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HomeMy WebLinkAboutContracts & Agreements_150-2011_CCv0001.pdf AGREEMENT FOR FXTFR MI NATION' AND PFSTCONTROL SERVICES This agreement for the performance of Extermination and Pest Control Set-vices ("Agreement-) is made and entered into this 28th day of Septernber 2011 ("Effective Date"), by and between the City of' Redlands, a rnunicipal corporation ("City"). and Craig & Sons Tertnite & Pest Control, Inc. ("Contractor"). City and Contractor are sometimes individually referred to herein as a"Party"and, together., as the "Parties." In consideration of the mutual promises contained herein, City and Contractor agree as 1,61lows- ARTICLE I - ENGAGEMENTOF CONTRACTOR 1.1 City hereby retains Contractor to perform Extermination and Pest Control Services (the "Services") at City's flacility located at 9_55 Parkford Drive, Redlands, California. 1,2 Contractor and its subcontractors shall possess all appropriate State contractors' licenses required for the work to be performed in connection with the performance of the water meter testing and calibration repair work, and shall not be debarred pursuant to Labor Code sections 177,1 and 177-7.7. ARTICLE 2 - RESPONSIBILITIES OF CONTRACTOR 2 I The specific Services which Contractor shall perform are more particularly described in Exhibit "A," which is attached hereto and incorporated herein by this reference. 2.2 Contractor shall comply with all applicable federal, state and local laws and regulations in the performance of the Set-vices Including, but not limited, to all applicable Labor Code and prevailing wage laws and non-discrinn nation laws, including the Americans with Disabilities Act, Pursuant to Labor Code section F773-2, copies of the prevailing rates of per diem wa(-Yes as determined by the Director of the California Department of Industrial Relations for each craft. classification or type of worker needed to undertake the Services are oil file at City's Municipal Utilities and Engineering Department, located at the Civic Center, 35 Cajon Street, Suite 15A (Mailing: P.O. Box 3005), Redlands. California 92373. ARTICLE ,_3 - PERIOD OF SERVICE 3.i Contractor shall con-imence the Services upon City's delivery to Contractor of a written "Notice to Proceed," 3.2 Contractor shall complete the Services within five (5.) calendar days from and after the date of the City's issuance to Contractor ofthe Notice to Proceed. I 1:ca d1;j,j Agrectoentsicraig 8 Sons Extc Fill ino tion and hest ser"ice"A"'o ARTICLE 4 - PAYMENT AND NOTICE 4,1 City shall pay Contractor for the performance of the Services the sum of Seven Thousand Two Hundred Fifty Dollars ($7,250). 4, Payments by City to Contractor shall be made within thirty (30) days after Citv-s receipt and approval of Contractor's invoice, by warrant payable to Contractor. 43 All notices shall be made in writiru-, and shall be given by personal delivery or by mail, In Notices sent by mail shall be addressed as follows- City: Contractor, Chris Diggs Brian D. Swanston Municipal Utilities and Engineering Department Craig & Sons Termite & Pest City of Redlands Control Services, Inc. P,O. Box 3005 P.O. Box 9430 Redlands, CA 92373 Redlands, CA 921375 When so addressed, such notices shall be deemed given upon deposit in the United States mall; in all other instances, notices, bills and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices are to be given by giving notice pursuant to this section 4.3. ARTICLE 5 - INSURANCE AND INDEMNIFICATION 5,1 Contractor's Insurance to beI�rima�r , All insurance required by this Agreement shall be maintained by Contractor throughout Contractor's performance of the Services, and shall 4-- be primary with respect to City and non-contributing to any insurance or self-insurance maintained by City. 5,2 Workers' Compensation a�ndEm Lover's Liability=. Contractor shall secure and maintain Workers' Compensation and Employer's Liability insurance for its employees throughout the performance of the Services pursuant to Labor Code sections 37/00 and 1860, in an amount which meets statutory requirements., with an insurance carrier acceptable to City. 5.3 Hold Harmless and Indemnification. Contractor shall inderrinify, hold harmless and defend Cit-V and its elected officials, employees and agents frorn and against any and aft claims, losses and liability, including attorneys' fees. arising from injury or death to persons or damage to Property occasioned by any negligent or intentionally wrongful act or omission of Contractor, and ;its officers, employees and agents, in performing the Services. 5A Assignment. Contractor is expressly prohibited from assigning any of the work associated with the Services without the prior written consent of'Crtv. 1djm,Aarcernents-Erwa&Soils Extennination and fle4i`>cry ices,doc Comprehensive General Liability Insurance. Contractor shall secure and maintain in force throughout its performance of the Services comprehensive general liability insurance, with carriers acceptable to City, with rninurturn coverage of One Million Dollars (SI.000,000) per occurrence and Two Million Dollars (S-1.000,000) aggregate for public liability® property damage and personal injury. Citv shall be named as an additional insured and the insurance policy shall include a provision prohibiting rnodification of coverage Ili-nits or cancellation of the policy except upon thirty (30) days prior written notice to City. A certificate of insurance and endorsements shall be delivered to City prior to commencement of the Services. ,.6 Business Auto Liability Insurance. Contractor shall secure and maintain in force throughout its performance of the Services business automobile liability coveraue. i with i minimum limits of' One Million Dollars (SI,000,000) per occurrence. combined single In limit for bodily injury liability and property damage liability. This covera2 I e shall include all Contractor owned vehicles used for the Services. hired and non-owned vehicles, and employee non-ownership vehicles. City shall be named as an additional insured and the insurance policy shall include a provision prohibiting modification of coverage limits or cancellation of the policy except upon thirty (30) days prior written notice to City� A certificate of insurance and endorsements shall be delivered to City prior to commencement of the Set-vices. ARTICLE 6 - GENERAL CONSIDERATIONS 6.l In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to recover its reasonable attorneys' fees, including fees for the use of in- house counsel by a Party. 6 2 Contractor is, for all put-poses under this Agreement, an independent contractor with respect to the performance of the Services and not an employee ol'Crty. All personnel employed by Contractor to perform the Services are for its account only, and in no event shall Contractor or any personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of, City. Nothing in this agreement shall be considered to create the relationship of employer and employee In between the Parties. 63 Unless earlier terminated as provided for below, this Agreement shall terminate upon completion and acceptance of thea Services by City, 6A City may terminate: this Agreement for any reason, at any time at its sole discretion, upon one(1) calendar day prior written notice to Conti-actor, 6.5 Upon receipt of a termination notice. Contractor shall promptly discontinue all work associated with the Services. Contractor shall be compensated on a pro-rata basis for any Services completed Up until notice of termination. 3 dim Agree-nentsCnaip&Sons Fxwrmination ind lle�f Sovice­,Aoc 6,6 This Aureement, includino the exhibit incorporated by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein and any prior negotiations, proposals and agreements relating to the subject matter hereof-are superseded by this Agreement. Any amendment to this Agreement shall be in writing and approved by City and Contractor, 6 7 This Aoreement shall be ooverned by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, duly authorized representatives of the Parties have signed in confirmation of this Agreement. CITY OF REDLANDS CRAIG & SONS TERMITE & PEST CONTROL, INC: By: By; Tina T. Kundig Brian D. Swanston Finance Director / City Treasurer A 1'T1-,'S `: Sate lvwin. C1 =C I erk 4 1:ca dinn `,,gre­rnent; 3 &Sops F:terminatilin and PesS,,;­icc-�,doc EXHIBIT ('RAIG & SONS TER%M FFE & PES'FCONTR(A- INC. "All x--8.45;............ ........ ............. Redlands, Ca, 92375 1909) '35-1486 Fax 1'(909)793-8906 ,Jjk i�Widsoimd-vahooxonr S�­Ptember 211, 1-01 1 -iv 'nie city of Redlands 1), 0, Box 3005 Redlands, Ca. 92373 Atv ferry Zysek Re, Rodent Exclusion 955 ark rd Redlands, Ca 921M Dear %Mr. Zysek, Thank you for allowing Craig& Sons Termite & Pest Control, Inc. to provide vou with a bid fbir the rodent exclusion and clear,out services. Upon completion of the Initial inspection, we recommend the followm& * Tape off entryways and vents prior to clean out. * Remove and dispose the existing Pres card and insulation, 0 Vacuum the area using, an approved, "Hepa," filtering system. a Treat the area for Ectoparasites using, '­D,S,V," (NNISDS & Label Available) 0 Screen thirteen (13)) existing vents, * Re-place the insulation with new rolled insulation, Install a plank walkway over the insulation. Install four(4) bait stations around exterior—requires monthly follcnv up. Our bid to comolete this service is ` .295Q—We will add a small fee of$25 to the monthly service to -naintain the(4) bait stations, We have already filed a Certificate of insurance with the City of Redlands for our existing contract-' however, we have requested that a ne-N copy he sent tohe isk Manag tR I gerrept Division, directly from the Broker. please let us know if you have any questions and/or- concerns, We 'look forward to VIVOrkinu— with you. Sincerely, Briar. 1) S n t,,,I f