HomeMy WebLinkAboutContractDocuSign Envelope ID: 69701819-0613-457F-A6A9-3E98FEE7EACC
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 first 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-23-390
DocuSign Envelope ID: 69701819-0613-457F-A6A9-3E98FEE7EACC
C.Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D.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
�DocuSigned by:
By: �=E�� �t
Maryjane Van Cleave
Interim Administrator
Parks and Recreation Department
10/31/2023 I 1:20 PM PDT
Date
Approved as to Legal Form
By: _________ _
M.Patrice Kent
Sr. Assistant City Attorney
CONSULTANT
By: JtL PaulVanDerBosch
Vice President, North West
Date
Template Agreement for use with this vendor through December 31, 2023
(File# 2146/NonStandard)
Exhibits:
A: Master Contract
B: Scope of Work for Cleanup Project
PAGE 3 OF 3
Approved by Patrice Kent via email 7/20/2023
DocuSign Envelope ID: 69701819-0613-457F-A6A9-3E98FEE7EACC
EXHIBIT A: Page 1 of 46
Washington State Department of Enterprise Services
MASTER CONTRACT
No. 09321
EMERGENCY RESPONSE TO 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: 69701819-0613-457F-A6A9-3E98FEE7EACC
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
DocuSign Envelope ID: 69701819-0613-457F-A6A9-3E98FEE7EACC
EXHIBIT A: Page 3 of 46
E.Enterprise Services has determined that entering into this Master Contract will meet the
identified needs and be in the best interest of the State of Washington.
F.The purpose of this Master Contract is to enable eligible purchasers to purchase
Emergency Response Services for the above-referenced categories as set forth herein.
AGREEMENT
Now THEREFORE, in consideration of the mutual promises, covenants, and conditions set forth herein, the
parties hereto hereby agree as follows:
1.TERM. The term of this Master Contract is twenty-four (24) months, commencing May 27, 2022 and
ending May 27, 2024; Provided, however, that if Contractor is not in default and if, by February 1,
2024, in Enterprise Services' reasonable judgment, Contractor satisfactorily has met the performance
based goals for contract extension, Enterprise Services shall extend the term of this Master Contract,
by written amendment, for up to forty-eight (48) additional months, upon mutual agreement
between both parties. Such extension amendment shall be on the same terms and conditions as set
forth in this Master Contract. To earn the performance-based Master Contract term extension,
Contractor must achieve the following performance-based metrics:
PERFORMANCE METRIC PERFORMANCE REQUIREMENT FOR CONTRACT EXTENSION
Agency customer review of each Contractor with DES
Customer Satisfaction: representative to determine the Contractor's performance is
satisfactory over the initial two (2) year contract term.
Contractor response times to job site meet or are quicker than
Response Time: the times listed in Exhibit A - Included Goods and Service-
Response times.
Contractor shall not have more than three unsatisfactory
Satisfactory/Unsatisfactory: reviews, disputed invoices, and/or unresolved actions for the
duration of the Contract.
Contractor shall be certified by the Washington State
License: Department of Ecology as a Primary Response Contractor in
good standing during the duration of the Master Contract.
Timely provide to Enterprise Services at the designated address,
Insurance Requirements: without exception, annual insurance endorsements for the
insurance coverages required by this Master Contract. See
Exhibit C -Insurance Requirements at § 4.
Timely remit to Enterprise Service, with no less than a 75% on
time rate over the contract term, the applicable Vendor
Management Fee (VMF).
Note: Contractor must pay the VMF within thirty (30) calendar
Vendor Management Fee: days of invoice from Enterprise Services. If Contractor is
delinquent in timely paying the VMF for three (3) or more
quarters within the first nine (9) quarters of the Master
Contract term, Contractor will not be eligible for a
performance-based extension.
MASTER CONTRACT No. 09321-EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 2