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HomeMy WebLinkAbout26-032 - Bio Clean, Inc - Encampment Cleanup and Debris RemovalL "Ifty of Tukwila ot 6200 Southcent,er 16oullevard1, TulkWla WA 98188 /,"g Contract Number: 26-032 Council Approval N/A This, Agreement is entered into by and between the City of Tukwila, Washington, a nonI-charter optional municipal code city hereinafter referred to as, "the City," and. Big Clean, Ine., hereinafter referred to as "the Contractor," whose principal office is located at 4801 56th P��gy �ftle , WA 98270 911 [its 1614:2 1161611: ky'LZI1111--ing 'I IL-Jaz):4 -1z] I i III givil TY xt". I I q �! 1-11 1 19 17-3 17-M47=111iEl!"! 1!1101i� 17I ?. m ZIA1,11.1 IN CONSIDERATION OF the mutual benefits, and conditions hereilnafter contained, the parfies, hereto agree as, follows: 4917i M-1 11M, 1 -nil 3. Contractor Rud-aO. The Contractor shall apply the funds received under this, Agreement within the maximum, limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires, to amend its budget in any way., 4. Duran og of Agreement. This Agreement shall be in, full force and effect for a period commencing January 22 , 2026 , and ending IFebruant 28, 2026, unless sooner terminated under the provisions, hereiin,af ter specified. I W-Mrowl I V1121VIOSTUNIS, 9,117-K6 Met V V. CA Revised May 2020 Page I off Should a court of competent jurisdiction determine that this Agreement is subject to IAC" 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 Public Entity, its officers, officials, employees, and volunteers, the Contralctor's, liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided, herein constitutes, the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely forthe purposes, of this indemnification. This waiver has been!, mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement,. 7. Immem. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claimsfor injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such Insurance, or otherwise firnit the City's recourse to any remedy available at law or in equity. A, Jillnimurn Scope of Insurance. Contractor shall obtain insurance of'thei types and with, the limits described below: 11. Automobile 1-JaVility insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non -owned', hired and leased vehicles. Coverage shall be written, on Insurance Services Office (180) form CA 00 01 or a substitute form, providing equivalent liability coverage. If i necessary, the policy shall be endorsed to provide contractual liability coverage,. 2. Commercial General Liability, insurance with: limits no less than $,2,0001,0001 each occurrence, $2,000,000 general aggregate and $2,0100,000 products- com plete'd operations aggregate limit. Commercial General Liability, insurance shall be as least at broad as ISO occurrence form: CG 010, 01 and shall cover liability arising from premises, operations, independent contractors, produicts-completed operations, stop gap, liability, personiail injury and advertising injury, and liability assumed under an insured contract, The Commercial General Liability insurance shall be endorsed to provide a per project g!enerali aggregate limit using ISO form CGI 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall: be named as an additional: insured under the Contractor's Commercial General: Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 010 10 01 and Additional Insured-Complieted Operations endorsement CG 20 37 10 01:1 or, substitute endorsernents, providing at least as broad coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance llaws of the State of Washington, B. Public Entity Full Avallabillity of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be: insured for the full available limits of Commercial General' and Excess or Umbrella liabilityl mantained by the Contractor, irrespective of whether such limits maintainedbythe Contractor are greater than those required byth!is Contract or whether any certificate of insurance, furnished to the Pubilic Entity evidences Iimlts of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Contractors Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with, respect to the City. Any insurance, self-insurance„ or insurance pool coverage maintained by the City shaalll be excess of, the Contractor's insurance and shall not contribute with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with: a currentAM, Best rating of not less than A: Vill. CA Revised May 20r2o Page 2 of 4 E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to, the additional! insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon, request by the City, the Contractor shall furnish, certified, copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. K Subcontractors. The Contractor shall cause each and every Subcontractor to, provide insurance coverage that complies, with all applicable requirements of the Contractor -provided insurance, as set forth herein, except the Contractor shall have sole responsibility for determ in ing the l�im its of coverage required to be obtained by Subcontractors, The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as bir,oaidl as, ISO CG 201 1!0 101 01 for ongoing operations and CG 20 37 10 01 for completed operations. G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written inotice of any policy cancellation, within two: business: days of their receipt of such notice. H. Failure to Mainitain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the, City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with, any sums so expended to be repaid to the City on demand,, or at the sole discretion of the City, , off set against fund's due the Contractor from the City. ul. , 0,411 A. The Contractor shall maintain accounts and records, including personnel',, property, financial and programmatic records, which sufficiently and properly reflect, all direct and indirect costs of airy nature expended and services performed in the performance of this Agreement and other such records as may, be deemed necessary by the City to ensure the performance of this Agreement. B., These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them, is granted by the officeof the archivist in, accordancewith RCW Chapter 40.14 and by the City., I J. 6lidIN glid InsRectiodocuments w ns. The records and documenith respect to all matters covered' by this I Agreement shall be subject at aalll times to inspection, reviewor audit by law during, the performance of this Agreement. 10. Jjj[Mjjjjdjqp. This Agreement may at any time be terminated by the City giving to the Contractor thirty (3,0) days written notice of the City's intention to terminate the same, Failure to provide products on schedule may result in contract termination, If the Contractors insurance coverage is canceled for, any reason, the City shall have the right to, terminate this Agreement Immediately. 111. Discrimi inalgni Pr2hl!2,11jed. The Consultant, with regard to the work performed by it under this Agreernent, will! not discriminate on: the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or f ederal law, in the sellection and retention of employees or procurement of materials or supplies,. The Contractor shall not assign or subcontract any portion of the services contemplated by this, Agreement without the written consent of the City. 13. Entire Agreement; Modification'. This Agreement, together with attachments or addendlia, represents the entire and integrated Agreement between the City and the Contractor and supersedes all! prior negotiations, repiresenitations, or agreements written or oral. No arnendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. CA Revised May 2020 Page 3 of'4a It Clerk, City of Tukw�ila 6200 SOUthcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to, the address provided by the Contractor upon the signature flne blelow. 116. This Agreement shall ble igov,emed by and construed in ,accordance with the laws of the State of Washington. In the event any suit, arbitration, or other, procee ding i's instituted to enforce any term of this Agreement,, the part�ies specifically understand and agree that venue shall be property laid in King County, Washington. The prevailing party in any such act�ibn shall be entitled to its attorney's fees and costs of suit. DATED this 26th day of 2026 CITY OF TUKWILA CONTRACTOR I M Public Woirks Director ESigned by - Andy, Youn-Barneft, City Clerk F13=1 Signed by - E -452""" .......... - - - - — ....- -- - - ------ -- - --- - ----------------- - -------------- Office of the City Attorney PrintedNarne- /-1J(1(,)L'v-) .. Title: ............... . ........... . ....... . .. CA Revised May 2020, 1 Page, 4 of4 State of Washington Department of Labor & Industries Washington State Prevailing Wage Contractor to pay Prevailing Wages: Contractor shall pay the prevailing rate of wages to all workers, laborers, or mechanics employed in the performance of any part of the Work in accordance with RCW 39.12 and the rules and regulations of the Department of Labor and Industries. The schedule of prevailing wage rates for the locality or localities of the Work, is determined by the Industrial Statistician of the Department of Labor and Industries. It is the Contractor's responsibility to verify the applicable prevailing wage rate. Phone Number: Prevailing Wage Section - (855) 545-8163 Mailing Address: Department of Labor and Industries 7273 Linderson Way SW, Tumwater, WA 98501 Web Site: https://secure.Ini.wa. og v/waizelookup/ Bio Clean Inc 4801 56th PI Marysville WA 98270 USA BILL TO Joshua Hopkins DESCRIPTION SHIP TO Joshua Hopkins 15901 West Valley Highway Tukwila Washington 98188 United States Encampment Cleaning Biohazardous scene normalization call -out, labor pricing includes containment of bio - hazardous waste, transient debris, or any litter that poses health and safety risk, removal of contaminated contents, proper disposal, administrative fees, and photo documentation. EXCLUDES: Old tractor sitting in area. Client will be provided another estimate for haul out of this item. ESTIMATE DATE EXPIRATION ESTIMATE # 1/23/2026 575 QTY RATE AMOUNT 1.00 6,000.00 6,000.00 SUBTOTAL DISCOUNT TAX TOTALUSD 618.00 6,618.00