HomeMy WebLinkAboutRFQ - DetailsRequest for Qualifications: Recycling & Organics Technical Assistance to Businesses
SUMMARY
The City of Renton (City) invites qualified individuals, consultant firms, non-profits, or other organizations
(Consultant) to respond to this Request for Qualifications (RFQ). The selected Consultant will provide tailored
waste prevention technical assistance to businesses in Renton and Kent, Washington. Outreach will prioritize
medium and large businesses that serve or are staffed by Spanish or Vietnamese speakers.
GOALS
This project aims to increase business participation in recycling and organics services and to improve the quality
of the materials collected. The objectives include
• increasing the number of businesses that have recycling and/or organics service,
• increasing the recycling and organics service levels of businesses receiving technical assistance, and
• decreasing recycling and organics contamination at participating businesses.
BACKGROUND
Renton and Kent are highly diverse cities in the Seattle metropolitan area with over 6,500 businesses. Renton
businesses have access to free unlimited recycling through the City’s contracted hauler, but many businesses do
not take advantage of this service. As a result, Renton’s commercial diversion rate is 16%. In Kent, the
commercial diversion rate is 38%, but recycling service is not embedded in commercial garbage rates. With the
advent of the 2022 Organics Management Law (HB 1799), many businesses will need to start separating their
organics from their garbage. In Renton and Kent, commercial organics is not embedded in garbage rates, so
businesses wanting organics collection will need to subscribe to it through the city’s contracted hauler or
another provider. To help prepare for mandatory organics separation and increase overall resource recovery,
the selected Consultant will provide waste prevention technical assistance to businesses in Renton and Kent.
PROJECT DESCRIPTION
The City of Renton will manage the project, but the selected Consultant will lead key aspects of it. The
Consultant and City will determine the scope of work together, but the City assumes the project will contain
elements such as:
Providing in-person technical assistance
• Engaging with businesses such as restaurants, grocery and retail stores, and beauty salons
• Providing culturally competent education to business staff in English, Spanish, or Vietnamese about
which materials are recyclable or compostable and which items are common contaminants
• Educating business staff about the upcoming HB 1799-related requirements for organics separation and
encouraging businesses to subscribe to organics collection and/or participate in food rescue programs
• Right-sizing waste service levels and calculating cost savings for reducing garbage service
• Relabeling and coordinating the replacement of exterior waste containers as necessary
• Locating interior waste containers more conveniently
• Providing additional interior recycling and organics containers as appropriate
• Providing a limited supply of compostable bags and bag dispensers
• Posting signs near interior and exterior waste containers
• Making follow-up visits to troubleshoot arising issues and continue staff education
Evaluating program effectiveness
• Calculating differences between garbage, recycling, and organics service levels before and after a
business receives technical assistance
• Conducting pre- and post-intervention visual audits (“lid lifts”) of the contents of exterior recycling and
organics containers
• Recording the contamination levels of audited recycling and organics containers as no, low, medium,
high, or empty
• Comparing the number of contaminated containers before and after businesses receive technical
assistance
• Tracking the number of businesses that start recycling or organics service
TIMELINE
All work must be completed by May 1, 2025. The selected Consultant will need to complete approximately 60%
of the technical assistance by November 1, 2024 because funding from two of the grants supporting this project
will end by then.
ESTIMATED BUDGET
The City estimates that the Consultant contract will be approximately $225,000.
QUALIFICATIONS
Qualified Consultants must have
• Experience providing waste prevention technical assistance to a variety of businesses,
• Staff who are fluent in Spanish and Vietnamese OR can subcontract with staff who speak these
languages,
• Staff who can do in-person site visits to Renton and Kent businesses OR subcontract with staff who can
make these visits in-person, and
• Capacity to complete the work within the provided time frame and budget.
Interested consultants should submit a Statement of Qualifications (SOQ) that demonstrates that the Consultant
is qualified for this project. The SOQ should include two references that the City may contact to verify the
Consultant’s experience with similar projects. City staff will evaluate submittals and develop a list of qualified
applicants. The City will determine those best suited to continue with an interview. City staff will make a final
selection based on demonstrated qualifications.
RESPONDING TO RFQ
To respond to this RFQ, please submit a Statement of Qualifications to Meara Heubach, the City of Renton’s
Solid Waste Program Manager, at mheubach@rentonwa.gov by 8 a.m. on September 22, 2023. Questions about
this RFQ should be emailed to mheubach@rentonwa.gov.
TERMS AND CONDITIONS
The City will require the Consultant to enter into a Professional Services Agreement using the attached
template. This RFQ does not commit the City to award a contract for services or pay any costs incurred in the
preparation of an SOQ for this request. The City reserves the right to accept or reject any or all SOQs received as
a result of this request, negotiate with any qualified applicant, or modify or cancel this RFQ in part or in its
entirety if it is in the best interest of the City to do so.
AGREEMENT FOR WASTE PREVENTION CONSULTANT SERVICES
THIS AGREEMENT, dated for reference purposes only as Month XX, XXXX, is by and between the City of Renton
(the “City”), a Washington municipal corporation, and Click here to enter text. (“Consultant”), Click here to enter
text.. The City and the Consultant are referred to collectively in this Agreement as the “Parties.” Once fully
executed by the Parties, this Agreement is effective as of the last date signed by both parties.
1. Scope of Work: Consultant agrees to provide Click here to enter text. as specified in Exhibit Click here to
enter text., which is attached and incorporated herein and may hereinafter be referred to as the “Work.”
[NOTE: the Scope of work should fully describe the services in sufficient detail to bind the consultant
in the event of a dispute. If design or other applicable standards apply to the work (e.g. City adopted
street standards, 2016 WSDOT Standard Specifications, or applicable professional standards) identify
those standards here or in the Scope of Work exhibit so that the Consultant will be bound to the
desired standards. DELETE THIS NOTE].
2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work
consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the
City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in
Exhibit Click here to enter text. or as otherwise mutually agreed by the Parties.
3. Time of Performance: Consultant shall commence performance of the Agreement pursuant to the
schedule(s) set forth in Exhibit Click here to enter text.. All Work shall be performed by no later than Click
here to enter text. [NOTE: insert latest date by which you expect the services to take to perform without
a contract amendment- note that more specific deadlines should be included in the referenced exhibit,
DELETE THIS NOTE.]
4. Compensation:
A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not
exceed $Click here to enter text., plus any applicable state and local sales taxes. Compensation shall
be paid [NOTE: ADD THIS ADDITIONAL LANGUAGE FOR FIXED SUM CONTRACTS AND DELETE THIS
NOTE] as a flat rate fixed sum based upon Work actually performed according to the rate(s) or
amounts specified in Exhibit Click here to enter text.. The Consultant agrees that any hourly or flat
rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed
to in writing or provided in Exhibit Click here to enter text.. Except as specifically provided herein, the
Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance
and payment of this Agreement.
B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work
is performed, the Consultant shall submit a voucher or invoice in a form specified by the City, including
a description of what Work has been performed, the name of the personnel performing such Work,
and any hourly labor charge rate for such personnel. The Consultant shall also submit a final bill upon
completion of all Work. Payment shall be made by the City for Work performed within thirty (30)
calendar days after receipt and approval by the appropriate City representative of the voucher or
invoice. If the Consultant’s performance does not meet the requirements of this Agreement, the
Consultant will correct or modify its performance to comply with the Agreement. The City may
withhold payment for work that does not meet the requirements of this Agreement.
C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any
remedies it may have against the Consultant for failure of the Consultant to perform the Work or for
any breach of this Agreement by the Consultant.
D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under
this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work
or amounts incurred after the end of the current fiscal period, and this Agreement will terminate
upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall
accrue to the City in the event this provision applies.
5. Termination:
A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving
ten (10) calendar days’ notice to the Consultant in writing. In the event of such termination or
suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or
other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City,
if any are required as part of the Work.
B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for
all hours worked to the effective date of termination, less all payments previously made. If the
Agreement is terminated by the City after partial performance of Work for which the agreed
compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This
provision shall not prevent the City from seeking any legal remedies it may have for the violation or
nonperformance of any of the provisions of this Agreement and such charges due to the City shall be
deducted from the final payment due the Consultant. No payment shall be made by the City for any
expenses incurred or work done following the effective date of termination unless authorized in
advance in writing by the City.
6. Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will
perform all Work identified in this Agreement in a professional and workmanlike manner and in
accordance with all reasonable and professional standards and laws. Compliance with professional
standards includes, as applicable, performing the Work in compliance with applicable City standards or
guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction).
Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable,
pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product
created for and delivered to the City pursuant to this Agreement shall be the original work of the
Consultant and free from any intellectual property encumbrance which would restrict the City from using
the work product. Consultant grants to the City a non-exclusive, perpetual right and license to use,
reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this
Agreement. The City’s or other’s adaptation, modification or use of the final work products other than for
the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section
shall survive the expiration or termination of this Agreement.
7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct
and indirect costs expended and Work provided in the performance of this Agreement and retain such
records for as long as may be required by applicable Washington State records retention laws, but in any
event no less than six years after the termination of this Agreement. The Consultant agrees to provide
access to and copies of any records related to this Agreement as required by the City to audit expenditures
and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The
provisions of this section shall survive the expiration or termination of this Agreement.
8. Public Records Compliance: To the full extent the City determines necessary to comply with the
Washington State Public Records Act, Consultant shall make a due diligent search of all records in its
possession or control relating to this Agreement and the Work, including, but not limited to, e-mail,
correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to
the City for production. In the event Consultant believes said records need to be protected from
disclosure, it may, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify,
defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or
litigation related to a Public Records Act request for which Consultant has responsive records and for
which Consultant has withheld records or information contained therein, or not provided them to the City
in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public
Records Act request in a timely manner, unless those records are protected by court order. The provisions
of this section shall survive the expiration or termination of this Agreement.
9. Independent Contractor Relationship:
A. The Consultant is retained by the City only for the purposes and to the extent set forth in this
Agreement. The nature of the relationship between the Consultant and the City during the period of
the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall
have the power to control and direct the details, manner or means of Work. Specifically, but not by
means of limitation, the Consultant shall have no obligation to work any particular hours or particular
schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or
performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to
designate the means of performing the Work covered by this agreement, and the Consultant shall be
entitled to employ other workers at such compensation and such other conditions as it may deem
proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and
that employing such workers, it is acting individually and not as an agent for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social
Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties
of an employer with respect to Consultant or any employee of the Consultant.
C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant
agrees to notify the City and complete any required form if the Consultant retired under a State of
Washington retirement system and agrees to indemnify any losses the City may sustain through the
Consultant’s failure to do so.
10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected
officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions,
suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages,
liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or
litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the
negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of
this Agreement by Consultant, except for that portion of the claims caused by the City’s sole negligence.
Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115,
(Validity of agreement to indemnify against liability for negligence relative to construction, alteration,
improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability
for damages arising out of bodily injury to persons or damages to property caused by or resulting from
the concurrent negligence of the Consultant and the City, its officers, officials, employees and volunteers,
Consultant’s liability shall be only to the extent of Consultant’s negligence.
It is further specifically and expressly understood that the indemnification provided in this Agreement
constitute Consultant’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for
the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The
provisions of this section shall survive the expiration or termination of this Agreement.
11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from
soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved
in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the
Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that
Consultant does not have a business interest or a close family relationship with any City officer or
employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this
Agreement, or evaluating the Consultant’s performance of the Work.
12. City of Renton Business License: Unless exempted by the Renton Municipal Code, Consultant shall obtain
a City of Renton Business License prior to performing any Work and maintain the business license in good
standing throughout the term of this agreement with the City.
Information regarding acquiring a city business license can be found at: https://www.rentonwa.gov/Tax
Information regarding State business licensing requirements can be found at: https://dor.wa.gov/doing-
business/register-my-business
13. Insurance: Consultant shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each
occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or
require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided
with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this
section, shall mean any Work provided by a licensed professional or Work that requires a professional
standard of care.
C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of
Washington, shall also be secured.
D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned,
with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of
Consultant’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes.
E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a
non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any
Consultant liability, nor shall the maintenance of any insurance required by this Agreement be
construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise
limit the City’s recourse to any remedy available at law or in equity.
F. Subject to the City’s review and acceptance, a certificate of insurance showing the proper
endorsements, shall be delivered to the City before performing the Work.
G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business
days of their receipt of such notice.
14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant’s reasonable
control. When such delays beyond the Consultant’s reasonable control occur, the City agrees the
Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the
Agreement.
15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights,
duties or interests accruing from this Agreement without the written consent of the other.
16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party
at the address which appears below (as modified in writing from time to time by such party), and given
personally, by registered or certified mail, return receipt requested, by facsimile or by nationally
recognized overnight courier service. Time period for notices shall be deemed to have commenced upon
the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business
day following transmission. Email and telephone may be used for purposes of administering the
Agreement, but should not be used to give any formal notice required by the Agreement.
CITY OF RENTON
Project Manager Name
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430-XXXXXXXX
E-mail Address
Fax: (425) 430-XXXXXXXX
CONSULTANT
Project Manager Name
Street Address
City, State Zip
Phone: (XXX) XXX-XXXX
E-mail Address
Fax: (XXX) XXX-XXXX
17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the
Consultant agrees as follows:
A. Consultant, and Consultant’s agents, employees, representatives, and volunteers with regard to the
Work performed or to be performed under this Agreement, shall not discriminate on the basis of race,
color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except
minimum age and retirement provisions), honorably discharged veteran or military status, or the
presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application for employment,
the administration of the delivery of Work or any other benefits under this Agreement, or
procurement of materials or supplies.
B. The Consultant will take affirmative action to insure that applicants are employed and that employees
are treated during employment without regard to their race, creed, color, national origin, sex, age,
sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include,
but not be limited to the following employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
C. If the Consultant fails to comply with any of this Agreement’s non-discrimination provisions, the City
shall have the right, at its option, to cancel the Agreement in whole or in part.
D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws
and regulations that may affect the satisfactory completion of the project, which includes but is not
limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964,
and will comply with City of Renton Council Resolution Number 4085.
18. Miscellaneous: The parties hereby acknowledge:
A. The City is not responsible to train or provide training for Consultant.
B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed
within the attached exhibits.
C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent
specifically agreed within the attached exhibits.
D. In the event special training, licensing, or certification is required for Consultant to provide Work
he/she will acquire or maintain such at his/her own expense and, if Consultant employs, sub-
contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-
contractor/assignee will acquire and or maintain such training, licensing, or certification.
E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so
long as there is no interruption or interference with the provision of Work called for in this Agreement.
F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance.
G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as that for any
persons employed by the Consultant.
19. Other Provisions:
A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant
represents and warrants that such individuals are duly authorized to execute and deliver this
Agreement on behalf of the City or Consultant.
B. General Administration and Management. The City’s project manager is Enter name of
Contract/Project Manager. In providing Work, Consultant shall coordinate with the City’s contract
manager or his/her designee.
C. Amendment and Modification. This Agreement may be amended only by an instrument in writing,
duly executed by both Parties.
D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the
terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated
by reference only to the extent of the purpose for which they are referenced within this Agreement.
To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or
contains terms that are extraneous to the purpose for which it is referenced, the terms in the body
of this Agreement shall prevail and the extraneous terms shall not be incorporated herein.
E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in
accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the
Consultant’s employees shall perform the Work in accordance with all applicable federal, state,
county and city laws, codes and ordinances.
F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint
efforts of the Parties and shall not be construed against one party or the other as a result of the
preparation, substitution, submission or other event of negotiation, drafting or execution.
G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this
Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the
State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its
replacement or successor. Consultant hereby expressly consents to the personal and exclusive
jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with
the State of Washington.
H. Severability. A court of competent jurisdiction’s determination that any provision or part of this
Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement,
which shall remain in full force and effect.
I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any
representations or understandings, whether oral or written, not incorporated are excluded.
J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in
which performance is a factor. Adherence to completion dates set forth in the description of the Work
is essential to the Consultant’s performance of this Agreement.
K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any
rights or benefits in the Agreement to anyone other than the Parties, and all duties and
responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of
the Parties and no one else.
L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal
representatives to the other party to this Agreement, and to the partners, successors, assigns, and
legal representatives of such other party with respect to all covenants of the Agreement.
M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to
enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or
Consultant from enforcing that provision or any other provision of this Agreement in the future.
Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior
or subsequent breach unless it is expressly waived in writing.
N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which
shall constitute an original, and all of which will together constitute this one Agreement.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last
signed by the Parties below.
CITY OF RENTON
By:_____________________________
CONSULTANT
By:____________________________
Enter Signer’s Name
Enter Signer’s Title
Enter Signer’s Name
Enter Signer’s Title
_____________________________
Date
_____________________________
Date
Attest
_____________________________
Jason A. Seth
City Clerk
Approved as to Legal Form
By: __________________________
Enter City Attorney Name
Enter City Attorney Title