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HomeMy WebLinkAboutCAG2021-507 - Original - Clean Harbors Environmental Services, Inc. - On Call Cleanup of Parks Properties - 12/02/202112/1/21 OK to sign, 12/1/2021, TW. 11/30/2022 CAG2021-507 GOODS & SERVICES AGREEMENT - 1 (Over $20,000.00, including WSST) GOODS & SERVICES AGREEMENT With Prevailing Wage Provisions between the City of Kent and Clean Harbors Environmental Services, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Clean Harbors Environmental Services, Inc. organized under the laws of the State of Massachusetts, located and doing business at 26328 79th Ave. South, Kent, WA 98032 (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. The Vendor shall provide the following goods and materials and/or perform the following services for the City: As described in the attached Exhibit A, incorporated herein, contractor shall provide cleanup and disposal services including hazardous materials in various park properties. Work will be performed on a task order basis, at the direction and under the supervision of the Parks Maintenance Division. The 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, the Vendor shall complete the work and provide all goods, materials, and services by 11/30/2022. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $75,000.00, including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Vendor shall submit a single invoice upon completion of each task order. Invoices shall include date(s) and location(s) of work performed. Card Payment Program. The Vendor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Vendor shall not charge those fees back to the City. GOODS & SERVICES AGREEMENT - 2 (Over $20,000.00, including WSST) If the City objects to all or any portion of an invoice, it shall notify the 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 the Vendor for any defective or unauthorized goods, materials or services. If the 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 the 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. PREVAILING WAGES. The Vendor shall file a “Statement of Intent to Pay Prevailing Wages,” with the State of Washington Department of Labor & Industries prior to commencing the Contract work. The Vendor shall pay prevailing wages in effect on the date the bid is accepted or executed by the Vendor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. V. 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 the 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 the 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. 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 the 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. VI. 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. GOODS & SERVICES AGREEMENT - 3 (Over $20,000.00, including WSST) VII. CHANGES. The City may issue a written change order 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 a change order is necessary, the Vendor must submit a written change order request to the person listed in the notice provision section of this Agreement, Section XVI(D), within fourteen (14) calendar days of the date the 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 change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section IX, Claims, below. The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by the 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. VIII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Vendor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Vendor. IX. CLAIMS. If the Vendor disagrees with anything required by a change order, 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 GOODS & SERVICES AGREEMENT - 4 (Over $20,000.00, including WSST) 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 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). X. 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. XI. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The 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 promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have GOODS & SERVICES AGREEMENT - 5 (Over $20,000.00, including WSST) known of the defect, or (2) upon the Vendor’s receipt of notification from the City of the existence or discovery of the defect. 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 an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to 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. XII. 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. The 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. XIII. INDEMNIFICATION. The 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 the 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 the 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 the 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. XIV. 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. XV. WORK PERFORMED AT VENDOR'S RISK. The 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 the Vendor's own risk, and the 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. XVI. 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. GOODS & SERVICES AGREEMENT - 6 (Over $20,000.00, including WSST) 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 XIII 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 the 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 the Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page GOODS & SERVICES AGREEMENT - 7 (Over $20,000.00, including WSST) to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: By: Print Name: Its DATE: CITY OF KENT: By: Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: VENDOR: Attn: General Counsel, Urgent Contract Matter Clean Harbors Environmental Svcs. 42 Longwater Drive Norwell, MA 02961 206-833-7024 (telephone) schneider.mark@cleanharbors.com (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Margaret Wagner City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5120 (telephone) (253) mwagner@kentwa.gov (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk P:\Planning\RFP's and RFQ's\On Call Cleanup 2021\Clean Harbors-On Call Parks-CONTRACT 12/02/2021 EEO COMPLIANCE DOCUMENTS - 1 of 3 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 be at the City’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 - 2 of 3 CITY OF KENT 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 - 3 of 3 CITY OF KENT 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: ________________________________________ EXHIBIT A REQUEST FOR PROPOSALS Advertised Date August 2, 2021 Request for Proposal Title: On call clean up services Requesting Dept./Div.: RFP Number: Due Date: RFP Coordinator: KENT W..i.... nn City of Kent Parks, Recreation, and Community Services August 20, 2021 Bryan Higgins, Parks Capital Projects Manager bhigginsOci entwa.gov; (253) 856-5113 The City of Kent, Washington ('City") is seeking proposals for on -call services related to clean- up and disposal of general garbage and other waste related to homeless encampments at various park properties throughout Kent. Proposals shall be delivered and received, regardless of the delivery method, through August 20th,2021 up to 3 p.m., as shown on the clock on the east wall of the City Clerk's Office, at the following location: By mail or delivery service to: By email to: City of Kent City Clerk's Office 220 4th Avenue South Kent, WA 98032 Office Hours: 8:00 a.m Cityclerk@kentwa.gov - 5:00 p.m., Monday - Friday PROPOSERS MUST COMPLETE AND SIGN THE FORM BELOW (TYPE OR PRINT) Company Name Clean Harbors Environmental Services, Inc. Address City/State /Postal Code 26328 79th AveiuAouth I Kent, WA 98032 Authorized Representative/Title (Print name and title) George L. Curtis, Executive Vice President - Pricing and Proposals Email ' — v - Phone I Fax N/A - please use email schneider.mark@cleanharbors.com (206) 833-7024 1 (contact person is Mark Schneider, Account Manager) Company Headquarters Located in State/Province of Massachusetts City of Kent Parks, Recreation and Community Services Proposal for On-Call Cleanup Services Clean Harbors Environmental Services 1 RFP No. PKSMTC 1. APPROACH NARRATIVE Clean Harbors will provide qualified and appropriate field crews for all clean-up services including hazardous materials removal. Our personnel have HAZWOPER, Bloodborne Pathogens and other training necessary to safely manage materials like urine, feces, soiled personal hygiene items, syringes, etc. that could pose health threats. Within five business days after the City agrees to our written cost and project duration estimate, we will dispatch clean-up crews and equipment from Clean Harbors’ Kent Field Services branch (represented on the map by the blue pushpin). The Kent Branch is centrally located to all the City’s parks, trails, recreation areas, etc. Encampment clean-up activities performed by Clean Harbors in strict adherence to federal, state and local regulations may include but are not limited to: Arranging for an approved refuse services subcontractor to deliver a trash bin to the job site. The bin’s size will depend on the amount of refuse observed by Clean Harbors during the initial site visit with City staff. Establishing a “hot zone” staging area for solid and hazardous wastes and another zone for employee breaks that is separate from the work areas. Our staff will decontaminate each time they leave the hot zone. Removing all debris including makeshift shelters and structures and placing in the refuse bin. Collecting, bagging and disinfecting non-hazardous solid waste and placing full bags in the refuse bin. When clean-up is completed, our subcontractor will transport the refuse bin to a local municipal solid waste landfill. Collecting, disinfecting biohazards, packaging and transporting all hazardous wastes to a Clean Harbors’ owned and operated disposal facility. Bagging, tagging and logging all discovered unattended personal property that does not present a health and safety hazard, and delivering to the City’s designated storage facility. Notifying the City whenever adjacent encampments are discovered by Clean Harbors’ crew. Immediately halting work and notifying local law enforcement if homeless occupants, any contraband and/or evidence of criminal activity is discovered at a job site. Documenting all equipment, personnel and supplies on a daily worksheet that is signed by the City’s on-site staff. Providing summary reports to the City upon completion of each cleanup, including pre- and post-clean-up photos. Please note this approach summary is very brief to fit the RFP’s limits on proposal length. Work plans will be based on Clean Harbors’ formal Homeless Encampment Abatement Procedures, which can be customized to any job site as needed. 2. EXPERIENCE STATEMENT Having conducted clean-ups over the past year for Mill Creek Canyon Park and Riverview Park, Clean Harbors is well versed in the requirements for your parks and recreation areas. The following references further demonstrate Clean Harbors’ relevant experience with homeless encampment clean-up programs. County of Orange Community Resources 1770 North Broadway, 4th Floor, Santa Ana, CA 92706 Sue Stoffel, Maintenance Inspector (714) 834-2400 sue.stoffel@ocparks.com Services: Clean-up, disinfection, confined space entry, trash and hazardous waste transportation and disposal. Alameda County Flood Control and Water Conservation 100 N. Canyons Parkway, Livermore, CA 94551 Joshua Ruggiero, Project Manager (925) 989-5288 jruggiero@zone7water.com Services: Clean-up, disinfection, confined space entry, trash and hazardous waste transportation and disposal. City of Kent Parks, Recreation and Community Services Proposal for On-Call Cleanup Services Clean Harbors Environmental Services 2 RFP No. PKSMTC City of Los Angeles, Watershed Protection Division 2649 E. Washington Boulevard, Los Angeles, CA 90023 Howard Wong, Environmental Inspector (213) 725-6313 howard.wong@lacity.org Services: Bi-weekly clean-ups, decontamination, sanitation and hazardous waste transportation and disposal. 3. UNIT COSTS DESCRIPTION CH’S CODE UOM PRICE PER UNIT MOBILIZATION Crew Mobilization1 n/a Each $175.00 PER HOUR EMPLOYEE COSTS On-site time using prevailing wages2 Field Technician FT Hour $80.20 Field Technician, Overtime FTOT Hour $118.29 Field Technician, Double Time FTDT Hour $150.72 Foreman FOR Hour $80.20 Foreman, Overtime FOROT Hour $118.29 Foreman, Double Time FORDT Hour $150.72 DUMPING FEES, NON-HAZARDOUS WASTE Subcontracted to Republic Services Municipal Solid Waste bins, hauling, landfill disposal, etc. varies varies Cost plus 12% DUMPING FEES, HAZARDOUS WASTE Disinfected Sharps / Biohazardous Waste (e.g., feces, vomit, etc.) Transportation is included in the disposal price. D20R 55-Gal Drum $323.71 30-Gal Drum $243.06 15-Gal Drum $162.42 05-Gal Drum $56.79 EQUIPMENT RENTAL Varies, as needed varies varies Cost plus 12% MISCELLANEOUS SUPPLIES 55-Gal Open Head Poly Drum, Reconditioned, 1H2 DM55POLY Each $54.52 30-Gal Open Head Poly Drum, 1H2 DM30POLY Each $65.88 15-Gal Open Head Poly Drum, 1H2 DM15POLY Each $68.22 5-Gal Open Head Poly Drum, 1H2 DM5POLY Each $20.44 2-Gal Sharps Container 2GSHARPSTR Each $1 .0 Sodium Hypochlorite, 15% (Bleach) NEUSODI Gallon $20.00 Poly Sheet, 6mil, 20ft x 100ft POLYSHEET Each $136.00 Poly Bags, 6mil, per Roll POLYBAG/RL Each $18 .00 1 Crew Mobilization rate includes a pick-up truck, two personnel, misc. hand tools, appropriate PPE for the hazardous materials (biohazards and needles) enumerated in the RFP. 2 The hourly labor rates are based upon Washington State’s prevailing wages in King County for the “Hazardous Waste Level C Worker" job classification within the “Laborer” trade. Additional Pricing Notes: a) Services will be performed on normal workdays (i.e., Monday through Friday excluding holidays). No more than eight hours of straight time will be billed for one person for one day. Overtime rates will apply to any work in excess of eight hours on a normal workday and all work on Saturdays. Double Time rates will apply to any work in excess of twelve hours on a normal workday and all work performed on Sundays and holidays. City of Kent Parks, Recreation and Community Services Proposal for On-Call Cleanup Services b) Any additional supplies, equipment, materials and/or waste disposal required for a clean-up that are not listed in the table above will be quoted to the City as needed. c) To comply with the US EPA’s electronic manifest (e-manifest) system, the City will be charged a $20 E-Manifest Fee for each uniform hazardous waste manifest. (Does not apply to bills of lading and non-hazardous waste manifests.) d) Local, state and federal fees/taxes applying to the generating location/receiving facilities as well as sales taxes are not included in disposal pricing and will be added to each invoice as applicable. e) A 0.76% Washington State Vendor Management Fee (WSVMF) will apply to an entire invoice amount except sales tax and will be broken out as a separate line item charge on each invoice. f) Payment terms are NET 30 days from date of invoice. Interest to accrue at the rate of 1.5% per month or the maximum allowed by law after 30 days. g) Clean Harbors proposes to annually evaluate our costs and market conditions to determine increases to our unit rates for future years. Clean Harbors will present new pricing for City approval prior to implementation. h) This proposal is submitted contingent upon the right to negotiate mutually acceptable contract terms and conditions, which are reflective of the work contemplated in the Request for Proposal documents, and an equitable distribution of the risks involved therein. In the event that such agreement cannot be reached, Clean Harbors reserves the right to decline to enter into such an agreement without prejudice or penalty. EXHIBIT BINSURANCE REQUIREMENTS FOR SERVICE CONTRACTS 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 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. 2.Automobile Liability insurance covering 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. 3.Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Contractor’s/Consultant’s Pollution Liability insurance covering losses caused by pollution conditions that arise from the operations of the Contractor. 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 $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 3. Contractor’s/Consultant’s Pollution Liability insurance shall be written in an amount of at least $1,000,000 per loss, with an annual aggregate of at least $1,000,000. Coverage may be written on a claims-made basis. 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. 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. Willis Towers Watson Northeast, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA Clean Harbors Environmental Services, Inc. and its Affiliates 42 Longwater Drive Norwell, MA 02061 Scope of work: All operations of the Named Insured SEE ATTACHED City of Kent Parks Attn: Lynn Osborn 220 Fourth Ave. S Kent, WA 98032 09/09/2021 1-877-945-7378 1-888-467-2378 certificates@willis.com ACE American Insurance Company 22667 ACE Property & Casualty Insurance Company Indemnity Insurance Company of North Ameri 20699 43575 W21952690 A 2,000,000 500,000 10,000XCU Contractual 2,000,000 4,000,000 4,000,000 HDO G7145387A 11/01/2020 11/01/2021 A 5,000,000 11/01/202111/01/2020 MCS-90 ISA H25310871 B 10,000,000 G4682586A 004 11/01/2020 11/01/2021 10,000,000 WLR C67459817 (AOS)C 2,000,000No11/01/2020 11/01/2021 2,000,000 2,000,000 A Workers Compensation & Employers Liability E.L. EACH ACCIDENTWLR C67459854 (CA, MA)11/01/2020 11/01/2021 E.L. DISEASE - EA EMP Per Statute E.L. DISEASE-POL LMT 223015521559565SR ID:BATCH: $2,000,000 $2,000,000 $2,000,000 Willis Towers Watson Certificate Center Page 1 of 2 Clean Harbors Environmental Services, Inc. and its Affiliates 42 Longwater Drive Norwell, MA 02061 The City of Kent is named as an Additional Insured for General Liability, Auto Liability and Contractor's Pollution Liability as their interests may appear if required by written contract but only with respect to liability arising out of operations of the Named Insured. It is further agreed that the General Liability and Auto Liability shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insured. INSURER AFFORDING COVERAGE: ACE American Insurance Company NAIC#: 22667 POLICY NUMBER: COO G27416603 006 EFF DATE: 11/01/2020 EXP DATE: 11/01/2021 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Contractor's Pollution Liability Each Claim $10,000,000 All Claims $10,000,000 SIR $250,000 INSURER AFFORDING COVERAGE: ACE American Insurance Company NAIC#: 22667 POLICY NUMBER: COO G27416603 006 EFF DATE: 11/01/2020 EXP DATE: 11/01/2021 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Professional Liability Each Claim $10,000,000 All Claims $10,000,000 SIR $250,000 2 2 Willis Towers Watson Northeast, Inc. See Page 1 See Page 1 See Page 1 See Page 1 25 Certificate of Liability Insurance W21952690CERT:2230155BATCH:21559565SR ID: in addition to POLICY NUMBER: HDO G7145387A COMMERCIAL GENERAL LIABILITY CG20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations Any person or organization whom you have agreed to All locations where you are performing ongoing include as an additional insured under a written contract, operations for such additional insured pursuant to any provided such contract was executed prior to the date of such written contract. loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 in addition to Signature: Terry JuPrgm an (Nov 12, 2111:56 PST) Email: tjungman@kentwa.gov Signature: L�- Email: rlashley@kentwa.gov Signature: A=Zw -. Brian J Le enhagen (Nov23, 202110:15 PST) Email: bjlevenhagen@kentwa.gov Clean Harbors -On Call Parks -CONTRACT wCOVER Final Audit Report 2021-11-23 Created: 2021-11-22 By: Lynn Osborn (losborn@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAAzcHk2pDYS250EgJbzGy_3fhw00CA63cj "Clean Harbors -On Call Parks -CONTRACT wCOVER" History Document created by Lynn Osborn (losborn@kentwa.gov) 2021-11-22 - 7:17:44 PM GMT- IP address: 146.129.252.126 P4 Document emailed to Terry Jungman (tjungman@kentwa.gov) for signature 2021-11-22 - 7:20:52 PM GMT 51 Email viewed by Terry Jungman (tjungman@kentwa.gov) 2021-11-22 - 7:55:44 PM GMT- IP address: 73.118.200.115 e,o Document e-signed by Terry Jungman (tjungman@kentwa.gov) Signature Date: 2021-11-22 - 7:56:22 PM GMT - Time Source: server- IP address: 73.118.200.115 El-, Document emailed to Ronald Lashley (rlashley@kentwa.gov) for signature 2021-11-22 - 7:56:25 PM GMT Email viewed by Ronald Lashley (rlashley@kentwa.gov) 2021-11-23 - 0:26:39 AM GMT- IP address: 146.129.252.126 d' Document e-signed by Ronald Lashley (rlashley@kentwa.gov) Signature Date: 2021-11-23 - 0:34:10 AM GMT - Time Source: server- IP address: 146.129.252.126 7-4 Document emailed to Brian J Levenhagen (bjlevenhagen@kentwa.gov) for signature 2021-11-23 - 0:34:12 AM GMT Email viewed by Brian J Levenhagen (bjlevenhagen@kentwa.gov) 2021-11-23 - 6:15:19 PM GMT- IP address: 146.129.252.126 Document e-signed by Brian J Levenhagen (bjlevenhagen@kentwa.gov) Signature Date: 2021-11-23 - 6:15:58 PM GMT - Time Source: server- IP address: 146.129.252.126 Adobe Sign Document emailed to Paul Van Der Bosch (schneider.mark@cleanharbors.com) for signature 2021-11-23 - 6:16:00 PM GMT Email viewed by Paul Van Der Bosch (schneider.mark@cleanharbors.com) 2021-11-23 - 10:54:18 PM GMT- IP address: 73.118.218.204 E= Document e-signed by Paul Van Der Bosch (schneider.mark@cleanharbors.com) Signature Date: 2021-11-23 - 11:31:17 PM GMT - Time Source: server- IP address: 155.203.3.97 Agreement completed. 2021-11-23 - 11:31:17 PM GMT a Adobe Sign