HomeMy WebLinkAboutContractDocuSign Envelope ID: 147DEB23-A630-4EA3-9B73-7FA537AD4B84
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 November 6, 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 third (3) of ten (10)
sites in the Cedar River Natural Area.
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-23-420
DocuSign Envelope ID: 147DEB23-A630-4EA3-9B73-7FA537AD4B84
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
DocuSign Envelope ID: 147DEB23-A63D-4EA3-9B73-7FA537AD4BB4
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
11/22/2023 I 11:25 AM PST
Date
Approved as to Legal Form
By: _________ _
M.Patrice Kent
Sr. Assistant City Attorney
CONSULTANT
By:/� l 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
B: Scope of Work for Cleanup Project
PAGE30F3
Approved by Patrice Kent via email 7/20/2023
DocuSign Envelope ID: 147DEB23-A63D-4EA3-9B73-7FA537AD4BB4
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