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
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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
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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
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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