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HomeMy WebLinkAboutCAG2022-178 - Amendment - #2 - Mithun, Inc. - Mill Creek Canyon Earthworks Park Master Plan - 02/09/2023Ap p r o v a l Originator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Mayor Date of Council Approval: Grant? Yes No Type: Re v i e w / Si g n a t u r e s / R o u t i n g Date Received by City Attorney: Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office: Ag r e e m e n t I n f o r m a t i o n Vendor 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 Dir Asst: Sup/Mgr: Dir/Dep: rev. 20200218 FOR CITY OF KENT OFFICIAL USE ONLY (Optional) * Memo to Mayor must be attached N/A N/A KateLynn Jennings for Bryan Higgins Parks, Recreation & Community Services 2/2/2023 Soonest possible please 4 11/15/2022 P21036 4 4 N/A Contract 43251 Amendment $15,360 5/9/2022 Other 12/31/2023 4 4 4 TJ TJ AMENDMENT - 1 OF 2 AMENDMENT NO. 2 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 additional inventory and analysis, alternatives development, and final framework 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 $21,003.00 Current Contract Amount including all previous amendments $345,998.00 Current Amendment Sum $15,360.00 Applicable WSST Tax on this Amendment $0.00 Revised Contract Sum $361,358.00 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: Its 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 Debra Guenther Partner 02/09/23 Julie Parascondola (Feb 9, 2023 17:27 PST) 2-9-23 Julie Parascondola, CPRE Director, Parks, Recreation and Community Services Mithun Template March 2022 SCOPE/FEE MODIFICATION TO OWNER AND ARCHITECT AGREEMENT Mithun Project No.: 172690 Modification No.: 02 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: 01/18/2023 MODIFICATION TO SCOPE OF PROJECT: MODIFICATION TO SCOPE OF SERVICES: Task A: Inventory and Analysis Additional Interdepartmental Responses to Analysis and Timeline •King County Historical Commission meeting re: timeline •Revise analysis and timeline in response to additional interdepartmental comments Earthworks Park Historic Landmark Engagement •Early discussions to assess commission response re: ADA access and restroom area renovations •Prepare exhibits for KC Landmarks Commission and Kent Landmark Commission, including high level extents of grading study •Meet with KC Landmarks Commission (one person from Mithun. NWV time is included in prior additional services contract) •Meet with Kent Landmarks Commission (one person from Mith un) •Prepare follow up memo Task B: Alternatives Development Increased coordination during alternatives development with City of Kent Parks team •Four meetings completed as identified in scope. •Hold three additional CoK meetings: 3/16;3/23;3/30 (two people from Mithun) •Includes time to iteratively respond to additional discussion and integrate into design and costing Exhibit A Mithun Template March 2022 2 of 2 Task C: Final Framework Plan (targeting completion by April/May 2023) Increased coordination during preferred alternative development with City of Kent Parks tea m • Three meetings included in the current scope • Additional three meetings anticipated to address unknowns, phasing questions, additional feedback from community, departments and/or other stakeholders • Mithun will advance the work in this task based on client direction and may not utilize this entire fee. MODIFICATION TO COMPENSATION: Amount of this modification 02 ☐Hourly ☒Hourly not to exceed ☐Fixed Fee $15,360* Amount of modification 01 $21,003 Amount of original agreement $324,995 TOTAL $345,998 *Task A: Inventory and Analysis $6,840 Task B: Alternatives Development $3,960 Task C: Final Framework Plan $4,560 MODIFICATION TO TIME OF CONTRACT: N/A MODIFICATION TO ARTICLES: N/A OWNER: ARCHITECT: By: By: Owner or Owner’s Authorized Representative Mithun, Inc. (Signature) (Signature) Name: Brian Levenhagen Name: Debra Guenther, ASLA Title: Parks, Recreation & Community Svcs. Deputy Director Title: Partner Signature: Email: Signature: Email: Signature: Email: Terry Jungman (Feb 8, 2023 09:08 PST) Terry Jungman tjungman@kentwa.gov rlashley@kentwa.gov Melissa McCormick (Feb 13, 2023 07:07 PST) Melissa McCormick cityclerk@kentwa.gov E:TRANSMITTAL: Mithun-Master Plan- AMENDMENT 2 Final Audit Report 2023-02-13 Created:2023-02-08 By:KateLynn Jennings (kjennings@kentwa.gov) Status:Signed Transaction ID:CBJCHBCAABAAJlK5O4AF1lygwl4f4ZxifxB8AdnyLQ0K "E:TRANSMITTAL: Mithun-Master Plan-AMENDMENT 2" Histor y Document created by KateLynn Jennings (kjennings@kentwa.gov) 2023-02-08 - 5:01:32 PM GMT- IP address: 146.129.252.126 Document emailed to tjungman@kentwa.gov for signature 2023-02-08 - 5:02:24 PM GMT Email viewed by tjungman@kentwa.gov 2023-02-08 - 5:07:10 PM GMT- IP address: 146.129.252.126 Signer tjungman@kentwa.gov entered name at signing as Terry Jungman 2023-02-08 - 5:08:26 PM GMT- IP address: 146.129.252.126 Document e-signed by Terry Jungman (tjungman@kentwa.gov) Signature Date: 2023-02-08 - 5:08:28 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Ronald Lashley (rlashley@kentwa.gov) for signature 2023-02-08 - 5:08:29 PM GMT Email viewed by Ronald Lashley (rlashley@kentwa.gov) 2023-02-09 - 8:35:47 PM GMT- IP address: 146.129.252.126 Document e-signed by Ronald Lashley (rlashley@kentwa.gov) Signature Date: 2023-02-09 - 9:36:56 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Debra Guenther (debrag@mithun.com) for signature 2023-02-09 - 9:36:57 PM GMT Email viewed by Debra Guenther (debrag@mithun.com) 2023-02-09 - 9:40:01 PM GMT- IP address: 104.47.56.126 Document e-signed by Debra Guenther (debrag@mithun.com) Signature Date: 2023-02-09 - 9:40:37 PM GMT - Time Source: server- IP address: 209.210.11.25 Document emailed to Julie Parascondola (jparascondola@kentwa.gov) for signature 2023-02-09 - 9:40:38 PM GMT Email viewed by Julie Parascondola (jparascondola@kentwa.gov) 2023-02-10 - 1:26:44 AM GMT- IP address: 146.129.252.126 Document e-signed by Julie Parascondola (jparascondola@kentwa.gov) Signature Date: 2023-02-10 - 1:27:03 AM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Kim Komoto (kkomoto@kentwa.gov) for signature 2023-02-10 - 1:27:04 AM GMT Email viewed by Kim Komoto (kkomoto@kentwa.gov) 2023-02-10 - 1:48:38 AM GMT- IP address: 146.129.252.126 Document e-signed by Kim Komoto (kkomoto@kentwa.gov) Signature Date: 2023-02-10 - 1:48:47 AM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to cityclerk@kentwa.gov for signature 2023-02-10 - 1:48:49 AM GMT Email viewed by cityclerk@kentwa.gov 2023-02-13 - 3:07:30 PM GMT- IP address: 146.129.252.126 Signer cityclerk@kentwa.gov entered name at signing as Melissa McCormick 2023-02-13 - 3:07:52 PM GMT- IP address: 146.129.252.126 Document e-signed by Melissa McCormick (cityclerk@kentwa.gov) Signature Date: 2023-02-13 - 3:07:54 PM GMT - Time Source: server- IP address: 146.129.252.126 Agreement completed. 2023-02-13 - 3:07:54 PM GMT