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HomeMy WebLinkAboutSWP270000(1) CITY CLERK DIVISION RECEIVE® APR 15 2004 MEMORANDUM CITY OF RENTON UTILITY SYSTEMS DATE: April 15, 2004 TO: Allen Quynn, Utilities/PBPW FROM: #&bbie Evans, 425-430-6513 SUBJECT: Whitworth Pest Solutions, Inc. — CAG-04-047 Mosquito Treatment in the Talbot Hills Neighborhood Upland of Panther Creek Wetlands The attached original document has been fully executed and is being returned to you. Please transmit the original to the consultant and retain a copy for your file. The City Clerk has retained an original document. Thank you. Attachment ENGINEERING CAG-04-047 ANNUAL CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into on this , day of— , 20 0 J', by and between the CITY OF RENTON, WASHINGTON, A MUNICIPAL CORPORA IT ONN REINAFTER CALLED THE "City," and Whitworth Pest Solutions,Incorporated whose address is 2533 Inter Avenue,Puallup,WA 98372-3428, at which work will be available for inspection,hereinafter called the "CONSULTANT." PROJECT NAME: 2004 MOSQUITO ABATEMENT PROGRAM WHEREAS, the City desires to accomplish this project which requires the services of an Entomologist/Pest Control agent,and WHEREAS,the City has not sufficient qualified employees to perform the necessary Mosquito Abatement Program Entomologist/Pest Control Agent Services and the City deems it advisable and is desirous of engaging the professional services and assistance of a qualified professional consulting to do the necessary consultant work for the project to perform the Mosquito Abatement Program Entomologist/Pest Control Agent Services, and WHEREAS, the Consultant has represented and by entering into this Agreement now represents, that it is in full compliance with the statutes of the State of Washington for registration as a commercial pesticide applicator and that all personnel to be assigned to the work required under this Agreement are fully qualified to perform the work to which they will be assigned in a competent and professional manner, and that sufficient qualified personnel are on staff or readily available to Consultant to staff this Agreement. WHEREAS, the Consultant has indicated that it desires to do the work set forth in the Agreement upon the terms and conditions set forth below. NOW THEREFORE,in consideration of the terms, conditions, covenants and performances contained herein below, the parties hereto agree as follows: I SCOPE OF WORK The Consultant shall furnish, and hereby warrants that it has,the necessary equipment,materials, and professionally trained and experienced personnel to facilitate completion of the work described in Exhibit A, Scope of Work, which is attached hereto and incorporated into this Agreement as though fully set forth herein. The Consultant shall perform all work described in this Agreement in accordance with the latest edition and amendments to local and state regulations,guidelines and policies. The Consultant shall prepare such information and studies as it may deem pertinent and necessary, in order to pass judgment in a sound manner on the features of the work. The Consultant shall make such minor changes, amendments or revisions in the detail of the work as may be required by the City. This item does not constitute an "Extra Work" item as related in Section VIII of the Agreement. The work shall be verified for accuracy by a complete check by the Consultant. The Consultant will be held responsible for the accuracy of the work,even though the work has been accepted by the City. H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2000 Mosquito Abatement Program\2004 Program\Whitworth Contractl.doc\AQ\cor II DESIGN CRITERIA The City will designate the basic premises and criteria for the work needed. The Entomologist/Pest Control Agent Services shall provide as a standard professional service that which is normally provided by said professionals. All work shall be done in accordance with the license requirements of a professional pest control agent. All chemical applications and other services shall be done in accordance with Federal and State laws,the chemical manufacturer's label requirements and the City of Renton environmental Determination for File No. LUA-00-025,ECF. III ITEMS TO BE FURNISHED TO THE CONSULTANT BY THE CITY The City will furnish the Consultant copies of documents which are available to the City that will facilitate the preparation of the plans, studies, specifications,and estimates within the limits of the assigned work. All other records needed for the study must be obtained by the Consultant. The Consultant will coordinate with other available sources to obtain data or records available to those agencies. The Consultant shall be responsible for this and any other data collection to the extent provided for in the Scope of Work. City will provide to Consultant all data in City's possession relating to Consultant's services on the project. Consultant will reasonably rely upon the accuracy,timeliness, and completeness of the information provided by the City. Should field studies be needed, the Consultant will perform such work to the extent provided for in the Scope of Work. The City will not be obligated to perform any such field studies. IV OWNERSHIP OF PRODUCTS AND DOCUMENTS TO BE FURNISHED BY THE CONSULTANT Documents, exhibits or other presentations for the work covered by this Agreement shall be furnished by the Consultant to the City upon completion of the various phases of the work. All such material, including working documents, notes, maps, drawings, photo, photographic negatives, etc. used in the project, shall become and remain the property of the City and may be used by it without restriction. Any use of such documents by the City not directly related to the project pursuant to which the documents were prepared by the Consultant shall be without any liability whatsoever to the Consultant. All written documents and products shall be printed on recycled paper when practicable. Use of the chasing-arrow symbol identifying the recycled content of the paper shall be used whenever practicable. All documents will be printed on both sides of the recycled paper,as feasible. V TIME OF BEGINNING AND COMPLETION It is agreed that all the Consultant's services are to be completed and all products shall be delivered by the Consultant no later than December 31, 2004 unless there are delays due to factors that are beyond the control of the Consultant. The Consultant shall not begin work under the terms of this Agreement until authorized in writing by the City. If, after receiving Notice to Proceed,the Consultant is delayed in the performance of its services by factors H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2000 Mosquito Abatement Program\2004 Program\Whitworth Contractl.doc\AQ\cor that are beyond its control, the Consultant shall notify the City of the delay and shall prepare a revised estimate of the time and cost needed to complete the Project and submit the revision to the City for its approval. Time schedules are subject to mutual agreement for any revision unless specifically described as otherwise herein. Delays attributable to or caused by one of the parties hereto amounting to 30 days or more affecting the completion of the work may be considered a cause for renegotiation or termination of this Agreement by the other party. VI PAYMENT The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter as specified in Exhibit B, Cost Estimate. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The cost estimate in Exhibit B includes all direct salary cost, overhead, direct non-salary cost and net fee for completion of the Scope of Work. All billings for compensation for work performed under this Agreement will list actual time (days and/or hours) and dates during which the work was performed. Payment for services rendered in 2004 shall not exceed$18,278.40 without a written amendment to this contract, agreed to and signed by both parties. Progress payments may be claimed monthly for direct costs actually incurred to date as supported by detailed statements. Final payment of any balance due the Consultant of the gross amount earned will be made promptly upon its verification by the City after completion and acceptance by the City of the work under this Agreement. Acceptance, by the Consultant of final payment shall constitute full and final satisfaction of all amounts due or claimed to be due. Payment for extra work performed under this Agreement shall be paid as agreed to by the parties hereto in writing at the time extra work is authorized. (Section VIII 'EXTRA WORK"). A short narrative progress report shall accompany each voucher for progress payment. The report shall include discussion of any problems and potential causes for delay. To provide a means of verifying the invoiced salary costs for consultant employees,the City may conduct employee interviews. Acceptance of such final payment by the Consultant shall constitute a release of all claims of any nature, related to this Agreement, which the Consultant may have against the City unless such claims are specifically reserved in writing and transmitted to the City by the Consultant prior to its acceptance. Said final payment shall not, however, be a bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with respect to such claims. The Consultant and its subconsultants shall keep available for inspection, by the City, for a period of three years after final payment, the cost records and accounts pertaining to this Agreement and all items related to, or bearing upon, these records. If any litigation, claim or audit is started before the expiration of the three-year retention period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The three-year retention period starts when the Consultant receives final payment. VH CHANGES IN WORK The Consultant shall make all such revisions and changes in the completed work of this Agreement as are necessary to correct errors appearing therein,when required to do so by the City,without additional compensation. H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2000 Mosquito Abatement Program\2004 Program\Whitworth Contract l.doc\AQ\cor Should the City find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof revised, the Consultant shall make such revisions, if requested and as directed by the City in writing. This work shall be considered as Extra Work and will be paid for as provided in Section VIII. VIII EXTRA WORK The City may desire to have the Consultant perform work or render services in connection with the Project in addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will be considered as Extra Work and will be specified in a written supplement which will set forth the nature and scope thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to whether work is Extra Work or work already covered under this Agreement shall be resolved before the work is undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim by the Consultant for compensation as Extra Work. IX EMPLOYMENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission,percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration or otherwise recover,the full amount of such fee, commission,percentage,brokerage fee, gift or contingent fee. Any and all employees of the Consultant,while engaged in the performance of any work or services required by the Consultant under this Agreement, shall be considered employees of the Consultant only and not of the City and any and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees,while so engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant's employees,while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Consultant. The Consultant shall not engage, on a full or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been at any time during the period of this contract, in the employ of the City except regularly retired employees,without written consent of the City. If during the time period of this Agreement, the Consultant finds it necessary to increase its professional,technical, or clerical staff as a result of this work, the Consultant will actively solicit minorities through their advertisement and interview process. X NONDISCRIMINATION The Consultant agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed, color, national origin,marital status, sex, age or handicap except for a bona fide occupational qualification with regard to, but not limited to the following: employment upgrading; demotion or transfer; recruitment or any recruitment advertising; layoff or termination's; rates of pay or other forms of compensation; selection for training; rendition of services. The Consultant understands and agrees that if it violates this Non- Discrimination provision, this Agreement may be terminated by the City and further that the Consultant shall be barred from performing any services for the City now or in the future, unless a showing is made satisfactory to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2000 Mosquito Abatement Program\2004 Program\Whitworth Contractl.doc\AQ\cor XI TERMINATION OF AGREEMENT A. The City reserves the right to terminate this Agreement at any time upon not less than ten (10) days written notice to the Consultant, subject to the City's obligation to pay Consultant in accordance with subparagraphs C and D below. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the Consultant, with the City's concurrence, desire to terminate this Agreement, payment shall be made as set forth in Subsection C of this section. C. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant, a final payment shall be made to the Consultant for actual cost for the work complete at the time of termination of the Agreement, plus the following described portion of the net fee. The portion of the net fee for which the Consultant shall be paid shall be the same ratio to the total net fee as the work complete is to the total work required by the Agreement. In addition, the Consultant shall be paid on the same basis as above for any authorized extra work completed. No payment shall be made for any work completed after ten (10) days following receipt by the Consultant of the Notice to Terminate. If the accumulated payment made to the Consultant prior to Notice of Termination exceeds the total amount that would be due as set forth herein above, then no final payment shall be due and the Consultant shall immediately reimburse the City for any excess paid. D. In the event the services of the Consultant are terminated by the City for fault on the part of the Consultant,the above stated formula for payment shall not apply. In such an event the amount to be paid shall be determined by the City with consideration given to the actual costs incurred by the Consultant in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or of a type which is usable to the City at the time of termination, the cost to the City of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the City of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount which would have been made if the formula set forth in subsection C above had been applied. E. In the event this Agreement is terminated prior to completion of the work, the original copies of all Engineering plans, reports and documents prepared by the Consultant prior to termination shall become the property of the City for its use without restriction. Such unrestricted use not occurring as a part of this project,shall be without liability or legal exposure to the Consultant. F. Payment for any part of the work by the City shall not constitute a waiver by the City of any remedies of any type it may have against the Consultant for any breach of this Agreement by the Consultant, or for failure of the Consultant to perform work required of it by the City. Forbearance of any rights under the Agreement will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the Consultant. G. If the work under this contract is determined to be a potential `take' under the Endangered Species Act and the City cannot obtain an `incidental take' permit or other federal government approval for the work, then the City, at its sole discretion,may terminate this contract. H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2000 Mosquito Abatement Program\2004 Program\Whitworth Contractl.doc\AQ\cor XII DISPUTES Any dispute concerning questions of facts in connection with work not disposed of by agreement between the Consultant and the City shall be referred for determination to the Director of Planning/ Building/Public Works or his/her successors and delegees, whose decision in the matter shall be final and conclusive on the parties to this Agreement. In the event that either party is required to institute legal action or proceedings to enforce any of its rights in this Agreement, both parties agree that any such action shall be brought in the Superior Court of the State of Washington, situated in King County. XIII LEGAL RELATIONS The Consultant shall comply with all Federal Government, State and local laws and ordinances applicable to the work to be done under this Agreement. This contract shall be interpreted and construed in accordance with the laws of Washington. The Consultant agrees to indemnify, defend and hold the City and its officers and employees harmless from and shall process and defend at its own expense all claims, demands or suits at law or equity arising in whole or part from the Consultant's errors, omissions, or negligent acts under this Agreement provided that nothing herein shall require the Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based upon the conduct of the City, its officers or employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a) the Consultant's agents or employees and (b) the City, its agents, officers and employees,this provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent of the Consultant's negligence or the negligence of the Consultant's agents or employees except as limited below. The Consultant shall secure general liability, property damage, auto liability, and professional liability coverage in the amount of$1.0 million, with a General Aggregate in the amount of$2 million, unless waived or reduced by the City. The Consultant shall submit a completed City of Renton Insurance Information Form, and the Standard Acord Certification Form prior to the execution of the contract. The City of Renton shall be named as an "additional insured" on all contracts/projects. The Consultant shall also submit copies of the declarations pages of relevant insurance policies to the City within 30 days of contract acceptance if requested. The Certification and Declaration page(s) shall be in a form as approved by the City. If the City's Risk Manager has the Declaration page(s) on file from a previous contract and no changes in insurance coverage has occurred, only the Certification Form will be required. The limits of said insurance shall not,however, limit the liability of Consultant hereunder. All coverages provided by the Consultant shall be in a form, and underwritten by a company acceptable to the City. The City will normally require carriers to have minimum A.M. Best rating of A XII. The Consultant shall keep all required coverages in full force and effect during the life of this project, and a minimum of forty five days' notice shall be given to the City prior to the cancellation of any policy. The Consultant shall verify, when submitting first payment invoice and annually thereafter, possession of a current City of Renton business license while conducting work for the City. The Consultant shall require, and provide verification upon request, that all subconsultants participating in a City project possess a current City of Renton business license. The Consultant shall provide, and obtain City approval of, a traffic control plan prior to conducting work in City right-of-way. The Consultant's relation to the City shall be at all times as an independent contractor. H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2000 Mosquito Abatement Program\2004 Program\Whitworth Contractl.doc\AQ\cor Xl1V SUBLETTING OR ASSIGNING OF CONTRACTS The Consultant shall not sublet or assign any of the work covered by this Agreement without the express consent of the City. XV COMPLETE AGREEMENT This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. Any supplements to this Agreement will be in writing and executed and will become part of this Agreement. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise, or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this Agreement. The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2000 Mosquito Abatement Program\2004 ProgramMikworth Contractl.doc\AQ\cor - XVI EXECUTION AND ACCEPTANCE This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The Consultant does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Request for Qualifications, and the supporting materials submitted by the Consultant, and does hereby accept the Agreement and agrees to all of the terms and conditions thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CONSULTANT CITY OF RE N ON U)6CA J 113 04 � o Signatu Date Gregg i e an,Administrator ate Arl PB/P r r Y (�Ih�twt►��I� type or print name 0011. -2 AP114M1-ZZ1 ' , Title \\Server-1\Data\Terry\My Documents\Scopeofwork\whitworthContractl.doc\AQ\msoffice 8 CAG-04-047 EXHIBIT A SCOPE OF WORK 2004 MOSQUITO ABATEMENT PROGRAM TASK NO. 1: LAND TREATMENT FOR ABATEMENT OF MOSQUITOES Treatment Methods and Materials. Land treatment applications of an ultra low volume (ULV), Environmental Protection Agency registered, insecticide will be applied to brush and other upland vegetation using a gasoline-powered, backpack-mounted, portable fogger. Treatment will be conducted in upland areas away from water or wetland areas as weather conditions allow and in accordance with the product label and other federal and state regulations. Treatment must also be conducted in accordance with the conditions of the Determination of Non-Significance-Mitigated for the program made by the City of Renton Environmental Review Committee on March 14, 2000, and included as Exhibit C of the this contract. All necessary licenses and permits shall be the responsibility of the consultant to ensure their issuance prior to treatment. The synthetic pyrethroid insecticide product to be used is Permanone or other products containing similar formulations. Area of Treatment. The treatment area, shown in Exhibit D, is adjacent to and upland of the eastern edge of the Panther Creek Wetland generally located between SR-167 on the west and Lake Avenue South/Talbot Road South on the east and extending from SW 39th Street on the south to I-405 on the north, within the City of Renton, Washington. The project area covers approximately 60 acres to the east of the approximately 65-acre Panther Creek Wetland complex. Prior to treatment, the City will provide a highlighted copy of the map included in Exhibit D of this contract to indicate the properties within the project area for which authorization and release for access and treatment has been granted by the property owner or the owner's legal representative. The treatment application will be performed from foot trails through the project area used in the previous Mosquito Abatement Program treatment applications. The cost per treatment shall include all necessary work for clearing of the trails to allow the treatment to be applied. Frequency of Treatment. Fogging will be conducted in coordination with and at the request of the City at a maximum frequency of twice per week during the months of April through August when mosquito populations are typically higher. The project budget assumes a maximum number of 21 treatment applications. Coordination. Following each treatment, the consultant shall provide to the City a brief summary of the area treated and the type of chemical used, weather conditions during the treatment application, the time during which treatment was conducted, an estimate of the relative abundance and distribution of mosquitoes, and a recommendation on the scope and timing of subsequent treatment. H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2000 Mosquito Abatement Program\2004 Program\Scope of work.doc\AQ\tb CAG-04-047 EXHIBIT B COST ESTIMATE 2004 MOSQUITO ABATEMENT PROGRAM Task 1. The estimated total cost of Task 1 including Washington States sales tax is $18,278.40. The cost shall include all necessary work for clearing of the trails to allow the treatment to be applied. Work conducted in performance of Task 1 will be billed at the following rates: For 12 or more total treatments: $800/treatment For 6 to 11 total treatments: $850/treatment For 1 to 5 total treatments: $950/treatment The billing rates include state sales tax. Subtotal Contract Cost: $16,800.00 State Sales Tax(8.8%) $1,478.40 Estimated Total Contract Cost: $18,278.40 H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2000 Mosquito Abatement Program\2004 Program\Scope of work.doc\AQ\tb CAG-04-047 EXHIBIT C DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) MITIGATION MEASURES APPLICATION NO(S): LUA-00-025,ECF APPLICANT: City of Renton PROJECT NAME: Mosquito Abatement Program 2000-2004 DESCRIPTION OF PROPOSAL: The City of Renton proposes to conduct a mosquito abatement. program annually from April through September over a five-year period from 2000 to 2004 for the control of mosquitoes in the Talbot Hill area adjacent to and upland of the eastern edge of the Panther Creek Wetland. The program consists of land treatment applications of an Environmental Protection Agency (EPA)approved synthetic insecticide spray applied to brush and other upland vegetation using a gasoline- powered, backpack-mounted portable blower. The spraying will be conducted in upland areas away from water areas by a licensed applicator/entomologist at a maximum frequency of twice per week in accordance with EPA and Department of Agriculture approved application requirements. LOCATION OF PROPOSAL: East of SR-167/Panther Creek Wetland;West of Talbot Road South/Lake Avenue South, South of 1-405, North of SW 43 Street MITIGATION MEASURES: 1. To ensure public health and safety, prior to the start of treatment the applicant will: 1) provide written information which fully describes the.proposed abatement program and schedule to all property owners within the proposed project area; 2) conduct the program only on City property and on those privately-owned parcels for which authorization has been received from the property owner or the owner's legal representative; and 3) post a description and schedule of the program in the vicinity of the project area. The information will include the name and telephone number of the applicant's representative who can provide further information about the program to interested parties. 2. To prevent excess drift of the proposed insecticide sprays and potential drift into the Panther Creek Wetland,application may only be made as conditions permit in accordance with EPA and Department of Agriculture approved application requirements,e.g.,restrictions on the maximum wind speed above which treatment may not be conducted. Wind speeds determined by the applicator at the time of treatment must be 10 miles per hour or less and must be blowing in an easterly direction away from the Panther Creek Wetland or the treatment may not be conducted. 3. To minimize the potential for insecticides to enter surface or ground water, equipment washdown water is to be disposed of off-site in accordance with EPA and Department of Agriculture requirements. 4. To minimize potential impacts to aquatic organisms, accidental spills are to be reported immediately by the applicator to the City of Renton Surface Water Utility, the State Department of Health, the Department of Agriculture, and the Department of Ecology (spills in water). Only small quantities of the proposed insecticides (9 gallons of diluted concentrate or less) will be on the project site and will be stored, handled, and disposed of in accordance with EPA and Department of Agriculture requirements. In the event of a spill, appropriate measures are to be immediately implemented by the applicator to first contain and then to clean up the spill in accordance with Department of Agriculture and/or other applicable agency requirements_ Mosquito Abatement Progra, 000-2004 EXHIBIT C ( c o n t d) LUA-00-025,ECF CAG-04-047 Mitigation Measures (continued) Page 2 of 2 5. To minimize the potential for insecticides inadvertently entering surface or ground water, the insecticide spraying must be conducted in upland areas away from water by a licensed applicator in accordance with Environmental Protection Agency (Federal Insecticide, Fungicide and Rodenticide Act or FIFRA) and Department of Agriculture (WAG-16-228) approved application requirements. BiomistO is not to be applied within 100 feet from water. 6. To ensure that potential impacts to animals are minimized, the.applicator will immediately notify the City of Renton Surface Water Utility and stop treatment if any animals are killed in association with the abatement program. No animal kill is expected because BiOMIST®, when used according to the manufacture's instructions as approved by EPA, is reported to have tow toxicity to animals. EXHIBIT C (contd ) CAG-04-047 CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) ADVISORY NOTES APPLICATION NO(S): LUA-00-025,ECF APPLICANT: City of Renton PROJECT NAME: Mosquito Abatement Program 2000-2004 DESCRIPTION OF PROPOSAL: The City of Renton proposes to conduct a mosquito abatement program annually from April through September over a five-year period from 2000 to 2004 for the control of mosquitoes in the Talbot Hill area adjacent to and upland of the eastern edge of the Panther Creek Wetland. The program consists of land treatment applications of an Environmental Protection Agency (EPA)approved synthetic insecticide spray applied to brush and other upland vegetation using a gasoline- powered, backpack-mounted portable blower. The spraying will be conducted in upland areas away from water areas by a licensed applicator/entomologist at a maximum frequency of twice per week in accordance with EPA and Department of Agriculture approved application requirements. LOCATION OF PROPOSAL: East of SR-167/Panther Creek Wetland,West of Talbot Road South/Lake Avenue South, South of 1-405, North of SW 43 Street Advisory Notes to Applicant: The following notes are supplemental information provided in conjunction with the environmental determination. Because these notes are provided as information only, they are not subject to the appeal process for environmental determinations. 1. - Normal hours during which work may be conducted are between 6:00 AM and 7:00 PM, Monday through Friday. Permission to work other hours and times must be obtained from the City Development Services Division and may be subject to other conditions. 2. The mitigation measures included in this determination are proposed by the applicant in the project application documents. It is the responsibility of the applicant to ensure that all mitigation is implemented as proposed, and that any additional information requiring review is submitted and approved prior to starting work. EXHIBIT D CAG-04-047 Neighborhood Detail Map/Site Map Sw LiLid [ST-1 ffF -o Proje t Li ts S l t t 167 S 19th D `n SW 21 st `�' Q t N � 10 Q n J SW 23rd $ > cr N c o $T SW 27th St s o ��r d S 29 St 0 W 30t St 1st Pt W 167 a W Vth t SW 39th S Notes TREATMENT WILL NOT BE APPLIED WITHIN 100' OF WATER. TREATMENTS WILL NOT BE PERFORMED NEAR HOMES. TREATMENT WILL ONLY BE DONE ON THE UPLAND AREA BETWEEN �o00 0 1000 THE WETLAND EASTERN EDGE AND THE RESIDENTIAL AREAS. PROPERTY OWNER APPROVAL REQUIRED PRIOR TO TREATMENT ON PRIVATE PROPERTY. Scope n Feet Mosquito Abatement Program (2000-2004) CAG-04-047 + c; AFFIDAVIT OF COMPLIANCE t�lti i�WO f� V1 S�((;+ 1,,5 U4 hereby confirms and declares that (Name of contractor/subcontractor/consultant/supplier) I. It is lJ L J w A (&V _(Y,I t) (o Aj policy to offer equal (Name of contractor/subcontractor/consultant/supplier) opportunity to all qualified employees and applicants for employment without regard to the race, creed, color, sex,national origin, age, disability or veteran status. &:�d tl < < complies with all applicable federal, (Name of contractor/subcontractor/consultant/supplier) state and local laws governing non-discrimination in employment. II. When applicable,_ , LL,tt A Lp SojU`f l 0`i-, will seek out and (Name of contractor/subcontractor/consultant/supplier) negotiate with minority and women contractors for the award of subcontracts. r r y �iJh i t k��►/'�� �i��C�a�C Print Agent/Representative's Name and Title Agent/Represe lve's Signature Instructions: This document MUST be completed by each contractor, subcontractor, consultant and/or supplier. Include or attach this document(s)with the contract. \\Server-i\Data\Terry\My Documents\affidavit.doc\msoffice 2 Piazza/Data—Center/Forms/City/Contracts /2000_Consultant.doc bh �� ��r f2�`2G `F'3-�o� 5a Client#: 26389 WHITWPES DATE `ACORD,. CERTIFICATE OF LIABILITY INSURANCE 01/19105Dnvvv) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION USI Northwest ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 700 NE Multnomah, Suite 1300 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Portland, OR 97232 RECEIVED ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 503 224-8390 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA: Lexington Insurance Company 19437 Whitworth Pest Solutions, Inc. 2533 Inter Ave. CITY OF RENTON INSURER B: UTILITY SYSTEMS INSURER C: Puyallup, WA 98372 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR NSR DATE MM/DD/YY DATE MM/DD/YY A GENERAL LIABILITY PC2936138 12/01/04 12/01/05 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY DAMAGE (RENTED $100 000 PREMISESS Ea occurrence CLAIMS MADE OCCUR MED EXP(Any one person) $5 000 X PD Ded:2,500 PERSONAL&ADV INJURY $1 000 000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG s2,000,000 POLICY PRO- AUTOMOBILE JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WC STATU- OTH- WORKERS COMPENSATION AND TCRY IMIT R EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYE S If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS All operations of the Named Insured subject to the policy terms,conditions and exclusions. Certificate holder is an additional insured as respects general liability arising out of the ongoing operations of the named insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Renton DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL -'10 DAYS WRITTEN Planning/Bldg/Public Works NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Attn Allen Quynn IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 1055 South Grady Way REPRESENTATIVES. Renton, WA 98055 AUTHORIZED REPRESENTATIVE ACORD 25(2001/08) 1 of 2 #M145312 11 L o ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S(2001/08) 2 of 2 #M145312