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HomeMy WebLinkAboutAgenda Report - December 18, 2019 C-14AGENDA ITEM c-4 Crry or Lour CouNcrr-, CoInMUNICATIoN TM AGENDA TITLE: MEETING DATE: PREPARED BY: Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Orkin Services of California, lnc., of Atlanta, Georgia, for Squirrel Abatement ($78,000) December 18,2019 Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute professional Services Agreement with Orkin Servíces of California, lnc., of Aflanta, Georgia, for squirrel abatement, in the amount of $7g,000. BACKGROUND INFORMATION: The White Slough Water Pollution Control Facility (WSWPCF) is located on 1,040 acres, of which 880 acres consist of agricultural lands. The agricultural land is irrigated by approximatety tS miles ofearthen irrigation ditches delivering reclaimed wastewater to corn, alfalÌa, wheãt, and rye fodáer crops. Because of the agricultural setting, WSWPCF has ongoing problems with squirrel activity within the pond levees and irrigation ditches. The burrowing and tunneling systems created by the squir-rels weaken thelevees and ditches causing leaks and instability. Without óonstant abatement, tne sqüirrel populationgrows uncontrollably. The scope of work inglude¡ weekly service over the contract term of three years, with a not-to-exceed amount of $78,000. Bids for the service were requested from three local fiims, with Orkin Services ofCalifornia submitting a price that is substantially lower than the other bids. Staff recommends authorizing City Manager to execute Professional Services Agreement with OrkinServices of California, lnc., of Atlanta, Georgia, for squirrel abatement, in the amãunt of $ZS,OOO. FISGAL IMPAGT: The City's irrigation conveyance systems and pond levee systems are critical elements in the Wastewater treatment process. Maintaining sound levees and ditches reduces the probability for ditch and levee failuies, which could result in substantial repair costs and potential violations from the State Water Resource Control Board. This project does not impact the General Fund. FUNDING AVAILABLE: wastewater operations (s30s3003.724s0)- $7B,0oo Andrew Deputy City Manager/lnternal Services Director Charles E. Swimley, Jr Public Works Director Prepared by Lance Roberts, Utilities Manager CES/LFl/trw Attachment APPROVED RiGROUP\ADMIN\Councit\201 9\l 21 8201 9\Orkin\CC Orkin.doc Stephen Manager 12111t2019 AGREEMENT FOR PROFESSIONAL SERVICES Section 1.1 Parties ARTICLE 1 PARTIES AND PURPOSE THIS AGREEMENT is entered into on ______ , 2020 , by and between the CITY OF LODI , a municipal corporation (hereinafter "CITY"), and ORKIN SERVICES OF CALIFORNIA, INC., a Delaware corporation , qualified to do business in Cal ifornia (hereinafter "CONTRACTOR"). Section 1.2 Purpose CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services , Exhibit A , attached and incorporated by this reference . CITY wishes to enter into an agreement with CONTRACTOR for squirrel abatement at White Slough Water Pollution Control Facility (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY . ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of Services CONTRACTOR, for the benefit and at the direction of CITY , shall perform the Scope of Services as set forth in Exhibit A. Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement , upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2 .6 , whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services . CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services . CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames . The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR 's contract performance period . Also , any delays due to weather , vandalism , acts of God , etc., shall not be counted . CONTRACTOR shall 1 remain in contact with reviewing agencies and make all efforts to review and return all comments . Section 2.3 Meetings CONTRACTOR shall attend meetings as may be set forth in the Scope of Services . Section 2.4 Staffing CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY . The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing . CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original , additional and replacement personnel at CITY 's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change . CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein . CONTRACTOR represents that it has , or will have at the time this Agreement is executed , all licenses , permits , qualifications , insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall , at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications , insurance and approvals , and shall indemnify , defend and hold harmless CITY against any costs associated with such licenses, permits , qualifications, insurance and approvals which may be imposed against CITY under this Agreement. Section 2.5 Subcontracts Unless prior written approval of CITY is obtained , CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Section 2.6 Term The term of this Agreement commences on January 1, 2020 and terminates upon the completion of the Scope of Services or on December 31, 2022 , whichever occurs first. 2 Section 3.1 Compensation ARTICLE 3 COMPENSATION CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal , attached hereto as Exhibit B and incorporated by this reference. CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY . Section 3.2 Prevailing Wage The Contractor agrees to conform to the provisions of Chapter 1, Part 7, Division 2 of the Labor Code . The Contractor and any Subcontractor will pay the general prevailing wage rate and other employer payments for health and welfare , pension , vacation , travel time , and subsistence pay , apprenticeship or other training programs . The responsibility for compliance with these Labor Code requirements is on the prime contractor. Section 3.3 Contractor Registration -Labor Code §1725.5 No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless reg istered with the Department of Industrial Relations pursuant to Labor Code sect ion 1725 .5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations . Section 3.4 Method of Payment CONTRACTOR shall subm it invoices for completed work on a monthly basis , or as otherwise agreed , providing , without limitation , details as to amount of hours , individual performing said work , hourly rate , and indicat ing to what aspect of the Scope of Services said work is attributable. CONTRACTOR 's compensat ion for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.5 Costs The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services . Payment of additional reimbursable costs considered to be over and above those inherent in the orig inal Scope of Services shall be approved in advanced and in writing , by CITY. Section 3.6 CAB 626) Public Contract Code Section 9204-Public Works Project Contract Dispute Resolution Procedure 3 Section 9204 of the California Public Contract Code (the "Code ") provides a claim resolution process for "Public Works Project " contracts , as defined , which is hereby incorporated by this reference , and summarized in the following : Definitions: "Claim " means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested , for one or more of the following: (A) A time extens ion, including , without limitation , for relief from damages or penalties for delay assessed by the City under a contract for a Public Works Project. (B) Payment of money or damages arising from work done by , or on behalf of, a contractor pursuant to a contract for a Public Works Project and payment for which is not otherwise expressly provided or to which a claimant is not otherwise entitled . (C) Payment of an amount that is disputed by the City . "Public Wo rks Project" means the erection , construction , alteration , repair , or improvement of any publ ic structure , building , road , or other public improvement of any kind. Claim Resolution Process: (1) All Claims must be properly submitted pursuant to the Code and include reasonable documentation supporting the Claim. Upon receipt of a Claim, the City will conduct a reasonable review , and with in a period not to exceed 45 days , will provide the claimant a written statement identifying the disputed and undisputed portions of the Claim. The City and contractor may , by mutual agreement , extend the time periods in which to review and respond to a Claim. If the City fails to issue a written statement , paragraph (3) applies . Any payment due on a portion of the Claim deemed not in dispute by the City will be processed and made within 60 days after the City issues its written statement. (2) If the claimant disputes the City 's response , or if the City fails to respond to a Claim within the time prescribed in the Code , the claimant may demand in writing , by registered mail or certified mail , return receipt requested , an informal conference to meet and confer for settlement of the issues in dispute , which will be conducted within 30 days of receipt. If the Claim or any portion thereof remains in dispute after the meet and confer conference, the City will provide the claimant a written statement , within 10 business days , identifying the remaining disputed and undisputed portions of the Claim . Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after the City issues its written statement. Any disputed portion of the Claim , as identified by the contractor in writing , shall be submitted to nonbinding mediation , as set 4 forth in the Code , unless mutually waived and agreed , in writing , to proceed d irectly to a civil action or binding arbitration , as applicable. (3) A Claim that is not responded to within the time requirements set forth in the Code is deemed rejected in its entirety . A Claim that is denied by reason of such failure does not constitute an adverse f inding with regard to the merits of the Claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by the Code will bear interest at 7 percent per annum . (5) Subcontractors or lower tier subcontractors that lack legal standing or privity of contract to assert a Claim directly against the City, may request in writing , on their behalf or the behalf of a lower tier subcontractor, that the contractor present a Claim to the City for work performed by the subcontractor or lower tier subcontractor. The request shall be accompanied by reasonable documentation to support the Claim . Within 45 days of receipt of such written request , the contractor shall notify the subcontractor in writing as to whether the contractor presented the Claim to the City and , if the original contractor did not present the Claim , provide the subcontractor with a statement of the reasons for not having done so . The Claim resolution procedures and timelines set forth in the Code are in addition to any other change order , cla im, and dispute resolution procedures and requ irements set forth in the City contract documents , to the extent that they are not in conflict with the timeframes and procedures the Code . Section 3. 7 Auditing CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request , CONTRACTOR agrees to furnish CITY, or a designated representative , with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate w ill have the right to review , obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises , upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books , records , accounts , and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. 5 ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement , CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race , color, religion , sex , sexual orientation, marital status , national origin, ancestry , age , or any other criteria prohibited by law . Section 4.2 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto , as well as all applicable regulations and guidelines issued pursuant to the ADA Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses , and expenses (including reasonable attorney 's fees and costs), arising out of performance of the services to be performed under this Agreement , provided that any such claim , damage , loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR , any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them , or anyone for whose acts they may be liable , except those injuries or damages arising out of the active negligence , sole negligence, or sole willful misconduct of the City of Lodi , its elected and appointed officials, directors, officers, employees and volunteers . CITY may , at its election , conduct the defense or participate in the defense of any claim related in any way to this indemnification . If CITY chooses at its own election to conduct its own defense , participate in its own defense , or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto , including without limitation reasonable attorney fees and costs . The defense and indemnification obligations required by this Agreement are undertaken in addition to , and shall not in any way be limited by the insurance obligations set forth herein . Section 4.4 No Personal Liability Neither the City Council , nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. 6 Section 4.5 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 Insurance Requirements for CONTRACTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference . Section 4. 7 Successors and Assigns CITY and CONTRACTOR each bind themselves , their partners , successors , assigns , and legal representatives to this Agreement without the written consent of the others . CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY . Consent to any such transfer shall be at the sole discretion of CITY . Section 4.8 Notices Any notice required to be given by the terms of th is Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery , postage prepaid , or three (3) days from the time of mailing if sent by first class or certified mail , postage prepaid , addressed to the respective parties as follows : To CITY : City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn : Lance Roberts To CONTRACTOR: Orkin Services of California , Inc. 1030 Riverside Parkway , Suite 155 West Sacramento , CA 95605 Attn : Charles Melvin Section 4.9 Cooperation of CITY CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services. Section 4.10 CONTRACTOR is Not an Employee of CITY CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement , it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY . CITY shall not direct the work and means for accomplishment of the services and work to be performed hereunder. CITY , however, retains the right to 7 require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof. Section 4.11 Termination CITY may terminate this Agreement , with or without cause, by g1v1ng CONTRACTOR at least ten (1 0) days written notice . Where phases are anticipated within the Scope of Services , at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY . However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement. Section 4.12 Confidentiality CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement , except to the extent otherwise required by law or permitted in writing by CITY . CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential " or "Proprietary ", except to the extent otherwise required by law or permitted in writing by CONTRACTOR CONTRACTOR acknowledges that CITY is subject to the California Public Records Act. Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees This Agreement shall be governed by the laws of the State of California . Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws , such part shall be inoperative , null, and void insofar as it is in conflict with said laws , but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement , the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney 's fees from the party who does not prevail as determined by the San Joaquin County Superior Court. Section 4.14 City Business License Requirement CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01 .020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. 8 Section 4.15 Captions The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. Section 4.16 Integration and Modification This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein . No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties . Section 4.17 Contract Terms Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.18 Severability The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.19 Ownership of Documents All documents, photographs, reports, analyses, audits , computer media , or other material documents or data , and working papers , whether or not in final form , which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request , CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR 's regular business hours. Upon termination or completion of services under this Agreement, all information collected , work product and documents shall be delivered by CONTRACTOR to CITY within ten (1 0) calendar days . CITY agrees to indemnify , defend and hold CONTRACTOR harmless from any liability resulting from CITY 's use of such documents for any purpose other than the purpose for which they were intended . Section 4.20 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Federal Transit Funding Conditions D If the box at left is checked , the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exhibits , and the Federal Transit Funding Conditions , the Federal Transit Funding Conditions will control. 9 Ill Ill Ill IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTEST: JENNIFER M. FERRAIOLO City Clerk APPROVED AS TO FORM : JANICE D. MAGDICH , City Attorney By :----------------------~-+ ~ Attachments: Exhibit A-Scope of Services Exhibit B -Fee Proposal Exhibit C -Insurance Requirements CITY OF LODI, a municipal corporation STEPHEN SCHWABAUER City Manager ORKIN SERVICES OF CALIFORNIA, INC., a Delaware corporation By: ______________________ __ Name : CHARLES MELVIN Title: Branch Operations Manager Exhibit D -Federal Transit Funding Conditions (if applicable) Funding Source: 53053003.72450 (Business Unit & Account No.) Doc ID :R:\GROUP\AOMIN\Councii\2019\12182019\0rkin\PSA.doc CA:Rev.02.2017 10 ~ •. PRECIS ION~ ~ PROTECTION ¥ Prepare d For City Of Lodi September 4, 2019 Reid Siewert Or k i n Commercial Services Phone : (209) 596-3140 Email: rs iewe r @orkin .com Exhibit AlB © 2019 Orkin , LLC CUSTOMER INFORMATION BUSINESS INFORMATION City Of Lodi White Slough WPCF II ,, II 12751 North Thornton Road Lodi CA 95242 Kenneth Capitanich (209) 333-6832 kcapitanich@lodi .gov Governmen t BILLING INFORMATION 1331 South Ham Lane Lod i CA 95242-3995 Kenn et h Cap i tan ich (209) 333 -6832 kca p itan ich @lod i.gov Page 2 of 10 © 20 19 Ork in , LLC ORKIN : PEST CONTROL DOWN TO A SCIENCE. Founded tn 1901, Atlanta based Ork i n , LLC serves more than 1.7 million clients thro ugh more than 400 locatiOns across the world We'd like to put our century of pest research and real -world results to work for you . Our goal ts to get to know your property inside and out, c u stomtze an Integrated Pest Ma gem ent IIPM J program to fit your n ee d s, and mtegrate se m l essly rn to you r t eam - so you can breat h e easier when tt comes to pest control WHY CHOOSE ORK IN AS YOUR PARTNER ? Our ommerCidl n::.t Spe t.l l b :. have exte e p rien c and reL e tv 1 world c la s s t rdtrltng ·o they unde rst and the untque h 1ll e ng es yo u f ac e • National exp e rtis e rve partner wtth you and pr ovr a u nrt v II d ac cess to our t u ce •o help solve pest p r o ll lem • R p i d , e ff ectrve r espo n se Bee u e pest J.H ool ms c an occ.ur at a ny t rme, we pr ov td e to help ensure your est a blrstlm nt 1, p r o tP c.:te d . • Bre dth and depth of e p erie n ce l rr l.v nmttrPent and conststent " t ro n w tde tandlllg re'iulh no matter where you are • Secunty and clll IO 1 y lrll 'P It< 110 allay u t•y cor ce•n5 Page 3 of 10 © 2019 Orkin, LLC ORKIN: PEST CONTROL DOWN TO A SCIENCE. OUR A.I .M. ~APPROACH TO PEST PREVENTION Environmental Commitment Effect ive pest ma n ge m ntIS a ro c ss n o t a one-time event Throug h our IPM ap r o c h , wh1ch we call A.I.M., we 1 e n tl y the best program for your n eed s based on sc i e ntif ic rese r c h and custom solutions. Our methods com bi ne a coli bar t 1ve and ongoing cycle o f t h re e cri tl ac t1 vt t1es , so you can rest assured that your bu s m sIS ge tting m 1mum p ro ec tto n w i t h mm1mu rn e posure Assess F1rst we 1nspect, Identify and eval u e all the u nd rly m g r eas ons pests mfest your est bh s hment. Your Orkm o mmerc1al Pest S 1 h st co n t m u ally works ith you t o v lo cust omtzed solutions that su1t your est a b lls m nt's umque needs. Monitor Ye r ro d mont onng docume n t t 1on and com m unt c t1 o n h lp ensure the ongom ffe c t tv ness of your serv 1ce ORKIN PRECISION PROTECTION Alter more than a centu y n business. there IS almost no envtronment e haven't wor lo.e I ~ and almost no pest we 11aven t e ountered As a GSA p r v d government hl lflf''>S part.1 , "" are the pro I o1ce for u.o ">cHlds of IP<1eral ,tate and oral government c~ttOil aero">· 'Jar th Amenc a Here why • PROTECTION e c ure >r ><til ben IN' ancJ our ommerct al Pec;t Spectaltsls are scree n ed and rando rn l IPd, o you c.a 1 have 0rnp ete con f idence tn The Orktn Man . Co mp l i n I ~10•n OSHA to IPM Ork111 well-versed tn all the act1vtt1e::. and paperwork ne .d a r tpl1anre tequllen,ents Well -d oc umen ed Rt>al 111 P c;e vtc lata ancl reports are ava1 lable Ol'ltne c;o you c.a n access , , tt lt a { i r • Page 4 of 10 © 201 9 Ork i n, LL C INSPECTION REPORT Cit y Of Lodi Graph Business Name: City Of Lod i Se rvice Address : 12751 No r t h T horn ton Ro ad Lod i, CA 9 52 42 Account Ma na g er : Reid Siew ert D te : Septembe r 4 , 2019 Ba rt Statron Count 0 Restroom Care Co n t. 0 Tin Cat Coun 0 Act1zyme Or penser Count 0 Pest lv'on1tor Court 0 Actizyme Odor Co n trol Count. 0 Fly Light Count 0 Phe r omone Trap Cou n t 0 Door Sweep Coun 0 Glue Trap Coun t 0 Arr Curtarn Count 0 Page 5 of 10 © 2019 Orkin, LLC SCOPE OF SERVICE City Of lodi SERVICE AREA: MAIN Weekly (W -52) • ground squirrel nest treatments Page 6 of 10 © 2019 Orkin , LLC INITIAL INSPECTION OBSERVATIONS City Of Lo di MAI N C O MMENT S / N OTES • Serv ic e would consist of inspecting all levee ro ads to determi ne wh i ch ones are most i mpacted by ground squirrel nests . Those determine to have the highest pest activity or deemed the most damaged by these pests would be the first to rece ive treatment and our technicians wou ld move from the worst to least impacted roads . The service wou ld include identifying the squ i rr el nes ts, treating the squirrel nes ts• , f i ll ing the t reated nest sites with dirt and constantly inspecting those areas already treated to deter mine pest activity. This is a l arge area so this service will be done methodica ll y, with each area being treated listed and monthl y u pdates for our technicians progress will be provided to customer. • Treatment c ons i sts of us ing a colored gas material in s ide the nests to exp ire and erad icate these pests. All those pests inside the nests will expire of this gas and pose no threa t of sec ondary po i son i ng to other w il d life in the area . Gro und squirre l s will not try to re turn to those nests th a t have been gassed . MAIN CUSTOM ER ACT I ON NEEDE D • Ork in wo u ld ask that if poss ibl e, the levee roads have all weeds, sh rubs and other g ro wths removed from the side of the roads to he l p our technicians find and treatment the ground squ irrel nests. Page 7 of 10 © 2019 Orki n , LL C QUAliTY ASSURANCE 6 OTHER SERVICES QUALITY ASSURANCE We back Prec1s1on Protec t 1on w1th Orkm's Qual1ty Assurance program (fe t u r d tn the Americ a n Soc1ety for Quality's Quality Progress magaz~nel, wh1ch assures your pest m nagement serv1ce meets Orkin's h1gh quality sta ndar ds-and your own 60 -DAV FOllOW-UP INSPECTION A follow up v1s1t by your Orkin Ac c ount an ger Will be sc h edul d withm 60 days of your in1tial serv1ce to rev1ew your IPM program. All findings w 1ll be oc ument d and i sc u ssed with your des1gnated fac1lity represe tatiVe ISO 9001 :201 5 CERT IFIED CORPORATE COMPLIANCE AUDITS Orkin em toys a Nat anal Quality S'{stems Team wh1ch ut11t es an ISO 001-2015 certi fied audit process to ensure proper documented proce urec; are followed Close mo 1toring by the ISO Cert1f1cation Process remforces Orkin's documented quahty management processes and strtct regulatory compliance AD DITIONAl SERVICES Wt: wuuld be h ppy to subm1t a propoc;dl for any of the add1t10nal s rv 1ces below, upon your reques . • Bed bug control • Bu<i control (batting, nettmg, £')(CiusaonJ • Fly control ('ierv1ce, fly light rental) • Or kan Ac t 1zyme Floor and Dr alfl C e ner ... - • Term1te co nt ro l • Orkin Adi me Odor Neutralizer ... Wildlife co trot ( round ogs sku n s etc.) • MoJqu• o control -~ Page 8 of 10 @ 2019 Orkin, LLC ORKIN COMMERCIAL SERVICES TRIPLE GUARANTEE <D 2X24 RESPONSE GUARANTEE Whe n you see a pest, you need ser vice right away -365 days a yea r. Or kin ma kes it e asy wi t h a direct priorit y lin e to ou r na i o nal c us omer service depar t me nt and to your loca l bra nc h. We 'll r spon d to you r requ es wi t hin 2 hou rs and if needed hav e someone on -si t e at yo u r c il i y within 24 hours -g ua r anteed . ® REIMBURSEMENT GUARANTEE Sho ul d your com pany be fined by a re ul o r y age cy due solely to a pest i nfes tatio n, Ork i n will r eimbu rse you fo r th e amou nt of t ose f ines t ha are paid . • ® 360° SATISFACTION GUARANTEE • 60 days complimen t ary servi ce if you're not sati sfi ed with the way we begin our service -After you choose Or i , we pr ovid e a 60-d y gu r n ee of ou r s rvic e. If you'r e no t s t i fie after the first 60 ys, we r eim burse you in fulL • 60 day s compl i mentary service if you 're not sati sfi ed at any time thereafter -At any time, if you are not co m letel y sa is fi ed wi h r sui s of yo ur regular! sc hedu led ervice, Orki n will provide c om pl imen ary ser vice fo r up to 60 days unti l you'r sa isfi ed . • 60 days compl i mentary service by another prov i de r if you're st ill not sati sfied - If you are s till dissatisfied after 60 da y s of Or i 's complim ent ary ervice and you w is h to cancel ours rvic , we will pay for the f irst 60 da ys of regu l r serv ic by ana he r pr ovid er of your choice. Page 9 of 10 © 2019 Orkin , LLC INVESTMENT SUMMARY City Of Lodi PROPOSAL # 1 PEST CONTROL SERVICE TYPE FRE Q UEN CY Exterior Only Weekly (W -52) INVESTMENT·· Total Initial Month . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,000.00 Per Service Vi sit . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $500.00 Annual ............................................................................................ $26,000.00 •• Quote 1!!1/.C/udes ta11 and replacement cost of pest control eqwpmen t Page 10 of 10 © 201 9 Ork in , LL C , 1 Ken Capitanich 1 1 I '1 11 I 1 J JOV 11 J White Slough Squirrel' Abatement Contract D Oct 23, 2019 at 9:41:11 AM "EXTERNAL • -Use caudon before opening links or attachments CitY-of Lodi Public Works DeP-artment Cover Sheet To: Prospective Bidder From: Ken Capitanich C ompany : C ity of Lod i Phone: 209-333-67 49 Fa x: 209-333-6768 Date : October 22 , 2019 Page s includ ing this cover page: 7 SCOPE : The City of Lodi intends to e . ecute a contract for quirrel Abatement at the City of Lodi, White Iough Water Po llu t ion Co ntro l Faci lity (White Io ugh ) located at 12751 N . Thornton Rd , Lodi, CA 95-42. White Iough is lo cated on I 040 acres ; of which 880 acres are agr ic ulture land. This agriculture land is ir rig ted by appro. imate ly 15 -20 linear miles of irrigation di tc hes d e li vering reclaimed water or gro u nd\ ter. f-od d er crops grown at White Io ugh a re com, alfalfa. wheat, and rye . ppr xi mat I I mile of ditd le ee is in contact with waters of the State. nd e m eath an o ther I mile of ditchllcve is burit:d a na t ural gas line . No explo ive can be used in this area. The ltac.:hc"d bid t'onn ·. h ibi t A ) contai ns Labor Rate, Overti me Rate, Material s Mark Up, Truck hargc and l inimu m Call Out in lom1ation that must he comple ted if you are in teres te d in s u bmitti ng a bid . T his fonn must be comp le ted as direc ted . If succe ful , you wi ll be req uired to pro id e in ur ance in accordan ce with the attached Exhibit B, o bt ain a City of l odi Busi ne s Lice nse posse s a Cali forni a De partm e nt of Pes tic id e Regul a ti o n ( DPR) Pe st ici de Appl ica to r 's ice nse, an In tegrated Pes tic id e Ma nage me nt plan (I PM ) and ubm it a W-9 Fonn pe r curre nt IRS req uire me nts . All t c hn iq ue s of a bate me nt and/or applicatio n must be a pproved by the CDP R and San Joaq u in C unty Agri c ult ura l Department J AD). It is prefe rred the type of a batement used be organi c. Pl ease also note the folio \ ing ne w requireme nt on Pu blic Works cont rac ts : State of a li fomia enate Bill 854 requires the folio\ ing: No contractor or subcontractor may be listed on a b id proposal for a public works project (submitted o n or after March 1, 201 5) unless registered with the Departmen t of Ind u str ial Relations p urs u ant to Labor Code section 17 25 .5 [with lim ited exceptions from this requ iremen t for bid purposes on ly under Labor Code section 1771.1 (a)]. No contractor or s ubcontra ctor may be awarded a contract for pub lic work on a public works project (awa rded on or after Ap ril 1, 2015) unless reg istered w ith the Department of Industrial Re lations pursuant to Labor Code sect ion 1725 .5. Thi s proj ect is subj ect to comp liance mo nitoring a nd e nfo rcemen t by the Departmen t of Indus trial Relations . Pro p sa l are due to the Wh ite Iough WP C O lli ce by 5:00p.m . on Wednesday, ovember 6, 2019. T he ollice is loc ated at 1275 1 N . T h rnt n Rd . lodi, a lifom ia , 95242; or b emai l to ~~tltJ!lilDICb U1iliJJ..gQ.l. Ken '11pi tan i ·h C PO, City of l od i w w pdf I lll fll p j 0 MEMORANDUM, City of Lodi, Public Works Department To: Prospecti ve Bidder From: C ity of Lodi Date: October 22 . 2019 Subject: SqUi rrel Abatement at the White Slough Water Pollution Control Facility, City of Lodi Please fully complete the lnformaUon below. ..:....:..:~:..::...;,.;,;:;;,._ DS~ 0 Address -=...:o:......t...=_,;,.;,;,:,.::;,;,,;;;,::....:;.;::c ;:.,;l e~..:.j)_.#l\,c...>.:.W'(.::.L-.......,=.Jw...~;,._~~--==~--!:::~:.!..3.::!..!..::=.!....1.~ Contractor's L~eense No.· --~--~-4_5 _____ _ Labor Rate ---:-.....,..-::-:--=--..---------- Overtime Rate. _....:..,...o...::;,_;;;_:~..:....::..:;,_ ______ _ Parts and matena ls plus % markup Truck ~:~o~o~n~e~------------------- CaJ I out m1n urn 2..4 In (5 (hours) Other WC f UI\C\s ~ 12 h(Cz (be specific) Items requ1 red upon award of contract 1. Insurance requirement s per the attached Exhibit B. 2. Workers ' compensation msurance coverage 3 . C1ty of Lod1 busmess li cense 4 . W -9 fo rm pe r current IRS requirements 5 . Reg rstered w1th the Departmen t of lndustnal Re lations K 11M"i'ROJECTSIPSA 5~15 \UTY ""DE tf\/AC\1110 ME REOlJIRE ENT S f '-CIUTIES DOC Bid S umm a ry For Grou nd Squirrel Abate me nt W hite Slo ugh WPCF o mpan Name: ddre s: Contac t name, number, and email Desc ri ption Service would consist of inspecting all d itches , levees. roads , and peripherals . to determine wh ich ones are m ost impacted by ground squirrel nests . Those determined to have t he h ighest pest activity, or deemed t he most damaged by t hese pest s would be th e first to receive treatment and techn •c ians would move from the worst to least impacted areas . The serv ice w ould include identifying the squirrel nests, treating the sq uirrel nests. fi lling the treated nest sit es with dirt and constantly in specting those areas alrea dy treated to deterrm ne pest act iv ity. This is a large area so this service will be do ne methodically, w1th each area being t reated li sted and mon thly updates of techn ician's prog ress will be provided to the City of lodi. Cost. Initial visit .C ost Main tenance Total bid for three year contract One yea r cost Three year cost s 2 (,,ooo ()~ s ""lS ,OOO "..£ $ 5'"0 0 ~ $ cf' $ ¢ ¢ $ ac -:yb J - Not to exceed $78 ,000 Exhibit C NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City's online insurance program requesting you to forward the email to your insurance providet(s) to submit the required insurance documentation electronically Insurance Requirements for Most Contracts (Not construction or requiring professional liability) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents , representatives , employees or subcontractors . MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as : 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence " basis , including products and completed operations , property damage , bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence . If a general aggregate limit applies , either the general aggregate limit shall apply separately to this projecUiocation (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2 . Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos , then hired , and non- owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage . 3. Workers' Compensation: as required by the State of California , with Statutory Limits , and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease . Other Insurance Provisions: (a) Additional Named Insured Status The City of Lodi , its elected and appointed boards , commissions , officers , agents , employees , and volunteers are to be covered as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials , parts, or equipment furnished in connection with such work or operations . General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available , through the addition of both CG 20 10 , CG 20 26 , CG 20 33 , or CG 20 38; and CG 20 37 if a later edition is used (b) Primary and Non-Contributory Insurance Endorsement The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance . For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity , its officers , officials , employees , and volunteers . Any insurance or self-insurance maintained by the Entity , its officers , officials , employees , or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance . Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation , but this provision appl ies regardless of whether or not the City of Lodi has received a waiver of subrogation endorsement from the insurer NOTE: (1) The street address of the CITY OF LOQI must be shown along with (a) and (b) and (c) above 221 West Pine Street , Lodi , California , 95240 ; (2) The insurance certificate must state , on its face or as an endorsement , a description of the project that it is insuring. (d) Severability of Interest Clause The term "insured " is used severally and not collectively , but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies . (e) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi , 221 West Pine St., Lodi , CA 95240 . Page 1 1 of 2 pages Risk : rev . 3/1/2018 (f) Continuity of Coverage All policies shall be in effect on or before the first day of the Tenn of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy , Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Tenn. If Contractor's insurance lapses or is discontinued for any reason , Contractor shall immediately notify the City and immediately obtain replacement insurance . Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following tennination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq .). (g) Failure to Comply If Contractor fails or refuses to obtain and maintain the required insurance , or fails to provide proof of coverage , the City may obtain the insurance . Contractor shall reimburse the City for premiums paid , with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California . The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1st) day of the month following the City 's notice . Notwithstanding any other provision of this Agreement , if Contractor fails or refuses to obtain or mainta in insurance as required by this agreement , or fails to provide proof of insurance , the City may terminate this Agreement upon such breach. Upon such tennination , Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities . (h) Verification of Coverage Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause . All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them . The City reserves the right to require complete , certified copies of all required insurance policies , including endorsements required by these specifications , at any time . Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. (i) Self-Insured Retentions Self-insured retentions must be declared to and approved by the City . The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration , and defense expenses within the retention. The policy language shall provide , or be endorsed to provide , that the self-insured retention may be satisfied by either the named insured or City . U) Insurance Limits The limits of insurance described herein shall not limit the liab ility of the Contractor and Contractor's officers , employees , agents, representatives or subcontractors . Contractor's obligation to defend , indemnify and hold the City and its officers , officials , employees , agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the Agreement for Contractor to procure and maintain a policy of insurance . (k) Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated here in , and Consultant shall ensure that City is an additional insured on insurance required from subcontractors (I) Qualified lnsurer(s) All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, VI " by the AM Best Rat ings Guide , and which are acceptable to the City . Non-admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLIIist) and otherwise meet City requirements . Page 2 1 of 2 pages Risk : rev . 3/1/2018