HomeMy WebLinkAboutPK17-548 - Amendment - #2 - Berger Partnership PS - West Fenwick Park Renovation Phase II Design - 11/07/2019 Agreement Routing Form
KEN T For Approvals,Signatures and Records Management Director initials
WASHIN T.
This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper) Manager initials 1 J
Originator. Lynn Osborn for Terry Jungman Department: parks
Date Sent: 11/8/19 Date Required: Soonest possible please
A
0 Authorized ❑� Director Date of
1.
, to Sign: Council n/a
Cl.
Mayor Approval:
Budget Grant? Yes ❑✓ No
Account P21030
Number. Type: N/A
Vendor The Berger Partnership Category.g ry. Contract
Name:
Vendor 624530
p Number: Sub-Category Amendment
R Project
E Name: west Fenwick Park Renovation Phase 2 Design, Amendment #2
0
Project
C Details: smelter plume soil assessment added for $18,040.00
c
0 Agreement Basis for
E g $299 403.00 - NEW
19 Amount: Selection of Direct Negotiation
L Contractor.
Q Start Date: 11/30/2017 Termination Date: 12/31/2020
Notice required prior to Yes No Contract Number: �-
disclosure? 1:1
Date Received by City Attorney: Comments:
v�
c
3
0
N
41
L
3
a
_c Date Routed to the Mayor's Office:
N
Date Routed to the City Clerk's Office:
d
Date Sent to Originator.
Visit Documents.KentWA.gov to obtain copies of all agreements
adccW22373_6_19
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KENT
WAS H I N G T�N
AMENDMENT NO. 2
NAME OF CONSULTANT OR VENDOR: Bercier Partnership
CONTRACT NAME & PROJECT NUMBER: West Fenwick Park Renovation Phase 2, PK20-03
ORIGINAL AGREEMENT DATE: 11/30/2017
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:
As described in attached Exhibit A, incorporated herein,
consultant shall sample, test and assess the potential presence
of arsenic- and lead-contaminated soil in accordance with the
Tacoma Smelter Plume Model Remedies Guidance publication.
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, $215,298.00
including applicable WSST
Net Change by Previous Amendments $66,065.00
including applicable WSST
Current Contract Amount $281,363.00
including all previous amendments
Current Amendment Sum $18,040.00
Applicable WSST Tax on this $0.00
Amendment
Revised Contract Sum $299,403.00
AMENDMENT - 1 OF 2
Original Time for Completion 12/31/2019
(insert date)
Revised Time for Completion under 12/31/2020
prior Amendments
(insert date)
Add'I Days Required (f) for this 0 calendar days
Amendment
Revised Time for Completion N/A
(insert date)
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: CITY OF KENT:
By: By
(signature) (signature)
Print Name: Andy Mitton Print Name: 3r►ah Le vegh t�i
Its Principal Its Parks, Recreation & Community Svcs.
(title) � Di rec fc-'r
DATE: 11/07/2019 (title)
DATE:
ATTEST: APPROVED AS TO FORM:
(applicable if Mayor's signature required)
r
Kent City Clerk Kent Law Department
P:\Planning\West Fenwick Park\West Fenwick Park Renovation Phase 2\1Design Phase\WF Reno PhII Design-Berger-AMENDMENT#2
AMENDMENT - 2 OF 2
EXHIBIT A
PARTNERSHIP
11.6.19 be rcrer
Terry Jungman
Kent Parks, Recreation and Community Services
220 Fourth Ave. S.
Kent, WA 98032
Proposal for Landscape Architectural Services-Additional Services Request,West Fenwick
Park Environmental Soil Characterization
Terry:
Based on feedback from the Department of Ecology related to our SEPA checklist, we
have engaged Associated Earth Sciences Inc. to perform an Environmental Soil
Characterization to assess onsite soils. This letter outlines our proposed additional
services related to this request.
Environmental Soil Characterization
The purpose of this soil characterization is to assess the potential presence of soils
containing concentrations of arsenic and lead exceeding the Washington State Model
Toxics Control Act (MTCA) Method A cleanup levels. AESI's soil characterization
activities will be completed in general accordance with the Tacoma Smelter Plume
Model Remedies Guidance and as outlined in the following proposed scope of
services:
1. Prepare a site-specific health and safety plan.
2. Complete a geo-referenced site plan mapping out all sample locations in an
approximately evenly spaced grid in accordance with the Tacoma Smelter
Plume Model Remedies Guidance prior to sampling. The Subject Property will
be referred to as Decision Unit#1 (DU1). Forty-five sample locations are
required based on the linear interpolation method outlined in the July 2019
Tacoma Smelter Plume Model Remedies Guidance.
3. Use hand-auger boring and sampling equipment to collect soil samples at all
locations identified in the geo-referenced sampling grid across the Subject
Property. Forty-five borings will extend to depths of approximately 0 to 6
inches below the ground surface (45 discrete samples). Every fourth boring
will additionally extend to depths from approximately 6 to 12 inches below the
ground surface (11 discrete samples). In addition, a composite of six duff
samples would also be collected if present (1 composite duff sample).A total
of 56 soil samples and 1 composite duff sample will be collected.
Landscape Architecture Berger Partnership Ps 206 325 6877
Urban Desi n 1927 Post Alley,Ste.2 bergerpartnership.com
g Seattle,WA 98101
EXHIBIT A(Continued)
11.6.19 PARTNERSHIP
Terry Jungman er er
Kent Parks,Recreation and Community Services
Proposal for Landscape Architectural Services-Additional Services Request,West Fenwick Park
Environmental Soil Characterization
Page 2 of 2
4. Submit the 57 samples to a subcontracted analytical laboratory for analysis of
arsenic and lead using Environmental Protection Agency (EPA) Method
6020A or equivalent State-approved method under standard turnaround time
of 10 business days.
5. Prepare a report summarizing the results of the soil characterization. The
report will include a site plan showing sampling locations, comparison of the
results to MTCA Method A cleanup levels in a summary table, laboratory
reports, and potential soil handling and remedial options as outlined in the
Tacoma Smelter Plume Model Remedies Guidance, if appropriate.
Assumptions
If unusual or unanticipated conditions are encountered that would involve additional
costs, we would immediately notify you to discuss modification of the study. Such
conditions may include additional environmental consulting, report preparation, and
testing beyond the proposed scope of work, or project meetings.
Fees
Based on the scope of services identified at this time, we have established a lump-sum
fee of$18,040.00 for landscape architectural services. Fees will be billed monthly
based upon the percentage of work completed. Printing, reprographic expenses, CAD
plots, travel costs, and other reimbursable expenses will be billed in addition to the
above fees at cost plus a 10%administrative mark-up.
If this proposal meets with your approval, please sign one copy and return it to our
office. If you have questions,would like more information, or wish to make any
modifications, please do not hesitate to contact us. We look forward to our continuing
working with you on West Fenwick Park. Work will be scheduled upon our receipt of the
signed proposal.
Sincerely,
Berger Partnership PS Approved
1
y
Andy Mitton
Principal
Date