HomeMy WebLinkAboutEden Advanced Pest Technologies AG-S-007
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CITY OF AUBURN
AGREEMENT FOR SERVICES
AG-S-007
THIS AGREEMENT made and entered into on this /11 ti. day of~~ ,
2006, by and between the City of Auburn, a municipal corporation of the State of Washington,
hereinafter referred to as "City" and Eden Advanced Pest Technologies. 3425 Stoll Rd SE.
Olvmnia W A 98501, hereinafter referred to as the "Provider."
WITNESSETH:
WHEREAS, the City is in need of the services of individuals, employee:s 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 conn(~ction with the
City's needs for the above-described work, and is willing and agreeable to provid(~ such services
upon the terms and conditions herein contained.
NOW, THEREFORE, the parties hereto agree as follows:
1. 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 eontractor and shall not be deemed, by virtue of this Agrec~ment 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 control.
In all other respects, any Amendment shall supplement and be construed in accordance
with the terms and conditions of this Agreement.
Exhibit A
AG-S-007
Page 10f8
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 Agreeinent.
4. Provider's Representations.
The Provider hereby represents and warrants that the Provider has all nec(~ssary licenses
and certifications to perform the services provided for herein, and is qualified to perform
such services.
5. ResDonsibilities. .
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 IMM program
d. Site inspections and data collected about adult mosquitoes to help optimize treatments
for adults
The Provider shall be responsible for the following:
a. Ground based UL V application systems
b. Calibration of equipment and swath width checks
c. Recording equipment for applications
d. List of approved insecticides for use in urban and rural areas
e. 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.
Exhibit A
AG-S-007
Page 2 of 8
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, 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 Provid.er 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
$22,000.
8. Time for Performance and Term of Agreement.
The Prpvider shall not begin any work under this Agreement until authorized in writing
by the City. The Provider shall perform the services provided for herl~in during the
months of March through October 2006. The Term of this Agreement shall terminate on
October 31, 2006.
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") shall 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:
Exbtbit A
AG-S-007
Page 3 of8
City of Auburn
Tim Carlaw, Storm Drainage Engineer
25 W Main St
Auburn, W A 98001-4998
Phone: 253.804.5060
Fax: 253.931.3053
E-mail: tcarlaw@auburnwa.gov
Eden Advanced Pest Technologies
Elmer Bensinger
3425 Stoll Rd SE
Olympia W A 98501
Phone: 1.800.401.9935
Fax: 360.507.1014
E-mail: bensinger7@hotmail.com
13. Notices.
All notices or communications permitted or required to be given under 1ms 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 certitiied 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, products-completed operations, stop gap liability, personal injury and
advertising injury, and liability assumed under an insured contract. 111le 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
Exhibit A
AG-S-007
Page 4 of8
respect to the work performed for the City using ISO Additional Insured endorsement
CG 20 10 10 Oland Additional Insured-Completed 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 $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 Insuran.ce 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 Liablity 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 ofthe 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, including 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 offic:ers, 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 b()dily 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 Pro~der's negligencc;:. It is further
specifically and expressly understood that the indemnification provided herein constitutes
the Provider's waiver of immunity under Industrial Insurance, Tittle 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.
Exhibit A
AG-S-007
Page 5 of8
16. Assignment.
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 th(: 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 repres(mtative(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 SusDension.
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 \vith 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 sectio:l 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, including contractors, sub-contractors and their sureties.
Exlubit A
AG-S-007
Page 6 of8
21. Costs to Prevailing 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 st~rvices.
23. Caotions. Headings 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 inc:lude the plural
and vice versa and masculine, feminine and neuter expressions shall be interchangeable.
Interpretation or construction of this Agreement shall not. be affi~cted 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 Agreement.
This Agreement contains the entire understanding of the parties hereto in respect to the
transactions contemplated hereby and supersedes all prior agreements and lmderstandings
between the parties with respect to such subject matter.
26. Countemarts.
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.
Exhibit A
AG-S-007
Page 7 of8
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
effective the day and year fIrst set forth above.
CITY OF A~? ~_ EDEN ADVANCED"I'EST TECHNOLOGIES
Peter B. Lewis, Mayor
Attest:
~.
Danielle Daskam City Clerk
Exhibit A
AG-S-007
Page 8 of8
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Signature
Name: E~~~~ /.?e/v..5/~~..eK'
Title: 0 111 ~ c leAl( Cr.. r .5 q' t'e S'
EXHIBIT A
SCOPE OF SERVICES
Eden Advanced Pest Technologies (EDEN) will provide mosquito larval surveillance to provide an
overview of mosquito breeding activity. Selection oflarval 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 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, March through October (more surveillance may be ne(~ded 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.
POTENTIAL ADDITIONAL SERVICES
If it is deemed necessary to treat storm drain catch basins, applications of methoprc~ne pellets at
10 gram per catch basin will be made. If approved by local authority, XR Brickets for a 150 day
effective treatment will be used instead of the 30 day methoprene pellets treatment. Local
authority will specify number and grids to be treated.
Localized applications for adult mosquitoes can be performed as deemed necessary by local
authorities. Applications will be made with-UL V backpack apparatus using approved materials
to quickly knock down adult populations. Applications will be performed by a Certified
Commercial Operator.
Eden Advanced Pest Management will conduct ground based UL V 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 electric 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).
Exlnbit A
AG-S-007
Page 1 of2
Treatment grids and specific street routes will be determined and agreed upon prior to
application for adulticiding services.
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 ofadulticides for mosquito control. This
will be do~e to protect the interests of both parties and provide a concise format rc)r conducting
applications of adulticides to control adult mosquitoes. In order to conduct these operations in
the correct manner Eden Advanced Pest Technologies will follow Best Managemt~nt 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 safety
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 c:ertain areas by
making aerial applications. These types of services are not offered by Eden Advanced Pest
Technologies.
LIST OF 23 WET PONDS
Pond Surface Area Square I
Facility Name 'Footage
Lakeland Hills Mill Pond 37,056
Glacier Park 1 74,073
Racetrack 14,418
Velvet Sauare' 1,891
Riverwalk North 20,263
Lloyd's Pit North 15,702
Eastooint Pond 11,789
277th East 4,105
Webster Place 18,553
Eagle Run 1,947
Summer Field Estates 7,957
Royal Hills Track B 6,607
Royal Hills Track D 4,719
Camous Rim 13,568
Opus 63,402
Glen Cara 5,411
L10yds Pit Vault 856
L TPE #2 39,772
L TPE #1 25,123
277th West 2,601
Lakeland Hills Way North 16,117
Lakeland Hills Way South 14,375
Vista Heights 105,000
Exhibit A
AG-S-007
Page 2 of2
Exhibit B
Fee Schedule
23 Ponds as S cified in Sco
Surveillance Services
Larvicide A lication, as needed
r ond. ($76.0~/pond) I
Potential Additional Services
Surveillance & Larvide Applications
$150.00 per month for ponds up to 1 acre, plus $50 per
ond for each additional acre of surface area
$150 per hour for labor
Treat Storm Drain Catch Basins with
applications of methoprene pellets at
lOam er catch basin
Treat Storm Drain Catch Basins with
XR Brickets
Localized applications with UL V
backpack apparatus for adult
mos uitos.
Adulticidin Services
$150 per hours for labor
$285 per hour for labor (one hour minimum) including
chemical costs
$46.00 r street mile, includin chemical costs.
Exhibit B
AG-S-007
Page 1 of 1