HomeMy WebLinkAbout7557417 12th St Preservation Contract Utopia Landscaping, LLC - DocuSign Envelope ID:9615DEF0-BA82-4930-A39E-52DB1DFD3477
CITY OF AUBURN
CONTRACT FOR SERVICES
12th Street Preservation Contract
Utopia Landscaping, LLC
THIS CONTRACT made and entered into on this 30th of Apri> , 2024 (the
"Effective Date"),by and between the CITY OF AUBURN ("City"), a municipal corporation of
the State of Washington, and Utopia Landscape, LLC (UBI #604820674) ("Contractor"),
whose address is 22503 91st Ave E#30, Graham, WA 98338.
RECITALS:
1) The City of Auburn owns property consisting of five contiguous tax parcels
(1921059160, 1921059161, 1921059111, 1921059140 & 1921059088) having a site
address of 735 12th Street SE, Auburn, 98002 (the "Property").
2) The City is in need of vegetation preservation and maintenance.
3) The Contractor has the skill, licenses and equipment perform such services and agrees to
perform those services at a duration and cost acceptable to the City.
In consideration of the conditions and the mutual promises and covenants contained in this
Contract, the parties agree as follows:
1. Scone of Services
On a weekly basis the Contractor agrees to perform the tasks and services, upon those
locations described and further highlighted in Exhibit A. When and only when directed by
the City, the Contractor shall also perform those additional tasks and services" upon those
locations described and further highlighted in Exhibit B. The tasks and services described in
the exhibits are both collectively and individually defined as the "Work". The Contractor
will perform the Work in a quality and professional manner acceptable to the City. The
Contractor will, without additional compensation, correct or revise any negligent errors,
omissions or other deficiencies in its services whether during or after the Term of this
Contract. Any approval by the City of Contractor's services or payment for work will not in
any way relieve the Contractor of responsibility for the adequacy of its services.
The Contractor shall supply all labor, materials, tools, protective clothing, gear and
equipment that is required or needed to perform the Work and dispose of the waste materials.
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The Contractor shall also provide for and pay for the appropriate disposal of materials and
debris it removes from the sites out of the proceeds of this Contract.
The Contractor warrants that it will use due diligence and care and take all necessary safety
precautions when working on or around the Property. Contractor further warrants that it will
take all reasonable precautions to ensure the safety of people and property on or about the
Property,whether it be associated with the City,public or private parties.Any neglect to take
reasonable precautions when working on or around the Property will be considered Defective
Work and subject to the provisions described in Section 5.0 below.
2. Contractor's Representations
The Contractor represents and warrants that it is qualified to perform the work described in
Exhibits A & B and has or can obtain all necessary licenses, tools, skills and personal
protective equipment to perform the Work. Where applicable, the Contractor will adhere to
Washington State Department of Ecologies Best Management Practices ("BMPs") S411
relating to Landscaping and Vegetation Management, a copy of which is attached for
reference as Addendum 1. Contractor will be responsible for the supervision/management
of its crew and ensure all necessary safety precautions and procedures are followed to protect
its employees and the public.
Prior to commencing any work associated with this Contract, Contractor shall supply the
City with the copies of the following documents:
• Active State of Washington business and contractor's licenses
• City of Auburn active business license
• Certificate of Insurance meeting the terms set forth in Section 13 below.
Contractor warrants that any person conducting work on behalf of this contract, not having
at least thirty (30%) percent ownership in the company shall be paid wages at or above the
prevailing wage rate for Landscape Maintenance or other appropriate trade category for King
County as of this contract's Effective Date.
Contractor further represents that the person signing this Contract on behalf of Contractor
has all requisite authority to bind Contractor to the terms and conditions of this Contract.
3. Invoicing and Compensation
As compensation for the Contractor's Work provided for in this Contract, the City will pay
the Contractor the contract rates and duration described in Exhibit A, subject to additions
and deductions by change order as may come to exist.
These payments will be full compensation for services rendered, including all labor,
materials, supplies, equipment, overhead, profit, and incidentals necessary to complete the
work unless otherwise described.
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The Contractor will submit monthly invoices to the City reflective of the Work performed at
the Property for the preceding month, or upon such other time and intervals agreed to by the
Parties. Upon i) receipt and approval of the invoice, ii) receipt of the required prevailing
wage intent and affidavit, if needed, and iii) acceptance of the Work rendered, the City will
process the invoice in the next billing/claim cycle, and will remit payment to the Contractor,
subject to any conditions or provisions in this Contract or Amendment.
Should the City elect to exercise its Extended Term rights, fees for the work described in
Exhibit A shall be pro-rated based upon a 4 week month.
4. Retainage and Prevailing Wages
If Contractor uses labor by any employee or an owner owning less than 30%in the company
while performing the services of this contract, then Contractor shall file a "Statement of
Intent to Pay Prevailing Wages" with the State of Washington Department of Labor &
Industries prior to commencing work. The Contractor shall pay prevailing wages and comply
with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable
prevailing wage rate provisions to any non-owner performing labor for this contract. The
prevailing wage rate revision effective date is linked in Exhibit C and by this reference
incorporated herein and made a part hereof. In the event of employee labor or owners with
less than 30% ownership interest in the company is used to provide work for the contract,
the City will not issue payment to Contractor until the City receives a Department of Labor
and Industries approved Statement of Intent to Pay Prevailing Wages form,copies of certified
payroll approved by Washington State Labor and Industries (L&I) and an L&I approved
Affidavit for the Contractor and each and every subcontractor providing work for the
contract.
5. Defective or Unauthorized Work
The City reserves its right to withhold payment from the Contractor for any defective,
unauthorized or incomplete work. Defective, unauthorized or incomplete work includes,
without limitation: work that does not conform to the requirements of this Contract,any extra
work charged for without the City's written approval. If the Contractor is unable, for any
reason, to satisfactorily complete any portion of the work, the City may complete the work
by contract or otherwise,and the Contractor shall be liable to the City for any additional costs
incurred by the City. If the Contractor as part of its work creates unnecessary or unreasonable
impact to the Sites, the contractor shall be responsible for restoration of the impacted areas
at their sole cost and expense plus additional costs that shall not be charged against this
Contract. "Additional costs" shall mean all reasonable costs, including legal costs and
attorney fees,incurred by the City beyond the maximum Contract price specified above. The
City further reserves its right to deduct the cost to complete the Contract work,including any
additional costs, from any and all amounts due or to become due the Contractor.
6. Term, and Termination of the Contract
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Term. This Contract will commence on May 1, 2024 (the "Commencement Date") and
unless otherwise terminated for cause or convenience as described below, the Contract will
expire on 10/31/2024 ("Expiration Date").
Extended Term. At City's election, which shall be provided by written notice, the parties
agree to extend this Contract in weekly increments for up to an additional two-months.
Termination for cause. Except as provided in Section 13, either party may terminate this
Contract upon not less than seven (7) days from issuing written notice to the other party if
the other party fails substantially to perform in accordance with the terms of this Contract
through no fault of the party terminating the Contract. The notice will identify the reason(s)
for termination, and specify the effective date of termination. In the event of a default by
Contractor, City may suspend all payments otherwise due to Contractor and the City will
have no further obligations to Contractor.
Termination for Convenience. The City may terminate this Contract upon not less than
seven (7) days written notice, which shall contain the effective date of termination, to the
Contractor. If this Contract is terminated through no fault of the Contractor, the Contractor
will be compensated for work performed prior to termination in accordance with the rate of
compensation provided in Exhibit A & B. This payment shall fully satisfy and discharge
the City of all obligations and liabilities owed the Contractor,who shall not be liable for any
anticipated profits or other consequential damages resulting from the termination.
Upon receipt of a termination notice, the Contractor will promptly discontinue all work and
deliver any outstanding invoice for services performed to the City immediately.
All rights and remedies provided in this Section are not exclusive of any other rights or
remedies that may be available to the City, whether provided by Law, equity, in any other
Contract between the parties or otherwise.
7. Changes, Protest and Claims
Either party may request a written change order for any change in the Contract work during
the performance of this Contract. Such requests will not invalidate this Contract.
Contractor must submit a written change order request to an authorized City agent within 3
calendar days of the date the facts and events giving rise to the requested change occurred.
If Contractor fails to request a change order within this deadline, Contractor waives its right
to make any claim or submit subsequent change order requests for that portion of the Contract
work.
The City may order extra work in writing, or may make changes to the Contract work by
altering, adding to, or deducting from the Scope of Work. The Contractor shall proceed with
the change order work upon receiving a written change order from the City.
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If the City determines that a change initiated by the City or Contractor increases or decreases
the Contractor's costs or time for performance, the City will make an equitable adjustment
and will attempt, in good faith, to reach agreement with the Contractor. However, if the
parties are unable to agree, the City will determine the equitable adjustment as it deems
appropriate. If the Contractor disagrees with the equitable adjustment, the Contractor must
complete the change order work;however,the Contractor may elect to protest the adjustment
as provided below:
A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything
required by a change order or other written order from the City, including any direction,
instruction, interpretation, or determination by the City, the Contractor shall:
1.Within 5 days of receiving the change order that the Contractor desires to protest, the
Contactor shall give a signed written notice of protest to the City; and
2. Supplement the written protest within 14 calendar days with a written statement that
provides the following information:
a. The date of the Contractor's protest.
b. The nature and circumstances that caused the protest.
c. The provisions in this Contract that support the protest.
d. The estimated dollar cost, if any, of the protested work and how that estimate was
determined.
e. An analysis of the progress schedule showing the schedule change or disruption if the
Contractor is asserting a schedule change or disruption.
The Contractor shall keep complete records of extra costs and time incurred as a result of the
protested work. The City shall have access to any of the Contractor's records needed for
evaluating the protest.
3. The City will evaluate all protests, provided the procedures in this section are followed.
If the City determines that a protest is valid, the City will adjust payment for work or time
by an equitable adjustment. No adjustment will be made for an invalid protest.
B. Contractor's Duty to Complete Protested Work. In spite of any protest, the Contractor
shall proceed promptly with the work as the City has ordered.
C. Contractor's Acceptance of Changes. The Contractor accepts all requirements of a
change order by: (1) endorsing it, (2) writing a separate acceptance, or(3) not protesting in
the way this section provides. A change order that is accepted by the Contractor as provided
in this section shall constitute full payment and final settlement of all claims for Contract
time and for direct, indirect and consequential costs, including costs of delays related to any
work, either covered or affected by the change.
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D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the
Contractor also waives any additional entitlement and accepts from the City any written order
(including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of
this section, the Contractor completely waives any claims for protested work and accepts
from the City any written order (including directions, instructions, interpretations, and
determination).
G. Claims. The Contractor waives right to a claim if they have not followed the protest
procedures outlined in this Contract. If resolution of a protest cannot be reached, and the
Contractor wishes to pursue a claim, the Contractor shall give written notice of claim to the
City within 15 calendar days of the City's notice of its final decision on the Contractor's
protest. Any claim for damages, additional payment for any reason, or extension of time,
whether under this Contract or otherwise, shall be conclusively deemed to have been waived
by the Contractor unless a timely written claim is made in strict accordance with the
applicable provisions of this Contract. At a minimum, a Contractor's written claim must
include the information set forth regarding protests in this Contract.
Failure to provide a complete, written notification of claim within the time allowed shall be
an absolute waiver of any claims arising in any way from the facts or events surrounding that
claim or caused by that delay. The Contractor must,in any event, file any claim or bring any
suit arising from or connected with this Contract prior to signing the Final Payment Form.
THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING
WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S
CLAIMS,EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED
BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE
AND ACCEPTED.
8. Records Inspection and Audit
All compensation payments will 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 services performed under this Contract will 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 Contract. If any litigation, claim, dispute, or audit is initiated before
the expiration of the three(3)pear period, all records and books of account pertaining to any
work performed under this Contract will be retained until all litigation, claims, disputes, or
audit are finally resolved.
9. Continuation of Performance
In the event that any dispute or conflict arises between the parties while this Contract is in
effect, the Contractor agrees that, notwithstanding such dispute or conflict, the Contractor
will continue to make a good faith effort to cooperate and continue to work toward successful
completion of the delivery of services and its contractual responsibilities.
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10. Independent Contractor
The Contractor will perform the services as an independent contractor and will not be
deemed, by virtue of this Contract and performance of its provisions, to have entered into
any partnership,joint venture, employment or other relationship with the City. Nothing in
this Contract creates any contractual relationship between the Contractor's employee, agent,
or subcontractor and the City.
11. Administration of Contract& Designated Representative
This Contract will be administered by Pedro Vazquez, on behalf of the Contractor, and by
the Mayor of the City, or designee, on behalf of the City. The City designates those
individuals listed below to act as administrators of this Contract on behalf of the City. Any
written notices required by the terms of this Contract will be served on or mailed to the
following addresses:
City of Auburn Utopia Landscaping, LLC
Real Estate Division Pedro Vazquez
Josh Arndt 22503 91st Ave E#30
25 West Main St Graham, WA 98338
Auburn WA 98001-4998 Phone: 253.389.9887
Phone: 253.288.4325 Email:
Email: jarndt@auburnwa.gov Utopialandscapelipf@gmail.com
With copies to:
Clerk's Office
Katie Sorum
25 West Main St
Auburn, WA 98001-4998
Phone: 253.237.3930
Email: KSorum@auburnwa.gov
12. Notices
All notices or communications permitted or required to be given under this Contract will be
in writing or electronic transmission (email) and will be deemed to have been duly given if
delivered in person or sent by regular mail, postage prepaid, and addressed, if sent by email
it will be deemed delivered when sent by the sending party, if to a party of this Contract, to
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the address for the party set forth above. If addressed to a non-party, the notice will be sent,
in the foregoing manner, to the address designated by a party to this Contract.
Either party may change its address by giving notice in writing to the other party.
13. Insurance
The Contractor will,at its sole expense,procure and maintain for the duration of this Contract
and 30 days thereafter insurance against claims for injuries to persons or damage to property
which may arise from or in connection with the performance of this Contract by the
Contractor, its agents, representatives, or employees.
Contractor's maintenance of insurance as required by the Contract will not be construed to
limit the liability of the Contractor 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 Contractor will obtain insurance of the types described below:
a. Automobile Liability insurance written on Insurance Services Office (ISO) form CA 00
01 or a substitute form providing equivalent liability coverage. Coverage must not be
less than $2,000,000 combined single limit for bodily injury and property damage,
$2,000,000 general aggregate(including umbrella limits) and coverage must include the
following:
a. Owned vehicles
b. Leased vehicles
c. Hired vehicles
d. Non-owned vehicles
e. Motorized/power equipment
b. Commercial General Liability - at least $2,000,000 per occurrence and $2,000,000
annual aggregate, written on ISO form CG 00 01 covering Personal Injury Liability,
Bodily Injury, Property Damage Liability.
c. Workmen's Compensation — Statutory Limits for the State in which the work is to be
performed, together with "ALL STATES", "VOLUNTARY COMPENSATION" AND
"FOREIGN COMPENSATION" coverage endorsements.
For Automobile Liability and Commercial General Liability insurance, the policies are to
contain, or be endorsed to contain that Contractor's insurance coverage will be primary
insurance as respects the City. Any insurance, self-insurance, or self-insurance pool
coverage maintained by the City will be excess of the Contractor's insurance and will not
contribute with it.
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:X.
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Contractor shall list The City of Auburn as Additional Insured using ISO Additional Insured
endorsement CG 20 10 10 01 or substitute endorsement.
The Contractor will furnish the City with original 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 this Contract before commencement
of the work.
The City reserves the right to require that complete, certified copies of all required insurance
policies and/or evidence of all subcontractors' coverage be submitted to the City at any time.
The City may withhold payment if the Contractor does not fully comply with this request.
If the Contractor maintains higher insurance limits than the minimums shown above,the City
will be insured for the full available limits of Commercial General and Excess or Umbrella
liability maintained by the Contractor, irrespective of whether such limits maintained by the
Contractor are greater than those required by this Contract or whether any certificate of
insurance furnished to the City evidences limits of liability lower than those maintained by
the Contractor.
Failure on the part of the Contractor to maintain the insurance as required will constitute a
material breach of contract, upon which the City may, after giving five (5) business days'
notice to the Contractor to correct the breach, immediately terminate the Contract or, at its
discretion, procure or renew such insurance and pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the City on demand, or at the sole
discretion of the City, offset against funds due the Contractor from the City.
14. Indemnification/Hold Harmless
Except for injuries and damages caused by the sole negligence of the City, the Contractor
will defend,indemnify and hold the City and its officers,officials,employees,and volunteers
harmless from any and all claims, injuries, damages, losses, or suits of every kind, including
attorney fees and litigation expenses, arising out of or resulting from the acts, errors, or
omissions of the Contractor, its employees, agents, representatives, or subcontractors,
including employees, agents, or representatives of its subcontractors, made in the
performance of this Contract, or arising out of worker's compensation, unemployment
compensation, or unemployment disability compensation claims.
However, should a court of competent jurisdiction determine that this Contract 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
Consultant and the Public Entity, its officers, officials, employees, and volunteers, the
Consultant's liability, including the duty and cost to defend, hereunder shall be only to the
extent of the Consultant's negligence.
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The Contractor shall take all precautions necessary and shall be responsible for the safety of
its employees, agents,and subcontractors in the performance of this Contract. All work shall
be done at the Contractor's own risk, and the Contractor shall be responsible for any loss of
or damage to materials, tools, or other articles used or held for use in connection with the
work.
The Contractor agrees that neither completion nor final acceptance shall relieve the
Contractor of the indemnity and other provisions of this section.
It is further specifically and expressly understood that this indemnification constitutes the
Contractor'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 will survive the expiration or termination of this Contract.
15. Assignment and Subcontracting
Neither party to this Contract will assign any right or obligation hereunder in whole or in
part, without the prior written consent of the other party. No assignment or transfer of any
interest under this Contract will release the assignor from any liability or obligation under
this Contract,or to cause any such liability or obligation to be reduced to a secondary liability
or obligation.
The Contractor shall not subcontract work unless the City approves in writing. If the City
requests,the Contractor shall provide proof that the subcontractor has the experience,ability,
and equipment the work requires.
The Contractor shall require each subcontractor to comply with RCW 39.12 (Prevailing
Wages on Public Works) and to furnish all certificates and statements required by the
Contract. No payment shall be issued until a Statement of Intent to Pay Prevailing Wages
form, for the Contractor and each and every subcontractor, has been approved by the State
Department of Labor& Industries, and is received by the City.
Approval to subcontract shall not:
1. Relieve the Contractor of any responsibility to carry out the Contract.
2. Relieve the Contractor of any obligations or liability under the Contract and the
Contractor's bond.
3. Create any contract between the City and the subcontractor, or
4. Convey to the subcontractor any rights against the City.
This section does not create a contractual relationship between the City and any
subcontractor. Also,it is not intended to bestow upon any subcontractor,the status of a third-
party beneficiary to the Contract between the City and the Contractor.
16. Nondiscrimination
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The Contractor may not discriminate regarding any services or activities to which this
Contract 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.
17. Amendment, Modification or Waiver
No amendment,modification, or waiver of any condition,provision, or term of this Contract
will be valid or of any effect unless made in writing, signed by the party or parties to be
bound, or the party's or parties' duly authorized representative(s) and specifying with
particularity the nature and extent of such amendment, modification or waiver. Any waiver,
approval or acceptance, or payment by any party will not affect or impair that party's rights
arising from any default by the other party.
18. Parties in Interest
This Contract is binding upon, and the benefits and obligations hereto will inure to and bind,
the parties and their respective successors and assigns, although this section will not be
deemed to permit any transfer or assignment otherwise prohibited by this Contract. This
Contract is for the exclusive benefit of the parties 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.
19. Force Mai eure
Any delay in the performance of any obligation under this Contract shall be excused, if and
so long as the performance of the obligation is prevented, delayed or otherwise hindered by
any act not within the control of a party such as fire, cyber/ransomware attack, earthquake,
flood, explosion, actions of the elements, riots, mob violence, strikes, pandemic, lockouts,
and emergency orders of the state or federal government.
20. Applicable Law
This Contract and the rights of the parties will be governed by with the laws,regulations, and
ordinances of the City, of the State of Washington, and King County. Venue for any action
involving this Contract will be in the county in which the property or project is located, and if
not site specific,then in King County. It is agreed that any applicable statute of limitation will
commence no later than the substantial completion by the Contractor of the services.
21. Captions, Headings and Titles
All captions, headings or titles in the paragraphs or sections of this Contract are inserted for
convenience of reference only and will not constitute a part of this Contract or act as a
limitation of the scope of the particular paragraph or sections to which they apply. Where
appropriate, the singular will include the plural and vice versa and masculine, feminine and
neuter expressions will be interchangeable. Interpretation or construction of this Contract
will not be affected by any determination as to who is the drafter of this Contract, this
Contract having been drafted by mutual Contract of the parties.
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22. Severable Provisions
Each provision of this Contract is intended to be severable. If any provision is illegal or
invalid for any reason,such illegality or invalidity will not affect the validity of the remaining
provisions.
23. Entire Contract
This Contract together with any subsequent amendments or addendums contains the entire
understanding of the parties in respect to the transactions contemplated and supersedes all
prior representations, Contracts and understandings between the parties, either oral or
written. No other understandings, oral or otherwise, regarding this Contract shall bind any
party.
24. Non-Availability of Funds
Every obligation of the City under this Contract is conditioned upon the availability of funds
appropriated or allocated for the performance of such obligation; and if funds are not
allocated and available for the continuance of this Contract, then this Contract may be
terminated by the City at the end of the period for which funds are available, without the
seven(7)days' notice provided by Section 6. No liability will accrue to the City in the event
this provision is exercised,and the City will not be obligated or liable for any future payments
or damages as a result of termination under this Section.
25. Counterparts
This Contract may be executed in multiple counterparts, each of which will be one and the
same Contract and will become effective when one or more counterparts have been signed
by each of the parties and delivered to the other party.
SIGNATURES ON THE FOLLOWING PAGE
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IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed effective
the day and year first set forth above.
CITY OF AUBURN UTOPIA LANDSCAPING,LLC
r DocuSi ned by: DocuSigned by:
4/30/2024 Wc.
U"v 4/29/2024
r��acr ou i i Vy,c. . ` l Htltfb LbUI- 4L6
Nancy BacIus, Mayor Pedro Vazquez, Owner
Approved as to Form
DocuSigned by:
VbulaS 04, 4/29/2024
LOO 06rFtJl�yJ4rV
Douglas P. Ruth, Acting City Attorney
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EXHIBIT A
Tasks and Services
• Weekley vegetation management and preservation to include: mowing, line-
trimming, edging & blowing of the parking lot landscape islands and the
eastern vegetated area (map provided for reference).
o Monthly rate including tax = $705.28
Apo
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EXHIBIT B
Additional Tasks and Services
• Line Trim ("Task") the fenced area as directed by the City (map provided
for reference).
o Per Task cost including tax = $154.28
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April,2024
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DocuSign Envelope ID:9615DEF0-BA82-4930-A39E-52DB1 DFD3477
Exhibit C
Prevailing Wane Rates
• County work performed: King
• Effective Date of wages: [Contract Effective Datel
• Washington State Department of Labor and Industries Wage Lookup
o httns://secure.lni.wa.gov/wagelookun/?utm medium=email&utm source=govdeliver
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April,2024
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DocuSign Envelope ID:9615DEF0-BA82-4930-A39E-52DB1DFD3477
ADDENDUM 1
Best Management Practices (BMPs)
S411 BMPs for Landscaping and Lawn / Vegetation
Management
Description of Pollutant Sources: Landscaping can include grading, soil transfer,
vegetation planting, and vegetation removal. Examples include weed control on golf course
lawns, access roads, and utility corridors and during landscaping; and residential lawn/plant
care. Proper management of vegetation can minimize excess nutrients and pesticides.
Pollutant Control Approach: Maintain appropriate vegetation to control erosion and the
dis- charge of stormwater pollutants. Prevent debris contamination of stormwater. Where
practicable, grow plant species appropriate for the site, or adjust the soil properties of the site to
grow desired plant species.
Applicable BMPs:
Install engineered soil/landscape systems to improve the infiltration and regulation of
storm-water in landscaped areas.
o Select the right plants for the planting location based on proposed use, available
maintenance, soil conditions, sun exposure, water availability, height, sight factors, and
space available.
o Ensure that plants selected for planting are not on the noxious weed list. For example,
butterfly bush often gets planted as an ornamental but is actually on the noxious weed
list.
The Washington State Noxious Weed List can be found at the following webpage:
https://www.nwcb.wa.gov/mintable-noxious-weed-list
o Do not dispose of collected vegetation into waterways or storm sewer systems.
o Do not blow vegetation or other debris into the drainage system.
o Dispose of collected vegetation such as grass clippings, leaves, sticks by composting or
recycling.
o Remove, bag, and dispose of class A&B noxious weeds in the garbage immediately.
o Do not compost noxious weeds as it may lead to spreading through seed or fragment
if the composting process is not hot enough.
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o Use manual and/or mechanical methods of vegetation removal (pincer-type weeding
tools, flame weeders, or hot water weeders as appropriate) rather than applying
herbicides, where practical.
o Use at least an eight-inch "topsoil" layer with at least 8 percent organic matter to provide
a sufficient vegetation-growing medium.
o Organic matter is the least water-soluble form of nutrients that can be added to the
soil. Composted organic matter generally releases only between 2 and 10 percent
of its total nitrogen annually, and this release corresponds closely to the plant
growth cycle. Return natural plant debris and mulch to the soil, to continue
recycling nutrients indefinitely.
o Select the appropriate turfgrass mixture for the climate and soil type.
o Certain tall fescues and rye grasses resist insect attack because the symbiotic
endo-phytic fungi found naturally in their tissues repel or kill common leaf and
stem-eating lawn insects.
o The fungus causes no known adverse effects to the host plant or to humans.
o Tall fescues and rye grasses do not repel root-feeding lawn pests such as
Crane Fly larvae.
o Tall fescues and rye grasses are toxic to ruminants such as cattle and sheep
o Endophytic grasses are commercially available; use them in areas such as parks or
golf courses where grazing does not occur.
o Local agricultural or gardening resources such as Washington State University
Extension office can offer advice on which types of grass are best suited to the area
and soil type.
o Use the following seeding and planting BMPs, or equivalent BMPs, to obtain
information on grass mixtures, temporary and permanent seeding procedures,
maintenance of a recently planted area, and fertilizer application rates: BMP C 120:
Temporary and Permanent Seeding, BMP C121: Mulching, BMP C123: Plastic
Covering, and BMP C 124: Sodding.
o Adjusting the soil properties of the subject site can assist in selection of desired plant
species. Consult a soil restoration specialist for site-specific conditions.
Recommended Additional BMPs:
o Conduct mulch-mowing whenever practicable.
o Use native plants in landscaping. Native plants do not require extensive fertilizer or
pesticide applications. Native plants may also require less watering.
o Use mulch or other erosion control measures on soils exposed for more than one week
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during the dry season (May 1 to September 30) or two days during the rainy season
(October 1 to April 30).
o Till a topsoil mix or composted organic material into the soil to create a well-mixed
transition layer that encourages deeper root systems and drought-resistant plants.
o Apply an annual topdressing application of 3/8" compost. Amending existing
landscapes and turf systems by increasing the percent organic matter and depth of
topsoil can:
o Substantially improve the permeability of the soil.
o Increase the disease and drought resistance of the vegetation.
o Reduces the demand for fertilizers and pesticides.
o Disinfect gardening tools after pruning diseased plants to prevent the spread of disease.
o Prune trees and shrubs in a manner appropriate for each species.
o If specific plants have a high mortality rate, assess the cause and replace with another
more appropriate species.
o When working around and below mature trees, follow the most current American
National Standards Institute (ANSI) ANSI A300 standards (see
http://www.tcia.org/TCIA/BUSINESS/ANSI_A300 Standards JTCIA/BUSINESS/A300_
Standards/A300_Standards.aspx?hkey=202ff566-4364-4686-b7c 1-2a365af59669) and
International Society of Arboriculture BMPs to the extent practicable (e.g., take care to minimize
any damage to tree roots and avoid compaction of soil).
o Monitor tree support systems (stakes, guys, etc.).
o Repair and adjust as needed to provide support and prevent tree damage.
o Remove tree supports after one growing season or maximum of 1 year.
o Backfill stake holes after removal.
o When continued, regular pruning (more than one time during the growing season) is
required to maintain visual sight lines for safety or clearance along a walk or drive,
consider relocating the plant to a more appropriate location.
o Make reasonable attempts to remove and dispose of class C noxious weeds.
o Re-seed bare turf areas until the vegetation fully covers the ground surface.
o Watch for and respond to new occurrences of especially aggressive weeds such as
Himalayan blackberry, Japanese knotweed, morning glory, English ivy, and reed canary
grass to avoid invasions.
o Plant and protect trees per BMP T5.16: Tree Retention and Tree Planting.
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o Aerate lawns regularly in areas of heavy use where the soil tends to become compacted.
Con- duct aeration while the grasses in the lawn are growing most vigorously. Remove
layers of thatch greater than 3/4-inch deep.
o Set the mowing height at the highest acceptable level and mow at times and intervals
designed to minimize stress on the turf. Generally mowing only 1/3 of the grass blade
height will prevent stressing the turf.
o Mowing is a stress-creating activity for turfgrass.
o Grass decreases its productivity when mowed too short and there is less growth
of roots and rhizomes. The turf becomes less tolerant of environmental stresses,
more dis- ease prone and more reliant on outside means such as pesticides,
fertilizers, and irrigation to remain healthy.
Additional BMP Information:
o King County's Best Management Practices for Golf Course Development and Operation
(King County, 1993) has additional BMPs for Turfgrass Maintenance and Operation.
o King County, Seattle Public Utilities, and the Saving Water Partnership have created
the following natural lawn and garden care resources that include guidance on building
healthy soil with compost and mulch, selecting appropriate plants, watering,using
alternatives to pesticides, and implementing natural lawn care techniques.
o Natural Yard Care-Five steps to make your piece of the planet a healthier place to
Live
(King County and SPU, 2008)
o The Natural Lawn & Garden Series: Smart Watering(Saving Water Partnership,
2006)
o Natural Lawn Care for Western Washington (Saving Water Partnership, 2007)
o The Natural Lawn & Garden Series: Growing Healthy Soil; Choosing the Right
Plants; and Natural Pest, Weed and Disease Control(Saving Water
Partnership, 2012)
o The International Society of Arboriculture (ISA) is a group that promotes the professional
practice of arboriculture and fosters a greater worldwide awareness of the benefits of
trees through research, technology, and education. ISA standards used for managing
trees, shrubs, and other woody plants are the American National Standards Institute
(ANSI)A300 standards. The ANSI A300 standards are voluntary industry consensus
standards developed by the Tree Care Industry Association(TCIA) and written by the
Accredited Standards Committee (ASC). The ANSI standards can be found on the ISA
website: www.isa-arbor.- com/education/publications/index.aspx
o Washington State University's Gardening in Washington State website at
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http://garden- ing.wsu.edu contains Washington State specific information about
vegetation management based on the type of landscape.
See the Pacific Northwest Plant Disease Management Handbook(Pscheidt and
Ocamb, 2016) for information on disease recognition and for additional resources.
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