HomeMy WebLinkAboutCAG2020-253 - Amendment - #2 - Clean Harbors Environmental Services, Inc. - Mill Creek Canyon Cleanup - 12/09/2020Lynn Osborn for Bryan Higgins Parks, Recreation & Community Services
11/18/2020 Earliest possible please
11/17/2020
P21051 N/A
Clean Harbors Environmental Svcs Inc.Contract
190897 Change Order
Mill Creek Canyon Cleanup CO 2
Change Order #2 for $290,000 incl. WSST, for additional time
and materials required for continue cleanup of encampment debris
$ 545,000.00 Other
August 2020 08/31/2022
December 7, 2020
OK to sign, 12/7/2020, TW.
AMENDMENT - 1 OF 3
AMENDMENT NO. 2
NAME OF VENDOR: Clean Harbors Environmental Services, Inc.
CONTRACT NAME & PROJECT NUMBER: Mill Creek Canyon Cleanup, PK20-12
ORIGINAL AGREEMENT DATE: August 6, 2020
This Amendment is made between the City and the above-referenced 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, Vendor’s work is modified as
follows:
1.Description of Work. 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 Vendor shall:
Continue to perform clean-up and waste disposal services related to
encampments within Mill Creek Canyon Park as provided for in this
Amendment No. 2 and as depicted in Exhibit A to the Agreement,
appended to and incorporated within the Agreement through
Amendment No. 1.
The Agreement and Amendment No. 1 authorized clean-up and waste
disposal services within distinct areas defined by the City as Area 1 and
Area 2, up to a revised total contract cost of $255,000, and subject to
the cost proposal approval process defined in Amendment No. 1.
The contract cost approved through Amendment No. 1 is nearing
exhaustion, and the City desires to continue clean-up efforts at Mill
Creek Canyon Park. However, estimating the time and cost of that work
is difficult, given the terrain of the park. As funds authorized through
Amendment No. 1 reach exhaustion, the City will define future distinct
work areas for which Vendor will undertake the cost proposal approval
process defined in Amendment No. 1. This process shall continue until
the work is complete for all distinct work areas defined by the City, or
the City’s Parks, Recreation, and Community Services Department
exhausts the maximum compensation amount provided for by Section
III, whichever event occurs first.
Upon acceptance and approval by the City, each cost proposal shall be
appended to and incorporated within Exhibit A to the Agreement.
2. Time of Completion. Section II of the Agreement, entitled “Time of Completion,” is
amended to replace that Section II with the following:
AMENDMENT - 2 OF 3
II. TIME OF COMPLETION. Upon the effective date of this
Agreement, Vendor shall continue providing the goods and
services provided for herein until the work is complete for all
distinct work areas defined by the City under the cost proposal
approval process provided for under Section I, or until the City’s
Parks, Recreation, and Community Services Department
exhausts the maximum compensation amount provided for by
Section III, whichever event occurs first.
3. Compensation. The first paragraph within Section III of the Agreement, entitled
“Compensation,” is replaced with the following two paragraphs:
III. COMPENSATION. Through Amendment No. 1, the City
authorized a total revised contract cost of $255,000, inclusive of
Washington State sales tax, to continue clean-up efforts within
Area 1 and Area 2. As funds authorized through Amendment No.
1 reach exhaustion, the City will define future distinct work areas
for which Vendor will undertake the cost proposal approval
process defined in Amendment No. 1. Once a cost proposal is
approved by the City, Vendor shall submit monthly invoices for
costs associated with completion of the work, on a time and
materials basis. Monthly invoices shall be accompanied by a
progress report itemizing the reimbursable costs incurred and the
particular services performed in the past 30 days.
Work shall continue under the Agreement until Vendor has
completed all clean-up and waste disposal services for all distinct
work areas defined by the City, or until the City’s Parks,
Recreation, and Community Services Department exhausts the
budget it has available to pay for Vendor’s services, whichever
event occurs first. However, in no event, shall the cost incurred
for work performed under this Agreement exceed $ 545,000.00
without further approval through a negotiated amendment to this
Agreement. This maximum “not to exceed” amount is not
guaranteed to be paid to Vendor; it is instead the maximum
amount the City’s Parks, Recreation, and Community Services
Department may spend and absorb within its department budget
without seeking additional approval through a contract
amendment. Vendor shall be paid only those amounts approved
by the City through the cost proposal process described within
Amendment No. 1 and Vendor’s satisfactory completion of that
work.
4. Acceptance of Amendment and Waiver of Claims. The 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 Vendor from
strict compliance with any guarantee and warranty provisions of the original Agreement.
AMENDMENT - 3 OF 3
5. Ratification of Prior Acts. 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.
VENDOR:
Clean Harbors Environmental Services, Inc.
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY:
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
12/09/2020