HomeMy WebLinkAboutEden Advanced Pest Technologies AG-S-048
CITY OF AUBURN
AGREEMENT FOR SERVICES
AG-S-048
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THIS AGREEMENT made and entered into on this day of
2011, by and between the City of Auburn, a municipal corporation of the tate of
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:
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 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
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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. Maps, information, and briefings about progress in other areas of the Integrated
Mosquito Management (IMM) program.
c. Public notification of the intent to spray for adult mosquito control.
The Provider shall be responsible for the following:
a. List of approved pesticides for use in urban and rural areas.
b. Responsibility for pesticide applications.
c. Aquatic Mosquito Control NPDES permit
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.
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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
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 Agreement
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, 2011. The Term of this Agreement
shall terminate on October 30, 2011.
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.
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12. Administration of Agreement
This Agreement shall be administered by Stan Dawkins 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:
City of Auburn Eden Advanced Pest Technologies
Tim'Carlaw, Storm Drainage Engineer. Stan Dawkins
25 W Main St 3425 Stoll Rd SE
Auburn, WA 980014998 Olympia, WA 98501,
Phone: 253.804.5060 Phone:. 503.209.5166
Fax: 253.931.3053 Phone: 800.401.99.35
E-mail: tcarlaw@auburnwa.gov E-mail: stan@edenpest.com
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 performarice 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. Cove, rawshall be written on.lnsurance Services Office (ISO)
form CA 00 01 or a ,:substitute form providing equivalent liabilitycoverage. 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.
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b. Commercial: Genera l 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. 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-Completed Operations endorsement
CG 20 371001 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 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 ANIL
Provider shall furnish the City with certificates of insurance and a copy of the
amendatory endorsements, includirig.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,.ansi.ng out of or in connection with the
performance of this Agreement, except for injuries and damages caused by the
sole negligence of the City.
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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. It 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.
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 the assignor from any liability or obligation under this Agreement, or to
cause any such.Iiability,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.
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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 partieshereto and their respective
successors and assigns, provided that this section 'Shall, not be deemed to permit
any transferor 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, subcontractors and their sureties.
.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 services.
23. Captions. 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
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 'inva'lid 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
understandings between the parties with respect to such'subject matter.
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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 WITNESSWHEREOF, the parties hereto have caused this Agreement to be
executed effective the'- day year first-set forth above.
CI AUBURN EDEN ADVANCED PEST TECHNOLOGIES
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Peter B.. Lewis, Mayor Signature
Name: 5>T7*r~j b wILi
Attest: Title: B-CTW . 0(-. O(J64.ft 1NS
Federal Tax ID No:
Danielle. Daskarri City Clerk
Approved as to form:
Dan el B Hei , City ttorne
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EXHIBIT A
SCOPE OF SERVICES
Ed'en.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. Reports showing larvae counts and larvacide
application will.be. provided to the City by online access.
All surveillance will be performed,-in coordination with local authorities. Surveillance
activities will be conducted monthly, Maythrough 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: Vectolex will be the lavacide of choice; however, all
materials will be approved by the local authority. _ Larvicide applications will be
performed in •conjunction with the surveillance described.
Adult mosquito monitoring may 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.
Additional services may be requested to respond to an elevated WNV alert level issued
by the Health Department.
Wet Ponds
No. Facility Name. Location Intersection Description
1 Auburn West 59 Avenue S 59 Ave S & S 294 St SW'corner of intersection
2 Cedar Ridge Estates 55 Place S n/a -south of S 296 St Nearest address # 29626
3 Meadowfield Ride 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 comer of intersection
5 . Lloyds it 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 East B St NW B St NW & S 277 St SE corner of intersection
9 Emerald aka Opus 42". Street NW 42" St NW & C St NE NW corner of intersection
10 C St SW & H 18 C_Street SW C Street SW & 3 . St SW West side of C St SW
11 Velvet S uare O Court SE O Ct SE & 20 Ct SE SW corner of intersection
12 Swan Flats 37 Court SE 37 Ct SE & Juniper Lane SE SW corner of intersection
.13 Riverwalk North 28 Street SE 29 St SE & Riverwalk Dr SE NW corner of intersection
14 Mill Pond Will Pond Drive SE Mill Pond Dr SE & Oravetz Rd SE NE corner of intersection
15 Lakeland Hills Way N Lakeland Hills Way SE Lakeland Hills Way SE & A St SE NE corner of intersection
16 Lakeland Hills Way S Lakeland Hills Way SE Lakeland Hills Way SE & A St SE SE corner of intersection
_T7_ Vista Heights A St SE n/a - east side of A St SE South of LHWS and
18 LTPE1 East Valle Access Road South access Rd & Lake Tap s Pk NW comer of intersection
19 LTPE2 Lake Ta s Parkway SE n/a - north side of Lake Taps Pkwy West of Sunset Park
20 East ointe 62 Loo SE : n/a - east side of 62 Loo SE Nearest address # 2121
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No.. Facility Name Location Intersection Description
21 Lake Ta s Pkwy 1 -Lake Ta s Parkway SE n/a - south side of Lake Ta s Pkwy West of Charlotte Ave SE
22 Lake Ta s Pk 2 Lake Ta s Parkway SE n/a - north side of Lake Ta s Pkwy East of Franklin Avenue SE
23 Auburn Hills SE 319 Court 110 Ave SE & SE 319 Ct East end of SE 319 Ct
24 Royal Hills B SE 316 Place SE 316 PI & 112 Ave SE NE corner of intersection
25 Summerfield Estates SE 320 Street n/a north side of SE 320 Street Nearest address # 11504
26 Royal Hill D . 112 Avenue SE 112 Ave SE & SE 314 Place SE corner, access from 112
27. Arbor View 114 Avenue SE 114 Ave SE & SE 315 Street NE corner of intersection -
28 Eagle Run 114 Avenue SE n/a - east side of 114 Ave SE Nearest address # 31501'
29 Campus Rim 114 Avenue SE 114 - Ave SE & SE 316 Place SE corner of intersection
30 Rainier Ride 1 126 Avenue SE 126 Ave SE & SE 318 Way Nearest address # 31809
31 Rainier Ridge 2 SE 318 Wa - n/a - south side of SE 318 wa Nearest address # 12727
32 -Duber Hills 3 132" Avenue SE 132" Ave SE & SE 299 Street NW corner of intersection
t 33 Duber Hills 4 132" Avenue SE n/a - west side of 132" Ave SE North of Duber Hills 3 and
34 Sunset Meadows SE 282" Street SE 282" St & 132" Ave SE NW corner of intersection
35 Duberry Hills 2 SE 299 Street SE 299 St & 129 Place SE South of intersection
36 Duber Hills .1 124 Avenue SE 124 Ave SE & SE 298 Place SE SE corner of intersection
37 Crystal Meadows SE 304 Court -SE 304 Ct & 121 Place SE East end of SE 304 Ct
38 Hazel Park East 120 Avenue SE n/a - eastside of 120 Ave SE . Nearest address # 30340
39 Ridge at Willow Park SE 304 Street SE 304 St & 127 Place SE West of 127 Place SE
40 Willow Park and 2 SE 306 Court SE 306 Ct & 127 Place SE West end of SE 306 Court
41 Ha adorn Park SE 305 Court SE 305 Ct & 130 Ave SE West end of SE 305 Court
42 - Flora Park SE 305 Place SE 305 PI & 130 Ave SE West end of SE 305. Place
43 Kingsley Meadows 2 SE 307 Place SE 307 PI & 124 Ave SE SW corner of intersection
44 Kingsley Meadows 1 SE 307 Place SE 307 PI & 122" Ave SE West of 122" Ave SE
45 Kendall Hei hts 2 SE 310 Street -§E'310 St & 116 Ave SE NE corner of intersection
1h In
46 Kendall Heights 1 SE 310tr' Street SE 310 St & 116 Ave SE SE corner of, intersection
47 -Hazelwood Crest 116 Avenue SE 116 Ave SE & SE 309 St Eastside of 116 Ave SE
48 Carrington Bluff 2 116 Avenue SE 116 Ave SE & SE 3015 Place North side of intersection
49 Carrin ton Bluff .1 SE 3015 Wa SE 3015 Wa & 112 Ave SE NE corner of intersection
50 Pacific Ridge 2 SE 306 Street SE 306 St & 112 Ave SE Tr D north side.of SE 306th
51 Cambridge Pointe 112 -Avenue SE 112 Ave SE & SE 304 Street NE corner of intersection
52 Carrington Meadows 2 S 299 Place S 299 PI & 112 Ave SE SE corner of intersection
53 Carrington Meadows 1 SE 298 Place SE 298 PI & 114 Wa SE Nearest address # 11362
In -1
Street SE 296 St & 112 Ave SE SE corner of intersection
54 Auburn Place 1 SE 296
In h
Avenue SE g4nla-eastsiddeof`114~ Ave SE North of Auburn Place 1 pond
55 Auburn Place 2 114
56 Wicklund SE 293 Street west end of 293` past 107 Ave SE Nearest address # 10600
57 River Rim SE 290 Street west end of 209 past 108 Ave SE Nearest address # 10615
58 White Mountain Trails SE 118 Ave SE SE 118 Ave SE & SE 290 Place West side of intersection
59 LeaAnn Meadows 110th Place SE 110 PI SE & SE 304 Place W corner of intersection
60 Glen Kara SE 304 Street SE 304 11 St & 100 Ave SE SE corner of intersection
61 Pinnacle East 69 St SE Between 69 St SE & Thomas Ave SE - access between 1920 & 1918
62 Pinnacle West 69 St SE 69 St SE & Ouinc Ave SE South side of intersection
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EXHIBIT B
Fee Schedule
Provider will conduct those tasks as established and in accordance with Exhibit A of this
document for an amount not to exceed $60,000.00.
62 Ponds as Specified in Scope of Services
Aquatic Mosquito Control NPDES permit $ 414
Surveillance Services $ 6,150.00 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 methoprene
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
mosquitoes
Adulticidin Services $46.00 per street mile, including chemical costs
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