HomeMy WebLinkAbout07 - Award of On-Call M/RSA to Provide Vector Control Services for City Facilities and GroundsQ SEW Pp�T
CITY OF
z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
May 9, 2023
Agenda Item No. 7
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Kevin Pekar, Parks & Trees Superintendent
kpekar@newportbeachca.gov
PHONE: 949-644-3069
TITLE: Award of On -Call Maintenance and Repair Services Agreement with
Animal Pest Management Services, Inc. to Provide Vector Control
Services for City Facilities and Grounds
ABSTRACT -
The City of Newport Beach (City) utilizes a contractor to provide On -Call Vector Control
Services. In an effort to continue the City's high level of service and to ensure vector -free
facilities and public grounds, staff issued a Request for Proposals (RFP) and conducted
a review and selection process. Staff recommends City Council award a five-year, on -call
agreement to Animal Pest Management Services, Inc. (APM) with a total not -to -exceed
amount of $275,000.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Approve On -Call Maintenance and Repair Services Agreement with Animal Pest
Management Services, Inc. for Vector Control Services for a term of five years and a
total not -to -exceed amount of $275,000, and authorize the Mayor and City Clerk to
execute the agreement.
DISCUSSION:
The Public Works Department is responsible for the maintenance of various City facilities
and surrounding grounds including the Civic Center and parking structure, Oasis Senior
Center, the Corporation and Utilities Yards, the Central Library and three branch libraries,
eight Fire Stations, Lifeguard Headquarters, Harbor Division buildings, City community
centers, and public restrooms at several beach and park locations, as well as public
grounds, such as parks, roadsides and open spaces.
7-1
Award of On -Call Maintenance and Repair Services Agreement
to Provide Vector Control Services for City Facilities and Grounds
May 9, 2023
Page 2
Early detection, diagnosis and treatment of pests, especially vector pests such as rats,
mice, ants, fleas, termites, gophers and other vectors is critical for the health and safety
of both the public and staff who either visit or work at these locations, as well as to try to
avoid physical damage to the facilities and/or grounds. To ensure safe, effective and quick
treatment, staff needs a contractor with specialized knowledge in Integrated Pest
Management (IPM) strategies, including early detection, diagnostic abilities, and the
usage of preventative treatments.
In order to ensure continued vector control services are available as needed, staff
published an RFP on January 25, 2023, soliciting competitive proposals for service.
Proposals were due February 8, 2023, and the City received four proposals out of
57 vector control firms that were notified. The evaluation panel consisted of the Public
Works Department staff members, who reviewed the proposals and evaluated each firm
on a combination of qualifications and experience. It was determined prior to evaluations
that technical qualifications would comprise 60% of the total score and cost would
comprise the remaining 40%.
Overall
Proposer
Technical
Cost
Total
Rank
Score
Score
Score
1
I Pest Management Services, Inc.
60.00
27.84
87.84
(PM)
2
Newport Exterminating, Inc.
54.00
29.84
83.84
3
Pestmaster Services, L.P.
58.00
24.08
82.08
4
Integrated Pest Control Management
54.67
12.26
66.93
APM received the highest aggregate score. APM possesses a California State
Contractor's License Classification "C-27", as required by the project specifications.
Additionally, APM employs personnel possessing a valid Pest Control Advisor's License,
a valid Qualified Applicator's License, as well as multiple Qualified Applicators. A review
of references for APM shows satisfactory provision of similar services for other local
municipalities. Additionally, APM currently provides the pest management services
requested in this contract for the City of Newport Beach, and staff has been pleased with
its customer service and quality of work. Other departments will have access to request
services for their specific sites, but all services would fall under one contract that the
Public Work Department would administer.
Staff recommends City Council award a five-year agreement to APM for On -Call Facilities
Related Vector Control Services, with a total not -to -exceed amount of $275,000. This
amount is consistent with the approximate citywide expenditures in the past year and
includes a 10 percent contingency should pest issues increase from this year's higher
than average rainfall.
7-2
Award of On -Call Maintenance and Repair Services Agreement
to Provide Vector Control Services for City Facilities and Grounds
May 9, 2023
Page 3
FISCAL IMPACT:
The adopted budget includes sufficient funding for this contract. Costs may be expensed
to accounts such as Maintenance and Repair Building (851016), Professional Services
(811008), and Fire Station Maintenance and Repair (851017 through 851024) in the
appropriate department's operating budget.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Agreement with APM
7-3
ATTACHMENT A
ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH ANIMAL PEST MANAGEMENT SERVICES, INC. FOR
BUILDING FACILITIES VECTOR MANAGEMENT SERVICES
THIS ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
("Agreement") is made and entered into as of this 25th day of April, 2023 ("Effective
Date"), by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ("City"), and Animal Pest Management Services, Inc, a
California corporation ("Contractor"), whose address is 13655 Redwood Court, Chino,
California 91710, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to perform on -call maintenance and/or repair
services for City ("Project").
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and/or repair services described in this
Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by City for the Project, is familiar with all
conditions relevant to the performance of services, and has committed to perform
all work required for the compensation specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on March 31, 2028, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Contractor shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
7-4
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Contractor shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Contractor to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein, not later than two (2) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall respond
in the most expedient and appropriate manner under the circumstances, by fax, hand -
delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Except as otherwise provided herein, no rate changes shall be made during
the term of this Agreement without the prior written approval of City. Contractor's
compensation for all Services performed in accordance with this Agreement, including all
reimbursable items, shall not exceed Two Hundred Seventy -Five Thousand Dollars
and 001100 ($275,000.00), without prior written amendment to the Agreement.
Animal Pest Management Services, Inc. Page 2 7-5
4.2 Upon the first anniversary of the Effective Date and upon each anniversary
of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall
be adjusted in proportion to changes in the Consumer Price Index, subject to the
maximum adjustment set forth below. Such adjustment shall be made by multiplying the
Billing Rates in Exhibit B by a fraction, the numerator of which is the value of the
Consumer Price Index for the calendar month three (3) months preceding the calendar
month for which such adjustment is to be made, and the denominator of which is the value
of the Consumer Price Index for the same calendar month immediately prior to Effective
Date. The Consumer Price Index to be used in such calculation is the "Consumer Price
Index, All Items, 1982-84=100 for All Urban Consumers (CPI-U)", for the Los Angeles -
Riverside -Orange County Metropolitan Area, published by the United States Department
of Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial
indices are published, the official index shall be used. If said Consumer Price Index is no
longer published at the adjustment date, it shall be constructed by conversion tables
included in such new index. In no event, however, shall the amount payable under this
Agreement be reduced below the Billing Rates in effect immediately preceding such
adjustment. The maximum adjustment increase to the Billing Rates, for any year where
an adjustment is made pursuant to this Section, shall not exceed the Consumer Price
Index or 2.0% of the Billing Rates in effect immediately preceding such adjustment,
whichever is less.
4.3 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
classification of employee who performed the Work, a brief description of the Services
performed and/or the specific task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.4 City shall reimburse Contractor only for those costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal, or specifically approved
in writing in advance by City.
4.5 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B
and the Letter Proposal.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Dan Fox to be its Project
Manager. Contractor shall not remove or reassign the Project Manager or any personnel
Animal Pest Management Services, Inc. Page 3 7-6
listed in Exhibit A or assign any new or replacement personnel to the Project without the
prior written consent of City. City's approval shall not be unreasonably withheld with
respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing by
the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a manner
commensurate with community professional standards and with the ordinary degree of
skill and care that would be used by other reasonably competent practitioners of the same
discipline under similar circumstances. All Services shall be performed by qualified and
experienced personnel who are not employed by City. By delivery of completed Work,
Contractor certifies that the Work conforms to the requirements of this Agreement, all
applicable federal, state and local laws and legally recognized professional standards.
8.3 Contractor represents and warrants to City that it has, shall obtain and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
Animal Pest Management Services, Inc. Page 4 7-7
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by City,
contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or its
subcontractors, or its workers, or anyone employed by either of them.
9.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the Work
of any subcontractor or supplier selected by Contractor.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate
(directly or indirectly) to any breach of the terms and conditions of this Agreement, any
Work performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Contractor's presence or activities conducted on
the Project (including the negligent and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable or any or all of them).
9.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Contractor.
9.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Work by Contractor or its agents.
Animal Pest Management Services, Inc. Page 5 7-8
9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Contractor, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. No civil service
status or other right of employment shall accrue to Contractor or its employees. Nothing
in this Agreement shall be deemed to constitute approval for Contractor or any of
Contractor's employees or agents, to be the agents or employees of City. Contractor
shall have the responsibility for and control over the means of performing the Work,
provided that Contractor is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Contractor as to the details
of the performance of the Work or to exercise a measure of control over Contractor shall
mean only that Contractor shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with Contractor on the Project.
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Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
:7_11!1540
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
Animal Pest Management Services, Inc. Page 6 7-9
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PREVAILING WAGES
Pursuant to the applicable provisions of the Labor Code of the State of California,
not less than the general prevailing rate of per diem wages including legal holidays and
overtime Work for each craft or type of workman needed to execute the Work
contemplated under the Agreement shall be paid to all workmen employed on the Work
to be done according to the Agreement by the Contractor and any subcontractor. In
accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination is
available by calling the prevailing wage hotline number (415) 703-4774 and requesting
one from the Department of Industrial Relations. The Contractor is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations, and the parties agree that the City shall not be liable for any violation thereof.
16. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Contractor, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or
joint -venture or syndicate or cotenancy, which shall result in changing the control of
Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
17. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Contractor shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
Animal Pest Management Services, Inc. Page 7 7-10
18. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Contractor or any
other party. Contractor shall, at Contractor's expense, provide such Documents to City
upon prior written request.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
20. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Contractor
under this Agreement. All such records and invoices shall be clearly identifiable.
Contractor shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Contractor shall 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 to Contractor
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his/her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
22. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
Animal Pest Management Services, Inc. Page 8 7-11
23. CONFLICTS OF INTEREST
23.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
23.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Contractor shall
indemnify and hold harmless City for any and all claims for damages resulting from
Contractor's violation of this Section.
24. NOTICES
24.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
24.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
24.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Dan Fox
Animal Pest Management Services, Inc.
13655 Redwood Court
Chino, CA 91710
25. CLAIMS
25.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Contractor shall submit to City,
in writing, all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
Animal Pest Management Services, Inc. Page 9 7-12
identified by Contractor in writing as unsettled at the time of its final request for payment.
Contractor and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Contractor shall be required to file any claim Contractor may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
25.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Contractor/Consultant to file a claim in strict
conformance with the Government Claims Act. To the extent that Contractor's claim is
not a "Claim" as defined in Public Contract Code section 9204 or any successor statute
thereto, Contractor shall be required to file such claim with the City in strict conformance
with the Government Claims Act (Government Code sections 900 et seq.).
26. TERMINATION
26.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
26.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Contractor has not been previously paid. On the effective date of termination, Contractor
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
27. LABOR
27.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor Standards
Act ("FLSA") (29 USCA § 201, et seq.).
27.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Animal Pest Management Services, Inc. Page 10 7-13
Contractor shall immediately give written notice to City, and provide all relevant
information.
27.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
27.4 To the fullest extent permitted by law, Contractor shall indemnify, defend,
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any applicable
federal, state and local labor laws or law, rules, and/or regulations. This obligation shall
survive the expiration and/or termination of the Agreement.
28. STANDARD PROVISIONS
28.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference.
28.2 Compliance with all Laws. Contractor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
Animal Pest Management Services, Inc. Page 11 7-14
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Animal Pest Management Services, Inc. Page 12 7-15
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By: cC
Aaron C. Harp 3 �13 . Z3 wc.
City Attorney
ATTEST:
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Noah Blom
Mayor
CONTRACTOR: Animal Pest
Management Services, Inc. , a
California corporation
Date:
By:
Leilani I. Brown Dan Fox
City Clerk Chief Executive Officer/
Chief Financial Officer/
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Animal Pest Management Services, Inc. Page 13 7-16
EXHIBIT A
SCOPE OF SERVICES
Animal Pest Management Services, Inc. Page A-1 7-17
SCOPE OF SERVICES
DUTIES AND RESPONSIBILITIES
0 INTENT
Contractor shall use integrated and targeted pest management strategies to provide
citywide designated monthly pest and rodent control services for City locations such as
(Civic Center, Community Centers, Fire Stations, Police Station, Parks, Libraries, and
other Facilities).
At the time of award and until completion of work, the Contractor must possess the
following License: Qualified Applicator License from California Department of
Pesticide Regulation
• DESCRIPTION OF PROJECT
e Contractor shall supply all supervision, labor, material, and equipment to provide
an environment free from, but not limited to, the following pests on a monthly
and as -needed basis
■ Mice, rats, rodents, cockroaches, general insects
o On an As -Needed basis, Contractor shall supply all supervision, labor, material,
and equipment to provide an environment free from, but not limited to, the
following pests:
■ Spiders
• Crickets, and other hoppers
■ Beetles, earwigs, sow bugs, silverfish and other crawling insects
• Fleas, ticks, and other biting insects
• Birds
• Wasps, hornets, bees, and other stinging insects nesting in the interior or
exterior (up to maximum height of two stories)
• Moths, flies, mosquitos, and other flying pests
■ Weevils and other food pests
• Ground squirrels, gophers, moles, other rodents
■ Coyotes
• Various animal trappings (skunks, racoons, opossums)
■ Flea Treatment of Police Department K-9
■ Termite Tenting
0
o The Contractor shall provide and service exterior rat and rodent bait boxes and general
insect and cockroach spraying once a month (unless indicated otherwise) for City
Buildings as determined by each City Division based on specific needs.
7-18
o Current Building/ Site List
o
Civic Center and Parking Structure
o
City Libraries x 4
o
Fire Station x 8
o
Municipal Yards x 2
o
Parks Facilities
o
Police Department
o
Public Restrooms
o
Recreation Facilities
o
Lifeguard Facilities
o
Harbor Division Buildings
o Current Park Site List (subject to additions)
o
Oasis Senior Center
o
Channel Place Park
o
Westcliff Park
o
Back Bay View Park
o
Balboa Pier
o
CDM State Beach
o
Civic Center Nature Walk
o
Cliff Drive Park
o
Old School Park
o
Newport Shores Park
o
Harbor View Nature Park
Other Provisions:
• Invoices will be sent monthly by City Division with a detailed list of locations and
services rendered.
o City Divisions
■ Facilities
■ Parks
■ Recreation
■ Libraries
■ Fire
■ Police Department
■ Utilities
• Upon completing any additional services, the Contractor must complete a service ticket
and obtain the signature of a designated individual in the serviced City Department.
• All contractor personnel working in or around City Facilities shall wear distinctive
uniform clothing and identification.
• Should the scheduled services not be totally effective, the contractor shall be required
to provide the necessary services at alternate times agreeable to the City, at no
additional cost, and should be handled within 24 hours of notification.
7-19
• Contractor shall post warning signs in the immediate area to be treated at least 24 hours
prior to any non recurring application. Warning signs must indicate the type of product
and date of application. Warning signs shall remain posted until at least 72 hours after
the application. Postings must meet all Federal, State of California, and local
requirements.
• WORKING HOURS
o Normal working hours shall be within a nine (9)-hour day between the hours
of 7:00 a.m. and 4:00 p.m., Monday through Friday.
• QUALITY OF WORK AND MATERIALS
o All material and equipment furnished by the Contractor shall be high grade,
and free from defects and imperfections, unless otherwise hereinafter
specified. Workmanship shall be in accord with the best standard practices.
Both materials and workmanship shall be subject to the approval of the
Project Administrator.
• SUPERVISION OF CONTRACT
o All work shall meet with the approval of the Project Administrator. There
shall be a minimum of one monthly meeting with the Contractor and the City
representative to determine progress and to establish areas needing
attention.
o Any specific problem area, which does not meet the conditions of the
specifications set forth herein, shall be called to the attention of the
Contractor and if not corrected, payment to the Contractor will not be made
until condition is corrected in a satisfactory manner as set forth in the
specifications.
• SPECIFICATIONS
o These specifications are intended to cover all labor, material and standards
of workmanship to be employed in the work called for in these specifications
or reasonably implied by terms of same. Work or materials of a minor nature
which may not be specifically mentioned, but which may be reasonably
assumed as necessary for the completion of this work, shall be performed by
the Contractor as if described in the specifications.
• RECORDS
o The Contractor shall keep accurate records concerning all of his/her
employees or agents. The Contractor shall provide this information in an
organizational chart as changes in staffing occur. Additionally, the Contractor
7-20
shall provide the City with names and telephone numbers of emergency
contact employees.
o The Contractor shall complete a monthly maintenance report indicating work
performed and submit this completed report to the Project Administrator.
This report should also contain a description, including man-hours,
equipment, and any additional work which the Contractor deems to be
beyond the scope of the contract and which has been approved by the City in
accordance with the Agreement. Payment for any extra work will not be
authorized unless the additional work and costs thereof are first approved in
writing by the City in accordance with the Agreement.
o The Contractor shall permit the City to inspect and audit its books and records
regarding City -provided services during regular business hours.
• CONTRACTOR'S OFFICE
o The Contractor shall maintain a local office with a competent representative
who can be reached during normal working hours or emergencies. This
person should be someone authorized to make decisions on matters
pertaining to this contract with the City and must be able to respond to calls
within 24hrs.
0 SCHEDULES
o The Contractor has been provided the maximum latitude in establishing work
schedules, which correspond to its manpower and equipment resources. The
Contractor has also been provided the opportunity and procedure for adjusting
those schedules to meet special circumstances. Therefore, all work shall be
completed on the day scheduled, as shown on the weekly schedule.
• SAFETY REQUIREMENT
o All work performed under this contract shall be performed in such a manner
as to provide maximum safety to the public and where applicable, comply
with all safety standards required by CAL -OSHA. The Project Administrator
reserves the right to issue restraint or cease and desist orders to the
Contractor when unsafe or harmful acts are observed or reported relative to
the performance of the work under this contract. All contractor vehicles shall
have a "W.A.T.C.H." Work Area Traffic Control Manual at all times.
o The Contractor shall maintain all service areas free of hazards to persons
and/or property resulting from his/her operations. Any hazardous condition
7-21
noted by the Contractor, which is not a result of his/her operations, shall be
immediately reported to the Project Administrator.
• MAINTENANCE AND TECHNICAL RESPONSIBILITIES
o The City shall maintain all documents that pertain to the use of pesticides on its
property.
o Contractor shall provide the Project Administrator with all of the following in paper
and electronic format:
■ A copy of Contractor's Orange County Agricultural Commissioner's
"Restricted Materials Permit/Operator I.D. numbers".
■ A written "Pest Control Recommendation" for each site before Contractor
uses any pesticide. Recommendation shall include a label and Material
Safety Data Sheet for the pesticide proposed. Each complete set of
recommendations shall be submitted in a binder (provide two (2) bound
copies).
■ A "Pesticide Use Daily Record" for any site that a pesticide was used, within
twenty-four (24) hours of application. Total amounts of pesticides applied
shall be submitted weekly.
■ A weekly schedule indicating locations to be treated. If a restricted
pesticide is going to be used, a copy of the "Notice of Intent To Use
Restricted Materials", must be submitted twenty-four (24) hours before
application.
■ An annual proposed pesticide list including the Environmental Protection
Agency numbers and caution level of all the pesticides Contractor intends
to use for this contract, before any such use.
o A full-time Pest Control Operator will be assigned to the contract to apply all
pesticides with a State of California Qualified Applicators License.
o The Contractor shall not use any pesticide that has not been authorized by the Project
Administrator in writing.
o The Contractor shall post all applications in areas accessible by the public. The
operator shall be present on treated sites until spray is dry, at which time
postings shall be removed.
o The City recommends use of alternative IPM strategies to treat pest issues,
when applicable.
• SDS REQUIREMENTS
7-22
o The Pesticide Contractor will provide a completed SDS (Safety Data Sheet) for
hazardous substances as required by labor code sections 6832 and 6390, General
Industrial Safety Order section 5194 and Title 8, California Administrative Code. MSDS
sheet for each specified item shall be sent to place of shipment. Additionally, all MSDS
for product supplied by Contractor are to be mailed to The Project Administrator.
o The Contractor shall maintain a set of the contract documents at the project site at
all times. The Contractor will supply written recommendation for all pesticides,
herbicides and chemicals for rodent treatment applied within the City. The Contractor
or his representative must have in their possession MSDS safety sheets for the
product that is being applied and a pest control recommendation written by a person
licensed by the State of California, Department of Pesticide Regulations.
• LICENSES AND PERMITS
o The Contractor shall, prior to submitting bid and during contract period, possess all
licenses and permits required for the performance of the work required by this
contract. Contractor must possess a Business License for Pest Control and must
possess or employ person(s) possessing a valid Pest Control Advisers License in the
appropriate category (A, B, D, E & G) and a valid Qualified Applicators License in the
appropriate category (A, B, C & F). In addition, all persons performing pest control and
handling pesticides shall possess a valid Qualified Applicator Certificate in the
appropriate category. The classification of the Contractor's license in the company's
name required in the performance of this contract is a C-27.
o Contractor is to submit a copy of this license with bid documents.
o No bid shall be considered if received from a Contractor who, at the time the bids are
opened, is not licensed to contract for this project in accordance with the law under
provisions of Division 3, Chapter 9, of the Business and Professions Code of the State
of California. In the event of a dispute as to the classification of the license required,
the opinion of the Contractor's State License Board shall prevail. This requirement
shall not be waived.
o All vehicle operators shall have a valid State of California driver's license for the class
of vehicle being operated.
o The Contractor shall have a valid City of Newport Beach business license prior to
starting work.
o The Contractor is to provide a copy of all licenses required, with the Bid Documents.
• PESTICIDE AND RODENT CONTROL SPECIAL PROVISIONS
o General Pesticide Application and Rodent Control - Pesticide application and rodent
control shall be performed in all City owned or controlled parks, parkways, streets,
sidewalks, alleyways, vacant lots, embankments, facilities, parking lots, drainage
7-23
ditches or channels, freeway underpasses, easements or right-of-ways to keep weed,
pest or rodent populations to a minimum.
o Guarantee and/or Replacement Policy -Existing plants shall be replaced by Contractor
if they die due to Contractor's negligence. All replacement plants shall be inspected
and approved by City prior to installation. All landscape improvements or repairs shall
conform to the City of Costa Mesa Landscape Specifications and Details.
o Irrigation Repairs and Scheduling - Damages caused by the contractor shall be the
responsibility of the contractor to repair within 24 hours of occurrence, self-discovery
or notification by the City. All replacement parts and materials are to be same type
and model as original installation, unless a substitute is approved by City
representative. Failure to do so will result in City staff performing the repair and
recouping of costs through deduction from monthly payments. In addition, a
performance deficiency notice will be issued to the contractor. The City shall be
responsible for the programming of all irrigation controllers.
o The contractor shall submit a detailed schedule of areas to be treated, listing specific
dates and times so irrigation systems can be adjusted to accommodate the work.
• PESTICIDE USE SPECIFICATIONS
o Any pesticide applications are to be made by or under the supervision of a person
holding a valid license, permit or certificate issued pursuant to applicable State or
local law or regulation. Said person or company is to be currently registered to
conduct a pest control business in the State of California and the County of Orange.
o Pesticide applications are to be made in strict compliance with the label directions,
restrictions, and precautions as well as with any other requirements deemed
necessary by any county, state or federal regulatory agency, or the Public Works
Department of the City of Newport Beach.
o Prior to the beginning of the contract period, the Contractor shall be provided with a
list of all proposed chemicals to be used in the fulfillment of said contract. Labels and
Material Safety Data Sheets for all listed chemicals shall be supplied at this time.
Copies of applicable Pest Control Advisor and Qualified Applicator Licenses shall be
submitted, as well as documentation of County registration. All above -mentioned
items shall be resubmitted in January of each year in which the Contract is in effect.
o City shall be notified in writing of any changes or deviations from the above
mentioned list.
o Application of deviated materials shall not be made prior to approval by the City.
o Prior to the application of Category I or restricted use pesticides, written notice must
be given to the City for consent. A five working day notice in writing shall be given to
the City prior to any pesticide application. Notice shall include; name of chemical,
area, rate and method of application, and time of day.
7-24
• REQUIRED REPORTS
o Contractor shall be responsible for the filing of all required records and reports,
including but not limited to Notice of Intent to Apply, and Pesticide Use Reports, as
specified by all county, state and federal agencies. Said reports shall contain accurate
and valid information. Copies of all records and reports shall be submitted to the City
monthly, with the exception of the Notice of Intent to apply, which shall be submitted
prior to application of pesticide.
o Contractor shall record and maintain accurate records of all pesticide applications.
Records to include date, time of day, location, type of chemical, quantity chemical,
method of application, and environmental data.
o A pest monitoring report for each site shall be submitted to the City by the first day
of each month. This report shall include the site number, date, identification, extent,
and location of pest problems (if any), record of previous control measures, name of
inspecting personnel, and proposed control measures if deemed necessary.
o The City shall be notified verbally within 48 hours and in writing within 5 working days
of any new pest problems previously unreported and observed by the Contractor.
• RODENT CONTROL
o Contractor shall be responsible for the eradication and control of all rodents, as
necessary, on a continual basis. All mounds, burrows, or other damage shall be
repaired by Contractor as required by City. Failure to successfully manage pests will
result in City performing work and deducting cost from monthly payments. The
Contractor shall provide all chemicals for rodent control. Costs shall be included in
the hourly rate for the application for this material.
7-25
EXHIBIT B
SCHEDULE OF BILLING RATES
Animal Pest Management Services, Inc. Page B-1 7-26
.. :
BILLING RATES
Rate includes all applicableItem
time and installation and any ..
Rat / Mice bait box Installation
Per Box
$6.50
Rat / Mice bait box monthly service
Per Box
$5.00
Rat / Mice bait box bi-monthly service
Per Box
$5.00
General Insect and Coackroaches
Minimum Service call price
$65.00
Spraying
General Insect and Coackroaches
Per 1000 Linear Ft
$30.00
Monthly Service
General Insects and Cockroaches
Minimum Service call price
$65.00
Wasps
Minimum Service call price
$125.00
Termites
Minimum Service call price
$65.00
Gophers
Minimum Service call price
$50.00
Ground Squirrels
Minimum Service call price
$50.00
Voles
Minimum Service call price
$50.00
Moles
Minimum Service call price
$50.00
Mosquito Control
Minimum Service call price
$65.00
Live Animal Trapping (Skunks, Racoons,
Per Trap installed
$50.00
Opossums)
Live Animal Trapping (Skunks, Racoons,
Per Trap daily Service
$50.00
Opossums)
Coyotes
Minimum Service call price
$2,750.00 per 10-Day
Trapping
Rabbits
Minimum Service call price
$200.00
Bird Capture/ Netting
Per Instance
As quoted per
instance
Termite Tenting
Per Instance
As quoted per
instance
7-27
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
Animal Pest Management Services, Inc. Page C-1 7-28
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Pollution Liability Insurance. If required, Contractor shall maintain a policy
providing contractor's pollution liability ("CPL") coverage with a total limit of
liability of no less than one million dollars ($1,000,000) per loss and two
million dollars ($2,000,000) in the aggregate per policy period. Claims -
made policies require a 5-year extended reporting period. The CPL policy
shall include coverage for cleanup costs, third -party bodily injury and
property damage, including loss of use of damaged property or of property
that has not been physically injured or destroyed, resulting from pollution
conditions caused by contracting operations. Coverage as required in this
paragraph shall apply to sudden and non -sudden pollution conditions
resulting from the escape or release of smoke, vapors, fumes, acids, alkalis,
toxic chemicals, liquids, or gases, waste materials, or other irritants,
contaminants, or pollutants. The CPL shall also provide coverage for
transportation and off -Site disposal of materials. The policy shall not
contain any provision or exclusion (including any so-called "insured versus
insured" exclusion or "cross -liability" exclusion) the effect of which would be
to prevent, bar, or otherwise preclude any insured or additional insured
under the policy from making a claim which would otherwise be covered by
such policy on the grounds that the claim is brought by an insured or
additional insured against an insured or additional insured under the policy.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
Animal Pest Management Services, Inc. Page C-2 7-29
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Contractor shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Animal Pest Management Services, Inc. Page C-3 7-30
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Contractor's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Contractor or reimbursed
by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Animal Pest Management Services, Inc. Page C-4 7-31