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HomeMy WebLinkAboutContractDocuSign Envelope ID: 5FF8B5A2-1 EC8-4ADE-9842-2732B6DE43B3 AGREEMENT FOR EMERGENCY RESPONSE TO HAZARDOUS MATERIALS: LAND-BASED WORK AND DISPOSAL, INCINERATION, OR RECYCLING PURUSANT TO WASHINGTON DEPARTMENT OF ENTERPRISE SERVICES MASTER CONTRACT NO. 09321 THIS AGREEMENT, dated for reference purposes only as October 16, 2023, is by and between the City of Renton (the "City"), a Washington municipal corporation, and Clean Harbors Environmental Services, Inc. ("Consultant"), a foreign (Massachusetts) profit corporation. 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. Whereas, the Consultant was awarded Master Contract No. 09321 ("Master Contract") by the Washington State Department of Enterprise Services ("DES") after a competitive bid process; and, Whereas, the City entered in the State Master Contracts Usage Agreement ("MCUA") No. 21725 and is therefore an Eligible Purchaser under the Master Contract; and, Whereas, the City has identified work to which the Master Contract may appropriately be applied. Now therefore, the Parties agree as follows: 1.Terms and conditions. Terms and conditions of the Master Contract at Exhibit A, are incorporated herein. 2.Scope of Work: The City will use the Consultant's expertise for emergency response for hazardous materials land-based cleanup, and related recycling, disposal and incineration as necessary (a "cleanup project"). The City's Project Manager identified in Paragraph 6 will coordinate with the Consultant to delineate the cleanup project as described in Exhibit B, and which will include: Remove all debris from the second two (2) of four (4)sites in the Honey Creek Natural Area near Houser Terrace. 3.Prevailing Wage Rates: Contractor must comply with the State of Washington prevailing wage requirements. Contractor must file an Intent To Pay Prevailing Wage at the beginning of the project and an Affidavit of Wages Paid at the end of the project with the Washington State Department of Labor and Industries. The State of Washington prevailing wage rates applicable for this project, which is located in King County, may be found at the following website address of the Department of Labor and Industries: CAG-23-391 DocuSign Envelope ID: 5FF8B5A2-1 EC8-4ADE-9842-2732B6DE43B3 http://www.lni.wa.gov/TradesLicensing/PrevWage/default.asp http://www.lni.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp Pursuant to WAC 296-127-011, the applicable effective date for prevailing wage rates paid for the duration of this contract shall be the date the contract is executed as reflected in the "Effective Date" identified at the top of the first page of this Agreement. 4.Compensation: Compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $25,000.00 (twenty-five thousand dollars) including any applicable state and local sales taxes, for the cleanup project. Compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in the Master Contract. 5.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 Cai If n Hunsaker, Parks and Trails Director Renton City Hall - 6th Floor 10550 South Grady Way Renton, WA 98057 Phone: {425) 430-6606 Email: CHunsaker@rentonwa.gov 6.Other Provisions: CONSULTANT Paul Van Der Bosch, VP NW 42 Longwater Drive Norwell, MA 02061 Attn: General Counsel (Urgent Contract Matter) Phone: (503) 477-2614 Email: vanderbosch.paul@vleanharbors.com 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: Cailin Hunsaker, Director Parks & Trails. In providing Work, Consultant shall coordinate with the City's contract manager or his/her designee. PAGE20F3 Approved by Patrice Kent via email 7/20/2023 EXHIBIT A: Page 1 of 46 MASTER CONTRACT EMERGENCY RESPONSE HAZARDOUS MATERIALS Category 2: Land Based Work Category 3: Water Based Work Category 5: Disposal, Incineration, or Recycling For Use by Eligible Purchasers By and Between STATE OF WASHINGTON DEPARTMENT OF ENTERPRISE SERVICES and CLEAN HARBORS ENVIRONMENTAL SERVICES, INC. Dated May 26, 2022 DocuSign Envelope ID: 5FF8B5A2-1 EC8-4ADE-9842-2732B6DE43B3 EXHIBIT A: Page 2 of 46 MASTER CONTRACT No. 09321 EMERGENCY RESPONSE TO HAZARDOUS MATERIALS CATEGORY: 2 - LAND BASED WORK 3 -WATER BASED WORK 5 - DISPOSAL, INCINERATION, OR RECYCLING This Master Contract {"Master Contract") is made and entered into by and between the State of Washington acting by and through the Department of Enterprise Services, a Washington State governmental agency ("Enterprise Services") and Clean Harbors Environmental Services, Inc. {"Contractor") and is dated and effective as of May 27, 2022. RECITALS A.Pursuant to Legislative authorization, Enterprise Services, on behalf of the State of Washington, is authorized to develop, solicit, and establish master contracts for goods and/or services to support Washington state agencies. See RCW 39.26.050(1). The Washington State Legislature also has authorized Enterprise Services to make these master contracts available, pursuant to an agreement in which Enterprise Services ensures full cost recovery, to other local or federal government agencies or entities, public benefit nonprofit organizations, and any tribes located in the State of Washington. See RCW 39.26.050(1) & (2). B.Washington state agencies and other eligible purchasers periodically need to purchase emergency response services from qualified, professional emergency response firms, to respond, on an emergency basis, to a hazardous materials release (e.g., oil and other pollutants) or threatened release pertaining to derelict or abandoned vessels/materials, including containment and cleanup of such release or threatened release consistent with applicable law ('Emergency Response Services'). Such Emergency Response Services fall into six {6) different categories in which the awarded Contractor provides the necessary personnel, equipment, materials, and supplies to perform the Emergency Response Services for such category. Accordingly, pursuant to its statutory authority, Enterprise Services is establishing a Master Contract, by category, that is designed to enable eligible purchasers to procure Emergency Response Services from the awarded Contractor in a cost-effective, efficient manner using the terms and conditions of the Master Contract. The Master Contract is limited to emergency situations/response needed to immediately respond to a sudden, unexpected occurrence that poses a clear and imminent danger requiring immediate action to prevent or mitigate the loss or impairment of life, health, or property in Washington State. C.On behalf of the State of Washington, Enterprise Services, as part of a competitive governmental procurement, issued Competitive Solicitation No. 09321 dated March 24, 2022 for Emergency Response Services. D.Enterprise Services evaluated all responses to the Competitive Solicitation and identified Contractor as an apparent successful bidder. MASTER CONTRACT No. 09321-EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 1