HomeMy WebLinkAboutCAG2020-253 - Amendment - #1 - Clean Harbors Environmental Services, Inc. - Mill Creek Canyon Cleanup - 10/07/2020ApprovalOriginator:Department:
Date Sent:Date Required:
Authorized to Sign:
Director or Designee Mayor
Date of Council Approval:
Grant? Yes No
Type:Review/Signatures/RoutingDate Received by City Attorney:
Comments:
Date Routed to the Mayor’s Office:
Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
Agreement Amount:
Start Date:
Basis for Selection of Contractor:
Termination Date:
Local Business? Yes No*
*If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace.
Notice required prior to disclosure?
Yes No
Contract Number:
Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
Budget Account Number:
Budget? Yes No
Dir Asst:
Sup/Mgr:
Dir/Dep:
rev. 200901
FOR CITY OF KENT OFFICIAL USE ONLY
AMENDMENT - 1 OF 2
AMENDMENT NO. 1
NAME OF CONSULTANT OR VENDOR: Clean Harbors Environmental Services Inc.
CONTRACT NAME & PROJECT NUMBER: Mill Creek Canyon Cleanup, PK20-12
ORIGINAL AGREEMENT DATE: 08/06/2020
This Amendment is made between the City and the above-referenced Consultant or Vendor
and amends the original Agreement and all prior Amendments. All other provisions of the original
Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force
and effect. For valuable consideration and by mutual consent of the parties, Consultant or
Vendor’s work is modified as follows:
1. Section I of the Agreement, entitled “Description of Work,” is hereby modified to add
additional work or revise existing work as follows:
In addition to work required under the original Agreement and any prior
Amendments, the Consultant or Vendor shall:
Continue to perform clean-up and waste disposal services
related to encampments within Mill Creek Canyon Park and
included within Area 1 as depicted on the map attached and
incorporated as Exhibit A. Under this Amendment, the City seeks
Vendor’s services to fully complete all clean-up and waste
disposal services needed within Area 1, as well as within Area 2
as depicted in Exhibit A. Payment under the Agreement is based
on time and materials, and while the City believes the budget
provided through this Amendment should allow for full
completion of that work, the City understands that site
conditions are challenging and have thereby increased the cost
to complete the work.
Work under this Amendment will be performed in phases. For
the first phase, the City will define a distinct work area within
which Vendor will perform clean-up and waste disposal services.
Within 7 days of the City defining the applicable work area,
Vendor will provide the City with a cost proposal for Vendor’
clean-up and waste disposal services within that area. The City
will approve or deny Vendor’s cost proposal within 7 calendar
days of its receipt by the City. If the City denies Vendor’s cost
proposal, the parties will negotiate a revision to the Vendor’s
cost proposal by narrowing the scope of work or otherwise
revising the cost proposal as the parties may mutually agree.
The same process will be undertaken for additional phases of
work until the budget authorized by this Amendment is
exhausted or the work is fully complete, whichever event occurs
first.
AMENDMENT - 2 OF 2
The maximum budget available for the clean-up and disposal
services is as provided for in this Amendment. However, this
amount is not guaranteed to be paid to Vendor. Instead, this
compensation amount is the maximum budget the City has
available for clean-up and disposal services at Mill Creek Canyon
Park. Vendor shall be paid only those amounts approved by the
City through the cost proposal process described above, and
Vendor’s satisfactory completion of the work described within
that cost proposal as provided for by the parties’ original
Agreement.
2. The contract amount and time for performance provisions of Section II “Time of
Completion,” and Section III, “Compensation,” are modified as follows:
Original Contract Sum,
including applicable WSST
$80,000.00
Net Change by Previous Amendments
including applicable WSST
$N/A
Current Contract Amount
including all previous amendments
$80,000.00
Current Amendment Sum $175,000.00
Applicable WSST Tax on this
Amendment
$0.00
Revised Contract Sum $255,000.00
AMENDMENT - 3 OF 2
Original Time for Completion
(insert date)
08/31/2022
Revised Time for Completion under
prior Amendments
(insert date)
N/A
Add’l Days Required (±) for this
Amendment
0 calendar days
Revised Time for Completion
(insert date)
N/A
The Consultant or Vendor accepts all requirements of this Amendment by signing below, by
its signature waives any protest or claim it may have regarding this Amendment, and
acknowledges and accepts that this Amendment constitutes full payment and final settlement of
all claims of any kind or nature arising from or connected with any work either covered or affected
by this Amendment, including, without limitation, claims related to contract time, contract
acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise
provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and
warranty provisions of the original Agreement.
All acts consistent with the authority of the Agreement, previous Amendments (if any), and
this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed,
and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be
deemed to have applied.
The parties whose names appear below swear under penalty of perjury that they are
authorized to enter into this Amendment, which is binding on the parties of this contract.
IN WITNESS, the parties below have executed this Amendment, which will
become effective on the last date written below.
CONSULTANT/VENDOR:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Dana Ralph
Its Mayor
(title)
DATE:
ATTEST:
___________________________
Kent City Clerk
APPROVED AS TO FORM:
(applicable if Mayor’s signature required)
Kent Law Department
P:\Planning\Mill Creek Earthworks Park\Canyon Cleanup 2020\Clean Harbors-AMENDMENT 1
EXHIBIT A