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HomeMy WebLinkAboutC-4572 - MA for Sewer Line Root Control ServicesMAINTENANCE AGREEMENT FOR SEWER LINE ROOT CONTROL SERVICES WITH PACIFIC SEWER MAINTENANCE CORP. THIS MAINTENANCE AGREE ENJ NT ( "Agreement" or "Contract ") is made and entered into as of this JVh day of LA-AAt , 2010, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation and Charter City ( "City"), and PACIFIC SEWER MAINTENANCE CORP., a California Corporation ( "Contractor"), whose principal place of business is 4008 Via Rio Avenue, Oceanside, California 92057 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 cant' on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City requires sewer main line maintenance to control sewer line root intrusion. C. City desires to engage Contractor to root foam sewer lines at various locations throughout the City for a total of 48,293 Lineal Feet ( "LF ") of 6 inch, 8 inch and 10 inch sewer lines ( "Project"). D. Contractor is familiar with the locations of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 30th day of June 2011, unless terminated earlier as set forth herein. 2. SCOPE OF WORK Contractor shall perform all the services described in the Scope of Work attached hereto as Exhibit A and incorporated herein by this reference ( "Services" or "Work'). As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class Work and Contractor is experienced in performing the Work contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the Work required hereunder and that all materials will be of good quality. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first -class fines performing similar Work under similar circumstances. Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project. 3. TIME OF PERFORMANCE Time is of the essence in the performance of Services under this Agreement and Contractor shall complete the Work within the time set forth in this Section. All Work shall be completed by JUNE 30TH, 2011. 4. COMPENSATION As full compensation for the performance and completion of the Project as required by the Scope of Work and Schedule of Billing Rates attached hereto as Exhibit A, City shall pay to Contractor and Contractor accepts as full payment the sum of Forty Thousand, Nine Hundred and Forty -Two Dollars and 56/100 ($40,942.56). Contractor shall not receive any additional compensation unless approved in advance by the City in writing. The City shall make progress payments as the Work proceeds based on Project Work completed. City shall pay Contractor no later than thirty (30) days after approval of invoice by City staff. 5. ADMINISTRATION This Agreement will be administered by the Utilities Department. Mike Lynch or his designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 6. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE 6.1 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 unless approved in advance by the City Administrator. 6.2 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 the highest professional standards. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 7. RESPONSIBILITY FOR DAMAGES OR INJURY 21 Page Y 7.1 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 subconcontractors, or its workers, or anyone employed by either of them. 7.2 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 the Contractor. 7.3 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, attorney's 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 Contract, any Work performed or Services provided under this Contract 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, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 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 attorney's fees in any action on or to enforce the terms of this Contract. 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 the Consultant. Services 7.4 Contractor shall perform all Project 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 31 Page private or public property damaged during the performance of the Project Work. 7.5 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. 7.6 The rights and obligations set forth in this Section shall survive the termination of this Contract. 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of the 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 express terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. 9. 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 the Contractor on the Project. 10. 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. The cost of such insurance shall be included in Contractor's bid. 1. Coverage and Limit Requirements. Workers' Compensation. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and employer's liability insurance with limits of at least one million dollars ($1,000,000) each type for Contractor's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. 41 Page b. General Liability. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements 9 they include any limiting endorsement that has not been first submitted to City and approved in writing. c. Automobile Liability. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the 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 vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. d. Builders Risk. For Contracts with Construction /Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss with limits equal to one hundred percent (100 %) of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and /or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 2. Other Insurance Provisions or Reauirements 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 an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this contract. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. b. General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: 5) Page i. City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or Services provided to the City. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. c. 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. d. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with 30 days notice of cancellation (except for nonpayment for which 10 days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for 30 days written notice to City of cancellation or nonrenewal, except for nonpayment for which 10 days notice is required.. e. Self- Insured Retentions. Contractor agrees not to self- insure or to use any self- insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self - insure its obligations to City. If contractor's existing coverage includes a self- insured retention, the self- insured retention must be declared to City. City may review options with the contractor, which may include reduction or elimination of the self- insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. 61 Page f. Timely Notice of Claims. Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. g. Waiver. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers, 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 and insurance clauses from each of its subcontractors. h. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. L 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. j. City's Remedies. City shall have the right to order the Contractor to stop Work under this Agreement and/or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. k. Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this agreement or any other agreement relating to the city or its operations limits the application of such insurance coverage. I. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Services under this or any other contract or agreement with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement as required in these 71 Page specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 11. SUBCONTRACTING City and Contractor agree that subcontractors may be used to complete the Work outlined in the Scope of Services provided the Contractor obtains City approval prior to the subcontractor performing any Work. Contractor shall be fully responsible to City for all acts and omissions of the subcontractors. Nothing in this Contract shall create any contractual relationship between City and 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. 12. 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 Contract. 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. 13. CONFLICTS OF INTEREST The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 14. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Contractor 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. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Mike Lynch Utilities Department ----------------------------------------------------------------------- - - - - -- �A Ft_ - - City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 -8915 Phone: 949 - 718 -3415 Fax: 949 -646 -5204 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Scott Gayman Pacific Sewer Maintenance 4008 Via Rio Avenue Oceanside, CA 92057 Phone: 760 - 908 -6277 Fax: 760- 754 -1723 15. TERMINATION 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 parry 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, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving 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 materials purchased in performance of this Agreement. 16. 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. 17. WAIVER A waiver by City of any term, covenant, or condition in the Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. n i_A 18. INTEGRATED AGREEMENT 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. 19. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services, the terms of this Agreement shall govern. 20. 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. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Agreement by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the Work is to be performed, and has taken into consideration these factors in submitting its Project Proposal and Scope of Work. 22. 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. 23. 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. 24. WARRANTY Contractor agrees that the Sanafoam Vaporooter@) II installed pursuant to this Agreement shall be covered by a three (3) year warranty as outlined in the Warranty Information, attached hereto as Exhibit B and incorporated in full by this reference. Warranty shall survive termination of this Agreement. 101Page IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: Aeonie ulvihill Assistant City Attorney 1 4010 ,� � `�o v CITY OF NEWPORT BEACH, A California Municipal Corporation By: D e Kiff City Manager ATTEST: CONTRACTOR: Pacific Sewer Maintenance By: By: Leilani I. Brown Scott Gayman City Clerk POAq President ,r iii By: Victoria Volmer o=- Secretary At,► r o Attachments: Exhibit A - Scope of Services and Schedule of Billing Rates Exhibit B - Warranty Information 111 Page April 14, 2010 IA P S M Paolfic sewer Maintennaof011 11 K 4008 Via No Ave, Ooeanside OA 92057 Phone (800) 292 -9927 Fax (780) 754 -1723 To: Teresa Moritz City of Newport Beach Re: Quote for Sewer Line Root Control Dear Teresa, Please accept this price schedule and scope of work attached. 8 inch pipe: $.84 per linear foot 10 inch pipe: $.96 per linear foot 12 inch pipe: $1.08 per linear foot. This quote is for all costs involved in the application of Sanafoam Vaporooter II to our sewer lines totaling 10,000 LF or more. Prices are good through June 30, 2&tO-' 10 ( We are a professional root control service with more than 30 years in business and have a history of work with the City of Newport Beach as well as surrounding cities and counties. Thank you for the opportunity to provide you with a quote. Scott Gayman President Pacific Sewer Maintenance (760) 908 -6277 PACIFIC SEWER MAINTENANCE 6" — 680 @$0.84 = $571.20 8" — 30,425 + 4,346 + 9,705 = 44,476 @ $0.84 = $37,359.84 10n — 3,137 @ $0.96 = $3,011.52 TOTAL = 48,293 LF @ $40,942.56 I.) History of Pacific Sewer Maintenance and sewer root control Pacific Sewer Maintenance Corp. is a family owned and operated corporation founded by Richard Gayman in 1973 and incorporated in 1979. Richard initially began the company to assist the developer of sewer root control, Mr. Fred Home, create a new and innovative process for applying his new product, Sanafoam "Vaporooter ". In 1972 Mr. Horne called on Mr. Gayman to help train agency personnel in proper handling and application of Vaporooter. While working with the crews in the field Mr. Gayman observed ways to improve the application method and equipment. He founded Pacific Sewer Maintenance (PSM) and often worked as a secondary crew for Mr. Horne and Arrigation Engineering supplying men and equipment needed for proper application, including one of the first privately owned hydraulic jetters. In working with the agencies Mr. Gayman found that many cities were still using older equipment and began using the hydro jet when the cities needed assistance. He quickly became known as the local specialist in hydro jetting and line cleaning with local sewer departments. It wasn't long before PSM was the specialist contractor for municipalities throughout the region branching into cleaning, televising and full time root control for many cities, including the City of Beverly Hills. By applying his field experience and his growing knowledge of the needs of the agencies Mr. Gayman soon began to explore the use of hydraulic jetters for sewer root control. These changes created a faster and more productive process as well as a safer working environment but he still had farther to go. An employee for Pacific Sewer Maintenance developed a prototype nozzle for the application of Vaporooter foam into sewer lines. This nozzle worked in two stages, the first stage allowed the jetter to carry the hose up the sewer line rapidly while clearing any problem areas and washing debris off the roots. The second stage allowed the foam to flow through a larger aperture in the front of the nozzle and filling the pipe and partially filling the laterals with Vaporooter foam. The method has been slightly refined over the years but the work of Mr. Gayman and Pacific Sewer Maintenance created sewer root control as it is today. Currently, Scott Gayman, son of Richard Gayman and grandson of Mr. Fred Home, is the CEO of Pacific Sewer Maintenance with 25 years of personal experience in sewer maintenance and sewer root control. PSM is staffed by trained and licensed crews whose job it is to make sure that the customer receives quality work and on time production. Pacific Sewer Maintenance currently has offices in Oceanside, Glendale and San Diego California. iPSMPACIFIC SEWER MAINTENANCE CORPORATION P.O. Box 229 w Visalia, CA 93279 (559) 651 -3050 • (800) 292 -9927 . Fax: (559) 651 -3052 wr.. . q) - •.n. r n" Contractor•a License number: 904921 California Pesticide Sassiness License number: 01778 -00000 Federal Department of Transportation namillber: 656153 California Motor Carrier number: CA 269772 Chemical root control agent used: Sanafoom Vaporcoter II USSPA Root Control Agent Registration Number: SPA 1015 -70 Calif. Root Control Prodnet Registration Number: CA 1015 -70AA Pollution Liability Insurance Carrier: Lloyda of London AM Best rating for Liability Insurance Carrier: A +15 Applicators working on this jab, California Applicator Licanse(s) and Certificates: t� t ►� i _ y Number- Exp: Attacbed: Copies of licenses Product Label, Info and MSDS Insurance Certificates Job References 15 State a Calaornia CONTRACTORS STATE LICENSE BOARD - - ACTIVE LICENSE ,,--,....904921 CORP PACIFIC SEWER MAINTENANCE CORP i. w. n...' C42 r'- 10131/2011 dpr CALIFORNIA DEPARTMENT OF PESTICIDE REGULATION 10011 STREET SACRAMENTO, CALFORNIA 95814 ISSUED: EXPI RES: December 3 1, 20 1 1 PEST CONTROL BUSINESS MAIN LICENSE LIONSF NO. 30513 Invalid if insurance an or qualified persons) lapse before mpiredon date. Mailing Address Business Location PACIFIC SEWER MAINTENANCE CORPORATION PACIFIC SEWER MAINTENANCE CORPORATION 4008 VIA RIO AVE 8244 W HILLSDALE CT OCEANSIDE, CA 92057 VISALIA, CA 93291 Wary- ,Ann Warmerdati; Director POST THIS LICENSE PROMINENTLY IN PUBLIC VIEW THIS LICENSE IS NOT TRANSFERABL —ANY CHANGE IN OWNERSHIP REQUIRES ANEW LICENSE ' ___ — ______ __ ____ ___ _.____..____._ ___—_—_______- -__—______ _______—_- __________________ 1. Please make sure the'information on your license is correct. 2. Notify us immediately of any changes to your business (e.g., name, address, insurance carrier or qualified person). 3. If you lose your license, then you may request a new one for a $20 fee. 4. Please refer to the license number located in the middle of the page when contacting us. 5. For more information, please contact us at (916) 4454038 or at <licensemail @cdpr.ca.gov >. Or you may write to Department of Pesticide Regulation Pest Management and Licensing Branch Licensing and Certification Program P.O. Box 4015 Sacramento, California 958124015 7 - _ — ...... .. -- umamn E, Gnapla18efihe Food aid AWwfiurol&&Mnresww.e.e.s..:_.M ...: A. ReWentlel, Industrial, and in1uu,na„al t. A(g Hare .'' a.RkWM Way n J.OIie�im�ah�egeardReeearch .Ram Agriculture �. I 1.A�,,AAat�y�eh E Forest P..Aquaac ICI n�g 7�'rrimpuun'�p:rilqq'nn t( f y�'gj alLlrk Fi6oiODriBbf ° r Q Regulatory H. Saea Treat meM J u LS096 V1 3011MV390 391MMAV 018 VIA 8004+ NV81V9 N 11059 M OWN Iva 990/1£!91 4003/10/10 a'JnOiDid, m'R'A 81188180 UVG aexaorl a0yd�lzdav am�RVna NOLLY'alO88 Bm�LL�8d 80.LNBIN.LaYd8ai01. �, r n EXHIBIT "B" P � PACIFIC SEWER MAINTENANCE CORPORATION IJ I., P.O. Box 229 . Visalia, CA 93279 (559) 651 -3050 . (800) 292 -9927 . Fax: (559) 651 -3052 Guarantee We guarantee to kill all the roots in every sewer line we treat and to eliminate main line stoppages caused by live tree roots. This guarantee applies to sewer stoppages caused by live tree roots. If a treated sewer plugs up and floods due to live tree roots during the guarantee period, we will re -treat that section, at our own expense, or remit to the customer 100% of the payment we received to treat that section of sewer. This choice is the prerogative of the customer - The decision of the customer as to the cause of the plug -up is binding. Period: We guarantee that any section of sewer line we treat will not plug up from live root intrusion and/or flood for a period of three years. The guarantee period begins on the date of treatment, and ends three years after the date of treatment . Re- treatments, performed at no charge in honor of the guarantee, do not extend the expiration date of the guarantee. Liability: Pacific Sewer Maintenance is fully insured, licensed, and certified to apply EPA- registered herbicides to sanitary sewers in compliance with State and Federal regulations. Pacific Sewer Maintenance accepts responsibility for any damage to aboveground vegetation. Exceptions: Guarantee is null and void if line is jet rodded, rather than mechanically rodded, to clean after treatment However, this guarantee will cover lines that are jet rodded due to stoppage. Guarantee does not cover lateral regrowth unless laterals are treated at the same time as the main line treatment. If area is very heavily wooded, guarantee will be reduced. Z'd £ZLLIGL-09L eoueuepoiN fames ogped d9L :ZL OL 9Z AV