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HomeMy WebLinkAboutCAG2020-140 - Amendment - #4 - The Berger Partnership P.S. - Kent Memorial Park Renovation Concept & Schematic Design - 07/14/2021ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Date of Council Approval: Grant? Yes No Type:Review/Signatures/RoutingComments: 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* Business License Verification: Yes In-Process Exempt (KCC 5.01.045) 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. Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Sup/Mgr: rev. 20210513 FOR CITY OF KENT OFFICIAL USE ONLY * Memo to Mayor must be attached Dir. Assist: 4 06/24/2021 Amendment624530 Parks, Recreation & Community ServicesLynn Osborn for Kerry O'Connor 12/31/2021 4 06/29/2021 05/18/2020 N/A 4 Other P21030 Contract $108,219.00 N/A 4 4 4 TJ TJ 07/15/2021 AMENDMENT - 1 OF 2 AMENDMENT NO. 4 NAME OF CONSULTANT OR VENDOR: Berger Partnership CONTRACT NAME & PROJECT NUMBER: Kent Memorial Park Renovation Design ORIGINAL AGREEMENT DATE: 05/18/2020 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: Authorize additional planning and design services by subconsultants due to unforeseen constraints related to stormwater and floodplain. 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 $99,100.00 Net Change by Previous Amendments including applicable WSST $0.00 Current Contract Amount including all previous amendments $99,100.00 Current Amendment Sum $9,119.00 Applicable WSST Tax on this Amendment $0.00 Revised Contract Sum $108,219.00 AMENDMENT - 2 OF 2 Original Time for Completion (insert date) 09/30/2020 Revised Time for Completion under prior Amendments (insert date) 12/31/2021 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: Print Name: Its DATE: CITY OF KENT: By: Print Name: Brian Levenhagen Its Parks, Recreation & Community Svcs. Deputy Director DATE: ATTEST: ___________________________ Kent City Clerk APPROVED AS TO FORM: (applicable if Mayor’s signature required) Kent Law Department P:\Planning\Kent Memorial Park\PK20-05 KMP Renovation\1Design\Berger-ConceptSchematicDesign-AMENDMENT 4 Brian Levenhagen (Jul 14, 2021 17:24 PDT) Jul 14, 2021 Principal Andy Mitton Jul 14, 2021 Landscape Architecture Urban Design Berger Partnership PS 1927 Post Alley, Ste. 2 Seattle, WA 98101 206 325 6877 bergerpartnership.com 05.17.2021 Terry Jungman Kent Parks, Recreation and Community Services 220 Fourth Ave. S. Kent, WA 98032 Proposal for Landscape Architectural Services –   Additional Services Request, Kent Memorial Park Subconsultant Out of Scope Work   Terry: During Concept Planning and Schematic Design, subconsultants were asked to perform work outside of their scoped contracts. At the time of work it was discussed to incorporate out of scope fees into a future contract extension. However, cost feasibility studies have put the project indefinitely on hold. This additional service request covers the following work:  $3,500: Schemata Workshop related to planning and scoping work outside of the contracted Building Assessment.  $2,065: LPD Engineering PLLC for development and coordination of design development level storm water and flood modeling/detailing to aid in feasibility/costs for two field layout options.  $2,725: DA Hogan for development and coordination of design development level detailing to aid in feasibility/costs for two field layout options. Additional information elaborating on the above fee requests from each subconsultant are attached for reference. Fees   Based on the above scope of services identified, we have established a time and expense fee of $9,119.00. This amount includes 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 work with you to find a feasible plan for Kent Memorial Park. 05.17.2021  Terry Jungman  Kent Parks, Recreation and Community Services  Proposal for Landscape Architectural Services ‐ Additional Services Request,   Kent Memorial Park Subconsultant Out of Scope Work  Page 2 of 2  Sincerely, Berger Partnership PS Approved  Andy Mitton Principal, ASLA, PLA Date schemata workshop inc 1720 12th avenue, seattle wa 98122 www.schemataworkshop.com 206.285.1589 10 April 2021 Andy Mitton, Principal Berger Partnership PS 1927 Post Alley, Ste. 2 Seattle, WA 98101 Dear Andy: Re: Architectural Consulting Services – Kent Memorial Park As we have discussed, I am preparing this letter as and additional service request for work performed to support the planning efforts of the Kent Memorial Park Concept Plan. In addition to the existing building assessment, which was approved under our contract, we also performed work related the planning and scoping phase that was outlined in our original proposal dated 22 April 2020. This included working with Berger Partnership to explore various site plan options related to the existing building, restrooms, and site access. Additionally, we participated in a couple meetings pertaining to the effort. On August 11th, 2020 we contributed to a meeting with Berger and representatives of the Parks, Recreation, & Community Services Department that included Terry Jungman, Bryan Higgins, and Kerry O’Conner. Then on September 22nd, 2020 we also joined a meeting with Chris Wadsworth to discuss the impacts to the flood conditions at the site. The additional efforts Schemata Workshop undertook related to the planning and scoping work attributed to the tasks beyond what was contracted amounts to $3,500. Thank you again for your consideration of this additional services request. Respectively Submitted, Geoff E. Anderson, AIA Principal, Schemata Workshop 1932 First Avenue, Suite 201 Seattle, Washington 98101 P. 206.725.1211 F. 206.973.5344 lpdengineering.com Proposal for Additional Civil Engineering Services Additional Services Agreement (ASA) #1 Date: May 18, 2021 To: Berger Partnership 1927 Post Alley, Suite 2 Seattle, WA 98101 Attn: Stephanie Woirol From: Laurie J. Pfarr, P.E. Project: Kent Memorial Park – ASA #1 LPD Number: 098-20-02 Thank you for the opportunity to provide this additional services proposal, which is an amendment to our original Proposal for Civil Engineering Services dated May 04, 2020. This proposal is to confirm our understanding of the scope of services and compensation for the additional services. We look forward to continued work with you on this project. Description and Scope of Additional Services LPD is requesting additional services for services during Schematic Design. Due to the project findings of a high flood plain elevation, very high ground water elevation, as well as a high elevation of Mill Creek and drainage system with Central Ave N, all compared to the elevation of the site, created a much more complicated and non-standard design of the stormwater system. To provide preliminary/conceptual costs associated with the improvements, a much greater level of modeling and design was required. Proposed Fee for Additional Services Our fee for additional services is $2,065.00. A ssumptions and Exclusions • Unless otherwise noted, the same assumptions, exclusions, and terms and conditions from the original proposal apply. • All notifications to the Architect of additional services by LPD will be forwarded to the Owner in a timely manner. May 18, 2021 Proposal for Additional Civil Engineering Services – ASA #1 Kent Memorial Park Page 2 lease notify us if you have any concerns or disagree with any of the scope, terms, or conditions. This proposal constitutes the entire agreement for ASA #1 between the client and LPD Engineering PLLC and supersedes any prior understanding or representation of any kind preceding the date of this proposal. This proposal will serve as an amendment to our Proposal with Berger Partnership for civil engineering services for the Kent Memorial Park project dated May 04, 2020. We request that you sign and return a copy of this document to confirm you have read and agree with the contents of this additional services proposal and the enclosed Schedule of Conditions dated January 1, 2020. We look forward to continuing our work with you on this project. Sincerely, LPD Engineering PLLC _________________________ Laurie J. Pfarr, P.E. Principal | Owner ________________________________________________ For Berger Partnership Date cc: File  MEMORANDUM    To: Stephanie Woirol   The Berger Partnership    Cc: File    From: Eric Gold     Date: April 12, 2021    Re: Kent Memorial Park – Art Wright5 Field   Additional Services Request (ASR) 1      As previously discussed, the Schematic Design Phase of this project advanced certain aspects and detailing well into  the Design Development, perhaps even Construction Documents, Phase of Engineering & Design.  While we  appreciate the need to produce a feasible, constructible Schematic Design, the unique conditions at the site –  specifically shallow ground water and flood zone ‐ required a far more coordinated effort than could have been  reasonably expected.  Fortunately, between TBP, LPD Engineering, and our efforts, we seem to have a working  solution.    With this in mind, we are requesting additional fee in advance of possible future Design Development & Construction  Document phases.    The following itemizes actual work effort to effect these changes to the drawings:    Coordination Meeting 3‐5‐21 (Prep., Meeting, and Follow‐up)    Position / Name Rate/Hr Hrs Total  Principal LA / Eric Gold $205/hr 2 $410  Landscape Designer / Renee Finney $110/hr 3 $330        Total 5 $740    Coordination Meeting 3‐12‐21 (Prep., Meeting, and Follow‐up)    Position / Name Rate/Hr Hrs Total  Principal LA / Eric Gold $205/hr 4 $820  Landscape Designer / Renee Finney $110/hr 3 $330        Total 7 $1,150    Coordination Meeting 3‐16‐21 (Prep., Meeting, and Follow‐up)    Position / Name Rate/Hr Hrs Total  Principal LA / Eric Gold $205/hr 3 $615  Landscape Designer / Renee Finney $110/hr 2 $220        Total 5 $835     Total Requested 17 $2,725    Signature: Email: Signature: Email: Signature: Email: Terry Jungman (Jun 24, 2021 11:58 PDT) Terry Jungman tjungman@kentwa.gov rlashley@kentwa.gov Melissa McCormick (Jul 15, 2021 08:18 PDT) Melissa McCormick cityclerk@kentwa.gov E-TRANSMITTAL: Amendment 4 to Kent Memorial Park Renovation Design agreement Final Audit Report 2021-07-15 Created:2021-06-24 By:Lynn Osborn (losborn@kentwa.gov) Status:Signed Transaction ID:CBJCHBCAABAAi7LLeQ3iN-9NyF-u2mBasBEejSDh7l7f "E-TRANSMITTAL: Amendment 4 to Kent Memorial Park Reno vation Design agreement" History Document created by Lynn Osborn (losborn@kentwa.gov) 2021-06-24 - 6:05:39 PM GMT- IP address: 146.129.252.126 Document emailed to Terry Jungman (tjungman@kentwa.gov) for signature 2021-06-24 - 6:08:45 PM GMT Email viewed by Terry Jungman (tjungman@kentwa.gov) 2021-06-24 - 6:55:15 PM GMT- IP address: 146.129.252.126 Document e-signed by Terry Jungman (tjungman@kentwa.gov) Signature Date: 2021-06-24 - 6:58:26 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Ronald Lashley (rlashley@kentwa.gov) for signature 2021-06-24 - 6:58:29 PM GMT Email viewed by Ronald Lashley (rlashley@kentwa.gov) 2021-06-24 - 7:14:30 PM GMT- IP address: 146.129.252.126 Document e-signed by Ronald Lashley (rlashley@kentwa.gov) Signature Date: 2021-06-24 - 7:22:19 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Brian Levenhagen (bjlevenhagen@kentwa.gov) for signature 2021-06-24 - 7:22:21 PM GMT Email viewed by Brian Levenhagen (bjlevenhagen@kentwa.gov) 2021-06-24 - 9:03:28 PM GMT- IP address: 146.129.252.126 Email viewed by Brian Levenhagen (bjlevenhagen@kentwa.gov) 2021-07-15 - 0:23:41 AM GMT- IP address: 146.129.252.126 Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date: 2021-07-15 - 0:24:06 AM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Andy Mitton (andym@bergerpartnership.com) for signature 2021-07-15 - 0:24:07 AM GMT Email viewed by Andy Mitton (andym@bergerpartnership.com) 2021-07-15 - 0:27:42 AM GMT- IP address: 71.212.30.72 Document e-signed by Andy Mitton (andym@bergerpartnership.com) Signature Date: 2021-07-15 - 0:39:00 AM GMT - Time Source: server- IP address: 71.212.30.72 Document emailed to Kim Komoto (kkomoto@kentwa.gov) for signature 2021-07-15 - 0:39:02 AM GMT Email viewed by Kim Komoto (kkomoto@kentwa.gov) 2021-07-15 - 2:33:22 PM GMT- IP address: 146.129.252.126 Document e-signed by Kim Komoto (kkomoto@kentwa.gov) Signature Date: 2021-07-15 - 2:33:46 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Melissa McCormick (cityclerk@kentwa.gov) for signature 2021-07-15 - 2:33:48 PM GMT Email viewed by Melissa McCormick (cityclerk@kentwa.gov) 2021-07-15 - 3:14:40 PM GMT- IP address: 146.129.252.126 Document e-signed by Melissa McCormick (cityclerk@kentwa.gov) Signature Date: 2021-07-15 - 3:18:42 PM GMT - Time Source: server- IP address: 146.129.252.126 Agreement completed. 2021-07-15 - 3:18:42 PM GMT