Loading...
HomeMy WebLinkAboutCOLORADO MOSQUITO CONTROL - CONTRACT - CONTRACT - MOSQUITO CONTROLSERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Colorado Mosquito Control, Inc., hereinafter referred to as "Service Provider". W ITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of three (3) pages, and incorporated herein by this reference. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated on June 23, 2003. Services shall be completed no later than October 6, 2003. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: SA 10/01 ACOR ,,M CERTIFICATE OF LIABILITY INSURANCE DATE /) 02/10/202003 PRODUCER (914)428-2929 FAX (914)428-0943 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION B. & D. A. Weisburger, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 5 Waller Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. White Plains, NY 10601 INSURERS AFFORDING COVERAGE INSURED Colorado Mosquito Control Inc INSURER A: *WESTPORT 9999 Old Wadsworth Blvd. INSURERB: Broomfield, CO 80021 INSURER C. INSURER D: INSURER E. i engif-LH*1y THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MM/DD/YY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE O OCCUR PC 2034997-0 01/01/2003 01/01/2004 EACH OCCURRENCE $ 2,000,000 FIRE DAMAGE (Any one fire) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: X POLICY PER JECT LOC PRODUCTS -COMP/OP AGG $ 2,000,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS LIABILITY OCCUR O CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY W A - - TORY LIMITS ER E.L. EACH ACCIDENT $ E L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS ERTIFICATE HOLDER IS NAMED AS ADDITONAL INSURED WITH RESPECT TO PEST CONTROL OPERATIONS PERFORMED BY THE ABOVE NAMED INSURED I11G IlVGV G,� AUUI I IUNAL I N,UKLU; INJUKLK Lt I I tK n liM1YV CGGM I IWIN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Ft. Collins EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL James B. O'Neill, Purchasing Director 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 215 N. Mason St. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY P.O. Box 580 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Ft. Collins, CO 80522-0580 AUTHORIZED REPRESENTATIVE City: City of Fort Collins, Purchasing P.O. Box 580 Ft. Collins, CO 80522 Attn: John Stephen Service Provider: Colorado Mosquito Control, Inc. 9999 Olde Wadsworth Blvd. Broomfield, CO 80021 Attn: Mike McGinnis In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, the sum of Twenty-five Thousand Dollars ($25,000.00). The Cost Breakdown is included in the Scope of Services (Exhibit A). 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of SA 10/01 2 the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 10. Warranty. (a) Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. (b) Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. (c) Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 11. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non - defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire SA 10/01 3 agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 15. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 16. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. SA 10/01 4 CITY OF FORT COLLINS, COLORADO municipal corporation By:. V_ Jame b. O'Neill II, CPPO, FNIGP Dire for f Purchasing and Risk Management Date: 7 ( 7/7> Colorado Mosquito Control, Inc. By:--« ,y// PRINT NAME D / Il�/✓E�Qnn CORPORATE PRESIDENT OR VICE PRESIDENT Date: G Seal) 45t,J ^,,W/M SA 10/01 EXHIBIT A SCOPE OF WORK I. Emergency Contingency Mosquito -Borne Disease Surveillance Services Description In light of the rapid spread of mosquito -borne West Nile Virus Fever and Encephalitis across the United States and into Colorado during the summer of 2002, Colorado Mosquito Control (CMC) has proposed has proposed a contingency plan for the City of Fort Collins for additional Encephalitis Surveillance, Catchbasin Larval Control and Emergency Adult Mosquito Control Operations. CDC Light Trap and/or Reiter Gravid Trap Surveillance 1. CDC Light Trap Network. The primary tool in any mosquito control/surveillance program is a mosquito trapping devise called a CDC Light Trap. This trap was developed in the 1960's and has been the standard tool for monitoring mosquito population levels, density, and species makeup for over thirty years. These specially designed, battery powered light traps baited with CO2 (carbon dioxide), will be routinely operated at fixed data points throughout the mosquito surveillance area to collect adult mosquitoes. The blood meal seeking female mosquito follows the CO2 vapor plume produced by the sublimation of the dry -ice into carbon dioxide gas, as would be produced by the exhaling process of any free air breathing animal, including humans. Once near the trap, a small light bulb draws the mosquito closer and a fan then sucks the mosquito into a collection bag alive. Upon request CMC will operate CDC light traps and/or Reiter gravid traps for expanded adult mosquito and disease vector mosquito surveillance within the City of Fort Collins. CMC staff will work in conjunction with, and at the direction of the City of Fort Collins staff to determine temporal and spatial trap distribution and operation. Identification of the trapped mosquitoes will be done the following day after the mosquitoes are returned to the lab and killed. The trapped mosquitoes will be counted and identified to the following species; Culex tarsalis, Culex pipiens, Aedes/Ochleratattus species and Others. Trap maintenance and operation will be the complete responsibility of CMC. 2. Reiter Gravid Trap Network. A new tool in the mosquito/encephalitis surveillance program is a mosquito trapping devise called a Reiter Gravid Trap. These specially designed, battery powered traps are designed to attract and capture blood -fed, ovipositing Culex female mosquitoes only. These are the best mosquitoes for virus testing because they have already taken a blood -meal and are much more likely to have virus in them when compared to the general mosquito population. The trap is not baited with CO2 like the CDC trap but is inverted over a container of liquid material that is attractive to the ovi-positing female. Trap maintenance and operation will be the complete responsibility of CMC. Identification of the trapped mosquitoes will be done the following day after the mosquitoes are returned to the lab and killed. The trapped mosquitoes will be counted and identified to the following species Cu/ex tarsaiis, Cuiex pipiens, Aedes/Och/eratattus species and Others. Pools will then be made and sent to the Colorado Department of Public Health for virus testing free of charge. CMC will provide weekly reports to the City CDC and Gravid Trapping Operations Cost includes all equipment, dry ice, baits, vehicles, labor, shipping and reporting. Cost per trap/night: $54.00. II. Public Health Emergency Larval (catchbasin) and Adult Mosquito Control Program 1. Catchbasin Inspection & Treatment CMC will inspect a representative number of open -street storm -water catchbasins in each City of Fort Collins designated service area for the presence of Cu/ex and other mosquito larval development. These catchbasins have been shown in some areas to be a significant source of Cuiex disease vector mosquito production in residential areas. If indeed these CB's are producing significant numbers of mosquitoes, CMC will make appropriate control applications of Altosid or Bacillus sphaericus as needed. Cost includes all equipment, vehicles, pesticide products, labor, and liability insurance. Cost per individual stormwater catchbasin treatment: Vectolex WSP 30 day (Bacillus sphaericus in water soluble packets): $1.65/cb Altosid 30-day Briquet (methoprene): $1.95/cb Altosid 150-day Briquet (methoprene): $5.86/cb 2. Truck -based ULV Adulticide Application For large scale adult mosquito control, CMC will apply Biomist 3 + 15 or Permanone 4/8 RTU synthetic pyrethroid insecticides (permethrin). These products offer a very low toxicity, low odor, rapid biodegradation, and excellent mosquito mortality. This material will be applied along designated roads, streets and off -road areas using the ultra -low -volume (ULV) technique at 8.0 ounces per minute at 10mph vehicle speed and in strict compliance with the label and all U.S. EPA, Colorado Department of Agriculture, and Colorado Department of Public Health regulations. 7 Cost includes all equipment, vehicles, pesticide products, labor, and liability insurance. Cost per lineal spray route mile: $58.00 3. Aerial ULV Adulticide Aplication via Fixed -Wing or Rotary -wing Aircraft Emergency aerial ULV mosquito adulticide application services are available through CIVIC upon request and would be sub -contracted by a licensed, experienced and insured aerial application service. CIVIC has extensive experience with aerial mosquito control application and would oversee and direct such applications. CIVIC will apply by fixed -wing aircraft, an appropriately labeled insecticide (Anvil, Trumpet, Fyfanon, AquaReslin) for adult mosquito control. One of these materials will be applied using the ultra -low -volume (ULV) technique at the proper dosage rate and in strict compliance with the label and all U. S. EPA, Colorado Department of Agriculture, and Colorado Department of Public Health regulations. Cost will vary by total acreage selected and product chosen. Cost includes all aircraft, equipment, vehicles, pesticide products, labor, and liability insurance. Approximate cost per sprav acre: $2.00 0 EXHIBIT B INSURANCE REQUIREMENTS The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. 0