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HomeMy WebLinkAbout09-019 - Wilder Environment Consulting - 2009 Business Recycling M 09-019(a) Council Approval N/A CITY OF TUKWILA CONTRACT FOR SERVICES Amendment 1 Between the City of Tukwila and Wilder Environmental Consulting That portion of Contract No. 09 -019 between the City of Tukwila and Wilder Environmental Consulting is amended as follows: 2) Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" and Exhibit "C" attached hereto, including the provision of all labor, materials, equipment, and supplies. 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" and Exhibit "C" attached hereto, provided the total amount of payment to the Consultant shall not exceed $40, 000. All other provis of the contract shall remain in full force and effect. Dated this f) "d day of i`�I/ r 20 g CONTR CTOR CITY OF TUKWILA f 11// kvA P col Haggert yor A ST /AUTHENTICATED APPROVED AS TO FORM r vjq Christy O'Flaherty, CMC, City Clerk City At, Date approved by Ci t Council (Applicable if contract amount is over $40,000) HARECYCLING 2009 \Wilder. Contract-- 2009\contractamend.doc kn 11/23/2009 Page 1 of 1 )0 �Dr�� EXHIBIT C (Amended) Scope Business Recycling 2009 ITEM /ACTIVITY 1 EXPENSES AND LABOR COSTS Update Business Recycler of the Year section on the website- only has 2006 include all years with a write up for each Create Business Recycler of the Year- handout to include in Business Recycling Kits. One page sheet (front and back) with blurb about each winner- and why they have a successful program. Copy 200 of them (color front and back .80 each) 11x17 Posters for businesses to display: ideas: large version of sticker (has been requested); waste reduction tips for copier or workroom; reminder to recycle- labor to develop the other two since the sticker version already exists and to work with costco to produce (laminated and copied poster from costco approximately $2.50 each) create 50 of the large sticker; 25 of the other two Update and produce new "Buy Recycled" guide since the other one is very old and out of date. Labor time would include researching options; compiling information; and creating a one page (front and back) handout. Printing of 300 for next year (.80 each) This would also be available electronically on the website. Also supply management and ordering. Recycled content pens (2500) Stickers listing what can and cannot be recycled (300) Slim Jim containers with lids (20 roughly $80 each) Deskside containers (100 roughly $7 each) Display board (table top) and graphic header- the rest could be created by Sam- to show different programs and what is recyclable (developing layout; finding graphics; creating prints, laminating; velcro, assembly) http:// www. camelbackdisplays .com /ShowStyle.htm Using velcro allows this board to be update as things change- so it can keep being reused. Could also be used for multifamily or residential. Develop a list of businesses to target for recycling outreach next year by working with Allied to get a list of garbage overflow customers and customers that do not have recycling. Also create an analysis of costs for businesses to recycle through Allied based on all different service levels $750.00 $1,285.00 $1,150.00 $3,240.00 $900.00 $450.00 $1,675.00 $775.00 $1,900.00 $1,875.00 Tip sheets: Staff motivation; internal set up; newsletter blurb for business newsletters; points to cover during a staff meeting; promoting the program $1,500.00 1 $15,500.00 CONSULTANT AGREEMENT FOR RECYCLING ASSISTANCE SERVICES 09 -019 THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and Wilder Environmental, 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. Time for Performance. Work under this contract shall be completed by December 31, 2009, 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 $24, 500 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 Rf 1 02/02/2009 C: \Documents and Settings\ Sambusiness\ My Documents Wilder Environmental billable2 tukwila 09 scope and budget\ WilderEnvironmentalContract2009 .doc 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 2 02/02/2009 2 14. Termination. 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. 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. Attorneys Fees and Costs. In the event either party shall bring suit against the other to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to recover its costs, including reasonable attorney's fees, incurred in such suit from the losing party. 3 02/02/2009 3 16. Notices. Notices to the City of Tukwila shall be sent to the following address: 17. Integrated Agreement. 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. This Agreement may be amended only by written instrument signed by both the City and the Consultant. Attest /Authenticated: Notices to Consultant shall be sent to the following address: DATED this PIG G City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Sam Wilder Wilder Environmental Consulting PO Box 46188 Seattle, WA 98146 CITY OF TUKWILA CONSULT N AL4 °74/ aggV,ayor -Christy O'Flaherty, y Cler i y y' Cit y J day of VP�kAA' v v I ,20 V1 By: Printed ame: Si l/il e fr Title: Approved as to Form: Hof t 1 t, IN i E /lVOv1 y i4 5Ylikt I It y ttorney 4 02/02/2009 4 Attachment A PROJECT APPROACH TUKWILA BUSINESS RECYCLES 2009 WEC SCOPE OF WORK The•objective of the 2009 Tukwila Business Recycles Program is to increase the City of Tukwila's business recycling rate by providing targeted waste prevention, recycling and resource conservation technical assistance and promotion services. This Program will: 1. Increase the waste diversion rate, minimize the amount of waste generated and disposed by the City's commercial sector, and promote recycled- content product procurement and resource conservation; 2. Promote the Tukwila Business Recycles Program through technical assistance and outreach activities, generate requests for technical assistance, stimulate business waste prevention, recycling and resource conservation efforts, and increase the visibility of the Program throughout the City; and, 3. Monitor outreach activities, and identify trends in waste prevention, recycling, resource conservation and procurement activities. Task 1 Business Outreach, Property Mananer Outreach and Technical Assistance The Consultant will conduct outreach to property managers, their tenants, as well as businesses directly, when appropriate. Outreach will include follow up to property managers and businesses assisted in 2008, in addition to identifying new property managers and businesses to work with. City of Tukwila facilities will be a primary focus in 2009, including working with City staff to improve recycling at City buildings and initiating recycling at Tukwila parks. The Consultant will be available for any assistance needed by Westfield/ Southcenter Mall with tenant education or new construction. Assistance will also include responding to any on -call requests. The Consultant will continue the "Tukwila Green Works" recognition program. Businesses that successfully meet criteria will be given a letter of recognition and a Tukwila Business Recycles Appreciation Certificate. The consultant will also try to present the materials in person at a staff meeting. All businesses provided outreach and assisted will be recruited for membership. A list of members will be compiled, and provided to the City for publication on the City's web site, and in the Chamber of Commerce newsletter and the "Hazelnut." As part of the "Tukwila Green Works" program, the consultant will continue the "Tukwila Business Recycler of the Year" program. This will consist of identifying businesses that fit the "Tukwila Green Works" qualifications and beyond. The "winner" will be determined by City staff in consultation with the Consultant and based on a review of the applications received. The winner will receive recognition through the City's website and newsletter, and possibly a special recognition presentation- with materials signed by the Mayor. 2009 TUKWILA BUSINESS RECYCLES PROGRAM The Consultant will assist businesses and property managers, including the City of Tukwila as appropriate through the following means: D Telephone calls; D Emails; D. Mailing informational packets, brochures or postcards; D. On -site visits; D. Presentations for staff; D Waste Prevention /Recycling /Resource Conservation promotional events; D Assistance in improving waste prevention, recycling and resource conservation practices or obtaining recycling containers. D NEW: follow up survey to evaluate changes at assisted businesses The Consultant will use a variety of materials to conduct outreach and follow -up to Tukwila property managers, tenants and businesses. The Consultant will distribute information to property managers, their tenants and businesses as appropriate in folders provided by the City. These may include: D. Waste prevention checklist, or recycling percentage calculation worksheet, to be included in the recognition program application developed above; D Business specific recycling sheets; D. Recycling Bin stickers; D Recycling containers as budget allows and based on needs. D Fliers on computer recycling and printer cartridge recycling; SPECIAL PROMOTION FOR NEW WASHINGTON e- cycles program. D Information on non computer electronics recycling, including "Take it Back" Network; D. Information from recycling service providers; D Industry- specific articles and case studies (from a variety of sources); D Tukwila Buy Recycled Guide; D Hazardous Waste Yellow Directory; D. Fluorescent Light brochures; D. Materials exchange information (IMEX); D Hazardous materials information (King County); D Tailored information for use at business staff meetings; D Promotional recycled- content pencils or similar with contact information; D. "Business Guide to Wastewise Packaging" (City of Seattle); and D Other utility and resource conservation "sustainability" information about such issues as fats, oils and grease, plus water and energy conservation, use of recycled building materials, LEED certification. D. Recognition tools, such as "Tukwila Green Works Program" and "Tukwila Business Recycler of the Year" 2 WEC, Inc. December, 2008 WEC has developed a list of goals to approach in 2009. The City of Tukwila will work with WEC to prioritize these based on response and need, with special focus on new items. These goals will be met, as budget allows. Goals: Evaluate and promote recycling at City facilities and work with Parks Department to add recycling to parks. Develop and implement employee incentive and information /outreach program. Coordinate with sustainability and /or "Green Team" efforts. Contact a minimum of 12 property managers that manage properties with 10 or more tenants. Conduct on -site outreach to a minimum of 5 properties with 10 or more tenants, distributing packets of information and /or offering additional technical assistance (which may include Westfield Mall). Conduct at least one event for property manager tenants. Contact a minimum of 150 businesses (which may include Westfield mall stores), with more focus on businesses that generate large quantities of waste. Conduct on -site outreach to a minimum of 60 businesses distributing packets of information and offering additional technical assistance (which may include Westfield mall stores). When applicable, make follow -up telephone calls and /or e-mails to businesses that received packets. Provide technical assistance to property managers, tenants and businesses requesting it. Identify businesses and property managers that might be receptive to and have sites appropriate for waste reduction /recycling /resource conservation promotional events. Continue to work with Westfield Mall to promote waste reduction and recycling activities in current practices and incorporate them in mall expansion plans. Solicit and recognize one business as "Tukwila Business Recycler of the Year" Promote Buying Recycled Products to "Close the Loop Promote Waste Reduction Identify Allied non recyclers. Obtain a list from Allied and target these businesses. Work with Allied to increase recycling. Work with GIS to get a map of the main business areas of Tukwila and "map out" which buildings are owned by which Property Managers Deliverables: Results of improved City of Tukwila employee recycling program including items such as presentations, materials and incentives. Description of work done with Westfield Shoppingtown- Southcenter Mall. List of tenants assisted. List of property managers, tenants and businesses contacted and /or provided assistance, including type of contact and /or assistance provided, results of contact and /or assistance, improvements to waste prevention, recycling or resource conservation made, and future follow -up recommended. List of businesses signed up for the City's business recognition program, including their waste generation data, recycling rate, resource conservation efforts and future improvements recommended. ,,nv;r nment:r 2009 TUKWILA BUSINESS RECYCLES PROGRAM 3 WEC, Inc. December, 2008 2009 TUKWILA BUSINESS RECYCLES PROGRAM List of property managers and businesses (including contact and meeting information) recruited for waste reduction /recycling /resource conservation promotional events, if applicable, and anticipated outcomes. Description of each promotional event and information passed out to attendees, if applicable List of businesses attending promotional events that received follow -up information or assistance, if applicable List of outreach done for City facilities. Assessment of impacts. List of non- recyclers if obtained by Allied To further promote recycling, the consultant will conduct activities to reach local businesses. Outreach activities may include: Partnering with other agencies, local businesses or the Chamber of Commerce to include recycling messages in their materials. The consultant will also try to recruit local business groups to let members know about business recycling opportunities. Updating the business recycling website, as needed. Postcard or newsletter publication for businesses Goals: Assess promotion needs and opportunities and utilize multiple techniques Deliverables: Log success of each type of promotional activity (number of responses) Samples of each type of promotion. Budget: $18,875 Task 2 Database Management and Allied Meetings Database management will focus on tracking assistance in an Excel spreadsheet. This will include working with Allied waste to coordinate outreach. Suggestion is quarterly meetings with Allied. Goals: Track business assistance in an Excel spreadsheet. Quarterly meetings with Allied. Deliverables: An Excel spreadsheet listing all business assistance. Follow up notes from meetings. Budget: $3,000 4 WEC, Inc. December, 2008 2009 TUKWILA BUSINESS RECYCLES PROGRAM Task 3 Final Report Preparation The Consultant will prepare a Final Report that summarizes project activities, achievements and recommendations for the future. The Final Report will be prepared to meet the City's obligation for communicating with the Mayor and City Council, and grant reporting, showing what programs were successful and what programs were not successful. Goal: Prepare a Final Report in which each project activity is evaluated with respect to established goals. Estimate impacts on waste reduction, recycling behavior. Make recommendations for future activities that will help the City meet its overall goals of increased visibility and increased waste prevention, recycling and resource conservation. Deliverables: Final Report (printed and electronic formats). Budget: $1,500 Task 4 Proiect Manaaement The Project Manager for the Consultant will ensure that the quality of work is maintained while staying on schedule and within budget, and will provide seamless coordination among Consultant's staff. Monthly project management reports will show budget status on each project task. Monthly written reports will be prepared that include up -to -date status reports concerning the work that has be conducted. Goals: Submit timely and complete invoices and project management reports. Submit timely Monthly status reports. Ensure smooth project completion. Keep the City's Project Manager informed of project's status. Deliverables: Monthly invoices and project management report showing budget status. Monthly written reports. Additional documentary memos and communication as required. Budget: $1,125 r Y r 5 WEC, Inc. December, 2008 Attachment B WEC Tukwila Business Recycles Business Assistance Program 2009 Budget Wilder Full Circle Expenses Totals Environmenta S. Wilder Full Circle $110 TASKS 11 Business Outreach Technical AssistanCe Task 1- PM, Tenant and $4,975 $18,875 156 20 $4,975 r $18,875 Business Follow -Up 2 Database M anagement Allied Coordination l $2,200 Outreach Subtotal $11,700 Task 3.A Database 0 $0 $3,000 Management and Alllied 40 $0 $0 T, $3,00 meetings and coordina Subtotal $3,000 �3 final Report Preparation $1,500 20 $0 0 $0 1 $1,500 Task 4 Final Report Preparation l $1,500 Subtotal �4 Project Management $0 $ $2,200 $4,975 $24,500 Total Hours $17,325 $4 975 $24,500 I PROJECT TOTAL $17,325 $2,200 Total Check supplies, Green Works awards, Expenses Notes printing/ copies, event incidental ental for promo cards, mileage, p at Federal rate, recycling incidental costs, subcontractor B &O tax (5% on expenses), mileage and postage December, 2008