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HomeMy WebLinkAboutAG-S-075, Eden Advanced Pest Technologies0 3.1 U, C�'J CITY OF AUBURN AGREEMENT FOR SERVICES AG -S -075 THIS AGREEMENT made and entered into on this = day of 2014, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "City" and Eden Advanced Pest Technologies, 3425 Stoll Rd SE, Olympia WA 98501, hereinafter referred to as the "Provider." WITNESSETH: WHEREAS, the City is in need of the services of individuals, employees or firms for monitoring and possible treatment of mosquito larval sites; and, WHEREAS, the City desires to retain the Provider to provide said services in connection with the City's work; and, WHEREAS, the Provider is qualified and able to provide services in connection with the City's needs for the above - described work, and is willing and agreeable to provide such services upon the terms and conditions herein contained. NOW, THEREFORE, the parties hereto agree as follows: Scope of Services The Provider agrees to perform in a good and professional manner the tasks described on Exhibit "A" which is attached hereto and by this reference made a part of this Agreement. (The tasks described on Exhibit "A" shall be individually referred to as a "task," and collectively referred to as the "services. ") The Provider shall perform the services as an independent contractor and shall not be deemed, by virtue of this Agreement and the performance thereof, to have entered into any partnership, joint venture, employment or other relationship with the City. 2. Additional Services In the event additional services with respect to related work are required beyond those specified in the Scope of Work, and not included in the compensation listed in this Agreement, a contract amendment shall be set forth in writing and shall be executed by the respective parties prior to the Provider's performance of the services there under, except as may be provided to the contrary in Section 3 of this Agreement. Upon proper completion and execution of an Amendment (agreement for additional services), such Amendment shall be incorporated into this Agreement and shall have the same force and effect as if the terms of such Amendment were a part of this Agreement as originally executed. The performance of services pursuant to an Amendment shall be subject to the terms and conditions of this Agreement except where the Amendment provides to the contrary, in which case the terms and conditions of any such Amendment shall Eden Advanced Pest Technologies AG -S -075 Page I of I1 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. Maps, information, and briefings about progress in other areas of the Integrated Mosquito Management (IMM) program. c. Public notification of the intent to spray for adult mosquito control. The Provider shall be responsible for the following: a. List of approved pesticides for use in urban and rural areas. b. Responsibility for pesticide applications. c. Aquatic Mosquito Control NPDES permit 6. Acceptable Standards The Provider shall be responsible to provide, in connection with the services contemplated in this Agreement, work products and services of a quality and professional standard acceptable to the City. Eden Advanced Pest Technologies AG -S -075 Page 2 of I I 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 $60,000.00. 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 September, 2014. The Term of this Agreement shall terminate on October 31. 2014. 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. Eden Advanced Pest Technologies AG -S -075 Page 3 of t 1 12. Administration of Agreement This.Agreement shall be administered by Stan Dawkins 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: City of Auburn Eden Advanced Pest Technologies Tim Carlaw, Storm Drainage Engineer Stan Dawkins 25 W Main St 3425 Stoll Rd SE Auburn, WA 98001 -4998. Olympia, WA 98501 Phone: 253.804.5060 Phone: 503.209.5166 Fax: 253.931.3053 Phone: 800.401.9935 E -mail: tcarlaw @auburnwa.gov E -mail: stan @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. Eden Advanced Pest Technologies AG -S -075 Page 4 of I I Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured - Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate, and a $2,000,000 products - completed operations aggregate limit. c. Worker's Compensation coverage as required by the Industrial Insurance laws of the State of Washington. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: a. The Provider's insurance coverage shall be primary insurance as respects the City. Any insurance, self- insurance, or insurance pool coverage maintained by the City shall be excess of the Provider's insurance and shall not contribute with it. b. The Provider's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City. Insurance is to be placed with an authorized insurer in Washington State. The insurer must have a current A.M. Best rating of not less than ANIL Provider shall furnish the City with certificates of insurance and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Provider before commencement of the work. 15. Indemnification /Hold Harmless The Provider shall defend, indemnify and hold the City and its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Eden Advanced Pest Technologies AG -S -075 Page 5 of 11 Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Provider and the City, its officers, officials, employees, and volunteers, the Provider's liability hereunder shall be only to the extent of the Provider's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Provider's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 16. Assignment Neither party to this Agreement shall assign any right or obligation hereunder in whole or in part, without the prior written consent of the other party hereto. No assignment or transfer of any interest under this Agreement shall be deemed to release the assignor from any liability or obligation under this Agreement, or to cause any such liability or obligation to be reduced to a secondary liability or obligation. 17. Nondiscrimination The Provider may not discriminate regarding any services or activities to which this Agreement may apply directly or through contractual, hiring, or other arrangements on the grounds of race, color, creed, religion, national origin, sex, age, or where there is the presence of any sensory, mental or physical handicap. 18. Amendment. Modification or Waiver No amendment, modification or waiver of any condition, provision or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound, or such party's or parties' duly authorized representative (s) and specifying with particularity the nature and extent of such amendment, modification or waiver. Any waiver by any party of any default of the other party shall not affect or impair any right arising from any subsequent default. Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant to this Agreement. 19. Termination and Suspension Either party may terminate this Agreement upon written notice to the other party if the other party fails substantially to perform in accordance with the terms of this Agreement through no fault of the party terminating the Agreement. The City may terminate this Agreement upon not less than seven (7) days written notice to the Provider if the services provided for herein are no longer needed from the Provider. Eden Advanced Pest Technologies AG -S -075 Page 6 of I 1 If this Agreement is terminated through no fault of the Provider, the Provider shall be compensated for services performed prior to termination in accordance with the rate of compensation provided in Exhibit "B" hereof. 20. Parties in Interest This Agreement shall be binding upon, and the benefits and obligations provided for herein shall inure to and bind, the parties hereto and their respective successors and assigns, provided that this section shall not be deemed to permit any transfer or assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive benefit of the parties hereto and it does not create a contractual relationship with or exist for the benefit of any third party, including contractors, subcontractors and their sureties. 21. Costs to Prevailing Party In the event of such litigation or other legal action, to enforce any rights, responsibilities or obligations under this Agreement, the prevailing parties shall be entitled to receive its reasonable costs and attorney's fees. 22. Applicable Law This Agreement and the rights of the parties hereunder shall be governed by and interpreted in accordance with the laws of the State of Washington and venue for any action hereunder shall be in of the county in Washington State in which the property or project is located, and if not site specific, then in King County, Washington; provided, however, that it is agreed and understood that any applicable statute of limitation shall commence no later than the substantial completion by the Provider of the services. 23. Captions, Headings and Titles All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for convenience of reference only and shall not constitute a part of this Agreement or act as a limitation of the scope of the particular paragraph or sections to which they apply. As used herein, where appropriate, the singular shall include the plural and vice versa and masculine, feminine and neuter expressions shall be interchangeable. Interpretation or construction of this Agreement shall not be affected by any determination as to who is the drafter of this Agreement, this Agreement having been drafted by mutual agreement of the parties. 24. Severable Provisions Each provision of this Agreement is intended to be severable. If any provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. 25. Entire Agreement This Agreement contains the entire understanding of the parties hereto in respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties with respect to such subject matter. Eden Advanced Pest Technologies AG -S -075 Page 7 of I I 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 Nancy Back Q Mayor Attest: Da ielle Daskam City Clerk EDEN ADVANCED PEST TECHNOLOGIES Signature Name: S'Mf') DAWj -t Title: AaEA [ KTQACT MAA//ftr~�--t Federal Tax ID No: 42 � /SLB LSn Eden Advanced Pest Technologies AG -5 -075 Page 8 of I I EXHIBIT A SCOPE OF SERVICES Eden Advanced Pest Technologies (EDEN) will provide mosquito larval surveillance to provide an overview of mosquito breeding activity for each of the facilities listed below. Selection of larval monitoring sites for each facility will be determined in location and number so as to give an adequate assessment of emerging mosquito populations, especially mosquito species that are known vectors of West Nile virus. EDEN will maintain coverage under the Aquatic Mosquito Control National Pollutant Discharge Elimination System State Waste Discharge General Permit issued by the State of Washington Department of Ecology and complete any reporting required by the permit. Larval collections will be accomplished by "dipping ". Surveillance data will be updated in a timely manner. Reports showing larvae counts and larvacide application will be provided to the City by online access. All surveillance will be performed in coordination with local authorities. Surveillance activities will be conducted monthly, May through September (more surveillance may be needed during period of warm wet weather depending on activity). If predetermined thresholds of mosquito larvae are reached, the application of larvicides will be made to key breeding sites. Vectolex will be the lavacide of choice; however, all materials will be approved by the local authority. Larvicide applications will be performed in conjunction with the surveillance described. Adult mosquito monitoring may be performed in areas where larval collection will not be effective or in areas where tracking adult mosquito populations is deemed necessary. Adult monitoring will be done with CDC light traps and by observing landing counts. Additional services may be requested to respond to an elevated WNV alert level issued by the Health Department. Wet Ponds No. Facility Name Location Intersection Description 1 Auburn West 59 Avenue S 59 Ave S & S 294 St SW corner of intersection 2 Cedar Rid a Estates 55 Place S e - south of S 296 St Nearest address # 29626 3 Meadowfield Ride 54 Court S n/a - north of S 296 St Nearest address # 29503 4 Greenwood Lane S 303` Place S 303 PI & 51' Ave S SE corner of intersection 5 Lloyds Pit North Terrace Drive NW Terrace or NW & 15 St NW SE corner of intersection 6 Race Track Emerald Downs Drive NW Emerald Downs or & 37 St NW SW corner of intersection 7 Glacier Park D Street NW n/a — west side of D St NW Nearest address # 5002 8 277 East B St NW B St NW & S 277 St SE corner of intersection 9 Emerald aka Opus 42" Street NW 42" St NW & C St NE NW corner of intersection 10 C St SW & Hwy 18 C Street SW C Street SW & 3' St SW West side of C St SW 17 Swan Flats 37 Court SE 37 Ct SE & Juni er Lane SE SW corner of intersection 12 Riverwalk North 28 Street SE 29 St SE 8 Rivenvalk Dr SE NW corner of intersection 13 Mill Pond Mill Pond Drive SE Mill Pond or SE & Oravetz Rd SE NE corner of intersection Eden Advanced Pest Technologies AG -S -075 Page 9 of 11 No. Facility Name Location Intersection Description 14 Lakeland Hills Way N Lakeland Hills Way SE Lakeland Hills Way SE & A St SE NE corner of intersection 15 Lakeland Hills Way S Lakeland Hills Way SE Lakeland Hills Way SE & A St SE SE corner of intersection 16 Vista Heights A St SE n/a — east side of A St SE South of LHWS pond 17 LTPE1 East Valley Access Road South access Rd & Lake Tapps Plky NW corner of intersection 18 LTPE2 Lake Tapps Parkway SE n/a — north side of Lake Tapps Pkwy West of Sunset Park 19 East ointe 62" Loo SE n/a — east side of 62" Loop SE Nearest address # 2121 20 Lake Tapps Pkwy 1 Lake Tapps Parkway SE n/a — south side of Lake Tapps Pkwy West of Charlotte Ave SE 21 Lake Tapps Pkwy 2 Lake Tapps Parkway SE n/a — north side of Lake Tapps Pkwy East of Franklin Avenue SE 22 Royal Hills B SE 316 Place SE 316 PI & 112 Ave SE NE comer of intersection 23 Summerfield Estates SE 320 Street n/a north side of SE 320 Street Nearest address # 11504 24 Royal Hill D 112 Avenue SE 112 Ave SE & SE 314 Place SE corner, access from 112 25 Arbor View 114 n Avenue SE 114 1h Ave SE & SE 315,n Street NE corner of intersection 26 Eagle Run --Tl4ffi 114 Avenue SE n/a — east side of 114 Ave SE Nearest address # 31501 27 Campus Rim Avenue SE 114 Ave SE & SE 316 Place SE corner of intersection 28 Rainier Ride 1 126 Avenue SE 126 Ave SE & SE 318 Way Nearest address # 31809 29 Rainier Ridge 2 SE 318 Way n/a — south side of SE 318 wa Nearest address # 12727 30 Duber Hills 3 132" Avenue SE 132" Ave SE & SE 299 Street NW corner of intersection 31 Duberry Hills 4 132" Avenue SE n/a —west side of 132" Ave SE North of Duberry Hills 3 pond 32 Sunset Meadows SE 282" Street SE 282" St & 132nd Ave BE NW corner of intersection 33 Duberry Hills 2 SE 299 Street SE 299 St & 129 Place SE South of intersection 34 Duberry Hills 1 124 Avenue SE 124 Ave SE & SE 298 Place SE BE corner of intersection 35 Crystal Meadows SE 304m Court SE 304 Ct & 121 Place SE East end of SE 304m Ct 36 Hazel Park East 120 Avenue BE n/a — eastside of 120 Ave SE Nearest address # 30340 37 Ridge at Willow Park SE 304 Street SE 304 St & 127 Place SE West of 127 Place SE 38 Willow Park pond 2 SE 306 Court SE 306 Ct & 127 Place SE West end of SE 306 Court 39 Ha adorn Park SE 305 Court SE 305 Ct & 130 Ave SE West end of SE 305 Court 40 Flora Park SE 305 Place SE 305 PI & 130 Ave SE West end of SE 305 Place 41 Kin sle Meadows 2 SE 307 Place SE 307 PI & 124 Ave SE SW corner of intersection 42 Kingsley Meadows 1 SE 307 Place SE 307 PI & 122"5 Ave SE West of 122" Ave SE 43 Kendall Heights 2 SE 310 Street SE 310 St & 116 Ave SE NE corner of intersection 44 Kendall HlLei hls 1 SE 310 Street SE 310 St & 116 Ave SE SE corner of intersection 45 Hazelwood Crest 116 Avenue SE 116 Ave SE & SE 309 St Eastside of 116 Ave SE 46 Carrington Bluff 2 116 Avenue SE 116 Ave SE & SE 301 Place North side of intersection 47 Carrington Bluff 1 SE 301"Way SE 301 Wa & 112 Ave SE NE corner of intersection 48 Pacific Ridge 2 SE 306 Street SE 306 St & 112 Ave SE Tr D north side of SE 306th 49 Cambridge Pointe 112 Avenue SE 112 Ave SE & SE 304 Street NE corner of intersection 50 Carrington Meadows 2 S 299 Place S 299 PI & 112 Ave SE SE corner of intersection 51 Carrington Meadows 1 SE 298 Place SE 298 PI & 114 Wa SE Nearest address # 11362 52 Auburn Place 1 SE 296 Street SE 296 St & 112 Ave SE SE corner of intersection 53 Auburn Place 2 114 Avenue SE n/a — eastside of 114 Ave SE North of Aubum Place 1 and 54 Wicklund SE 293` Street west end of 293ro past 107 Ave SE Nearest address # 10600 55 River Rim SE 290 Street west end of 209 past 108 ' Ave SE Nearest address # 10615 56 White Mountain Trails SE 118 Ave SE SE 118 Ave SE & SE 290 Place West side of intersection 57 LeaAnn Meadows 110th Place SE 110 PI SE & SE 304th Place W corner of intersection 58 Glen Kara SE 304 Street SE 304 St & 100 Ave SE SE corner of intersection 59 Pinnacle East 691h St SE Between 69 St SE & Thomas Ave SE access between 1920 & 1918 60 Pinnacle West 69 St SE 69 St SE & Quincy Ave SE South side of intersection . 61 Seramonte SE 288 St 132" Ave SE SW side of intersection 62 Jovita Heights Iowa Dr West Valley Hwy S of 1929 West—Valley Hwy 63 Trillium 8,n St E LTPE 8 St E & E Valle Hw E NW of intersection 64 Carrington Pointe SE 304 St SE 304 St & 116 Ave SE North side of SE 304 St 65 Marchini Meadows SE 311 PI SE 311 PI & 132" Ave SE South side of SE 311 PI 66 Lakeland East 63` PI SE 63` PI SE &Victoria Ave SE - south of 63` PI SE Eden Advanced Pest Technologies AG -S -075 Page 10 of 11 EXHIBIT B Fee Schedule Provider will conduct those tasks as established and in accordance with Exhibit A of this document for an amount not to exceed $60,000.00. 66 Ponds as Specified in Scope of Services Aquatic Mosquito Control NPDES permit $ 453 Surveillance Services $ 6,150.00 per month Larvicide Application, as needed $ 4,864.00 per month, pro -rated per pond ($76.00 /pond) Potential Additional Services Surveillance & Larvide $150.00 per month for ponds up to 1 acre, plus Applications $50 per pond for each additional acre of surface area Treat Storm Drain Catch Basins $150 per hour for labor with applications of methoprene pellets at 10 gram per catch basin Treat Storm Drain Catch Basins $150 per hours for labor with XR Brickets Localized applications with ULV $285 per hour for labor (one hour minimum) backpack apparatus for adult including chemical costs mosquitoes Adulticidin Services $46.00 per street mile, including chemical costs Eden Advanced Pest Technologies AG -S -075 Page I I of I I CITY OF AOIDURN- Nancy Backus, Mayor WASHINGTON 25 West Main Street * Auburn WA 98001 -4998 * www.auburnwa.gov * 253 -931 -3000 March 17, 2015 Stan Dawkins Eden Advanced Pest Technologies 3425 Stoll Road SE Olympia, WA 98501 RE: Agreement for Professional Services, AG -S -075 2014 Mosquito Larval Site Monitoring Dear Mr. Dawkins: This letter is to inform you that the above - referenced Agreement for Professional Services is being closed at this time. Our records indicate that we processed the final payment for this agreement on October 7, 2014 for invoice #'s 1078627 and 1078628 in the amounts of $6,734.25 and $4,410.66. If you feel that this Agreement for Professional Services should not be closed, or if there are any outstanding invoices, please inform me by March 30, 2015. Thank you for your firm's services in work related to the mosquito larval site monitoring. If you should have any questions, feel free to give me a call at 253- 804 -5060. Sincerely, Tim Carlaw Storm Drainage Engineer Community Development and Public Works Department TC /ad /mt cc: Dani Daskam, City Clerk AG -S -075 AUBURN* MORe THAN YOU IMAGINED