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HomeMy WebLinkAboutCAG2020-253 - Amendment - #3 - Clean Harbors Environmental Services, Inc. - Mill Creek Canyon Cleanup - 02/23/2021ApprovalOriginator: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. 200804 N/A FOR CITY OF KENT OFFICIAL USE ONLY AMENDMENT - 1 OF 2 AMENDMENT NO. 3 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: This Amendment memorializes an increase in Kent's retail sales tax rate from 10% to 10.1% as of 01/01/2021. All goods and services provided on or after that date shall calculate 10.1% sales tax on related charges to the City and shall be reimbursed including and according to that tax rate. Taxes of 10.1% are hereby applied to the entire portion or balance of contract work performed after 01/01/2021. 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 $465,000.00 Current Contract Amount including all previous amendments $545,000.00 Contract Remainder as of 12/31/2020 $93,997.50 Applicable WSST Tax on Remainder $9,493.75 Amount of Tax Increase to Contract $94.00 Revised Total Contract Sum $545,094.00 AMENDMENT - 2 OF 2 Original Time for Completion (insert date) 08/22/2022 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: Terry Jungman Its Parks Planning & Dev. Manager (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 PK20-12\Clean Harbors-AMENDMENT 3