Loading...
HomeMy WebLinkAbout24-007 - Olympic Environmental Resources - 2024 Recycling Collection Event: Planning and Staffing 24-007 ContractNumber: CityofTukwila Council Approval N/A 6200 Southcenter Boulevard, Tukwila WA98188 CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a non-charter Olympic optional municipal code city and Olympia Environmental Resources, hereinafter referred to as at 4715 SW Walker Street, Seattle, WA 98116 (Tel 206-938-8262). 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 $20,899.05 at a rate of $80.00/$65.00 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, 2024, and ending December 31, 2024, 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. 6.Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers, 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 Public Entity. CA Revised May 2020 Page 1 of 4 ould a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, Sh 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 shall be only to 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 herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insu 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 $2,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products-completed operations aggregate limit. Commercial General Liability insurance shall be as least at broad as 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 Liabilit y nsurance shall be endorsed to provide a per project general aggregate limit using ISO form i CG 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 t CG with respect to the work performed for the City using ISO Additional Insured endorsemen 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. 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. 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 it. D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating CA Revised May 2020 Page 2 of 4 of not less than A: VII. 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 coverage. F.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 determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public insurance policy using an endorsement as least as broad as ISO CG 20 10 10 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 notice of any policy cancellation, within two business days of their receipt of such notice. H.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 pry ogrammatic records which sufficiently and properly reflect all direct and indirect costs of an 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 provide products on reason, the City shall have the right to terminate this Agreement immediately. 11.Di scrimination 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, eteran status, sex, sexual orientation, gender identity, marital status, political affiliation, t vhe 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 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. CA Revised May 2020 Page 3 of 4 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. . 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 suit. 25thJanuary 24 DATED this ________day of ________________________, 20 ____. CITY OF TUKWILA CONTRACTOR: Olympic Environmental Resources 1/25/24 Thomas McLeod, Mayor By: Printed Name: Paul M Devine Title: Owner/General Manager Address: 4715 SW Walker St., Seattle, WA 98166 CA Revised May 2020 Page 4 of 4 AttachmentA CITY OF TUKWILA OLYMPIC ENVIRONMENTAL RESOURCES 2024 SCOPE OF WORK AND BUDGET Task 1: Tukwila 2024 Recycling Collection Event 1)Project Title 2024 Tukwila Recycling Collection Event 2)Project Schedule Planning and Implementation:January 1 - December 31, 2024 Event Date:Spring, 2024 Hours:9 AM to 3 PM 3)Event Location: Foster High School or another 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 (City). 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 (10 per load-no rims, no heavy truck or backhoe tires) Lead Acid Batteries Household Batteries Bulky Yard Waste Scrap Wood Appliances Ferrous Metals 1 NonferrousMetals Electronic Equipment Computer Equipment Used Textiles* Reusable Household Goods* Cardboard Porcelain Toilets and Sinks Propane Tanks Mattresses TV Sets** Computer Monitors** Other materials if possible *If service provider is available. **TV set and computer monitor collection will be paid for by the Washington Materials Management & Financing Authority. B)The following educational materials will be provided by the City to be distributed by OER at the event: Information on City of Tukwila waste reduction and recycling programs. Information on Hazardous Waste Management Plan programs. Information regarding year-round recycling options at the Recology Store in Burien. 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. 7)Promotion The City will handle all event promotion. 8)Project Evaluation OER will provide the following information to the City within 30 days after 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 2 2024 Project Costs Funding Sources A) King County Hazardous Waste Management Program grant $11,399.05 B) King County Waste Reduction and Recycling grant $ 3,500.00 C) Washington State Department of Ecology Local Solid $ 6,000.00 Waste Financial Assistance grant TOTAL BUDGET $20,899.05 Items Estimated Cost - $ $1,400.00 Recycling set-up fee and equipment and rental delivery Tire recycling $825.00 Battery recycling $1,000.00 CFC appliances $1,500.00 Mattresses $1,400.00 Toilets $500.00 Propane tanks $500.00 Event supplies* $279.05 Rentals** $1,000.00 Lunch $95.00 $200.00 Mileage Event management: Olympic Environmental Resources*** $9,400.00 $2,800.00 Event staff: Olympic Environmental Resources TOTAL**** $20,899.05 *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, organizing, staffing, and preparing final event reports. ****OER may transfer funds unused in one category to overruns in a second category. 3 Attachment B The total amount payable to Olympic Environmental Resources (OER) shall not exceed $20,899.05. The project budget will incorporate funds available from King County, the Washington State Department of Ecology, and the City of Tukwila. OER will cover all event expenses as they arise, such as the costs for vendor services. OER will request reimbursement for staff time and expenses monthly with thirty-day payment terms. OER project management time will be billed at $80 per hour and event staff time will be billed at $65 per hour. OER will assist the City in requesting reimbursement for event costs from King County and the WA State Department of Ecology. OER staff may work with Recology to assist with collection at the Tukwila Spring Recycling Collection Event (RCE) in Spring of 2024 at the Tukwila Community Center/Foster High School or other City location. Recology is contractually obligated to provide the City of Tukwila with services for RCEs. Recology will provide collection of the following materials at one or more Tukwila RCEs: Appliances (non-refrigerated) Scrap metal Cardboard Bulky wood Some bulky furniture unless these items are collected by Seattle Goodwill or Northwest Center. The City of Tukwila and OER will leave open the possibility of doing a similar event in the fall of 2024 if the project budget permits. Recycling Collection Event programs continue annually. OER will continue to provide service to the City of Tukwila until the City decides to no longer participate. The City will provide thirty-days (30) notice to discontinue services, if no longer participating. 4