HomeMy WebLinkAboutAG-S-078 Weed Control at 22 Acre A ST NW)� 3 - i cJ9 °i
CITY OF AUBURN
AGREEMENT FOR SERVICES
AG -S -078
THIS AGREEMENT made and entered into on this iday of
2014, by and between the City of Aubum, a municipal corporation he State of
Washington, hereinafter referred to as "City" and AguaTechnex, LLC, P O Box 118
Centralia, WA 98531, hereinafter referred to as the "Provider"
WITNESSETH
WHEREAS, the City is in need of the services of individuals, employees or firms
for pesticide application work; 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
AG -S -078
Page 1 of 10
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. City's 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. Furnish the Provider with all information, criteria, objectives, schedules and
standards for the project and the services provided for herein.
c. Arrange for access to the property or facilities as required for the Provider to
perform the services provided for herein.
d. Examine and evaluate all studies, reports, memoranda, plans, sketches, and
other documents prepared by the Provider and render decisions regarding such
documents in a timely manner to prevent delay of the services.
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
7 Compensation
As compensation for the Provider's performance of the services provided for
herein, the City shall pay the Provider the fees and costs specified on Exhibit "B"
which is attached hereto and by this reference made a part of this Agreement (or
as specified in an Amendment) The Provider shall submit to the City an invoice or
statement of time spent on tasks included in the scope of work provided herein,
and the City upon acceptance of the invoice or statement 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
AG -S -078
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Agreement number must appear on all invoices or statements submitted. The not -
to- exceed amount for this agreement is $22,000 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 in
accordance with the direction and scheduling provided on Exhibit "A" attached
hereto and incorporated herein by this reference, unless otherwise agreed to in
writing by the parties. All work under this Agreement shall be completed by
December 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.
12. Administration of Agreement
This Agreement shall be administered by ��t�^Sa"� 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
Matthew Larson
Project Manager
25 W Main St
Auburn, WA 98001 -4998
Phone: 253 - 804 -5032
Fax: 253 - 253 - 931 -3053
E -mail: mlarson@auburnwa.gov
AG-S-078
Page 3 of 10
AquaTechnex,LLC
Kyle Langan
Aquatic Specialist
P O Box 118
Centralia, WA 98531
Phone: 360 - 330 -0152
Fax: 360 - 330 -0174
E -mail: Kvie0aauatecnnex_cc-
13. Notices
All notices or communications permitted or required to be given under this
Agreement shall be in writing and shall be deemed to have been duly given if
delivered in person or deposited in the United States mail, postage prepaid, for
mailing by certified mail, return receipt requested, and addressed, if to a party of
this Agreement, to the address for the party set forth above.
Either party may change his, her or its address by giving notice in writing, stating
his, her or its new address, to the other party, pursuant to the procedure set forth
above.
14 Insurance
The Provider shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons or damage to property which may
arise from or in connection with the performance of the work hereunder by the
Provider, or the Provider's agents, representatives, employees, or subcontractors.
Provider's maintenance of insurance as required by the Agreement shall not be
construed to limit the liability of the Provider to the coverage provided by such
insurance, or otherwise limit the City's recourse to any remedy available at law or
in equity
The Service Provider shall obtain insurance of the types described below
a. Automobile Liability insurance, covering all owned, non - owned, hired and
leased vehicles. Coverage shall be written on Insurance Services Office (ISO)
form CA 00 01 or a substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide contractual liability
coverage. Provider shall maintain automobile insurance with minimum
combined single limit for bodily injury and property damage of $1,000,000 per
accident.
b. Commercial General Liability insurance shall be written on ISO occurrence form
CG 00 01 and shall cover liability arising from premises, operations,
independent contractors, products - completed operations, stop gap liability,
personal injury and advertising injury, and liability assumed under an insured
contract. The Commercial General Liability insurance shall be endorsed to
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.
AG -S-078
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c. Worker's Compensation coverage as required by the Industrial Insurance laws
of the State of Washington.
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability insurance:
a. The Provider's insurance coverage shall be primary insurance as respects the
City Any insurance, self - insurance, or insurance pool coverage maintained by
the City shall be excess of the Provider's insurance and shall not contribute
with it.
b. The Provider's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after 30 days prior written notice by certified
mail, return receipt requested, has been given to the City
Insurance is to be placed with an authorized insurer in Washington State. The
insurer must have a current A.M. Best rating of not less than A.VI1.
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. The City reserves the right to require that
complete, certified copies of all required insurance policies be submitted to the City
at any time. The City will pay no progress payments under Section 7 until the
Provider has fully complied with this section.
15 Indemnification /Hold Harmless
The Provider shall defend, indemnify and hold the City and its officers, officials,
employees, and volunteers harmless from any and all claims, injuries, damages,
losses, or suits including attorney fees, arising out of or in connection with the
performance of this Agreement, except for injuries and damages caused by the
sole negligence of the City
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury
to persons or damages to property caused by or resulting from the concurrent
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
AG -S -078
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assignment or transfer of any interest under this Agreement shall be deemed to
release the assignor from any liability or obligation under this Agreement, or to
cause any such liability or obligation to be reduced to a secondary liability or
obligation.
17 Nondiscrimination
The Provider may not discriminate regarding any services or activities to which this
Agreement may apply directly or through contractual, hiring, or other arrangements
on the grounds of race, color, creed, religion, national origin, sex, age, or where
there is the presence of any sensory, mental or physical handicap
18 Amendment, Modification or Waiver
No amendment, modification or waiver of any condition, provision or term of this
Agreement shall be valid or of any effect unless made in writing, signed by the
party or parties to be bound, or such party's or parties' duly authorized
representative(s) and specifying with particularity the nature and extent of such
amendment, modification or waiver Any waiver by any party of any default of the
other party shall not affect or impair any right arising from any subsequent default.
Nothing herein shall limit the remedies or rights of the parties hereto under and
pursuant to this Agreement.
19. Termination and Suspension
Either party may terminate this Agreement upon written notice to the other party if
the other party fails substantially to perform in accordance with the terms of this
Agreement through no fault of the party terminating the Agreement.
The City may terminate this Agreement upon not less than seven (7) days written
notice to the Provider if the services provided for herein are no longer needed from
the Provider
If this Agreement is terminated through no fault of the Provider, the Provider shall
be compensated for services performed prior to termination in accordance with the
rate of compensation provided in Exhibit "B" hereof.
20 Parties in Interest
This Agreement shall be binding upon, and the benefits and obligations provided
for herein shall inure to and bind, the parties hereto and their respective
successors and assigns, provided that this section shall not be deemed to permit
any transfer or assignment otherwise prohibited by this Agreement. This
Agreement is for the exclusive benefit of the parties hereto and it does not create a
contractual relationship with or exist for the benefit of any third party, including
contractors, sub - contractors and their sureties
21 Costs to Prevailing Party
In the event of such litigation or other legal action, to enforce any rights,
responsibilities or obligations under this Agreement, the prevailing parties shall be
entitled to receive its reasonable costs and attorney's fees.
AG -S -078
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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
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
AG -S -078
Page 7 of 10
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
N ncy Bac T ayor
Attest:
z4��� elle Daskam City Clerk
I:1
AG -S -078
Page 8 of 10
to form:
Attorney
AQUATECHNEX,LLC
Sig ure Z..."
Name: / e- r r,
Title: 9941),-- sei*,%5� t/- LM I MxAas'.
Signature
Name.
Title:
Federal Tax ID No: %362 7G6
CITY OF AUBURN
AGREEMENT FOR SERVICES
AG -S -078
EXHIBIT A
SERVICES
The purpose of this Agreement is to contract with the Provider to provide noxious weed
control at the 22 acre A Street NW Extension Wetland Mitigation Site (access from Clay
Street).
The Provider shall:
• Apply for, obtain, and provide the City with a copy of NPDES permits for the
pesticide applications as required by the Department of Ecology;
• Apply noxious weed control to the A Street Extension Wetland Mitigation Site
including an initial application, a 2 to 3 week post application, and a fall
application;
• Complete, submit to the Washington State Department of Agriculture (WSDA),
and provide the City with a copy of the Pesticide Application Record for each
pesticide application;
• Coordinate with the City regarding the pesticide application schedule;
• Coordinate with the City and City's consultants regarding scope of work at the
site: and
• Provide written confirmation of each pesticide application to the City within 7
days after each application.
The City shall:
• Allow the Provider to refill water at the City's Maintenance and Operations
Facility located at 1305 C St SW, Auburn, WA 98002. Provider shall supply own
filler hose.
AG -S -078
Page 9 of 10
CITY OF AUBURN
AGREEMENT FOR SERVICES
AG -S -078
EXHIBIT B
FEE SCHEDULE
Charges: Charges for employees are determined by the hourly rates listed below
Charges for reimbursable expenses are specified below
Labor /Eauinment Rates
Labor Category
Hourly Rate
Licensed Applicator
$68.75 / hour
Technician
$35.25 / hour
Tools and Equipment
$400 00 / day
Mobilization
$450.00 / day
Ex pen Rates
Expense Category
Billing Rate
Imazamox
$244 00 / qallon
Triclopyr
$100.00/9 allon
GI hosate
$57 00 / gallon
2,4-D
$25 00 / gallon
Imaza r
$123.00 / g alion
Surfactant
$47 00 ! gallon
Marker Dye
$58.00 / gallon
Permit Fee
$150.00 / each
Site Notification
$400.00 / each
Reporting Dail and Annual
$350 00 / each
Total budget:
$22,000.00
*Requires written authorization from the City for additional site(s).
AG -S -078
Page 10 of 10
AD-BuRN I
WASHINGTON
August 6, 2014
Nancy Backus, Mayor
25 Wu%t Main Street * Auhkat WA 98001 -4996 * wwwaubtirnwa.gov * 253- 931 -3000
Kyle Langan
AquaTechnex,LLC
PO Box 118
Centralia, WA 98531
RE Agreement No AG -S -078, Amendment No. 1
Noxious Weed Control Services for Parcel No. 1221049009
Dear Mr Langan:
Enclosed please find an executed copy of the above - referenced Amendment No 1 This
amends the scope of work to include herbicide treatment for Purple Loosestrife within parcel
No 1221049009 and includes additional compensation in the amount of $5,000 00 for a total
agreement amount of $27,000.00.
For the City's tracking and record keeping purposes, please reference AG -S -078 on all
correspondence and related material.
Our records indicate that your Insurance, as required in Section 14 of the original agreement,
expired on 7/15/14 Please mail the required certificate(s) of insurance, within two weeks to
Amanda DeSilver, Contracts Administration Specialist, Auburn Public Works Department, at the
address noted at the top of this letterhead.
As the project manager, I am the designated contact for this agreement and all amendments.
Questions, assignments and coordination shall be routed through me You can contact me at
253- 804 -5032.
Sincec----
Matthew - Larson, P E.
Project Engineer
Community Development & Public Works Department
ad /mt
Enclosure
cc: Dani Daskam, City Clerk (copy letter only)
AG -S -078
AUBURN* MORI, THAN YOU IMAGINrD
AMENDMENT #2 TO SERVICE AGREEMENT NO. AG-"78 BETWEEN
THE CITY OF AUBURN AND AQUATECHNEX, LLC
RELATING TO NOXIOUS AND INVASIVE WEED CONTROL
THIS AMENDMENT is made and entered into this l C day of ZCkezoj � , 2014, by
and between the CITY OF AUBURN, a municipal corporation of the State of Washington
(hereinafter referred to as the "CITY "), and Aquatechnex, LLC (hereinafter referred to as the
"PROVIDER "), as an Amendment to the Service Agreement between the parties for AG -S -078
executed on the 9th day of June 2014, and amended by agreement dated the 6th day of August
2014
The changes to the agreement are described as follows:
1 CONTRACT TERM. The term of the Agreement for Professional Services is extended to
December 31, 2015.
2. SCOPE OF WORK. There is no change in the scope of work.
3. COMPENSATION, There is no change to the amount authorized in the original agreement
and subsequent amendments.
REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between
the parties for AG -S -078 executed on the 9th day of June, 2014 shall remain unchanged, and in
full force and effect.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day
and year first above written.
AQUATECHNEX, LLC
By
Aut ri gnature
AT T ptional):
By
Its.
Approved as to form (Optional),
Attorney for (Other Party)
Amendment No. 2 for Agreement No. AG -S -078
Aquatechnex
Page 1 of 1
CITY OF AUBURN
N ncy Back Mayor
ATTEST
Danielle E. Daskam, Auburn City Clerk
•...'� -VIII ,
u � 1►
t
1 t
PS -.
Ir
i - n
A 3.1�0.1�
AMENDMENT #3 TO SERVICE AGREEMENT NO. AG -S -078 BETWEEN
THE CITY OF AUBURN AND AQUATECHN EX, LLC
RELATING TO NOXIOUS AND INVASIVE WEED CONTROL
THIS AMENDMENT Is made and entered into this -1 day of 2015, by and
between the CITY OF AUBURN, a municipal corporation of the State of Washi ton (hereinafter referred
to as the "CITY'), and AquaTechnex, LLC (hereinafter referred to as the "PROVIDER "), as an
Amendment to the Service Agreement between the parties for AG -S -078 executed on the 91h day of June
2014; amended by agreement dated August 61h, 2014; and amended by agreement dated December 16th,
2014.
The changes to the agreement are described as follows:
1. CONTRACT TERM: There is no change to the date of termination.
2. SCOPE OF WORK: The provider shall perform the tasks described in the enclosed Exhibit "A ".
3. COMPENSATION: The amount of this amendment is $22,000.00. The total agreement amount is
increased to a total of $49,000.00. The City shall pay the fees and costs per the updated fee schedule
specified on Exhibit "B" which is attached hereto and by this reference made part of this Amendment.
REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties
for AG-S-078 executed on the 9th day of June 2014; amended by agreement dated August 6u, 2014; and
amended by agreement dated December 19th, 2014 shall remain unchanged, and in full force and effect.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year
first above written.
AQUATECH7 LLC
By:
Aut rize nature
ATTEST (Optional):
By:
Its:
Approved as to form (Optional):
Attorney for (Other Party)
Amendment No. 3 for Agreement No. AG -S -078
AquaTechnex,LLC
Page 1 of 4
CITY OF AUBURN
ancy Backu ayor
ATTEST:
Danielle E. Daskam, Au urn City Clerk
Approved as to form:
\4 k g. !ia ", C-� . �-
Daniel B. Held, Aubu City Attorn
EXHIBIT A
AGREEMENT FOR SERVICES
AG -S -078
The purpose of this Agreement is to contract with the Provider to provide noxious weed
control at the 22 acre A Street Extension Wetland Mitigation Site (access from Clay
Street).
The Provider shall:
• Apply for, obtain, comply with, and provide the City with a copy of NPDES
permits for the pesticide applications as required by the Department of Ecology;
• Apply noxious weed control to the A Street Extension Wetland Mitigation Site
including an initial application, a 2 to 3 week post application, and a fall
application;
• Complete, submit to the Washington State Department of Agriculture (WSDA),
and provide the City with a copy of the Pesticide Application Record for each
pesticide application;
• Coordinate with the City regarding the pesticide application schedule;
• Coordinate with the City, the City's consultants, and the City's planting
contractor regarding scope of work at the site
• Provide written confirmation of each pesticide application to the City within 7
days after each application; and
The City shall:
• Contractor shall obtain City's Hydrant Meter Permit and forward all water use
charges to the City for reimbursement.
Amendment No. 3 for Agreement No. AG -S -078
AquaTechnex,LLC
Page 2 of 4
Aquflechnex
"Advancing the Science of Lake Management"
2/20/15
City of Auburn
Attn: Matt Larson, P.E.
Public Works
25 W Main Street
Auburn, WA 98001
EXHIBIT "B"
RE: Service Agreement NO. AG -S -078; 2015 Invasive Weed Control Service
Costs
Mr. Larson,
P.O. Box 118
Centralia, WA 98531
Tel: 360- 330 -0152
Fax: 360-330-0174
Please accept the following quotation for control of noxious weeds at the City of
Auburn wetland mitigation sites.
Table 1. Dailv Labor Rates
*Note:
1.) Licensed applicator: $68.75 /hour
2.) Technician: $35.25 /hour
Table 2. Material Rate
Daily Rate
Labor (crew)
$ 1,100.00*
Equipment
$ 400.00
Mobilization
$ 450.00
Totals
$ 1,950.00
*Note:
1.) Licensed applicator: $68.75 /hour
2.) Technician: $35.25 /hour
Table 2. Material Rate
Amendment No. 3 for Agreement No. AG -S -078
AquaTechnex,LLC
Page 3 of 4
Cost/Gallon
Est. Cost /Acre
Imazamox
$ 253.10
$ 63.28
Tricol r
$ 100.00
$100.00
Gl hosate
$ 57.00
$ 32.00
2,4 -D
$ 25.00
$ 12.50
Imaza r
$ 123.00
$ 64.00
Surfactant
$ 47.00
$ 20.00
Dye
$ 58.00
$ 10.00
Amendment No. 3 for Agreement No. AG -S -078
AquaTechnex,LLC
Page 3 of 4
EXHIBIT "B" CONTINUED
Table 3. Permitting, Notification and Reporting
Amendment No. 3 for Agreement No. AG -S -078
AquaTechnex,LLC
Page 4 of 4
Rate
WSDA Permit
$
50.00
Site Notification
$
100.00
Reporting (Daily and Annual)
$
350.00
Totals
$
500.00
Amendment No. 3 for Agreement No. AG -S -078
AquaTechnex,LLC
Page 4 of 4
r
AMENDMENT #4 TO SERVICE AGREEMENT NO. AG-S-078 BETWEEN
THE CITY OF AUBURN AND AQUATECHNEX, LLC
RELATING TO NOXIOUS AND INVASIVE WEED CONTROL
THIS AMENDMENT is made and entered into this'7 day of ,2015, by and
between the CITY OF AUBURN, a municipal corporation of the State Washington (hereinafter referred
to as the "CITY"), and AquaTechnex, LLC(hereinafter referred to as the "PROVIDER"), as an
Amendment to the Service Agreement between the parties for AG-S-078 executed on the 9th day of June
2014;amended by agreements dated August 6th, 2014; December 16th,2014 and April 3b, 2015.
The changes to the agreement are described as follows:
1. CONTRACT TERM: There is no change to the date of termination.
2. SCOPE OF WORK: The provider shall perform the tasks described in the enclosed Exhibit"A".
3. COMPENSATION: The amount of this amendment is$17,000.00. The total agreement amount is
increased to a total of$66,000.00. The City shall pay fees and costs per the fee schedule specified in
Exhibit"B"which is attached hereto and by this reference made part of this Amendment.
REMAINING TERMS UNCHANGED:That all other provisions of the Agreement between the parties
for AG-S-078 executed on the 9th day of June 2014 and subsequent amendments shall remain
unchanged, and in full force and effect.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year
first above written.
AQUATECHNEX, LLC CITY OF AUBURN
By: 400S,, I. /b. 1_ St .. ..
Au I• •rize• - gnatu • Iancy B. u- Mayor
ATTEST(Optional): ATTEST:
By:
Its: Danielle E. Daskam,Auburn City Clerk
Approved as to form (Optional): Appro 'o .s t. t•••
// u"
_
Attorney for(Other Party) Da•' 7. eid, • •.urn -ity • orney
Amendment No. 4 for Agreement No.AG-S-078
AquaTechnex, LLC
Page 1 of 1
EXHIBIT A
AGREEMENT FOR SERVICES
AG-S-078
Amendment #4
Scope of Work
The purpose of this project is to control invasive aquatic plant species within the
specified treatment areas of the Ecosystem Restoration of the Mill Creek 5K Reach
(CP0746) site. The areas of the Mill Creek site have been delineated and a site visit
was performed to identify site access locations and treatment areas. The Provider will
mobilize appropriate equipment and herbicides to the site where access is available. All
open areas (non-treed) within the outlined targeted treatment area will be controlled
which are safely accessible to equipment and applicators and as time allows during the
scheduled treatment window prior to construction phase. Areas not accessible during
the initial treatment period and areas requiring follow up control will be revisited in
during the fall treatment period which are safely accessible to equipment and
applicators.
The Provider shall be responsible for obtaining all required permits for this work and
follow all of the established permit requirements.
r
EXHIBIT B
AGREEMENT FOR SERVICES
AG-S-078
Amendment #4
Vegetation Control Costs:
The following tables itemize costs to complete the project and will be invoiced based on
Time and Materials required to complete the applications. The Provider shall not exceed
the amount of$17,000.00 to complete the initial (spring) and follow up (fall) applications.
Invoices associated with this amendment shall be provided separately from other work
under this agreement and include the project description "Ecosystem Restoration of the
Mill Creek 5K Reach (CP0746)" on the invoice.
Table 1. Daily Labor Rates
Daily Rate
Labor(crew) $ 1,100.00*
Equipment $ 400.00
Mobilization $ 450.00
Totals $ 1,950.00
*Note:
1.) Licensed applicator: $68.75/hour
2.) Technician: $35.25/hour
Table 2. Material Rate
Cost/Gallon Est. Cost/Acre
Imazamox $ 253.10 $ 63.28
Tricolpyr $ 100.00 $100.00
Glyphosate $ 57.00 $ 32:00
2,4-D $ 25.00 $ 12.50
Imazapyr $ 123.00 $ 64.00
Surfactant $ 47.00 $ 20.00
Dye $ 58.00 $ 10.00
Table 3. Permitting, Notification and Reporting
Rate
WSDA Permit $ 50.00
Site Notification $ 300.00
Reporting(Daily and Annual) $ 350.00
Totals $ 700.00
r
®CIITTYTOF
1 .1V u R N
WASHINGTON
December 19, 2014
Kyle Langan
AquaTechnex,LLC
PO Box 118
Centralia, WA 98531
Nancy Backus, Mayor
25 West Main Street* Auburn WA 98001 -4998 * www.auburnwa.gov * 253- 931 -3000
RE: Amendment No. 2 to Agreement for Professional Services, AG -S -078
Noxious and Invasive Weed Control
Dear Mr. Langan
Enclosed please find an executed copy of the above - referenced Amendment No. 2. This
amendment is for a time extension only and extends the term of the agreement to
December 31, 2015.
For the City's tracking and record keeping purposes, please reference AG -3-078 on all
correspondence and related material.
As the project manager, I am the designated contact for this agreement and all
amendments. Questions, assignments and coordination shall be routed through me.
You can contact me at 253 - 804 -5032.
Since /rell
Matthew - rson. P.E.
Project Engineer
Community Development & Public Works Department
ML /ad /mm
Enclosure
cc: Dani Daskam, City Clerk (copy letter only)
AG -S -078
AUBURN* MORE THAN YOU IMAGINED
AMENDMENT #2 TO SERVICE AGREEMENT NO. AG-S-078 BETWEEN
THE CITY OF AUBURN AND AQUATECHNEX, LLC
RELATING TO NOXIOUS AND INVASIVE WEED CONTROL
THIS AMENDMENT is made and entered into this day of A, s , 2014, by
and between the CITY OF AUBURN, a municipal corporation of the State of Washington
(hereinafter referred to as the "CITY"), and Aquatechnex, LLC (hereinafter referred to as the
"PROVIDER "), as an Amendment to the Service Agreement between the parties for AG -S -078
executed on the 9th day of June 2014, and amended by agreement dated the 6th day of August
2014.
The changes to the agreement are described as follows
1. CONTRACT TERM: The term of the Agreement for Professional Services is extended to
December 31, 2015.
2. SCOPE OF WORK: There is no change in the scope of work.
3. COMPENSATION: There is no change to the amount authorized in the original agreement
and subsequent amendments.
REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between
the parties for AG -S -078 executed on the 9th day of June, 2014 shall remain unchanged, and in
full force and effect.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day
and year first above written.
By:.
Its:
Approved as to form (Optional):
Attorney for (Other Party)
Amendment No. 2 for Agreement No. AG -S -078
Aquatechnex
Page 1 of 1
CITY OF AUBURN
Naficy Bac Mayor
ATTEST:
Da °elle E. Daskam, Auburn City Clerk
S .1 (P.al
AMENDMENT #5 TO SERVICE AGREEMENT NO. AG-S-078 BETWEEN
THE CITY OF AUBURN AND AQUATECHNEX, LLC
RELATING TO NOXIOUS AND INVASIVE WEED CONTROL
THIS AMENDMENT is made and entered into this /0 day of , 2015, by and
between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred
to as the"CITY"), and AquaTechnex, LLC (hereinafter referred to as the"PROVIDER"), as an
Amendment to the Service Agreement between the parties for AG-S-078 executed on the 9`"day of June
2014; amended by agreements dated August 6'", 2014; December 161h, 2014,April 3`", 2015, and June
9th, 2015.
The changes to the agreement are described as follows:
1. CONTRACT TERM: There is no change to the date of termination.
2. SCOPE OF WORK: The provider shall perform the tasks described in the enclosed Exhibit"A"which
is attached hereto and by this reference made part of this Amendment
3. COMPENSATION: The amount of this amendment is$2,150.00. The total agreement amount is
increased to a total of$68,150.00.
REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties
for AG-S-078 executed on the 9`"day of June 2014 and subsequent amendments shall remain
unchanged, and in full force and effect.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year
first above written.
AQUATECHNEX, LLC CITY OF AUBURN
By: �.7 .
Au orize..sig - re \\ Nancy B. Mayor
ATTEST (Optional): ATTEST:
By: �
Its: Danielle E. Daskam, Auburn City Clerk
Approved as to form (Optional): Appro -0 as t.
£ 49
Attorney for(Other Party) Die c. -id,t.reC•yA.rn-
Amendment No. 5 for Agreement No. AG-S-078
AquaTechnex, LLC
Page 1 of 1
EXHIBITA P.O. Box 118
AquaTechnex Centralia, WA 98531
Tel: 360-330-0152
Fax:360-330-0174
'Advancing the Science of Lake Management"
10/23/15
City of Auburn
Attn: Chris Anderson, CFM
Public Works
25 W Main Street
Auburn, WA 98001
RE: 2015 Invasive Weed Control Service Fenster Natural Area
Mr. Anderson,
Please accept the following quotation for control of noxious weeds in the City of
Auburn Fenster Natural Area.
Scope of Work:
The purpose of this project is to control invasive species within the specified control
area of Fenster Natural Area. AquaTechnex will mobilize appropriate equipment
and herbicides to Fenster Natural Area at the end of 4th Street SE. All areas within
the Fenster Natural Area directly east and north of 4th Street SE will be posted and
closed during treatment and remain closed until all sprayed herbicide solutions have
dried. The treatment area will be traversed every 5 to 10 ft and specified invasive
species found will be spot treated with appropriate herbicides.
Vegetation Control Costs:
The following tables itemize costs to complete the project and will be invoiced based
on Time and Materials required to complete the applications. AquaTechnex
proposes a not to exceed amount of$2,150.00 to complete the control work.
Table 1. Daily Labor Rates
Daily Rate
Labor (crew) $ 1,100.00*
Equipment $ 90.00
Mobilization $ 350.00
Totals $1,540.00
*Note:
1.) Licensed applicator:$68.75/hour
2.)Technician: $35.25/hour
Table 2. Material Rate
Cost/Gallon Est. Cost/Acre
Imazamox $ 253.10 $ 63.28
Tricolpyr $ 100.00 $100.00
Glyphosate $ 57.00 $ 32.00
2,4-D $ 25.00 $ 12.50
Imazapyr $ 123.00 $ 64.00
Surfactant $ 47.00 $ 20.00
Dye $ 58.00 $ 10.00
Table 3. Notification
Rate
Site Notification $ 300.00
Totals $ 300.00
Aquatic Labeled Herbicides:
A list of aquatic herbicides is provided in the above table and each has an
applicable use based on target species and selectivity/non-selectivity needed. All
listed herbicides are labeled for use in aquatic sites.
Please contact Kyle Langan at 360-239-5707 or kyle @aquatechnex.com with any
questions. Thank you for your consideration.
AMENDMENT#6 TO SERVICE AGREEMENT NO. AG-S-078 BETWEEN
THE CITY OF AUBURN AND AQUATECHNEX, LLC
RELATING TO NOXIOUS AND INVASIVE WEED CONTROL
THIS AMENDMENT is made and entered into this f 1J day of , 2015, by and
between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred
to as the"CITY"), and Aquatechnex, LLC(hereinafter referred to as the"PROVIDER"),as an Amendment
to the Service Agreement between the parties for AG-S-078 executed on the 9th day of June 2014, and
amended by agreement dated the 6th day of August 2014, the 16th day of December, 2014, the 3rd day of
April, 2015, the 91°day of June 2015, and the 10'of November, 2015.
The changes to the agreement are described as follows:
1. CONTRACT TERM: The term of the Agreement for Professional Services is extended to December
31, 2016.
2. SCOPE OF WORK: There is no change in the scope of work.
3. COMPENSATION: There is no change to the amount authorized in the original agreement and
subsequent amendments.
REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties
for AG-S-078 executed on the 9th day of June, 2014 shall remain unchanged, and in full force and effect.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first
above written.
•
AQUATECHN , LLC CITY OF AUBURN
• • AO
By: /
Ad bonze. : gnature 'ancy Back, M: or
ATT (Optional): ATTEST:
By: St
Its: Danielle -. Daskam,Auburn City Clerk
Approved as to form (Optional): Ap• oved as to form:
/_ ♦ / _A l
Attorney for(Other Party) Da 'el B. He •;Aubum City hhrney
•
Amendment No. 6 for Agreement No.AG-S-078
Aquatechnex
Page 1 of 1
* - A 2,- It° -01
CITY OF * *
AT TR� T Nancy Backus, Mayor
lJ AJWASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000
•
November 19, 2015
Kyle Langan
AquaTechnex, LLC
PO Box 118
Centralia, WA 98531
RE: Amendment No. 6 to Agreement for Professional Services, AG-S-078
Dear Mr. Langan:
Enclosed please find an executed copy of the above-referenced Amendment No. 6. This
amendment is for a time extension only. This amendment extends the term of the
agreement to December 31, 2016.
For the City's tracking and record keeping purposes, please reference AG-S-078 on all
correspondence and related material.
As the project manager, I am the designated contact for this agreement and all
amendments. Questions, assignments and coordination shall be routed through me.
You can contact me at 253-804-5032.
//
Sincerer
Matthew L on, P.E.
Project Engineer
Community Development & Public Works Department
ML/cw/as
Enclosure
cc: Dani Daskam, City Clerk
AG-S-078 •
AUBURN * MORE THAN YOU IMAGINED
CITY OF
' RN Nancy Backus, Mayor
WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000
December 9, 2019
Kyle Langan
AquaTechnex, LLC
PO Box 118
Centralia, WA 98531
RE: Amendment No. 11 to Agreement for Professional Services, AG-S-078
Noxious and Invasive Weed Control
Dear Mr. Langan:
Enclosed please find an executed copy of the above-referenced Amendment No. 11. This
amendment is for a time extension only. This amendment extends the term of the
agreement to December 31, 2020.
For the City's tracking and record keeping purposes, please reference AG-S-078 on all
correspondence and related material.
As the project manager, I am the designated contact for this agreement and all
amendments. Questions, assignments and coordination shall be routed through me. You
can contact me at 253-804-5060.
Sincerely,
Tim Carlaw
Storm Drainage Engineer
Public Works Department
TC/ad/as
Enclosure
cc: Shawn Campbell, City Clerk
AG-S-078
ENG-171, Revised 10/18
AUBURN
* MORE THAN YOU IMAGINED
THE CITY OF AUBURN AND AQUATECHNEX, LLC
AMENDMENT TO AGREEMENT FOR SERVICES AG-S-078
RELATING NOXIOUS AND INVASIVE WEED CONTROL
THIS AI,VIENDMENT TO THE AGREEMENT is made and entered into this '17 day of
oJL Ip r, 2019, by and between the CITY OF AUBURN, a municipal corporation of the
tate of Washington (hereinafter referred to as the "CITY"), and AquaTechnex, LLC (hereinafter
referred to as the "PROVIDER"). The City and Provider agree to amend the Agreement AG-S-
078 executed on the 9th day of June, 2014.
The changes to the Agreement are described as follows:
1. CONTRACT TERM: The term of the Agreement for Professional Services is extended to
December 31, 2020.
REMAINING TERMS UNCHANGED: All other provisions of the Agreement between the parties
for AG-S-078 executed on the 9th day of June, 2014, shall remain unchanged, and in full force
and effect.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and
year first above written.
AQUATECH EX, LLC CITY OF AUBURN
By: �� 1 • _._..._, alb :_..-
Aut •'ized sitle ancy :ivs, Mayor
Approved as to form (Optional): Approved as to form:
Attorney for(Other Party) Steve Gross, Auburn City Attorney
Amendment No. 11 for Agreement No.AG-S-078
AquaTechnex, LLC
ENG-182, Revised 10/18
Page 1 of 1
THE CITY OF AUBURN AND AQUATECHNEX, LLC
AMENDMENT TO AGREEMENT FOR SERVICES AG-S-078
RELATING NOXIOUS AND INVASIVE WEED CONTROL
THIS AMENDMENT TO THE AGREEMENT is made and entered into by and between the
CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to
as the "CITY"), and AquaTechnex, LLC (hereinafter referred to as the "PROVIDER"). The City
and Provider agree to amend the Agreement AG-S-078 executed on the 9th day of June, 2014.
The changes to the Agreement are described as follows:
1. CONTRACT TERM: The term of the Agreement for Professional Services is extended to
December 31, 2021.
REMAINING TERMS UNCHANGED: All other provisions of the Agreement between the parties
for AG-S-078 executed on the 991 day of June, 2014, shall remain unchanged, and in full force
and effect.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and
year first above written.
AQUATECH► EX, LLC CITY OF AUBURN
By: • .* . ..•
thor s'Ore ire ancy Ba A, Mayor
Date: AIK Date: ' t' I
Approved as to form (Optional): Approved as to form:
Attorney for (Other Party) Kendra Comeau, City Attorney
Amendment No. 12 for Agreement No. AG-S-078
AquaTechnex, LLC
ENG-182, Revised 10/20
Page 1 of 1