HomeMy WebLinkAboutCAG2022-178 - Amendment - #1 - Mithun, Inc. - Mill Creek Canyon Earthworks Park Master Plan - 09/09/2022ApprovalOriginator: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
Lynn Osborn Parks, Recreation & Community Services
08/26/2022 Earliest possible please
N/A
P21036
4
4
N/A
43251
Contract
Amendment
$21,003.00
05/09/2022
Other
12/31/2023
4
4
4
BH
BH
09/09/2022
AMENDMENT - 1 OF 2
AMENDMENT NO. 1
NAME OF CONSULTANT OR VENDOR: Mithun, Inc.
CONTRACT NAME & PROJECT NUMBER: Mill Creek Canyon Earthworks Parks Framework
Plan,PK22-02
ORIGINAL AGREEMENT DATE: 05/09/2022
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 provide public engagement exhibits and
materials, and a cultural resources narrative and site plan.
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
$324,995.00
Net Change by Previous Amendments
including applicable WSST
$N/A
Current Contract Amount
including all previous amendments
$$324,995.00
Current Amendment Sum $21,003.00
Applicable WSST Tax on this
Amendment
$0.00
Revised Contract Sum $345,998.00
AMENDMENT - 2 OF 2
Original Time for Completion
(insert date)
12/31/2023
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:
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\Mill Creek Earthworks Park\PK22-02 MC Canyon Earthworks Renovation\Contracts\Mithun-Master Plan-AMENDMENT 1
Brian Levenhagen (Sep 9, 2022 08:29 PDT)
Brian Levenhagen
Sep 9, 2022
Sep 9, 2022
Partner
Debra Guenther
Mithun Template March 2022
SCOPE/FEE MODIFICATION
TO OWNER AND ARCHITECT AGREEMENT
Mithun Project No.: 172690
Modification No.: 01
This document is a modification to an existing agreement between Mithun and the Owner for the
following project.
Owner’s Name: City of Kent
Project Name: Mill Creek Canyon Earthworks Park Framework Plan
Date of Original Agreement: 05/05/2022
Date of Modification: 08/12/2022
MODIFICATION TO SCOPE OF PROJECT:
Mithun will design and construct public engagement exhibits to gather comments and input
during in person events. The design will be reviewed with Kent Parks prior to construction. The
exhibit design and construction will be covered under a proposed fee of a not to exceed
amount for materials and labor and added onto Task D – Public Engagement. ($16,000)
As an additional component to the analysis work done for Mill Creek Canyon Earthworks Park,
Mithun will collaborate with a cultural resources consultant to determine guidelines for
improvements to Earthworks Park landmarked areas. The proposed fee for this work is $5,003
and includes a 15% mark up. This will be a new Task in the scope of work, Task E – Cultural
Resources.
The scope for this work, is as follows:
• Research: review of the designation ordinance and landmark nomination
to identify the nominated property and significant features. Review of available historic
drawings and aerials to confirm and provide additional detail if significant features are
not clearly identified in the nomination.
• Site visit: site visit to walk the site, review design question locations, and
confirm boundary and significant feature details.
• Analysis and Writing: Summarize the process and findings. Map the
boundary and significant features in GIS for exporting as a PDF. For each key design
area question, provide a bulleted list of considerations, best practices, and parameters
relative to U.S. Secretary of the Interior’s Standards for Rehabilitation compliance.
• Meetings: Up to three meetings to discuss analysis data and talk through
questions on design approaches and parameters relative to U.S. Secretary of the
EXHIBIT A
Mithun Template March 2022 2 of 3
Interior’s Standards for Rehabilitation compliance.
MODIFICATION TO SCOPE OF SERVICES:
Design and construction of public engagement exhibits and related materials.
Cultural resources narrative and site plan to identify property designations and significant
features.
Mithun Template March 2022 3 of 3
MODIFICATION TO COMPENSATION:
Amount of this modification ☐Hourly ☒Hourly not
to exceed ☐Fixed Fee $21,003
Amount of previous modifications $0.00
Amount of original agreement $324,995
TOTAL $345,998
MODIFICATION TO TIME OF CONTRACT:
This modification does not extend the duration of the contract.
MODIFICATION TO ARTICLES:
N/A
OWNER: ARCHITECT:
By: By:
Owner or Owner’s Authorized Representative Mithun, Inc.
(Signature) (Signature)
Name: Name:
Title: Title:
Debra Guenther, FASLA
Partner
June 28, 2022
Terry Jungman
Park Planning and Development Manager
Parks, Recreation & Community Services
220 Fourth Ave South
Kent, WA 98032
Re: Mill Creek Canyon Earthworks Park Public Engagement
Proposal Amendments
Mithun Project No. 1725500
Dear Terry:
Per our discussions, please see the following summary of the
additional scope and fee amendment to the Public Engagement
task of the Framework Plan. Please review and let us know if you
have any questions. If this aligns with your team’s understanding,
we will follow up with a more formal proposal.
Sincerely,
Steve Carlucci
COST SUMMARY (Public Engagement Exhibits)
Total
Materials $5000-7000
Labor $7000-9000
Proposed Fee (not to exceed) $16,000
*Architectural fees to be billed hourly. Travel time and related expenses are not included in this fee
summary and will be billed as itemized expenses, including billable travel time, transportation,
vehicle rentals.
Fee/Schedule Assumptions
• To be provided in a more detailed estimate following initial approval.
• Public Engagement exhibit materials to be provided prior to the 7/16/2022 event
in the park.
• Mithun to transport materials to event.
August 4, 2022
Mithun
Attn: Debra Guenther, Partner
Pier 56, 1201 Alaskan Way #200
Seattle, WA 98101
RE: Mill Creek Canyon Park Master Plan | Mithun Project #1726900
Dear Ms. Guenther:
Northwest Vernacular, Inc. is happy to provide a proposal for services to support Mithun in
developing the Mill Creek Canyon Park Master Plan through application of the U.S. Secretary
of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for the
Treatment of Cultural Landscapes.
We propose a total not to exceed fee of $4,350.00 inclusive reimbursables. All hours will
be billed at our standard rate of $125. Reimbursables are listed below. Any additional fees for
insurance certificates (such as waiver of subrogation) will be passed on with a 10-percent mark
up.
Both of NWV’s co-founders, Spencer Howard and Katie Pratt exceed the Secretary of the
Interior’s Professional Qualifications (Federal Regulations, 36 CFR Part 61) for Architectural
History. Katie exceeds the Secretary of the Interior’s Professional Qualifications for History.
Deliverables:
• WORD process narrative, PDF site plan identifying designated property and significant
features, draft and final.
• Meetings, up to three, with Mithun and City staff
Schedule:
• Draft within 60-days from notice to proceed.
• Final within 2 weeks of receipt of client edits.
Tasks:
• Research [14 hours]: review of the designation ordinance and landmark nomination
to identify the nominated property and significant features. Review of available historic
drawings and aerials to confirm and provide additional detail if significant features are
not clearly identified in the nomination.
(Page 2)
• Site visit [2 hours]: site visit to walk the site, review design question locations, and
confirm boundary and significant feature details.
• Analysis and Writing [12 hours]: Summarize the process and findings. Map the
boundary and significant features in GIS for exporting as a PDF. For each key design
area question, provide a bulleted list of considerations, best practicesm and parameters
relative to U.S. Secretary of the Interior’s Standards for Rehabilitation compliance.
• Meetings [6 hours]: Up to three meetings to discuss analysis data and talk through
questions on design approaches and parameters relative to U.S. Secretary of the
Interior’s Standards for Rehabilitation compliance.
Reimbursable Expenses
• Total not to exceed fee: $100
We have included an estimated budget for reimbursable expenses. These will include mileage
($0.625 per mile) to and from the site along with any parking.
We appreciate the opportunity to provide a proposal for our services. Should you have any
questions or concerns, please don’t hesitate to contact me.
Best wishes,
Katie Pratt
Co-Founder + Architectural Historian
Signature:
Email:
Signature:
Email:
Signature:
Email:
bhiggins@kentwa.gov rlashley@kentwa.gov
Melissa McCormick (Sep 9, 2022 11:39 PDT)
Melissa McCormick
cityclerk@kentwa.gov
E-TRANSMITTAL: Amdt. 1 for Mill Creek
Canyon Earthworks Park
Final Audit Report 2022-09-09
Created:2022-08-26
By:Lynn Osborn (losborn@kentwa.gov)
Status:Signed
Transaction ID:CBJCHBCAABAADSzBRr-M_whEi6C4MKjAczsnOJPc8Xqi
"E-TRANSMITTAL: Amdt. 1 for Mill Creek Canyon Earthworks
Park" History
Document created by Lynn Osborn (losborn@kentwa.gov)
2022-08-26 - 6:15:19 PM GMT- IP address: 146.129.252.126
Document emailed to Bryan Higgins (bhiggins@kentwa.gov) for signature
2022-08-26 - 6:20:37 PM GMT
Email viewed by Bryan Higgins (bhiggins@kentwa.gov)
2022-08-26 - 7:57:44 PM GMT- IP address: 146.129.252.126
Document e-signed by Bryan Higgins (bhiggins@kentwa.gov)
Signature Date: 2022-08-26 - 7:58:15 PM GMT - Time Source: server- IP address: 146.129.252.126
Document emailed to Ronald Lashley (rlashley@kentwa.gov) for signature
2022-08-26 - 7:58:17 PM GMT
Email viewed by Ronald Lashley (rlashley@kentwa.gov)
2022-08-29 - 11:39:10 PM GMT- IP address: 73.239.234.12
Document e-signed by Ronald Lashley (rlashley@kentwa.gov)
Signature Date: 2022-08-29 - 11:45:49 PM GMT - Time Source: server- IP address: 73.239.234.12
Document emailed to bjlevenhagen@kentwa.gov for signature
2022-08-29 - 11:45:53 PM GMT
Email viewed by bjlevenhagen@kentwa.gov
2022-09-09 - 3:28:49 PM GMT- IP address: 146.129.252.126
Signer bjlevenhagen@kentwa.gov entered name at signing as Brian Levenhagen
2022-09-09 - 3:29:18 PM GMT- IP address: 146.129.252.126
Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov)
Signature Date: 2022-09-09 - 3:29:19 PM GMT - Time Source: server- IP address: 146.129.252.126
Document emailed to Debra Guenther (debrag@mithun.com) for signature
2022-09-09 - 3:29:24 PM GMT
Email viewed by Debra Guenther (debrag@mithun.com)
2022-09-09 - 3:48:23 PM GMT- IP address: 104.47.56.126
Document e-signed by Debra Guenther (debrag@mithun.com)
Signature Date: 2022-09-09 - 3:50:52 PM GMT - Time Source: server- IP address: 174.127.172.83
Document emailed to Kim Komoto (kkomoto@kentwa.gov) for signature
2022-09-09 - 3:50:54 PM GMT
Email viewed by Kim Komoto (kkomoto@kentwa.gov)
2022-09-09 - 6:11:21 PM GMT- IP address: 146.129.252.126
Document e-signed by Kim Komoto (kkomoto@kentwa.gov)
Signature Date: 2022-09-09 - 6:11:37 PM GMT - Time Source: server- IP address: 146.129.252.126
Document emailed to cityclerk@kentwa.gov for signature
2022-09-09 - 6:11:39 PM GMT
Email viewed by cityclerk@kentwa.gov
2022-09-09 - 6:39:01 PM GMT- IP address: 146.129.252.126
Signer cityclerk@kentwa.gov entered name at signing as Melissa McCormick
2022-09-09 - 6:39:25 PM GMT- IP address: 146.129.252.126
Document e-signed by Melissa McCormick (cityclerk@kentwa.gov)
Signature Date: 2022-09-09 - 6:39:26 PM GMT - Time Source: server- IP address: 146.129.252.126
Agreement completed.
2022-09-09 - 6:39:26 PM GMT