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HomeMy WebLinkAboutHabitat Protection, Inc DBA Pestmaster; 2014-10-22; PEM1124PEM1124 City Attorney Approved Version 1/30/13 1 AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT FOR PEST CONTROL SERVICES HABITAT PROTECTION, INC., DBA PESTMASTER SERVICES This Amendment No. 2 is entered into and effective as of the _______ day of ____________________________, 2018, extending and amending the agreement dated October 22, 2014 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Habitat Protection, Inc., dba Pestmaster Services, a California corporation (“Contractor") (collectively, the “Parties”) for citywide regularly scheduled and as-needed pest control services. RECITALS A. On September 19, 2016, the Parties executed Amendment No.1 to the Agreement to extend and fund the Agreement for an additional two (2) year period; and B. The Parties desire to alter the Agreement’s scope of work to extend and fund the Agreement for an additional two (2) year period. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of two (2) years ending on October 22, 2020 on a time and materials basis not-to-exceed thirty thousand dollars ($30,000) per Agreement year per the original Agreement. 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. /// /// /// /// /// /// /// DocuSign Envelope ID: 009F0C85-2E0A-43DD-9319-8CC6BE2D094A September 27th PEM1124 City Attorney Approved Version 1/30/13 2 4. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR, HABITAT PROTECTION, INC., dba PESTMASTER SERVICES, a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Paz Gomez, Public Works Director as authorized by the City Manager Lea Van Diepen / President (print name/title) By: (sign here) Bart Van Diepen / CFO (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: 009F0C85-2E0A-43DD-9319-8CC6BE2D094A ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTR INSD WVD PRODUCER CONTACTNAME:FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A(Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD ARODRIGUEZ6 Kevin Werthmann 09/20/2018 KAIGCOR-01 A LLS000004503 $1,000 Ded Limit 4,000,000 2,000,000 4,000,000 Pollution Liab Incl 5,000 100,000 2,000,000 X X X X X License # 0757776 10/01/2017 10/01/2018 General Liability Policy #: LLC000004503 - Includes Inspection Services, Pesticide/Herbicide Applicator, Pollution Liab Extension. RE: Agreement Number: PEM1124. Operations of the named insured during the current policy term. 'The City of Carlsbad is additional insured with respect to general liability per CG2010 1001 & CG2037 1001.Professional liability included per attached CG7507 0104. 30 day notice of cancellation applies per policy provisions. HUB International Insurance Services Inc.4695 MacArthur Court, Suite 600Newport Beach, CA 92660 (714) 242-9619(714) 569-2736 2736 City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #3505 New York, NY 10163-4668 Habitat Protection, Inc. dba Pestmaster Services of Northern San Diego County 751 W 4th Ave Escondido, CA 92025 StarNet Insurance Company 40045 X kevin.werthmann@hubinternational.com POLICY NUMBER: LLS0000045 0COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 †† ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any Person or Organization required to be named as an Additional Insured under a contract and evidenced by certificate of insurance or document on file with company. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II – Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B.With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily inju- ry" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addi- tional insured(s) at the site of the cov- ered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another con- tractor or subcontractor engaged in performing operations for a principal as a part of the same project. POLICY NUMBER: LLS0000045 03 COMMERCIAL GENERAL LIABILITY CG 20 37 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 37 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 †† ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any Person or Organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or written agreement that such person or organization be added as an additional insured on your policy and evidenced by a certificate of insurance or docu- ment on file with the company. Location And Description of Completed Operations: All locations per contract Additional Premium: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II – Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products-completed operations hazard". ENDORSEMENT – PESTICIDE OR HERBICIDE APPLICATOR COVERAGE CG 75 07 01 04 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Limit of Insurance DESCRIPTION OF OPERATIONS: Each Occurrence Aggregate Extermination, Fumigation, or Lawn Spray $2,000,000 $4,000,000 A. With respect to the operations described in the Schedule above: SECTION I COVERAGES, Coverage A Bodily Injury and Property Damage Liability, item 2. Exclusion f. Pollution paragraph (2)(a) and (b) are deleted, and replaced by the following: (2) Any loss, cost, or expense arising out of any: (a) Request, demand, or order that any insured or others test for, monitor, clean-up, remove, contain, treat, detoxify, neutralize, or in any way respond to or assess the effects of pollutants. Except for insured’s premises, site, or location which is or was at any time owned or occupied by, or rented or loaned to, any insured; this exclusion does not apply at or from any premises, site, or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured’s behalf are performing pest control and lawn spray operations if the operations meet all standards of all statutes, ordinances, regulations, or license requirements of all federal, state, or local governments which apply to those operations. (b) Claim or “suit” by or on behalf of a governmental authority for damages because of testing for, monitoring, cleanup, removing, containing, treating, detoxifying, neutralizing, or in any responding to or assessing the effects of pollutants. Except, for insured’s premises, site, or location which is or was at any time owned or occupied by, or rented or loaned, to any insured; this exclusion does not apply at or from any premises, site, or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured’s behalf are performing pest control and lawn spray operations if the operations meet all standards of all statutes, ordinances, regulations, or license requirements of all federal, state, or local governments which apply to those operations. B. Limits of Insurance – Coverage provided under this endorsement is limited to the each occurrence and aggregate amounts shown in the schedule above all subject to the products/completed operations aggregate limit of this insurance. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Policy numbers: 048-3217-E28-55N 118-2848-F14-55F 287-5293-F05-55D 287-5294-F05-55D 352-5670-E23-55D 422-4780-B08-55B 422-4781-B08-55B 446 9697-B12-55 451 1671-D11-55 Additional insured: City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services PO BOX 4668 – ECM #35050 New York, NY 10163-4668 The City of Solana Beach, its officers, officials, employees and representatives as additional insured. 6028BU ADDITIONAL INSURED (Prior Notice of Termination) This endorsement is a part of the policy. Except for the changes this endorsement makes, all other provisions of the policy remain the same and apply to this endorsement. 1. A person or organization shown on the Declarations Page as an Additional Insured is provided Liability Coverage, but only to the extent that person or organization qualifies as an insured as defined in Liability Coverage. 2. An Additional Insured has the same right of recovery under Liability Coverage as if they had not been shown on the Declarations Page as an Additional Insured. 3. If Liability Coverage is changed or terminated as to the interest of the Additional Insured, unless another number of days notice is shown on the Declarations Page, we will provide the Additional Insured: a. 10 days notice of such change or termination if the policy is nonrenewed or the cancellation is for nonpayment of premium; and b. 20 days notice of such change or termination if the cancellation is for any reason other than nonpayment of premium. Page 1 of 1 6028BU ©, Copyright, State Farm Mutual Automobile Insurance Company, 2011 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER PAYCHEX INSURANCE AGENCY, INC.150 SAWGRASS DRIVEROCHESTER, NY 14620 CONTACTNAME: PHONE FAX(A/C, NO. EXT):(A/C, No): E-MAILADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: INSURED COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITSINSRWVD(MM/DD/YYYY)(MM/DD/YYYY) GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PROJECT LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON-OWNEDHIRED AUTOS AUTOS UMBRELLA LIAB OCCUR EXCESS LIAB CLAIMS-MADE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITYA ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?Y/N (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) EACH OCCURRENCE AGGREGATE WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 09/17/2018 HABITAT PROTECTION, INC. (A CORP) 751 W 4TH AVENUE ESCONDIDO, CA 92025 Paychex Insurance Agency Inc 877-266-6850 585-389-7426 Certs@paychex.com Wesco Insurance Company 25011 03/01/2018 03/01/2019WWC3332685 City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163 Y N/A X 1,000,000.00 1,000,000.00 1,000,000.00 ACORD 25 (2001/08) The registration notices indicate ownership of the marks by their respective owners ©ACORD CORPORATION 1988, 2007 132849 03-13-2007 All rights reserved CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 09/14/2018 PRODUCER JOHN CHO 3520 COLLEGE BLVD., SUITE 104 OCEANSIDE, CA 92056 THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED HABITAT PROTECTION, INC. 751 W. 4TH AVE. ESCONDIDO, CA 92025 dba Pestmaster INSURER A: State Farm Mutual Auto Insurance Company 25178 25178 INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD’L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ CLAIMS MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN’L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO-JECT LOC AUTOMOBILE LIABILITY 048-3217-E28-55N 118-2848-F14-55F 287-5293-F05-55D 287-5294-F05-55D 352-5670-E23-55D 422-4780-B08-55B 422-4781-B08-55B 446 9697-B12-55 451 1671-D11-55 11/28/2017 12/14/2017 12/05/2017 12/05/2017 11/23/2017 02/08/2018 02/08/2018 02/12/2018 04/11/2018 11/28/2018 12/14/2018 12/05/2018 12/05/2018 11/23/2018 02/08/2019 02/08/2019 02/12/2019 04/11/201 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ANY AUTO ALL OWNED AUTOS BODILY INJURY (Per person) $ X SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY (Per accident) $ X NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY – EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EA ACC $ AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS’ LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS '01 Dodge VIN# 1B7HC16Y61S220763,16 GMC C1500 VIN# 1GTN1LEC5GZ904827,16 GMC C1500 VIN#1GTN1LEC3GZ902638, 15 DODGE RAM VIN#3C6JR6AGXFG525331, 17 NISSAN FRONTIER VIN# 1N6BD0CT4HN706693,17 NISSAN FRONTIER VIN # 1N6BD0CT1HN708059, 06 FORD F350 VIN# 1FDWF35P66EC03322, 17 FORD T350HD VIN# 1FDRS6ZV0HKB53766 Employee Non-Owned Coverage. The City of Solana Beach, its officers, officials, employees, and representatives as additionalinsured FORM NUMBER: 9805B IS INCLUDED ON ALL POLICIES CERTIFICATE HOLDER CANCELLATION CITY OF CARLSBAD/CMWD c/o EXIGIS Insurance Compliance Services PO BOX 4668-ECM # 35050 New York, NY 10163-4668 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25 (2001/08) AUTHORIZED REPRESENTATIVE JOHN CHO ACORD 25 (2001/08) IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR PEST CONTROL SERVICES HABITAT PROTECTION, INC., DBA PESTMASTER SERVICES PEM1124 ~ A~dment No. 1 is entered into and effective as of the (9-t!l day of ~ · UJ~'R, , 2016, extending and amending the agreement dated October 22~4(the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Habitat Protection, Inc., dba Pestmaster Services, a California corporation ("Contractor") (collectively, the "Parties") for citywide regularly scheduled and as-needed pest control services. RECITALS A. The Parties desire to alter the Agreement's scope of work to extend and fund the Agreement for a period of two (2) years; and B. The Parties desire to add prevailing wage language to the agreement in accordance with the Director of Industrial Relations (DIR) requirements. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of two (2) years ending on October 22, 2018 on a time and materials basis not-to-exceed thirty thousand dollars ($30,000) per Agreement year per the Original Agreement. 2. The following prevailing wage language will be added as Paragraph No. 6 to the Original Agreement in accordance with the Director of Industrial Relations (DIR) requirements with all subsequent paragraphs consecutively renumbered: 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. City Attorney Approved Version 1/30/13 PEM1124 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill /II Ill Ill Ill /II /II Ill /II Ill City Attorney Approved Version 1/30/13 2 PEM1124 5. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. HABITAT PROTECTION, INC., dba PESTMASTER SERVICES, a California corporation By: Lea Van Diepen I President (print name/title) (sign here) Bart Van Diepen I Secretary (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: ~ tt411< Elaine Luk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A BREWER, City Attorney BY:~ ~·~o~e-p-uty==C~i=ty~A-tt~o=r~ne~y~~----- City Attorney Approved Version 1/30/13 3 PEM 1124 AGREEMENT FOR PEST CONTROL SERVICES HABITAT PROTECTION, INC., DBA PESTMASTER SERVICES EEMENT Is made and entered into as of the .^/^ day of ^ /-^ 2014, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Habitat Protection, Inc., dba Pestmaster Services, a California Corporation, ("Contractor"). RECITALS A. City requires the professional services of a pest control company that is experienced in pest control and extermination. B. Contractor has the necessary experience in providing professional services and advice related to pest control and extermination. C. Contractor has submitted a proposal to City and has affirmed Its willingness and ability to perfonn such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein. City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While perfonning the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southem Califomia Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The tenn of this Agreement will be effective for a period of two (2) years from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional two (2) year periods or parts thereof in an amount not to exceed thirty thousand dollars ($30,000) per Agreement year. Extensions will be based upon a satisfactory reviewof Contractor's performance. City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be perfonned during the initial Agreement term will be sixty thousand dollars ($60,000) at not-to-exceed thirty thousand dollars ($30,000) per Agreement year. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 1/30/13 PEMII 24 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or wori<ers' compensation payment which City may be required to make on belialf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election. City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms ofthis Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors In connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the perfonnance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost forthe purposes ofthis section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carier is required to have a current Best's Key Rating of not less than "A-:Vir'. OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". City Attomey Approved Version 1/30/13 PEM1124 10.1 Coveraqes and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be can'ied by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined single-limit per occun-ence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work uncler this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liabilitv. (ifthe use ofan automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation limits as required by the Califomia Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liabilitv. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. I I If box is checked, Professional Liability City's Initials Contractor's Initials Insurance requirement is waived. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement 10.3 Providinq Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coveraoe. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. City Attomey Approved Version 1/30/13 PEM1124 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the tenn of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incun-ed under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this AgreemenL 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For Citv For Contractor Name Jesse Zunke Name Bart Van Diepen Title PW Supervisor Title Vice President Department PW - PEM Address 751 W. 4"^ Ave. City of Carlsbad Escondido. Ca 92025 Address 405 Oak Ave. PhoneNo. 760-729-1315 Carlsbad, Ca 92008 Email bartv@sbcglobal.net PhoneNo. 760-434-2992 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. City Attorney Appnsved Version 1/30/13 PEM 1124 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware ofthe requirements ofthe Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of beneflt to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. Ifthe resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be fon^^arded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action ofthe City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perfonn the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and ofthe percentage ofwork that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment ofthe Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making ofthis Agreement. For breach or violation City Attomey Approved Version 1/30/13 5 PEMII 24 ofthis wan-anty. City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part ofthe Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et sea., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false infonnation or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attomey's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of Califomia, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. /// /// /// /// /// /// /// /// City Attomey Approved Version 1/30/13 PEM 1124 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR HABITAT PROTECTION, INC., dba PESTMASTER SERVICES, a California corporation By: CITY OF CARLSBAD, a municipal corporation of the State of California "3 (sign hen Lea Van Diepen / President City^Mainagcr ojr^Dyof or Division Dirgctor *a^uthorized by the City Manager Jim Howell (print name/title) (sign here) Bart Van Diepen / Secretary (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corooration. Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: Assistant City Attorn^ rn^y City Attomey Approved Version 1/30/13 PEM1124 EXHIBIT "A" SCOPE OF SERVICES SPECIFICATIONS I. Introduction A. City of Carlsbad Property Division requires the professional services of a pest control contractor to provide all labor, materials, equipment, tools, insurance, and permits according to the speciflcations. The contractor will provide all pest control services as required by the City. Pest control services will be regularly schedule and on an as-needed basis. B. City designated personnel will be notifled by the contractor via the City of Carlsbad Facilities Dept. when sanitation or use factors prevent proper pest control and mitigation services according to the contract. If conditions arise that prevent the contractor from performing according to the specification the contractor will provide detailed descriptions, photographs, and the monthly service and inspection report to a City of Carlsbad Facilities representative. II. Scope of Services A. Insect Control 1. Includes all roaches, ants, silverfish, termites, and other insects. 2. Control methods may include the following: a. Application of liquid residual insecticides to cracks and crevices where pests breed and harbor. b. Application of liquid residual insecticides as a spot treatment where pests are found. c. Applications of insecticide dust to voids or concealed areas. d. Use of baits where necessary. e. Application of liquid insecticides or repellents around trasheans, trash receptacles, trash dumpsters, and trash enclosures for flies or other nuisance insect infestations. f. Submittal of Service and inspection reports and any recommendations for preventative measures. B. Rodent/Avian/other Animal Control 1. Inspect facilities monthly for sign of rodent or other animal activity or infestation. 2. When rodent or other animal activity is found, control measure will be applied and increased in the areas of activity. 3. When rodent or other animal activity is found or suspected, tracking powder may be used in Tracking Powder Stations or concealed voids. 4. Snap traps (baited or with expanded trigger) will be used in areas where such traps will not present a hazard to customer and/or employees. City Attomey Approved Version 1/30/13 PEM1124 5. Glue stations shall be used in areas that a hazard to customers or employees may exist. 6. The contractor shall check and maintain all traps and remove rodents from them on a weekly basis until seven days pass without evidence of rodent infestation. 7. Bait stations may be used in unoccupied storage ^cilities but shall not be used in occupied buildings. 8. The contractor shall provide these traps and materials at no extra cost to the City and shall maintain the increased activity until rodent activity is no longer evident in the area. 9. Bird removal may be required as a part of this agreement. The contractor shall note any activity on the Service and Inspection Reports and shall take any and all necessary steps to remove bird from the facilities as requested by the Public Wori< Representative. 10. Submittal of Service and Inspection reports and any recommendations for preventative measures. III. Nature of Work and Materials Used A. All work will be performed in a safe manner and in accordance with the most modem and effective scientific pest control procedures. B. Only those pesticides will be used which have been registered by the Environmental Protections Agency and other govemmental agencies having authority in this field. All pesticides label requirements, laws and regulations will be strictly adhered to including California Department of Pesticide Regulations Compliance for usage and reporting. C. The Contractor shall furnish in the Public Wori<s Representative, Facilities, with Materials Safety Data Sheets (MSDS), for all pesticides used in conjunction with its pest control activities. IV. Service Specifications A. Inspection 1. Contractor shall furnish Facilities manager with a monthly schedule of services including dates and times for inspection and treatment of all facilities. 2. Upon each service visit, the Service technician will make a thorough inspection of each facility and shall make notations as described in this section. 3. Areas of active infestation will be noted on the service report. 4. Areas of potential infestation and problems will be noted. 5. Evidence of termite activity will be reported the Public Wori<s Representative. B. Treatment 1. Any and all needed action will be taken to render complete, preventative and corrective insect, rodent or other animal abatement treatments, and bird removal. City Attorney Approved Version 1/30/13 PEM 1124 2. Licensed applicators or persons under their direct supervision shall perform all pesticide applications under this agreement. C. Frequency 1. Monthly service is required at each of the Facilities listed in Exhibit 'A' 2. Service at the following Facilities will be on an "as needed" basis and will be paid pursuant to the bid item for "Extra As Needed Facilities Treatments." Bauer Lumber Facility Calavera Treatment Plant Las Palmas City owned Facility Granary Holiday Park Restrooms (2) Housing & Redevelopment La Costa Canyon Park Restroom Laguna Riviera Park Restroom Library Annex Poinsettia Park Maintenance Buildings Poinsettia Park Restrooms (2) & Snack Bar (1) Village Grill 2787 State Street 2400 Tamarack Avenue 2705 Las Palmas 3659 Garfield 3235 Eureka Place 2965 Roosevelt Pueblo St. & Rana Ct. 4900 Kelly Drive 1237 Carisbad Village Dr. 6200 Hidden Valley Rd. 6200 Hidden Valley Rd. 2833 State St. 3. Additional application, trap installations, or rodent removals, when necessary, will be performed within 24-hours of a request from the Public Works Representative, Facilities. V. Termite Tenting Treatments A. Tenting and Fumigation of facilities are included in this Contract on an as needed basis. The Contractor will provide tenting and fumigation of these facilities on an as needed basis as directed by the Public Works Representative, Facilities. B. Tenting and Fumigation services are to be bid on a cubic foot of volume basis. The estimated frequency of tenting and fumigation treatments per agreement year. Contractor is to provide all needed tenting, fumigation gas, plastic bags for protection of perishable foods and medicines, all required waming signs and other equipment or services required to provide complete fumigation of the facility for termites. C. Each facility is assumed to be of two stories or less and should be assumed to have one antenna structure that will need to be accommodated by the tenting process. D. The Contractor shall be responsible for preserving the facility in its pre-fumigation state and shall repair any and all damage to the facility that is a result of the fumigation operation including the replacement of roofing materials or tiles, window glass or other structural or non- structural portions ofthe building. VI. Bee and Wasp Removal A. Removal of bee, wasp, hornet, or other insects from facilities is included in this Contract on an as needed basis. The Contractor will provide removal of infestations of these facilities on an as needed basis as directed by the Public Works Representative, Facilities. 10 City Attorney Approved Version 1/30/13 PEM 1124 B. Bee and wasp infestation removal services are to be bid on a per incident basis. The estimated frequency of bee and wasp is eight (8) removal treatments per agreement year. Contractor to provide all needed personnel, all required waming signs and other equipment, pesticides or services required to provide complete treatment of the facility for bee and wasp infestations. The preferred method of removal for beneficial insects is relocation when possible and practical. Vll. Report Forms and Recordkeeping A. A detailed "Service and Inspection Report" will be prepared and furnished to the Public Works Representative, Facilities once per month. This report will reflect housekeeping conditions, rodent activity, corrective and preventative treatments, pesticide use and percentage and amount of pesticide used at each facility under this agreement. A copy will be maintained in the pest control company's flies. B. In the event of extra service calls, either contractually required or "as needed" a supplemental detailed "Service and Inspection Report" will be prepared and furnished to the Public Works Representative, Facilities, by the pest control company. This report will reflect housekeeping conditions, rodent activity, corrective and preventative treatments, pesticide use and percentage and amount of pesticide used at each facility under this agreement. A copy will be maintained in the pest control company's files. Vill. Insurance A. The pest control company will have and maintain full insurance coverage as described in item 10 of the agreement. Certiflcate(s) of Insurance will be fumished upon request to the Public Works Representative or when there are changes to the certiflcates. IX. Qualifications of Contractor A. The contractor shall possess and shall maintain a valid license from the State of California Structural Pest Control Board for the duration of the agreement. B. The Contractor shall provide a minimum of three (3) reference documenting contractual work performed of a similar size and nature to this agreement. (Attach to Agreement) C. The Contractor shall provide infonnation regarding his equipment, personnel, project manager, and any other information that could inform the City of Carisbad of its qualifications to provide services required under this agreement. (Attach to Agreement) D. The Contractor shall provide uniformed, properiy trained and licensed personnel for all work performed under this agreement. E. At the City of Carisbad Safety Center and Safety Training Center the Contractor's employees that are perfonning the work under this agreement will undergo a limited background check that will be administered by the City of Carisbad at no cost to the City of Carisbad. (See attached Background Check form) X. Enforcement and Deductions A. If, in the judgment of the Public Works Representative, Facilities, the vendor is deemed to be non-compliant with the terms and obligations ofthe agreement. Public Worics Representative, Facilities, may, in addition to other remedies provide herein, withhold of deduct the entire monthly payment, from the vendors invoice for work not performed. Notification ofthe amount City Attorney Approved Version 1/30/13 11 PEMII 24 to be withheld or deducted from the vendor will be forwarded to the vendor by the Public Worics Representative, Facilities, in a written notice describing the reasons for said action. The written notice shall constitute reason for any deductions so imposed. FACILITY NAME ADDRESS ANNUAL SERVICE EVENTS FEE ANNUAL FEE Parks Department Complex 1166 Carisbad Village Dr. 12 $34.89 $418.68 Alga Norte Park Facilities 6565 Alicante Rd 12 211.39 $2,536.68 Calavera Community Center 2997 Glasgow Dr. 12 $34.89 $418.68 Calavera Park Snack Bar/ Restrooms 2997 Glasgow Dr. 12 $34.89 $418.68 Chase Field Snack Bar 3349 Harding St. 12 $23.66 283.92 City Administration 1635 Faraday Ave. 12 $34.89 $418.68 City Hall Complex and Council Chambers 1200 Carisbad Village Dr. 12 $46.52 $558.24 City Maintenance Yard Complex 405 Oak Ave. 12 $34.89 $418.68 Community Swim Complex 3401 Monroe St. 12 $46.52 $558.24 Eimwood House (Arts) 2955 Eimwood St. 12 $34.89 $418.68 Farmers Building 5815 El Camino Real 12 $58.20 $698.40 Fire Station #1 1275 Carlsbad Village Dr. 12 $46.52 $558.24 Fire Station #2 1906 Arenal Rd. 12 $46.52 $558.24 Fire Station #3 3701 Catalina Dr. 12 $46.52 $558.24 Fire Station #4 688t Batiquitos Lane 12 $46.52 $558.24 Fire Station #5 2540 Orion Way 12 $46.52 $558.24 Fire Station #6 7201 Rancho Santa Fe Rd. 12 $46.52 $558.24 Harding Community Center Complex 3096 Harding St. 12 $34.89 $418.68 Heritage Hall 2650 Garfield St. 12 $23.66 $283.92 Hiring Center 5958 El Camino Real 12 $34.89 $418.68 Holiday House 3235 Eureka Place 12 $23.66 $283.92 Kruger House 3215Eureak Place 12 $23.66 $283.92 Leo Carrillo Park Facilities 6200 Flying LC Lane 12 $34.89 $418.68 Library (Dove) 1775 Dove Lane 12 $46.52 $558.24 Library (Cole) 1250 Carisbad Village Dr. 12 $46.52 $558.24 Library Leaning Center 3368 Eureka PI 12 $46.52 $558.24 Magee House 258 Beech Ave. 12 $23.66 $283.92 Poinsettia Park 6200 Hidden Valley Road 12 $34.89 $418.68 Railroad Depot (ConVis) 400 Carisbad Village Dr. 12 $34.89 $418.68 Safety Center 2560 Orion Way 12 $46.52 $558.24 Safety Training Center 5750 Orion St. 12 $46.52 $558.24 S.C. Fleet Maintenance 2480 Impala Way 12 $34.89 $418.68 Scout House 3225 Eureka Place 12 $23.66 $283.92 Senior Center 799 Pine Ave. 12 $46.52 $558.24 Stagecoach Community Center 3420 Camino de los Coches 12 $34.89 $418.68 LEED Modular 3430 Harding St. 12 $23.66 $283.92 Water District Facilities 5950 El Camino Real 12 $46.52 $558.24 SUBTOTAL $19,038.96 12 City Attorney Approved Version 1/30/13 PEM 1124 eTofoi(tft^"ttems and added to the Total Annual Service Charges Contract Section and Units of Measure Quantity Fee Per Unit Annual Fee Extra As Needed Facility Treatments Per Section IV, C 2 (Estimated at 20)* 20 $36.80 $736.00 As Needed Termite Fumigation Services Per Section V, (Estimated at 144,000 Cu. Ft.)* 144,000 $0.04858 $6,995.52 As Needed Bee and Wasp Removal Service Per Section VI (Estimated at 10)* 8 $118.00 944.00 SUBTOTAL $8,675.52 TOTAL ESTIMATED ANNUAL SERVICE COSTS $27,714.48 *Reference Exhibit "A", Section V-B (Termite Tenting Treatments) 13 City Attorney Approved Version 1/30/13