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HomeMy WebLinkAboutContract CAG-19-155 Irk 4 AGREEMENT with AQUATECHNEX, LCC for VEGETATION MANAGEMENT at GENE COULON MEMORIAL BEACH PARK and KENNYDALE BEACH PARK THIS AGREEMENT("Agreement") is made as of the 0,O day of May , 2019, (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"), through its Community Services Department and AQUATECHNEX, LLC, ("Contractor"), who are collectively referred to as the "Parties", to treat aquatic weeds at Gene Coulon Memorial Beach Park(Coulon Park) at 1201 Lake Washington Boulevard North and Kennydale Beach Park at 3601 Lake Washington Boulevard North. 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 Area" 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 30 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 60 days from the Effective Date.This Agreement may be extended to accomplish change orders, if required, upon mutual written agreement of Renton arid Contractor. 5. Agreement Sum: The total amount of this Agreement is the sum of $5,435.00 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. 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. v`? PAGE 2 OF 6 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 PAGE 3 OF 6 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. 0 PAGE 4OF6 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. I. 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. 0 PAGE 5OF6 IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of Effective Date. CITY OF RENTON CONTRACTOR if By: �,' /1 i7 6 By:� KELLY BEY R CKYLE G Administrator, Community Services Aquatic Specialist/Certified Lake 1055 South Grady Way Manager Renton, WA 98057 Clio% �/26 Date Date Approved as to Legal Form By: �••44" SHANE MOLONEY City Attorney CD' PAGE 6 OF 6 Exhibit "A" Aquatechnex, LLC PO Box 30824 Bellingham, WA 98228 Tel: 360-330-0152 www.aquatechnex.com The City of Renton Beach Parks Aquatic Weed Management Program 2019 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.This granular formulation of Renovate (active ingredient:triclopyr)was registered for aquatic use in Washington in 2007 and has been used annually to treat the swim areas. Management Effort for 2019 For 2019,we have a new product for treatment of Eurasian Watermilfoil called Procellacor EC(active ingredient Florpyrauxifen-benzyl). Procellacor, like Renovate OTF, is a systemic herbicide that enters target plants and is translocated throughout the plant to kill the root and all.There are several advantages of Procellacor over Renovate. It requires much less contact time with milfoil, making it more 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.This also means that it will have less water use restrictions than Renovate. Procellacor has already been approved by the EPA and the WSDA. Unfortunately,the Washington Department of Ecology failed to meet their promised deadline to add Procellacor to the state general permit for aquatic plant management in April as promised. There are options now available. DOE has not promised that the permit will be ready for Procellacor until after July 5th. The City could wait and utilize it at that point. The second option would be to use Renovate OTF granular in late May. As ProcellaCOR will not be available until July, and the City is interested managing Eurasian Milfoil earlier in the season,we are going to have to recommend going back to Renovate OTF granular unless the City wishes to wait until July for treatment. The areas identified for 2019 include the Coulon Boat Launch, Coulon Beach Swimming area and Kennydale Beach Swimming Area. These areas make up a total of approximately 4.6 acres. The cost to treat these areas with Renovate OTF granular including pre-treatment notification, day of treatment posting and application will be$4,350.00. Additionally,the Washington Department of Ecology permit fee is billed and due in the summer when they bill us. This cost last year was$618.00 and they generally go up about$20-40.00 per year. The treatment period would be in the last two weeks of May,we will coordinate this with City staff during the week of May 13tn Renovate OTF is a selective herbicide for Eurasian Milfoil. Other invasive weeds are working their way around Lake Washington,these include Brazilian Elodea and Curly Leaf Pondweed. If these species become problematic this year,there is a second treatment option, Diquat herbicide. This product can be used after July 15th when the fish timing window for Lake Washington and Diquat opens. This cost is $375.00 per acre,there is a 24 hour swimming precaution that we have to post to utilize this technology. If you have any questions, please contact Terry McNabb, 360-201-2612 Coulon Beach Park Milfoil Removal Area • A, yf ,» i �` y C- or ,,,.., Lake Washington • • • + y7Gtfi6'" ouI t \ ,/.\\*. 1087 � •"gyp, '.. Notes Legend None City and County Boundary j Other I. City of Renton EXHIBIT 'B' 03 Addresses (1 of 3) Parcels approximately 82,000sgft. 128 0 64 128 Feet WGS_1984_Web_Mercator_Auxil iary_Sphere City ofRen-----folf: Information Technology-GIS This map is a user generated static output from an Internet mapping site and RentonMapSupport@Rentonwa.gov is for reference only.Data layers that appear on this map may or may not be accurate current.or otherwise reliable Finance&IT Division 3/28/2017 THIS MAP IS NOT TO BE USED FOR NAVIGATION Coulon Boat Launch Area 4.01.11s#, 1444 ' ‘ • u� x y 4dw kd d * � ♦d« +d� s i „♦ • .r • 'd4y Lake Washington Notes Legend None City and County Boundary Other EXHIBIT 'B' _. r City of Renton I Addresses (2 of 3) Parcels approximately 9O,OOOsgft. 128 0 64 128 Feet WGS_1984_Web_Mercator_Auxiliary_Sphere CityofRenton Information Technology-GIS 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 RentonMapSupport@Rentonwa.gov accurate current,or otherwise reliable Finance&IT Division 4/3/2017 THIS MAP IS NOT TO BE USED FOR NAVIGATION Kennydale Beach Park Milfoil Removal Area 3342700320 3342700330 �� 3224059005 3342700355 / . A, shrngtan , 3342103580 1 �` 31 059;?V 3342102759 . s I 3342103111 c, 3342103625 3342100005 4 f : . Notes Legend None City and County Boundary Other '. City of Renton EXHIBIT 'B' Q Addresses Parcels (3 of 3) approximately 28,000sqft. 64 0 32 64 Feet WGS_1984_Web_Mercator_Auxiliary_Sphere Clty Ofer1U11 Information Technology-GIS This map is a user generated static output from an Internet mapping site and RentonMapSupport@Rentonwa.gov is for reference only Data layers that appear on this map may or may not be accurate current,or otherwise reliable. Finance&IT Division 3/28/2017 THIS MAP IS NOT TO BE USED FOR NAVIGATION