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HomeMy WebLinkAbout12-031 - Wilder Environmental Consulting - 2012 Business Recycling12 -031 Council Approval NIA CONSULTANT AGREEMENT FOR NON RESIDENTIAL RECYCLING ASSISTANCE SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and Wilder Environmental Consulting, 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 services in connection with the project titled "Non- Residential Recycling Assistance 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 December 31, 2012, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon giving of 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 December 31, 2012, 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 "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $12,000 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 is 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 state 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 to be rendered under this Agreement. 7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or, failure of the Consultant, its officers, agents and employees, in performing the work required by this Agreement. With respect to the perform- ance of this Agreement and as to claims against the City, its officers, agents and employees, the Consultant expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Consultant, its officers, agents and employees. 8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance, with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/ aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an inde- pendent 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. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap 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 9 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. 1.6. 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. 16. 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: Samantha Wilder, President Wilder Environmental Consulting P.O. Box 46188 Seattle, WA 98146 17. 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 t by the parties. DATED this 2— G day of V 20 CITY OF TUKWILA 45 i Mayo CONSULT l: Printed Title: 4 Attest /Authenticated: City Clerk "J Approved as to Form: Office of the City Attorney R Attachment A TUKWILA BUSINESS RECYCLES 2012 WEC SCOPE OF WORK Task 1 Business Outreach, Propertv Manaqer Outreach and Technical Assistance Wilder Environmental Consulting has assisted the City of Tukwila with business resource conservation outreach since 2000. In 2012, WEC staff will assist the City in designing a program and will assist with implementation- as needed. Activities will include: The Consultant will supplement City assistance, as needed. She will conduct activities such as: Conduct outreach to property managers, their tenants, as well as businesses directly, when appropriate. Be available for any assistance needed by Westfield/ Southcenter Mall with tenant education or new construction. Assist any on -call requests. Continue to assist with the "Tukwila Green Works" recognition program. Assist in transition to embedded recycling service for businesses Other tasks as appropriate The Consultant will assist businesses and property managers, including the City of Tukwila as appropriate through the following means- as directed by the City: Telephone calls; Emails; Mailing informational packets, brochures or postcards; On -site visits; Presentations for staff; Waste Prevention /Recycling /Resource Conservation promotional events; Assistance in improving waste prevention, recycling and resource conservation practices or obtaining recycling containers. follow up survey to evaluate changes at assisted businesses The Consultant will continue to develop supplemental materials for property manager and business education and outreach which may include: Designing mailing materials (such as postcards) Creating publications specific to waste reduction, conservation or recycling. The consultant will work directly with the City to design a program plan for 2012 and to assist in implementation of the program. 2012 TUKWILA BUSINESS RECYCLES PROGRAM Attachment B z �a 1- Business Outreach Technical Assistance from recycling/composting and resource conservation specialist PROJECT TOTAL F_ Tukwila Business Recycles Business Assistance Program Wilder Environmental Totals S. Wilder $80 150 hours* $12,000 ss ..150 hours.; $12,000.. Monthly billings will be calculated based on a combination of the number of hours worked per month, and expenses (purchases, mileage etc.) incurred associated with the project tasks during the monthly billing period. In no case will the total combined hours worked and expenses exceed $12, 000 for the contract period without modification to the contract. *Maximum number of hours possible at $80 /hour "Mileage/gas will be billed at the current accepted IRS/ City of Tukwila rate. (As of March, 2012, this is $.55 /mile.) wilder 2 WEC, Inc. December, 2008 AC40 11/ 011 Y) CERTIFICATE OF LIABILITY INSURANCE DATE THIS IIS RTIFICATE 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. f 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 CONTACT CS &S /SPRAGUE ISRAEL GILES,INC. N PO BOX 946580 I P H ONE FAX (A/C, No, Ext): (A/C, No): MAITLAND, FL 32794 -6580 I E-MJUL Phone 877 724 -2669 ADDRESS: Fax 877 763 -5122 INSURER(S) AFFORDING COVERAGE I NAIC INSURER A: American Casualty Company of Reading, Pennsylvania 1 20427 INSURED INSURER B: WILDER ENVIRONMENTAL CONSULTING INSURER c P O BOX 46188 SEATTLE, WA 98146 INSURER D INSURER E: INSURER F: 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. LIMBS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. No I a LTR I TYPE OF INSURANCE I INSR WVD POLICY NUMBER I (MM/DD/YYYYI (MM/DD/YYYY) I LIMITS GENERALLIABILITY EACH OCCURRENCE $2,000,000 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $300,000 CLAIMS -MADE ®OCCUR PREMISES (Ea occurrence) $10,000 A Y N 2077039876 MED EXP (Any one person) 11/29/2011 11/29/201 $2,000,000 PERSONAL &ADV INJURY GENERAL AGGREGATE 1 $4,000,0001 �GEN% AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP/OP AGG 1 $4,000,0001 POLICY M T L/N I COMBINED SINGLE LIMIT I $1,000,000 AUTOMOBILE LIABILITY (Ea accident) BODILY INJURY (Per person) ANY AUTO A ALL OW NED SCH EDULED N N 2077039876 11/29/2011 11/29/2012 I BODILY INJURY (Per accident) f AUTOS HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE 1 (Per accident) Id UMBRELLA LIAR OCCUR 1 I EACH OCCURRENCE I EXCESS LWB CLAIMS -MADE I AGGREGATE I I I DED 1 I RETENTION 1 I 1 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? El in NH) If yes, describe under DESCRIPTION OF OPERATIONS below WC STATU- TORY L MRS I I E.L. EACH ACCIDENT I E.L. DISEASE EA EMPLOYEE 1 E.L. DISEASE POLICY LIMIT' I 1 1 I I I I DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate Holder is added as an additional insured as provided in the blanket additional insured endorsement. CERTIFICATE HOLDER CANCELLATION City of T City of Clerk SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 6200 Southcenter Blvd THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Seattle, WA 98188 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD cw207