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HomeMy WebLinkAbout2023/08/25 - Special Packet ♦* � M� Board of Mason County Commissioners Special Meeting Agenda Commission Chambers 411 N 5t' St, Shelton, WA 98584 August 25, 2023 "" 2:00 p.m. Our Commission meetings are live streamed at http://www.masonwebtv.com/ Effective May 10,2022,regular Commission business meetings will be held in-person and via Zoom. Please click the Zoom meeting link posted on the Mason County homepage and use the"raise hand"feature to be recognized by the Chair to provide your comments and testimony. Public comment and testimony can be provided in-person,and you can also e-mail msmithgmasoncountywa.gov;mail in to the Commissioners'Office at 411 N 5'St,Shelton,WA 98584;or call (360)427-9670 ext.419. If you need to listen to the Commission meeting via telephone,please provide your telephone number to the Commissioners'Office no later than 4:00 p.m.the Friday before the meeting. 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Public Comment 5. Consider approval of: a. Regional Services' offer to extend the existing Solid Waste Export Services contract for an additional year by executing Addendum no. 5. b. Mason County Garbage Company, Inc.'s offer to execute a new Solid Waste Export Services contract for one year at the County's current contract rate. c. Potentially executing an amendment or agreement with one of the service vendors. 6. Adjournment C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Loretta Swanson,Director and Ext.450 Richard Dickinson,Deputy Director/U&W Department: Public Works Briefing: ❑X Public Hearing: ❑ Action Agenda: © Special Meeting: Briefing Date(s): July 21,2023 Agenda Date: August 23,2023 Continued to August 25,2023 Internal Review: ❑ Finance ❑ Human Resources ❑X Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑No ❑ Tabled ❑No Action Taken Ordinance/Resolution No. Contract No. County Code: Item: Republic Services Solid Waste Export Services Contract Extension-Addendum No. 5 Back2round/Executive Summary: Mason County contracts with Republic Services to provide transportation of solid waste from the Eells Hill Transfer Station and disposal at Roosevelt Regional Landfill. This contract was originally signed in 1993 and expires August 26, 2023. The Board approved advertising a Request for Proposals(RFP) in April 2023 to start the procurement process in effort to have a new contract in place before the expiration of the current contract,however negotiations are still underway. Republic Services has agreed to continue transport and disposal service under the current contract terms for one-year, while the county negotiates. The only other proposed change would be to utilize Brady Trucking for hauling,which per contract could not occur until 90 days after notifying the County of the proposed change. Budget Impact• The budget terms of the current contract will not change other than the expiration date. The haul and disposal fee are in the adopted 2023 budget and preliminary 2024 budget. Public Outreach: Public Works has published an RFP in the Shelton Journal for two consecutive weeks,posted on Builders Exchange and the County website. Requested Action: Request the Board consider approving Regional Services' offer to extend the Solid Waste Export Services contract for an additional year by executing Addendum No. 5. Attachments: 1. August 15,2023 Letter from Republic Services 2. Addendum No. 5—time extension REPUBLIC SERVICES August 15, 2022 Loretta Swanson Public Works Director Mason County Public Works Department 100 Public Works Drive Shelton, WA 98584 Re: 2023 Contract Extension Dear Ms. Swanson Republic Services have appreciated our long-term partnership with Mason County, and we are very interested in continuing it well into the future. Steve Gilmore communicated to you last week that Republic is willing to extend our current contract with Mason County for an additional year with no changes of those contract terms, and an additional six month bi-lateral extension. The only change will be the utilization of Brady Trucking out of Shelton rather than Lemay trucking out of Centralia for the trucking haul. This extension will provide savings to the County, as well as keep more money in the local economy and provide additional family wage jobs. If you need additional information regarding this proposal, please reach out to Steve Gilmore. We look forward to hearing from you. Sincerely, 9t�� r3a l:-19 a2 Jeff Barcenas General Manager Washington Post Collections Republic Services Cc: Mark Neary Richard Dickson Board of County Commissioners ADDENDUM NO. #5 FOR SOLID WASTE EXPORT SERVICES FOR MASON COUNTY The CONTRACT between COUNTY and CONTRACTOR is amended as follows: 1. The contract expiration date is changed from August 26, 2023 to August 26, 2024.The original contract allows the Contract to be changed, modified, amended or waivered by a written instrument signed by both parties. 2. Attached is the letter, dated August 15th from Republic Services specifying acceptance of time extension with no changes in current contract terms and utilization of Brady Trucking for truck hauling. 3. All other language of the original contract and addendums are not altered by this amendment remain in effect. Amendment dated this day of Au ust, 2023. BOARD OF COUNTY COMMISSIONERS REPUBLIC SERVICES: MASON COUNTY,WASHINGTON /�, P Lalzel c Ryan Lawler Sharon Trask, Chair APPROVED AS TO FORM: Tim Whitehead, CT'ieff DPA C A Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Richard Dickinson,Deputy Director/U&W Ext.450 Department: Public Works Briefing: 0 Public Hearing: ❑ Action Agenda: © Special Meeting: 0 Briefing Date(s): August 25,2023 1 Agenda Date: August 25,2023 Internal Review: ❑ Finance ❑ Human Resources © Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑No ❑ Tabled ❑No Action Taken Ordinance/Resolution No. Contract No. County Code: Item: Mason County Garbage Solid Waste Receiving,Hauling and Disposal Services BackEround/Executive Summary: Mason County contracts with Republic Services to provide transportation of solid waste from the Eells Hill Transfer Station and disposal at Roosevelt Regional Landfill. This contract was originally signed in 1993 and expires August 26, 2023. The Board approved advertising a Request for Proposals(RFP) in April 2023 to start the procurement process in effort to have a new contract in place before the expiration of the current contract. The County received two (2) proposals from Reginal Services and Mason County Garbage. The County is currently in negotiations with Mason County Garbage and will not be finished before the current contract expires. To continue these services,Mason County Garbage has proposed to provide these transporting and disposal services under the terms of the County's current contract with Republic Services for one year while the county continues these negotiations. Budget Impact• The haul and disposal fee are in the adopted 2023 budget and preliminary 2024 budget. Public Outreach: Public Works has published an RFP in the Shelton Journal for two consecutive weeks,posted on Builders Exchange and the County website. Requested Action: Request the Board consider approving Mason County Garbage's offer to provide Solid Waste Receiving,Hauling and Disposal Services for one-year at the County's current contract rate. Attachments: 1. Mason County Garbage Agreement SERVICE AGREEMENT BETWEEN MASON COUNTY DEPARTMENT OF PUBLIC WORKS AND MASON COUNTY GARBAGE CO., INC. FOR SOLID WASTE RECEIVING,TRANSPORTATION AND DISPOSAL INTRODUCTION This Agreement regarding SOLID WASTE RECEIVING,TRANSPORTATION AND DISPOSAL SERVICES is entered into this day of , 2023 between Mason County ("County"), a political subdivision of the State of Washington, and Mason County Garbage Co., Inc. ("Contractor"), doing business in the State of Washington. DESIGNATED AGREEMENT ADMINISTRATION If at any time the Contractor is required to have County approval,that approval shall come from the Deputy Director of Utilities/Waste Management.The Deputy Director or the Project Manager will work closely with the Contractor to confirm any approval(s) required by this Agreement. SCOPE OF WORK The Contractor will provide the County with receiving,transportation and disposal services to include the following: (i) the County shall load solid waste into Contractor's containers at County's transfer station; (ii)Contractor shall haul and dispose of said containers at a landfill of Contractor's choice(collectively,the "Transportation and Disposal Services"). Contractor shall offer the Transportation and Disposal Services to County at the rate of$63.39 per ton of solid waste transported and disposed, plus applicable taxes, as set forth above. Such rate shall be adjusted on January 1, 2024 by 100%of the percent change of the August 2023 over the August 2022 Consumer Price Index(CPI)for the Seattle-Tacoma-Bellevue, Washington, All Urban Consumers, Not Seasonally Adjusted (CUURS49DSA0) index. PERFORMANCE PERIOD Contractor shall provide the Transportation and Disposal Services at the rates provided herein until 11:59 p.m. Pacific Time on August 26,2024. The referenced rate and timeframe shall be included in any mutually agreed upon and executed stand-alone agreement for the Transportation and Disposal Services. Contractor shall provide to the county, at no charge and for no compensation, transport and disposal services for all acceptable waste received at the transfer station during any four days designated by the county during each calendar year, and an additional three days for disasters declared by the Governor. GOOD FAITH EFFORTS The Parties shall make good faith efforts to negotiate such stand-alone agreement for Contractor to provide Receiving,Transportation and Disposal Services for the County. Page 1 of 14 Solid Waste Receiving,Hauling and Disposal Agreement Mason County Garbage RECORD KEEPING The Contractor shall at all times maintain an accounting system that uses generally accepted accounting principles for all services rendered in connection with this Agreement. The Contractor accounts and records covering these charges and all invoices and payments on account of this Agreement shall be open to inspection for any reasonable purpose by the County,their authorized representative and officers or employees at all times during the term of this Agreement and for six months thereafter. The County shall have the right to inspect and copy all documents,to interview any persons, and to review any evidence in the Contractor's possession or control, which may assist the County in determining what amounts are owed to the Contractor or County. COMPLIANCE WITH REGULATIONS The Contractor shall comply with all Federal, State and Local regulations, including Mason County's Solid Waste Handling and Facilities Regulations. All activities will be conducted in accordance with applicable codes and their intent to prevent illegal handling and disposal practices. PERMIT COMPLIANCE AND INDEMNIFICATION The Contractor will be required to perform all operations in complete compliance with all permits issued by the regulatory agencies. Any penalties levied by regulatory agencies for permit non-compliance due to actions of the Contractor will be paid by the Contractor at no cost to the County or may be withheld from payment to the Contractor.The Contractor expressly agrees to indemnify and hold the County harmless for any penalties, interest and/or feed assessed or levied against it or the County due to non- compliance with any permits issued by a regulatory agency of the Federal, State, or County Government in connection with the services to be provided by the Contractor pursuant to this Agreement. SEVERABILITY If any term or provision of this Agreement, or the application thereof,to any person or circumstances, shall to any extent be invalid or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent allowed by law. Further, the parties shall negotiate in good faith regarding amendments to this Agreement that would, to the maximum extent possible, effectuate the intent of any provision determined to be invalid or unenforceable. MOBILIZATION The Contractor shall be responsible for mobilization of all personnel and equipment. NO THIRD-PARTY BENEFICIARY The rights and obligations created by this Agreement are for the sole benefit of the parties, and neither person nor party shall be a beneficiary, intended or otherwise, of any such rights or be entitled to enforce any of the obligations created by this Agreement. ADDITIONAL WORK The County may from time to time, request the Contractor to provide improvements or do additional work beyond the scope of this Agreement. Upon request by the County,the Contractor agrees to good faith consideration to negotiate accomplishment of the work desired by the County. If the Contractor agrees to negotiate,the parties shall determine the work to be done and the compensation to be paid. The County shall not be precluded from awarding Contracts to any person other than the Contractor for the accomplishment of any desired improvements if the County in its sole discretion deems such Page 2of14 Solid Waste Receiving,Hauling and Disposal Agreement Mason County Garbage Contracts most beneficial to the County. In such case,the Contractor will cooperate and coordinate with any other Contractor or the County in allowing and facilitating installation of said improvements WORK TO BE PERFORMED BY THE COUNTY OR OTHER CONTRACTORS During the period of this Agreement,the County(either with its own forces or under separate Contract) will require the cooperation of the Contractors in scheduling and coordination to avoid conflicts. The Contractor shall be responsible for becoming familiar with the various schedules and degree of disruption that may arise. The Contractor shall cooperate with the County in the coordination of operation in a manner that will provide the least amount of interference with the County's operation. NON-DISCRIMINATION REQUIREMENTS Outlined in Exhibit B. EMERGENCY AND ALTERNATIVE OPERATION PLAN The County agrees to the emergency and alternative operation plans as to the contractor's response to the Request for proposal. JURISDICTION AND VENUE Any action of law or suit in equity or judicial proceeding arising out of this Agreement shall be instituted and maintained only in the courts of competent jurisdiction in Mason County, in the State of Washington. TECHNICAL REQUIREMENTS This section specifies minimum requirements for the operation of the solid waste transportation and disposal services.The requirements established herein are the minimum prescribed requirements and are not intended in any way to be inclusive or in any way to limit the Contractor to specific procedures or methods, but rather are intended to ensure the expected quality of solid waste transportation and disposal operation and maintenance. Trailers It is the intent of this section to ensure that Contractor equipment is suitable for long distance transport. Trailers shall be rigid and durable, corrosion resistant, nonabsorbent, easily cleanable, have watertight seals up to 18" above the floor, and suitable for handling with no sharp edges or other hazardous conditions.Trailers shall be capable of withstanding the hard use typically associated with handling solid waste. Trailers shall be designed, engineered, and rated to always perform satisfactorily and safely.Trailers shall be a maximum height of 14' (measured from ground) and shall have a width that does not require special permits for use on public roads. Overall outside length, height, bridge span and distance between axles of trailers when combined with tractor shall conform to all applicable, local, state and federal regulations. Trailers shall be of a top load design and shall be suitable for in-Trailer compaction of waste. Trailers shall be outfitted with a system to, in five minutes or less, easily net and tarp the top of trailer to 100% prevent fugitive trash releases and rainwater accumulations. Page 3of14 Solid Waste Receiving,Hauling and Disposal Agreement Mason County Garbage Trailers shall be designed with vents that allow dissipation of heat and expanding gases that may be generated during storage or transport to the disposal site.Vents shall be located to prevent vent blockage and screened to prevent release of waste during transport. Maintenance and Repairs Trailers shall be maintained by the contractor in accordance with the manufacturer's recommended maintenance schedule and shall be always maintained in a safe working condition.Trailers shall be inspected at least monthly for corrosion, leaks, loose-fitting doors, holes or other damage to the top closing mechanism, seals, siding, frames, or other damage incurred during transport and disposal of waste and repaired as necessary. Each time the trailer is emptied, all waste shall be removed from the trailer and the contractor shall clean trailers as necessary to comply with the requirements of the jurisdictional health department(s) and to mitigate malodor, unsightliness, or attraction of vectors. If a trailer is damaged during loading the Contractor shall repair the trailer.The County will reimburse the Contractor for all reasonable costs or repairs, or replacement of Trailers damaged through gross negligence of a Transfer Station operator.The Contractor, at is own expense, shall repair or replace trailers as necessary due to normal wear and tear. Provision and Storage Requirements The Contractor may accept waste at all Transfer Stations 7-days per week between the hours of 6 AM and 12 AM (midnight). A staging area will be provided at each transfer station where the customer shall deliver empty trailers and accept loaded trailers and may store empty and loaded trailers.Trailer provision and storage requirements include the following: The Contractor shall provide sufficient trailers to allow 2.0 times y Tons to be removed from the station each day,where y is the highest average tons per day recorded for any service month in the most recent 12 months service under the contract. The Contractor shall conduct its operation so that the Transfer Station throughput is less than or equal to the daily maximum set forth above at least one empty trailer is available at the transfer station. Loaded Trailers shall be stored at the staging area a maximum of 48 hours. The contractor may store a maximum of 10 empty and loaded trailers in the staging area at any one time, of which only 7 may be loaded. The Contractor shall communicate with the transfer Station operators to ensure an adequate number of trailers are provided. Personnel Contractor personnel shall be trained as required for specific tasks or functions in accordance with the specific responsibilities set forth in the Agreement for the various elements of this program. During periods of sickness and vacation, additional personnel must be available for the continued and uninterrupted operation of this collection program in the usual manner. Page 4 of 14 Solid Waste Receiving,Hauling and Disposal Agreement Mason County Garbage EXCLUDED WASTE County agrees not to deposit in Contractor's equipment or place for collection by Contractor any radioactive,volatile, corrosive, highly flammable,explosive, biomedical, infectious, biohazardous,toxic or hazardous material as defined by applicable federal,state or local laws or regulations("Excluded Waste"). County agrees to comply with any description of and/or procedures with respect to removal of contaminants or preparation of recyclable materials as reasonably provided by Contractor. Title to and liability for any Excluded Waste shall remain with the producer of said waste. HAZARDOUS MATERIALS Means any material which: (a) is required to be accompanied by a written manifest or shipping document describing the material as "hazardous waste" or"dangerous waste", pursuant to the generator's state, Washington or federal law, including, but not limited to, the Resource Conservation and Recovery Act,40 CFR, Part 260-272, et seq. as amended, and all regulations promulgated thereunder and any such state equivalent or similar law; (b) contains polychlorinated biphenyl or any other substance the storage,treatment or disposal of which is subject to regulation under the Toxic Substances Control Act, 40 CFR, Part 761, et seq. as amended, and all regulations promulgated thereunder and any such state equivalent or similar law; (c) contains a radioactive material the storage or disposal of which is subject to state or federal regulation; or (d) is designated under the generator's state, Washington or federal law or regulation as a "dangerous waste", "toxic waste", "hazardous waste", "extremely hazardous waste" or"acutely hazardous waste". DATA COLLECTION The Contractor shall keep all transactions connected with this agreement including, but not limited to all correspondence and invoices, weigh tickets or receipts issued at the Transfer Station or Disposal Sites. The Contractor shall at all times maintain an accounting system that uses generally accepted accounting principles consistently applied for all services rendered and materials supplied, including additional and deleted work, in connection with this agreement. ACCIDENT REPORTS The Contractor shall promptly report in writing to the Deputy Director of Utilities/Waste Management, or their designee, all accidents whatsoever arising out of, or in connection with the performance of the work whether on, or adjacent to, the sites;giving full details and statements of witnesses. In addition, should death, serious injuries, or serious damage occur, the accident shall be reported by the Contractor immediately by telephone or messenger to the Deputy Director of Utilities/Waste Management or their designee. INDEMNITY 1. To the fullest extent permitted by law, the Contractor agrees to indemnify, defend and hold the County and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, reasonable attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting therefrom) to the extent which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the Contractor, its Page 5 of 14 Solid Waste Receiving,Hauling and Disposal Agreement Mason County Garbage employees, agents or volunteers or Contractor's subcontractors and their employees, agents or volunteer s; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this Agreement; or 3) are based upon the Contractor's or its subcontractors' use of, presence upon or proximity to the property of the County. This indemnification obligation of the Contractor shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of the County.This indemnification obligation of the Contractor shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the Contractor hereby expressly waives any immunity afforded by such acts.The foregoing indemnification obligations of the Contractor are a material inducement to County to enter into this Agreement, are reflected in the Contractor's compensation, and have been mutually negotiated by the parties. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to propertycaused by or resulting from the concurrent negligence of Contractor and the County, its members, Contractor's negligence. 2. Participation by County- No Waiver.The County reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of Provider's indemnity obligations under this Agreement. 3. Survival of Provider's Indemnity Obligations. The Provider agrees all Provider's indemnity obligations shall survive the completion, expiration or termination of this Agreement. 4. Indemnity by Subcontractors. In the event the Provider enters into subcontracts to the extent allowed under this Agreement, the Provider's subcontractors shall indemnify the County on a basis equal to or exceeding Provider's indemnity obligations to the County. INSURANCE At a minimum, the Contractor shall provide insurance that meets or exceeds the requirements detailed in "Exhibit A Insurance Requirements." CONTRACT ADMINISTRATION This Agreement shall be administered on behalf of the County by the Deputy Director of Utilities/Waste Management or the designee. All communications to the Contractor by the Deputy Director shall be recognized as made on behalf of the County. All issues concerning Agreement provisions and requirements shall be directed to the Deputy Director. The following addresses shall be used for communication between parties: MASON COUNTY PUBLIC WORKS MASON COUNTY GARBAGE CO., INC. Richard L Dickinson Mark Gingrich Deputy Director Utilities/Waste Management PO Box 787 100 W Public Works Drive 81 E Wilbur's Way Shelton,WA 98584 Shelton, WA 98584 rdickinson@masoncountywa.gov mark.gingrich@wasteconnections.com (360) 427-9670, Ext. 652 (541) 699-8546 (cell) Page 6of14 Solid Waste Receiving,Hauling and Disposal Agreement Mason County Garbage PROGRESS MEETINGS Periodically, progress meeting will be held between the parties.The meetings will be used to review and discuss activities and/or complaints accumulated during the previous hauling period. It is the responsibility of the Contractor to prepare for and respond to matters brought to their attention prior to each meeting. The Contractor will also be required to present a brief report summarizing the program activity since the previous meeting. CONFLICT OF INTEREST If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify County of the same. The notification of County shall be made with sufficient specificity to enable County to make an informed judgment as to whether or not County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, County may require Contractor to take reasonable steps to remove the conflict of interest. County may also terminate this Agreement according to the provisions herein for termination. TERMINATION Either party hereto may with or without cause terminate this Agreement by giving written notice of their intention to terminate to the other party by certified mail and return receipt requested. Such termination shall, thereafter, be effective six months following the date of written notice, during which period of time the terms and conditions of the Agreement shall remain in full force and effect. The County may terminate with cause if the Contractor does not comply with the terms of this Agreement. Such termination would occur after written notice to the Contractor and their failure to correct deficiencies within 30 days of the notice. Upon termination,the Contractor shall leave all premises in the same condition they were in at the time of implementation of this Agreement. PERFORMANCE BOND The Contractor shall provide Mason County with a $10,000 Performance Bond from a bank or other approved financial institution. Said bond shall be furnished to Mason County on or before the effective date of this Agreement. METHOD OF PAYMENT Mason County will pay the Contractor and landfill on a monthly basis for all work performed, providing the Contractor submits to Mason County a statement,which indicates services provided and costs of said services, by the 10th of each month. Payment will be made to Contractor and landfill within thirty (30) days of the receipt of a complete and accurate statement. If the invoice remains unpaid 45 days after the issue date of the invoice, the Contractor will assess a 1.5%finance charge. Page 7of14 Solid Waste Receiving,Hauling and Disposal Agreement Mason County Garbage Signed this day of , 2023. CONTRACTOR: BOARD OF COUNTY COMMISSIONERS: MASON COUNTY GARBAGE CO., INC. MASON COUNTY, WASHINGTON Signature Sharon Trask, Chair Approved as to Form: Printed Name Tim Whitehead, Ch. DBA Page 8 of 14 Solid Waste Receiving,Hauling and Disposal Agreement Mason County Garbage EXHIBIT A INSURANCE REQUIREMENTS For the duration of this Agreement the Contractor shall maintain in effect all insurance as required herein and comply with all limits,terms and conditions stated therein. Work under this Agreement shall not commence until evidence of all required insurance and bonding is provided to the County. Evidence of such insurance shall consist of a completed copy of the Certificate of Insurance signed by the insurance agent for the Contractor and returned to the Mason County Deputy Director of Utilities/Waste Management. If for any reason, any material change in the coverage occurs during the course of this Agreement; such change will not become effective until 45 days after Mason County receives written notice of such change. The policy shall be endorsed and the certificate shall reflect that Mason County is an additional insured on the Contractor's general liability policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed by or on behalf of the Contractor under this Agreement. The policy shall provide and the certificate reflect that the insurance afforded applies separately to each insured against whom a claim is made or suit is brought except with respect to limits of the company's liability. It is the responsibility of the Contractor to provide fire insurance for any equipment used by the Contractor.This fire insurance shall cover the entire replacement value of the equipment insured. A. MINIMUM Insurance Requirements: 1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01,with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than five million dollars ($5,000,000) per occurrence for all covered losses and no less than ten million dollars ($10,000,000) general aggregate,for bodily injury, personal injury, and property damage, including without limitation,blanket contractual liability. 2. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits for the Contractors, with two (2) or more employees and/or volunteers, no lessthan$1,000,000 per accident for all covered losses. 3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than five million dollars ($5,000,000) per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or the Contractor's employees will use personal autos in any way on this project, Contractor shall obtain evidence of personal auto liability coverage for each such person. 4. Contractor's Pollution Legal Liability Insurance shall be written with limits not less than five million dollars ($5,000,000) combined single limit per occurrence for bodily injury, personal injury, property damage, cleanup costs and legal defense expenses. 5. Umbrella or excess liability policies shall provide coverage at least as broad as specified for underlying coverages and covering those insured in the underlying policies. Coverage shall be "pay on behalf',with Page 9 of 14 Solid Waste Receiving,Hauling and Disposal Agreement Mason County Garbage defense costs payable in addition to policy limits.There shall be no cross-liability exclusion of claims or suits by one insured against another. B. Certificate of Insurance: A Certificate of Insurance naming County as the Certificate Holder must be provided to County within five(5)days of Contract execution. C. Basic Stipulations: 1. Contractor may self-insure if the following conditions are met: a)Contractor has a formal self- insurance program in place prior to execution of this Agreement. If a corporation, Contractor must have a formal resolution of its board of directors authorizing self-insurance; b) Contractor agrees to protect the County, its boards, officers, agents and employees at the same level as would be provided by full insurance with respect to types of coverage and minimum limits of liability required by this Agreement; c) Contractor agrees to defend the County, its boards, officers, agents and employees in any lawsuit that would otherwise be defended by an insurance carrier; d) Contractor agrees that any insurance carried by the County is excess of Contractor's self-insurance and will not contribute to it. 5. Contractor provides the name and address of its claims administrator; e) Contractor submits its most recently filed its 10-K or audited annual financial statements for the three most recent fiscal years; f) Contractor agrees to inform the County in writing immediately of any change in its status or policy which would materially affect the protection afforded the County by this self-insurance 2. Contractor agrees to endorse third party liability coverage required herein to include as additionaIinsureds County, its officials, officers, employees, volunteers and agents, using ISO endorsement CG 20 10 with an editiondate prior to 2004. Contractor also agrees to require all Contractors, subcontractors, and anyone else involved in this Contractor on behalf of the Contractor (hereinafter "indemnifying parties") to complywith these provisions. 3. Contractor agrees to waive rights of recovery against County regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. 4. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this Contract shall be endorsed to delete the subrogation condition as to County, or mustspecifically allow the named insured to waive subrogation prior to a loss. 5. All coverage types and limit s required are subject to approval, modification and additional requirements by County. Contractor shall not make any reduction s in scope or limits of coverage thatmay affect County's protection without County's prior written consent. 6. Contractor agrees to provide evidence of the insurance required herein, satisfactory to County, consisting of: a) certificate(s) of insurance evidencing all of the coverages required and, b) an additional insured endorsement to Contractor's general liability policy using appropriate ACORD form. County has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any actual or alleged failure on the part of County or any other additional insured under these requirements to obtain proof of insurance required under this Contract in no way waives any right or remedy of County or any additional insured, in this or in any other regard. Page 10 of 14 Solid Waste Receiving,Hauling and Disposal Agreement Mason County Garbage It is acknowledged by the parties of this Contract that all insurance coverage required to be provided by Contract or indemnifying party, is intended to apply first and on a primary non- contributing basis inrelation to any other insurance or self-insurance available to County. 7. Contractor will renew the required coverage annually as long as Count y, or its employees or agents face an exposure from operations of any type pursuant to this Contract.This obligation applies whether or not the Contract is canceled or terminated for any reason. Termination of this obligation is not effective until County executes a written statement to that effect. 8.The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by Contractor or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this Contract. 9. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to County and approved of in writing. 10.The requirements in this Exhibit supersede all other sections and provisions of this Contract to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 11. Unless otherwise approved by County, insurance provided pursuant to these requirements shall be by insurers authorized to do business in Washington and with a minimum A.M. Best rating of A-: VII. 12. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Contract limits the application of such insurance coverage. 13. Contractor agrees require insurers,to provide notice to County prior to cancellation of such liability coverage in accordance with the notice provisions of the applicable policies. Contractor shall assure that this provision also applies to any subcontractors,joint ventures or any other party engaged by or on behalf of contractor in relation to this agreement. Certificate(s) are to reflect that the issuer will provide notice to County of any cancellation of coverage in accordance with the notice provisions of the applicable policies. 14. Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of any coverage normally provided byanygiven policy.Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive. 15. Contractor agrees to provide immediate notice to County of any claim or loss against Contractor arising out of the work performed under this agreement. County assumes no obligation or liability by such notice, but has the right (but not the duty)to monitor the handling of any such claim or claims if they are likely to involve County. Page 11 of 14 Solid Waste Receiving,Hauling and Disposal Agreement Mason County Garbage EXHIBIT B TITLE VI NON- DISCRIMINATION During the performance of this contract,the contractor, for itself,its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor(hereinafter includes consultants)will comply with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation,Washington State Department of Transportation, as they may be amended from time to time,which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The contractor,with regard to the work performed by it during the contract,will not discriminate on the grounds of race, color,or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity,project,or program set forth in Appendix B of 49 CFR Part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment,each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race,color,or national origin. 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books,records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts, Regulations,and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information,the contractor will so certify to the Recipient or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract,the Recipient will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate,including,but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling,terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment,unless exempt by the Acts,the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,that Page 12 of 14 Solid Waste Receiving,Hauling and Disposal Agreement Mason County Garbage if the contractor becomes involved in,or is threatened with litigation by a subcontractor,or supplier because of such direction,the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition,the contractor may request the United States to enter into the litigation to protect the interests of the United States. During the performance of this contract,the contractor, for itself,its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: • Title VI of the Civil Rights Act of 1964(42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race,color,national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601),(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.),as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended,(42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123),as amended, (prohibits discrimination based on race,creed, color,national origin, or sex); • The Civil Rights Restoration Act of 1987,(PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors,whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act,which prohibit discrimination on the basis of disability in the operation of public entities,public and private transportation systems,places of public accommodation, and certain testing entities(42 U.S.C. §§ 12131-12189)as implemented by Department of Transportation regulations at 49 C.F.R.parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute(49 U.S.C. § 47123)(prohibits discrimination on the basis of race,color,national origin, and sex); • Executive Order 12898,Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,which ensures Non-discrimination against minority populations by discouraging programs,policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Page 13 of 14 Solid Waste Receiving,Hauling and Disposal Agreement Mason County Garbage • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance,national origin discrimination includes discrimination because of Limited English proficiency(LEP). To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended,which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. 1681 et seq). Page 14 of 14 Solid Waste Receiving,Hauling and Disposal Agreement Mason County Garbage