Loading...
HomeMy WebLinkAboutAG-S-068 Eden Advanced Pest Technologies CITY OF AUBURN AGREEMENT FOR SERVICES AG-S-068 THIS AGREEMENT made and entered into on this day of_ 2013, by and between the City of Auburn, a municipal corporation of the Wtate 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 Eden Advanced Pest Technologies AG-S-068 Page 1 of 11 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: J 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. Eden Advanced Pest Technologies AG-S-068 Page 2 of 11 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. 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 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 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, 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 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. Eden Advanced Pest Technologies AG-S-068 Page 5 of 11 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 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. Eden Advanced Pest Technologies AG-S-068 Page 6 of 11 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, 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 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 understandings between the parties with respect to such subject matter. Eden Advanced Pest Technologies AG-S-068. Page 7 of 11 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. CITY OF AUBURN EDEN ADVANCED PEST TECHNOLOGIES Peter B. Lewis, Mayor Signature Name: &-i f—o �A�r.j�/ 1 A Attest: Title: S�]Qa C (V� RrNY �j Federal Tax ID No: a3- 15V635a .,, .M-nielle Daskam City Clerk Approved as to form: r/'2�Kj Daniel B. H 'd.,_ ity ey Eden Advanced Pest Technologies AG-S-068 Page 8 of 11 EXHIBIT A SCOPE OF SERVICES Eden Advanced Pest Technologies (EDEN) will provide mosquito larval surveillance to provide an overview of mosquito breeding activity for each of the facilities listed below. Selection of larval monitoring sites for each facility 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. EDEN will maintain coverage under the Aquatic Mosquito Control National Pollutant Discharge Elimination System State Waste Discharge General Permit issued by the State of Washington Department of Ecology and complete any reporting required by the permit. 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, 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. 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,n St SW corner of intersection 2 Cedar Ride Estates 55 Place S n/a-south of S 2961n St Nearest address#29626 3 Meadowfield Ride 54 Court S n/a-north of S 296 n St Nearest address#29503 4 Greenwood Lane S 303" Place S303 w PI&51 S Ave S SE corner of intersection 5 Lloyds 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,n 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 n 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& Hwy 18 C Street SW C Street SW&3ra St SW West side of C St SW 11 Velvet Square 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,n St SE&Riverwalk Dr SE NW corner of intersection Eden Advanced Pest Technologies AG-S-068 Page 9 of I I No. Facility Name Location Intersection Description 14 Mill Pond Mill 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 17 Vista Heights A St SE n/a—east side of A St SE South of LHWS pond 18 LTPE1 East Valley Access Road South access Rd&Lake Tapps Pky NW corner of intersection 19 LTPE2 Lake Tapps Parkway SE n/a—north side of Lake Tapps Pkwy West of Sunset Park 20 East ointe 62" Loop SE n/a—east side of 62" Loop SE Nearest address#2121 21 Lake Tapps Pkwy 1 Lake Ta.p.ps Parkway SE n/a—south side of Lake Tapps Pkwy West of Charlotte Ave SE 22 Lake Ta s Pkwy 2 Lake Tapps Parkwa SE n/a—north side of Lake Tapps Pkwy East of Franklin Avenue SE 23 Auburn Hills SE 319 Court 110 Ave SE&SE 319 Ct East end of SE 31 915 Ct 24 Royal Hills B SE 316 m Place SE 316 In PI& 112 In 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 F,Place SE corner, access from TFF 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 In Ave SE Nearest address#31501 29 Campus Rim 114 Avenue SE 114 Ave SE&SE 316 m 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 In Way n/a—south side of SE 318 In way Nearest address#12727 32 Duber Hills 3 132" Avenue SE 132" Ave SE &SE 299 Street NW corner of intersection 33 Duberry Hills 4 132" Avenue SE n/a—west side of 132" Ave SE North of Duberry Hills 3 pond 34 Sunset Meadows SE 282" Street SE 282 St& 132 Ave SE NW corner of intersection 35 Duberry Hills 2 SE 299 Street SE 29915 St& 12915 Place SE South of intersection 36 Duberry Hills 1 124 Avenue SE 124 Ave SE&SE 298 In Place SE SE corner of intersection 37 Crystal Meadows SE 304 n Court SE 304 In Ct& 121 In Place SE East end of SE 304 m 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 m Street SE 304 In St& 127 In Place SE West of 127 n Place SE 40 Willow Park pond 2 SE 306 Court SE 306 In Ct& 127 fn 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 m Place SE 307 in PI& 124 Ave SE SW corner of intersection 44 Kinqsley Meadows 1 SE 307 Place SE 307 PI& 122" Ave SE West of 122no Ave SE 45 Kendall Heights 2 SE 310 Street SE 310 St& 116 m Ave SE NE corner of intersection 46 Kendall Heights 1 SE 310 Street SE 31 Ofn St& 116 In 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 Carrington Bluff 1 SE 301 s'Way 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 n Ave SE&SE 304 m Street NE corner of intersection 52 Carrington Meadows 2 S299 Place S299 PI& 1 1T Ave SE SE corner of intersection 53 Carrin ton Meadows 1 SE 298h Place SE 298 PI& 114 Way SE Nearest address#11362 54 Auburn Place 1 SE 296 Street SE 296 m St& 112 In Ave SE SE corner of intersection 55 Auburn Place 2 114 m Avenue SE n/a—eastside of 114 Ave SE North of Auburn Place 1 pond 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 ast 108 Ave SE Nearest address#10615 58 White Mountain Trails SE 118 m Ave SE SE 118 Ave SE&SE 290 Place West side of intersection 59 LeaAnn Meadows 110th Place SE 110 PI SE&SE 304m Place W corner of intersection 60 Glen Kara SE 304 Street SE 304 n 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&Quincy Ave SE South side of intersection 63 Seramonte SE 288 St 132" Ave SE SW side of intersection 6 Jovita Heights Iowa Dr West Valley Hwy S of 1929 West Valle Hwy Eden Advanced Pest Technologies AG-S-068 Page ]0 of 11 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. 64 Ponds as Specified in Scope of Services Aquatic Mosquito Control NPDES permit $ 453 Surveillance Services $ 6,150.00 per month Larvicide Application, as needed $ 4,864.00 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 mos uitoes Adulticidin Services $46.00 per street mile, including chemical costs Eden Advanced Pest Technologies AG-S-068 Page ]1 of]1