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HomeMy WebLinkAboutCAG2022-402 - Amendment - #3 - The Berger Partnership, PS - Garrison Creek Park Schemiatic Design - 10/27/2023 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr:TJ Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dir/Dep:B,& — KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) W A S H I N G T O N Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Ron Lashley for Dana Wilk Parks, Recreation & Community Services Date Sent: Date Required: > 10/19/2023 10/24/2023 0 fl. Authorized to Sign: Date of Council Approval: aMayor or Designee 10/17/2023 Budget Account Number: Grant? Yes NOW] P21065 Budget?W]Yes E]No Type: N/A Vendor Name: Category: Berger Partnership, PS Contract Vendor Number: Sub-Category: = 624530 Amendment n Garrison Creek Park Schemiatic Design Project Name: g oProject Details: Third amendment to CAG2022-402. c c Basis for Selection of Contractor: � Agreement Amount: 247007.30 Sole Source *Memo to Mayor must be attached °.' Start Date: 09/01/2022 Termination Date: 12/31/2024 Q Local Business? Yes Who*If meets requirements perKCC3.70.100,pleasecomplete'VendorPurchose-LocolExceptions"formoncityspace. Business License Verification: W1 Yes In-ProcessD Exempt(KCC 5.01.045) Authorized Signer Verified Notice required prior to disclosure? Contract Number: Yes W1 No CAG2022-402 Comments: Original Contract- 4AA https://documents.kentwa.gov/WebLink/DocView.aspx?id=235971&dbid=O&repo=CityOfKent&searchid=f9327c6e-fa74-484e-8678- i 2014d4cc7484 3 Amendment#1 - _ = https://documents.kentwa.gov/WebLink/DocView.aspx?id=239628&dbid=O&repo=CityOfKent&searchid=f9327c6e-fa74-484e-8678- 1711 2014d4cc7484 3 0 Amendment#2- ?� https://documents.kentwa.gov/WebLink/DocView.aspx?id=250079&dbid=O&repo=CityOfKent&searchid=f9327c6e-fa74-484e-8678- 2014d4cc7484 N Date Received:City Attorney: 10/20/23 Date Routed:Mayor's Office City Clerk's Office adccW22373_1_20 r Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 O_ J'�'A • 4400 KENT W A S H I N G T O N AMENDMENT NO. 3 NAME OF CONSULTANT OR VENDOR: Berger Partnership, PS CONTRACT NAME & PROJECT NUMBER: Garrison Creek Park Schematic Design CAG2022-402 ORIGINAL AGREEMENT DATE: 10/13/2022 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 the attached Exhibit A, incorporated herein, consultant shall provide additional design through construction administration services. 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, $21,425.00 including applicable WSST Net Change by Previous Amendments $43,000.00 including applicable WSST Current Contract Amount $64,425.00 including all previous amendments Current Amendment Sum $182,582.30 Applicable WSST Tax on this n/a Amendment Revised Contract Sum $247,007.30 AMENDMENT - 1 OF 2 Original Time for Completion 4/30/2023 (insert date) Revised Time for Completion under 12/31/2024 prior Amendments (insert date) Add'1 Days Required (f) for this n/a Amendment Revised Time for Completion 12/31/2024 (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. j';Tj lla By Print Name: Andy Mitton Print Name: Dana Ralph Its Principal Its Mayor DATE: Oct 19,2023 DATE: 1 n" l?m 3 ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) 7&2d" Xzem " on behalf of Kent City Clerk Kent Law Department [In this field,you may enter the electronic filepath where the contract has been saved] AMENDMENT - 2 OF 2 Exhibit A P A R T N E R S H I P 9.25.23 berger Terry Jungman Parks, Recreation and Community Services City of Kent 220 Fourth Avenue South Kent,WA 98022 Proposal for Landscape Architectural Services—Garrison Creek Park CD's—CA Terry: We are pleased to provide you with this draft fee estimate for the Garrison Creek Park Improvement project.The following outlines our current understanding of the project as we have worked through details during Schematic Design. In addition to this narrative,the attached fee estimate worksheet details tasks to be completed,tentative schedule, and deliverables.We understand the goal is to be under construction in 2024. Design Team We have assembled a team of very qualified professionals to assist with the preparation of drawings,specifications,and estimates of probable construction costs for each aspect of park design.The team will be led by Berger Partnership,with Stephanie Woirol as the project manager and main contact for all information between the client and each team member. Andy Mitton, as principal-in-charge,will oversee site design. Coordination and management of the project will include the following scope of services for the duration of the project: • Project coordination: Host a bi-weekly meeting with the city to track progress and ensure project milestones are being met.This includes working together to make decisions and adjust project schedule as needed to keep the project on track. • Develop a project schedule that will identify milestones and when key deliverables are due. • Additional meetings and site visits are indicated in the detailed scope below that will be tracked on a regular basis to ensure project commitments are being met. Our team will be supported by a talented team of subconsultants who will assist with technical documentation and code compliance for the project. Design team members include: • KPFF Consulting Engineers- o Civil Engineer project lead, Bill Armor. Civil site design,grading,drainage, paving,temporary erosion and sedimentation control (TESC), parking and permitting support. Landscape Architecture Berger Partnership Ps 2063256877 Urban Desi n 1927 Post Alley,Ste.2 bergerpartnership.com g Seattle,WA 98101 Exhibit A(Continued) 9.25.23 PARTNERSHIP Terry Jungman Kent Parks,Recreation and Community Services berger Proposal for Landscape Architectural Services—Garrison Creek Park CD's—CA Page 2 of 7 o Structural Engineering support for light pole foundations/bases,fencing, shade structures,and assisting if needed with playground connections to the reservoir lid. • Mazzetti o Electrical Engineer, Eric Sweet.Scope includes sport court lighting consisting of 4 poles, light fixtures, conduit,wiring, pole bases and controls. • GeoEngineers o Geotechnical Engineering, Lyle J Stone.Scope includes test pit excavations and a site reconnaissance to develop geotechnical recommendations to support the project. Includes early determination for infiltration and additional infiltration testing if it is deemed feasible. Construction Documents(60%CD's/Site Development Permit) Work includes those tasks identified on the attached fee estimate worksheet and as follows: 1. This phase of work is assumed to occur November through December 2023. 2. The purpose of this phase is to develop 60%design furthering the schematic design phase with input from the public and technical review from Public Works.We will develop a site development permit package that will be submitted late October 2023. The remainder of the scope will focus on improvements to the reservoir lid that are assumed to not require a civil or building permit but may require permitting and review from Health Department. 3. Attend bi-weekly meetings with the city to coordinate all aspects of the project.This includes coordination with the public works project along S 218t"Street. 4. Scope associated with preparation of the 60%Design lid improvements: a. Finalize sport court surfacing details(utilizing grid system),and layout courts, nets and goals. Includes researching treatments to remove existing surfacing that has failed where required. i. Includes coordination with Public Works and identifying methods to test on the lid prior to completing construction documents. ii. Work will include coordination with PW regarding weight of added equipment,anchoring details,and any associated site access needs. b. Document modifications to the existing sport court fencing to remove some fencing, possibly change locations, identify new fencing segments, and address failing paint/coating. Exhibit A(Continued) 9.25.23 PARTNERSHIP Terry Jungman Kent Parks,Recreation and Community Services berger Proposal for Landscape Architectural Services—Garrison Creek Park CD's—CA Page 3 of 7 c. Playground layout and coordination of safety surfacing,edge details,site furnishings and coordination with play manufacture. Includes custom details to mount to reservoir lid coordinated with Structural Engineer. d. Provide detailed layout plans for a painted bike track circuit to be located on the reservoir lid. Includes coordination to provide whimsical "street" infrastructure to enhance the experience. e. Coordinate and identify mounting options to locate a shade structure near the play areas. Includes working with manufacture,structural engineer, and public works to find a surface mount option that works on the reservoir lid. f. Lighting coordination with Mazzetti to determine layout of new sport court lighting(up to 4 poles)and provide new conduit and controls to replace existing equipment. 5. Refine the probable cost of construction started during schematic design phase to identify construction costs. 6. Prepare outline specifications to coordinate details of the project with public works and city. (Assumes a minimum 2 week review time) Construction Documents(90%& 100%CD's) Work includes those tasks identified2-weeke attached fee estimate worksheet and as follows: 1. This phase of work is assumed to occur approximately January through March 2024. 2. Work associated with this phase will coordinate necessary technical aspects of the project to submit for all associated civil related permits within Kent. 3. Scope for this phase includes: a. Attend bi-weekly meetings with the city to coordinate all aspects of the project. b. Geotechnical scope to complete in-situ infiltration testing at the site,as needed. If infiltration is not feasible at the site as determined in 60%CD's,this task may not be necessary. However, if infiltration is feasible,we anticipate that in-situ infiltration consisting of a Pilot Infiltration Test(PIT)will be required to determine design infiltration rates. c. Review 60%plans with city and address all comments from parks staff to ensure that the project meets department goals and specifications. Exhibit A(Continued) 9.25.23 PARTNERSHIP Terry Jungman Kent Parks,Recreation and Community Services berger Proposal for Landscape Architectural Services—Garrison Creek Park CD's—CA Page 4 of 7 d. Respond to city permit comments associated with site development and make required plan revisions to complete the review cycle. Includes up to two rounds of responding to permit corrections and is factored into anticipated project schedule. e. Compile a final 90%plan set for final review by the city. f. Finalize the probable cost of construction. g. Develop technical specifications(division 2—33)for review prior to bidding the project in the next phase. h. Develop front end specifications(division 0& 1)with assistance from the city. Bid Administration Work includes those tasks identified on the attached fee estimate worksheet and as follows: 1. This phase of work is assumed to occur April through May 2024. 2. During this phase,we will incorporate any final comments or corrections and prepare a bid ready set for distribution to through city's procurement process.We will also assist the city with the following tasks during the bid phase: a. Finalize the bid set plans and specifications for distribution and advertising. b. Attend a pre-bid meeting. c. Provide responses to any contractor questions that arise. d. Prepare any required addenda materials needed to clarify the project scope. Construction Observation Berger Partnership will provide construction observation services while your project is being constructed.The purpose is to check that the contractor's work is consistent with the construction documents and the design intent. 1. This phase of work is assumed to be four to six months in duration from approximately June through December 2024. 2. Our services will include checking the contractor's submittals of samples,site visits to observe the progress of the work, preparation of construction observation reports noting progress as well as aspects of work requiring correction, respond to RFI's, develop ASI's and review of the contractor's pay requests. 3. Additional time is included to address any issues that arise in the field to coordinate the play area installation. Exhibit A(Continued) 9.25.23 PARTNERSHIP Terry Jungman Kent Parks,Recreation and Community Services berger Proposal for Landscape Architectural Services—Garrison Creek Park CD's—CA Page 5 of 7 4. We will assist you in running weekly construction meetings to track the progress of construction (assumes 32 meetings). 5. Our work will include attending a pre-construction meeting, one punch list walk through and one back punch walk. 6. Post construction will include the following: a. Review of O&M manuals for project closeout. b. Completing record drawings in AutoCAD(most recent edition)from contractor redlines in accordance with city requirements. Assumptions 1. The Garrison Creek Park Renovation project will be completed under a single construction contract and will not be accomplished in phases. 2. Project background based on field survey will be provided in AutoCAD format. 3. Conversion of mowed lawn to meadow plantings is considered maintenance and not site disturbance and does not need to be considered in preparation of a Stormwater Report for the project. 4. Stormwater flow control or treatment is not required. 5. Improvements to existing reservoir related water or sanitary sewer utilities will not be required. 6. City of Kent Public Works design documents will be provided to the design team at the time of project notice to proceed (NTP). 7. Lighting, sail type canopy,and play equipment manufactures will design their respective components and provide reaction forces to KPFF for the design of connections to the reservoir lid structure. 8. Building permit submittal is not included in this scope of work. It is assumed based on correspondence from Dana with city Staff this will not be required for the shade structures. If deemed necessary at a later point in time, additional services can be negotiated. 9. Electrical utility service coordination is not anticipated. 10. The need for 30-day load recordings is not anticipated.Should load calculations be needed,these services would be hired by the city directly. 11. Electrical design or provisions for future capacity will not be included. 12. Effort assumes LEED or other sustainable design certification is not anticipated and is excluded. 13. Items excluded from Mazzetti's scope include Telecom utility,video surveillance, electrical systems beyond those noted herein. Exhibit A(Continued) 9.25.23 PARTNERSHIP Terry Jungman Kent Parks,Recreation and Community Services berger Proposal for Landscape Architectural Services—Garrison Creek Park CD's—CA Page 6 of 7 14. Irrigation is currently not included in this scope and fee. If this is desired,we can provide additional scope and fee to design a new system once the specifics are understood of what is desired. Fees Based on the scope of services identified at this time,we have established an hourly fee not to exceed as follows: Construction Documents(60%/Lid improvements) $18,990.00 Construction Documents(90%/100%) $31,170.00 Bid Administration $5,670.00 Construction Observation $25,680.00 Subconsultants $100,422.30 Reimbursables $650.00 Total $182,582.30 Services beyond those noted in this proposal will be negotiated when additional scope items are identified at the following rates: Principal $225.00 per hour Associate $180.00 per hour Project Manager $150.00 per hour Landscape Designer $120.00 per hour Administrative Staff $105.00 per hour All accounts are due in ten days. Invoices not paid within 90 days of invoice date will be subject to late charges of 1%per month. If payment for services is not received within 120 days of the invoice date, all subsequent services and/or issuance of documents may be postponed until receipt of payment, unless special arrangements are made prior to providing the services. 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 working with you on improving Garrison Creek Park! Work will be scheduled upon our receipt of the signed proposal. Exhibit A(Continued) 9.25.23 P A R T N E R S H I P Terry J u Parks, Re berger Kent Parks,Recreation and Community Services Proposal for Landscape Architectural Services—Garrison Creek Park CD's—CA Page 7 of 7 Sincerely, Berger Partnership PS i Andy Mitton Principal,ASLA, PLA Exhibit A(Continued) PARTNERSHIP e rcrar Fee Estimate Worksheet Date: 9.26.2023 Project:Garrison Creek-DD-CA Principal PM LA Staff Admin AM JIG SS CG Total Reservoir lid improvements(Nov-Dec) Finalize court surfacing, layout, material 1 6 12 $2,565.00 coord Lid fencing modifications(Futsol goals, 2 8 12 $3,090.00 basketball hoops, new fences, cutting down and refinishing existing) Playground layout and details(surfacing, 2 8 16 $3,570.00 footings, edge details, misc items) Playground coordination (LSI) 1 8 $1,425.00 Bike track 2 8 $1,260.00 Shade structure coordination 6 $900.00 Lighting coordination with city(Musco) 1 6 $1,125.00 Cost Estimate 1 8 8 $2,385.00 Specifications 2 12 4 $2,670.00 60%CD Total 10 64 56 4 $18,990.00 Construction Documents(90%&100%) Bi-weekly coord meetings w/city+ 6 6 $2,250.00 design team Incorporate city review comments 60% 1 8 12 $2,865.00 set Site Development permit revisions(2 2 8 16 $3,570.00 rounds) 90%Construction Docments 4 24 40 $9,300.00 Update cost estimate 1 8 8 $2,385.00 Update specifications 2 12 8 $3,090.00 Owner review comments 90%set 2 4 4 $1,530.00 100%Construction Documents 12 16 $3,720.00 Finalize cost estimate 2 2 2 $990.00 Finalize specifcations 2 4 4 $1,470.00 Construction Documents Total 22 88 98 12 $31,170.00 Bid Administration Finalize bid set(final owner comments) 2 4 4 $1,530.00 Advertise 2 $300.00 Addenda 2 8 12 $3,090.00 Bid opening 2 2 $750.00 Bid Administration Total 6 16 16 0 $5,670.00 Construction Observation Project management/CA setup 4 24 $4,500.00 Exhibit A(Continued) PARTNERSHIP e rcror Fee Estimate Worksheet Date: 9.26.2023 Project:Garrison Creek-DD-CA Principal PM LA Staff Admin AM JG SS CG Total Preconstruction meeting 4 4 $1,500.00 RFI's/change orders 24 $3,600.00 Submittals 4 32 24 Weekly construction meetings w/ 4 48 $8,100.00 meeting notes(12 @ 4 hrs) Punch list 6 $900.00 Back punch 6 $900.00 Record drawings 4 16 24 $6,180.00 Construction Administration Total 20 160 48 0 $25,680.00 Project Totals(Berger) 58 328 218 16 $81,510.00 Subconsultants 10%Mark-up Total KPFF Civil &Structural Engineering $64,423.00 $6,442.30 $70,865.30 Geoengineers $12,000.00 $1,200.00 $13,200.00 Mazzetti Electrical Engineering $14,870.00 $1,487.00 $16,357.00 Subconsultant Total $100,422.30 Reimbursable Expenses(Berger) $650.00 Total $182,582.30 Assumptions Project assumes no irrigation design Building permit excluded from scope Signature: Ten-t4 ,1t4a of Signature: Terry JungnYan(Oct 19, 02315:25 PDT) Email: tjungman@kentwa.gov Email: rlashley@kentwa.gov Signature: Brian Levenhagen(Oct 19,202317:28 PDT) Email: bjlevenhagen@kentwa.gov Berger—Garrison Creek Park Schematic Design- AM D3 Final Audit Report 2023-10-20 Created: 2023-10-19 By: Ronald Lashley(rlashley@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAAiW3wU5DO2D-IA4a-a6rPOUbPOWuTfv39 "Berger—Garrison Creek Park Schematic Design-AMDY History Document created by Ronald Lashley (rlashley@kentwa.gov) 2023-10-19-10:13:31 PM GMT-IP address: 146.129.252.126 Document emailed to Terry Jungman (tjungman@kentwa.gov)for signature 2023-10-19-10:15:51 PM GMT Email viewed by Terry Jungman (tjungman@kentwa.gov) 2023-10-19-10:24:45 PM GMT-IP address: 104.47.65.254 a Document e-signed by Terry Jungman (tjungman@kentwa.gov) Signature Date:2023-10-19-10:25:41 PM GMT-Time Source:server-IP address: 146.129.252.126 El-, Document emailed to Andy Mitton (andym@bergerpartnership.com)for signature 2023-10-19-10:25:43 PM GMT Email viewed by Andy Mitton (andym@bergerpartnership.com) 2023-10-19-11:04:36 PM GMT-IP address:67.134.32.68 o Document e-signed by Andy Mitton (andym@bergerpartnership.com) Signature Date:2023-10-19-11:11:30 PM GMT-Time Source:server-IP address:67.134.32.68 '► Document emailed to Ronald Lashley (rlashley@kentwa.gov)for signature 2023-10-19-11:11:32 PM GMT Email viewed by Ronald Lashley (rlashley@kentwa.gov) 2023-10-19-11:12:00 PM GMT-IP address: 104.47.65.254 + Document e-signed by Ronald Lashley (rlashley@kentwa.gov) Signature Date:2023-10-19-11:12:32 PM GMT-Time Source:server-IP address: 146.129.252.126 Powered by r � Adobe T Acrobat Sign '. Document emailed to bjlevenhagen@kentwa.gov for signature 2023-10-19-11:12:33 PM GMT Email viewed by bjlevenhagen@kentwa.gov 2023-10-20-0:28:02 AM GMT-IP address:67.185.236.248 Signer bjlevenhagen@kentwa.gov entered name at signing as Brian Levenhagen 2023-10-20-0:28:57 AM GMT-IP address:67.185.236.248 Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date:2023-10-20-0:28:59 AM GMT-Time Source:server-IP address:67.185.236.248 Q Agreement completed. 2023-10-20-0:28:59 AM GMT Powered by r � Adobe T Acrobat Sign