CONTRACT 6793 Maintenance and Repair Agreement CLOSEDAgreement No. 6793
MAINTENANCE AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
DEWEY PEST CONTROL
GM 23-13: CITY-WIDE PEST CONTROL SERVICES
PROJECT
This MAINTENANCE AGREEMENT ("Agreement") is made and entered into this 3`d
day of August 2023, by and between the CITY OF EL SEGUNDO, a general law city and
municipal corporation ("CITY") and DEWEY PEST CONTROL COMPANY, a CALIFORNIA
CORPORATION ("CONTRACTOR").
The parties agree as follows:
1. CONSIDERATION.
A. As partial consideration, CONTRACTOR agrees to perform the work listed in the
SCOPE OF SERVICES, Exhibit "A".
B. As additional consideration, CONTRACTOR and CITY agree to abide by the
terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONTRACTOR not to exceed
Fifteen Thousand dollars ($15,000.00) rates set forth in the attached Exhibit "A"
which is incorporated by reference, for CONTRACTOR's services. CITY will
pay such amount promptly, but not later than thirty (30) days after receiving
CONTRACTOR's invoice.
2. TERM. The term of this Agreement will be from July 1, 2023 to June 30, 2024. This term
may be amended by mutual written consent of the parties, as specified in Section 19.
3. SCOPE OF SERVICES.
A. CONTRACTOR will perform services listed in the attached Exhibit A.
B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor,
technical, administrative, professional and other personnel, all supplies and
materials, equipment, printing, vehicles, transportation, office space and facilities,
and all tests, testing and analyses, calculation, and all other means whatsoever,
except as herein otherwise expressly specified to be furnished by CITY, necessary
or proper to perform and complete the work and provide the professional services
required of CONTRACTOR by this Agreement.
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Agreement No. 6793
4. PREVAILING WAGES.
A. Pursuant to Labor Code § 1720, and as specified in 8 California Code of
Regulations § 16000, CONTRACTOR must pay its workers prevailing wages. It
is CONTRACTOR's responsibility to interpret and implement any prevailing
wage requirements and CONTRACTOR agrees to pay any penalty or civil
damages resulting from a violation of the prevailing wage laws.
B. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem
wages are available upon request from CITY's Engineering Division or the
website for State of California Prevailing wage determination at
littp://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must post a copy of the
prevailing rate of per diem wages at the job site.
C. CITY directs CONTRACTOR's attention to Labor Code §§ 1777.5, 1777.6 and
3098 concerning the employment of apprentices by CONTRACTOR or any
subcontractor.
D. Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing
tradesmen in any apprenticeship occupation to apply to the joint apprenticeship
committee nearest the site of the public works project and which administers the
apprenticeship program in that trade for a certificate of approval. The certificate
must also fix the ratio of apprentices to journeymen that will be used in the
performance of the contract. The ratio of apprentices to journeymen in such cases
will not be less than one to five except:
When employment in the area of coverage by the joint apprenticeship
committee has exceeded an average of 15 percent in the 90 days before the
request for certificate, or
ii. When the number of apprentices in training in the area exceeds a ratio of
one to five, or
iii. When the trade can show that it is replacing at least 1/30 of its
membership through apprenticeship training on an annual basis state-wide
or locally, or
iv. When CONTRACTOR provides evidence that CONTRACTOR employs
registered apprentices on all of his contracts on an annual average of not
less than one apprentice to eight journeymen.
v„ CONTRACTOR is required to make contributions to funds established for
the administration of apprenticeship programs if CONTRACTOR employs
registered apprentices or journeymen in any apprenticeable trade on such
contracts and if other contractors on the public works site are making such
contributions.
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Agreement No. 6793
vi. CONTRACTOR and any subcontractor must comply with Labor Code §§
1777.5 and 1777.6 in the employment of apprentices.
vii. Information relative to apprenticeship standards, wage schedules and other
requirements may be obtained from the Director of Industrial Relations,
ex-officio the Administrator of Apprenticeship, San Francisco, California,
or from the Division of Apprenticeship Standards and its branch offices.
E. CONTRACTOR and its subcontractors must keep an accurate certified payroll
records showing the name, occupation, and the actual per diem wages paid to
each worker employed in connection with this Agreement. The record will be
kept open at all reasonable hours to the inspection of the body awarding the
contract and to the Division of Labor Law Enforcement. If requested by CITY,
CONTRACTOR must provide copies of the records at its cost.
5. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR
has
i. Thoroughly investigated and considered the scope of services to be
performed;
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONTRACTOR warrants that
CONTRACTOR has or will investigate the site and is or will be fully acquainted
with the conditions there existing, before commencing the services hereunder.
Should CONTRACTOR discover any latent or unknown conditions that may
materially affect the performance of the services, CONTRACTOR will
immediately inform CITY of such fact and will not proceed except at
CONTRACTOR's own risk until written instructions are received from CITY.
6. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONTRACTOR will procure and maintain the following
types of insurance with coverage limits complying, at a minimum, with the limits
set forth -below:
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T e of Insurance
Commercial general liability:
Business automobile liability
Workers compensation
Limits fcombined sin le
$2,000,000
$1,000,000
Statutory requirement.
B. Commercial general liability insurance will meet or exceed the requirements of
ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth
above will be a combined single limit per occurrence for bodily injury, personal
injury, and property damage for the policy coverage. Liability policies will be
endorsed to name City, its officials, and employees as "additional insureds" under
said insurance coverage and to state that such insurance will be deemed "primary"
such that any other insurance that may be carried by City will be excess thereto.
Such insurance will be on an "occurrence," not a "claims made," basis and will
not be cancelable or subject to reduction except upon thirty (30) days prior written
notice to City.
C, Automobile coverage will be written on ISO Business Auto Coverage Form CA
00 0106 92, including symbol 1 (Any Auto).
D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement,
endorsements as required herein, and such other evidence of insurance or copies
of policies as may be reasonably required by City from time to time. Insurance
must be placed with insurers with a current A.M. Best Company Rating
equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the
insurer will provide thirty (30) day notice of any cancellation of coverage.
CONTRACTOR will require its insurer to modify such certificates to delete any
exculpatory wording stating that failure of the insurer to mail written notice of
cancellation imposes no obligation, and to delete the word "endeavor" with regard
to any notice provisions.
E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance
required by this Agreement, City may obtain such coverage at CONTRACTOR's
expense and deduct the cost of such insurance from payments due to
CONTRACTOR under this Agreement or terminate.
7. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this
Agreement until:
A. CONTRACTOR furnishes proof of insurance as required under Section 6 of this
Agreement; and
B. CITY gives CONTRACTOR a written Notice to Proceed.
C. Should CONTRACTOR begin work in advance of receiving written authorization
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Agreement No. 6793
to proceed, any such professional services are at CONTRACTOR's own risk.
8. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time
with or without cause. Notice of termination will be in writing.
B. CONTRACTOR may terminate this Agreement upon providing written notice to
CITY at least thirty (30) days before the effective termination date.
C. Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms services similar to those terminated.
D. By executing this document, CONTRACTOR waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section.
9. INDEMNIFICATION.
A. CONTRACTOR indemnifies and holds CITY harmless from and against any
claim, action, damages, costs (including, without limitation, reasonable
attorney's fees and penalties), injuries, or liability, arising out of this
Agreement, or its performance including, without limitation, damages or
penalties arising from CONTRACTOR's removal, remediation, response or
other plan concerning any Hazardous Waste resulting in the release of any
hazardous substance into the environment, except for such loss or damage
arising from CITY's sole negligence or willful misconduct. Should CITY be
named in any suit, or should any claim be brought against it by suit or
otherwise, whether the same be groundless or not, arising out of this
Agreement, or its performance, CONTRACTOR will defend CITY (at
CITY's request and with counsel satisfactory to CITY) and will indemnify
CITY for any judgment rendered against it or any sums paid out in
settlement or otherwise.
B. For purposes of this section "CITY" includes CITY's officers, officials,
employees, agents, representatives, and volunteers.
C. CONTRACTOR expressly agrees that this release, waiver, and indemnity
agreement is intended to be as broad and inclusive as is permitted by the law of
the State of California and that if any portion is held invalid, it is agreed that the
balance will, notwithstanding, continue in full legal force and effect.
D. It is expressly understood and agreed that the foregoing provisions will survive
termination of this Agreement.
E. The requirements as to the types and limits of insurance coverage to be
maintained by CONTRACTOR as required by this Agreement, and any approval
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Agreement No. 6793
of said insurance by CITY, are not intended to and will not in any manner limit or
qualify the liabilities and obligations otherwise assumed by CONTRACTOR
pursuant to this Agreement, including, without limitation, to the provisions
concerning indemnification.
10. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that
CONTRACTOR will act as an independent contractor and will have control of all work and the
manner in which is it performed. CONTRACTOR will be free to contract for similar service to
be performed for other employers while under contract with CITY. CONTRACTOR is not an
agent or employee of CITY and is not entitled to participate in any pension plan, insurance,
bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that
may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work
or to exercise a measure of control over the work means that CONTRACTOR will follow the
direction of the CITY as to end results of the work only.
11. NOTICES.
A. All notices given or required to be given pursuant to this Agreement will be in
writing and may be given by personal delivery or by mail. Notice sent by mail
will be addressed as follows:
To CITY: Attn: Jorge Prado
City of El Segundo
350 Main Street
El Segundo, CA 90245
Tel. no.: 310-524-2713
Email: jprado@elsegundo.org
To CONTRACTOR: Attn: John Brewer
Dewey Pest Control
939 E. Union St.
Pasadena, CA 91106
Tel. no.: 310-328-0553
Email: jbrewer@deweypest.com
B. When addressed in accordance with this paragraph, notices will be deemed given
upon deposit in the United States mail, postage prepaid. In all other instances,
notices will be deemed given at the time of actual delivery.
C. Changes may be made in the names or addresses of persons to whom notices are
to be given by giving notice in the manner prescribed in this paragraph.
12. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a
Taxpayer Identification Number.
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Agreement No. 6793
13. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained
in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained in this Agreement, whether of the same or different
character.
14. CONSTRUCTION. The language of each part of this Agreement will be construed simply
and according to its fair meaning, and this Agreement will never be construed either for or
against either party.
15. SEVERABLE. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the
extent necessary in the opinion of the court to render such portion enforceable and, as so
modified, such portion and the balance of this Agreement will continue in full force and effect.
16. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
17. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a
waiver of any other provision, nor will such waiver constitute a continuing waiver.
18. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
agreement will be in Los Angeles County.
19. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned
upon approval and ratification by the El Segundo City Council. This Agreement is not binding
upon CITY until executed by the City Manager. The Parties represent and warrant that all
necessary action has been taken by the Parties to authorize the undersigned to execute this
Agreement and to engage in the actions described herein. This Agreement may be modified by
written agreement. CITY's city manager may execute any such amendment on behalf of CITY.
20. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any
number of separate counterparts, and all such counterparts so executed constitute one Agreement
binding on all Parties notwithstanding that all the Parties are not signatories to the same
counterpart. In accordance with Government Code § 16.5, the Parties agree that this Agreement,
Agreements ancillary to this Agreement, and related documents to be entered into connection
with this Agreement will be considered signed when the signature of a party is delivered by
electronic transmission. Such electronic signature will be treated in all respects as having the
same effect as an original signature.
21. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity
between any provision of this Agreement, its attachments, the purchase order, or notice to
proceed, the provisions of this Agreement will govern and control.
22. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
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23. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood,
explosion, war, terrorist act, embargo, government action, civil or military authority, the natural
elements, or other similar causes beyond the Parties' control, then the Agreement will
immediately terminate without obligation of either parry to the other.
24. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole
agreement between CONTRACTOR and CITY respecting lead based stabilization. To the
extent that there are additional terms and conditions contained in Exhibit "A" that are not in
conflict with this Agreement, those terms are incorporated as if fully set forth above. There are
no other understandings, terms or other agreements expressed or implied, oral or written.
[Signatures on next page]
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Agreement No. 6793
IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and
year first hereinabove written.
CITY OF EL SEGUNDO
Elias Sassodn,
Director of Public Works
ATTEST:
Tracy Weaver,
City Clerk
APPROVED AS TO FORM:
MARK D. WSLEY, City Attorney
By: ` 1
Joaquin Vaz ue, Deputy City Attorney
Insurance Reviewed by:
al, i Nisk nger
DEWEY PEST CONTROL
Marne" 3'okn Gre-we r
Title- n
1�CWf(/� %hFn4r
Taxpayer ID No. Q5 - 3lSSc)a 2j
Contractor State
License No.: P 91) to
Contractor City Business
License No.:
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EXHIBIT A Agreement No. 6793
CITY OF EL SEGUNDO PEST CONTROL SERVICES PROJECT
PROJECT LOCATION:
The project consists of pest control service for the following city -owned facilities beginning July
1, 2023 to June 30, 2024:
I. LOCATIONS AND ADDRESSES
•
City Hall
•
City Hall (16 exterior bait stations)
•
Police Department
•
Fire Station 1
•
Club House
•
Joslyn Center
•
3 Concession Stands
•
Parks Maintenance Garage
•
Checkout Building
•
El Segundo Teen Center
•
Library
•
The Plunge Swim Stadium
•
Water Division
•
Maintenance Facility
•
Test House
•
Fire Station 2
•
Campus El Segundo
•
El Segundo Wisebum
II. GENERAL OPERATING PROCEDURES
350 Main Street
350 Main Street
348 Main Street
314 Main Street
300 Pine Avenue
339 Sheldon Street
339 Sheldon Street
339 Sheldon Street
401 Sheldon Street
405 E. Grand Avenue
111 W. Mariposa Avenue
219 W. Mariposa Avenue
400 Lomita Street
150 Illinois Street
910 Hillcrest Avenue
2261 E. Mariposa Avenue
2201 E. Mariposa Avenue
2240 E. Grand Avenue
Chemical Usage: The Contractor will furnish all labor, materials, and equipment
necessary to render this service. Materials used and methods of application will be in
accordance with Federal, State, and Local Regulatory agencies.
Security: All personnel will carry photo identification cards and will be dressed in
company uniforms.
Additional Calls: in the event additional services are needed between regularly
scheduled visits, such services for specified pests will be rendered promptly, without
additional charge, during regular working hours.
If an emergency call is made before 12:00 pm during regular work hours to the
Contractor, the company shall respond on the same day. Calls placed after noon, shall
be responded to no later than the following business day.
Agreement No. 6793
Insurances and Licenses: Contractor shall have the proper licenses and insurance
prior to commencing any work. A certificate of insurance must be provided when bid
is awarded.
III. SERVICE PROGRAM
Weekly service will consist of treatment to all listed buildings, including interior and
exterior service for ants, roaches, silverfish, mosquitos, mice and/or rats. Treatment
will be provided to all common areas, kitchens, restrooms, and exteriors of all
buildings listed. Office space will be treated on a case -by -case basis.
Pest Coverage
A. Ants (except for carpenter and Pharaoh ants)
B. Roaches (all species)
C. Spiders
D. Crickets
E. Mice
F. Rats
G. Silverfish
H. Mosquitos
Insect Control Program
A. Service technicians will report to the Facility Maintenance Supervisor at the City
Yard (150 Illinois St). Service personnel will sign in and pick up any information
on problem areas. They will then proceed to treat these areas and continue on to
all specified areas that are included in this pest control program.
B. A completed service report will be left at the City Yard after each weekly service
when signing out after carrying out that week's service.
C. Service will consist of a weekly with regular inspection of potential problem areas
including, but not limited to servicing the exterior of all City buildings. Interiors
of these buildings will be serviced upon request if problem areas develop. A crack
and crevice application of residual materials will be made to food storage areas,
kitchens, exteriors perimeters, walkways, maintenance, and trash areas.
D. Offices, lobbies, locker rooms, restrooms, janitorial closets, mechanical rooms,
electrical rooms, and all other areas not mentioned will be done on an as needed
basis.
E. Any areas found to be in need of treatment will be given a thorough crack and
crevice application of gels, baits and residual materials. On an as needed basis,
desiccant dust applications of all voids will also be rendered.
F. Service to include interior treatment of up to 2,000 square feet of office space for
covered pest upon request.
G. All treatments will consist of proper applications of EPA approved materials only.
Agreement No. 6793
Rodent Control Pro ram
A. All rodent work to be done in direct conjunction with rodent exclusion work.
Rodent -entry areas will be identified, and suggested correction will be provided.
Cost of correction to be determined at the time of implementation.
B. Interior control will be maintained by use of mechanical (tin cats), snap traps, and
glue traps placed inconspicuously in needed areas. Traps to be provided by
contractor.
C. Exterior control will be maintained by the use of bait stations placed strategically
as to prevent rodents from entering the facility. Stations to be provided by
contractor.
D. All interior traps will be serviced and dated weekly. All bait stations will be
checked, dated, cleaned, and baited weekly.
E. Contractor to provide all necessary equipment. Should equipment be damaged or
need replacement, Contractor will replace and bill the City of El Segundo at
Contractor's cost.
Flying Insect Control
The level of control achievable in flying insect control relies on the ability to
eliminate the breeding grounds. All flying insect control will be done on a case -by -
case basis. Means and equipment necessary for the control of flying insects will be
determined after a complete inspection of the affected area. Recommendations and
quotations shall be given at time of inspection.
IV. SERVICE RATES
Facility
. ___ ......._.-..-.__............................................
Address
.......
MonthlyService Rate
City Hall
350 Main Street
52.00
..............................................................................
City Hall (16 exterior bait
350 Main Street
stations
95.00
Police Department
348 Main Street
167.00
Fire Station 1
._.....................................
314 Main Street
_............._......... ............................................. _
47.00
Club House
300 E. Pine Avenue ....
............... . . . . . . ............................................................
47.00
...... www_
Joslyn Center
........
339 Sheldon Street
47.00
3 Concession Stands
.................................................................................................................................
339 Sheldon Street
62.00
Park Maintenance Garage
339 Sheldon Street
... . ...... _ ._.
42.00
....._____..._.. ....._ ........ .......
Checkout Building
401 Sheldon Street
42.00
Agreement No. 6793
......... .m
Facility
............................................
Address
-
Monthly Service Rate
El Segundo Teen Center
405 E. Grand Avenue
47.00
..................
Library
... ............
111 W. Mariposa Avenue
57.00
.......................
The Plunge Swim Stadium
.........
219 W. Mariposa Avenue
42.00
Water Division
._ _W .........
400 Lomita Street
.............
47.00
.... ........_
Maintenance Facility
................
150 Illinois Street
_.............
Site 1 62.00 Site 2 70.00
....................
Test House
910 Hillcrest Avenue
...........
42.00
................._.........,
Fire Station 2
2261 E. Mariposa Avenue
..............
69.00
............... ...........................
Campus El Segundo
......
2201 E. Mariposa Avenue
.............. ......
42.00
._. .�............
El Segundo Wiseburn
._._.._.....................................
2240 E. Grand Avenue
42.00
As -Needed Rates:
Scope Unit Per Incident Rate
....... ......... ......
Pest Control at City Waste Per Incident Quote to be provided per
Water Lift Stations 16, 17 request
and 18 or at locations not
mentioned above
_..........._ _.............
Termite Control Per Incident Quote to be provided per
request
Bee Abatement Per Incident Quote to be provided per
re uest