to proceed, shall constitute a basis for
the justifiable delay in the Contractor's performance.
B. Compensation.
1. Following Receipt of Billing. Upon receipt of a properly prepared bill from Contractor,
submitted to the City as indicated in Exhibit A, Paragraph 17, but in no event more
frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 17,
City shall compensate Contractor for all services rendered by Contractor according to the
terms and conditions set forth in Exhibit A, Paragraph 10, adjacent to the governing
compensation relationship indicated by a "checkmark" next to the appropriate
arrangement, subject to the requirements for retention set forth in Paragraph 18 of
Exhibit A, and shall compensate Contractor for out of pocket expenses as provided in
Exhibit A, Paragraph 11.
2. Supporting Information. Any billing submitted by Contractor shall contain sufficient
information as to the propriety of the billing, including properly executed payrolls, time
records, invoices, contracts, or vouchers describing in detail the nature of the charges to
the Project in order to permit the City to evaluate that the amount due. and payable is
proper, and such billing shall specifically contain the City's account number indicated on
Exhibit A, Paragraph 17(C) to be charged upon making such payment.
3. Exclusions. In determining the amount of the compensation City will exclude any cost:
1) incurred prior to the effective date of this Agreement; or 2) arising out of or related to
the errors, omissions, negligence or acts of willful misconduct of the Contractor, its
agents, employees, or subcontractors..
a. Errors and Omissions. In the event that the City Administrator determines that
the Contractor's negligence, errors, or omissions in the performance of work
under this Agreement has resulted in expense to City greater than would have
resulted if there were no such negligence, errors, omissions, Contractor shall
reimburse City for any additional expenses incurred by the- City. Nothing in this
paragraph is intended to limit City's rights under other provisions of this
Agreement.
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4. Payment Not Final Approval. The Contractor understands and agrees that payment to the
Contractor for any Project cost does not constitute a City final decision about whether
that cost is allowable and eligible for payment under the Project and does not constitute a
waiver of any violation of Contractor of the terms of the Agreement. The Contractor
acknowledges #hat City will not make a final determination about the eligibility of any
cost until the final payment has been made on the Project or the results of an audit of the
Project requested by the City has been completed, whichever occurs latest. If City
determines that the Contractor is not entitled to receive any portion of the compensation
due or paid, City will notify the Contractor in writing, stating its reasons. The Contractor
agrees that Project closeout will not alter the Contractor's responsibility to return any
funds due City as a result of later refunds, corrections, or other similar transactions; nor
will Project closeout alter the right of City to disallow costs and recover funds provided
for the Project on the basis of a later audit or other review.
a. Contractor's Obligation to Pay. Upon notification to the Contractor that specific
amounts are owed to City,. whether for excess payments or disallowed costs,- the
Contractor agrees to remit to City promptly the amounts owed, including applicable
interest.
ARTICLE III. ETHICS
A. Financial Interests of Contractor
1. Contractor is Designated as an FPPC Filer. If Contractor is designated on Exhibit A,
Paragraph 14, as an "FPPC filer," Contractor is deemed to be a "Contractor" for the
purposes of the Political Reform Act conflict of interest and disclosure provisions, and
shall report economic interests to the City Clerk on the required Statement of Economic
Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if
none are specified, then as determined by the City Attorney.
2. No Farticipation in Decision. Regardless of whether Contractor is designated as an FPPC
Filer, Contractor shall not make, or participate in making or in any way attempt to use
Contractor's position to influence a governmental decision in which Contractor knows or
has reason to know Contractor has a financial interest other than the compensation
promised by this Agreement.
Search to Determine Economic Interests. Regardless of whether Contractor is designated
as an FPPC Filer, Contractor warrants and represents that Contractor has diligently
conducted a search and inventory of Contractor's economic interests, as the term is used
in the regulations promulgated by the Fair Political Practices Commission, and has
determined that Contractor does not, to the best of Contractor's knowledge, have an
economic interest which would conflict with Contractor's duties under this Agreement.
4. Promise Not to Acquire Conflicting Interests. Regardless of whether Contractor is
designated as an FPPC Filer, Contractor further warrants and represents that Contractor
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will not acquire, obtain, or assume an economic interest during ~ the term. of this
Agreement which would constitute a conflict of interest as prohibited by the Fair Political
Practices Act.
5. Duty to Advise of Conflicting Interests. Regardless. of whether Contractor is designated
as an FPPC Filer, Contractor further warrants and represents that Contractor will
immediately advise the City Attorney if Contractor learns of an economic interest of
Contractor's that may result in a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
6. Specific Warranties Against Economic Interests. Contractor warrants, represents and
agrees that:
a. Neither Contractor, nor Contractor's immediate family members, nor Contractor's
employees or agents ("Contractor Associates") presently have any interest, directly or
indirectly, whatsoever in any property which maybe the subject matter of the Defined
Services, or in any property within 2 radial miles from the exterior boundaries of any
property which may be the subject matter of .the Defined Services, ("Prohibited
Interest"), other than as listed in Exhibit A, Paragraph 14.
b. No promise of future employment, remuneration, consideration, gratuity or other
reward or gain has been made to Contractor or Contractor Associates in connection
with Contractor's performance of this Agreement. Contractor promises to advise City
of any such promise that may be made during the Term of this Agreement, or for
twelve months thereafter.
c. Contractor Associates shall not acquire any such Prohibited Interest within the Term
of this Agreement, or for twelve months after the expiration of this Agreement,
except with the written permission of City.
d. Contractor may not conduct or solicit any business for any party to this. Agreement, or
for any third party that may be in conflict with Contractor's responsibilities under this
Agreement, except with the written permission of City.
IV. LIQUIDATED DAMAGES
A. Application of Section. The provisions of this section apply if a Liquidated Damages Rate
is provided in Exhibit A, Paragraph 13.
1. Estimating Damages. It is acknowledged by both parties that time is of the essence in the
completion of this Agreement. It is difficult to estimate the amount of damages resulting
from delay in performance. The parties have used their judgment to arrive at a reasonable
amount to compensate for delay.
2. Amount of Penalty. Failure to complete the Defined Services within the allotted time
period specified in this Agreement shall result in the following penalty: For each
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consecutive calendar day in excess of the time specified for the completion of the
respective work assignment or Deliverable,. the Contractor shall pay to the City, or have
withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A,
Paragraph 13 ("Liquidated Damages Rate").
3. Request for Extension of Time. If the performance of any act required of Contractor is
directly prevented or delayed by reason of strikes, lockouts, labor disputes, unusual
governmental delays, acts of God, fire, floods, epidemics, freight embargoes, or other
causes beyond the reasonable control of the Contractor, as determined by the City,
Contractor shall be excused from performing that act for the period o€ time equal to the
period of time of the prevention or delay. In the event Contractor claims the existence of
such a delay, the Contractor shall notify the City's Contract Administrator, or designee, in
writing of that fact within ten calendar days after the beginning of any such claimed
delay. Extensions of time will not be granted for delays to minor portions of work unless
it can be shown that such delays did or will delay the progress of the work.
ARTICLE V_ INDEMNIFICATIQN
A. Defense, Indemnity, and Hold Harmless.
General Requirement. Except for liability for Design Professional Services covered
under Article V., Section A.2., Contractor shall defend, indemnify, protect and hold
harmless the City, its elected and appointed officers, agents and employees, from and
against any and all claims, demands, causes. of action, costs, expenses, liability, loss,
damage or injury, in law or equity, to property or persons, including wrongful death, in
any manner arising out of or incident to any alleged acts, omissions, negligence, or
willful misconduct of Contractor, its officials, officers, employees, agents, and
contractors, arising out of or in connection with the performance of the Defined Services
or this Agreement. This indemnity provision does not include any claims, damages,
liability, costs and expenses (including without limitations, attorneys fees} arising from
the sole negligence, active negligence or willful misconduct of the City, its officers,
employees. Also covered is liability arising from, connected with, caused by or claimed
to be caused by the active or passive negligent acts or omissions of the City, its agents,
officers, or employees which may be in combination with the active or passive negligent
acts or omissions of the Contractor, its employees, agents or officers, or any third parry.
2. Design Professional Services. If Contractor provides design professional services, as
defined by California Civil Code section 2782.5, as may be amended from time to time,
Contractor shall defend, indemnify and hold the City, its officials, officers, employees,
volunteers, and agents free and harmless from any and all claims, demands, causes of
action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or
persons, including wrongful death, in any manner arising out of, pertaining to, or relating
to the negligence, recklessness, or willful misconduct of Contractor, its officials, officers,
employees, agents, Contractors, and contractors arising out of or in connection with the
performance of Contractor's services. Contractor's duty to defend, indemnify, and hold
harmless shall not include any claims or liabilities arising from the sole negligence, active
Page 1Q
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negligence or willful misconduct of the City, its agents, officers or employees. This
section in no way alters, affects or modifies the Contractor's obligations and duties under
this Agreement.
3. Costs of Defense and Award. Included in the obligations in Sections A.1 and A.2, above,
is the Contractor's obligation to defend, at Contractor's own cost, expense and risk, any
and all suits, actions or other legal proceedings, that may be brought or instituted against
the City, its directors, officials, officers, employees, agents and/or volunteers, subject to
the limitations in Sections A.1. and A.2. Contractor shall pay and satisfy .any judgment,
award or decree that may be rendered against City or its directors, officials, officers,
employees, agents andfor volunteers, for any and all related legal. expenses and costs
incurred by each of them, subject to the limitations in Sections A.1. and A.2.
4. Insurance Proceeds. Contractor's obligation to indemnify shall not be restricted to
insurance proceeds, if -any, received by the City, its directors, officials, officers,
employees, agents, and/or volunteers.
5. Declarations. Contractor's obligations under Article V shall not be limited by any prior
or subsequent declaration by the Contractor.
b. Enforcement Costs. Contractor .agrees to pay any and all costs City incurs enforcing the
indemnity and defense provisions set forth in Article V.
7. Survival. Contractor's obligations under Article V shall survive the termination of this
Agreement.
ARTICLE VI. TERMINATION OF AGREEMENT
A. 'Termination for Cause. If, through any cause, Contractor shall fail to fulfill in a timely and
proper manner Contractor's obligations under this Agreement, or if Contractor shall violate
any of the covenants, agreements or stipulations of this Agreement, City shall have the right
to terminate this Agreement by giving written notice to Contractor of such termination and
specifying the effective date thereof at least five (5) days before the effective date of such
termination. In that event, .all finished or unfinished documents, data, studies, surveys,
drawings, maps, reports and other materials prepared by Contractor shall, at the option of the
City, become the property of the City, and Contractor. shall be entitled to receive just and
equitable compensation, in an amount not to exceed that payable under this Agreement and
less any damages caused City by Contractor's breach, for any work satisfactorily completed
on such documents and other materials up to the effective date of Notice of Termination,.
B. Termination of Agreement for Convenience of City. City may terminate this Agreement
at any time and for any reason, by giving specific written notice to Contractor of such
termination and specifying the effective date thereof, at least thirty (30) days before the
effective date of such termination. In that event, all finished and unfinished documents and
other materials described hereinabove shall, at the option of the City, become City's sole and
exclusive property. If the Agreement is terminated by City as provided in this paragraph,
Page 11
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Contractor shall be entitled to receive just and equitable compensation, in an amount not to
exceed that payable under this Agreement, for any satisfactory work completed on such
documents and other materials to the effective date of such termination. Contractor hereby
expressly waives any and all claims for damages or compensation arising under this
Agreement except as set forth in this section.
ARTICLE VII. RECORD RETENTION AND ACCESS
A. Record Retention. During the course of the Project and for three (3) years following
completion, the Contractor agrees and to maintain, intact and readily accessible, all data,
documents, reports, records, contracts, and supporting materials relating to the Project as City
may require.
B. Access to Records of Contractor and Subcontractors. The Contractor agrees to permit,
and require its subcontractors to permit City or its authorized representatives, upon request,
to inspect all Project work, materials, payrolls, and other data, and to audit the books,
records, and accounts. of the Contractor and its subcontractors pertaining to the Project.
C. Project Closeout. The Contractor agrees that Project closeout does not alter the reporting
and record retention requirements of this Agreement.
ARTICLE VIII. PROJECT COMPLETION, AUDIT, AND CLOSEOUT
A. Project Completion. Within ninety (90) calendar. days following Project completion or
termination by City, Contractor agrees to submit a final certification of Project expenses and
audit reports, as applicable.
B. Audit of Contractors. Contractor agrees to perform fmancial and compliance audits the
City may require. The Contractor also agrees to obtain any other audits required by City.
Contractor agrees that Project closeout will not alter Contractor's audit responsibilities. Audit
costs are allowable Project costs.
C. Project Closeout. Project closeout occurs when City notifies the Contractor that City has
closed the Project, and either forwards the fmal payment or acknowledges that the Contractor
has remitted the proper refund. The Contractor agrees that Project closeout by City does not
invalidate any continuing requirements imposed by the Agreement or any unmet
requirements set forth in a written notification from City
ARTICLE IX. MISCELLANEOUS PROVISIONS
A. Assignability. The services of Contractor are personal to the City, and Contractor shall not
assign any interest in this Agreement, and shall not transfer any interest in the same (whether
by assignment or notation), without prior written consent of City.
Page 12
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1. Limited Consent. City hereby consents to the assignment of the portions of the Defined
Services identified in Exhibit A, Paragraph 16 to the subcontractors identified as
"Permitted Subcontractors".
B. Qwnership, Publication, Reproduction and Use of Material. All reports, studies,
information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced under this Agreement shall be the sole and exclusive
property of City. No such materials or properties produced in whole or in part under this
Agreement shall be subject to private use, copyrights or patent rights by Contractor in the
United States or in any other country without the express written consent of City. City shall
have unrestricted authority to publish, disclose (except as may be limited by the provisions of
the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in
part, any such reports, studies, data, statistics, forms or other materials or properties produced
under this Agreement.
C. Independent Contractor. City is interested only in the results obtained and Contractor shall
perform as an independent contractor with sole control of the manner and means of
performing the services required under this Agreement. City maintains the right only to
reject or accept Contractor's work products. Contractor and any of the Contractor's agents,
employees or representatives are, for all purposes under this Agreement, independent
contractors and shall not be deemed to be employees of City, and none of them shall be
entitled to any benefits to which City employees are entitled including but not limited to,
overtime, retirement benefits, worker's compensation benefits, injury leave or other leave
benefits. Therefore, City will not withhold state or federal income tax, social security tax or
any other payroll tax, and Contractor shall be solely responsible for the payment of same and
shall hold the City harmless with regard to them.
1. Actions on Behalf of City. Except as City may specify in writing, Contractor shall have
no authority, express or implied, to act on behalf of City in any capacity whatsoever, as
an agent or otherwise. Contractor shall have no authority, express or implied, to bind
City or its members, agents, or employees, to any obligation whatsoever, unless expressly
provided in this Agreement.
2. No Obligations to Third Parties. In connection with the Project, Contractor agrees and
s .hall require that it's agents, employees, subcontractors agree that City shall not be
responsible for any obligations or liabilities to any third party, including its agents,
employees, subcontractors, or other person or entity that is not a party to this Agreement.
Notwithstanding that City may have concurred in or approved any solicitation,
subagreement, or third party contract at any tier, City shall have no obligation or liability
to any person or entity not a parry to this Agreement.
D. Administrative Claims. Requirements and Procedures. No suit or arbitration shall be
brought arising out of this Agreement, against City unless a claim has first been presented in
writing and filed with City and acted upon by City in accordance with the procedures set
forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be
amended, the provisions of which are incorporated by this reference as if fully set forth
Page 13
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herein, and such policies and procedures used by City in the implementation of same. Upon
request by City, Contractor shall meet and confer in good faith with City for the purpose of
resolving any dispute over the terms of this Agreement.
E. Administration of Contract. Each party designates the individuals ("Contract
Administrators") indicated on Exhibit A, Paragraph 12, as that party's contract administrator
who is authorized by the party to represent it in the routine administration of this Agreement.
F. Term. This Agreement shall terminate one year from the date of execution.
1. Extension of Term. This Agreement, upon the mutual consent of the City Engineer and
the Contractor, may be extended for four (4) additional 1-year terms on the same terms
and conditions herein and at the unit costs identified in Exhibit A, section 10(B)(1).
G. Attorney's Fees. Should a dispute arising out of this Agreement result in litigation, it is
agreed that the prevailing party shall be entitled to a judgment against the other for an
amount equal to reasonable attorneys' fees and court costs incurred. The "prevailing party"
shall be deemed to be the party who is awarded substantially the relief sought.
H. Statement of Costs. In the event that Contractor prepares a report or document, or
participates in the preparation of a report or document in performing the Defined Services,
. Contractor .shall include, ar cause the inclusion of, in the report or document, a statement of
the numbers and cost in dollar amounts of all contracts and subcontracts relating to the
preparation of the report or document.
I. Contractor is Real Estate Broker and/or Salesman. If the box on Exhibit A, Paragraph 15
is marked, the Contractor and/or is principals is/are licensed with the State of California or
some other state as a real estate broker or salesperson. Otherwise, Contractor represents that
neither Contractor, nor its principals are licensed real estate brokers or salespersons.
J. Notices. All notices, demands or requests provided for or permitted to be given pursuant to
this Agreement must be in writing. All notices, demands and requests to be sent to any parry
shall be deemed to have been properly given or served if personally served or deposited in
the United States mail, addressed to such parry, postage prepaid, registered or certified, with
return receipt requested, at the addresses identified in this Agreement as the places of
business for each of the designated parties.
K. Integration. This Agreement, together with any other written document referred to or
contemplated in it, embody the entire Agreement and understanding between the parties
relating to the subject matter hereof. Neither this Agreement nor any provision of it may be
amended, modified, waived or discharged except by an instrument in writing executed by the
party against which enforcement of such amendment, waiver or discharge is sought.
L. Capacity of Parties. Each signatory and parry to this Agreement warrants and represents to
the other parry that it has legal authority and capacity and direction from its principal to enter
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1 2-21
into this Agreement, and that all necessary resolutions or other actions have been taken so as
to enable it to enter into this Agreement.
M. Governing LawlVenue. This Agreement shall be governed by and construed in accordance
with the laws of the State of California. Any action arising under or relating to .this
Agreement shall be brought only in the federal or state courts located in San Diego County,
State of California, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance under it, shall be the City of Chula Vista.
(End of page. Next page is signature page.)
Page 15
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Signature Page
to
Agreement between
City of Chula Vista and
Golden Bell Products, Inc.
To provide Sewer Collection Systems Vermin Eradication Services
IN WITNESS WHEREOF, City and Contractor have executed this Agreement, indicating
that they have read and understood same, and indicate their full and complete consent to its
terms:
Dated:
Attest:
Donna Norris, City Clerk
Approved as to form:
Glen R. Googins, City Attorney
Dated:
Exhibit List to Agreement (X)
City of Chula Vista
By:
Cheryl Cox, Mayor
GOLDEN BELL PRODUCTS, INC.
B J
Murrill G. Adams
Exhibit A.
Page 16
12-23
Exhibit A
to
Agreement between
City of Chula Vista
and
Golden Bell Products, Inc.
To provide Sewer Collection Systems Vermin Eradication Services
1. Effective Date of Agreement:
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of California
ORedevelopment Agency of the City of Chula Vista, a political subdivision of the State of
California
OIndustrial Development Authority of the City of Chula Vista, a
()Other: , a [insert business form]
('~City~~}
3. Place of Business for City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
4. Contractor:
Golden Bell Products, Inc.
5. Business Form of Contractor:
( )Sole Proprietorship
( )Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Contractor:
1200 N. Jefferson St. "M",
Anaheim, CA 92807
Telephone: 714-630-3 861
Page 17
12-24
Fax: 714- 630-4807
Website Address: www.goldenbellproducts.com
7. General Duties:
Scope of Required Services
Golden Bell shall apply Insecta insecticide to the City sewer manholes to control roach
infestations. Golden Bell shall assume sole and complete responsibility for job site conditions
during the course of applying the insecticide, including safety of all persons and property.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
Task.l Applying Insecticide Coating
The contractor shall apply Insecta 45600-1 coating to the City sewer manholes for
controlling roaches infestation. The contractor shall prepare and apply the coating materials
in accordance to the manufacturer's specifications and recommended label rates.
Golden Bell shall guarantee the application for two (2) full years from the date of treatment.
If more than fifty (50) living roaches are found in a manhole during the warranty period,
Golden Bell shall then retreat these manholes at no additional cost to the City. Golden Bell
shall retreat these manholes within fourteen (14) calendar days after been notify by the City.
All retreatment work shall be repeated as needed to honor the two year warranty period.
The Contractor shall provide copies of all applicable licensees and permits for applying the
insecticide .materials as required by the State and the City.
Task 2 Field Supervision and Traffic Control
Golden Bell shall provide proper supervision at the job site during all phases of work and
shall be responsible for coordinating the work to be done including traffic control. Work
could take place in alley's, yards, parking lots, drainage channels, and major busy streets. If
any of the manholes to be treated require assistance with traffic control beyond the capability
of Golden Bell, Golden Bell shall conduct the traffic control with the assistance of traffic
control. The traffic control contractor and the locations where additional traffic control will
be required shall be approved by the City Engineer.
The Contractor shall follow industry standard and safety and shall protect the public and its
interest, and shall conduct his work without causing any damages to surrounding area.
Task 3. Marking Manhole Covers of all Treated Manholes
Golden Beli and the City shall mutually select ideal zones as to maximize the effectiveness
of Insecta treatment. The contractor shall mark each manhole cover with permanent,
weatherproof, and distinctive color markers to be approved by the City, identifying the date
of all manholes that were treated. This will help staff in tracking the warranty on the
insecticide.
Page 18
12-25
Task 4. Mapping and Billing
The City will provide the contractor with maps outlining and listing the manholes to be
treated. When submitting invoices, and at the request of the City Engineer, Golden Bell shall
mark these maps and shall submit log sheets listing identification number of the treated
manhole, name of insecticide material, amount of application, size of manhole, assessment of
the manhole and its cover, type of manhole wall (concrete or brick), date of treatment, and
names of personnel who did the work. This will serve as the record of application for the
two years warranty.
B. Date for Commencement of Contractor Services:
()Same as Effective Date of Agreement
(X) Other: Upon issuance of Notice to Proceed
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No. l: Marked Maps with the treated Manholes to be submitted on weekly
basis.
Deliverable No. 2: Log sheets listing identification number with assessment report of the
treated manholes as described in Section 8, Task 4.
D. Date for completion of all Contractor services: 60 days from issuance date of Notice to
Proceed
9. Materials Required to be Supplied by City to Contractor:
The City will provide the contractor with maps outlining and listing the manholes to be
treated.
10. Compensation:.
A. ()Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Contractor as herein required, City shall
pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set
forth below:
Single Fixed Fee Amount:
Milestone or Event or Deliverable
payable as follows:
Amount or Percent of Fixed Fee
O 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
Page 19
12-26
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
B. (X) Not To Exceed Arrangement.
This contract is for an amount not to exceed $0,000 for fiscal year 2011/2012 including
cost for outside services.
(X)1. Based on Unit Costs:
The total compensation due Contractor, which in no event shall exceed the Not To
Exceed amount identified above, shall be based on a unit cost of $19.50 per manhole,
defined in Section 8-A, treated (or $21.00/manhole treated if less than 1000 units}. In
the event that the term of this Agreement is extended pursuant to Article IX, section
F, above, the unit costs ($/manhole treated) for subsequent years shall be those
identified in the schedule below:
Fiscal Year Cost per Manhole for
Treating more than
1000 Manholes Cost per Manhole for
Treating less than
1000 Manholes
2012 $19.50 $21.00
2013 $19.89 $21.42
2014 $20.29 $21.85
2015 $20.69 $22.28
2016 $21.10 $22.73
Page 20
12-27
Phase Fee for Said Phase
1. $
2. $
3. $
1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be .applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase.. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in na event shall such interim
advance payment be made unless the Contractor shall have represented in writing that
.said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
C. ()Hourly Rate Arrangement
For performance of the Defined Services by Contractor as herein required, City shall pay
Contractor for the productive hours of time spent by Contractor in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule herein below according to the
following terms and conditions:
(1) ()Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Contractor of time and materials in excess of said
Maximum Compensation amount, Contractor agrees that Contractor will perform all of
the Defined Services herein required of Contractor for $ ,
including all Materials, and other "reimbursables" ("Maximum Compensation").
(2) (}Limitation without Further Authorization on Time and Materials Arrangement
At such time as Contractor shall have incurred time and materials equal to
$ ("Authorization Limit"}, Contractor shall not be entitled
to any additional compensation without fiurther authorization issued in writing and
approved by the City. Nothing herein shall preclude Contractor from providing additional
Services at Contractor's own cost and expense. See Exhibit B for wage rates.
Page 21
12-28
( )Hourly rates may increase by 6% for services rendered after [month], 20, if delay
in providing services is caused by City.
11. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Contractor in the performance of services
herein required, City shall pay Contractor at the rates or amounts set forth below:
( )None, the compensation includes all costs.
() Reports, not to exceed $
() Copies, not to exceed $
() Travel, not to exceed $
() Printing, not to exceed $
() Postage, not to exceed $
() Delivery, not to exceed $
(X) Outside Services (Traffic Control):
() Other Actual Identifiable Direct Costs:
not to exceed $_
not to exceed $
12. Contract Administrators:
City: Dave McRoberts, Public Works Supervisor
1800 Maxwell Road
Chula Vista, CA 91911.
Telephone No.: (619) 397-6009
Email: dmcroberts@ci.chula-vista.ca.us
Contractor: Murrill Adams, Owner
Golden Bell Product, Inc.
1200 N. Jefferson St. "M"
Anaheim, CA 92807
Telephone: 7I4-630-3 861
Fax: 714- 630-4807
Email: info@goldenbellproducts.com
Website Address: www.goldenbellproducts.com
13. Liquidated Damages Rate:
() $ per day.
(X) Other: None
Cost or Rate
$ At Cost
Page 22
12-29
14. Statement of Economic Interests, Contractor Reporting Categories, per Conflict of Interest
Code (Chula Vista Municipal Code chapter 2.02):
(X)Not Applicable. Not an FPPC Filer.
O FPPC Filer
Category No. 1. Investments, sources of income and business interests.
Category No. 2. Interests in real property.
OCategory No. 3. Investments, business positions, interests in real property, and
sources of income subject to the regulatory, permit or licensing authority of the
department administering this Agreement.
OCategory No. 4. Investments and business positions in business entities and sources of
income that engage in land development, construction or the acquisition or sale of
real property.
OCategory No. 5. Investments and business positions in business entities and sources
of income that, within the past two years, have contracted with the City of Chula
Vista or the City's Redevelopment Agency to provide services, supplies, materials,
machinery or equipment.
OCategory No. 6. Investments and business positions in business entities and sources of
income that, within the past two years, have contracted with the department
administering this Agreement to provide services, supplies, materials, machinery or
equipment.
()List "Contractor Associates" interests in real property within 2 radial miles of Project
Property, if any:
I5. OContractor is Real Estate Broker and/or Salesman
16. Permitted Subcontractors:
Page 23
12-30
17. Bill Processing:
A. Contractor's Billing to be submitted far the following period of time:
(X)Monthly
()Quarterly
()Other:
B. Day of the Period for submission of Contractor's Billing:
()First of the Month
() 15th Day of each Month
(X)End of the Month
()Other:
C. City's Account Number: SW-262
18. Security for Performance
()Performance Bond,. $
()Letter of Credit, $
()Other Security:
Type:
Amount: $
ORetention. ~f this space is checked, then notwithstanding -other provisions to the contrary
requiring the payment of compensation to-the Contractor sooner, the City shall be entitled
to retain, at their option, either the following "Retention Percentage" or "Retention
Amount" until the City determines that the Retention Release Event, listed below, has
occurred:
()Retention Percentage:
ORetention Amount: $_
Retention Release Event:
( )Completion of All Contractor Services
( )Other:
Page 24
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