HomeMy WebLinkAboutEden Adv Pest Tech AG-C-210
A31b9
2005 AGREEMENT FOR PROFESSIONAL SERVICES FOR
MOSQUITO LARVAL SITES
AG-C·210
THIS AGREEMENT made and entered into by and between the CI1Y OF
AUBURN, a Municipal Corporation in King County, Washington, hereinafter referred to
as "CITY" and with, Edel\ Advanced Pest Technologies, a corporation whose
address is 3425 Stoll Road SE Olympia WA 98501, hereinafter referred to as "EDEN."
In consideration of the covenants and conditions of this Agreement, the parties
hereby agree as follows:
1. SCOPE OF WORK.
EDEN, on a project basis, will be given individual task assignments {see example
Exhibit A) for monitoring and possible treatment of mosquito larval sites. Exhibit A is
attached hereto and by this reference made a part of this Agreement. These task
assignments will describe the work to be completed, completion dates and
compensation amount. An approved task assignment shall be required between EDEN
and the CITY prior to commencing any work for any individual task. EDEN's services
shall include services as described in Exhibit B, which is attached hereto and by this
reference made a part of this Agreement.
2. TERM.
The CONSULTANT shall not begin any work under this Agreement !Until
authorized in writing by the CITY. All work under this Agreement shall be completed by
December 31,2005.
The established completion time shall not be extended because of clny delays
attributable to the CONSULTANT, but may be extended by the CITY in the event of a
delay attributable to the CITY, or because of unavoidable delays caused bl' an act of
GOD or govemmental actions or other conditions beyond the control of the
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Agreement for Professional Services AG-C-21 0
December 22, 2004
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CONSULTANT. A prior supplemental Agreement issued by the CITY is required to
extend the established completion time.
3. COMPENSATION.
EDEN shall be paid by the CITY for completed services rendered under the
approved individual task assignments. Such payment shall be full compensiation for
work performed or services rendered and for all labor, materials, supplies, e,quipment
and incidentals necessary to complete the work. EDEN shall submit an itemized bill to
the CITY prior to payment.
Compensation shall include all of EDEN's expenses including, but nClt limited to,
overhead, profit and direct non-salary costs and shall not exceed that amount shown on
each approved individual task assignment for monitoring and possible treatment of
mosquito larval sites under this contract. The total amount of the Agreement is not to
exceed $25,000.
In the event services are required beyond those specified in the Scope of Work,
and are not included in the compensation listed in this Agreement, a contra(:t
modification shall be negotiated and approved by the CITY prior to any effol1 being
expended on such services.
4. RESPONSIBILITY OF EDEN.
EDEN shall be responsible for the professional quality, technical accuracy, timely
completion and the coordination of all studies, analysis, designs, drawings,
specifications, reports and other services performed by EDEN under this Agreement.
EDEN shall, without additional compensation, correct or revise any errors, omissions or
other deficiencies in its plans, designs, drawings, specifications, reports and other
services required. EDEN shall perform its services to conform to generally-accepted
professional pest control and environmental standards and the requirements of the
CITY.
Agreement for Professional Services AG-G-21 0
December 22. 2004
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Any approval by the CITY under this Agreement shall not in any way relieve
EDEN of responsibility for the technical accuracy and adequacy of its servic(~s. Except
as otherwise provided herein, neither the CITY'S review, approval or acceptance of, nor
payment for, any of the services shall be construed to operate as a waiver of any rights
under this Agreement or of any cause of action arising out of the performanc:e öf this
Agreement to the full extent of the law.
5. INDEMNIFICATION/HOLD HARMLESS.
EDEN shall indemnify and hold the CITY and its officers and employe,es
harmless from and shall process and defend at its own expense all claims, demands, or
suits at law or equity arising in whole or in part from EDEN's negligence or breach of
any of its obligations under this Agreement; provided that nothing herein shall require
EDEN to indemnify the CITY against and hold harmless the CITY from claims,
demands or suits based solely upon the conduct of the CITY, their agents, officers and
employees and provided further that if the claims or suits are caused by or msult from
the concurrent negligence of (a) EDEN's agents or employees and (b) the CIITY, their
agents, officers and employees, this indemnity provision with respect to (1) claims or
suits based upon such negligence, (2) the costs to the CITY of defending sUlch claims
and suits, etc. shall be valid and enforceable only to the extent of EDEN's nElgligence or
the negligence of EDEN's agents or employees. The provisions of this section shall
survive the expiration or termination of this Agreement.
Except as expressly provided herein Eden shall incur no liability by reason of the
City's choice to have the mosquito control work done where there is no negli!~ence on
the part of EDEN.
Agreement for Professional Services AG-C-21 0
December 22, 2004
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6. INDEPENDENT CONTRACTOR/ASSIGNMENT.
The parties agree and understand that EDEN is an independent contractor and
not the agent or employee of the CITY and that no liability shall attach to the ClTY by
reason of entering into this Agreement except as otherwise provided herein. The
parties agree that this Agreement may not be assigned in whole or in part wi11hout the
written consent of the CITY.
7. INSURANCE.
EDEN shall procure and maintain for the duration of this Agreement, c:ommercial
general liability insurance against claims for injuries to persons or damage to property
which may arise from or in conjunction with services provided to the CITY by EDEN, its
agents, employees or subcontractors, under this Agreement. EDEN agrees 110 provide
commercial general liability insurance and shall maintain liability limits of no I,ess then
ONE MILLION DOLLARS ($1,000,000) per occurrence and TWO MILLION DOLLARS
($2,000,000) general aggregate. EDEN shall also provide and maintain automobile
liability coverage in the minimum liability limits of ONE MILLION DOLLARS
($1,000,000) per accident for bodily injury and property damage.
The general liability coverage shall also provide that the CITY, its offioers,
employees and agents are to be covered as additional insured as respects: Liability
arising out of the services or responsibilities performed by or under obligation of EDEN
under the terms of this Agreement, by EDEN, its employees, agents and
subcontractors.
Both the general liability and automobile liability coverage shall provide that
EDEN's insurance coverage shall be primary insurance as respects the CITY, its
officials, employees and agents. Any insurance or self insurance maintained by the
CITY, its officials, employees or agents shall be excess to EDEN's insurance and shall
not contribute with it. Each insurance policy required by this section of the A! reement
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December 22, 2004
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shall be endorsed to state that coverage shall not be suspended, voided, or c:anceled
except when thirty (30) days prior written notice has been given to the CITY by certified
mail retum receipt requested. All insurance shall be obtained from an insurance
company authorized to do business in the State of Washington. EDEN agreE¡S to
provide copies of the certificates of insurance to the CITY specifying the covEirage
required by this section within 14 days of the execution of this Agreement. The CITY
reserves the right to require that complete, certified copies of all required insurance
policies be submitted to the CITY at any time. The CITY will pay no progress payments
under Section 3 until EDEN has fully complied with this section.
8. NONDISCRIMINATION.
EDEN may not discriminate regarding any services or activities to whic:h this
Agreement may apply directly or through contractual, hiring, or other arrangements on
the grounds of race, color, creed, religion, national origin, sex, age, or where there is
the presence of any sensory, mental or physical handicap.
9. OWNERSHIP OF RECORDS AND DOCUMENTS.
EDEN agrees that any and all drawings, computer discs, documents, records,
books, specifications, reports, estimates, summaries and such other informatiion and
materials as EDEN may have accumulated, prepared or obtained as part of providing
services under the terms of this Agreement by EDEN, shall belong to and shalll remain
the property of the CITY OF AUBURN. In addition, EDEN agrees to maintain all books
and records relating to its operation and conceming this Agreement for a peril:>d of six
(6) years following the date that this Agreement is expired or otherwise terminated.
EDEN further agrees that the CITY may inspect any and all documents held by EDEN
and relating to this Agreement upon good cause at any reasonable time within the six
(6) year period. EDEN also agrees to provide to the CITY, at the CITY'S reqUlest, the
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Agreement for Professional Services AG-C-210
December 22, 2004
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originals of all drawings, documents, and items specified in this Section and information
compiled in providing services to the CITY unger the terms of this Agreement.
10. CERTIFICATION REGARDING DEBARMENT. SUSPENSION. AND
OTHER RESPONSIBILITY MA TIERS-PRIMARY COVERED TRANSACTIC)NS.
The prospective primary participant certifies to the best of its knowledge and
belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
(b) Have not within a three-year period preceding this proposal been (~onvicted of
or had a civil judgment rendered against them for commission or flraud or a
criminal offense in connection with obtaining, attempting to obtain, or
performing a public (federal, state, or local) transaction or contract under a
public transaction; violation of federal or state antitrust statues or c:ommission
of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly char~ ed by a
governmental entity (federal, state, or local) with commission of any of the
offenses enumerated in paragraph "(b)" of this certification; and
(d) Have not within a three-year period preceding this application/proposal had
one or more public transactions (federal, state, or local) terminated for cause
or default.
Where the prospective primary participant is unable to certify to any o'f the
statements in this certification, such prospective participant shall attach an e:Kplanation
to this proposal.
Agreement for Professional Services AG-C-21 0
December 22, 2004
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11. TERMINATION OF AGREEMENT.
This Agreement may be terminated by either party upon twenty (20) days written
notice to the other party, and based upon any cause. In the event of terminaltion due to
the fault of other(s) than EDEN, EDEN shall be paid by the CITY for services performed
to the date 9f termination.
Upon receipt of a termination notice under the above paragraph, EDEN shall (1)
promptly discontinue all services affected as directed by the written notice, alnd (2)
deliver to the CITY all data, drawings, specifications, reports, estimates, summaries,
and such other information and materials as EDEN may have accumulated, preparedor
obtained in performing this Agreement, whether completed or in process.
12. GENERAL PROVISIONS.
12.1. This Agreement shall be governed by the laws, regulations and ordinances
of the City of Auburn, the State of Washington, King County, and where applicable,
Federal laws.
12.2. All claims, disputes and other matters in question arising out of, or relating
to, this Agreement or the breach hereof, except with respect to claims which have been
waived, will be decided by a court of competent jurisdiction in King County, Washington. .
Pending final decision of a dispute hereunder, EDEN and the CITY shall proc:eed
diligently with the performance of the. services and obligations herein.
12.3. In the event that any dispute or conflict arises between the parti.~s while
this Agreement is in effect, EDEN agrees that, notwithstanding such dispute c)r conflict,
EDEN shall continue to make a good faith effort to cooperate and continue work toward
successful completion of assigned duties and responsibilities.
12.4. The CITY and EDEN respectively bind themselves, their partners,
successors, assigns, and legal representatives to the other party to this Agrel~ment with
respect to all covenants to this Agreement.
Agreement for Professional Services AG-C-210
December 22, 2004
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12.5. This Agreement represents the entire and integrated Agreement between
the CITY and EDEN and supersedes all prior negotiations, representations or
agreements either oral or written. This Agreement may be amended only by written
instrument signed by both the CITY and EDEN.
12.6. Should it become necessary to enforce any term or obligation olF this
Agreement, then all costs of enforcement including reasonable attorneys fees and
expenses and court costs shall be paid to the substantially prevailing party.
12.7. EDEN agrees to comply with all local, state and federal laws applicable to
its performance as of the date of this Agreement.
12.8. If any provision of this Agreement is invalid or unenforceable, th<e
remaining provisions shall remain in force and effect.
12.9. This Agreement shall be administered by Elmer Bensinger, on behalf of
EDEN, and by the Mayor of the CITY, or designee, on behalf of the CITY. Any written
notices required by the terms of this Agreement shall be served on or mailed to the
following addresses:
City of Auburn
Attn: Tim Carlaw
25 W Main Street
Aubum WA 98001
Phone: 253.804.5060
Fax: 253.931.3053
E-mail: tcarlaw@auburnwa.gov
Eden Advanced Pest Technologies
Attn: Elmer Bensinger
3425 Stoll Road SE
Olympia WA 98501
Phone: 1.800.401.9935
Cell: 360.507.1014
Fax: 360.438.1663
E-mail: bensinger7@hotmail.com
12.10. All notices or communications permitted or required to be given under
this Agreement shall be in writing and shall be delivered in person or deposited in the
United States mail, postage prepaid. Any such delivery shall be deemed to h¡ave been
duly given if mailed by certified mail, retum receipt requested, and addressed to the
address for the party set forth in 12.9, or if to such other person designated by a party
to receive such notice. It is provided, however, that mailing such notices or <
Agreement for Professional Services AG-C-21 0
December 22, 2004
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communications by certified mail, retum receipt requested is an option, nota
requirement, unless specifically demanded or otherwise agreed.
Any party may change his, her, or its address by giving notice in writing, stating
his, her, or its new address, to any other party, all pursuant to the procedurE~ set forth in
this section of the Agreement.
12.11. This Agreement may be executed in multiple counterparts, ealch of which
shall be one and the same Agreement and shall become effective when on~~ or more
counterparts have been signed by each of the parties and delivered to the other party.
12.12. EDEN shall have and maintain a current Commercial Pesticid~~ Applicator
Company License. EDEN shall also provide the CITY with current copies olf the
Commercial Pesticide Applicator Company License listing the Company Employed
Commercial Operators.
Agreement for Professional Services AG-C-21 0
December 22, 2004
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CITY~~~~
Peter B Lewisl"ayor _____
Date M"Z..S' (rJ S -
ATTEST:
~¿fjél¿~
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel.
. "-'-
~ADVANCED PEST TECHNOLOGIES
¡::~:~
Federal Tax ID #
Agreement for Professional Services AG-C-210
December 22, 2004
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EXHIBIT A
SAMPLE ANNUAL CONTRACT TASK ASSIGNMENT DOCUMENIT
AGREEMENT #: AG-C-210
TASK#: EAPT-xxxx-XXJ~
CONSULTANT: Eden Advanced Pest Technoloaies
PROJECT #:
The general provisions and clauses of the Agreement referenced above shall be in full force
and effect for this Task Assignment.
Location of Project:
Maximum Amount Payable per this Task Assignment: $
Completion Date:
ScoDe of Work:
ADDrovals
Consultant Project Manager:
Signature:
Date:
Agency Project Manager:
Signature:
Date:
Agency Mayor:
Signature: Date:
Note: If this task order is over $25,000 then it must go before the Public Works Committee and
City Council for approval prior to the Mayor's signature.
Exhibit A - Sample Task Assignment
Agreement for Professional Services AG-C-21 0
Page 1 of 1
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EXHIBIT B
PROPOSED EDEN SERVICES
Eden Advanced Pest Technologies (EDEN) will provide mosquito larval surv.~illance to
provide an overview of mosquito breeding activity. Selection of larval monitoring sites
will be determined in location and number so as to give an adequate assessment of
emerging mosquito populations, especially mosquito species that are known vectors of
West Nile virus. Larval collections will be accomplished by "dipping". Surveillance data
will be updated in a timely manner.
Adult mosquito monitoring will be performed in areas where larval collection will not be
effective or in areas where tracking adult mosquito populations is deemed nE~cessary.
Adult monitoring will be done with CDC light traps and by observing landing c:ounts.
All surveillance will be performed in coordination with local authorities. SurvE!illance
activities will be conducted monthly, May through October (more surveillance may be
needed during period of warm wet weather depending on activity). Surveillance
services will be performed at a cost of $1,750 per month or $10,500 for the season for
23 ponds.
If predetermined thresholds of mosquito larvae are reached, the application of larvicides
will be made to key breeding sites. Methoprene will be the material of choicE~, however,
all materials will be approved by the local authority. Larvicide applications will be
performed in conjunction with the surveillance described above at an additional cost of
$1,748 per month prorated per pond or $10,488 for the season based upon :~3 ponds.
Surveillance and larval treatments for additional ponds can be added to this agreement
for $150 per month for ponds up to one acre (add $50 per pond for each additional acre
of surface area).
If it is deemed necessary to treat storm drain catch basins, applications of m.~thoprene
pellets at 10 gram per catch basin will be made. Labor costs will be an additional $150
an hour to apply methoprene pellets. If approved by local authority, XR Brick:ets at a
cost of $2.66 per catch basin, for a 150 day effective treatment, will be used instead of
the 30 day methoprene pellets treatment. Labor costs to apply will be $150 per hour.
Local authority will specify number and grids to be treated.
Localized applications for adult mosquitoes can be performed as deemed neœssary by
local authorities. Applications will be made with ULV backpack apparatus using
approved materials to quickly knock down adult populations. Adulticide applications will
be performed at a cost of $285 per hour (one hour minimum), including chemical costs.
Applications will be performed by a Certified Commercial Operator.
Exhibit B - Proposed Eden Services
Agreement for Professional Services AG-C-21 0
Page 1 of 4
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Eden Advanced Pest Management will conduct ground based ULV applications in order
to suppress adult mosquitoes. These treatments will be conducted to protect man and
domestic animals from harassment and diseases that mosquitoes can carry. These
services are part of an Integrated Mosquito Management program and compliment the
other efforts being performed to reduce the spread of West Nile Virus.
Ground based UL V treatments will be conducted in coordination with the City and will
be part of a larger Integrated Mosquito Management program. Applications will be
made with the ElectraMist EM-4000. This is the state of the industry electril: UL V
application unity, which permits the tracking of routes, treated with a GPS based unity.
All information on treatments will be kept in a database and these records will be sent
to the contracting authority after each application cycle is completed (one weekly).
Adulticiding services will be performed at a cost of $46.00 per street mile, including
chemical costs. Treatment grids and specific street routes will be determim!d and
agreed upon prior to application.
All applicable provisions and specifications of this proposal will be agreed upon by both
parties before any applications of adulticides are made. All applications will be made in
accordance to Federal, State and local laws governing the proper use of adulticides for
mosquito control. This will be done to protect the interests of both parties and provide a
concise format for conducting applications of adulticides to control adult mosquitoes. In
order to conduct these operations in the correct manner Eden Advanced PE!st
Technologies will follow Best Management Practices (BMP's) approved by the
Washington State Department of Agriculture. These BMP's were issued to guard
against the inappropriate use of adulticides and to provide a margin of safely while
using these products to suppress adult mosquitoes.
In the event of a wide area public health emergency caused by West Nile Virus or
another disease transmitted by mosquitoes, it may be necessary to expand coverage in
certain areas by making aerial applications. These types of services are not offered by
Eden Advanced Pest Technologies.
EDEN Responsibility
1. Ground based UL V application systems
2. Calibration of equipment and swath width checks
3. Recording equipment for applications
4. list of approved insecticides for use in urban and rural areas
5. Responsibility for Insecticides
6. Insurance
7. Wage determination for treatment by the linear mile
Exhibit B - Proposed Eden Services
Agreement for Professional Services AG-C-210
Page 2 of 4
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CITY Responsibility
1. Notification of public intent to spray for adult mosquito control
2. Maps, information, and briefings about progress in other areas of the IMM
program .
3. Site inspections and data collected about adult mosquitoes to help optimize
treatments for adults
4. Hold Harmless agreement
5. Payment system for work completed
Exhibit B - Proposed Eden Services
Agreement for Professional Services AG-C-210
Page 3 of 4
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LIST OF 23 WET PONDS
ponel Surface Area Square
Facility Name Footage
Lakeland Hills Mill Pond 37,056
Glacier Park 1 74,073
Racetrack 14,418
Velvet Square 1,891
Riverwalk North 20,263
Llovd's Pit North 15,702
Eastpoint Pond 11,789
277th East 4,105
Webster Place 18,553
Eaale Run 1,947
Summer Field Estates 7,957
Roval Hills Track B 6,607
Royal Hills Track D 4,719
Campus Rim 13,568
Opus 63,402
Glen Cara 5,411
Lloyds Pit Vault 856
L TPE #2 39,772
L TPE #1 25,123
277th West 2,601
Lakeland Hills Wav North 16,117
Lakeland Hills Way South 14,375
Vista Heights 105,000
Exhibit B - Proposed Eden Services
Agreement for Professional Services AG-G-21 0
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CONSULTANT INVOICES
Consultant invoices should contain the following information:
· On consultant letterhead.
· A cover letter stating the status of each task. This should include items completed,
percent completed during the billing period and completion along with funding
status.
· Internal invoice number and/or sequential numeric number (I.e.: progress payment #
10).
· Invoice date.
· Period of time invoice covers.
· Consultant Agreement # (I.e.: AG-C-010).
· Project number(s) listed (I.e.: PR562).
· City's project manager listed.
· The hour(s) per person broken down by task(s) (attach timesheets, spreadsheet
detailing timesheets, or some other form of proof) along with type of work done (I.e.:
design, right-of-way, or construction) or task order number.
· Direct salary (base salaries)
· Indirect salary (benefits)
· Direct non-salary (I.e.: mileage, reproduction fees (I.e.: printing, copying),
communication fees (I.e.: telephone), supplies, computer charges, subcl)nsultants),
indirect non-salary (overhead). The City does not pay for consultant meals unless
part of a task requires travel outside of the greater Seattle, Tacoma, ancl Everett
area. These costs are to be broken down and backup information is to be attached
to invoice. Project managers are to inform consultants as to what is required for
break down information and if backup information is to be attached. Bre,ak out the
same for subconsultant charges.
· Previous and remaining base contract amounts left in each task and total contract -
total authorized amount (bottom line figure). Add amendments to this base contract
amount for total authorized amount.
· Percentage of work completed to date compared to total amount of wo~: (if required
by the project manager).
· Status of Management Reserve Fund (MRF) (I.e.: a certain task) until WE! can get an
amendment in place.
· Invoices for previous year are due by January 13th.
· For granUspecial funded projects there might be other special information needed,
reference the LAG manual.
Consultant Invoices
Agreement for Professional Services AG-C-210
Page 1 of2
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. SAMPLE INVOICE
City of Auburn
25 West Main
Auburn WA 98001
Attn: Scott Nutter (Project Engineer)
Agency Agreement #: AG-C-010
Invoice #: 5222
Progress Payment #: 2
Invoice Date: February 10, 2002
Project Name: Thomas Nielson Farm
Project #: PR562
Engineering Services performed during the period of: January 2002
SAMPLE ENGINEERING, INC.
Personnel Hours Hourly Rate Amount
Mike Jones, Princical in Char¡¡e 1 $ 125.00 $ 125.00
Carta Maker, Architect 5 $ 72.00 $ 360.00
Joe Smith, Word Processina 10 $ 48.00 $ 480.00
Consultant Personnel Subtotal $ 965.00
ª
ª
Ex....nses (see attached documentation) Charoes Multiplier Amount
Mileaae ($0.405/mile\ 20 miles xU $ 8.91
Communications $. 30.00 x1.1 $ 33.00
Printinc $ 29.00 xU $ 31.90
Consultant Exøenses Subtotal $ 73.81
Consultant Total:
$ 1,038.81
SUB CONSULTANTS (see attached documentation)
Subconsultant Hours Hourtv Rate Amount
ABC Environmental, Inc., Civil Enaineer 10 $ 100.00 $ 1,000.00
Electrical Consultina, Electrical Enaineer 5 $ 100.00 500.00
Mechanical Solutions, Mechanical Enaineer 10 $ 100.00 MRF 1,000.00
Movinc Comnanv, Movino Consultant 2 $ 50.00 100.00
SubconsuhantSubtotal $ 2,600.00
Subtotal x 1.1 MultiDlier $ 2,860.00
Subconsultant Total:
$ 2,860.00
_"_"_h_n_n_.._.___._.._.._.._.'_"_"_"_h_"_h_"_.._.._n_n_n_n__'_"_"_"_n_______"_"____n_n_n_n_..__._.._.._h_'.__._u_n_n_n_u____""_n__'_"_"_h_'._n__n
:.r.5?:.r.~~P_lJ_r:_!~I~_I.~~C:>.I~_r:_n__n_n__._._.._.__n_n_.._.._.._n_n_n_n__.._._._n_n_n_n_n__n___..__..~..~!!~~:~!n_...
CONTRACT BREAKDOWN
Amount Total Invoiced % % Amount
Task Authorized Prior Invoiced This Invoice To Date Excended Comcleted Remainino
Original
Contract $ 22,000.00 $ 1,025.00 $ 2,898.81 $ 3,923.81 17.8% 2!¡% $ 18,076.19
MRF' 2 500.00 0.00 1,000.00 1,000.00 40% 4fi% 1,500.00
TOTAL $ 24,500.00 $ 1,025.00 $ 3,898.81 $ 4,923.81 $ 19576.19
Note: MRF=Management Reserve Fund
. Received a written authorization of MRF on 1/10/01 for Mechanical Engineer task in the amount
of $2,000.00.
Consultant Invoices
Agreement for Professional Services AG-G-21 0
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