HomeMy WebLinkAbout5783 Docusign Envelope ID:1 D2C6172-691 F-40DF-BEEF-F039BA264B4C
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Totem Logistics Inc, —Garbage/Waste Cleanup Services
Fourth Amendment—Budget Increase
THIS AMENDMENT is made and entered into on this 30 of August , 2024
by and between the CITY OF AUBURN ("City"), a municipal corporation of the State of
Washington, and Totem Logistics Inc,DBA Seattle Junk King. ("Contractor"), to amend the
Contract for Services Agreement between the parties dated December 6,2022.
RECITALS:
1. On December 6,2022,the City and the Contractor entered into a contract for services
(COA 2023-2024 Garbage/Waste Cleanup Services or"Original Contract")which
included a not to exceed compensation amount of$350,000 based on the anticipated
work and the available City budget at the time.
2. Section 17 of the Original Contract allows for amendments and modifications to be
executed in writing by both parties.
3. On October 4, 2023 the Parties amended the Original Contract(First Amendment)to
increase the compensation limit to $445,000. And again on January 3,2024 (Second
Amendment) increasing the total not to exceed compensation limit to $670,000. And
again on June 10, 2024 (Third Amendment)increasing the total not to exceed
compensation limit to $739,500. The Original Contract and the amendments are
collectively herein referred to as the"Contract".
4. The Parties wish to amend the Contract for a fourth time to increase the compensation
limit by an additional $166,500,bringing the total not to exceed compensation limit to
$906,000.
AMENDMENT
NOW THEREFORE in consideration of their mutual covenants, conditions and promises, the
Parties agree to amend the Contract as follows:
1. Section 3 of the Contract(entitled "Compensation")is amended to read:
Compensation
As compensation for the Contractor's performance of the services provided for in this
Contract, the City will pay the Contractor the fees and costs at the costs and rates described
in Exhibit B subject to additions and deductions by Change Order as provided in the contract
documents. These payments will be full compensation for work performed or services
rendered for all labor, materials, supplies, equipment, overhead, profit, and incidentals
necessary to complete the work. The payment includes sales tax, if any. No payment shall
be remitted by the City to the Contractor for any billing cycle until the City has received and
approved of a Statement of Intent to Pay Prevailing Wages form for the entire project and
FOURTH AMENDMENT to COA 2023-2024 Garbage/Waste Cleanup Services Contract
August 16,2029
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Docusign Envelope ID:1D2C6172-691F-40DF-B8EF-F039BA264B4C
appropriate billing cycle payrolls have been approved by the State Department of Labor&
Industries.
The Contractor will submit invoices to the City in the manner and on or before those dates
described in Exhibit B. A sample invoice is attached to this Contract as Exhibit C. Upon
acceptance of the invoice and receipt of the required intent and certified payrolls, the City
will process the invoice in the next billing/claim cycle. This Contract number (# COA
2023-2024 Garbage/Waste Cleanup Services Contract) must appear on all invoices
submitted. Copies of original supporting documents will be supplied to the City upon
request.
Unless otherwise agreed to in writing the total contract compensation to Contractor shall not
exceed NINE HUNDRED THIRTYSIX THOUSAND DOLLARS AND 00/100
($79,500.00906,000.00). The Contractor will not undertake any work or otherwise
financially obligate the City in excess of this amount without prior written authorization
consistent with this Contract.
2. EXHIBIT B to the Contract(entitled"Payment Terms") is amended to read:
EXHIBIT B
Payment Terms
Unless otherwise agreed to in writing the total contract compensation to Contractor shall
not exceed S NINE HUNDRED THIRTYSIX THOUSAND DOLLARS AND
00/100 ($739,500.00906,000.00).
Work shall be invoiced by the Contractor based upon semimonthly billing cycles. The first
billing cycle of the month shall include dumping fees,hours of work performed at the
contract rates shown below and any other appropriate billing expenses incurred from the 1st
through the,15th calendar day of the month with the second billing cycle to include
dumping fees,work performed and any other appropriate billing expenses incurred from
the 16th through the last calendar day of the month.
Contract Rates
Description Unit Unit Proposal
Bid Item 1 —Hourly Wage:
Administrative Personnel Per Hour $ 110.00
Lead Onsite Technician Per.Hour $ 99.40
Junior Onsite Technician Per Hour $ 88:04
Equipment Operator Per Hour, $ 131.86.
Truck Driver Per Hour $ 125.31
*Bid Item 2—Material Disposal Per Ton $ 165.61
*King County.Dump Fees effective January 1, 2022, but subject to change.
FOURTH AMENDMENT to COA 2023-2024 Garbage/Waste Cleanup Services Contract
August 16,2024
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Docusign Envelope ID:1D2C6172-691F-40DF-B8EF-F039BA264B4C
The Contractor shall endeavor to have invoices submitted to the City by the 23rd calendar day of
the month for work performed in the months first semimonthly billing cycle(1st— 15th) and by
the 8th calendar day of the month following the second semimonthly billing cycle (16th—last day
of the month). All invoices submitted by the Contractor shall be in a form similar to that depicted
in Exhibit C below or some other form acceptable to the City. Included with all invoices
submitted to the City shall be the certified payroll approved by Washington State Labor&
Industries. Upon receipt of each invoice submitted by the Contractor,the City shall work
diligently to review and approve of said invoice or request additional documentation from the
Contractor. Upon approval of a submitted invoice the City will process the invoice for payment
in the City's next available check run.
All invoices should be submitted to the City's designated contract representative and in the
manner described in Section 12 of the Contract.
3. All other terms of the Contract are to remain the same.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed
effective as of the date set forth above.
CITY-OF AUBURN TOTEM LOGISTICS INC,
w,.... : DBA: SEATTLE JUNK KING
,—DocuS( ned by: DocuSigned by:
PM , Scoff PkfOC I4FViLUJ40463...
Nancy Backus,Mayor David Scott Page, President
Approved as to form:
,—Signed by:
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Jason Whalen, City Attorney
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FOURTH AMENDMENT to COA 2023-2024 Garbage/Waste Cleanup Services Contract
August 16,2024
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