066-20 - Rice Fergus Miller, Inc. - Contract Amendment 7DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC
Amendment No. 7 to Contract No. C066-20
CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH
RICE FERGUS MILLER, INC.
THIS AMENDMENT to Contract No. C066-20 ("Amendment") is made effective as of the 13th day
of September, 2022, by and between the City of Port Orchard ("City), a municipal corporation, organized
under the laws of the State of Washington, and Rice Fergus Miller, Inc., a corporation organized under the
laws of the State of Washington, located and doing business at 275 51}i St. Bremerton, WA 98337
("Consultant").
WHEREAS, on July 29, 2020, the City executed a Professional Services Agreement with Consultant
for the South Kitsap Community Event Center Project (the "Project") ("Underlying Agreement"); and
WHEREAS, on July 27, 2021, the City and Consultant executed Amendment No. 1 to the Underlying
Agreement, increasing the contract amount and adding additional scope of work (work within the scope of
the initial Request for Qualifications); and
WHEREAS, on September 17, 2021, the City and Consultant executed Amendment No. 2 to the
Underlying Agreement, adding additional scope of work (work within the scope of the initial Request for
Qualifications); and
WHEREAS, on October 12, 2021, the City and Consultant executed Amendment No. 3 to the
Underlying Agreement, increasing the contract amount and adding additional scope of work (work within
the scope of the initial Request for Qualifications); and
WHEREAS, on January 25, 2022, the City and Consultant executed Amendment No. 4 to the
Underlying Agreement, increasing the contract amount and adding additional scope of work due to
unforeseen on -site conditions; and
WHEREAS, on March 21, 2022, the City and Consultant executed Amendment No. 5 to the
Underlying Agreement, extending the contract term to accommodate the scope of work; and
WHEREAS, on April 12, 2022, the City and Consultant executed Amendment No. 6 to the
Underlying Agreement, updating the scope and fee for tasks 4 and 5 of C082-19; and
WHEREAS, the City received funding from the Kitsap Public Facilities District ("KPFD") via an
Agreement between the City and the PFD (C082-19) for this 8-phase Project, which will result in a
Community Event Center; and
WHEREAS, the Consultant was selected as the most qualified firm to perform all phases of the
Project, and to date the Consultant and City and have completed phases 1-3 as set out in C082-19; and
WHEREAS, during the execution of work outlined as Tasks 4 and 5 of the original work plan, it was
discovered that the existing seawall adjacent to the SKCEC site is structurally unstable and will require
removal and restoration as part of the SKCEC designibuild that was outside of the scope of what was
described in Tasks 4-5; and
DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC
WHEREAS, the parties wish to memorialize their agreement to so amend the Underlying Agreement;
NOW, THEREFORE,
follows:
In consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as
The Underlying Agreement, including previous Amendments Nos. 1-6, is amended as follows
(amendment shown in legislative marks):
a. The Scope of Work and total contract cost are amended as set out on Attachment 1 hereto
(Amendment #7 Request). The new total contract cost shall not exceed $631,200.
b. The contract term remains with a termination date of December 31, 2024, unless extended
or earlier terminated in accordance with the terms of the Underlying Agreement.
2. In all other respects, the Underlying Agreement between the parties shall remain in full force and
effect, amended as set forth herein, but only as set forth herein.
IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year set
forth above.
CITY OF PORT ORCHARD,
WASHINGTON
DocuSigned by:
L� 9L'
Ro e u aansuu, Mayor
ATTEST/AUTHENTICATED:
DocuSigned by:
r0d'PItace, MMC, City Clerk
APPROVED AS TO FORM:
/ DocuSigned by:
f
affo0595Archer, City Attorney
CONSULTANT
Sigiiatulre
Dean Kelly, Pr ipal
Printed Name and Title
DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC
RIC§CeYgusmILLER 275 Fifth St. Suite 100 Bremerton, WA 98337
ARCHITECTURE INTERIORS PLANNING VIZLAB 360-377-8773 rfmarch.com
July 20, 2022
Nick Bond
Development Director
City of Port Orchard
216 Prospect St
Port Orchard, WA 98366
Re: South Kitsap Community Events Center
Amendment 07 Request
SD -CD Shoreline Restoration and Above Water Structures
RFM Project: 2020002.00
Dear Nick,
Rice Fergus Miller (RFM) is pleased to present the following Letter of Proposal to amend our
contract for the above referenced project to specifically address the shoreline restoration scope
outlined in Tasks 4 & 5 of the Regional Center Interlocal Agreement (ILA) between Kitsap Public
Facilities District (KPFD) and the City of Port Orchard (PO) executed on September 15, 2021, for
the South Kitsap Community Events Center (SKCEC) project.
Project Description
The existing seawall adjacent to the SKCEC site was evaluated and determined to be structurally
unstable. This proposal is to provide design, engineering and permitting for the shoreline
restoration and overwater deck structure.
II. Scope of Services
The following are included in this scope:
• Geotechnical Engineering for over -water structures
• Schematic Design thru Construction Documents Phase for:
o Shoreline design limited to the area shown in the attached restoration site plan
o Habitat restoration below the Mean Higher High -Water Level
o Removal of the existing seawall and replacement with sloped shoreline and steps
o Pile supported over -water deck structure to restore area "lost" by seawall removal
o A recommended design at the end of each phase (SD, DD & CD) will be presented
to City Council for approval.
• Ecological Reports for critical areas, including:
o Shoreline Mitigation Plan
o Biological Assessment Report
DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC
South Kitsap Community Events Center
SD -CD Shoreline Restoration and Above Water Structures
July 20, 2022
• Permit Applications and Submittals:
o Shoreline Substantial Development Permit (SSDP). We assume this permit will
combine the submittals for both the CEC building and the shoreline restoration
under one permit. Construction may be phased between the two projects.
o Joint Aquatic Resource Permit Application (DARPA)
o Endangered Species Act and Marine Mammal Protection Act Compliance
(National Marine Fisheries Service and US Fish and Wildlife Service)
o Clean Water Act Section 404 and Section 10 Approval (US Army Corps of
Engineers)
o Coastal Zone Management Act Section 401 Approval (WA Department of
Ecology
o Hydraulic Project Approval (WA Department of Fish and Wildlife)
The following disciplines are included in this scope of work to provide the deliverables listed
above:
• Geotechnical Engineering • Structural Engineer
• Ecological Consultant • Electrical Engineer
• Civil Engineer • Cost Estimator
• Landscape Architect
III. Exclusions and Additional Services
The following services, though they could be provided by RFM and consultants, are excluded
from our Scope of Basic Services and, if requested, will be billed as Additional Services.
• Bidding through Construction Administration Phase
• Site work and shoreline restoration beyond the attached site plan
• Marketing Materials and Photography
• Design requirements, submittals and permits related to any Federal Funding Grants
• We assume there are no mechanical or plumbing needs for this project including, but not
limited to, water meter and fire service.
• We assume there will be no federal permitting to require NEPA process
• All permit fees to be paid by the Owner directly to the respective jurisdictions
IV. Owner Responsibilities
It is our understanding that City of Port Orchard will provide full information, including a
program, setting forth its design objectives, constraints, and criteria; any available dimensioned
drawings describing all existing improvements; assistance in scheduling and accessing the
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DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC
South Kitsap Community Events Center
SD -CD Shoreline Restoration and Above Water Structures
July 20, 2022
shoreline and waterward areas for shoreline design and investigation; and, the services of other
consultants not included here when such services are deemed to be necessary.
V. Schedule
Shoreline restoration and over -water structure design efforts from Schematic Phase thru
Construction Documents Phase will take approximately 9 months. We propose to start this
work as soon as our contract is approved to catch up to the CEC site design. Permitting is
estimated to last for 12 months. We will develop the detailed milestones of the project schedule
during the design process.
VI. Compensation
For the Scope of Services outlined above, compensation shall be a Fixed Fee of Six Hundred
Thirty -One Thousand Two Hundred Dollars ($631,200.00); plus, reimbursable expenses and any
applicable taxes.
Consultant fees include RFM standard markup of 12%. Additional Services, when requested, will
be billed on an hourly basis at our standard hourly rates, as listed in the attached Hourly Billing
Rates or as agreed to prior to commencement of the Additional Services.
VII. Terms of Agreement
Please provide an amendment to our South Kitsap Community Events Center contract upon
accepting this proposal.
Vill. Summary
Thank you for the opportunity to propose on your project. We look forward to discussing our
proposal further and working with you. Please contact me if you have any questions.
Sincerely,
Rice Fergus Miller, Inc.
T�_
Dean Kelly, Pr cip
Architect
Attachment: Shoreline Restoration Site Plan
Hourly Billing Rates
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DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC
Demolish existing
seawall and
regrade shoreline to
natural conditions
City of Port Orchard
Restoration Area
- • • � - 11°i11111
• New light -transmissible overwater structure on concrete
piles with ADA ramp to water's edge.
• Install nearshore plantings.
• Shoreline friendly lighting on new deck structure.
F-- Project Restoration Area
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Port of Bremerton
Restoration Area
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DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC
RafergusmILLER
ARCHITECTURE INTERIORS PLANNING VIZLAB
275 Fifth Street, Suite 100
Bremerton, WA 98337
Phone: (360) 377-8773
rfmarch.com
2022 Hourly Billing Rates
Date of Proposal: July 20, 2022
Project: South Kitsap Community Events Center - SD -CD Shoreline Restoration and Above
Water Structures
Project No.: 2020002.00
The hourly billing rates shall be annually adjusted in accordance with normal salary review practices
of Rice Fergus Miller.
Principal in Charge:
$ 190.00 -
$ 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:
$ 100.00 -
$ 170.00
Technical Designer:
$ 95.00 -
$ 155.00
Production Support:
$ 85.00 -
$ 155.00
Graphics Visualization:
$ 120.00 -
$ 140.00
Project Coordinator:
$ 140.00
Administrative Support Staff:
$ 90.00 -
$ 140.00