HomeMy WebLinkAboutContractAGREEMENT with AQUATECHNEX, LLC
for VEGETATION MANAGEMENT at GENE COULON MEMORIAL
BEACH PARK and KENNYDALE BEACH PARK
THIS AGREEMENT (“Agreement”) is made as of the _____ day of April, 2022, (the “Effective Date”)
by and between the City of Renton, a non‐charter code city under RCW 35A and a municipal
corporation under the laws of the State of Washington (“Renton”), and AquaTechnex, LLC,
(“Contractor”), a Washington State corporation, who are collectively referred to as the “Parties”,
to treat aquatic weeds at Gene Coulon Memorial Beach Park (Coulon Park), 1201 Lake Washington
Blvd N and Kennydale Beach Park at 3601 Lake Washington Blvd N. Renton and Contractor agree
as set forth below.
1.Scope of Services: Contractor will provide all material and labor necessary to perform all
work described in the Proposal which is attached and fully incorporated into this
Agreement by reference as Exhibit “A.” The ‘Treatment Areas’ specified on Lake
Washington at Coulon Park and Kennydale Beach Park are shown in three maps, which are
attached and fully incorporated into this Agreement by reference as Exhibit “B.” The scope
of services may hereinafter be referred to as the “Services.”
2.Changes in Scope of Services: Renton, without invalidating this Agreement, may order
changes to the Scope of Services consisting of additions, deletions or modifications, the
Agreement Sum being adjusted accordingly by Parties mutual agreement. Such changes
in the work shall be authorized by written Change Order signed by the Parties.
3.Time of Performance: Contractor shall commence performance of the Agreement no later
than sixty (60) calendar days after the Agreement’s Effective Date.
4.Term of Agreement: The Term of this Agreement shall end at completion of the Scope of
Services, no later than 90 days from the Effective Date. This Agreement may be extended
to accomplish change orders, if required, upon mutual written agreement of Renton and
Contractor.
5.Agreement Sum: The total amount of this Agreement is the sum of $5,869.20 which
includes Washington State Sales Tax. This amount may be adjusted to a mutually agreed
amount based on changes to the Scope of Services.
6.Consideration: In exchange for Contractor’s performance of the items and responsibilities
identified in the Scope of Services, Renton agrees to make payment of the amount
identified as the Agreement Sum.
CAG-22-107
15th
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7.Method of Payment: Payment by Renton for the Services will only be made after the
Services have been performed and a voucher or invoice is submitted in a form acceptable
to Renton. Payment of the initial 95% will be made in the next pay cycle of the Renton
Finance Department after receipt of such voucher or invoice (pay cycles are bi‐weekly).
The remaining 5% will be retained for the purpose of completion of the project and
fulfillment of claims and liens. Renton shall have the right to withhold payment to
Contractor for any work not completed in a satisfactory manner until such time as
Contractor modifies such work so that the same is satisfactory.
8.Hold Harmless: Contractor shall indemnify, defend and hold harmless Renton, its elected
officials, officers, agents, employees and volunteers, from and against any and all claims,
losses or liability, or any portion of the same, including but not limited to reasonable
attorneys’ fees, legal expenses and litigation costs, arising from injury or death to persons,
including injuries, sickness, disease or death of Contractor’s own employees, agents and
volunteers, or damage to property caused by Contractor’s negligent act or omission,
except for those acts caused by or resulting from a negligent act or omission by Renton
and its officers, agents, employees and volunteers.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
estate…) 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
contractor and Renton, its officers, officials, employees and volunteers, Contractor’s
liability shall be only to the extent of Contractor’s negligence.
It is further specifically and expressly understood that the indemnification provided in this
Agreement constitute Contractor’s waiver of immunity under the Industrial Insurance Act,
RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually
negotiated and agreed to this waiver. The provisions of this section shall survive the
expiration or termination of this Agreement.
9.Insurance: Contractor shall secure and maintain:
a.Commercial general liability insurance in the minimum amounts of $1,000,000 for each
occurrence/$2,000,000 aggregate for the Term of this Agreement.
b.Professional liability insurance, in the minimum amount of $1,000,000 for each
occurrence, shall also be secured for any professional services being provided to
Renton that are excluded in the commercial general liability insurance.
c.Workers’ compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
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d.It is agreed that on Contractor’s commercial general liability policy, the City of Renton
will be named as an Additional Insured on a non‐contributory primary basis. Renton’s
insurance policies shall not be a source for payment of any Contractor liability.
e.Subject to Renton’s review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to Renton before executing the work of this
Agreement.
f.Contractor shall provide Renton with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
10.Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Contractor agrees as follows:
a.Contractor, and Contractor’s agents, employees, representatives, and volunteers with
regard to the services performed or to be performed under this Agreement, shall not
discriminate on the basis of race, color, sex, religion, nationality, creed, marital status,
sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
for employment, the administration of the delivery of services or any other benefits
under this Agreement, or procurement of materials or supplies.
b.The Contractor will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, creed,
color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
c.If Contractor fails to comply with any of this Agreement’s non‐discrimination
provisions, Renton shall have the right, at its option, to cancel the Agreement in whole
or in part.
d.Contractor is responsible to be aware of and in compliance with all federal, state and
local laws and regulations that may affect the satisfactory completion of the project,
which includes but is not limited to fair labor laws and worker's compensation.
11.Independent Contractor: Contractor’s employees, while engaged in the performance of
any of Contractor’s services under this Agreement, shall be considered employees of the
Contractor and not employees, agents, representatives of Renton and as a result, shall not
be entitled to any coverage or benefits from the City of Renton. Contractor’s relation to
Renton shall be at all times as an independent contractor. Any and all Workman’s
Compensation Act claims on behalf of Contractor employees, and any and all claims made
by a third‐party as a consequence of any negligent act or omission on the part of
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Contractor’s employees, while engaged in services provided to be rendered under this
Agreement, shall be the solely Contractor’s obligation and responsibility.
12.Prevailing Wage Rates: Contractor must comply with the State of Washington prevailing
wage requirements. Contractor must file an Intent To Pay Prevailing Wage at the
beginning of the project and an Affidavit of Wages Paid at the end of the project with the
Washington State Department of Labor and Industries,
http://www.lni.wa.gov/TradesLicensing/PrevWage/default.asp.
13.Record Keeping and Reporting: Contractor shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Services provided in the
performance of this Agreement. The Contractor agrees to provide access to and copies of
any records related to this Agreement as required by the City to audit expenditures and
charges and/or to comply with the Washington State Public Records Act (Chapter 42.56
RCW).
14.Public Records Compliance. To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Contractor shall make a due diligent search
of all records in its possession, including, but not limited to, e‐mail, correspondence,
notes, saved telephone messages, recordings, photos, or drawings and provide them to
the City for production. In the event Contractor believes said records need to be protected
from disclosure, it shall, at Contractor’s own expense, seek judicial protection. Contractor
shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees,
attendant to any claim or litigation related to a Public Records Act request for which
Contractor has responsive records and for which Contractor has withheld records or
information contained therein, or not provided them to the City in a timely manner.
Contractor shall produce for distribution any and all records responsive to the Public
Records Act request in a timely manner, unless those records are protected by court order.
15.Other Provisions:
a.Administration and Notices. Each individual executing this Agreement on behalf of
Renton and Contractor represents and warrants that such individuals are duly
authorized to execute and deliver this Agreement on behalf of Renton or Contractor.
Any notices required to be given by the Parties shall be delivered at the addresses set
forth below. Any notices may be delivered personally to the addressee of the notice
or may be deposited in the United States mail, postage prepaid, to the address set
forth below. Any notice so posted in the United States mail shall be deemed received
three (3) calendar days after the date of mailing. This Agreement shall be administered
by and any notices should be sent to the undersigned individuals or their designees.
b.Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
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c.Assignment and Subcontract. Contractor shall not assign or subcontract any portion
of this Agreement without the City of Renton’s prior express written consent.
d.Compliance with Laws. Contractor and all of the Contractor’s employees shall perform
the services in accordance with all applicable federal, state, county and city laws, codes
and ordinances. A copy of this language must be made a part of any contractor or
subcontractor agreement.
e.Conflicts. In the event of any inconsistencies between contractor proposals and this
contract, the terms of this contract shall prevail.
f.Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
g.Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not be construed against one party or the
other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution.
h.Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or
interpret this Agreement or any of its terms or covenants shall be brought in the King
County Superior Court for the State of Washington at the Maleng Regional Justice
Center in Kent, King County, Washington, or its replacement or successor.
i.Severability. A court of competent jurisdiction’s determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
j.Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
k.Third‐Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of the Parties and no one else.
l.Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s
failure to enforce any provision of this Agreement shall not be a waiver and shall not
prevent either Renton or Contractor from enforcing that provision or any other
provision of this Agreement in the future. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any prior or subsequent breach
unless it is expressly waived in writing.
INWITNESSWHEREOF,thePartieshavevoluntarilyenteredintothisAgreementasofEffectiveDate.CITYOFRENTONAQUATECHNEX,LLCBy:Z<&G7&4)W&By:/f/zdKELLYBEYMRBRADENO’NEILParksandRecreationAdministratorAquaticSpecialist1055SouthGradyWayRenton,WA980574/12/2022DateDateApprovedastoLegalFormBy:____________________________SHANEMOLONEYCityAttorney0PAGE6OF6(approved via email from Cheryl Beyer on 4/11/2022)
The City of Renton Beach Parks
Aquatic Weed Management Program 2022
Prepared by AquaTechnex, LLC.
Introduction
The City of Renton Parks & Recreation is responsible for approximately 5.43 acres of waterfront
on Lake Washington. The site at Coulon Park Beach is 4.81 acres, complete with a large swim
beach and multi-lane boat launch. The smaller Kennydale Park Beach is roughly a mile north of
the Coulon location and contains the remaining 0.62 acres of water frontage. In recent years
noxious weeds have become cumbersome and dangerous to both beachgoers and boat users in the
immediate areas. The City has been working with private contractors to solve this problem for its
patrons. Parks & Recreation representatives currently hold a valid NPDES permit with the
Department of Ecology to mitigate noxious weed take-over using EPA approved aquatic
herbicides.
Past Management Efforts
AquaTechnex, LLC. has been chosen as the aquatic plant management contractor for services for
several years. As the contractor, we have primarily been using Renovate OTF (aquatic herbicide)
to control Eurasian Water Milfoil. Last year we switched to a newly available herbicide called
ProcellaCor EC.
Management Effort for 2022
For 2022, we will continue to use Procellacor, (active ingredient Florpyrauxifen-benzyl), for
treatment of Eurasian Watermilfoil. Procellacor is a systemic herbicide that enters target plants
and is translocated throughout the plant to kill the root and all. Procellacor has a very short
contact exposure tine, making it very effective in areas with a large amount of water exchange or
where you are only treating a small area on a large lake such as Lake Washington. It also has a
very clean environmental and human safety profile and is one of only two reduced risk classified
aquatic herbicides established by the EPA. There are no Post-Treatment water use restrictions on
swimming or eating fish from treated water bodies associated with ProcellaCor treatment.
It is our recommendation to use the systemic aquatic herbicide Procellacor at all desired
treatment areas in 2022. The area identified for 2022 includes the Coulon Boat Launch, Coulon
Beach Swimming Area, and Kennydale Beach Swimming Area. These three areas make up a
total of approximately 4.6 acres of treatment.
While a permit is active, the Department of Ecology charges an annual fee each July at the start
of the state fiscal year. This is estimated to be around $700 for 2022 and will be billed to the
City of Renton when we receive it mid-summer. The exact amount will not be known until it is
set by Ecology.
P.O. Box 118
Centralia, WA 98531
Tel: 360-330-0152
www.aquatechnex.com
Treatment in 2022 is slated for the last two weeks of May, we will coordinate this with city staff
during the week of May 8th. Eurasian milfoil is actively growing in Lake Washington by this
point, and this timing allows for park staff to remove fencing prior to the official public opening
of two beaches. Use of Procellacor in 2022 is intended to provide season long control of the
Eurasian Water Milfoil.
Estimated Costs (AquaTechnex Services):
Herbicide, mobilization, application, equipment: $4,395.00*
Notification and posting required under permit: $300.00*
Total: $4695.00*
*Applicable sales tax will be added to prices listed here*
Ecology Permit Fee:
Est. $700 for 2022
As Procellacor EC is a selective herbicide, it will not control native plant species or the other two
common invasive species – Brazilian elodea and Curlyleaf pondweed. Should a native plant
population introduce itself to the area and become a nuisance in the absence of Milfoil there is a
treatment option available. This was not an issue brought up in previous years but is certainly
something to be aware of and watch for. The timing window for use of this herbicide is restricted
to be used after the 15th of July.
The City of Renton continues to do its part in the battle of noxious weeds that are affecting Lake
Washington more and more each year. With aggressive mitigation efforts on both of their public
beaches, the City has provided a safe and enjoyable setting for its residents to enjoy. We look
forward to the opportunity to assist the community once again in 2022. Thank you for your time
and consideration. Please feel free to contact me at the information below with any questions or
comments.
Braden O’Neil
Aquatic Specialist
AquaTechnex, LLC.
360-827-2196
oneilb@aquatechnex.com
2,257
188
Coulon Beach Park Milfoil Removal Area
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable.
None
3/28/2017
Legend
128064
THIS MAP IS NOT TO BE USED FOR NAVIGATION
Feet
Notes
128
WGS_1984_Web_Mercator_Auxiliary_Sphere
Information Technology - GIS
RentonMapSupport@Rentonwa.gov
City and County Boundary
Other
City of Renton
Addresses
Parcels
2,257
188
Coulon Boat Launch Area
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable.
None
4/3/2017
Legend
128064
THIS MAP IS NOT TO BE USED FOR NAVIGATION
Feet
Notes
128
WGS_1984_Web_Mercator_Auxiliary_Sphere
Information Technology - GIS
RentonMapSupport@Rentonwa.gov
City and County Boundary
Other
City of Renton
Addresses
Parcels
1,128
94
Kennydale Beach Park Milfoil Removal Area
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable.
None
3/28/2017
Legend
64032
THIS MAP IS NOT TO BE USED FOR NAVIGATION
Feet
Notes
64
WGS_1984_Web_Mercator_Auxiliary_Sphere
Information Technology - GIS
RentonMapSupport@Rentonwa.gov
City and County Boundary
Other
City of Renton
Addresses
Parcels