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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 Page 2 of 10 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 Page 4 of 10 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 Page 5 of 10 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 Page 6 of 10 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