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HomeMy WebLinkAboutContractDocuSign Envelope ID: 6EF4C316-5652-44O4-A7O3-0C8C2B49EFDD 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: Waste disposal resources to remove all debris from 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-23-392 DocuSign Envelope ID: 6EF4C316-5652-44D4-A7D3-0C8C2849EFDD 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: 19 PM PDT Date Approved as to Legal Form By: _________ _ M.Patrice Kent Sr. Assistant City Attorney CONSULTANT By:� Paul Van Der Bosch Vice President, North West Date Template Agreement for use with this vendor through December 31, 2023 (File# 2146/NonStandard) Exhibits: A: Master Contract 8: Scope of Work for Cleanup Project PAGE 3 OF 3 Approved by Patrice Kent via email 7/20/2023 EXHIBIT A: Page 1 of 46 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: 6EF4C316-5652-44D4-A7D3-0C8C2B49EFDD 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: 6EF4C316-5652-44O4-A7O3-0C8C2B49EFDD EXHIBIT A: Page 4 of 46 PERFORMANCE METRIC PERFORMANCE REQUIREMENT FOR CONTRACT EXTENSION Timely provide to Enterprise Services, with no less than a 75% on time rate over the contract term, the required Master Contract quarterly sales reports. Master Contract Note: Contractor must provide the quarterly sales reports to Sales Reports: Enterprise Services within thirty (30) calendar days of the quarter's end. If Contractor is delinquent in providing the quarterly sales reports 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. 2.ELIGIBLE PURCHASERS. This Master Contract may be utilized by any of the following types of entities (each an eligible "Purchaser"): 2.1. WASHINGTON STATE AGENCIES. All Washington state agencies, departments, offices, divisions, boards, and commissions. 2.2. WASHINGTON STATE INSTITUTIONS OF HIGHER EDUCATION (COLLEGES). Any the following institutions of higher education in Washington: •State universities -i.e., University of Washington & Washington State University; •Regional universities -i.e., Central Washington University, Eastern Washington University, & Western Washington University •Evergreen State College; •Community colleges; and •Technical colleges. 2.3. MCUA PARTIES. Any of the following types of entities that have executed a Master Contract Usage Agreement with Enterprise Services: •Political subdivisions (e.g., counties, cities, school districts, public utility districts) in the State of Washington; •Federal governmental agencies or entities; •Public-benefit nonprofit corporations (i.e., § 501(c)(3) nonprofit corporations that receive federal, state, or local funding); and •Federally-recognized Indian Tribes located in the State of Washington. 3.SCOPE -INCLUDED GOODS/SERVICES AND PRICE. 3.1. CONTRACT SCOPE. Pursuant to this Master Contract, Contractor is authorized to sell and provide only those Goods and/or Services set forth in Exhibit A -Included Goods/Services for the prices set forth in Exhibit B -Prices. Contractor shall not represent to any Purchaser under this Master Contract that Contractor has contractual authority to sell or provide any Goods and/or Services beyond those set forth in Exhibit A -Included Goods/Services. (a)Goods.For purposes of this Master Contract, "Goods" means all equipment, materials, supplies, ancillary parts, accessories, components MASTER CONTRACT No. 09321-EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 3 DocuSign Envelope ID: 6EF4C316-5652-44D4-A7D3-0C8C2B49EFDD EXHIBIT A: Page 5 of 46 and other items purchased by Purchaser pursuant to this Master Contract and as identified in the Purchase Order. (b)Services. For purposes of this Master Contract, "Services" means all services of any nature ordered by Purchaser pursuant to this Master Contract and as identified in the Purchase Order. (c)Specifications. Where applicable, specifications for Goods and/or Services are detailed in this Master Contract and the Purchase Order. Unless otherwise specified in the Purchase Order, all Goods and/or Services provided shall be new and unused of the latest model or design. 3.2. STATE'S ABILITY TO MODIFY SCOPE OF MASTER CONTRACT. Subject to mutual agreement between the parties, Enterprise Services reserves the right to modify the Goods and/or Services included in this Master Contract; Provided, however, that any such modification shall be effective only upon thirty (30) calendar days advance written notice; and Provided further, that any such modification must be within the scope of the Competitive Solicitation for this Master Contract. 3.3. PRICES. All pricings shall be firm for the Term and all extensions or renewals of the Term except where otherwise provided in this Master Contract and include all costs of the Contractor providing the materials/service including transportation, insurance, and warranty costs. 3.4. PRICE CEILING. Although Contractor may offer lower prices to Purchasers, during the term of this Master Contract, Contractor guarantees to provide the Goods/Services at no greater than the prices set forth in Exhibit B -Prices for Goods/Services. 3.5. MASTER CONTRACT INFORMATION. Enterprise Services shall maintain and provide to eligible Purchasers information regarding this Master Contract, including scope, pricing, and lowest responsive, responsible bidder designation. In addition, Enterprise Services identifies awarded contractors who qualify as Washington Small Businesses, Certified Veteran-Owned Businesses, or that, pursuant to the Master Contract provide Goods/Services that meet specified state procurement priorities as set forth in the Competitive Solicitation. 4.CONTRACTOR REPRESENTATIONS AND WARRANTIES. Contractor makes each of the following representations and warranties as of the effective date of this Master Contract and at the time any order is placed pursuant to this Master Contract. If, at the time of any such order, Contractor cannot make such representations and warranties, Contractor shall not process any orders and shall, within three (3) business days notify Enterprise Services, in writing, of such breach. 4.1. QUALIFIED TO DO BUSINESS. Contractor represents and warrants that Contractor is (a) in good standing; (b) qualified to do business in the State of Washington; and (c) registered with the Washington State Department of Revenue and the Washington Secretary of State. 4.2. TAXES. Contractor represents and warrants that Contractor is current, in full compliance, and has paid all applicable taxes owed to the State of Washington. 4.3. LICENSES; CERTIFICATIONS; AUTHORIZATIONS; & APPROVALS. Contractor represents and warrants that Contractor possesses and shall keep current during the term of this Master Contract all required licenses, certifications, permits, authorizations, and approvals necessary for Contractor's proper performance of this Master Contract. This includes but is not limited to Washington State Department of Ecology primary response contractor certification. MASTER CONTRACT No. 09321-EMERGENCY RESPONSE TO HAZARDOUS MATERIALS 4