HomeMy WebLinkAboutEden Advanced Pest Technologies AG-S-012~~.i~,~
CITY OF AUBURN
AGREEMENT FOR SERVICES
AG-S-012
THIS AGREEMENT made and entered into on this day of
2007, by and between the City of Auburn, a municipal corporation of the State f
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
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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.
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 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 ULV 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.
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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 $22,000.
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 October 2007. The Term of this Agreement
shall terminate on October 31, 2007.
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:
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City 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 Technologies
Elmer Bensinger
3425 Stoll Rd SE
Olympia, WA 98501
Phone: 1.800.401.9935
Cell: 360.507.3968
E-mail: elmer@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 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. The Commercial General Liability insurance shall be endorsed to
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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.
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
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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.
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.
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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, sub-contractors 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.
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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 WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed effective the day and year first set forth above.
CITY OF AUBURN
---~~
Peter B. ewis, Mayor
Attest:
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anielle Daskam City Clerk
EDEN ADVANCED PEST TECHNOLOGIES
Signature
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Title: ~°r~t{ ~-~ -f~t~ t `cam c s~z ~ F_~ ~~6 `~ -~cTC<c
Signature
Name:
itle:
Service Agreement
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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.
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, May through October (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.
POTENTIAL ADDITIONAL SERVICES
If it is deemed necessary to treat storm drain catch basins, applications of methoprene pellets at 10
gram per catch basin will be made. If approved by local authority, XR Brickets fora 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 ULV 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 ULV applications in order to
suppress adult mosquitoes. These treatments will be conducted to protect man and domestic
animals from harassment and diseases that mosquitoes can carry. These services are part of an
Integrated Mosquito Management program and compliment the other efforts being performed to
reduce the spread of West Nile Virus.
Ground based ULV 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 ULV 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).
Exhibit A
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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 of adulticides for mosquito control. This will
be done to protect the interests of both parties and provide a concise format for conducting
applications of adulticides to control adult mosquitoes. In order to conduct these operations in the
correct manner Eden Advanced Pest Technologies will follow Best Management Practices (BMP's)
approved by the Washington State Department of Agriculture. These BMP's were issued to guard
against the inappropriate use of adulticides and to provide a margin of 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 certain areas by making
aerial applications. These types of services are not offered by Eden Advanced Pest Technologies.
LIST OF 23 WET PONDS
Facility Name Pond urface Area Square
Footage
Lakeland Hills Mill Pond 37,056
Glacier Park 1 74,073
Racetrack 14,418
Velvet S uare 1,891
Riverwalk North 20,263
Llo d's Pit North 15,702
East oint Pond 11,789
277th East 4,105
Webster Place 18,553
Ea le Run 1,947
Summer Field Estates 7,957
Ro al Hills Track B 6,607
Ro al Hills Track D 4,719
Cam us Rim 13,568
O us 63,402
Glen Cara 5,411
Llo ds Pit Vault 856
LTPE #2 39,772
LTPE #1 25,123
277th West 2,601
Lakeland Hills Wa North 16,117
Lakeland Hills Wa South 14,375
Vista Heights 105,000
Exhibit A
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EXHIBIT B
Fee Schedule
23 Ponds as Specified in Scope of Services
Surveillance Services $ 1,750.00 er month
Larvicide Application, as needed $ 1,748.00 per month, pro-rated per pond
$76.00/ and
Potential Additional Services
Surveillance & Larvide $150.00 per month for ponds up to 1 acre, plus $50
A lications er and for each additional acre of surface area
Treat Storm Drain Catch Basins $150 per hour for labor
with applications of methoprene
ellets at 10 ram er 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.
Exhibit B
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