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HomeMy WebLinkAboutEden Advanced Pest Technologies AG-S-025,A-, 3,16 q CITY OF AUBURN AGREEMENT FOR SERVICES AG-S-025 THIS AGREEMENT made and entered into on this ~ day of , 2009, by and between the City of Auburn, a municipal corporation of the State Washington, hereinafter referred to as "City" and Eden Advanced Pest Technologies, 3425 Stoll Rd SE, Olympia WA 98501, hereinafter referred to as the "Provider." WITNESSETH: WHEREAS, the City is in need of the services of individuals, employees or firms for monitoring and possible treatment of mosquito larval sites; and, WHEREAS, the City desires to retain the Provider to provide said services in connection with the City's work; and, WHEREAS, the Provider is qualified and able to provide services in connection with the City's needs for the above-described work, and is willing and agreeable to provide such services upon the terms and conditions herein contained. NOW, THEREFORE, the parties hereto agree as follows: Scope of Services The Provider agrees to perForm in a good and professional manner the tasks described on Exhibit "A" which is attached hereto and by this reference made a part of this Agreement. (The tasks described on Exhibit "A" shall be individually referred to as a"task," and collectively referred to as the "services.") The Provider shall perForm the services as an independent contractor and shall not be deemed, by virtue of this Agreement and the perFormance thereof, to have entered into any partnership, joint venture, employment or other relationship with the City. 2. Additional Services In the event additional services with respect to related work are required beyond those specified in the Scope of Work, and not included in the compensation listed in this Agreement, a contract amendment shall be set forth in writing and shall be executed by the respective parties prior to the Provider's performance of the _ services there under, except as may be provided to the contrary in Section 3 of this Agreement. Upon proper completion and execution of an Amendment (agreement for additional services), such Amendment shall be incorporated into this Agreement and shall have the same force and effect as if the terms of such Amendment were a part of this Agreement as originally executed. The performance of services pursuant to an Amendment shall be subject to the terms and conditions of this Agreement except where the Amendment provides to the contrary, in which case the terms and conditions of any such Amendment shall Service Agreement AG-S-025 Page 1 of 13 control. In all other respects, any Amendment shall supplement and be construed in accordance with the terms and conditions of this Agreement. 3. Performance of Additional Services Prior to Execution of an Amendment The parties hereby agree that situations may arise in which services other than those described on Exhibit "A" are desired by the City and the time period for the completion of such services makes the execution of Amendment impractical prior to the commencement of the Provider's performance of the requested services. The Provider hereby agrees that it shall perForm such services upon the written request of an authorized representative of the City pending execution of an Amendment, at a rate of compensation to be agreed to in connection therewith. The invoice procedure for any such additional services shall be as described in Section 7 of this Agreement. 4. Provider's Representations The Provider hereby represents and warrants that the Provider has all necessary licenses and certifications to perForm the services provided for herein, and is qualified to perform such services. 5. Responsibilities The City shall do the following in a timely manner so as not to delay the services of the Provider: a. Designate in writing a person to act as the City's representative with respect to the services. The City's designee shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to the services. b. Notification of public intent to spray for adult mosquito control. c. Maps, information, and briefings about progress in other areas of the Integrated Mosquito Management (IMM) program. The Provider shall be responsible for the following: a. List of approved insecticides for use in urban and rural areas. b. Responsibility for insecticides. 6. Acceptable Standards The Provider shall be responsible to provide, in connection with the services contemplated in this Agreement, work products and services of a quality and professional standard acceptable to the City. 7. Compensation As compensation for the Provider's perFormance of the services provided for herein, the City shall pay the Provider the fees and costs specified on Exhibit "B" which is attached hereto and by this reference made a part of this Agreement (or as specified in an Amendment). The Provider shall submit to the City an invoice or statement of time spent on tasks included in the scope of work provided herein, Service Agreement AG-S-025 Page 2 of 13 and the City shall process the invoice or statement in the next billing/claim cycle following receipt of the invoice or statement, and shall remit payment to the Provider thereafter in the normal course, subject to any conditions or provisions in this Agreement or Amendment. The Agreement number must appear on all invoices submitted. The total cost of all tasks included in the Scope of Services and Potential Additional Services shall not exceed $60,000.00. 8. Time for Performance and Term of Aqreement The Provider shall not begin any work under this Agreement until authorized in writing by the City. The Provider shall perForm the services provided for herein during the months of May through September, 2009. The Term of this Agreement shall terminate on October 15, 2009. 9. Ownership and Use of Documents All documents, reports, memoranda, diagrams, sketches, plans, surveys, design calculations, working drawings and any other materials created or otherwise prepared by the Provider as part of his perFormance of this Agreement (the "Work Products") shatl be owned by and become the property of the City, and may be used by the City for any purpose beneficial to the City. 10. Records Inspection and Audit All compensation payments shall be subject to the adjustments for any amounts found upon audit or otherwise to have been improperly invoiced, and all records and books of accounts pertaining to any work performed under this Agreement shall be subject to inspection and audit by the City for a period of up to three (3) years from the final payment for work perFormed under this Agreement. 11. Continuation of PerFormance In the event that any dispute or conflict arises between the parties while this Contract is in effect, the Provider agrees that, notwithstanding such dispute or conflict, the Provider shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. 12. Administration of Agreement This Agreement shall be administered by Elmer Bensinger on behalf of the Provider, 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: Citv of Auburn Tim Carlaw, Storm Drainage Engineer 25 W Main St Auburn, WA 98001-4998 Phone: 253.804.5060 Fax: 253.931.3053 E-mail: tcarlaw@auburnwa.gov Eden Advanced Pest Technoloqies Elmer Bensinger 3425 Stoll Rd SE Olympia, WA 98501 P hone: 1. 800.401.9935 Cell: 360.507.3968 E-mail: elmer@edenpest.com Service Agreement AG-S-025 Page 3 of 13 13. Notices. All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered in person or deposited in the United States mail, postage prepaid, for mailing by certified mail, return receipt requested, and addressed, if to a party of this Agreement, to the address for the party set forth above. Either party may change his, her or its address by giving notice in writing, stating his, her or its new address, to the other party, pursuant to the procedure set forth above. 14. Insurance The Provider shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Provider, or the Provider's agents, representatives, employees, or subcontractors. Provider's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Provider to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Service Provider shall obtain insurance of the types described below: a. Automobile Liability insurance, covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Provider shall maintain automobile insurance with minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. b. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, prod ucts-com pleted operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Cornpleted Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. Commercial General Liability insurance shall be written with limits no less than Service Agreement AG-S-025 Page 4 of 13 $1,000,000 each occurrence, $2,000,000 general aggregate, and a$2,000,000 products-completed operations aggregate limit. c. Worker's Compensation coverage as required by the Industrial Insurance laws of the State of Washington. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: a. The Provider's insurance coverage shall be primary insurance as respects the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Provider's insurance and shall not contribute with it. b. The Provider's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City. Insurance is to be placed with an authorized insurer in Washington State. The insurer must have a current A.M. Best rating of not less than A:VII. Provider shall furnish the City with certificates of insurance and a copy of the amendatory endorsements, inctuding but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Provider before commencement of the work. 15. Indemnification/Hold Harmless The Provider shall defend, indemnify and hold the City and its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Provider and the City, its officers, officials, employees, and volunteers, the Provider's liability hereunder shall be only to the extent of the Provider's negligence. tt is further specifically and expressly understood that the indemnification provided herein constitutes the Provider's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. Service Agreement AG-S-025 Page 5 of 13 16. Assiqnment Neither party to this Agreement shall assign any right or obligation hereunder in whole or in part, without the prior written consent of the other party hereto. No assignment or transfer of any interest under this Agreement shall be deemed to release the assignor from any liability or obligation under this Agreement, or to cause any such liability or obligation to be reduced to a secondary liability or obligation. 17. Nondiscrimination The Provider may not discriminate regarding any services or activities to which 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. 18. Amendment, Modification or Waiver No amendment, modification or waiver of any condition, provision or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound, or such party's or parties' duly authorized representative(s) and specifying with particularity the nature and extent of such amendment, modification or waiver. Any waiver by any party of any default of the other party shall not affect or impair any right arising from any subsequent default. Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant to this Agreement. 19. Termination and Suspension Either party may terminate this Agreement upon written notice to the other party if the other party fails substantially to perform in accordance with the terms of this Agreement through no fault of the party terminating the Agreement. The City may terminate this Agreement upon not less than seven (7) days written notice to the Provider if the services provided for herein are no longer needed from the Provider. If this Agreement is terminated through no fault of the Provider, the Provider shall be compensated for services performed prior to termination in accordance with the rate of compensation provided in Exhibit "B" hereof. 20. Parties in Interest This Agreement shall be binding upon, and the benefits and obligations provided for herein shall inure to and bind, the parties hereto and their respective successors and assigns, provided that this section shall not be deemed to permit any transfer or assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive benefit of the parties hereto and it does not create a contractual relationship with or exist for the benefit of any third party, incfuding contractors, subcontractors and their sureties. Service Agreement AG-S-025 Page 6 of 13 21. Costs to Prevailinq Party In the event of such litigation or other legal action, to enforce any rights, responsibilities or obligations under this Agreement, the prevailing parties shall be entitled to receive its reasonable costs and attorney's fees. 22. Applicable Law This Agreement and the rights of the parties hereunder shall be governed by and interpreted in accordance with the laws of the State of Washington and venue for any action hereunder shall be in of the county in Washington State in which the property or project is located, and if not site specific, then in King County, Washington; provided, however, that it is agreed and understood that any applicable statute of limitation shall commence no later than the substantial completion by the Provider of the services. 23. Captions Headinqs and Titles All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for convenience of reference only and shall not constitute a part of this Agreement or act as a limitation of the scope of the particular paragraph or sections to which they apply. As used herein, where appropriate, the singular shall include the plural and vice versa and masculine, feminine and neuter expressions shall be interchangeable. Interpretation or construction of this Agreement shall not be affected by any determination as to who is the drafter of this Agreement, this Agreement having been drafted by mutual agreement of the parties. 24. Severable Provisions Each provision of this Agreement is intended to be severable. If any provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. 25. Entire Aqreement This Agreement contains the entire understanding of the parties hereto in respect to the transactions contemplated hereby and supersedes atl prior agreements and understandings between the parties with respect to such subject matter. 26. Counterparts This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and year first set forth above. Service Agreement AG-S-025 Page 7 of 13 CITY OF AUBURN v Peter B. Lewis, Mayor Attest: , ' Dan' Ile Daskam City Clerk EDEN ADVANCED PEST TECHNOLOGIES ~ Signature Name: Title: Signature Name: Title: Service Agreement AG-S-025 Page 8 of 13 Approved as to form: EXHIBIT A SCOPE OF SERVICES Eden Advanced Pest Technologies (EDEN) will provide mosquito larval surveillance 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. Data sheets showing larvae counts and larvacide application will be provided with the service invoice. Adult mosquito monitoring witl be performed in areas where larval collection will not be effective or in areas where tracking adult mosquito populations is deemed necessary. Adult monitoring will be done with CDC light traps and by observing landing counts. All surveillance will be performed in coordination with local authorities. Surveillance activities will be conducted monthly, May through September (more surveillance may be needed during period of warm wet weather depending on activity). 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. Wet Ponds No. Facili Name Location intersection Descri tion 1 Auburn West 59 Avenue S 59 Ave S& S 294 St SW corner of intersection 2 Cedar Rid e Estates 55 Place S n/a - south of S 296 St Nearest address # 29626 3 Meadowfield Rid e 54 Court S n/a - north of S 296 St Nearest address # 29503 4 Greenwood Lane S 303` Place S 303` PI & 515 Ave S SE corner of intersection 5 Llo ds Pit North Terrace Drive NW Terrace Dr NW & 15 St NW SE corner of intersection 6 Race Track Emerald Downs Drive NW Emerald Downs Dr & 37 St NW SW corner of intersection 7 Glacier Park D Street NW n/a - west side of D St NW Nearest address # 5002 8 277 West 78 Ave S 78 Ave S& S 277 St NE corner of intersection 9 277 East B St NW B St NW & S 277 St SE corner of intersection 10 Emerald aka O us 42" Street NW 42" St NW & C St NE NW corner of intersection 11 C St SW & H 18* C Street SW C Street SW & 3` St SW West side of C St SW 12 Velvet S uare O Court SE O Ct SE & 20 Ct SE SW corner of intersection 13 Swan Flats" 37 Court SE 37 Ct SE & Juni er Lane SE SW corner of intersection 14 Riverwalk North 28 Street SE 29 St SE & Riverwalk Dr SE NW corner of intersection 15 Mill Pond Mill Pond Drive SE Mill Pond Dr SE & Oravetz Rd SE NE corner of intersection 16 Lakeland Hills Wa N Lakeland Hills Wa SE Lakeland Hills Wa SE & A St SE NE corner of intersection 17 Lakeland Hills Wa S Lakeland Hills Wa SE Lakeland Hills Wa SE & A St SE SE corner of intersection 18 Vista Hei hts A St SE n/a - east side of A St SE South of LHWS ond 19 Trillium Lake Ta s Parkwa SE L T Pk SE & East Valle H SE NW corner of intersection 20 LTPE1 East Valle Access Road South access Rd & Lake Ta s Pk NW corner of intersection 21 LTPE2 Lake Ta s Parkwa SE n/a - north side of Lake Ta s Pk West of Sunset Park 22 East ointe 62" Loo SE n/a - east side of 62" Loo SE Nearest address # 2121 AG-S-025 Page 9 of 11 No. Facilit Name Location Intersection Description 23 Lake Ta s Pk 1" Lake Ta s Parkwa SE n/a - south side of Lake Ta s Pk West of Charlotte Ave SE 24 Lake Ta s Pk 2" Lake Ta s Parkwa SE n/a - north side of Lake Ta s Pk East of Franklin Avenue SE 25 Auburn Hills* SE 319 Court 110 Ave SE & SE 319 Ct East end of SE 319 Ct 26 Ro al Hills B SE 316 Place SE 316 PI & 112 Ave SE NE corner of intersection 27 Summerfield Estates SE 320 Street n/a north side of SE 320 Street Nearest address # 11504 28 Ro al Hill D 112 Avenue SE 112 Ave SE & SE 314 Place SE corner, access from 112 29 Arbor View" 114 Avenue SE 114 Ave SE & SE 315 Street NE corner of intersection 30 Ea le Run 114 Avenue SE n/a - east side of 114 Ave SE Nearest address # 31501 31 Cam us Rim 114 Avenue SE 114 Ave SE & SE 316 Place SE corner of intersection 32 Rainier Rid e 1 126 Avenue SE 126 Ave SE & SE 318 Wa Nearest address # 31809 33 Rainier Rid e 2 SE 318 Wa n/a - south side of SE 318 wa Nearest address # 12727 34 Duber Hills 3* 132" Avenue SE 132" Ave SE & SE 299 Street NW corner of intersection 35 Duber Hills 4* 132 Avenue SE n/a - west side of 132" Ave SE North of Duber Hills 3 ond 36 Sunset Meadows SE 282" Street SE 282" St & 132" Ave SE NW corner of intersection 37 Duber Hills 2 SE 299 Street SE 299 St & 129 Place SE South of intersection 38 Duber Hills 1 124 Avenue SE 124 Ave SE & SE 298 Place SE SE corner of intersection 39 C stal Meadows SE 304 Court SE 304 Ct & 121 Place SE East end of SE 304 Ct 40 Hazel Park East" 120 Avenue SE n/a - eastside of 120 Ave SE Nearest address # 30340 41 Rid e at Willow Park'' SE 304 Street SE 304 St & 127 Place SE West of 127 Place SE 42 Willow Park ond 2'' SE 306 Court SE 306 Ct & 127 Place SE West end of SE 306 Court 43 Ha adorn Park SE 305 Court SE 305 Ct & 130 Ave SE West end of SE 305 Court 44 Flora Park SE 305 Place SE 305 PI & 130 Ave SE West end of SE 305 Place 45 Kin sle Meadows 2 SE 307 Place SE 307 PI & 124 Ave SE SW corner of intersection 46 Kin sle Meadows 1 SE 307 Place SE 307 PI & 122" Ave SE West of 122" Ave SE 47 Kendall Hei hts 2* SE 310 Street SE 310 St & 116 Ave SE NE corner of intersection 48 Kendall Hei hts 1 SE 310 Street SE 310 St & 116 Ave SE SE corner of intersection 49 Hazelwood Crest 116 Avenue SE 116 Ave SE & SE 309 St Eastside of 116 Ave SE 50 Carrin ton Bluff 2 116 Avenue SE 116 Ave SE & SE 3015 Place North side of intersection 51 Carrin ton Bluff 1 SE 3015 Wa SE 3015 Wa & 112 Ave SE NE corner of intersection 52 Pacific Rid e 2 SE 306 Street SE 306 St & 112 Ave SE Tr D north side of SE 306th 53 Cambrid e Pointe 112 Avenue SE 112 Ave SE & SE 304 Street NE corner of intersection 54 Carrin ton Meadows 2 S 299 Place S 299 PI & 112 Ave SE SE corner of intersection 55 Carrin ton Meadows 1 SE 298 Place SE 298 PI & 114 Wa SE Nearest address # 11362 56 Auburn Place 1 SE 296 Street SE 296 Sf & 112 Ave SE SE corner of intersection 57 Auburn Place 2"' 114 Avenue SE n/a - eastside of 114 Ave SE North of Auburn Place 1 ond 58 Wcklund* SE 293` Street west end of 293` ast 107 Ave SE Nearest address # 10600 59 River Rim* SE 290 Street west end of 209 ast 108 Ave SE Nearest address # 10615 60 White Mountain Trails` SE 118 AVe SE SE 118 Ave SE & SE 290 Place West side of intersection 61 LeaAnn Meadows 110th Place SE 110 PI SE & SE 304 Place W corner of intersection 62 Glen Kara SE 304 Street SE 304 St & 100 Ave SE SE corner of intersection , new for 2009 AG-S-025 Page 10 of 11 EXHIBIT B Fee Schedule 62 Ponds as Specified in Scope of Services Surveillance Services $ 7,750.00 per month Larvicide Application, as needed $ 4,712.00 per month, pro-rated per pond ($76.00/pond) Potential Additional Services Surveillance & Larvide $150.00 per month for ponds up to 1 acre, plus Applications $50 per pond for each additional acre of surface area Treat Storm Drain Catch Basins $150 per hour for labor with applications of inethoprene pellets at 10 gram per catch basin Treat Storm Drain Catch Basins $150 per hours for labor, with XR Brickets Localized applications with ULV $285 per hour for labor (one hour minimum) backpack apparatus for adult including chemical costs mos uitoes Adulticidin Services $46.00 er street mile, includin chemical costs AG-S-025 Page 11 of 11