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HomeMy Public PortalAboutKillingsworth Pest Control-LibraryIFE pESTCOMM 3 CHESTNUT AVENUE, S.E., FORT WALTON BEACH, FLORIDA 32548 244-4161 • 582 598fi 837-5544 POST CONSTRUCTION SUBTERRANEAN TERMITE REPAIR AND RETREATMENT SERVICE CONTRACT ACCOUNT# 10024097 PURCHASER: NAME: Robert L.F. Sikes Public Library, Wayne Steele SERVICE ADDRESS: 1445 Commerce Dr CITY, STATE, ZIP CODE: Crestview, FL 32539 PHONE: 850-682-6132 CONTRACT EXPIRATION DATE: October 18, 2017 LOCATION OF TREATMENT NOTICE: DATE: October 18, 2012 DESCRIBED PROPERTY: (if different from Purchaser) NAME: Department of Public Services, Wayne Steeie MAILING ADDRESS: 715 Ferdon Boulevard North CITY, STATE, ZIP CODE: Crestview, FL 32536 TYPE OF STRUCTURE: Library REQUIRED TREATMENT DATE: October 18, 2017 PRODUCT USED IN TREATMENT: 1 MAXX PRO This is a Post -construction Subterranean Termite Repair and Retreatment Service Contract ( "Contract") between Killingsworth Pest Control, ("Pest Control Company") and Department of Public Services, Wayne Steele ("Customer"). This Contract only covers the structure(s)specifically listed and identified above (Structure(s)). This Contract does not cover detached garages, out buildings, fences, decks or other buildings, construction or improvements to the property located at the service address of Structure(s),'unless specified in writing on this Contract. This Contract is void and of no legal effect unless approved by the management of Pest Control Company. For a fee of $ 1230.00, plus all applicable taxes, and subject to the general terms, limitations, exclusions, disclaimers and conditions provided within this Contract, Pest Control Company will protect Structure(s) from and repair new damage caused by Native Subterranean Termites (Reticulitermes) and Formosan Subterranean Termites (Coptotermes Formosanus) collectively ("Subterranean Termites"), aerial infestations excluded, for a period of one (1) year. The payment of this fee shall be made as follows: Will pay in full, $1280.00, upon receipt of invoice. Protection will be provided by applying a liquid termiticide treatment below and/or around the first floor level of the Structure(s). Retreatments with a liquid termiticide may be necessary during the period of this Contract and will be provided at no additional cost to the Customer. Should an infestation of Subterranean Tertnitee occur in, on or under the Structure(s) while this Contract is in effect, a liquid treatment shall be applied to the soil in the area of infestation. Customer is responsible for notifying Pest Control Company of signs of termite activity or anything unusual between reinspection periods or during the course of the Contract so action may be taken to prevent reinfestation or damage to Structure(s). The treatment provided under this Contract was originally intended to: ® Prevent an infestation of Subterranean Termites. ❑ Correct an existing infestation of Subterranean Termites. Pest Control Company will perform a visual inspection of the Structure(s) on an annual basis. The inspection will be of readily accessible areas only. The inspection will not cover areas that are enclosed, inaccessible or concealed by wall coverings, floor coverings, furniture, equipment, stored articles, nor any portion of the Structure(s) in which the inspection would necessitate removing or defacing any part of Structure(s), such as areas with insulation. Pest Control Company will not open any walls, remove any floor coverings or move any fumiture, equipment or other obstructions during the inspection to access or inspect any portion of the Structure(s). Customer acknowledges and accepts that this visual inspection of the readily accessible areas of the Structure(s) is a reasonable inspection for the purposes of this Contract. Customer understands and agrees that any inspection of Structure(s) undertaken by Pest Control Company and any representations, statements or reports made by the inspector or Pest Control Company about the inspection or Structure(s) should not be construed as an opinion, guaranty, warranty or promise regarding the structural integrity or soundness of the Structure(s) nor as an opinion, guaranty warranty or promise of the presence or absence of subterranean termites or other wood destroying organisms or damage to any portion of the Structure(s) Customer may renew this Contract for an additional four (4) years by paying an annual renewal fee of $ 350.00, on or before each anniversary date of this Contract. For purposes of this Contract, the parties agree that "anniversary date" is defined as that day that falls exactly one year from the date of treatment set forth above. Customer's failure to pay the renewal fee in accordance with this Contract render this Contract void, but shall not relieve Customer from the obligation and requirement to provide payment for all amounts due and owing pursuant to this Contract. Pest Control Company reserves the right to adjust the renewal fee upon written notice given to Customer within thirty (30) days prior to the anniversary date of this Contract. Customer has the right to terminate this Contract upon receipt of Pest Control Company's written notice of an increase in the annual renewal fee. Such notice of termination must be made in writing and provided to Pest Control Company no later than ten (10) days before the anniversary date of this Contract. Upon conclusion of this contract, termite treatment is required for post construction contract. By signing this Contract, Customer certifies that Customer has read and fully understands all disclaimers, limitations, conditions and exclusions contained on the front and back of this Contract that affect Pest Control Company's obligation to repair or re -treat the structure(s). Customer specifically understands that Pest Control Company and Customer are bound only by the terms of this Contract and not by any other representation(s) oral, written or otherwise. GENERAL TERMS AND CONDITIONS PEST CONTROL COMPANY AND CUSTOMER AGREE TO THE FOLLOWING TERMS AND CONDITIONS: 1. SPECIFIC EXCLUSIONS Customer agrees that this Contract does not cover and Pest Control Company shall not be responsible or liable for any of the following: a. Damage resulting from any form of insect, pest, or wood -destroying organism other than Subterranean Termites. b. Damage resulting from drywood termites or an aerial infestation of Subterranean Termites. c. Damage or bodily injury resulting from moisture conditions, including but not limited to wood -decaying fungi, fungus or mold, whether visible or not. d. Damage resulting from wood in direct contact with the soil that provides Subterranean Termites with hidden or protected access to the Structure(s), whether visible or not. e. Damage resulting from construction defects, structural defects, design defects, masonry failures or grade alterations that disrupt or reduce the effectiveness of the termiticide treatment or that provide Subterranean Termites with hidden or protected access to the Structure(s), whether visible or not. Damage and/or remedial treatments resulting from infested wood and/or furniture introduced into Structure(s) after initial treatment. Personal expenses, such as lodging, meals, transportation, etc., or reimbursement for loss of quiet enjoyment, loss of use or diminution in value of the Structure(s) that arose as a result of any treatment, retreatment and/or damage repair. f. 8. " h. Retreatment or damage resulting from flooding of structure. Customer acknowledges that flooding of structure will require a treatment at customer's expense. Customer agrees to immediately contact Pest Control Company following any flooding that occurs at the structure(s). i. Damage caused by Pest Control Company to trees, shrubs, flowers, sprinkler systems or portions of Structure(s) that interfere with the completion of the work. These specific exclusions are in addition to any and all other exclusions, disclaimers, limitations, or conditions contained within this Contract. 2. DUTY TO AVOID CONDITIONS CONDUCIVE TO TERMITES Customer agrees to cooperate with Pest Control Company during the term of this Contract by avoiding and eliminating those conditions or factors that might contribute to a termite infestation or disrupt the termiticide barrier surrounding and beneath the perimeter of the Structure(s), if applied. These conditions include, but are not to be limited to, construction defects, wood, trash, direct wood to soil contact, tree stumps, standing water or above ground moisture accumulations caused by any natural or man-made source. Such moisture accumulations include, but are not to be limited to, condensation, leaks from exterior walls, windows, doors, roofs, skylights, chimneys, gutters, down spouts, plumbing, plumbing fixtures, sprinkler systems, air conditioning and heating systems (including condensation drains and duct work) or inadequate ventilation. Customer agrees to notify Pest Control Company of and to eliminate the aforementioned conditions under and within an eighteen (18) inch area around the perimeter of the foundation of the Structure(s), which may include hose bibs, stacked lumber, mulch and landscape timbers. Pest Control Company reserves the right to terminate this Contract if Customer fails to correct any condition, including, but not limited to, the conducive conditions listed above, which contribute or may contribute to an infestation of Subterranean Termites. Pest Control Company is not responsible for any damage to the Structure(s), or its contents, resulting from any conditions conducive to a termite infestation that caused or contributed to such infestation or damage. Customer further agrees that it will eliminate any conducive conditions identified by Pest Control Company within thirty (30) days of either written or verbal notification that a termite conducive condition exists below or adjacent to the Structure(s). Customer's failure to eliminate the conducive condition within thirty (30) days following notification will render this Contract voidable by Pest Control Company. 3. MODIFICATION OR ALTERATIONS TO STRUCTURE(S) This contract only covers the Structure(s) identified above as of the date of this Contract The Customer shall provide notification to Pest Control Company, in writing, prior to any alteration, addition, modification or change to the Structure(s) or any disruption of the termiticide barrier surrounding or beneath the perimeter of the Structure(s), to include, but not limited to, a disruption, removal or addition to the soil surrounding the foundation of the Structure(s). The Pest Control Company shall have the right to terminate this Contract if Customer fails to provide written notice of any alteration, addition, modification or change to the Structure(s) or the termiticide barrier surrounding or beneath the perimeter of the Structure(s). Any additional treatment required because of any alteration, addition, modification or change to the Structure(s) or any disruption of the termiticide barrier surrounding or beneath the perimeter of the Structure(s) will be provided by the Pest Control Company at Customer's expense. Customer agrees that Pest Control Company shall have the right to charge an additional fee or increase the renewal fee stated on the front page of this Contract, or both, as a result of such alteration, addition, modification or change to the Structure(s) that occurs during the first year or during any subsequent renewal period of this Contract. 4. CHANGE IN LAW This contract shall be interpreted, regulated and adjudicated in accordance with applicable federal, state and local laws and regulations, as they existed at the time this Contract is executed. Should any federal, state or local law or regulation change regarding the Pest Control Company's services or treatment, the Pest Control Company is authorized to take whatever steps are necessary to be in compliance with said laws. If Pest Control Company cannot modify its services or treatment to comply with such a change in the law, then Pest Control Company reserves the right to immediately terminate this Contract. 5. EXISTING DAMAGE Pest Control Company is not responsible for the repair of any damage of Structure(s), or its contents, caused by Subterranean Termites that existed prior to the date of this Contract or the date of the initial treatment, whichever occurs later, regardless whether or not such damage is noted on the initial graph. Customer agrees that the damage disclosed on the initial graph may not represent all the existing damage to the Structure(s). Customer further agrees that Pest Control Company does not guarantee that the initial graph represents all existing damage to the Structure(s). 6. NEW DAMAGE Pest Control Company agrees to repair any new damage to Structure(s) caused by Subterranean Termites, excluding aerial infestations, that occurs following Pest Control Company's initial treatment of the Structure(s). For the purposes of this Contract, the area of new damage must be caused by and contain a live infestation of Subterranean Termites, excluding aerial infestations. Under no circumstances will the Pest Control Company repair damage, hidden or otherwise, unless a live infestation of Subterranean Termites, aerial infestations excluded, is found in the area claimed as new damage. 7. NOTICE/RIGHT TO INVESTIGATE AND VERIFY CLAIMS Any claim made by Customer under the terms of this Contract shall be submitted in writing to the Pest Control Company. Pest Control Company must have a reasonable opportunity to investigate and verify any new damage claim submitted by Customer. Any damage repaired before Pest Control Company can investigate and verify a new damage claim operates as a waiver of Customer's right to raise such claim under this Contract. 8. LIABILITY LIMITS/DEDUCTIBLE/CONTROL OF REPAIR PROCESS Pest Control Company's repair and retreatment obligation under this Contract is limited to $100,000.00. Only contractors approved by Pest Control Company will be allowed to repair new damage to the Structure(s). Pest Control Company further reserves the right to control and supervise any repairs made to the Structure(s) under the terms of this Contract. 9. CHEMICAL SENSITIVITY If Customer, or other occupants (including invitees and licensees) of the Structure(s), believe he/she may be sensitive to pesticide, Customer must immediately notify Pest Control Company in writing and in advance of Pest Control Company's treatment, including whether Customer or occupants have consulted with a medical doctor regarding such sensitivity. Customer agrees to inform all occupants that Pest Control Company will apply pesticides in conjunction with its treatment of the Structure(s). Pest Control Company reserves the right, upon receipt of such notification, to deny or terminate service. Failure to provide this notification represents Customer and occupants' assumption of the risk and waiver of any claims against Pest Control Company in connection with such sensitivity. Customer further agrees to indemnify, protect and hold harmless Pest Control Company from any and all chemical sensitivity claims, causes, actions, judgments, costs, attomey's fees, expenses and losses of every kind and character, whether direct or indirect, brought by Customer or other occupants (including invitees and licensees) of the Structure(s). 10. BINDING ARBITRATION The Customer agrees that Pest Control Company shall have the option of resolving any controversy or claim between them arising out of or relating to the interpretation, performance or breach of any provision of this Contract by binding arbitration in accordance with the rules and requirement of the American Arbitration Association. The parties acknowledge and understand that by agreeing to submit their dispute to binding arbitration they are effectively waiving their right to a Trial by jury as a means of resolving disputes. Judgment upon such arbitration award may be entered in any Court having jurisdiction. 11. TRANSFERABILITY Pest Control Company reserves the right to terminate the contract or charge a transfer fee and adjust the annual renewal fee upon transfer of ownership. In the event the new owner fails to pay the transfer fee or the adjusted renewal fee, Pest Control Company's responsibilities, duties, obligations, and any liability under this Contract shall be terminated. 12. TERMINATION Pest Control Company's responsibilities, duties, obligations, and any liabilities under this Contract shall be terminated if Pest Control Company is prevented or delayed from fulfilling any of its duties, obligations or responsibilities under the terms of the Contract by reasons or circumstances beyond its control or by the Customer's interference or refusal to provide Pest Control Company with access to Structure(s). 13. SEVERABILITY Customer agrees that if any part of this Contract is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this Contract shall remain in full force and effect. 14. NON-PAYMENT, DEFAULT In the event that Customer fails to pay any sum due and owed under the terms of this Contract, Pest Control Company has the right to terminate this Contract In the event a collection service is utilized or legal action becomes necessary to recover all unpaid balances, Customer will be responsible to pay all costs associated with said collection, including attomey's fees. 15. CUSTOMER ACKNOWLEDGEMENT I acknowledge that 1 have read this Contract in its entirety and that I fully understand its content, including the General Terms and Conditions, and any exclusions, disclaimers, limitations, or conditions contained within this Contract. Notice to Customer If this is a home solicitation sale and Customer does not want the goods or services, Customer may cancel this Contract by giving written notice of cancellation to Pest Control Comp before midnight of the third business day after Customer signed this Con Date Date 10/03 est Control Represve Ts f Ifi cri rNirc u FELE., FORT1.VALTONI3EACH, FLORIDA. 3254r, 244'•2111 1:137•'5544 L , Sjike s loraT 00 a 0 cj ,-;-)7.,.@ , :(', ta..,.1(_,E1 c-xeiti,--,:ipias on_ teal:11'1:e of) s y_ te - 222_. F 09/06/2012 11:34 850_ 395 KILLINGSWOR- PAGE 02 Killingsworth Pest Control, Inc. 3 Chestnut Ave Ft Walton Beach, FL 32548 850-244-4161 J Robert L.F. Sikes Public Library Jean Lewis 1445 Commerce Dr Crestview, FL 32539-6944 RENEWAL NOTICE Expiration Date 09/21 /12 Renewal Fee 1230.00 CUSTOMER 4 10024097 RENEWAL # FOR THE PROPERTY AT. Robert L.F. Sikes Public Library 1445 Commerce Dr Crestview, FL 32539 IMPORTANT RENEWAL NOTICE Booster Treatment If allowed to lapse by not sending in your renewal fee (shown above) by the expiration date, treatment at a cost of hundreds of dollars may be required for reinstatement of this coverage later. Under the conditions of your limited renewable coverage, we have been responsible during the past year to treat the property should infestation be discovered. If renewed, we will inspect your property and extend your service coverage, subject to the terms and conditions of the original agreement. It is understood that this Limited Coverage is extended and fully in effect one year from the renewal date by the Purchaser/Owner remitting the requested renewal fees. We strongly recommend renewal, and if any visible infestation is discovered during the inspection, the structure will then be retreated at no cost to you under this service coverage, subject to its terms and conditions. INSPECTION MUST BE COMPLETED BY RENEWAL DATE TO CONTINUE COVERAGE! Web address www.killingsworthpestcontrol..com Killingsworth Pest Control is solely owned gAgageilAnfo6t r4WAglifyt0payment RENEWAL ACCEPTANCE Robert L.F. Sikes Public Library Jean Lewis 1445 Commerce Dr Crestview, FL 32539-6944 Killingsworth Pest Control, Inc. 3 Chestnut Ave Ft Walton Beach, FL 32548 850-244-4161 New Owner Information NAME TELEPHONE qt). t qR� a. received LID-11-1A CUST. F 10024097 EXPIRATION DATE 09/21/12 RENEWAL a RENEWAL FEE 1230.00 Payment Options (Please Check One) ❑ Check or Money Order * $ ❑ Visa or MC Exp /� Sec Code Garda CUSTOMER SIGNATURE A J I p 17, CITY OF CRESTVIEW QUOTE FORM OCT 112012 FROM: DEPARTMENT OF PUBLIC SERVICES DATE: 10 - 1 O • Zp t TO: ACCOUNTS PAYABLE CITY HALL 198 N. WILSON STREET CRESTVIEW, FLORIDA 32536 PH: (850) 682-1560 FAX: (850) 682-8077 Purchase Order Number: D. Prt g PURCHASE ITEM• FR0Y1 ;'T-6- FoQ-- P F,Raq l QUOTE #1: VENDOR: 'K ; tams v-b F'+k C-Gt, • PRICE QUOTE: 1 :2 3 O (1 c QUOTE #2: QUOTE #3: VENDOR: .24ASe�_ VENDOR: �?EF1ED-S .CNVittc:IMEA-AL 3 Competitive quotes have been sought by PRICE QUOTE: 4, "2-, 4 Ce> � PRICE QUOTE: t S. 3 C (mail, telephone, fax, etc.). I hereby affirm that the above quotes have been sought and conform in every respect with the requirements of the City's Purchasing Manual. Approved: D>�partment Head Employee S6nature FIN Rev 06/03 ��. F/ PESTCONTROL 911 Don Dr * Ft Walton Beach 862-3955 Destin 837=5137 604 Elm Street' Niceville 678-5508 Crestview 682-5553 IFflwA hf Eh19 ER 5454 Gulf Breeze Pkwy' Gulf Breeze 916-1124 Quote is valid for 90 days from date below CLIENT NAME:nip of eres7utci A ecZ S; KEs/ br-iiry DATE: /a--//- /2- ADDRESS: /qz/.S- Cat3iowv.0c_ tor._ CITY/ZIP: 0res7v;OEr4., 52539 BILLING ADDRESS (if different): CITY/ZIP: EMAIL ADDRESS: PHONE: ALTERNATE POINT OF CONTACT: /I/ie,_ j../ red k. ALT PHONE:  - - --- _ _ Z��W O�� T. ' COL RROG,,' ����. - - = . -_ ��`�� ._ ,12 INITIAL SERVICE: I $ Annual Service Agreement Monthly $ X =$ Quarterly $ X =$ " , Pre -Paid 1st Year % =$ . __. _ _. , L INITIAL SERVICE: I $ Annual Service Agreement Monthly $ X =$ Square Footage = Pre -Paid 1st Year % _ TreatmentM  _  $ 4 ijoc. cca  rre4rine", r I.46/ac s /-yr sera/ ;/ cle. ��zs Annual Termite Inspections $ 5-6,("0 X 1-1 years h6e7s-rez recz w s.,(,, Av., 44�� arad a Linear FootageX I Square Footage) I 6.00 s 1 rs, C'eirreF%1 r is 6Ill l"j'a�� 4,71l+G 7EM1171 A p�s:5;bfe '04,149e "4/ 6,0e( 6C S'Yrs, No 4D-P rtiOtE 4r 1-he reyoiPeta Bldg Material 13raeic r. �� n -,5en1, CI1 .� - )( Number of stories I lidll' Condition 6 ecd Full $250,000 Damage Replacement Warranty against new, live, active infestations of Formosan & Eastern subterranean termites. Refer to Subterranean Termite Agreement for details Full Warrant 0 y Limited Warranty Q' Limited re -treatment warranty, refer to Subterranean- Termite Agreement (Retreatrruent Only Agreement) - _ ,- Service Requested: Service Price:.. -_ $_.. BPC Representative: BPC 405 10/2010 Ife Roy r71/154 www. �rvaniDestCvnercLecum Contact Number: 642 .3-35:3 DISC VER 1 ENVIRONMENrtAI�II�t� DEBIT C NITLIOQ 840 N. Ferdon Blvd. Crestview, FL 32536 850-682-5354 September 26, 2012 Service to: Robert L. F. Sikes Public Library 1445 Commerce Drive, Crestview, FL 32539 Contact Person: Wayne Steele steeleacityofcrestview.org The following is our bid to provide pre -construction soil treatment for termite protection to this building covering approximately 46,300 sq. ft. Any additional areas to be treated will be priced separately upon request from general contractor. Re: Proposal for Termite Control Quantity and description of item Foundation Type Price Termite Control (includes first year warranty) Premium termiticide to be used is Dominion 2L (imidacloprid), Compare to Premise (by Bayer) Architect should approve Monolythic $1,450.00 Annual Termite Inspection & Warranty Renewal (i.e., after the first year, for 4 additional years to complete the first 5 year warranty period (Optional) $475.00/yr x 4 yrs = $1,900.00 Full Warranty coverage: If any termite activity or infestation should arise during the warranty period, we will provide the necessary treatment and any necessary repair at no additional cost to you as our customer. Yes Termite Treatment $ 1,450.00 Annual Termite Inspection & Warranty Renewal $ 1,900.00 Tax NA Grand total _' er D, o0 Notes: Estimated Start Date Visit our web site at www.spearspestcontrol.com City ®f Crestview, Florida PURCHASE ORDER 9998 TO ► ` 1 ttl .S 1AD V' -1--1,1 P n KA-r61 , _ /U c.. DATE I O - l L - 20 a, COMM. a 1 a SUB COMM o l QUANTITY I DESCRIPTION Al /14 �- tin s-4-� Tr e p.+1,1-, -ems+ o -Fe sr ( s C v-c ,f-e_ UNIT PRICE 1 aae.ob TOTAL PRICE 1 a3o.od t=nN- Ip- ti -l 1.(1) - 11- 13 I r r� ► �-� �� �-- y, our 4-- Fn y- L t ao rr DEPT. -a- F-CI r REQUESTED BY ISM 01.__ti , YLQ � G AUTHORIZED BY 9 CITY CLERK ACCOUNT NO (>(`D[- azici-spa-qle-oa PUBLIC SERVICES