The URL can be used to link to this page

AG 12-058RETURN TO: U. My\kj,ki EXT: ' t 2664 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / S W IVt 2. ORIGINATING STAFF PERSON: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT ❑ PUBLIC WORKS CONTRACT !$' PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE r►•�� d CONTRACT AMENDMENT (AG #): �c2 'O9 (E.G., RFB, RFP, RFQ) EXT: 2.7 S "2— 3. DATE REQ. BY: 12111 / I ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: utth6 Nan+ 2 •ltiae J M K2 m-er\t 6. NAME OF CONTRACTOR: A a k Ct� � GA n e. x i i.LC ADDRESS: PO Bt)(. 30$ 2Ll .1111��'V�rn Wf -9° E -MAIL: `E^ v c h a�j 1�j e A 4 I^-0• J -e•t% i �C • C Mt SIGNATURE NAME: TGY r CV\ C N 0..„‘-'1, TELEPHONE: 34 p - 52.1 • 1 Z.7 l FAX: TITLE: 0.n41 tJ2 7. EXHIBITS AND ATTACHMENTSk SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED L;I�C�(NSES�jcd RIOR CO RACT /AMENDMENTS CFW LICENSE #07 ID ail 0,0Q ' BL, EXP. 12 /31/15 UBI# �f�i� -L DS , EXP /,� /C� 8. TERM: COMMENCEMENT DATE: 5/4 54.--1.1.._ COMPLETION DATE: 15/JS/ 4- ; ff q 7y 1��1�� IF ANY) TOTAL COMPENSATION: $ 1 (� 4. W �,�J i �v (INCLUDE EXPENSES AND SALES TAX, ) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES )� jj❑ NO IF IIYES, $ //��(�'� /u/ PAID BY: �❑ CCONTRACTOOR ❑ CITY t PURCHASING: PLEASE CHARGE To: '41Q1 - --31 OZ— W W � - a (I ` ) t - 1, � ~ `�"�" — �4Z _ Lt q -4 10. DOCUMENT / CONTRACT REVIEW [PROJECT MANAGER 11-S , / .e. DIVISION MANAGER "{ hG vv_5 4. ❑ DEPUTY DIRECTOR X' DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) j4.21 X LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ,4'rf 1110_1(1-11(.1 •tc 0 ?/231 COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING j . I 11 XSENTTO VENDOR/CONTRACTOR DATE SENT: f ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSESMXHIBITS ✓ INITIAL / ME SIGNED LAW DEPT ❑ CHIEF OF ST SIGNATOR MAYO OR DIRECTOR) CITY CLERK ASSIGNED AG # SIGNED COPY RETURNED )(RETURN ONE ORIGINAL COMMENTS: EXECUTE "p` " ORIGINALS ; i S 67116^4.4" EA4C tui or 1- cc miv44.4 cd I !vet 'r a• S AfaCeS 41 c / A►q,,as tt )tvt.cx• Ike Dvi?inJ r5 .4 -.C.4120( • Ike- L.d.ke •►e_a.twad• bA-fr.GFs arc ri5p0ns'1•lt fav 5letd Wee. c t IJ 1.4d Pc e e xe cans es + Perks De' - 4e•+- Fs kcvi PetnoQ Lfk bate. Moil- • i,,5 fry cf l s `ser y r v wy; 11r e.5 L.v e., .444 Prov d 1GIs- exkars,'al ev..c- 3 1 AG# « 12-058 A DATE SENT: 03 At COUNCIL APPROVAL DATE: DATE REC'D: l 1, 1/15 Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway com AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR AQUATIC PLANT & ALGAE MANAGEMENT This Amendment ( "Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ( "City"), and AquaTechnex, LLC, a Washington limited liability company ( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Aquatic Plant and Algae Management ( "Agreement ") dated effective May 15, 2012, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than May 15, 2018 ( "Amended Term "). 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B -1, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rates for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 3. GENERAL PROVISLONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. AMENDMENT 1 - 12/2015 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835-7000 www cityoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF, FEDERAL WAY By: /J Jim ell, ayor AQUATECHNEX, LLC Manager DATE: k(i (2L. STATE OF WASHINGTON ) ) ss. COUNTY OF 4/)i4. c .) ATTEST: erk, Stephanie C y, CMC APPROVED AS TO FORM: 3\2 Ca -qar City Attorney, Amy Jo Pearsall On this day personally appeared before me Terry McNabb, to me known to be the Manager of AquaTechnex, LLC that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this / TIMOTHY G. KRELL STATE OF WASHINGTON NOTARY PUBLIC MY COMMISSION EXPIRES o9 2e.1S AMENDMENT 2 dayg1 wi , 20 tary's signature C • h'''a )tary's printed name 7i oTNy H • g Notary Public in and for the State of Washington. My commission expires .172,111-0/F 12/2015 Federal Way EXHIBIT B -1 ADDITIONAL COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway com 1. Total Compensation: In return for the Services during the extended term, the City shall pay the Contractor an additional amount not to exceed Sixty -One Thousand Two Hundred Eighty -Seven and 00/100 Dollars ($61,287.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed One Hundred Seventy -One Thousand Two Hundred One and 00 /100 Dollars ($171,201.00). 2. Method of Compensation: See Attached Table AMENDMENT 3 - 12/2015 EXHIBIT B -1 0 N 10 } Q 2 (O 2 -Year Totals n_ 6 fA n 6 EA 69 $4,512 (OO 01 0) 69 $21,298 N- CO E9 0 (O N CO N EA 00 I- EA La CO p~p N to GA 2 - Year Costs Fisher's Pond N- N Di EA n N CNI N O to 0 O 0 M 69 N <- 6) 0 0) 0 0 0 00 CO d) 0) EA Cost reflect expected tasks by individual lake, per descriptions . GRAND TOTAL North Lake In O) C6 EA o 0) CO' EA 10 N- EA Ca O 0) (A '7 N EA 00) ' EA COQ) (73. $1,313 (O EA O O $23,982 Steel Lake O Ln 0) Ea O In 0) 0 el 0 10 N. 0 0) EA 10 N EA 0) d' O M . M CO O O - 9 O 0 (A O CO Efl CSJ CO N Eft Unit Cost Survey Cost: $160.00 per hour. Map generation: $85.00 per hour. Report generation: $60.00 per hour. Mobilization: $200.00 Survey Cost: $160.00 per hour. Map generation: $85.00 per hour. Report generation: $60.00 per hour. Mobilization: $200.00 No per unit cost is available for this task. Permit renewal fees are required annually; cost is variable from year to year. $150.00 per hour Mobilization: $300.00 $150.00 per hour Mobilization: $300.00 Annual aquatic herbicide treatment costs depend upon the target plant species, and either a "cost per hour treated" or "cost per acre treated" basis. (Cost per hour has increased by $25.00) Mobilization: $300.00 Annual reports: $75.00 per hour Seasonal notification requirements. B &R Notice: $350.00. Shoreline Notices: $150.00 $265.00 per meeting. Estimated two meetings per year. No per unit cost is available for this task. $150.00 per hour. Mobilization $300.00 Variable material cost N (0 Task 1 - Initial Aquatic Plant Survey Task 2 - Second Aquatic Plant Survey Task 3 - Bathymetry Maps Task 4 - Permit Coverage Maintenance Task 5 — Diver Hand Removal Task 5 — Manual Removal Task 5 — Aquatic Herbicide Treatments Task 6 - Final Year End Report Task 7 - Notification Task 8 - Meetings Task 9 — Fish Habitat Installation Task 10 — Native Plantings ACORiff CERTIFICATE OF LIABILITY INSURANCE L—...---- DATE(MM/DD/YYYY) 815/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. HOLDER. THIS BY THE POLICIES AUTHORIZED IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER Bellingham, WA -Hub International Northwest 110 Unity St. Bellingham WA 98225 COIJTACT NAME: PHONE o Exm360- 647 -9000 FAX N1:360- 734 -8496 E -MAIL ADDRESS: now .unityinfo @hubinternational.com INSURERS) AFFORDING COVERAGE NAIC It INSURER A :Admiral Insurance Company 24856 INSURED AQUALLC -03 AquaTechnex LLC DBA H2O Technex PO Box 30824 Bellingham WA 98228 INSURER B : 7/15/2015 INSURER C: EACH OCCURRENCE INSURER D DAMAGE TO PREMISES (EaEoccurrence) INSURER E : INSURER F : CLAIMS -MADE RTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM /DD/YYYY) POLICY EXP (MM /DD/YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY Y Y FEIECC1651202 7/15/2015 7/15/2016 EACH OCCURRENCE $2,000,000 DAMAGE TO PREMISES (EaEoccurrence) $50,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $2,000,000 GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE 7 POLICY X LIMIT APPLIES E PER: LOC PRODUCTS - COMP /OP AGG $4,000,000 Deductible $5,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS _ _ _ SCHEDULED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) ) $ PROPERTY DAMAGE I (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB _ OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER/EXECUTIVE OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A FEIECC1651202 7/15/2015 7/15/2016 wC STATU- TORY LIMITS X OTH- ER Wa - Stop Gap E.L. EACH ACCIDENT $1,000,000 E L DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 A Professional Pollution Y Y FEIECC1651202 7/15/2015 7/15/2016 Aggregate 2,000,000 Each Claim 1,000,000 Deductible 5,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Per forms and conditions. Automatic Additional Insured form ECC- 319 -0712; Additional Insured with Completed Operations form CG 20 37 07 04; Waiver of Subrogation form ECC- 320 -0712; Primary and Non - Contributory form ECC- 548 -0712; Per Project Aggregate CG 25 03 11 85. CERTIFICATE HOLDER CANCELLATION City of Federal Way PO Box 9718 Federal Way WA 98063 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Aquatechnex Inc Endorsement Number 27 Amendment - Aggregate Limits of Insurance (Per Project) This endorsement, effective 7-15-2015 attaches to and forms a part of Policy Number FE1-ECC- 16512 -02 This endorsement changes the Policy Please read it carefully In consideration of an additional premium of Sagglid, the endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The General Aggregate Limit under LIMITS OF INSURANCE (SECTION 111) applies separately to each of your projects away from premises owned by or rented to you. CG 25 0311 85 Copyright, insurance Services Office, Inc 1954 Aquatechnex Inc Endorsement Number 18 Automatic Primary and Non - Contributory Insurance Endorsement Designated Work Or Project(s) This endorsement, effective 7-15 -2015 attaches to and forms a part of Policy Number FEI -ECC- 16512.02 This endorsement changes the Policy. Please read it carefully. SCHEDULE Name of Person or Organization: Any person(s) or organization(s) whom the No ed Insured agrees, in a written contract, to provide Primary and/or Non - contributory status of this insurance. However, this status exists only for the project specified in That contract. In consideration of an additional premium of SApatied and notwithstanding anything contained in this policy to the contrary, it is hereby agreed that this policy shall be considered primary to any similar insurance held by third parties in respect to work performed by you under any written contractual agreement with such third party. It is further agreed that any other insurance which the person(s) or organization(s) named in the schedule may have is excess and non- contributory to this insurance. Aquatechnex Inc Endorsement Number 6 Automatic Waiver of Subrogation Endorsement This endorsement, effective 7-15 -2015 attaches to and forms a part of Polley Number FEI•ECC- 16512 -02 This endorsement changes the Policy Please read it carefully ECC- 320 -0712 This cndoisement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILTIY COVERAGE PART SCHEDULE Name of Person or Organization: Any persons) or organization(s) to whom the Named Insured agrees, in a written contract, to provide a waiver of subrogation. However, this status exists only for the project specified in that contract. The Company waives any right of recovery it may have against the person or organization shown in the above Schedule because of payments the Company makes for injury or damage arising out of the insured `s work done under a contract with that person or organization. The waiver applies only to the person or organization in the above Schedule. Under no circumstances shall this endorsement act to extend the policy period, change the scope of coverage or increase the Aggregate Limits of Insurance shown in the Declarations. Aquatechnex Inc Endorsement Number 26 Additional insured — Owners, Lessees or Contractors — Completed Operations This endorsement. effective 7- 15-2015 attaches to and forms a part of Policy Number FEI-ECC-16512-02 This endorsement changes the Policy Please read it carefully In consideration of an additional premium of SApplied, this endorsement modifies insurance provided under the following: COMMERCIAL GEN a• LIABILITY COVERAGE PART SCHEDULE Name Of Addidenal Insured Person(s) Or Organization(s): Location And Description Of Compkted - Operations Any person(s) or organization(s) whom the Named Insured agrees, in a wntten contract, to:tante as an additional insured. However, this status exists only for the project specified in that contract Those project locations where this endorsement is required by contract information required to complete this Schedule. if not shown above. will be shown in the Dederations Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Scheduk, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your wortk" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard ". CG 20 37 07 04 40 150 Properties, Inc., 2004 Aquatechnex Inc Endorsement Number 5 Automatic Additional Insured -- Owners, Lessees or Contractors This endorsement, effective 715 -2015 attaches to and forms a part of Policy Number FEI- ECC- 16512 -02 This endorsement changes the Policy Please read it carefully ECC- 319 -0712 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to name as an additional insured. However, this status exists only for the project specified in that contract. The person or organization shown in this Schedule is included as an insured, but only with respect to that person's or organization's vicarious liability arising out of your ongoing operations performed for that insured. �ETURN TO: � y � EXT: 2 ?p ' CITY OF FEDER.AL WAY LAW DEPARTMENT ROUTING FORM 1. 2. ORIGINATING DEPT/DIV: PUBLIC WORKS / ✓��ACt �� M'�1V{t � c�K � ORIGINATING STAFF PERSON: ��*IV �� ' G EXT: �7�5 � 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE�: ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ� ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMTTED PUBLIC WORKS CONTRACT �PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS� ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACTAMENDMENT(AG#): ❑ INTERLACAL ❑ OTHER s. rRO.�� N.�E: �� canrr a,�--,� �L�� r��,4-�a�� 6. NAME OF ADDRESS: SIGNATURE N 0 ��, - IZ 7. EXHIBITS AND ATTACHMENTS: �l..SCOP , WORK OR SERVICES �COMPENSATION ❑ INSURANCE REQUIItEMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS �ROOF OF AUTHORTTY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE #� 1 OZ �.3 OuD GO BL, EXP. 12/31 / I Z- UBI #�� 2- �� Q� 33 , EXP. �/�/ / Z. 8. TERM: COMMENCEMENT DATE: COMPLETION DATE: �� C��3L� �✓ I, z D /� 9. TOTAL COMPENSATION: $ ' d I, �/ r'� (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TTTLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CiTY ❑ PURCHASING: PLEASECHARGETO:�II(� '�jU`V` '�,.5� - �� 2..-�1 ��71 � ��,�� b'� � ( ��7 �, lO. DOCUMENT / CONTRACT REVIEW � PROJECT MANAGER 6� DNISION MANAGER (,�1 �� DErv'rSr DmEECt'ott 1a+. � Dm�C'['oR ❑ RISK MANAGEMENT (IF APPLICABLE� � Lnw DErr 11. COUNCILAPPROVAL (IF APPLICABLE� �f�� !� I � '�� Fa,x: 1 j6� j �'71 -- INITIAL / DATE APPROVED � � �• �2. �CL /!• �/ COMMITTEE APPROVAL DATE: � COUNCIL APPROVAL DATE: NI 12 . CONTRACT SIGNATURE ROUTING /� � G� ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: ' t' 4�'I ��i DATE REC'D: ✓ 2 "" ❑ ATTACH: SIGNATUREAUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBTTS ❑ Lnw DE�r ❑ SIGNATORY (MAYOR OR DIRECTOR} �ITY CLERK �ASSIGNED AG # �''SIGNED COPY RETURNED I��ETURN ONE ORIGINAL COMMENTS: r-----�_ �� n u .,___�.. _ ,. INTTIAL / DATE SIGNED "''1 ' 1 AG# - DATE SENT: ��1� `IZ 11/9 � tl�'Y +D� CITY HALL �� ' �� 33325 8th Avenue So�ath Fed��f Way, VdA 98003-632� � (253) �3a-70Ci€� � sv��v cityotfsa'ere��y com PROFESSIONAL SERVICES AGREEMENT FOR AQUATIC PLANT & ALGAE MANAGEMENT This Professional Services Ageement ("Agreement"} is made between the City of Federal Way, a Washington municipal corporation ("City"), and AquaTechnex, LLC, a Washington corporation ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: AQUATECIiNEX, LLC: Terry McNabb, Manager P.O. Box 30824 Bellingham, WA 98228 (360) 52'7-1271 (360) 671-5349 CITY OF FEDERAL WAY: Dan Smith 33325 8�' Ave. S. Federal Way, WA 98003-6325 (253) 835-2756 (telephone) (253) 835-2709 (facsimile) .com The Parties agree as follows: 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue untit the completion of the Work, but in any event no later than December 3l, 2015 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. SERVICES. T'he Contractor shall perform the services more specifically described in Ex.hibit "A", attached hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately aceredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (34) days written notice at its address set forth above. T'he City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12; and such may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit "B", attached hereto and incorporated by this reference. T'he Contractor agees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s} for the Term. Except as otherwise provided in Exhibit "B", the Contractor shall be solely responsible for the payment of any taxes imposed� by any lawful jurisdiction as a result of the performance and payment of this Agreement. PROFESSIONAL SERVICES AGREEMENT - 1- 4/2011 � ��v r�� F�.'d+�r��l CITY HA�L �� 33325 8th Aven�ae South Federaf Way, WA 980Q3-6326 (253) 83�-?C300 €vy:nx utyo�f�ie�a3w�ay com 4.2 Method of Pa,�nt. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall aiso submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 43 Non-A�propriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscat period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INBEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigarion expenses to or by any and all persons or entities, including, without timitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. 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 Contractor and the City, the Contractor's liabiiity hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub-contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts ar programs. The Parties acknowledge that they have mutually negotiated this waiver. 53 Citv Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, parkners, employees, agents, representatives, and sub-contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solety caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. PROFESSIONAL SERVICES AGREEMENT - 2- 4/2011 r � � • � �1 wr� � +rnw a! CITY HALL �� 33325 8th Avenue South Federai 1Nay, WA 98003-6325 {2�3) 835-7DOt3 a�,��r �aty affsc�erat�v°ay.cam 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the fo}lowing insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $1,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; c. Automobile liability insurance covering all owned, non-owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. d. Professional liability insurance with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 6.2. No Limit of Liabilitv. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 63. Additional Insured, Verification. The City shall be named as additional insured on all commercial generaI liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit "C" and incorporated by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period ofthree (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which suf�iciently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shali be subject, at all reasonable times, to inspection, review or audit by the City, its PROFESSIONAL SERVICES AGREEMENT - 3- 4/2011 . � r ,�. ,r�.. rrr � +� s cir,r r�a�� 33325 8th Aven€�e Scsuth Federai Wa}+, NVA 98003-6325 {2a3} �3�-713C10 tvianv utyntfscf�raivr�y.com authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other taac which may arise as an incident of employment. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. T'he Contractor shall pay all income and other ta�ces due except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do sa I1. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 12. EOUAL OPPORTiTNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occuparional qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Shoutd any language in any E�►ibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Ageement that is consistent witl� the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. PROFESSIONAL SERVICES AGREEMENT - 4- 4/2011 . ,. � .. � � cin r�a�� 33325 8th Avenue South FederaE Way, 4VA 95003-6325 {2a3) 835-70a€} tv��w uhaft�derAdvrayc€�m 132 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Comnliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without timitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. 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 above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Ageement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon sh performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default dces not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court dces not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Ageement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. Al2 such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] PROFESSIONAL SER�JICES AGREEMENT - 5- 4/20l 1 . � � .k s GITY HALL �� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-�t500 www crtyotfederahvay com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ATTEST: ; . Skip Priest, ayor City Clerk, Carol Mc eilly, CM DATE: 5 "I S'' � AQUATECHNEX, LL By: Printed Name: � � �/� 10 "J Title: ��c�c�S�-- DATE: S� 7 ZUj Z STATE OF WASHINGTON ) ) ss. COUNTY OF ��-�"^ ) APPROVED AS TO FORM: ty Att , atricia A Ricl�ardson On this day personally appeared before me ��i�� cJ�� , to me known to be the Manr�,�� of ,Q�,�� -f'ee�� that executed the foregoing instrume t, and acknowledged the said�instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this "'��" day of , 20�Z Notary Public $hte of Washiegtoe KEVIN A BAKER AA1f COMMI3SIOP1 EXPIRES pebnaary 01, 2015 Notary's signature � Notary's printed name t.v�n Notary Public in and for the State of Washington. My commission expires �� d 1, 7-� �� PROFESSIONAL SERVICES AGREEMENT - 6- 4/2011 . .. ,. . +r � .r �r ClTY HALL '�� 33325 8th Avenue Soutl� • PO Box 9718 Federal Way, V\lA 98C?63-9718 (2�3) 835-74�D €vs�v ctdyc��ecieralsv�y.ccur� EXHIBIT "A" SERVICES The Contractor shall do or provide the following: For the tasks where individual costs for each lake has been requested, the "per task" cost is included in Table 1. For the tasks which are uniform for each lake (meetings, fish habitat installation, native plantings, etc), the costs are included with the description of the task. Task l. Initia! Svstematic Aauatic Plant Survev T'he Contractor shall perform the initia} systematic survey when directed during the early growing season when plant growth is such that proper identification is possible — typically in late May or early June. The Contractor must provide a notice to Surface Water Management (SWM) staff a minimum of two (2} full business days prior to conducting the survey. Notification may take the form of verbal, email or other written correspondence. This information is critical so that lake residents may be properly notified. SWM must acknowledge the notice and confirm the date before the Contractor may proceed withthe survey The survey shali include two parts: (1} a visual surface survey, and (2} a diver below-water inspection. Trained staff shall inspect all targeted water bodies from the surface first with an initial pass through the littoral zone noting the overall plant community (taking notes on key components), followed by a systematic survey of the plant community using transects which extend perpendicular from the shore at regular intervals (approximately 400 feet). Rake toss samples shall be taken at the 5, 10, 15, and 20 foot depth contours. A diver, or similarly equipped personnel, will swim into the azeas which are not easily accessed by the surface boat survey team. The diver will relay a11 information gathered to the staff on the mapping vessel for incorporation into the survey database and report. AII information will be entered into a GIS database (ArcView Geographic Information System project file for the targeted lakes) using Differential Global Positioning System (DGPS) receivers and data loggers (i.e. Trimble GeoXT). Aerial imagery and project files from ArcView will be uploaded. The location of the plants as a point, polygon or line and link species and density attributes to those features will be accurately recorded. This information will be processed into Trimble Pathfinder software to provide sub-meter accuracy of the data collected. Shape-files will be built and importet� directly into ArcView. Accurate plant location maps are then generated. The diver equipped vessel shall be mobilized to the targeted lake(s) in June. A team of trained aquatic biologists shall dive the lalce(s) and make necessary observations. An onboard mapping specialist will record findings and observations using the Trimble DGPS receiver. Key characteristics of the native plant community including species presence and overall abundance shall be noted and recorded. In-lake as well as shoreline species shall be observed (including submersed, floating-leaved, and emergent plant species). Special attention shall be made to the identification and location of noxious and/or rare, threatened, and endangered aquatic plant species. All collected information and data shall be taken to the mapping lab to build the necessary maps. A Letter Report, including plant location maps as described above, shall be submitted to Surface Water Management (SWM) staff within twenty-one (21) caIendar days following the completion of the survey. Information in the letter report shall include: • Aquatic plant types targeted for control and/or treatment; • Recommended control and/or treatment methods; • Locations and frequency for the recommended control and/or treatrnent methods; • Cost estimate for control ancUor treatment methods; and PROFESSIONAL SERVICES AGREEMENT - 7- 4/2011 � �ITY q� CITY HALL ,,,,,'� � � �� 33325 8th Avenue South • PO Bax 9718 �� "� �� Federal Way, !}�A 980&3-9718 (253} 835-70t� s�nsnv cit yr3fleder Aht �ry cr�rr� • Recommendations far introduction of native aquatic plantings (Task 10). The Contractor shatl charge an hourty rate of $150.00 for the diver team and DGPS support and vessel to perform the mapping tasks. Data collected for Eurasian milfoil points and polygons, native plant zone and density mapping and emergent (Purple Loosestrife, Yellow Iris and White Water Lily) mapping is estimated to take 6 to 8 hours on the water per lake (2-3 hours for Fisher's Pond). The lump sum for each year shall be billed at the hourly rate not to exceed 8 hours. The Contractor shall charge $75.00 per hour for mapping lab time, estimated at 3 hours (differential conection, ArcView Files and map creation). An additional $50.00 per hour shall be charged to develop the report, estimated to take 4 hours to cornplete. Task Z. Second Svstematic Aqnatic Plant Survev The Contractor shall perform the second survey when directed towards the end of the growing season (typically in September) or approximately three weeks after major control efforts are conducted. T'he survey methods and staff utilized for the second survey shall be identical to what was utiIized in the initial aquatic plant survey conducted earlier in the season. A Letter Report shall be generated from this second survey effort, and will be submitted to Surface Water Management (SWM) staff within twenty-one (21) calendar days following the completion of the survey. The cost for completing Task 2 will be identical to Task 1. Task 3. Bathvmetrv Mannin� T'he Contractor, in a partnership with Mapping Network, shall provide highly accurate and detailed bathymetry mapping when requested. To accomplish this task, Contractor shall utilize a bathymetry mapping vessel and link to a Trimble GPS data logger with sub-foot accuracy with a hydro acoustic depth sounding system with 0.2 foot accuracy. The system shall be set up to collect a GPS point and depth reading every two seconds as the boat is driven around the targeted lake. A pre- designed mapping protocol shall be followed with transects being made across the lake at approximately 20 foot intervals. A data point shall be collected every 2 seconds as the vessel travels the lake. T'he collected data shall be shipped to the Mapping Networks geographers for processing. ArcGIS software and other technolagies shall be used to develop extrernely accurate bathymetry maps and 3D models of the lake. Following the creation of the maps, a report shall be provided to SWM. Task 4. Apuatic Plant and Al�ae ManaQement General Permit Covera¢e All three targeted water bodies (Steel Lake, North Lake, and Fisher's Pond) are currently covered under the State of Washington Aquatic Plant and Algae NPDES General Permit. NPDES permit coverage annual renewals shall be facititated by the Contractor when authorized. Permit coverage renewals shall include all required documentation and reporting according to State of Washington Department of Ecology guidelines and requirements. Where the total treatment area for each Aquatic Plant and Algae NPDES General Permit-covered water body is equal to or greater than five (5) acres, a Discharge Management Plans (DMP} must be developed using the appropriate Department of Ecology template. Based upon the known aquatic plant management needs, it is anticipated that a DMP be developed for Steel Lake and North Lake. DMP development for Fisher's Pond shall be facilitated by the Contractor when authorized. Task 5. Aquatic Plant and Al�ae ManaQement Activities T`he Contractor will perform all aquatic plant and algae management efforts per applicable State of Washington Department of Ecology and Department of Fish and Wildlife rules and regulations. Fish timing guidelines and herbicide permitting requirements shall be followed. Recommendations for all aquatic plant and algae management efforts shall be submitted to SWM in the form of a Letter Report (see Task 1}. PROFESSIONAL SERVICES AGREEMENT - 8- 4/2011 . CITY A� � ��' GiTY HALL t�� 33325 8th Avenue South • Pd Box 9718 Federai Way, WA 98Ui3-9?18 (253} 835-74� bV�.A?L�! Clf��J2CJt?t £3IWc3}! C7}flJ The Contractor must provide a notice to SWM staff a minimum of two (2) full business days prior to conducting the survey. Notification may take the form of verbal, email or other written correspondence. Final aquatic plant and algae management decisions shall be reached and implemented in conjunction with SWM staff approval. A summary of each aquatic plant and algae management control technique is provided below. The costs associated with each aquatic plant and algae management technique is included in Table 2. A. Diver Hand Removal. Diver hand pulling shall include a SCUBA equipped diver in the water along with a support vessel on the water. It shall be determined whether or not the current milfoil population will require herbicide control or hand pulling (for less than 21 plants). The timing of this project shall be as soon as possible following the initial survey and after approval from SWM is authorized. The diver shall swim to each of the plants that were noted on the survey and carefully removed each plant, root, and crown root, and place the entire plant inside a dive bag with a mesh size small enough to eliminate the possibility of any fragments falling out. Any and all fragments created when the plant is removed shall be cleared out by the diver or by the support vessel with a hand net. The diver shall swim the immediate vicinity of the removed plant in an effort to locate any additional plants which may have started growing after the initial survey. Pricing for this activity shall be on an hourly basis of $150.00 per hour with a$300 mobilization fee to the work site. [Washington State L&I are currently reviewing the standards and procedures for this type of work and any changes in those requirements which resulted in a change in our costs would be reported to SWM as soon as they are known]. B. Manual Removal. This activity pertains to any manual removal methods where a SCUBA equipped diver is not utilized. Manual removal shall include physical removal of plants growing on the shoreline or in the water. The Contractor crew shall mobilize to the lake, launch a work vessel into the water, and travel to the beach side of the shoreline to minimize impact to the residents. HPA permitting may be required for this activity. Cost for this task shall be $150.00 per honr and a $300.00 mobilization fee. C. Bottom Barrier Installation. Bottom barrier installation shall utilize a sheet of material to cover up and shade plants with the goal of smothering them. 'The material choice can vary but the use of a burlap barrier will allow it to be left in place without the need to remove or relocate it. This material can be configured in many ways to conform to docks, but is fairly labor intensive in preparing the material for installation. T'he material will have to be sewn together with biodegradable twine and special burlap sandbags will have to be used as well to hold the barrier in place while in the water. The Contra.ctor team shall deploy to the lake (typically in a pontoon) with the material prepped for the most part and the burlap sandbags filled ahead of time. The divers shall roll the material out along the bottom of the lalce, placing pea gravel filled sandbags to hold the barrier in place. The divers shall start from shore and work their way into deeper water. This process shall be repeated until the entire specified area has been covered. Mobilization to the work site shall be charged at $400.00 plus an additional $2.00 per square foot of material installed. [Washington State L&I are currently reviewing the standards and procedures for this type of work and any changes in those requirements which resulted in a change in our costs would be reported to SWM as soon as they are known]. D. Bottom Barrier Maintenance. Bottom barrier material typically requires regular maintenance. The Contractor recommends that all barrier zones be inspected by a SCUBA equipped diver twice a year following installation until a point where the barrier has sufficiently degraded and/or disappeared. To perform this task, divers shall enter the water and swim all the barrier zones — noting all the areas which require either additional sandbags to be added or if actual repair of the barrier itself is warranted. Pricing for this activity shalI be on an hourly basis of $150.00 per hour with a $300 mobilization fee ta the work site. [Washington State L&I are currently reviewing the standards and procedures for this type of work and any changes in those requirements which resulted in a change in our costs would be reported to SWM as soon as they are known]. E. Diver Dredsin�. Diver dredging is a very labor-intensive control method which employs the use of divers in the water with suction dredging equipment to locate and remove plants. This method of control shall utilize two divers in the water to operate a suction dredge to remove plants from the water column. Divers shall be positioned below the water to operate the dredge while support staff is on the deck of the boat to operate the pumps and clear/unload plant material. All material shall be disposed of off-site. Timing for this method of removal shall be after the initial survey and before the plants have begun their cycle of autafragmentation. HPA permitting shall be required for this task. Estimated cost for PROFESSIONAL SERVICES AGREEMENT - 9- 4/2011 c�rr p� � ! ir��! �''�� CITY HALL 33325 8th Avenue South • PC7 Box 97'18 Fec3eral V11ay, V1tA 98063-9718 (253} 635-70t30 av��nv city�tlecfera#way.cr�m this project would be $3,000.00 per day. [This method of control is currently under review by the State's Labor and Industries board and it is unknown at this time if this will remain a viable/economic control methodJ. F. Water Lilv Island Removal. Following treatment water lily root masses can sometimes rise off the bottom becoming navigation hazards (islands). If water lily island removal is required and authorized by SWM, the Contractor shall investigate the need for and obtain the necessary permits. The costs for water lily island removal have been estimated in Table 2. G. Aquatic Herbicide Treatment. Aquatic herbicide treahnent costs depend upon the target plant species, and either a"cost per hour treated" or "cost per acre treated" basis. The following includes pricing for each target species. An additional mobilization fee for time and travel to the work site of $300.00 shall be added to eaeh treatment day. a. Eurasicmwater Milfoil. Two options are presented for the control of E�+rasiarTwater milfoil: a liquid formulation and a granular formulation. Both of these products are systemic herbicides which should result in the total death of all treated plants. Following proper notifications (see Task 7), the Contractor team shall utilize a 16-foot Lund to provide herbicide treahnents. The liquid formulation (Dow's DMA 4 IVM which is a 2,4-D based product) shall be injected below the water surface using weighted drop hoses. The granular product (Renovate Ma�cG: a combination time-release pellet with both 2,4-D amine and Triclopyr herbicides) shall be distributed using an eductor system to direct the pellets in and around the docks. Costs for pow DMA 4 IVM (2,4-D) shall be $325.00 per acre (variable depending on the depth of the treatment area). Costs for Renovate MaxG shall be$800.00 per acre. b. Fragrant Water Lily. Fragrant Water Lily is present in all three of the lakes incIuded under this RFP. This non- native plant crowds out native plant species but is fairly easy to control with the systemic herbicide Glyphosate. This is a liquid product which is mixed with a surfactant and sprayed onto the surface of the lily pads. Typically the applications can be made from a boat but in areas where the depth of the water is too shallow for a boat, the technician will utilize a backpack sprayer to reach and treat the target plants. The cost to apply glyphosate to the Fragrant Water Lily growth in the lake would be $125.00 per hour of treahnent (one hour minimum). c. Purple Loosestrife. All purple loosestrife plants (currently only known to be present in North Lake) shall be treated using the systemic, broadleaf-specific herbicide Renovate 3(active ingredient Triclopyr). The Contractor shall apply the herbicide from a boat when possible, but in areas where the depth of the water is too shallow for a boat, the Contractor may utilize a backpack sprayer to reach and treat the target plants. The cost to apply Renovate 3 herbicide to the Purple Loosestrife at the lakes shall be $150.00 per hour of treatment (one hour minimum). d. Yellow Flag Iris. The control of this plant species requires repeated application of systemic herbicides to kill the entire plant root and all. In areas where the plants can be sprayed from a boat, the Contractor shall utilize a small pond boat to navigate the shoreline and spray the plants. If water depths are too shallow, or plant locations are such where they are inaccessible by boat, the Contractor shall apply the herbicides directly to the plants using a backpack sprayer. The Contractor shall utilize a mixture of glyphosate herbicide and a surfactant to increase the uptake of the herbicide by the plant. The cost associated with this task shall be $125.00 per hour. e. Nuisance Aquatic Plant Control. The current NPDES permit allows for treatment of nuisance weed species with contact herbicides if the plants are impacting the beneficial uses of the lake (a certain percentage of the shoreline based on the total acreage of the lake). Following SWM approval, herbicide products will be applied from a boat to result in the death of a portion of the plant above the lake sediment (this leaves the root crown alive for the plant to regrow). Treatment using Diquat aquatic herbicide (liquid formulation) cost shall be $350.00 per acre (one acre minimum). H. Al�aecide Treatments. Treatments of algae hlooms on lakes are restricted to the use of non-copper based algaecides. Following approval from SWM, the Contractor shall obtain lake water samples and submit them to a laboratory for species identification and cell count. The analytical information shall be used by the Contractor to determine treatment acreage and treatment rates. The costs for algaecide treatments are widely variable due to the algae species detected and PROFESSIONAL SERVICES AGREEMENT - 10 - 4/2011 ci�rv o� � �� crrY r�,��L 1 � r�� 33325 8Eh Avenue South • PO Box 9718 �` � Federal Nlay, V�IA 98063-9?18 (253} 835-70W av�vtv c�dyt>flecier aiaa�y. cc�n3 their concentration. Therefore, in the event of an algae bloom, the Contractor shall obtain authorization to sample from SWM, and will provide quotes for algaecide treatment on a case-by-case basis. Task 6. Final Aquatic Plant-Al�ae Re�►ort The Contractor will provide SWM a detailed aquatic plant management end of the year report no later than December l� of each calendar year for each targeted lake. The reports will summarize: all aquatic plant management activity, descriptions of equipment, methods and procedures, estimated acreages of all work completed, and assessments of the controUtreatment effectiveness. The Contractor shall create detailed maps regarding the locations and densities of the plant community, basic sediment analysis, general lake characteristics, and the locations of any and all in-lake control efforts. The Contractor will provide in the final report all other documents including copies of distributed notices, the current permit, and treatment application records. See Table 1 for the breakdown of all costs related to this Task. Task 7. Notification and Postin� Requirements The Contractor shall perform all required notification procedures per the State of Washington NPDES Aquatic Plant and Algae Management General Permit. This shall include the distribution of a Business and Residential Notice 10-42 days prior to any treatments taking place for the season (performed once per season) and the shoreline, launch, and beach notices which shall be posted on the day of treatment (performed for each treatment date). Pre-treatment public notification shall be performed at a cost of $350.00. Each year this notification shall include the dates and data for the first milfoil treahnent, any planned noxious emergent vegetation treatment, any nuisance weed treatment, and the follow-up treatment schedule. (This will remove the need to perform multiple notifications and is allowed under the NPDES permit). Each treatrnent performed during the year requires posting. The Contractor shall provide posting on the day of treatment for a lump sum of $150.00 (covers labor and sign printing costs). Each treatment performed during the year requires posting. See Table 1 for the breakdown of all costs related to this Task. Task 8. Meetings Contractor representatives shall be available to attend meetings with SWM staff, City staff or Lake Management District Advisory Committees as needed. Staff travel and presentation time shall be billed at $75.00 per hour. A mileage rate of $0.40 per mile will be charged (at 100 miles round trip. Two to three hours for preparation, travel and time with the committee each year is estimated. The lump sum would not exceed $265.00. See Table 1 for the breakdown of all costs related to this Task. Task 9. Fish Habitat Structure Installation Various options are available concerning fish habitat structures and their installation. Further, the cost will also be dependent on the scale of the installation. Contractor installed fish habitat structures shall require authorization SWM following the submittal and approval of guotes on a case-by-case basis. The Contractar shall add time, travel, and preparation to the cost of installation (estimated at $800.00). The Contractor shall record all fish habitat structures installation locations into the GIS database to be submitted to SWM. Task 10. Native PlantinQs SWM has indicated that reintroduction of native plants into the targeted lakes may be possible aquatic plant management goal for the future. Given that the cost associated with this task is highly variable depending on the location of the plantings and what species are being introduced, The Contractor shall conduct planting activities at a cost of $150.00 per hour plus the cost of obtaining the plantings (to be pre-approved in writing by SWM). The Contractor shall add an additional $200.00 mobilization fee to any planting activities. PROFESSIONAL SERVICES AGREEMENT - 11 - 4/2011 CITY qiF � �� CITY HALL �� 33325 8Eh Avenue South • PC7 Box 9718 Federal �Nay, WA 98i�63-9718 (Zv3) 835-70U0 w�v�v cit}n�;Cedeet�lw�ray c�rr� EXHIBIT "B" COMPENSATION I. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed One hundred nine thousand nine hundred fourteen and 00/100 Dollars ($109,914.00) TOTAL COMPENSATION FOR FOUR (4) YEARS See Attached Table PROFESSIONAL SERVICES AGREEMENT - l2 - 4/2011 � CITY q� F�t�e��l 1�l'�y� TOTAL COMPENSATION FOR FOUR YEAR8 (201212013/2014/2015) CITY HALI 33325 8th Avenue St�wth • FO Box 971$ Federa[ Vtt�y. WA 98C}63-9T18 (253} 835-7t}00 sitivw.cityotfederetav�x�3! cnrn Task Unit Cost Task 1- Initial Aquatic Survey Cost: $150.00 per hour. Report/Map generation: $75.00 per hour. Plant Survey Task 2- Second Aquatic Surve Cost: $150.00 er hour. Re ort/Ma Plant Survey y P P p generation: $75.00 per hour. Task 3- Bathymetry No per unit cost is available for this task. Maps Task 4- Permit permit renewal fees are required annually; cost is variable from year to year. One time Coverage DMP fees for Steel and North: $75.00 per hour. Maintenance/DMP Task S— Diver Hand $150.00 per hour Removal Mobilization: $300.00 Task 5— Manual $150.00 per hour Removal Mobilization: $300.00 Task 5— Aquatic Annual aquatic herbicide treatment costs depend upon the target plant species, and Herbicide Treatments either a"cost per hour treated" or "cost per acre treated" basis. Task 6- Final Year End Annual reports. $75.00 per hour Report Task 7- Notification Seasonal notification requirements. B&R Notice: $350.00. Shoreline Notices: $150.00 Task 8- Meetings $265.00 per meeting Task 9— Fish Habitat Cost Per Installation: $1,400.00 Installation Task 10 — Native $� 50.00 per hour. 4 - Year Costs Steel Lake North Lake $6, 800.00 $6, 800.00 $6,800.00 $6,800.00 0 $3,800.00 Fisher's 4Year Totals Pond $3, 960. 00 $17, 560. 00 $3,960.00 $17,560.00 0 $3,800.00 $6,900.00 $3,920.00 $980.00 $2,580.00 $2,580.00 $1,760.00 $1,960.00 $1,960.00 0 $490.00 $490.00 0 $16,520.00 � $16,520.00 � $4,000.00 � $37,040.00 $1,972.00 $2,625.00 $1,160.00 $1,400.00 $1,972.00 $2,625.00 $1,160.00 0 $1,960.00 $1,960.00 0 0 $5,904.00 $7,210.00 $2,320.00 $1,400.00 Plantings Mobilization $300.00 $5,300.00 Variable rhaterial cost TOTALS PER LAKE $47,607.00 Costs reflect expected tasks by individual lake, per descriptions provided in Exhibit A Fisher's Pond aquatic plant managemenf work my not extend to for years. 0 Q $5,300.00 $44,707.00 $17,600.00 GRAND $109,914.00 TOTAL PROFESSIONAL SERVICES AGREEMENT - 13 - 4/2011 �`�� OP ID: ST ACORO' DATE (MMIDDIYYYY) �.,,,- CERTIFICATE OF LIABILITY INSURANCE 05/10/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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 endorsementls). PRODUCER 360-647-9000 The Unity Group - Bellingham 110 Unity Street, P.O. Box X 3 Bellingham, WA 98227 Select Account Unit INSURED wquatecnnex, ��c PO BOX 30824 Bellingham, WA 98228 cusTOMEri i� a: AQUAT-1 INSURER(8) AFFORDING COVERAGE �NSUReR n: Endurance American Specialt! �r,suReR e: The Travelers Companies, Inc INSURER C : INSURER D : INSURER E : NAIC 1k COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 7ypE OF INSURANCE POLICY EFF POLICY EXP �� LTR POLICY NUMBER MMIDD MMIDD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ ��OOO�OO A X COMMERCIAL GENERAL LIABILITY X ECC10101072901 � 07/15/11 07/15H2 pREMISES Ea occurrence $ 50 �� CLAIMSMADE � OCCUR MED EXP (My one person) $ S,OO PERSONAL 8 ADV INJURY $ �,OOO,OO GENERALAGGREGATE $ Z,OOO,OO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ Z�OOO�O X POLICY PRa �oc Deduct s r J�O AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ �,OOO,OO (Ea accident) B X ANY AUTO BA3899R30A17 SEL 09/12/11 O8/12/12 �DILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per acddeM) $ SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS (Per axident) NON-0WNED AUTOS $ $ UMBRELLALWB p�CUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE S RETENTION $ 3 WORKERS COMPENSATION � V1� STATU- X OTH- AND EMPLOYERS' LIABIIITY T�RY LI T ER A ANY PROPRIETOR/PARTNER/EXECUTIVE Y � N ECC70101072901 07/15/11 07N5/12 E.L. EACH ACCIDENT $ � r��r�� OFFICERIMEMBER EXCLUDED? ❑ N / A (Mandatory in NH) WA STATE STOP GAP E.L. DISEASE - EA EMPLOYE $ �,OOO,OO If yes, describe under DESCRIPTION OF OPERATIONS below - E.L. DISEASE - POLICY LIMIT $ �,OOO, q Pollution ECC10101072901 07/15/11 07/15/12 Ea. Claim 1,000,0 p Professional ECC70101072901 07/15/11 07/15/12 Aggregate 2,000, DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 701, Additlonal Remarks Schedule, if more apace ia required) Certificate holder is additional insured as per blanket additional insured form CG 20 37 07 04. Cidty of Federal Way P O Box 9718 Federal Way, WA 88063 CITY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISION3. AUTHORIZED REPRESENTATIVE � �� O 1888-2009 ACORD CORPORATION. All rights rsserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD �Ill'�UCaIICe Aquatechnex Inc Endorsement Number: 24 Additional Insured — Owners, Lessees or Contractors — Completed Operations This endursement, effective 7l15!2011 attaches to and forms a part of Policy Number ECC 101010729-01. This endorsement changes the Policy. Please read it carefully. In consideration of an additional premium of A lied tlus endorsement modif'ies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liabiliry for "bodily injury" or "property damage" caused, in whole or in part, by °your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". CG 20 37 07 04 O ISO Properties, lnc., 2004 Business Licensing Service:License Query Search • contact us • Forms • About us • Home • Start your business • Change or u�date your business information • How to renew vour license Search Business Uoenses License Information: Entity Name: AQUATECHNEX I, INC. Business Name AQUATECHNEX, INC. License Type: washington State Business Entitv Tvoe• UBI: 602045416 Business ID:001 Location ID:0001 Statps: To check the status of this business, go to Deoartment of Revenue. Location Address: 2900 29TH AVE STE E-1 TUMWATER, WA, 98512 Registered Trade Names: AQUATECHNEX,INC. Governina Peoole: TERENCE M MC NABB Mailing Address: 2900 29TH AVE STE E-1 TUMWATER, WA, 98512 Status Active Expires N/A Information Current as of 04/16/2012 5:41AM Pacific Time New Search This site is limited to searching for business licenses issued through the Washington State Business Licensing Service. • Contact us • Forms • About us • Priva �OZ011 Washin ton State Department of Revenue and its licensors. All rights reserved. http://bls.dor.wa.gov/LicenseSearch/1qsLicenseDetail.aspx?RefID= FirSt Issued 08/21/2000 Page 1 of 1 4/16/2012