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HomeMy WebLinkAboutEden Advanced Pest Technologies AG-C-210 AGREEMENT FOR PROFESSIONAL SERVICES AG-C-210 THIS AGREEMENT made and entered into by and between the CITY OF AUBURN, a Municipal Corporation in King County, Washington, hereinafter referred to as ';CITY" and with, Eden Advanced Pest Technologies, a corporation whose address is 3425 Stoil Road SE tvlympla wA ~o.)ul, ll~l'eiiiaf~.~f "- ' [O aS rcierlcu "EDEN". In .... : a .... : -~,.L_ t.~liaiuvt cttioii wi uic covenaFits mhd ~ ~- ~:': .... ~'*'-'- ^ ..... ~,,u,t,~,,~ ~,x ,,1~ ~;,,e,,e,t, the pm-ties.m'- --~". o2 !. SCOPE OF WOP~. EDEN, on a project bas~s, wi!! be given indh, idua! task assignments (see example Exhibit A) %r monitoring and possible treatment of mosquito larval sites. Thege task agsiEnments will describe the work to be completed, completion dates and compensation ~o~t. An approved task assignment shall be required be~een EDEN ~d the CITY prior to commencing any work for any individual t~k. EDEN's semices shall include semices as described in Exhibit B. 2. TERM. EDEN shall be available on ~ on-call basis to provide monitoring ~d possible trea~ent of mosquito lamai sites described in the above section i to the CiTY throughout the 2003 cMendar ye~. Monitoring and possible ~eatment of mosquito i~vai sites assig~ents shaii ~11 1. ,- E~M, but may be ox*~nd~d by ~ho C!~Y in ,h~ event of ~ delay a.r;h,,*ahlo to *h,~ ..................................... CITY, or because of,.mavoidab!e delays caused by an act of GOD or governmental actions or other conditions beyond the control of EDEN. A prior supplemental Agreement issued by the CITY is required to extend the established completion time. 3. COMPENSATION. ............................................. Agreement for Protess~onal 5emmes AO-C-2 l0 May 21, 2003 Page i of 9 EDEN shall be paid by the CI'I'Y i0r completed services rendered under the approved individual task assignments. Such payment shall be full compensation for work performed or services rendered and for ail labor, materials, supplies, equipment and incidentals :necessary to colnplcte tile wol-l~. EDEN -'-" submit at, mh to the Sllall itemized '' ' eli ~ poor to payment. ,.,-,, .~, ~ expenses JIJ~,JUUIJIg, OUt. i'~Ot llllllt.etl t.o, sites ,.,.nde,.' this contract. The total amount of the Agreement is not to exceed $24,500.00. In the event services are required beyond those specified in the Scope of Work: and not included in the compensation listed in this Agreement, a contract modification shall be negotiated and approved by the CITY prior to any effort being expended on such services. 4. RESPONSIBILITY OF EDEN. EDEN shall be responsible for the professional quality, technical accuracy, timely completion and the coordination oi' all studies, analysis, designs, drawings, specilications, reports and other services performed by EDEN under this Agreement. EDEN shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in its plans, designs, dra'wings, sp~cJnCahons,' ' '~' ' reports m-~d other services required. EDEJ~" snml' ' pcriorm'" ~[ts services to a~cpteu piuic~lutmi pest ...... ' ~UJiLIkJJand enviror~ental ~'tglllLlald3 and the requirements ""c*h~ t~ITV An3 ........ -rr* ~,--°1 by th,~... CTTV. . ,,,,,~--~._.. *hio.. - .a gr'~"'*'"n*. --...~.....°hall.. not in an3' way relieve EDEN of responsibi!iW for the tec.hnical accuracy and adequacy of its services. Except as otherwise provided herein, neither the CITY'S review, approval or acceptance of, nor payment for, any of the services shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement to the full extent of the law. 5. INDEMNIFICATION/HOLD HARMLESS Agreement tot' Prolesmonal Set-vices A(J-C'-210 May 21, 2003 Page 2 oi'9 EDEN shall indemnily mid hold the CII'Y and its ollicers and employees harmless from and shall process and defend at its own expense ail claims, demands, or suits at law or equity arising in whole or in part from e~r.l,~ s negligence or breach of any of its obligations under this Agr~eineut; · --"-" pmvm~u that "~ ' '-' herein shall - ..... - .... ' llOtlllIig rCqUll'< ~z~EN toilltleillllify tile Cl"i'xl, against and ~.,,~ h,, .~ ~.~,,u from *~ concu~ent .... 1~...~..e r.~ EDEN's agents er the CITY, their agents, officers ......... and amninv~sr.~v .. , *hiq ..... indemni~ prmziqian... ...... with respect to claim~ or suit~ based upon such negligence: (2) the co~ts to the CITY of defending such claims and suits, etc. shall be valid ~d enforceable only to the extent of EDEN's negligence or the negligence of EDEN's agents or employees. ~e provisions of this section shall su~ive ~e expiration or termination of this Agreement. Except as expressly provided herein Eden sh~l incur no liabili~ by reason of the Ci~'s choice to have the mosquito control work done where there is no negligence on the p~ of Eden. 6. iNDEPENDENT CONT~CTO~'ASSiGNMENT, J~e parties agree ~d underst~d that EDEN is ~ independent contractor and not the ag~.t m ~mp~uy~ m ute c~ ~ t m~d thai ilo ]l~Dlllty -' -~'~[LaCll .... tO LII~ ..... ~nau of ~nicring EDEN shall procure and maintain for the duration of this Agreement, commercial general liabili~ insurance against claim~ for injuries lo persons or damage to prope~ which may arise from or in conjunction with services provided to the CITY by EDEN. its agents, employees or subcontractors, under this A~eement. EDEN agrees to provide commercial general liabili~ ins~ce ~d shall maintain liabiliw limits of no less then ONE MILLION DOLLARS Agreement Ior Pro/essmnal ~e~ces AG-C-210 May 21, 2003 Page 3 oi'9 (.$1,000,000) per occurrence and TWO MILLION DOLLARS ($2,000,000) general aggregate. EDEN shall also provide and maintain automobile liability coverage in the minimum liability limits of ONE MiLLiON DOLLARS ($ i,000,000) per accident for bodily injury and property uamage. ~iiali also provide that the t.c g~.c~a~ coverage -'-" · and .~,..[o arc to bc covered as Ag?amour, by l:;131~'N, it~ omnlnx~o~ -g,~nt~ aha Bot_b the general liability and automobile liability, coverage shall provide that EDEN's insurance coverage shall be primary insurance as respects the CITY, its officials, employees and agents. Any insurance or self insurance maintained by the CITY, its officials, employees or agents shall be excess to EDEN's insurance andshall not contribute with it. Each .insurance policy required by this section of the Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except when thirty (,30) days prior written notice., has been given to the CiTY by certified mail return receipt requested. Ail insurance shall be obtained from an insurance company authorized to do business in the State of Washington. EDEN agrees gUftltiCat¢l$ Ol 11151112tliU¢ [O tll¢ k.,l I I ~pecliynig ~ ¢qun ¢u oy ..... ,. .... }, .... , ,.,. ....... copies ..r ,, ~.,-,.,,.o o~,~,, .... ~ ...... e CITY complied with this section. 8. NONDISCRIMINATION. EDEN 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, Agreement for Professional Services AG-C-2 i 0 Page 4 of 9 color, creed, religion, national origin, sex, age, or where there is the presence of any sensolv, mental or physical handicap. 9. OWNERSHIP OF RECORDS AND DOCUMENTS. E~,Ei~ agrees that aiiy and ~" a ..... : a, ut~,ng~, computer a:_ _ a ................. Agreement by EDEN, ~hall belong t~ ~na ,haU ~mn;~ the ~m, of the CITY ~:~ !~ addifon, EDEN agrees to maintain a!! books a~d records relating ta its operation and concerning this Agreement for a period of six (6) ye~s following the date that this Agreement is expired or othe~ise teminated. EDEN f~her agrees that the CITY may inspect any and all documents held by EDEN ~d relating to ~is Agreement upon good cause at ~y reasonable time within the six (6) year period. EDEN also agrees to provide to the CITY, at the CITY'S request, the origmals of all drawings, docments, ~d items specified in this Section ~d inI0~ation compiled in providing se~ices to the CiYY under the te~s of this Agreement. i 0. CERTiFiCATiON ~GA~iNG DEBARMENT, SUSPENSiON~ AND OTHER RESPONSIBILITY MATTERS-P~MARY COVE~D T~NSACTIONS. · ne prospective primary participrmt -~-*:* ~- .t._ uti tlllg~ to thc best of its~,u,~tcu~c' ...... ,_a__ and '--ucllet,' dP .k~-tllt. j.t Are not presently debm'red, ~_~ ...... , ~-'w ............... , t_~ ~,,o..o.a,.a ,.,-,.,...~,.a for a.~}, .... * dec!~ed ;nc.I;,.;I-,l,= or vo!untari'!y exc!uded from covered transactions by any federal depamnent or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal Agreement tbr Professional Services AG-C-210 May 21, 2003 Page 5 of 9 or state mltitrust statues or commission of embezzlement, trteli, IOrgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Arc not presently ir~dicted for or otherwbe crimiaally or civilly chmgcd by a [~cucia/, ~tatc, or ~ocaly with co~li~sioH of may of the ........... ~ ~n paragraph "(b)" of'~; .... ~:n~*;~"' more public transactions (federal, state, or local) terminated for cause or de%u!t. Where the pro?ective prima~ pa~icipant is unable to ce~i~ to any of the statements this ce~ification, such prospective p~icip~t shall aRach ~ explanation to this proposal. 11. TE~INATION OF AG~EMENT. This Agreement may be te~inated by either pa~ upon ~en~ (20) days written notice to the other pa~, and based upon ~y cause. In the event ofte~ination due to the fault of otherLs) than EDEN, EDEN shall be paid by the CIYY I0r semices perI0~ed to the date of termination. Upon receipt ora te~ination notice ~der the above p~agraph, EDEN shall (i) promptly msco.unuc a. services aflectcu ~ dhccted by thc writic, notice, mtd[z) .... ut.vet' to flic CITY a." 12. ~E~E~_IL 12.1. This Agreement shall he governed hy the laws: regulations and nrdinance~ nfthe Ci~ of Aubm, the State of Washington, King Co~, ~d where applicable, Federal laws. 12.2. All claims, disputes ~d o~er maaers in question ~isin~ out oL or relating to, this Agreement or the breach hereof, except with respect to claims which have been waived, will be Agreement tot l'ro[esmonal Serwces AQ-C-210 May 21, 2003 Page 6 of 9 decided by a court or' competent juriadiction in King County, Washington. ?ending tinal decision of a dispute hereunder, EDEN and the Cl I ¥ shall proceed diligently with the performance of the services and obligations herein. 12.3. lit" event tltiat all~" ...... ' ' al'ia¢~ .... miles '" "' !2.4. The CITY and EDEN respectively bind tlnemse!ves, their pm~ners, successors, assigns: and legal representatives to the other pa~ lo thi~ Agreement with re?ect to all covenants to this Agreement. 12.5. This Agreement represents the entire and integrated Agreement between the CITY and EDEN and supersedes all prior negotiations, representations or agreements either oral or written. This Agreement may be amended only by written instrument signed by both the CITY and EDEN. i 2.6. Should it become necessa~ to enforce ~y te~ or obligation of this .Agreement, then ail costs of enforcement including reasonable attorneys fees and expenses ~d court costs ~llall bu[)~IH' ~ [otllU'~' ~ ' " ~ '~' pl'u vainng =. . ~bi, agrees to ..... ' ..... :'~ ~" '-~-' kUlllpl~ ~ltll all IUCOI) 3~tC ~Bd16~61alf-J~--~l ! 2.8. !f any provision of this Agreemen~ is invalid or unenforceable, the remaining provisions shall remain in force and effect 12.9. Th{~ Agreement shall he adminisiered Ny Elmer Rensinger= ~d by the Mayor of the CITY. or designee, on behalf of the CITY, ~y wri~en notices required by the te~ms of this Agreement shall be served on or mailed to the following addresses: Agreement for ProFessional Services AG-C-2 ! 0 Page 7 of 9 CiPy of Au0urn Attn: Bill Scheder 25 W Maio Street Aub~n WA 98001 Phone: 253.288.3138 Fax: 253.93i.3053 E-mail: bschede~ci.aubum.wa.us Eden Advanced Pest '['echnologies Attn: Elmer Bensinger 3425 Stoll Road SE Phone: 1.800.401.9935 Ceil: 360.507.i0i4 Fax: 360.438.1663 E-mail: bensinger(a~!centurytel.net l~.lu. -~-~u m.,[ice$ or COl~niiuiticui. ionspC[lllittcu"' ' m- ~cquii-cd [o bc gi'v¢ll' ut.t~cr" "una' !2.0, or if to such other person designaied by a pa~ to receive such notice. It is provided, however, lhal mailing guch noficeg or communications by ceflified mail. remm recei? reque~ied is ~ option, not a requirement, unless specifically demanded or othm~ise agreed. Any prow may ch~ge his, her, or its address by giving notice in writing, stating his, her, or its new address, to ~y other par~, all pursuant to the procedure set fmih in this section of the Agreement. 12. l 1. 'l'his Agreement may be executed in multiple counterparts, each oI'which shall be one and the same Agreement and shall become effective when one or more counte~p~s have been signed by each of the parties m~d delivered to the other p~ty. ~,,,p~,,~ ~,~=,,~. ~,, ~,,~,1 also p~ovidc Agreement lbr Professional Services AG-C-210 Page 8 o1'9 AI'IESY: Peter B Lewis, Mayor Date .~',.~7-O 3 APPROS~bED AS TO FORM: EDEN ADVANCED PEST TECHNOLOGIES Title: LT~-~-~ ~ ._5~ Federal Tax iD # Fiie: H:'xCONSULTANTS'xAGREEMENTS'x2003'~AGC2 i0 A~ava~v. tv~v.c~ ~ .taut. Agreement for Professional Services AG-C-210 Page 9 of 9 EXHIBIT A SAMPLE ANNUAL CONTRACT TASK ASSIGNMENT DOCU~,'iENT AGREEMEN i ~: AG-C-129 TASK ~: CLS-T03-001 CONSULTAN i~: Certified Lancl Services PROJECT #: Public Parking Lot The general provisions and clauses of the Agreement referenced above shall be in tull force and effect for this Task Assignment. Location ot Project: A Street NW Maximum Amount Payable per this Task Assignment: $5,000.00 Completion Date: August 1, 2003 Scope of Work: ~,~ ~, ,= ~..,~y u, ~u~u,,, ,,, the acquisition of three -=--'- acquisition, ~¢hinh nn~mld include ~nndCmn~tinn nf thC nrnnCdv ~nd if required, ~cc:i~f~n~ n ~ny mlonatinn of the ~xi~tino t~nant~ ~1 ~y r I ~j=~ Manager: O1~1 I~LUl G'~LG. ~ ~uy w~yu~. SignaLure: Dale: Note: If this task order is over $25,000 then it must go before the Public Works Committee and Ciiy Council for approval prior to the rviaY0r's signature. cc: Engineering Aide Page Iot I EXHIBIT B PROPOSED EDEN ~i:::i'~vlc;t::~ F-den Advanced Pest Technologies (EDEN) will provide mosqmto 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 pedormed 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). Surveillance services will be performed at a cost of $1,450 per month or $8,700 for the :season. It 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 above at an additiional cost of $1,520 per month or $9,120 for the season ($2,970 'per month for the combined for $150 per month for ponds up to one acre (add $50 per pond for each additional acre ,~ it isu~," ..... ~ ~u-' necessary' to.treat stormu~,,~-'--:- u~,~u, ,' '- u~,J ,~,,L __:__ applications u,' n]ethoprene will be made at a cost of $6 per catch basin. Applications may remain effective for up to i50 days· 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. Adulticide applications will be performed at a cost of $285 per hour (one hour minimum). 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 Drooram and compliment the other efforts being performed to reduce the spread of We~t N~le Virus. Page Iot I 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 unitv. All information on treatments will be kept in a database and these records will be sent *~' the ¢~,ntro,-tinn ~,fhmrlfw ~R.-.r each ..,.~. .......... ............... ~ ......... ] ..... ~nli,,',c~fi~n ,',~r,l,~, is ,"~mnl,=,f,",H (~n*', ~^~,~,~,b'l~/~ ,-,uu,,u,u,,,u services '":"wi,, be performed ,L- a cost of ""~' "" ........ :'- ~>1,1 f~ L I I IIIt~, 4~v.uu per Treatment grids and specific street routes will be determined and agreed upon prior to application. Ali applicable provisions and specifications ct this proposal will be agreed upon by both parties before any applications of adulticides are made. All applications wiill 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 ~rH,',r fn ,"nnH~ ~r,f ftq,'-eca nn,"-rc3flnne in tl-~e ~,nrra,-,f mc3nner I~H,-,n /~H~/c3nr, aH P"sf Technologies will follow Best Management Practices (BMP's) approved by the 0 Li=l L~ - - - vvc~::,lm,yLUII Department u~ ~y,,uu~ul¢. ,,~ B,v,r ~ were issued to ..... -' ~lUc~u 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. EDEN 1. Ground based ULV application systems L,,,alllJli:::itiUll UI ~qUl[Jlll~llt swath ................. 3. Recording equipment for applications 4. List of approved msecbc~des for use ~n urban and rural areas 5. Responsibility for Insecticides 6. Insurance 7. Wage determination for treatment by the linear mile CITY 1. 2. Notification of public intent to spray for adult mosquito control Maps, ' .......... '-'- IIIIUIIII~LIUII,and '--:-': .... auuuL' .... ' -"~ ' "" MI I~1111~ p[O~[SSS ~FIMLI-*~I~I- - 8~88S MI LI le i[viivi program Site inspections and data collected about adult mosquitoes to help optimize treatments for ad~lts ~old ~8rmless agr~emeRt Payment system for work completed Page 2 of 2 CONSULTANT INVOICES Consultant invoices should contain the following information: · On consultant letterhead. · A cover letter stating the status of each task. This should include items completed, percent completed during the billing period and completion along with funding st.mt_f~ · Internal invoice number and/or sequential numeric number (i.e.' progress payment # · Invoice date. Period of time invoice covers. · Consultant Agreement ~ (i.e.' AG-C-II5). · Project number(s) listed (i.e.: PR562). ~he hour(s) per person broken down b~ ~sk(s) (~ch fimeshee~s, spre~dshee~ deLaiiing Li~tesheeLs, o~ some oLhe, ror,~ or proud ~iong wiLh Lype or woik done (i.e.' design, right-of-way, or construction) or task order number. Direct sala~ (base salaries) Indirect sala~ (benefits) · Direct non-sala~ (i.e.: mileage, reproduction fees (i.e.: printing, copying), nnmmtlnin~tinn f~ (i ~ · f~l~nhnn~ indirect non-salary (overhead). The City does not pay for consultant meals unless ~QIL ~1 Q L~O~ I~UII~O LIQVGI ~ULOlU~ UI LIl~ ~IGQL~I ~GOLLIGI I Q~UIIIO~ ~11~ ~l~LL area. These costs are to be broken down and backup information is to be a~ached to invoice. Project managers are to inform consuitants as to what is required for break down information and if backup information is to be attached. Break out the same tor subconsultant charges. Previous and remaining base contract amounts left in each task and total contract- total authorized amount (bottom line figure). Add amendments to this base contract emount for totel authorized · Percentage of work completed to date compared to total amount of work (if required Status of Management Resewe Fund (MRF) (i.e.: a cedain task) until we can get an amendment in place. · Invoices for previous year are due by Janua~ 15th. · For grant/special funded projects there might be other special information needed, reference the LAG menue!. SAMPLE INVOICE City of Auburn Invoice #: 5222 25 West Main Progress Payment #: 2 Auburn WA 98001 Invoice Date: February 10, 2002 Attn: Scott Nutter (Project Engineer) Project Name: Thomas Nelson Farm Agency Agreement #: AG-C-010 Project #: PR562 Engineering Services performed during the period of: January 2002 SAMPLE ENGINEERING, INC. Personnel Hours Mike Jones, Principal in Charge 1 Carla Maker, Architect 5 Joe Smith, Word Processin.q 10 Consultant Personnel Sub Total: Hourly Rate Amount $125.00 $125.00 $ 72.00 $144.00 $ 48.00 $480.00 $749.00 Expenses (see attached documentation)Charges Mileage ($0.345/mile): 20 miles Communications: $30.00 Printing: $29.00 Consultant Expenses Sub Total: Multiplier Total x 1.1 $ 7.59 x 1.1 $33.00 x 1.1 $31.90 $72.49 Consultant Total: $821.49 SUB CONSULTANTS Subconsultant (see attached documentation) Hours ABC ENVIRONMENTAL, INC., Civil Engineer 10 ELECTRICAL CONSULTING, Electrical Engineer 5 MECHANICAL SOLUTIONS, Mechanical Engineer 10 MOVING COMPANY, Moving Consultant 2 Subconsultant Sub Total: x 1.1 Multiplier: Hourly Rate Amount $100.00 $1,000.00 $100.00 $ 500.00 $100.00 $1,000.00 MRF* $1oo.oo $ lOO.a,o $2,600.0,0 $ 260.00 Subconsultant Total: $2,860,00 ............................................ : ............ ~61:J~-~[J-E-¥h-i~ i~-~i~i~- '~i~ ~'i ;i~; CONTRACT BREAKDOWN Amount Prior This Total Invoiced % % Amount Task Authorized Invoiced Invoice T,~ Date ,~= = = i ',~, ,~ Ex~vnd~d Completed R.ma,m.,~ Original Contract $22,000.00 $1,025.00 $2.,681.49 $3,706.49 20% 25% $18,293.51 MRF* $2,500.00 $0.00 $1,000.00 $1,000.00 40% 45% $1,500.00 TOTAL $24,500.00 $1,025.00 $3,681.49 $4,706.49 $19,793.51 Note: MRF=Management Reserve Fund * Received a written authorization of MRF on 1110/0t for Mechanical Engineer task in the amount of $2,000.00.