HomeMy WebLinkAbout21-113 - Epicenter Services, LLC - Technical Assistance: Solid Waste Collection Contract ProcurementCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number: 21-113(a)
Council Approval N/A
CONTRACT FOR SERVICES
Amendment #1
Between the City of Tukwila and Epicenter Services
That portion of Contract No. 21-113 between the City of Tukwila and Epicenter Services is
hereby amended as follows:
Section 2: Scope of Services
See Exhibit A.
Section 4: Payment
New total not to exceed $39,500.
All other provisions of the contract shall remain in full force and effect.
Dated this 12th day of September
CITY OF TUKWILA
asgraavia Seam,a Doc=com
CLa.�e 6AYjwicg
HP
Ke}: SULlet.1.20tleO,U1,11,e,Ile,0101,,
, 2022
CONTRACTOR
Allan Ekberg, Mayor 09/12/2022 Printe
liv1C:�f
ATTEST/AUTHENTICATED APPROVED AS TO FORM
Cha (Ax -1
Christy O'Flaherty, MMC, City Clerk Office of the City Attorney
CA Reviewed May 2020
Page 1 of 1
AMENDMENT#1 - EXHIBITA
SCOPE OF WORK AND BUDGET
Services
Task 4: Additional Work—Council Process: Attend September 12, 2022 Council
meeting in person (Jeff Brown in person, Jeanette Jurgensen virtually),
provide presentation and address Councilmember questions as needed.
Prepare/provide additional support as needed, including a "FAQ -style"
informational sheet addressing prior questions from Council, meetings
with staff, reviewing proposer e-mails/materials provided to Council, and
other activities as needed.
Timeline: Task to be completed by September 30, 2022
Budget: Task Budget — $3,500 flat fee
Total Additional Budget
Fixed Fee Item:
Task 4: Additional Work — Council Process: $3,500.00
Total: 3,500.00
Excluded Tasks
Qualitative review and scoring of the proposals is not included in this scope of work. In
the event of litigation, the City and Consultant will determine the Consultant's role in
the proceedings and determine a separate scope and budget based on the emerging
situation.
Billing
All tasks (including on-call services) not to exceed $36,000 $39,500. All travel and
incidental costs are included in both flat rate tasks. Each task may be billed upon
completion or all tasks may be billed at one time upon conclusion of the project, at the
consultant's option.
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number: 21-113
Council Approval N/A
PROFESSIONAL SERVICES AGREEMENT
(Includes consultants, architects, engineers, accountants, and other professional services)
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and Epicenter Services, LLC, hereinafter referred to as "the Consultant", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform technical assistance
for the competitive contract process in connection with the project titled Solid Waste Contract
Procurement.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending November 1, 2023, unless
sooner terminated under the provisions hereinafter specified. Work under this Agreement
shall commence upon written notice by the City to the Consultant to proceed. The
Consultant shall perform all services and provide all work product required pursuant to this
Agreement no later than November 1, 2023 unless an extension of such time is granted in
writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"A" attached hereto, provided that the total amount of payment to the Consultant shall
not exceed $36,000.00 without express written modification of the Agreement signed by
• the City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be
made to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will
be made promptly upon its ascertainment and verification by the City after the
completion of the work under this Agreement and its acceptance by the City.
D. Payment as provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary
to complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omissions of the Consultant in 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 Consultant
and the City, its officers, officials, employees, and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the
Consultant'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.
8. Insurance. The Consultant 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 Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant 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 Amounts and Scope of Insurance. Consultant 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 $2,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall
cover liability arising from premises, operations, stop -gap independent contractors
and personal injury and advertising injury. The City shall be named as an
additional insured under the Consultant's Commercial General Liability insurance
policy with respect to the work performed for the City using an additional insured
endorsement at least as broad as ISO endorsement form CG 20 26.
CA revised May 2020
Page 2
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
B. Public Entity Full Availability 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 liability
maintained by the Contractor, irrespective of whether such limits maintained by the
Contractor are greater than those required by this Contract or whether any certificate of
insurance furnished to the Public Entity evidences limits of liability lower than those
maintained by the Contractor.
C. Other Insurance Provision. The Consultant'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 Consultant's
insurance and shall not be contributed or combined with it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
E. Verification of Coverage. Consultant 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 Consultant shall
furnish certified copies of all required insurance policies, including endorsements,
required in this Agreement and evidence of all subcontractors' coverage.
F. Notice of Cancellation. The Consultant shall provide the City 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 Consultant 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 Consultant 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 Consultant from the City.
9. Independent Contractor. The Consultant and the City agree that the Consultant 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 the Consultant nor any employee of the
Consultant 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 for contributing to the state
industrial insurance program, otherwise assuming the duties of an employer with respect to
the Consultant, or any employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract. For breach or violation of this
warrant, the City shall have the right to annul this contract without liability, or in its discretion
to deduct from the contract price or consideration, or otherwise recover, the full amount of
such fee, commission, percentage, brokerage fee, gift, or contingent fee.
CA revised May 2020
Page 3
11. Discrimination Prohibited. Contractor, 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,
the presence of any disability, or any other protected class status under state or federal law,
in the selection and retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, if the City so chooses.
15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. 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. Venue for any action
arising from or related to this Agreement shall be exclusively in King County Superior Court.
16. 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.
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
Jeff Brown
Epicenter Services, LLC
1801 I Street #1
Bellingham, WA 98225
18. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant 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.
CA revised May 2020
Page 4
HP
DATED this 3rd day of August
CITY OF TUKWILA CONSULTANT
C7/(Lezz 6A-Ge/cg
Allan Ekberg, Mayor
08/03/2021
By:
,20 21
Printed Name: -J e f--A-01-
Title: 1?C
`-0""
Title:C ) tAC t pa` 1
AttestlAuthenticated: Approved as to Form:
Key: ,1,1,,,e0e1D5,11D3fUtcUScIfOcJ,Seb, of
City Clerk, Christy O'Flaherty Office of the City Attorney
CA revised May 2020
Page 5
EXHIBIT A
SCOPE OF WORK AND BUDGET
Services
Task 1: Preparatory Work and Draft Document Set: Provide technical assistance
to prepare initial groundwork for the competitive process for the City's
new solid waste collection contract. Task will include working with staff
to confirm the framework for a fair and transparent competitive process,
reviewing existing hauler collection data, reviewing the status of
annexation franchises to determine the service area eligible for
procurement, and other preparatory work related to the process.
The Consultant shall develop a draft contract for the City's next solid
waste collection agreement using Consultant's current generation of
collection contract templates that include updated labor disruption,
inclement weather, customer service, range of recyclables, administrative
fee, market risk sharing and other elements. Prepare an initial draft
request -for -proposals (RFP) document for internal review, including a
review of supporting data available such as customer counts and
tonnages. Review the draft document set with the City to tailor to meet
City needs. Prepare a successive draft incorporating City comments for
City Attorney review. Then, incorporate all internal and legal comments
into an industry review version of the RFP and contract to be released to
prospective proponents. Industry comments will then be collated and
then incorporated into the final RFP and contract, as appropriate. The
final version will then be provided to the City for formal release.
Deliverables: Coordination with staff to finalize the process as needed
and four successive versions of the RFP documents: (1) the initial staff
review set of RFP documents; (2) the legal review set of RFP documents;
(3) an industry review set of RFP documents; and (4) a final release
version of the RFP. All documents will be provided in MS Word and Excel
versions. Attendance at up to one Council meeting is included in this
Task.
Timeline: Task to be completed by November 30, 2022
Budget: Task Budget — $15,000 flat fee
Task 2: Procurement Process: The Consultant shall prepare responses to
proponent questions and prepare any other addenda needed during the
time the RFP is "on the street." Once proposals are received, Consultant
1
will confirm pass/fail status of submittals and provide an analysis of rate
proposals, including proposal alternatives, to review with staff.
In the event that acceptable contract exceptions are proposed by
proponents or an RFP alternative with systemic impacts are desired by
staff, the Consultant shall prepare an RFP addendum with a revised base
contract for an additional round of rate proposals, as decided by the City.
The initial proposal rates or the additional round rates submitted by
proponents shall be evaluated by the Consultant. The Consultant shall
prepare a scoring anlysis along with an assessment of the new proposed
rates compared with current rates. The results of the quantitative
scoring analysis will be combined with the City's evaluation committee's
qualitative scoring analysis to determing overall proposal scoring to
select a the highest scored proponent.
The City will form an evaluation committee to review and score the
qualitative aspects of proposals. The Consultant will provide technical
assistance (e.g. confirming proposed technologies or approaches) as
needed by the City's evaluation committee, but will not qualitatively
score proposals. In addition to reviewing the proposals, the evaluation
committee may choose to conduct interviews, on-site visits to proponent
facilites and check references to inform its scoring decisions.
Deliverables: Produce draft answers to proponent questions in
addendum form, provide the City with an analysis of initial rate proposals
and alternatives, provide an RFP addendum for an additional rate
proposal round (including a new draft contract incorporating City
decisions) if requested by staff, and provide final rate scoring for City use
in determining the preferred proponent.
Timeline: The procurement process will be conducted between
November 30, 2022 and April 30, 2022, with the City selection of the
preferred proponent expected by April 30, 2022.
Budget: Task Budget — $10,000 flat fee
Task 3: Contract Finalization and Award Process: Once City staff have identified
the preferred proponent, the Consultant shall attend and support
contract finalization meetings with City and the selected proponent.
Those meetings will be used to resolve any outstanding issues related to
the proponent's proposal, consider any revisions to the draft contract
proposed by the Contractor, provide analysis and assistance with any rate
design modification to rates, commodity market adjustment
2
mechanisms, and other activities necessary to produce an execution -
ready contract package for Council review. The Consultant will assist
with the development of the staff report in the format preferred by the
City detailing the process, activites and results for use during the Council
review and approval process.
Deliverables: Attend up to three contract finalization meetings between
City staff and the selected proponent(s), draft and incorporate revisions
to the final Contract(s), assist in the preparation of Council materials
(such as a staff report for the review/approval process), and attend up to
two Council meetings, as directed.
Timeline: To be completed by June 30, 2022
Budget: Task Budget — $11,000 flat fee
Total Budget
Fixed Fee Items:
Task 1: Prep Work and Release Document Set: $15,000
Task 2: Procurement Process: 10,000
Task 3: Contract Finalization and Award: 11,000
Total: $36,000
Excluded Tasks
Qualitative review and scoring of the proposals is not included in this scope of work. In
the event of litigation, the City and Consultant will determine the Consultant's role in
the proceedings and determine a separate scope and budget based on the emerging
situation.
Billing
All tasks (including on-call services) not to exceed $36,000. All travel and incidental costs
are included in both flat rate tasks. Each task may be billed upon completion or all tasks
may be billed at one time upon conclusion of the project, at the consultant's option.
3
EXHIBIT B
DRAFT TIMELINE
Event Time Frame
Internal Development of Industry Review RFP and Contract August -October 2021
Legal/Council Review of Industry Review RFP and Contract End of October 2021
Release Industry Review draft of document set November 1, 2021
Industry Review comments due November 15, 2021
Release Final RFP to Known Interested Parties November 30, 2022
First Round Proposer Questions Due 3:00 PM PST December 17, 2022
Second Round Proposer Questions Due 3:00 PM PST January 17, 2022
Proposals Due 3:00 PM PST March 1, 2022
Proposal Evaluation, Interviews, Clarifications, Selection March/April, 2022
Finalization of Contract April, 2022
Recommendation to City Council, Council Process May, 2022
City Executes Contract June, 2022
Contractor Delivers Transition/Implementation Plan November, 2022
Container Delivery October, 2023
Start of Collection Services November 1, 2023