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HomeMy WebLinkAbout4.567 Original Contract </. 5~ 7 . City of Port Angeles Public Works & Utilities Dept. Operations Office 1703 South B Street Port Angeles W A 98362 Tel: 360-417-4541 Fax: 360-452-4972 MAINTENANCE I SERVICES o Request for Quotation IZI Contract Contract Title: Electronic Waste Collection Recvclina, Project Number: SW-07-030 THIS CONTRACT is entered into the date last below written between the cm OF PORT ANGELES, WASHINGTON ("Cm") AND Total Reclaim ("CONTRACTOR"). 1. WORK BY CONTRACTOR The Contractor shall perform the work described in the Scope of work, which is attached hereto as Attachment A and by this reference is incorporated herein. 2. TERM OF CONTRACT A. The term of this Contract shall be from October 13. 2007 to October 13. 2007. B. Prior to the expiration of the term of this Contract or any renewals or extensions thereof the City may, in its sole discretion, renew the Contract for ....NL additional term(s) of ~ year(s) upon the same terms and conditions. 3. PAYMENT A. The City shall pay the Contractor for such services (check one): o Hourly: $_ per hour, but not more than a total of $_. o Fixed sum: A total amount of: $_. to be paid per invoice schedule. I:8J Other: Rates specified in the Contractor Proposal (attached); NOT-TO-EXCEED $20.000. B. The Contractor shall maintain time and expense records, report them to the City monthly and shall submit invoices to the City monthly for payment for work performed to the date of the invoice. Invoices shall be in a format acceptable to the City. C. The City shall pay all invoices from the Contractor by mailing a City warrant within 30 days of receipt of a properly completed invoice. D. All records and accounts pertaining to this Contract are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available to the City upon request. E. If during the course of the Contract, the work performed does not meet the requirements set forth in the Contract, the Contractor shall correct or modify the work to comply with the Contract requirements and the City shall have the right to withhold payment for such work until it meets the requirements of the Contract. 4. RESPONSIBILITY OF CONTRACTOR A. Safety. The Contractor shall take all necessary precautions for the safety of employees on the work site and shall comply with all applicable provisions of federal, state and local regulations, ordinances and codes. The Contractor shall erect and properly maintain at all time, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and the public and shall post danger signs warning against known or unusual hazards. B. Warranty. The Contractor shall be responsible for correcting any deficiencies and for completing all the work as described in Attachment A. Where deficiencies or failure to appear or perform would cause delay or lack of service to the City, the City may elect to recover liquidated damages as specified in Attachment A. Contract: SW -07 -030 Page 1 Rev 2/15/2007 ~'J' i"- .? ., "t . C. Nondiscrimination/Equal Protection. The Contractor agrees not to discriminate against any employee or applicant for employment or any other persons in the performance of this Contract because of race, religion, creed, color, national origin, marital status, gender, age or handicap, or other circumstances as may be defined by federal, state or local law or ordinance, except for a bona fide occupational qualification. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contractor setting forth the provisions of this nondiscrimination clause. D. Employment. Any and all employees of the Contractor, while engaged in the performance of any work or services required by the Contractor under this Contract, shall be considered employees of the Contractor only and not of the City. Any and all claims that may arise under the Workers Compensation Act on behalf of said employees, while so engaged, and all claims made by a third party as a consequence of any negligent act or omission of the part of the Contractor's employees, while so engaged in any of the work or services provided for or rendered herein, shall be the obligation of the Contractor and not of the City 5. COMPLIANCE WITH LAWS The Contractor shall comply with all federal, state and local regulations and ordinances applicable to the work to be done under this Contract. Any violation of the provisions of this paragraph shall be considered a violation of a material provision of this Contract and shall be grounds for cancellation, termination or suspension of the Contract by the City, in whole or in part, and may result in ineligibility for further work'for the City. 6. TERMINATION OF CONTRACT A. The City may terminate this Contract and take possession of the premises and finish the work by whatever methods it may deem expedient, by giving 10 days written notice to the Contractor. B. In the event this Contract is terminated by the City, the Contractor shall not be entitled to receive any further amounts due under this Contract until the work specified in Attachment A is satisfactorily completed, as scheduled, up to the date of termination. At such time, if the unpaid balance of the amount to be paid under this contract exceeds the expense incurred by the City in finishing the work, and all damages sustained by the City or which may be sustained by reason of such refusal, neglect, failure or discontinuance of employment, such excess shall be paid by the City to the Contractor. If the City's expense and damages exceed the unpaid balance, the Contractor and its surety shall be jointly and severally liable therefore to the City and shall pay such difference to the City. Such expense and damages shall include all legal costs incurred by the City to protect the rights and interests of the City under the Contract, provided such legal costs shall be reasonable. 7. OWNERSHIP OF DOCUMENTS A. On payment to the Contractor by the City of all compensation due under this Contract, all finished or unfinished documents and material prepared by the Contractor with funds paid by the City under this Contract shall become the property of the City and shall be forwarded to the City upon its request. B. Any records, reports, information, data or other documents or materials given to or prepared or assembled by the Contractor under this Contract will be kept confidential and shall not be made available to any individual or organization by the Contractor without prior written approval of the City or by court order. 8. CLAIMS Any claim against the City for damages, expenses, costs or extras arising out of the performance of this Contract must be made in writing to the City within thirty (30) days after the discovery of such damage, expense or loss, and in no event later than the time of approval by the City for final payment. The Contractor, upon making application for final payment, shall be deemed to have waived its right to claim for any other damages for which a claim has not been made, unless such application for final payment includes notice of additional claim and fully describes such claim. Contract: SW-07-030 Page 2 Rev. 2/15/2007 9. GENERAL ADMINISTRATION AND MANAGEMENT The Director of the Public Works and Utilities Department or his/her designee shall have primary responsibility for the City under this Contract and shall oversee and approve all work to be performed, coordinate communications, and review and approve all invoices, under this Contract. 10. HOLD HARMLESS A. The Contractor shall protect, defend, indemnify and save harmless the City, its officers, employees and agents from any and all costs, claims, judgments or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the Contractor. The Contractor agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the Contractor, by mutual negotiation, hereby waives, as respects the City only, any immunity that would 'otherwise be available against such claims under the industrial insurance provision of Title 51 RCW. In the event the City obtains any judgment or award, and/or incurs any cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable form the Contractor. B. The City shall protect, defend, indemnify and save harmless the Contractor, its officers, employees and agents from any an(j:all costs, claims, judgments or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the City. The City agrees that its obligations under this subparagraph extend to any claim, demanq, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the City, by mutual negotiation, hereby waives, as respects the Contractor only, any immunity that would otherwise be available against such claims under the industrial insurance provision of Title 51 RCW. In tlie event the'Contractor obtains any judgment or award, and/or incurs any cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable form the City. 11. INSURANCE The Contractor shall maintain insurance as set forth in Attachment B. 12. INTERPRETATION AND VENUE This Contract shall be interpreted and construed in accordance with the laws of the State of Washington. The venue of any litigation between the parties regarding this Contract shall be Clallam County, Washington. 13. BRANDS OR EQUAL When a special "brand or equal" is named it shall be construed solely for the purpose of indicating the standards of quality, performance, or use desired. Brands of equal quality, performance, and use shall be considered, provided Contractor specifies the brand and model and submits descriptive literature when available. Any bid containing a brand which is not of equal quality, performance, or use specified must be represented as an alternate and not as an equal, and failure to do so shall be sufficient reason to disregard the bid. 14. INSPECTION AND REJECTION All goods, services, work, or materials purchased herein are subject inspection and to approval by the City. Any rejection of goods, services, work, or materials resulting because of nonconformity to the terms and specifications of this order, whether held by the City or returned, will be at Contractor's risk and expense. 15. SUBLETTING OR ASSIGNING OF CONTRACTS Neither the City nor the Contractor shall assign, transfer, or encumber any rights, duties or interest accruing from this Contract without the express prior written consent of the other. 16. INDEPENDENT CONTRACTOR The Contractor is and shall be at all times during the term of this Contract an independent contractor and not an employee of the City. Contract: SW-07-030 Page 3 Rev. 2/15/2007 17. EXTENT OF CONTRACT/MODIFICATION This Contract, together with the attachments and/or addenda, represents the entire and integrated Contract between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. This contract may be amended, modified or added to only by written instrument properly signed by both parties hereto. This Contract, together with the attachments and/or addenda, represents the entire and integrated Contract between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. This contract may be amended, modified or added to only by written instrument properly signed by both parties hereto. IN WITNESS WHEREOF, the parties have executed this Contract as of 1-(, ~ ei> , 2007. CONTRA~ V /J By: -=d ~ Printed Name: e (2..A.-. <) L'O f2.-c::..+\ Title: V \c..:s- Q~ \O~~ . n+-- 11. /' Address: 2-2-00 ,.~ f~ c-~ City: ~\r( w{\ q'2>(~t-J TaXID#:9\ - \5S~~~S- Phone Number: Z/) t.a :3 4':5 - 71...( 4 ':$ CITY OF PORT ANGELES By: AJ-L ~\ Printed Name: e. ~ A. CV"f1.-e::.t- Title: ~c.--n -~ Co IT'\. M G--"i:.. Purchase Order #: NA COPA Attorney contract form review: 2/22/07 Contract: SW-07-030 Page 4 Rev. 2/15/2007 City of Port Angeles Operations Office Public Works and Utilities Department 360-417 -4541 ATTACHMENT A SERVICES & COMPENSATION 1. The Services 1.1 General Description 1.2 Term of Contract Contractor will begin providing services on or about October 13. 2007, and will complete services on October 13. 2007, however, contractor shall not initiate, or otherwise begin work on any services covered by this agreement until notification to proceed is provided by the City's designated personnel, as identified below. 1.3 Deliverable Items 1.3.1. General Scope. The Contractor will collect, unload, load, haul, process, and have recycled all computers, CPU peripherals, and televisions for the "Clallam County Electronic Waste Collection Event" to be held Saturday, October 13, 2007. 1.3.2. The collection event will be open to the public starting at 10:00 am and ending no later than 4:00 pm. The event may end earlier in the event the Contractor estimates that they have approached the Not-to-Exceed maximum dollar value of the contract. Upon nearing the estimate, the Contractor shall immediately notify the City's designated representative. The Contractor will be responsible for receiving, accounting for quantities and/or weights, loading, transporting, and the proper disposal for recycling of all collected items. The Contractor is required to be on site, set up to be able to commence receiving materials by the start time of event, 10:00 A.M. 1.3.3. Location: Wal-Mart Parking Lot, 3500 E. Hwy 101, Port Angeles. 1.3.4. Equipment accepted: computer monitors, central processing units (C.P.U.'s), laptops, cables, keyboard, mice, and television sets. 1.3.5. Equipment not accepted (provided as guidance, but list may not be all inclusive): copiers, fax machines, printers, scanners, stereo or music systems or components, DVD or VCR players or recorders, television stands, etc. 1.3.6. City provided support for the event. As a minimum, the City of Port Angeles will provide newspaper advertisement in the Peninsula Daily News (3 ads over a period of a month), supplemented by radio spots on the local station, as well as information provided on the City's website. The City will provide signage for traffic management. Additionally, the City intends to charge a modest fee at the collection event to customers and will provide any signage required for this. All fees collected will go to the City. Contract: SW-07-030 Page 5 Rev. 2/15/2007 1.4 Designated Personnel Contractor's main point of contact at the City will be Helen Freilich, or such other personnel as City may designate from time to time. Helen Freilich may be contacted at 360-417-4874 or by email at hfreilich@citvofpa.us. 2. Compensation 2.1 Amount and Basis Contractor will submit an invoice to City for Services performed and reimbursable expenses. The invoice will be in a form and content reasonably acceptable to City and will describe (a) the quantity of units performed consistent with the rates proposed by the contractor in his proposal for the services preformed; and (b) any other reimbursable expenses contracted for. Contractor will furnish such receipts, documents and other supporting materials as City reasonably may request to verify the contents of any invoice. Contract: SW-07-030 Page 6 Rev. 2/15/2007 City of Port Angeles Operations Office Public Works and Utilities Department 360-417-4541 ATTACHMENT B INSURANCE Insurance Requirements: The Contractor shall procure and maintain for the duration of the Contract, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Failure by the Contractor to maintain the insurance as required shall constitute a material breach of contract upon which the City may, after giving five working days notice to the Contractor to correct the breach, immediately terminate the Contract or at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, off set against funds due the Contractor from the City. 1. Minimum Scope of Insurance The Contractor shall obtain insurance of the types described below: a. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. b. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products- completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. c. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 2. Minimum Amounts of Insurance The Contractor shall maintain the following insurance limits: a. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. b. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 3. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance. Contract: SW-07-030 Page 7 Rev. 2/15/2007 a. The Contractor's insurance coverage shall be primary insurance as respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and shall not contribute with it. b. The Contractor's insurance shall not be cancelled or reduced as to coverage by either party, except after forty-five (45) days prior written notice by certified mail, return receipt requested, has been given to the City. 4. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VI. 5. Verification of Coverage The Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. Before any exposure to loss may occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, terms and endorsements related to this project. 6. Contractor's Insurance for Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. 7. Waiver of Subrogation The Contractor and the City waive all rights against each other, any of their Subcontractors, Subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extent covered by Builders Risk insurance or other property insurance obtain pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. Contract: SW-07-030 Page 8 Rev. 2/15/2007 This quotation form (3 pages) is attached and made part of contract SW-07-030. 9~/13/2007 THU 13:57 FAX 1lI001/007 TOTAL RECLAIM INC~ ENVIRONMENTAL SERVICES FAX COVER SHEET DATE:q!t.3~7 TOTALPAGES: G TO: 1/e-/e11 he/1~4 COMPANY: C/fy I?I trf 4-~e/-eJ FAX: Ybtf-I.f5";)-l./Qi'- PHONE:Ji(lP-o/I7-08?Y FROM:;! h re;- e-- ,kC//.e- V Total Reclaim Inc. Fax:: (206) 343-7445 Phone: (206) 343-7443 Confidentiality Notice: This message is intended only for the use of the individual or entity to which it is addressed and may contain infomlation that is privileged. confidential, and exempt from disclosure under applicable law. If the reader of this message is notthe intended recipient or the employee or agent responsible for delivering this message to the intended recipient. you are hereby notified that any dissemination. distribution, or copying of this communication is strictly prohibited. If you have received this message in error, please notify us immediately by telephone and return the original message to us at the address below via postal service. This quotation form (3 pages) is attached and made part of contract SW-07-030. .09/13/2007 THU 13: 57 FAX flI002/007 " i QUOTATION FORM Electronic Waste Collection Recycling SW-07 -030 The bidder hereby bids the following amounts for all work (including labor, equipment, time and materials) required to perform the work in the Statement of Work and this package. . . I .j . 1. Unit Prices: Total price including tax not to EXCEED $20,000 !!!!--: . a. $4/ 'IJ Labor, Transportation (Lump Sum) b. $ ,5:!f!!t- /Computer CPU (each) $ dI !!f?- c.?2.. /Computer Monitor 17" and under/Laptops (each) d. $ g'~ /Computer Monitor 18" and over (each) e. $ IS;Jf!IZ !Television 19" and under (each) ~ f. $ 21) ~ !Television 20"-27" (each) g. $ 1e~ ~ !Television 28" and over (each) h. $ ~~+ /for cables, mice, and keyboard (per Ibs) \' 'j 2. The bidder hereby acknowledges that it has received Addenda No(s). .AI' ,M. (Enter uN/A" if none were issued) to this Request for Quotation package. 3. The name of the bidder submitting this bid and its business phone number and address, to which address all communications concerned with this bid and with the contract shall be sent, are listed below. Any written notices required by the terms of an awarded contract shall be served or mailed to the following address: 6. Registration Number 4. Bidder's firm name -r;~/ tee-fa... I fir) 5. Complete address .J..:l PI!? ~:;4 Av<- s. (Street address) S~#/-e- (City) #'/t1 ~/-:J'$?'-~? .J&6~(3~?-7'/~3 w;4. (State) qt:6"13tf (Zip) 7. UBI Number 8. Telephone No. This quotation form (3 pages) is attached and made part of contract SW-07-030. Project: SW-07-030 Page 2 Rev.2115n.007 ~/13/2007 THU 13:58 FAX [410031007 ;; The bidder represents that it is qualified and possesses sufficient skills and the necessary capabilities to perform the services set forth in this Contract. 10. Title ~-~ / .sq/e5 )'J'k~.e-y- f~te..- ~e//e-v 1/;' ?/p 7 9. Signed by 11. Printed Name ~ 12. Date .'i J i ! i I , '1 ! This quotation form (3 pages) is attached and made part of contract SW-07-030. Project: SW-07-030 Page 3 Rev. 2/15/2007