CONTRACT 4251 Maintenance and Repair Agreement CLOSED® f c
MAINTENANCE AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
DEWEY PEST CONTROL
THIS MAINTENANCE AGREEMENT ( "Agreement ") is made and entered into this 2nd day of
April, 2012, by and between the CITY OF EL SEGUNDO, a general law city and municipal
corporation ( "CITY ") and DEWEY PEST CONTROL ( "CONTRACTOR ").
The Parties agree as follows:
1. CONSIDERATION.
A. As partial consideration, CONTRACTOR agrees to perform the work listed in the
SCOPE OF SERVICES, below;
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 on a lump sum
basis an amount 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 April 2, 2012 to September 30, 2012. The
Agreement may be renewed upon mutual consent of the parties.
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.
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
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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
http: / /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:
i. 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.
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,
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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:
Type of Insurance
Commercial general liability:
Business automobile liability
Workers compensation
Limits (combined single)
$1,000,000
$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
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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 01 06 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
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
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• 4
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.
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
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.
9. 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 Fontract for similar service to
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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.
10. 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: City of El Segundo
350 Main Street
El Segundo, CA 90245
To CONTRACTOR: Dewey Pest Control
21111 So. Figueroa Street
Carson, CA 90745 -1996
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.
11. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a
Taxpayer Identification Number.
12. 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.
13. 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.
14. 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.
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4251 F 14'x'
15. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
16. 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.
17. 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.
18. 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.
19. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement,
agreements ancillary to this Agreement, and related documents to be entered into in connection
with this Agreement will be considered signed when the signature of a party is delivered by
facsimile transmission. Such facsimile signature will be treated in all respects as having the
same effect as an original signature.
20. 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.
21. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
22. 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 party to the other.
23. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole
agreement between CONTRACTOR and CITY respecting pest control. 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.
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IN WITNESS WHEREOF the parties hereto have executed this contract the day and year
first hereinabove written.
CITY OF EL SEGUNDO
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DEWEY PEST CONTROL
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Signature
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Taxpayer ID No.: q 5 -.. 3.1.5-0 -Q
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Page 8 of 8
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March 21 st 2012
City of El Segundo
Attn; Martin Whitehead
Dear Mr. Whitehead
4 2 5 1 . # ,.: .
Thank you for the opportunity to submit the following proposal for AIB Pest Control Service.
Our Program is designed to meet your needs and requirements covered in the following
schedules:
Schedule I Information About Our Company
Schedule II Recommended Service Program
Schedule III General Operating Procedures
Schedule IV Ancillary Services
Schedule V Detailed Cost and Terms
We appreciate this opportunity and feel it will assist you in maintaining a pest free
environment.
The pertinent facts covering our services are detailed in the enclosed proposal. If you have
any questions, please feel free to contact me at (310) 328 -0553 at your earliest convenience..
Sincerely,
DEWEY PEST CONTROL
Richard Neal
Branch Manager
DEWEY PEST CONTROL, 21111 SO. FIGUEROA STREET, CARSON, CALIFORNIA 90745.1996 ® (310) 328.0553 ® FAX (310) 328.4058
ENVIRONMENTAL SECURITY SINCE 1929
DEWEY PEST CONTROL, 21111 SO. FIGUEROA STREET, CARSON, CALIFORNIA 90745.1996 • (310) 328.0553 • FAX (310) 328.4058
ENVIRONMENTAL SECURITY SINCE 1929
4]
SCHEDULE I
INFORMATION ABOUT OUR COMPANY
Since 1929, Dewey Services, Inc.,, DBA Dewey Pest Control Company has grown into one of
the 5 largest pest control organizations in the State. Dewey Services owns and operates 32
branch office locations in the State of California. We are fully licensed by the Structural Pest
Control Board in Sacramento, and the Department of Pesticide Regulation, to provide you
with complete pest and termite management services. These services are in full compliance
of Federal and State Laws & Regulations and meet with your specific needs.
Through the resources of Dewey Services Training Division, our service personnel are kept
up to date in the latest control methods, materials, and techniques. Each technician is
regularly instructed and updated through in -house instruction, utilizing manuals prepared by
Dewey's own recommendations from the industries we serve, along with those of professional
trade associations. Regional workshops are held by Dewey to present new regulations, the
latest and best - suited materials, and to share problems and solutions with every branch office..
Dewey Pest Control has serviced a number of large facilities in the past and continues to do
so today.. A list of some of those contracts include; NASA, Orval Kent, Lockheed Aircraft,
Rockwell International, Hughes Aircraft, Rocketdyne, US, Borax, Edward's Air, Force Base
and the California Correctional Institute in Tehachapi..
We have serviced many recreational facilities such as Knott's Berry Farm in Buena Park,
Calico Ghost Town in Yermo, the Famed Hearst Castle in San Simeon, the Long Beach
Aquarium and the Palm- Springs Aerial Tramway.
In addition, we are very active in food related industries such as Carl's Jr's. Restaurants,
Safeway Stores, Lucky Stores in Northern California, Jack In The Box restaurants, Miller
Brewing, Ball Metal Containers, See's Candy Corp. Sonora Mills, Unified Products,
Quinoa, Hema Foods, Pacific Fruit, Square H Brand / (Hoffy), Golden Tiger and Anheuser-
Busch.
Clean room facilities that we service include, McGaw Laboratories, Gensia, Bio -View, Riker
3M Pharmaceuticals and Biopsy..
Hotels that we service include the Radisson L. A. Harbor, Sheraton Miramar, Century Plaza
Hotel, San Pedro Holiday Inn, Vagabond Inns, the Los Angeles Airport Hilton, Motel 6 and
various Radisson Hotels, just to name a few..
Educational facilities that we service include U. C. L. A., Pepperdine University of Malibu,
Alhambra School district, Temple City School District, Saint Ann's, U. S.C., Brentwood
Academy, Saint Gerard Magellan of Los Angeles, Glendale Unified School District, and Holy
Trinity of San Pedro..
Hospitals that we service include the U. C. L. A. Medical Center, Hollywood Presbyterian,
Children's Hospital in Los Angeles, Santa Monica Hospital, Torrance Memorial Hospital, Little
Company of Mary Hospital, Bay Harbor, Beach Cities Hospital, Saint Joseph's Medical Center
in Burbank, Encino Hospital, Maxi Care in Culver City, Long Beach Memorial and San Pedro
Peninsula Hospital.
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4
SCHEDULE II
RECOMMENDED SERVICE PROGRAM
Pest Coverage
A. Ants (all species) except carpenter ants. F. Sowbugs
B. Cockroaches (all species). G. Crickets
C. Spiders H. Mice
D. Silverfish I. Rats
E. Earwigs
Integrated Pest Management: (IPM / AIM
Once per week, our technician will report to either yourself or your designated party to
service the police department, ( WEEKLY) all other city locations will be done monthly.
Additional services.
1. Your account will be assigned to one technician. It will always be the same technician
each week unless he is out sick or, on vacation. Should the technician go on vacation,
our supervisor will be assigned to your account in his absence.
2. Should any problem arise in between regular services, emergency services will be
rendered at no additional charge, provided that said services can be rendered during
our regular business hours and without interrupting your operations. Calls received
prior to 12:00 noon will be addressed that day.. Calls received after 12:00 noon, will
addressed, no later than the following business day.
SCHEDULE II
RECOMMENDED SERVICE PROGRAM
Rodent Control Proaram
All rodent work is to be done in direct conjunction with rodent exclusion work. We will be
more than happy to point out rodent -entry areas and advise you as to how to properly rectify
this situation. Should you prefer us to handle the exclusion work, we would be happy to
accommodate you, upon request and at an additional charge.
Exterior control for rats will be maintained by the use of Tamper Resistant Bait Stations
placed along building exterior perimeters, at strategic intervals, (Typically 50 -60 feet apart), so
as to prevent rodents from gaining access to the interior of the facility.
In the future, should you find it necessary, Dewey Pest Control can incorporate and provide
you with this service, as well. (Price to be quoted on request)
Service Frequency
Dewey Pest Control will provide weekly service, Monday thru Friday, between the hours of
8:00 AM and 4:00 PM. Our technicians will report to the Quality Assurance Manager and / or
their designee, upon their arrival at the facility and again prior to leaving the facility, at the
conclusion of that day's service.
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SCHEDULE III
GENERAL OPERATING PROCEDURES
Material Usage:
Dewey Pest Control will furnish all labor, materials, and equipment necessary to render this
service. All materials and methods of application will be acceptable and in accordance with all
Federal, State, and Local Regulatory agencies which may jurisdiction over our industry's
activities.
Security:
All Dewey Service Technicians are uniformed and our vehicles are clearly marked for ready
identification by your personnel.
Additional Calls:
In the event additional services are required between our regularly scheduled visits, such
services for specified pests will be rendered promptly without additional charge, so long as
they are conducted during regular working hours.
Insurance and Licenses:
The California Structural Pest Control Board licenses all Dewey Service Technicians through
examinations. These licensed technicians are carefully trained and closely supervised by
Dewey Pest Control management, Environmental Sanitarians, and our Technical Staff
Entomologist.
Dewey maintains 2 million dollars ($2,000,000.00) liability coverage. A certificate of such
coverage is available upon request.
6
SCHEDULE IV
ANCILLARY SERVICES
A. Rodent Proofing / Structural Exclusion
B. Termite Inspections / Reports / Treatments / Fumigation
C. Pest Avian Relocation / Baiting
E. Weed Abatement
* Prices quoted upon request and /or inspection.
IM
DETAILED COST AND TERMS
Please note all site locations, cost, services provided, on attached spread sheet
Total monthly expense — ------- _ ------- $668.00 per month foi all sites listed an attached spread sheet.
Total annual expense ----- -- ---- --- - - ---- $801!6.00
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7
For your convenience you may countersign below, and this will become Our worklng
agreement. This agreement will be subject to termination by afther party with a thirty, (30) day
written notice.
Respectfully Submitted By,
DEWEY PEST CONTROL
Richard Neal
Branch Manager
ACCEPTED FOR: City of Ell Segundo
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