075-20 - Rice Fergus Miller, Inc. - ContractCITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT
THIS Agreement is made effective as of the 13th day of October 2020, by and between the City of
Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address
is:
CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY")
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029
and Rice Fergus Miller, Inc., a corporation, organized under the laws of the State of Washington,
doing business at:
275 Fifth Street. Suite 100
Bremerton, WA_98337
(hereinafter the "CONSULTANT")
Contact: Steven M. Rice Phone: 360-377-3778
for professional services in connection with the following Project:
The 2020-2021 Schematic Design (30916) City Hall Improvement Project
TERMS AND CONDITIONS
1. Services by Consultant.
A. The Consultant shall perform the services described in the Scope of Work attached to this
Agreement as Exhibit "A & B." The services performed by the Consultant shall not exceed the Scope of
Work without prior written authorization from the City. In performing such services, the Consultant shall
at all times comply with all Federal, State, and local laws and regulations applicable to the performance of
such services. The Consultant shall perform the services diligently and completely in accordance with
professional standards of conduct and performance for Consultant's profession.
B. The City may from time to time require changes or modifications in the Scope of Work.
Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the
parties and incorporated in written amendments to the Agreement.
2. Schedule of Work.
A. The Consultant shall perform the services described in the Scope of Work in accordance
with the tasks identified within Exhibit "A & B" and the terms of this Agreement. If delays beyond the
Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an
extension is appropriate.
City of Port Orchard and Rice laergur Miller. Inc.
Public Works Project No. N/A
Professional Service Agreement Contract No. C-075-2
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B. The Consultant is authorized to proceed with services upon receipt of a written Notice to
Proceed.
3. Terms. This Agreement shall commence on October 13, 2020 ("Commencement Date") and shall
terminate December 31, 2021 unless extended or terminated in writing as provided herein. The
City reserves the right to offer two (2) one-year extensions prior to contract expiration to
retain the selected company's services.
4. Compensation.
LUMP SUM. Compensation for these services shall be a Lump Sum of $106,500.00.
5. Payment.
A. The Consultant shall maintain time and expense records and provide them to the City
monthly after services have been performed, along with monthly invoices in a format acceptable to the City
for work performed to the date of the invoice.
B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper
invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same
within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and
the parties shall immediately make every effort to settle the disputed portion.
C. The Consultant shall keep cost records and accounts pertaining to this Agreement available
for inspection by City representatives for three (3) years after final payment unless a longer period is
required by a third -party agreement. Copies shall be made available on request.
D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply
with all federal and state laws applicable to independent contractors, including, but not limited to, the
maintenance of a separate set of books and records that reflect all items of income and expenses of the
Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to
show that the services performed by the Consultant under this Agreement shall not give rise to an employer -
employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance.
E. If the services rendered do not meet the requirements of the Agreement, the Consultant will
correct or modify the work to comply with the Agreement. The City may withhold payment for such work
until the work meets the requirements of the Agreement.
6. Discrimination and Compliance with Laws
A. The Consultant agrees not to discriminate against any employee or applicant for
employment or any other person in the performance of this Agreement because of race, creed, color,
national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or
local law or ordinance, except for a bona fide occupational qualification.
B. Even though the Consultant is an independent contractor with the authority to control and
direct the performance and details of the work authorized under this Agreement, the work must meet the
approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory
completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and
City of Port Orchard and ltice !•ergux,ti_lrllrl1h+c
Public Works Project No. NIA
Professional Service Agreement Contract No. C-075-20
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EDITS (Charlolle A Archer) FINAL for 2020-2021 City Hell Improvements doca Rev 7/18/2019
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regulations that are now effective or become applicable within the term(s) of this Agreement to the
Consultant's business, equipment and personnel engaged in operations covered by this Agreement or
accruing out of the performance of such operations.
C. The Consultant shall obtain a City of Port Orchard business license prior to commencing
work pursuant to a written Notice to Proceed.
D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for
cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result
in ineligibility for further work for the City.
7. Relationship of Parties. The parties intend that an independent contractor -client relationship will
be created by this Agreement. As the Consultant is customarily engaged in an independently established
trade which encompasses the specific service provided to the City hereunder, no agent, employee,
representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent,
representative or sub -consultant of the City. In the performance of the work, the Consultant is an
independent contractor with the ability to control and direct the performance and details of the work, the
City being interested only in the results obtained under this Agreement. None of the benefits provided by
the City to its employees, including but not limited to compensation, insurance, and unemployment
insurance, are available from the City to the employees, agents, representatives or sub -consultants of the
Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents,
employees, representatives and sub -consultants during the performance of this Agreement. The City may,
during the term of this Agreement, engage other independent contractors to perform the same or similar
work that the Consultant performs hereunder.
8. Suspension and Termination of Agreement
A. Termination without cause. This Agreement may be terminated by the City at any time for
public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the
benefit of creditors.
B. Termination with cause. This Agreement may be terminated upon the default of the
Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving
written notice of the default.
C. lai 7h�, is Upon Termination.
1. With or Without Cause. Upon termination for any reason, all finished or unfinished
documents, reports, or other material or work of the Consultant pursuant to this Agreement shall
be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for
any satisfactory work completed prior to the date of termination, not to exceed the total
compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost,
profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work
not performed because of such termination. The Consultant shall use its best efforts to minimize
the compensation payable under this Agreement in the event of such termination. Upon
termination, the City may take over the work and prosecute the same to completion, by contract or
otherwise.
City of Port Orchard and nice hhgus Miller. Inc.
Public Works Project No. NIA
Professional Service Agreement Contract No.-075-20
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2. Default. If the Agreement is terminated for default, the Consultant shall not be
entitled to receive any further payments under the Agreement until all work called for has been
fully performed. Any extra cost or damage to the City resulting from such default(s) shall be
deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra
expenses incurred by the City in completing the work, including all increased costs for completing
the work, and all damage sustained, or which may be sustained, by the City by reason of such
default.
D. Suspension. The City may suspend this Agreement, at its sole discretion. Any
reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable
expenses, and shall be subject to verification. The Consultant shall resume performance of services under
this Agreement without delay when the suspension period ends.
E. Notice of Term ination or Suspension. If delivered to the Consultant in person, termination
shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as
stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the
Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the
anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in
Section 15 herein.
9. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill
and experience necessary to provide the services under this Agreement and is appropriately accredited and
licensed by all applicable agencies and governmental entities. Services provided by the Consultant under
this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily
exercised by members of the same profession currently practicing in similar circumstances.
10. Ownership of Work Product.
A. All data, materials, reports, memoranda, and other documents developed under this
Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at
its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to
paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant
pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents,
reports or other material or work of the Consultant for purposes other than those intended by the Consultant
in its scope of services under this Agreement shall be at the City's risk.
B. All written information submitted by the City to the Consultant in connection with the
services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at
least the same extent as the Consultant safeguards like information relating to its own business. If such
information is publicly available or is already in the Consultant's possession or known to it, or is rightfully
obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure,
inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent
required by law, subpoena or other court order.
11. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary
and shall be responsible for the safety of its employees, agents and sub -consultants in the performance of
the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at
the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials,
tools, or other articles used or held by the Consultant for use in connection with the work.
City of Port Orchard and fitce 1'ergus Miller, Inc.
Public Works Project No. N/A
Professional Service Agreement Contract No. c 075-20
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EDITS (Charlotte A Archer) FINAL for 2020.2021 City Hell Improvements dmx Rev 7/18/2019
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12. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorneys' fees, arising out of or resulting from the acts, errors or omissions of
the Consultant in performance of this Agreement, except for injuries or damages caused by the sole
negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then,
in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials,
employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the
Consultant's negligence. The provisions of this section shall survive the expiration or termination of this
Agreement.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION .PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES
OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
13. Insurance. The Consultant shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents, representatives, or
employees.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non -owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01
or a substitute form providing equivalent liability coverage. If necessary, the policy
shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence form CG
00 01 or a substitute form providing equivalent liability coverage and shall cover
liability arising from premises, operations, independent contractors and personal injury
and advertising injury. The City shall be named by endorsement as an additional
insured under the Consultant's Commercial General Liability insurance policy with
respect to the work performed for the City.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
4. Professional Liability insurance appropriate to the Consultant's profession.
B. Minimum Amounts of Insurance
City of Port Orchard and Rice Fe Miller. Inc.
Public Works Project No. NA
Professional Service Agreement Contract No. C-075-20
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Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident.
2. Commercial Genera! l..iabiliEv insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate.
3. Workers'_ Compensation Employer's Liability each accident $1,000,000, Employer's
Liability Disease each employee $1,000,000, and Employer's Liability Disease —
Policy Limit $1,000,000.
4. Professional Liability insurance shall be written with limits no less than $1,000,000
per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability, Professional Liability (as to Sections C.2 and CA), and Commercial
General Liability insurance:
i . The Consultant's insurance coverage shall be primary insurance as respect the City.
Any insurance, self-insurance, or insurance pool coverage maintained by the City shall
be excess of the Consultant's insurance and shall not contribute with it.
2. The Consultant shall provide the City with written notice of any policy cancellation,
within two business days of their receipt of such notice.
3. The City will not waive its right to subrogation against the Consultant. The
Consultant's insurance shall be endorsed acknowledging that the City will not waive
their right to subrogation. The Consultant's insurance shall be endorsed to waive the
right of subrogation against the City, or any self-insurance, or insurance pool coverage
maintained by the City.
4. If any coverage is written on a "claims made" basis, then a minimum of a three (3) year
extended reporting period shall be included with the claims made policy, and proof of
this extended reporting period provided to the City.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
E. Verification of Coverage
The Consultant shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Consultant before commencement of the work.
City of Port Orchard and Ifice ?Fergus Miller, Inc,
Public Works Project No. N/A
Professional Service Agreement Contract No. C-075-20
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F. Personal Liability:
Owner further agrees that, to the fullest extent permitted by law, no shareholder,
officer, director, partner, principal or employee of Rice Fergus Miller shall have
personal liability under this Indemnification provision, under any provision of the
Agreement, or for any matter in connection with the services provided in connection
with the Project.
14. Assigning or Subcontracting. The Consultant shall not assign, transfer, subcontract or encumber
any rights, duties, or interests accruing from this Agreement without the express prior written consent of
the City, which consent may be withheld in the sole discretion of the City.
15. Notice. Any notices required to be given by the City to the Consultant or by the Consultant to the City
shall be in writing and delivered to the parties at the following addresses:
Robert Putaansuu
Mayor
216 Prospect Street
Port Orchard, WA 98366
Phone: 360.876.4407
Fax: 360.895.9029
CONSULTANT
Steve Rice, Principal
Rice Fergus Miller, Inc.
275 51 Street, Suite 100, Bremerton, WA 98337
Phone: 360-377-8773
Fax: 360-792-1385
16. Resolution of Disputes and Governing Law.
A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions
contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term
or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between
the parties relative to the actual services provided or to the sufficiency of the performance hereunder.
B. If any dispute arises between the City and the Consultant under any of the provisions of
this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the
Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting
litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington.
C. This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the
substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys'
fees from the other party.
17. General Provisions.
A. Nan -waiver of Breach. The failure of either party to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herein contained in one or more
instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options,
and the same shall be in full force and effect.
City of Port Orchard and Rice Fergus Miller, G1c,
Public Works Project No. N/A
Professional Service Agreement Contract No. C-075-20
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B. Modification. No waiver, alteration, modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and
the Consultant.
C. Severability. The provisions of this Agreement are declared to be severable. If any
provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of
any other provision.
D. 1 nt_ire Agreement. The written provisions of this Agreement, together with any Exhibits
attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City,
and such statements shall not be effective or be construed as entering into or forming a part of or altering
in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between
the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits
attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of
the above documents are hereby made a part of this Agreement and form the Agreement document as fully
as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict
with any language contained in this Agreement, then this Agreement shall prevail.
18. Title VI
The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,
42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation
subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the
Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts
comply with these regulations.
Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and
successors in interest agrees as follows:
1. Compliance with Regulations: The Consultant will comply with the Acts and the Regulations
relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of
Transportation, Federal Highway Administration (FHWA), as they may be amended from time to
time, which are herein incorporated by reference and made a part of this Agreement.
2. Nondiscrimination: The Consultant, with regard to the work performed by it during this
Agreement, will not discriminate on the grounds of race, color, national origin, sex, age,
disability, income -level, or LEP in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The Consultant will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in
Appendix A, attached hereto and incorporated herein by this reference, including employment
practices when this Agreement covers any activity, project, or program set forth in Appendix B of
49 C.F.R. part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the Consultant of the Consultant's
City of Port Orchard and Pore Fergus Millen MC.
Public Works Project No. N/A
Professional Service Agreement Contract No. C-075-2o
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obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination
on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP.
4. Information and Reports: The Consultant will provide all information and reports required by
the Acts, the Regulations and directives issued pursuant thereto and will permit access to its
books, records, accounts, other sources of information, and its facilities as may be determined by
the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of the Consultant is in the exclusive possession of
another who fails or refuses to furnish the information, the Consultant will so certify to the City
or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information.
Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the Non-
discrimination provisions of this Agreement, the City will impose such contract sanctions as it or
the FHWA may determine to be appropriate, including, but not limited to:
1. withholding payments to the Consultant under the Agreement until the contractor
complies; and/or
2. cancelling, terminating, or suspending the Agreement, in whole or in part.
6. Incorporation of Provisions: The Consultant will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant
will take action with respect to any subcontract or procurement as the City or the FHWA may
direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,
that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or
supplier because of such direction, the Consultant may request the City to enter into any litigation
to protect the interests of the City. in addition, the Consultant may request the United States to
enter into the litigation to protect the interests of the United States.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth
above.
CITY OF PORT ORCHARD,
WA SHINGTON
By:
Robert Putaanl;�l RP. TQfirrri
O,g
•+
% ��s°=
r � ER 1 R
ATTESTIAUTH '. ' C? �.•`
:
randy-Rinearson, MMC
ity Clerk
CONSULTANT
By:
Name: Steve Rice
Title: Principal
City of Port Orchard and Rice I ergs M r n
Public Works Project No. N/A
Professional Service Agreement Contract No. C-075-1O
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APPROVED AS TO FORM:
By:
Charlotte A. Archer, City Attorney
City of Pori Orchard and Rice Fergus Mr, Im.
Public Works Project No. &A
Professional Service Agreement Contract No. C-07520
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APPENDIX A
During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in
interest agrees to comply with the following non-discrimination statutes and authorities; including but not
limited to:
Pertinent Non -Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal -aid programs and projects);
• Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 C.F.R. Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs
or activities" to include all of the programs or activities of the Federal -aid recipients, sub -
recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places
of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38;
■ The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
■ Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
City of Port Orchard and Bice Forgus MYI1 Inc.
Public Works Project No. N/A
Professional Service Agreement Contract No, C-075-?fl
U:\ENGINEERINGICITY FACILITIMCITY HALL\2020-2021 W&E City Hall ImprovementAFT \MASTER 2019 Prof Svc+ Agreement SEC 129 IS (with SEC edits) 7 Ill 19 - STAN
EDITS (Charlotte A Archer) FINAL for 2020.2021 City Hall Improvements doex Rev 7/18/2019
11 of 11
RICWw+ ANAILLER 275 Fifth Street, Suite 100 Bremerton, WA 98337
ARCHITECTURE INTERIORS PLANNING VIZLAS (360) 377-8773 rfmarch.com
September 18, 2020
Mr. Dorsey, Director of Public Works
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Re: City of Port Orchard City Hall
RFM Project Number: 2020013.00
Dear Mark,
Rice Fergus Miller is pleased to present the following Letter of Proposal to provide professional
architectural services for the City Hall Improvement Project. The RFM team is delighted to have
been a part of this project since envisioning it with you four years ago. We are ready to lead the
way in upgrading City Hall for staff, citizens, and visitors, and lighten the City's managerial
burden in the process.
Project Description
The existing City Hall building has had an ongoing maintenance issue for many years with a
failing building envelope. This project will provide solutions to remedy this problem, including
new roofing, a new clock tower weatherization strategy, new siding and weather barrier, new
windows, suggested treatment of the existing brick veneer, and potential added installation. The
project scope will also provide options for improvements to the building's HVAC system.
Additionally, we will make early looks into areas that may or may not become parts of the
eventual construction - opportunities and benefits for solar production, some subsurface water
issues, etc. We are basing our proposal on a total project budget of $3 million.
II. Scope of Services
Per our understanding with you, this proposal's scope of service will take the project to the 30%
Design level. Once the eventual scope is known, we would provide a proposal to then take the
project to 100% Plans and Specifications, Ad Ready.
Basic Services through this first phase of work consists of:
• Establish project schedule and deliverables.
• Walk-through of building and site with Owner; and revise final project scope as needed.
• Fa4ade design options including proposed weatherization methods and materiality, with
cost/value analysis.
■ Clock tower weatherization approach and replacement of clock systems and faces
• Building system options including windows, insulation/outsulation strategies, and roofing
options, with cost/value analysis.
Letter of Proposal
Port Orchard City Hall
September 18, 2020
Page 2
• 2 HVAC systems options, including new controls, increased comfort, air quality
improvements, etc. An energy model will be produced that can measure cost saving
benefits of adding insulation to the building, altering lighting systems, upgrading water
heating, and managing excess plug load usage. An analysis of the current energy usage
will be conducted to better tune the energy model. Various viral mitigation strategies will
also be discussed.
• Structural study for potential Photo Voltaic (PV) addition to existing roof, or optional
location.
• Structural study on existing fall protection anchors.
• Identify potential subsurface waterproofing solution.
• Planning for interior phasing of work to avoid staff/public disruption, to fit into 30% cost
estimate.
• Initial study for 400A electrical relocation and upgrade to 600A system
• Owner design/coordination meetings with design/consultant team
o (3) Zoom or in -person meetings
• Schematic Design level costing from V party cost estimator
o (1) Zoom or in -person meeting to review
• Cost analysis and value engineering exercise.
• 3D exterior modeling of City Hall with proposed improvements.
• Produce 30% documents, including specification table of contents.
• Pre -application conference with City's reviewing departments.
■ Attend presentation to City Council as requested.
III. Additional Services
The following services, though they could be provided by RFM, are not included in our Scope of
Basic Services and, if requested, would be billed as Additional Services.
Additional meetings o Traffic Engineering
• Jurisdictional review beyond pre- o AN, IT and
application conference. Telecommunications
■ Design Review Board approval • LEED or other certifications required
• Additional Consultants planning & documentation
o Civil Engineering • FF & E Design & Specifications
o Landscape Architecture
o Lighting Design
IV. Owner Responsibilities
It is our understanding that the City of Port Orchard will provide full information, including a
program, setting forth its design objectives, constraints and criteria; a legal description and
certified land survey showing boundary and topography of the site, if one exists; existing
buildings drawings; and the services of soil engineers, hazardous materials surveyors, or other
specialty consultants when such services are deemed to be necessary.
Letter of Proposal
Port Orchard City Hall
September 18, 2020
Page 3
V. Schedule
Assuming the design team has a notice to proceed by the middle of October 2020, the current
schedule for 30% deliverables is to be concluded by January 2021.
VI. Compensation
For the Basic Services outlined above, compensation shall be a Fixed Fee of one hundred four
thousand dollars ($104,000), plus reimbursable expenses, plus any applicable tax.
Additional Services, when requested, will be billed on an hourly basis at our standard hourly
rates, as listed in the attached 2020 Hourly Billing Rate Sheet, or as agreed to prior to
commencement of the Additional Services.
VII. Terms of Agreement
This proposal, when accepted, will become an exhibit to the City of Port Orchard's standard
professional service agreement.
Vill. Summary
Thank you for this important opportunity! If this Letter of Proposal is acceptable, please sign in
the space provided below. We look forward to discussing our proposal with you and getting to
work.
Sincerely,
Rice Fergus Miller, Inc.
Apl�raveti fc�r Rice Fergus Miller by,
Steve Rice, Principal
Attachments: 2020 RFM Hourly Rate Sheet
Authorized for Owner by:
Name Title
RIcIferuVIILLER
ARCHITECTURE INTERIORS PLANNING VIZLAB
275 Fifth Street, Suite 100
Bremerton, WA 98337
Phone: (360) 377-8773
rfmarch,com
2020 Hourly Billing Rates
Date of Proposal: September 18, 2020
Project: City of Port Orchard City Hall
Project No.: 2020013.00
The hourly billing rates shall be annually adjusted in accordance with normal salary review practices
of Rice Fergus Miller.
Principal in Charge:
$ 275.00
Senior Planner:
$ 175.00 - $ 275.00
Project Manager:
$ 130.00 - $ 190.00
Project Architect:
$ 120.00 - $ 190.00
Staff Architect:
$ 125.00 - $ 160.00
Project Designer:
$ 115.00 - $ 190.00
Staff Designer:
$ 115.00 - $155.00
Interior Designer:
$ 90.00 - $ 160.00
Technical Designer:
$ 95.00 - $ 155.00
Production Support:
$ 85.00 - $155.00
Graphics Visualization:
$ 115.00 - $ 125.00
Project Coordinator:
$ 80.00 - $120.00
Administrative Support Staff:
$ 80.00 - $ 120.00
Assume $3 Million Project Cost
Figure 66% for Construction = $2 million
WA State Fee Schedule
Schedule A Project
2 million prolect cost
Basic Service Fee = 11.13%+ 3% for renovation = 14. o (Arch, Struct, Mech, Elec)
$2M x 14.13%= $282,600 for Schematic Design — Project Close Out
SD-18%, DD-20%, CD-31%, B/N-2%, CA-27%, CO-2% (A+E guidelines for public works projects)
Ad -Ready (SD/DD/CD) = 69% of Basic Fee = $195,000
30% Deign Level
$195,000 x 30% _ $58,500 for Basic Services
Added Services:
Civil
$0
Landscape
$0
Building Envelope
$7,500
Cost Estimating
$7,500
Investigative Efforts
$3,000
Enhanced Management SD -CD
$10,000
Outsulation Possibilities
$2,500
Exploring Scope items not in $2m construction cost but could be added
Solar
$7,500 (Struct, Mech, Arch)
Subsurface water
$5,000
Phasing of Interior
$2,500
Subtotal
$45,500
+ Basic Services
S8 500
GRAND TOTAL
$104,000