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HomeMy WebLinkAbout20-010 - Olympic Environmental Resources - 2020 Recycling Collection EventCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: CONTRACT FOR SERVICES 20-010 Council Approval N/A This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter optional municipal code city hereinafter referred to as "the City," and Olympic Environmental Resources, hereinafter referred to as "the Contractor," whose principal office is located at Seattle, WA. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $19,226.36 at a rate of $70 per hour. 3. Contractor Budget. 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. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2020, and ending December 31, 2020, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. CA Revised 2012 Page 1 of 4 6. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. 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, its officers, officials, employees, and volunteers, the Contractor'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 for the 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. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for 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 limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability 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 (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products -completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an 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 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA Revised 1-2013 Page 2 of 4 B. Other Insurance Provision. The Contractor's 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 shall be excess of the Contractor's insurance and shall not contribute with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. 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. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain 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, offset against funds due the Contractor from the City. 8. Record Keeping and Reporting. 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 any 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 office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) 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 Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, 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 or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. CA Revised 1-2013 Page 3 of 4 12. Assignment and Subcontract. 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 addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this Ir day of CADruo1/4.,rj , 20 70. CITY OF TUKWILA 4 Jay Wit wer, Fire Chief CONTRACTOR: Olympic Environmental Resources By: Printed Name and Title: Paul M. Devine, General Manager Address: 4715 SW Walker Street Seattle, WA 98116 CA Revised 1-2013 Page 4 of 4 Attachment A CITY OF TUKWILA OLYMPIC ENVIRONMENTAL RESOURCES 2020 SCOPE OF WORK AND BUDGET Task I: Tukwila 2020 Recycling Collection Event 1) Project Title 2020 Tukwila Recycling Collection Event 2) Project Schedule Planning and Implementation: January 1 - December 31, 2020 Event Date: Spring, 2020 Hours: 9 AM to 3 PM 3) Event Location: Foster High School/Showalter Middle School parking lot or other location in Tukwila 4) Project Coordinator Paul Devine General Manager Olympic Environmental Resources 4715 SW Walker Street Seattle, WA 98116 Phone: (206) 938-8262 Email — PaulDevine@MSN.com 5) Project Activities A) Olympic Environmental Resources (OER) will organize a Citywide Recycling Collection Event in the City of Tukwila. OER will make all arrangements and enter into subcontracts with material collectors and recyclers for recycling of collected materials. At this event the following materials will be collected and recycled: • Tires (6 per load -no rims, no heavy truck or back hoe tires) + • Lead Acid Batteries • Household Batteries • Bulky Yard Waste • Scrap Wood • Appliances (Contractors will charge participants for refrigerator, freezers, and hot water heaters for proper processing and recycling)+ • Ferrous Metals • Nonferrous Metals • Electronic Equipment • Computer Equipment • Used Textiles • Reusable Household Goods • Cardboard • Porcelain Toilets and Sinks+ • Propane Tanks+ • Mattresses+ • TV Sets* • Computer Monitors* • Paper Shredding Other materials if possible +User fees apply *TV set and computer monitor collection will be paid for by the Washington Materials Management & Financing Authority. B) The following educational materials will be distributed: • Information on City of Tukwila waste reduction and recycling programs. • Information on Local Hazardous Waste Management Plan programs. • Other available information on waste reduction and recycling. 6) Event Participants A) This event is intended for the residents of Tukwila, but will be open to King County residents and will be coordinated with county -sponsored events to avoid overlap of service. B) No flatbeds or dump trucks allowed. Oversized, commercial, or contaminated loads may be refused. Promotion A) Event promotion will be accomplished in the following ways: 1) Developing and distributing promotional flyers to City residents via the US mail. The flyer will be printed on recycled paper. 2) Posting notices at Tukwila City Hall and on the City website and cable channel (if available). 3) Publicizing the event in the City newsletter if scheduling and space permits, by press releases to the local papers, and by King County Solid Waste Division Promotional Activities. 8) Project Evaluation 2 OER will provide the following information to the City within thirty days of the event: A) The number of participating vehicles at the entrance to the events B) The volume of each material collected and diverted from the waste stream in the appropriate unit C) Actual event cost by budget category 2020 Project Costs Funding Sources A) King County Health Department Grant B) King County Solid Waste Division Grant C) WA State Dept. of Ecology Grant TOTAL BUDGET $11,585.36 $ 3,700.00 $ 3,941.00 $19,226.36 Items Estimated Cost - $ Scrap Metal Recycling $1,200.00 Tire Recycling $700.00 Battery Recycling $450.00 Paper Shredding $650.00 Bulky Wood - collected by City Hauler $0.00 Event Supplies* $250.00 Rentals" $800.00 Lunch $75.00 Mileage $165.00 Flyer- priding and sorting $1,000.00 Flyer- postage $2,000.00 Event Management: Olympic Environmental Resources*** $9,461.36 Event Staff: Olympic Environmental Resources $2,475.00 TOTAL**** $19,226.36 *This includes such items as gloves, safety equipment, etc. **This includes the rental of such items as backhoes, portable toilet, tent tarps, barricades, cones, and safety equipment. ***The cost of professional services consists of staff time for planning, publicizing, organizing, staffing, and preparing final event reports. ****Subject to City approval, OER may transfer funds unused in one category to overruns in a second category. 3 Attachment B The budget for the 2020 Tukwila Recycling Collection Event is $19,226.36. The total amount payable to Olympic Environmental Resources (OER) shall not exceed $19,226.36. The project budget will incorporate funds available from the Seattle -King County Health Department, the King County Solid Waste Division, the WA State Department of Ecology, and the City of Tukwila. OER will cover all event expenses as they arise, such as the costs for printing, postage, and vendor services. OER will request reimbursement for staff time and expenses on a monthly basis with thirty -day payment terms. OER project management time will be billed at $70 per hour and event staff time will be billed at $55 per hour. OER will assist the City in requesting reimbursement for event costs from the King County Solid Waste Division, the Seattle -King County Health Department, and the WA State Department of Ecology. OER staff may work with Waste Management to combine efforts to carry out the Tukwila Spring Recycling Collection Event (RCE) in May of 2020 at Foster High School or other City location. Waste Management is contractually obligated to provide the City of Tukwila with services for RCEs. Waste Management will provide collection of the following materials at one or more Tukwila RCEs: Appliances Scrap Metal Cardboard Bulky Wood Household Goods Electronic equipment Some Bulky Furniture unless these items are collected by Seattle Goodwill or Northwest Center. Total Reclaim may collect CFC appliances for a user fee. E-Waste, Inc, Uptekk, Inc„ or another vendor may also collect computers, monitors, and TV sets and seek reimbursement for the collection, transport, and processing of the items from the Washington Materials Management & Financing Authority. The City of Tukwila, Waste Management, and OER will leave open the possibility of doing a similar event in the fall of 2020 if the project budget permits. Recycling Collection Event programs continue on an annual basis. OER will continue to provide service to the City of Tukwila until the City decides to no longer participate. We ask that the City provide thirty -days (30) notice to discontinue services. 4