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HomeMy WebLinkAboutPW14-025 - Original - Olympic Environmental Resources - 2014-2015 Recycling Program - 01/28/2014 Recordssnugeme l KENT wAs Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Olympic Environmental Resources Vendor Number: JD Edwards Number Contract Number. This is assigned by City Clerk's Office Project Name: 2014 - 2015 Recycling Program Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Date of the Mayor's signature Termination Date: 12/31/15 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Gina Hungerford Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): The Vendor shall assist with the City's Rea clingProgram. S:Publlc\RecordsMa nag ement\Forms\ContractCover\adcc7832 1 11./08 KET GOODS & SERVICES AGREEMENT between the City of Kent and Olympic Environmental Resources THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Olympic Environmental Resources organized under the laws of the State of Washington, located and doing business at 4715 SW Walker Street, Seattle, WA 98116, Phone: (206) 938-8262/Fax: (206) 938-9873, Contact: Paul Devine (hereinafter the "Vendor"). ' AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall assist with the City's Recycling Program for 2014 and 2015, subject to the limitations in Section III Compensation. For a description, see the Vendor's Scope of Work which is attached as Exhibit A and incorporated by this reference. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by December 31, 2015, III. COMPENSATION. The City shall pay the Vendor up to One Hundred Eight Five Thousand, Five Hundred Fifty One Dollars ($185,551.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. Compensation and the scope of work during the second year of the term of this Agreement are contingent upon the availability of grant funds to the City. Vendor acknowledges and agrees that the scope of work and compensation amount may be reduced during the second year of this Agreement if there is a reduction in grant funding received by the City. The City shall pay the Vendor the following amounts according to the following schedule: GOODS & SERVICES AGREEMENT - 1 (Over$10,000.00, including NSST) The Vendor shall be paid after execution of agreement and submittal of invoice for services provided. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment• Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. GOODS & SERVICES AGREEMENT - 2 (Over$10,000,00, including WSST) E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section-of-this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY GOODS & SERVICES AGREEMENT - 3 (Over$10,000.00, including WSST) CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted-events giving rise to -the-claim.---The-City-shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to GOODS & SERVICES AGREEMENT - 4 (Over$10,000.00, including WSST) correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. GOODS & SERVICES AGREEMENT - 5 (Over$10,000,00, including WSST) XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute; difference or claim, shall only be by --- filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. GOODS & SERVICES AGREEMENT - 6 (Over$10,000.00, including WSST) I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: 0' �,-C(a _Idly CITY OF KENT: By: � - �c By. -z e (signature) (signature) Print Name: T)D'� vv e' a > T Prinr Name: Suzette Cooke Its C vCz k Ve'L".-�±4 Its Ma or (title) DATE:/ DATE:,P, _ /✓ '.� NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Paul Devine Timothy J. LaPorte, P.E. Olympic Environmental Resources City of Kent 4715 SW Walker Street 220 Fourth Avenue South Seattle, WA 98116 Kent, WA 98032 (206) 938-8262 (telephone) (253) 856-5500 (telephone) (206) 938-9873 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TIO FQRM.e`""', �4 Kent Law Department P:\Civil\Files\Open Fl Ies\0177-2014-Pub I to Works General\OER-2014-2015 Recycling Goods&Svcs Ag mt.d a GOODS & SERVICES AGREEMENT - 7 (Over$10,000.00, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will beat theCity's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF !CENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF (CENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For, Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBIT A 2014/15 Proposed Scope of Work City of Kent 2014/15 Residential Recycling Collection Events, Bin and Barrel Sales, Business Recycling Program Outreach, School Program Outreach, Multifamily Residential Recycling Program Outreach, and Grant Administration PRIME CONTRACTOR Olympic Environmental Resources (The Contractor) 4715 SW Walker Street Seattle, WA 98116 Phone: (206) 938-8262 Fax: (206) 938-9873 Email: pauldevine@msn.com SUB CONTRACTOR Wilder Environmental Consulting PO Box 46188 Seattle,WA 98146 Phone: (206) 949-1787 Email: swilder@wilderenvironmental,com TASK 1• Residential Recycling Collection Events In 2014 and 2015 the Contractor will organize six citywide collection and recycling events in the City of Kent, The events will be held in March,June, and October. A) Materials to be collected and recycled: • Appliances+ ® Refrigerators and Freezers+ Ferrous Metals Non-ferrous Metals • Scrap Wood* • Bulky Yard Debris* Concrete,Asphalt, Rock, and Brick** Tires+ ® Lead Acid Batteries ® Household Batteries ® Porcelain Toilets and Sinks+ ° Propane Tanks+ ® Cardboard • Reusable Household Goods • Textiles • Motor Oil • Motor Oil Filters i • Antifreeze • Petroleum Based Products • Paper Shredding** • Electronic/Computer Equipment/Cell Phones • Mattresses+ • Styrofoam • Car Seats +User fees may apply or the City may cover all user fees. *Collected In the spring ** Collected in the fall B)The following educational materials will be distributed at the events: • Information on City of Kent waste reduction and recycling programs • Information on the Local Hazardous Waste Management Programs Event Participants These events are intended for the residents of Kent but will be open to King County residents and will be coordinated with county-sponsored events to avoid overlap of service, No flatbeds or large dump trucks allowed.The Contractor reserves the right to refuse oversized, commercial, or contaminated loads. Event Promotion Event promotion will be accomplished in the following ways: • Distribution of a promotional flyer through direct mailings • Articles In the City newsletter publicizing events • Publicizing the events through the King County Solid Waste Division • Publicizing the events on the City's cable channel and website Project Evaluation The following measures will be used to evaluate the completion and success of the events: • Number of vehicles attending • Volume of each material collected • Event cost by budget category • Comparison of 2014/15 volumes and vehicles with prior year's events Timeline Tentative Event Dates— March June and October, 2014115 January/April/August 2014/15 Event planning Work with City on finalizing event date Schedule vendor services February/ April/September 2014/15 Schedule vendor services Work with City on event flyer Coordinate with granting agencies on approval of the flyer ii March/June/October2014/15 Finalize planning Prepare site map Arrange event staff Work with City on available City services Arrange event equipment Arrange event deliveries Hold event April/July/November 2014/15 Prepare project reports Assist City in grant reimbursement process TASK 2: Spring Compost Bin Worm Bin and Rain Barrel Sale The Contractor will organize a two or more compost bin,worm bin, and rain barrel sale at the direction of the City. The events will be held in March and if needed in June, The Contractor will bundle other City clients and solicit bids for the compost bins, worm bins, and rain barrels. The Contractor will arrange to have the bins and barrels delivered to the City Shops. The Contractor will implement one or more sales accompanied by educational outreach/technical assistance on backyard composting, vermicomposting, and rain barrel use. If the bins and barrels don't all sell at the March event an additional sale may be held at the June Recycling Collection Event, The sale/s will be advertised in the Recycling Collection Event flyers sent to all Kent households. The Contractor will sell the bins for $25 each and the rain barrels for $30 each or more as directed by the City. Each bin will include the educational manual, "Home Composting Made Easy" on grasscycling and backyard composting. The worm bins and rain barrels will include instructions on proper set-up and use. TASK 3� Business and School Recycling Outreach The Contractor will promote participation in waste reduction, recycling, and recycled product procurement programs and increase the knowledge of recycling alternatives in the Kent commercial and school sector in 2014 and 2015. Program Activities: 1) Kent Business RecyclingPrinted outreach i The contractor will work with the City to determine up to 2 methods of printed outreach to the business sector during 2014/15. This could include newsletters, postcards or ad space in local papers or chamber newsletters. 2) Kent Business and School Assistance To provide recycling assistance to Kent businesses and schools, the Contractor will deliver a Business Recycling Tool Kit to all Kent businesses expressing interest.The Contractor will provide assistance to City businesses on an on-call basis.The Contractor will track assistance to City businesses as required by King County. The Contractor staff will promote the website www.l(entrecycles.corn as a means to communicate with businesses and property managers regarding waste reduction and recycling. School - - assistance in 2014/15 will build on the success of past years and will expand wherever possible, I li 3) Kent Business Recognition To provide Kent businesses with motivation to prevent waste and recycle,The Contractor will manage the Kent Green Business of the Year Award. The purpose of the award/recognition program will be to acknowledge City businesses with strong commitments to waste reduction, recycling, and the use of recycled-content products. As feasible, the Contractor will promote the winners, and other outstanding applicants programs as examples for other Kent businesses to model. 4) Business Website Assistance In 2014/15, the Contractor will respond to Inquiries from City businesses from visits to the City's recycling website. In addition, all information and links posted to the site will be verified and updated as necessary. 5)_Other outreach activities,as requested and as budget allows TASK 4• Residential Recycling Program Outreach The Contractor will promote waste reduction and enhanced recycling programs through the following program efforts with residents and property owners and managers: • Distribute City outreach materials: through direct mailings, City events, property manager outreach and door-to-door delivery • Provide on-site waste consultations and follow-up assistance • Respond to inquiries from residential communities Work with City contracted haulers to promote recycling programs ® Other outreach activities, as requested and as budget allows Project Goals and Objectives • Promote residential participation in Kent recycling services • Promote cost-effective handling of the residential waste stream • Promote the purchase of recycled products to the residential sector • Promote use of www.KentRecycles.com. Proiect Evaluation The Contractor will monitor the success of the program by reporting the following: I' • Number of educational materials distributed • Number of residential communities that received technical assistance • Increase in the number of residential buildings participating in collection service of recyclables TASK 5: Grant Administration The Contractor will work with the City to provide grant administration and project reports for this Scope of Work. The Contractor will: • Track project expenses • Provide ongoing grant administration through the completion of the tasks, as outlined in this Scope of Work • Prepare reports for the grant program funding reimbursement • Prepare final reports as required by recycling program grants I II Olympic Environmental Resources will be the prime contractor on this project and will subcontract a portion (Tasks 3 and 4) to Wilder Environmental Consulting. Olympic Environmental Resources and Wilder Environmental Consulting are available to implement additional projects at the direction of the City. Ii I j I i I ; ; , ! Ti \ 7 \ _ • \ § 2 ) _ ; \ , ; 69 "2| , ; , 1 , ° _ > } / \ i \ \ r \ { \ 2 } t z � , - - - - , ) ! : ! ! ! ; ! I Q ) } ) \ \ ( }\ \ j \ \ } \ _ ) \ ) \ { EXHIBIT R INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS 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. A. Minimum Scope of Insurance__ Contractor shall obtain insurance of the types described below: 1. 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, 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. 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 11 85 or a substitute endorsement providing equivalent coverage. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect 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. EXHIBIT B (Continued) 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability_insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. 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 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. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. c � CERTIFICATE OF LIABILITY INSURANCE DATE. kiM DDMY7 ; IMW2013 THIS CERTIFICATE 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 INSURERS} AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:IF the cartificate holder is an ADDITIONAL INSURED,the policy(ias)must be endorsed.If SUBROGATION IS WANED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this cerC sate,does not confer rights to the certificate holder in lieu of such endorserne nt(s). PRODUCER - CDNTACT NAME. RAMAGE INSURANCE AGENCY INC AM.,NE -n we Fw - PO BOX 16278 E-61aJL AOORESS: INSURER[57 AFFpRpFJC Ov'VERA.GE #�C A SEATTLE WA 9Si18 ---- ___. ?NsuRER A- NAUTILUS INSURANCE COMPANY MSUREO INSURER 6: - OLYMPIC ENVIRONMENTAL RESOURCES INC _---- --- -�- INSURER Cr 4715 SW WALKER ST INSURER 0: - INSURER E: SEATTLE WA. 08116 INSLREi1F . COVERAGES CERTIFICATENURISER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUR E.D NAMEDABOVE FOR THE POLICY PERIOD I INDICATED.NOTJPITHSTANDING ANY REOUIR EVENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W:T H RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFOR DEC)BY THE POLICIES DESCRIBED HER E:N IS SUBJECT 70 ALL THE TERhIS, I EXCLUSIONSAND CONDITIONS OF SUCH POLICIES.LIMITS SIOWdN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ME OF INSURANCE 'INSFwouZ WNO POLICY NUMBER MIkDOiYYYYr tnk400lYiY'! ',. LIMna V GENERAL LIABILITY I.. C^I vG.u'F'v#r'E - . I00000d.: CCL'.9.tEF IPL 6EPIe'RPt LV3I-;1TY 4 t. .n'r� � . i, ^^E i SF�narlTerv9 � 100,00j, fW\I hVS.E ICJ OfYtF� J EKP fFry sdr ^a.nl R. S,DOQ, A �_ ! X NN313887S 011051,14 01/05115 r-I+ a L is r/INJURY i s EXCLUDED Er R}yALGRu,PTc ; 2000pOd. _•.iAPCATELIMIT; FLIE5KR P '3 C'LAdF/uPAJr Y EXCLUDEDI �CUCVtl" l) AUTOIA081LEL41BILftY .' ..ela 'Ianll r I ANY AA9 EZ`11�U.4+RY{Ter tlets6tl g A1="3 FJ IT's FQ 11" IR,'�Tl�r2X16YVJ. Hldtip A[:105 P F^AED P C2-1'.C:4>r4 GE A,U1 { C mB114 UINIMLA LIAR CCCLr;P 4,r_Clb-s.ENCE S h EXCESS LIFE CLAW&k6 -DE ,FE 4E Der 1 RETE(ITIV c-. 'NCRKERS COMPENBAT#ON ANQ ENPLOYERS'LIABILITY YIN IGF,IL Id'1- EP' ANY PMi,tR E-QIlAti ER' CUt VC ❑ E t F E^!". ...—_ -. Rr:`Ekit.'EMR=r,EXCLUDED? INIA IMaidatury In NY.) E.L[ISEt.Ss.E',Fb P.4e'r'FE C...CPFn_TLm OF'-_'RATIQNSGeIwa EL DI'E4:¢-F"JLgYt�1Ff g pEgCRPTtON DF'OPERAflONSf LOCATIOnIS NEdICLEg IAttvth.ACORD tm,AtlUlrianal Rarwr4e 5dhM�ia 11 Wore 6PdCl JA rtiRWridJ RECYCLING EVENT CONSULTANT PRIMARY&NON-OQNTRI BLTORY APPLY PER FORM 1-805(DW9l-ADDITONAL INSURED-PRIMARY&NON-CONTRIBUTORY-AUTOMATIC STATUS WHEN REQUIRED IN CONTRACT OR AGREEMENT CERTIFICATE HOLDER .CANCELLATION -- 5HWLO ANY OF THEA80VE DESCRIBED POLICIES BE CANCELLED BEFORE I CRY of Rent THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Arm Ms.GNa HLngerford ACCORDANCE Wn"THE POLICY PROVISIONS. 2204th AvC$ AIIrHORt2EQREPRE9 Kent WA e8032-548$ f 88-2011)ACORD CORPORATION.Ail NEW roserved. ACORD 25(20W105) The ACORD name and logo are registered marks of RO j CJ i . o- L.GENE?!.I l. Aa ... Th-, ; END r?5EMENT , H: 1l1 E r _ — _ P! EL,,—H PIE;s`D 17 FEPJLLY ADDITIONAL INSURED - FRIMARI'' AND NONCONTRIBUTORY - AUTOMATIC STATUS WHEN REQUIRED IN CONTRACT OR AGREErwlENT A� Section t6 . W110 i.S All InSared ; IMCn,ded ;Y S .rl _ c_ tic " . c- • .rirhrd! ;Sit o' Othcr Insurance Secbori it - Com iePile) General Lian!* ltp C�,ndltlnns F v ril ...... v Lev 1 i KENT Agenda Item: Consent Calendar - 7E TO: City Council DATE: January 21, 2014 SUBJECT: Contract with Olympic Environmental Resources for 2014-2015 Residential Recycling Collection Events - Authorize MOTION: -Authorize the Mayor to-sign_the Consultant Services Agreement with Olympic Environmental Resources for Waste Reduction and Recycling Activities and Programs for 2014 - 2015 in the amount of $185,551.00, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. SUMMARY: Olympic Environmental Resources will provide assistance with the implementation of the city of Kent's Waste Reduction and Recycling Programs, including the spring, summer, and fall special recycling and collection events, outreach for business and multi-family waste reduction and recycling programs, rain barrel and compost bin sales and education to benefit the citizens and businesses of Kent. These programs provide a cost savings to Kent's residents and businesses. EXHIBITS: Olympic Environmental Scope of Work RECOMMENDED BY: Public Works Committee YEA: Ralph, Sharp, Higgins NAY: BUDGET IMPACTS: This Consultant Contract will be funded 100% through the following grants: Department of Ecology Coordinated Prevention Grant, Seattle-King County Health Department Local Hazardous Waste Management Program Grant, and King County Waste Reduction and Recycling Grant. REQUEST FOR MAYOR'S SIGNATURE � T Please Fill in All Applicable Boxes ,r F Tom„_reviewed by Director Originator's Name: Gina Hun erford Dept/Div. Engineering Extension: 5549 Date Sent: a/,oe/,A Date Required: »?/4/P4 Return to: Nancy Yoshitake CONTRACT TERMINATION DATE; 12/31/15 VENDOR; Olympic Environmental DATE OF COUNCIL APPROVAL; 1/21/14 Resources ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR if applicable - — - -- Brief Explanation of Document: The attached agreement is for Olympic Environmental Resources to assist with the City's Recycling Program through 2015. For additional information, see the attached Council motion sheet. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) v Received: @ Approval of Law Dept.: ony OF KEW Law Dept. Comments: � r � t4 f"���1,�, �? ,�< O1TfC�h��C .,: x � , a ; Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff — ly�- 7 i Received: n` Recommendations and Comments: _ „r r, d? Disposition o Date Returned: