055-23 - Rice Fergus Miller, Inc. - ContractDocuSign Envelope ID: 1 D9AE154-A51 E-41 FB-8D7E-ACD07F8B628C
Port Orchard Contract #: 055-23
Authorized Amount: $373,430.22
Date Start: June 27, 2023
Date End: June 30, 2025
CONSULTANT SERVICES AGREEMENT
Rice, Fergus, Miller, Inc
THIS AGREEMENT is entered into by and between the City of Port Orchard, Washington,
a municipal corporation organized under the laws of the State of Washington ("City") and Rice, Fergus
Miller, Inc., ("Consultant") organized under the laws of the State of Washington, located and doing
business at 275 Fifth Street, Bremerton, WA 98337 (hereinafter the "Consultant").
RECITALS:
WHEREAS, the City desires to have certain services performed for its residents; and
WHEREAS, the City has selected the Consultant to perform such services pursuant to certain
terms and conditions; and
NOW, THEREFORE, in consideration of the mutual benefits and conditions set forth below, the
parties agree as follows:
AGREEMENT:
1. Scope of Services to be Performed by Consultant.
The Consultant shall perform those services described on Exhibit "A," which is attached hereto and
incorporated herein bythis reference as if set forth in full. In performing such services, the Consultant shall
at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the
performance of such services and the handling of any funds used in connection therewith. The Consultant
shall perform the services diligently and completely and in accordance with professional standards of
conduct and performance. The Consultant shall request and obtain prior written approval from the City
if the scope or schedule is to be modified in any way.
If the services provided hereunder are funded in whole or in part under a Grant Funding
Agreement, then Consultant will comply with the terms of such Grant Funding Agreement to ensure that
the City is able to obtain the maximum funding under such Grant Funding Agreement. If this applies, the
City will provide the Consultant with a copy of the Grant Funding Agreement.
2. Compensation.
The City shall pay the Consultant for services rendered according to the rates and methods set forth
below.
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❑ LUMP SUM. Compensation for these services set forth in Exhibit A shall be a Lump Sum
of $
❑X TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed
$373,430.22 without written authorization and will be based on the list of billing rates and
reimbursable expenses attached hereto as Exhibit "B."
❑ TIME AND MATERIALS. Compensation for these services shall be on a time and materials
basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit
„B
.11
IF1 OTHER
3. 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. The City shall pay the Consultant for
services rendered within ten (10) days after City Council voucher approval. However, if the City objects
to all or any portion of an invoice, it shall notify Consultant and reserves the option to only pay that
portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to
settle the disputed portion.
F. The City reserves the right to direct the Consultant's compensated services before
reaching the maximum amount.
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4. Duration of Agreement.
A. This Agreement shall be in full force and effect for a period commencing on June 27,
2023, and ending June 30, 2025, unless sooner terminated under the provisions of this Agreement. The
City reserves the right to offer two (2) one-year extensions prior to expiration of the Agreement to
retain the Consultant's services.
B. Time is of the essence of this Agreement in each and all of its provisions in which
performance is required. If delays beyond the Consultant's reasonable control occur, the Parties will
negotiate in good faith to determine whether an extension is appropriate.
C. The Consultant shall obtain a City of Port Orchard business license prior to commencing
work pursuant to a written Notice to Proceed.
D. The Consultant is authorized to proceed with services upon receipt of a written Notice
to Proceed.
S. 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.
6. Ownership and Use of Documents.
A. Ownership. Any records, files, documents, drawings, specifications, data, or
information, regardless of form or format, and all other materials produced by the Consultant in
connection with the services provided to the City, shall be the property of the City whether the project
for which they were created is executed or not.
B. Records preservation. Consultant understands that this Agreement is with a government
agency and thus all records created or used in the course of Consultant's work for the City are
considered "public records" and are subject to disclosure by the City under the Public Records Act,
Chapter 42.56 RCW ("the Act"). Consultant agrees to safeguard and preserve records in accordance
with the Act. The City may be required, upon request, to disclose the Agreement, and the documents
and records submitted to the City by Consultant, unless an exemption under the Public Records Act
applies. If the City receives a public records request and asks Consultant to search its files for responsive
records, Consultant agrees to make a prompt and thorough search through its files for responsive
records and to promptly turn over any responsive records to the City's public records officer at no cost
to the City.
7. Relationship of the Parties; Independent Consultant.
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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 City shall not be responsible for withholding or otherwise deducting
federal income tax or social security or contributing to the State Industrial Insurance Program, or
otherwise assuming the duties of an employer with respect to the Consultant, or any employee 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. Indemnification.
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 attorneys' fees,
arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this
Agreement, except for injuries and 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, and volunteers, the Consultant's liability, including the duty and cost to defend,
hereunder shall be only to the extent of the Consultant's negligence.
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. THIS WAIVER HAS BEEN
MUTUALLY NEGOTIATED BY THE PARTIES.
The provisions of this section shall survive the expiration or termination of this Agreement.
9. Insurance.
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The Consultant shall procure and maintain for the duration of the 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:
limits:
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.
ii. Commercial General Liability insurance shall be written on ISO occurrence form CG
00 01 and shall cover liability arising from premises, operations, independent
Consultants and personal injury and advertising injury. The City shall be named as
an insured under the Consultant's Commercial General Liability insurance policy
with respect to the work performed for the City.
iii. Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
iv. Professional Liability insurance appropriate to the Consultant's profession.
B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance
Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
ii. Commercial General Liability insurance shall be written with limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate.
iii. 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 Provision. The Consultant's Automobile Liability, Commercial
General Liability, and Professional Liability insurance policies are to contain, or be endorsed to contain,
that they 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.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best rating of not less than ANIL
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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.
F. Notice of Cancellation. The Consultant shall provide the City with written notice
of any policy cancellation, within two business days of their receipt of such notice.
G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain
the insurance as required shall constitute a material breach of contract, upon which the City may, after
giving five business days' notice to the Consultant to correct the breach, immediately terminate the
contract or, at its discretion, procure or renew such insurance and pay any and all premiums in
connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole
discretion of the City, offset against funds due the Consultant from the City.
H. No Limitation. Consultant's maintenance of insurance as required by the
Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by
such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity.
10. Record Keeping and Reporting.
A. The Consultant shall maintain accounts and records, including personnel,
property, financial, and programmatic records, which sufficiently and properly reflect all direct and
indirect costs of any nature expended and services performed pursuant to this Agreement. The
Consultant shall also maintain such other records as may be deemed necessary by the City to ensure
proper accounting of all funds contributed by the City to the performance of this Agreement.
B. The foregoing records shall be maintained for a period of seven (7) years after
termination of this Agreement unless permission to destroy them is granted by the Office of the
Archivist in accordance with Chapter 40.14 RCW and by the City.
11. City's Right of Inspection and Audit.
A. 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 regulations that are now effective or become applicable within the terms 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.
B. The records and documents with respect to all matters covered by this Agreement shall
be subject at all times to inspection, review or audit by the City during the performance of this
Agreement. All work products, data, studies, worksheets, models, reports, and other materials in
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support of the performance of the service, work products, or outcomes fulfilling the contractual
obligations are the products of the City.
12. 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.
13. Termination.
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. Rights Upon Termination.
i. 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.
ii. 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 defaults)
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 Termination 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
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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 the "Notices" Section herein.
F. Nothing in this Subsection shall prevent the City from seeking any legal remedies it may
otherwise have for the violation or nonperformance of any provisions of this Agreement.
14. Discrimination Prohibited.
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. Violation of this Section 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.
15. Force Majeure.
Notwithstanding anything to the contrary in this Agreement, any prevention, delay or stoppage due to
strikes, lockouts, labor disputes, acts of God, acts of war, terrorist acts, inability to obtain services,
labor, or materials or reasonable substitutes therefor, governmental actions, governmental laws,
regulations or restrictions, civil commotions, casualty, actual or threatened public health emergency
(including, without limitation, epidemic, pandemic, famine, disease, plague, quarantine, and other
significant public health risk), governmental edicts, actions, declarations or quarantines by a
governmental entity or health organization, breaches in cybersecurity, and other causes beyond the
reasonable control of the Party obligated to perform, regardless of whether such other causes are (i)
foreseeable or unforeseeable or (ii) related to the specifically enumerated events in this paragraph
(collectively, a "Force Majeure"), shall excuse the performance of such Party for a period equal to any
such prevention, delay or stoppage. To the extent this Agreement specifies a time period for
performance of an obligation of either Party, that time period shall be extended by the period of any
delay in such Party's performance caused by a Force Majeure. Provided however, that the current
COVID-19 pandemic shall not be considered a Force Majeure unless constraints on a Party's
performance that result from the pandemic become substantially more onerous after the effective
date of this Agreement.
16. Assienment and Subcontract.
The Consultant shall not assign or subcontract any portion of the services contemplated by this
Agreement without the prior written consent of the City. Any assignment made without the prior
approval of the City is void.
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17. Conflict of Interest.
The Consultant represents to the City that it has no conflict of interest in performing any of the services
set forth in Exhibit "A." In the event that the Consultant is asked to perform services for a project with
which it may have a conflict, Consultant will immediately disclose such conflict to the City.
18. Confidentiality.
All information regarding the City obtained by the Consultant in performance of this Agreement shall
be considered confidential. Breach of confidentiality by the Consultant shall be grounds for immediate
termination.
19. Non -Appropriation of Funds.
If sufficient funds are not appropriated or allocated for payment under this Agreement for any future
fiscal period, the City will so notify the Consultant and shall not be obligated to make payments for
services or amounts incurred after the end of the current fiscal period. This Agreement will terminate
upon the completion of all remaining services for which funds are allocated. No penalty or expense
shall accrue to the City in the event that the terms of the provision are effectuated.
20. Employment of State Retirees.
The City is a "DRS-covered employer" which is an organization that employs one or more members of
any retirement system administered by the Washington State Department of Retirement Systems
(DRS). Pursuant to RCW 41.50.139(1) and WAC 415-02-325(1), the City is required to elicit on a written
form if any of the Contractor's employees providing services to the City retired using the 2008 Early
Retirement Factors (ERFs), or if the Contractor is owned by an individual who retired using the 2008
ERFs, and whether the nature of the service and compensation would result in a retirement benefit
being suspended. Failure to make this determination exposes the City to significant liability for pension
overpayments. As a result, before commencing work under this Agreement, Contractor shall determine
whether any of its employees providing services to the City or any of the Contractor's owners retired
using the 2008 ERFs, and shall immediately notify the City and shall promptly complete the form
provided by the City after this notification is made. This notification to DRS could impact the payment
of retirement benefits to employees and owners of Contractor. Contractor shall indemnify, defend, and
hold harmless the City from any and all claims, damages, or other liability, including attorneys' fees and
costs, relating to a claim by DRS of a pension overpayment caused by or resulting from Contractor's
failure to comply with the terms of this provision. This provision shall survive termination of this
Agreement.
21. Entire Agreement.
This Agreement contains the entire agreement between the parties, and no other agreements, oral or
otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind either of
the parties. If there is a conflict between the terms and conditions of this Agreement and the attached
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exhibits, then the terms and conditions of this Agreement shall prevail over the exhibits. Either party
may request changes to the Agreement. Changes which are mutually agreed upon shall be
incorporated by written amendments to this Agreement.
22. Non -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.
23. 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.
24. Notices.
All notices or other communications required or permitted under this Agreement shall be in writing
and shall be (a) personally delivered, in which case the notice or communication shall be deemed given
on the date of receipt at the office of the addressee; (b) sent by registered or certified mail, postage
prepaid, return receipt requested, in which case the notice or communication shall be deemed given
three (3) business days after the date of deposit in the United States mail; or (c) sent by overnight
delivery using a nationally recognized overnight courier service, in which case the notice or
communication shall be deemed given one business day after the date of deposit with such courier. In
addition, all notices shall also be emailed, however, email does not substitute for an official notice.
Notices shall be sent to the following addresses:
Notices to the City of Port Orchard shall be sent to the following address:
City Clerk
City of Port Orchard
216 Prospect Street
Port Orchard, Washington 98366
Bwallace@portorchardwa.gov
Phone:360.876.4407 Fax: 360.895.9029
Notices to the Consultant shall be sent to the following address:
Rice Fergus Miller, Inc
275 5th Street, Suite 100, Bremerton, WA 98337
Phone No.: 360-377-8773
Email: dkelly(o)-rfmarch.com
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25. Resolution of Disputes; 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.
26. Compliance with Laws.
The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that
are now effective or in the future become applicable to Consultant's business, equipment, and
personnel engaged in operations covered by this Agreement or accruing out of the performance of
those operations.
27. 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:
A. 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.
B. 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
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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.
C. 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 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.
D. 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.
E. 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:
i. withholding payments to the Consultant under the Agreement until the contractor
complies; and/or
ii. cancelling, terminating, or suspending the Agreement, in whole or in part.
F. 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.
28. Counterparts.
This Agreement may be executed in any number of counterparts, each of which shall constitute an
original, and all of which will together constitute this one Agreement.
29. Severability.
City of Port Orchard and Rice, Fergus, Miller, Inc.
Project: City Hall Construction Support Services
Updated 4/2022 IBDR
Page 12 of 36
DocuSign Envelope ID: 1 D9AE154-A51 E-41 FB-8D7E-ACD07F8B628C
Any provision or part of this Agreement held to be void or unenforceable under any law or regulation
shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the
City and the Consultant, who agree that the Agreement shall be reformed to replace such stricken
provision or part with a valid and enforceable provision that comes as close as reasonably possible to
expressing the intent of the stricken provision.
IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement as of the
dates listed below.
CON LT T
By: Q _
Dean Kelly,
Title: Principal
Date: June 28, 2023
City of Port Orchard and Rice, Fergus, Miller, Inc.
Project: City Hall Construction Support Services
Updated 4/2022 IBDR
CITY OF PORT 9R�HARD
ocugned by:
By:
r�b P4..A,S.A.
_
Robert Putaansuu, Mayor
6/28/2023
Date:
DocuSigned by:
VEST/�UVI TICATE
aln, �"
Brandy Wallace, MMC, City Clerk
DocuSigned by:
ED , ft-,.-S T7 FORM
Port Orchard City Attorney's Office
Page 13 of 36
DocuSign Envelope ID: 1 D9AE154-A51 E-41 FB-8D7E-ACD07F8B628C
EXHIBIT A
Scope of Services to be Provided by Consultant. The Consultant shall furnish services including,
but not limited to, the following outlined here or attached separately.
Rates for Services to be Provided by Consultant. The Consultant shall furnish the services in
accordance with the rates specified below or attached hereto,
City of Port Orchard and Rice, Fergus, Miller, Inc.
Project: City Hall Construction Support Services
Updated 4/2022 IBDR
Page 14 of 36
DocuSign Envelope ID: 1 D9AE154-A51 E-41 FB-8D7E-ACD07F8B628C
Rico gusmILLER 275 Fifth Street, Suite 100 Bremerton, WA 98337
ARCHITECTURE INTERIORS PLANNING VIZLAB (360) 377-8773 rfmarch.com
June 16, 2023
Mr. Chris Hammer, 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 Chris,
Rice Fergus Miller is pleased to present the following Letter of Proposal to provide professional
architectural services for the City Hall Improvement Project - Construction Support Services.
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 a solution to remedy this problem, including
new roofing, a new clock tower weatherization strategy, new siding and weather barrier, new
windows, treatment of the existing brick veneer, and added installation. The project scope will
also provide improvements to the building's HVAC system and lighting fixtures and controls.
Additionally, there will be (3) interior renovation projects and a major refresh to the finishes
throughout the building. A solar array over the existing generator house and adjacent parking
spaces will also be provided. We are basing our proposal on a total project budget of $8.2
million.
II. Scope of Services
Per our understanding with you, this proposal's scope of service is for construction support and
commissioning services.
Basic Services through this first phase of work consists of:
Construction Administration and Commissioning Services are provided by the Architect and
Consultants. Basic and Supplemental Services Include:
Basic Services: Architectural
• Attend pre -construction meeting
• Attend weekly OAC meetings and site walks for the assumed 12-month construction
duration
• Submittal reviews and responses
• RFI responses
• Review of Contractor Change Order Proposals (COPS)
• Field Reports
Page 15 of 36
DocuSign Envelope ID: 1 D9AE154-A51 E-41 FB-8D7E-ACD07F8B628C
Letter of Proposal
Port Orchard City Hall
June 16, 2023
Page 2
• Punch list and back -punch
• Structural Engineering Consultant services as noted in Proposal attached as Exhibit A.
• Mechanical Engineering Consultant services as noted in Proposal attached as Exhibit B.
• Electrical Engineering Consultant services as noted in Proposal attached as Exhibit C.
Supplemental Services:
Civil Engineering Consultant services as noted in Proposal attached as Exhibit D.
Building Envelope Consultant services as noted in Proposal attached as Exhibit E.
Mechanical Commissioning to include and as noted in Proposal attached as Exhibit B:
o Commissioning plan, including commissioning acceptance criteria
o Progress reports, issued after each visit
o Functional test results
o Commissioning report
o Commissioning compliance checklist, as required for final mechanical inspections
o Ecotope to commission the mechanical and lighting control renovated systems as
follows
■ Building heating and cooling
■ Building ventilation
■ Building management system
■ Lighting and lighting control
■ Photovoltaic system
Materials Testing and Special Inspections services as noted in Proposal attached as
Exhibit F.
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
Design Changes
Additional Consultants
o Landscape Architecture
o Lighting Design
o Traffic Engineering
IV. Owner Responsibilities
o AN, IT and
Telecommunications
LEED or other certifications required
planning & documentation
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.
Page 16 of 36
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Letter of Proposal
Port Orchard City Hall
June 16, 2023
Page 3
V. Schedule
It is assumed that the construction duration of this project will be approximately 12 months
starting in the summer of 2023.
VI. Compensation
Basic Services: Fixed Fees:
Architectural
Structural
Mechanical
Electrical
Total Basic Services:
Supplemental Services:
Civil
Envelope
Third -party Inspections:
Commissioning:
Reimbursable Expenses:
Total Supplemental Services:
Total Fee:
$219,959.22
$ 3,300.00
$ 38,500.00
$ 7,480.00
$269,239.22
$ 10,780.00 (Hourly to a max)
$ 31,900.00 (Hourly to a max)
$ 13,861.00 (Hourly to a max)
$ 45,650.00 (Fixed Fee)
$ 2,000.00
$104,191.00
$373,430.22
Additional Services, when requested, will be billed on an hourly basis at our standard hourly
rates, as listed in the attached 2023 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.
Page 17 of 36
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Letter of Proposal
Port Orchard City Hall
June 16, 2023
Page 4
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.
:pa --
Approved for Rice Fergus Miller by,
Dean Kelly, Principal
Architect, NCARB
Authorized for Owner by:
Name Title
Attachments: 2023 RFM Hourly Rate Sheet
Exhibit A - Structural Engineering Proposal
Exhibit B - Mechanical Engineering and Commissioning Proposal
Exhibit C - Electrical Engineering Proposal
Exhibit D - Civil Engineering Proposal
Exhibit E - Building Envelope Consultant Proposal
Exhibit F - Materials Testing and Special Inspection Services Proposal
Page 18 of 36
DocuSign Envelope ID: 1 D9AE154-A51 E-41 FB-8D7E-ACD07F8B628C
RiafergusmILLER
ARCHITECTURE INTERIORS PLANNING VIZLAB
275 Fifth Street, Suite 100
Bremerton, WA 98337
Phone: (360) 377-8773
rfmarch.com
2023 Hourly Billing Rates
Date of Proposal: June 15, 2023
Project: Port Orchard City Hall Improvement- Construction Support Services.
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:
Senior Planner:
Project Manager:
Project Architect:
Staff Architect:
Project Designer:
Staff Designer:
Interior Designer:
Technical Designer:
Production Support:
Graphics Visualization:
Project Coordinator:
Administrative Support Staff:
$ 250.00 - $ 300.00
$ 140.00 - $ 300.00
$ 130.00 - $ 250.00
$ 120.00 - $ 250.00
$ 110.00 - $ 190.00
$ 110.00 - $ 190.00
$ 100.00 - $ 190.00
$ 80.00 - $ 200.00
$ 100.00 - $ 170.00
$ 100.00 - $ 170.00
$ 140.00
$ 140.00
$ 90.00 - $ 140.00
Page 19 of 36
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May 17, 2023
Jason Ritter-Lopatowski, RA
Rice Fergus Miller
275 Fifth Street, Suite 100
Bremerton, WA 98337
Port Orchard City Hall
Additional Services Proposal
For Construction Administration Services
216 Prospect Street
Port Orchard, WA 98366
WSW No. 20042
Dear Jason,
As we have previously discussed, I am sending you this proposal requesting additional fee
due to additional anticipated effort and design services. These additional services stem from
the greater than anticipated effort expected to coordinate and review the constructed on a
design -build basis. Our additional fee would break down as follows:
Scope Previous Fee Proposed Fee
Construction Documents:
Construction Administration:
$6700
$6700
$1800 + $1200 = $3000
9700
Please do not hesitate to contact me with any questions or concerns.
Sincerely,
Bill Williams, P.E., S.E. Rice Fergus Miller
Consultant Client
Signed: Signed:
Date: 05-17-2023 Date:
LWSW ENGINEERING PO BOX 11678, BAINBRIDGE ISLAND, WA 98110 (206) 402-2906 ,
DocuSign Envelope ID: 1 D9AE154-A51 E-41 FB-8D7E-ACD07F8B628C
ECOTOPE
PROPOSAL
Project: Port Orchard City Hall Mechanical Design Proposal
To: Jason Ritter-Lopatowski, Rice Fergus Miller
From: Shawn Oram, Ecotope
Date: March 10, 2023
Ecotope, Inc.
1917 1st Avenue, Suite 300
Seattle, WA 98101
P: 206-322-3753
F: 206-325-7270
Ecotope appreciates the opportunity to propose on the Port Orchard City Hall Mechanical Design. This proposal
is based on our understanding of the scope as conveyed via email and phone correspondences.
The goals for the project are to replace aging equipment, make the building all electric, improve comfort, and
reduce energy usage. These retrofits can reduce the energy usage by 50% over current usage and more
importantly set the building up to be compliant with future climate mandates around electrification and energy
use reductions.
This proposal has been updated to include construction administration and commissioning services and scope.
Mechanical Design Services
This proposal assumes Ecotope will be the Engineer of Record for the HVAC and DHW design for this major
HVAC/DHW retrofit. This scope covers DD, CD, Permitting, Bid, and CA services.
• DD, CD, Permit Submittal, Bid Phase, CA support for HVAC and DHW design upgrades.
• Develop demolition plan set for HVAC and Plumbing Systems.
• Design new Dedicated Outdoor Air System (DOAS) to fit within the basic framework of the existing VAV
ductwork and AHU's. This scope will replace the primary air -handlers with DOAS energy recovery
ventilation systems and provide a balanced ventilation system.
• Design new VRF system for heating and cooling. This scope will eliminate the existing gas boiler and
replace the current chiller with a VRF plant and route refrigerant piping to new zoning systems per
owner's preference.
• Design new HPWH for existing gas DHW system. Design will size and replace current gas fired water
heater with a high efficiency heat pump water heating system.
• Design new control system for VRF and DOAS system
• Provide Energy Code compliance documentation for envelope and mechanical systems.
• Provide mechanical and plumbing permit package for City of Port Orchard plans review.
• Perform 1 site visit during DD phase to study the existing systems and develop our design plan and
approach.
• Respond to bidder questions and review and comment on bid package.
Ecotope, Inc. 1
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PROPOSAL
Port Orchard City Hall Mechanical Design Proposal
• PSE Incentive negotiations for HVAC and DHW upgrades, Lighting calcs and controls assumed by others.
• CA phase assumes submittal reviews, response to RFI's, and 3 site visits (rough in, substantial, punch).
Additional Services
Ecotope proposes to lead, plan, schedule, and coordinate a commissioning process as a consultant to RFM. This
proposal focuses on commissioning coordination as conveyed in the specifications the Ecotope included in the
construction documents. The day-to-day commissioning provider will be assigned once the project starts, based
on availability. Our commissioning services follow the Building Commissioning Association's Essential Attributes.
Additionally, our proposal follows the project's specifications and meets the commissioning requirements within
the 2018 Washington State Energy Code, Section C408.
TASK 1: COMMISSIONING
Ecotope will review the construction documents including the MEP engineers' "Basis of Design". We will
develop a commissioning plan that lists coordination items with deliverable dates to facilitate resolving
potential system operation issues before they cause installation or turnover delays.
• Deliverables:
1. Commissioning plan, including commissioning acceptance criteria
2. Progress reports, issued after each site visit
3. Functional test results
4. Commissioning report
5. Commissioning compliance checklist, as required for final mechanical inspection.
COMMISSIONED SYSTEMS
• Ecotope will commission mechanical and lighting controls renovated systems as follows:
1. Building Heating & Cooling
2. Building Ventilation
3. Building management system
4. Lighting and lighting controls
5. Photovoltaic system, if installed
Key Assumptions
• Construction administration work is separate from the commissioning process. Commissioning does not
include product submittal approval, RFI response, engineer of record site visits, etc.
Ecotope, Inc. I 2
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PROPOSAL Port Orchard City Hall Mechanical Design Proposal
Potential Additions to Commissioned Systems
The systems listed below are excluded from this proposal for the reasons noted. Any of these systems may be
added to this proposal for an additional fee.
1. Continuous Air Barrier / Envelope. Assumed to be tested by other consultant. Reference Washington
Energy Code Section C402 for testing requirements.
Proposed Fee
Basic Services - 100% CD Full Design
DID
CD
Bid & CA
Full Mechanical Design Services
Complete
In Process
$35,000
TOTAL: NA NA $35,000
Additional Services
Total
CD
Bid & CA
Full Commissioning Services
$45,000
$3,500
$41,500
TOTAL:
CLIENT ACCEPTANCE OF PROPOSAL
Signed:
Name/Title:
Date:
Exclusions
$45,000 $3,500 $41,500
Any scope, process and deliverables not shown in above Scope of Basic Services shall be Additional Services and
may be provided as defined in Proposal Terms and Conditions below.
Proposal Terms and Conditions
These Terms and Conditions further define the basis of this Proposal and govern its complete content:
Background Changes: Background drawing revisions greater than the quantity listed in the Scope of Services
may incur additional fees to be billed as Time & Expense if significant effort is required for their incorporation.
Revised drawings will be delivered one (1) week after receipt of new electronic background drawing files.
Major Design Changes: Major design changes after 25% CD may incur additional services fees if major changes
require recalculation of loads, reselection of equipment, or relocation of equipment.
Project Schedule: Our proposal is based upon the project schedule identified by the Client at time of proposal.
We agree to perform our work within this project schedule. Design changes to work previously performed or
Ecotope, Inc. I 3
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PROPOSAL Port Orchard City Hall Mechanical Design Proposal
schedule extensions of more than 1-year or compressions may require additional compensation and expenses
beyond those listed in this proposal.
Reproduction: Our proposal assumes that the Client or Architect will be responsible for printing/reproduction
costs, including one hard copy of complete plan set per phase of work.
Construction Cost Estimates: Cost estimates are an opinion of probable construction costs. It is recognized that
neither the Owner, the Client, nor we have control over the costs of labor, equipment or materials, or over the
Contractor's methods of determining prices. Any opinion of probable construction cost is based upon our
reasonable professional judgment and experience and does not constitute a warranty, express or implied, that
Contractor's bids or negotiated prices will not vary from Project's budget or construction costs estimates.
Value Analysis: We will provide ongoing value analysis (value engineering) throughout the design process, but
value analysis after the issue of documents will be accepted on an Additional Services basis.
Additional Services: Project design scope, process and/or deliverables that are not identified by this Proposal as
Basic Services are Additional Services. We will identify any work requested of us which is deemed to be outside
or beyond our Basic Services to our Client and will not proceed with any additional work until written
authorization to proceed has been given or acknowledged by our Client. If Client has authorized such additional
work in either verbal or written form, Client shall be responsible for payment for those additional services
regardless of payments' status from Owner or others.
Billings/Payments: We shall invoice our Client on a monthly basis. Invoices shall be due upon receipt or upon
our Client's receipt of payments for our services from Owner or others depending upon Project's design team
structure and shall be paid in full by Client without any setoffs, withholdings, discounts or penalties for any
reason by Client or Owner. Accounts unpaid 30 calendar days after date of invoice date may be subject to a
monthly service charge of 1.5% per month on the then unpaid balance. If an invoice is not paid within 60
calendar days, we may, without waiving any claim or right against our Client, and without liability whatsoever to
our Client, terminate our performance of our services. In the event any portion or all of an account remains
unpaid 90 calendar days after billing, the Client shall pay all costs of collection, including reasonable attorneys'
fees and our time and expenses to obtain payment.
Insurance: Any insurance requests associated with these services shall be directed to accounting@ecotope.com.
Reimbursable Expenses. No reimbursable or markup expenses are anticipated on this project.
Instruments of Service. All Instruments of service prepared under this Agreement shall become the property of
the Client and Consultant upon payment in full of all undisputed payments due to the Consultant.
Termination/Suspension of Services. This Agreement may be terminated by either party at any time, with or
without cause, with written notice submitted ten (10) working days prior to the termination date.
Limitation of Liability. The Client agrees, to the maximum extent permitted by law, to limit the liability of
Consultant for the Client's damages to Consultant's professional liability insurance coverages.
Waiver of Consequential Damages. Consultant and Client waive consequential damages for claim, disputes or
other matters in question arising out of or related to this Agreement.
Ecotope, Inc. I 4
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PROPOSAL
Port Orchard City Hall Mechanical Design Proposal
Assignment. Consultant shall not transfer or assign any rights under or interest in this Agreement (including but
not limited to monies that are due or monies that may be due) without the prior written consent of Client.
Subcontracting to consultants normally contemplated by the Consultant shall not be considered an assignment
for purposes of this Agreement, for as long as Consultant shall remain responsible under this Agreement. Client
may assign this Agreement and instruments of service under this Agreement to any third party.
Governing Law and Jurisdiction. The Client and the Consultant agree that this Agreement and any legal actions
concerning its validity, interpretation and performance shall be governed by the laws of the State of
Washington. It is further agreed that any legal action between the Client and the Consultant arising out of this
Agreement or the performance of the services shall be brought in a court of competent jurisdiction.
Ecotope, Inc. I 5
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Ad
■
April 20, 2023
Rice Fergus Miller Architecture
Attn: Jason Ritter-Lopatowski
275 Fifth Street, Suite 100
Bremerton, WA 98337
CROSS ENGINEERS, INC.
Re: Port Orchard City Hall Construction Administration - Electrical Fee Proposal
Mr. Jason Ritter-Lopatowski,
We welcome the opportunity to offer our electrical engineering services for your consideration. We
understand the scope is for construction support related to the Port Orchard City Hall project.
Construction Administration:
• Attend pre -construction kickoff meeting.
• Respond to Division 26 bidding and construction BFI's through Architect.
• Review Division 26 shop drawing equipment submittals.
• Review of contractor change order (COP) costs.
• Prepare electrical field reports from (3) site visits to evaluate construction.
• Prepare electrical final punch list and perform back check.
Design Fee
For the above workscope we propose a lump sum design fee of $6,800.00 through construction.
Work will be billed monthly on a percentage complete basis.
Billing
Work will be billed monthly on a percentage complete basis.
We look forward to your favorable review and working with Rice Fergus Miller on the project. Our
office has permanent staff available for assignment to this project with your notice to proceed.
Sincerely,
2eoe-
Scott Kelly
Cross Engineers, Inc.
923 Martin Luther King Jr. Way, Tacoma, WA. 98405 * Phone: (253) 759-01 18
DocuSign Envelope ID: 1 D9AE154-A51 E-41 FB-8D7E-ACD07F8B628C
i
Page 1 of 3
PROFESSIONAL SERVICES AGREEMENT
N.L. OLSON & ASSOCIATES, INC.
2453 BETHEL ROAD
P.O. BOX 637
PORT ORCHARD, WA 98366
(360) 876-2284 FAX: (360) 876-1487
DATE: April 20, 2023 Job #: 12237
CLIENT: RICE FERGUS MILLER Direct: (360) 362-1419
Attn: Jason Ritter-Lopatowski email: JRitter@rfmarch.com
5300 NW Newberry Hill Road Suite 101
275 5th St Suite 100, Bremerton, WA 98337
PROJECT NAME OR TYPE: "On -site Earthwork Observations of Pin Pile Installation"
ON BEHALF OF THE CLIENT, N.L. OLSON & ASSOCIATES, INC. SHALL PERFORM THE FOLLOWING SERVICES:
FIELD SERVICES
HOURS
FEES
RATE
FIELD TECHNICAIN ON SITE OBSERVATION OF PIN PILE
INSTALLATION HAS BEEN FIGURED FOR ABOUT 2
WEEKS. FIRST WEEK 40 HOURS THEN PART
60
$100.00/hr
$6,000.00
AFTERWARDS WITH FOLLOW UPS OF ABOUT 20
HOURS.
ENGINEER PROJECT MANAGEMENT 20 HOURS
20
$190.00/hr
$3,800.00
ANTICIPATED FEE FOR CONSRUCTION MONITORING SERVICES $9,800.00
Note: The fees for our services could be greater if the earthwork is extended beyond our estimate or less if earthwork is completed in
less time than our estimate.
If the construction monitoring services exceeds the estimate above, NLO will provide a change order with modifications for the
anticipated additional services.
N.L. OLSON & ASSOCIATES, INC. AGREES TO PERFORM THE SERVICES FOR OR AT THE FOLLOWING LOCATION:
Proposed Solar Panel Array, Pin Pile Installation, 216 Prospect Street, Port Orchard, WA 98366,
Parcel Numbers:4650-008-001-0106
PLEASE NOTE: ALL STATE, CITY AND COUNTY FEES ARE NOT INCLUDED IN THIS CONTRACT AMOUNT.
THE FEE ARRANGEMENT UNDER WHICH THE CLIENT AGREES TO COMPENSATE N.L. OLSON & ASSOCIATES, INC. IS AS FOLLOWS:
NLO understands that the new solar panel array structure is 20 feet by 40 feet with the long dimension trending east to west. For foundation
support, the proposed structure will utilize six (6) pile caps each supported by four (4) pin piles. The desired allowable axial capacity is 60 kips for
of each pile cap location.
Time and Materials estimated amount of $9,800, these fees include the on -site observation of the pin pile installation, project letters,
and project management.
RECEIPT OF THIS SIGNED PROFESSIONAL SERVICES AGREEMENT ALONG WITH THE RETAINER /N THE AMOUNT OF $ N/A WILL
SERVE AS AUTHORIZATION TO PROCEED.
This AGREEMENT between the parties consists of the scope of services described above, the attached GENERAL TERMS AND CONDITIONS.
Together, these elements will constitute the entire AGREEMENT superseding any and all prior negotiations, correspondence, or agreements
either written or oral. Any changes to this AGREEMENT must be mutually agreed to in writing. This agreement was developed to be fair and
reasonable to both parties. The CLIENT should understand when signing that modern construction creates risks, which cannot be entirely
eliminated through the services N.L. Olson & Associates, Inc. Therefore, in signing this agreement the CLIENT understands that is not providing
a warranty or assurance as to the performance of the project.
TERMS AND CONDITIONS:
Standard of Care
Topographic, surface, and subsurface geologic conditions in the state of Washington are unique as compared to other regions in the United States.
Services conducted by N.L. Olson & Associates, Inc. under the agreement will be conducted in a manner consistent with the level of care and skill
ordinarily exercised by members of the civil and geotechnical profession practicing in the same locality under similar conditions. No other
representations express or implied and no warranty or guarantee is included in the agreement, or in any report, opinion, document, or otherwise.
Page 27 of 36
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Solar Panel Array Structure
4/20/2023
Page 2 of 3
Material Samples
Soil samples utilized for laboratory testing, soil specimens, will either be disposed or destroyed after testing. At the client's request, NLO will store
or deliver samples back to client at an additional fee for these services.
Limits of Liability
The CLIENT agrees to limit liability of N.L. Olson & Associates, Inc. and their employees for injury or loss arising from professional errors or
omissions to a maximum of $50,000 or N.L. Olson & Associates, Inc. fee, whichever is greater. Total aggregate liability of all those named
including subcontractors shall not exceed $50,000. If the CLIENT is not willing to limit liability as indicated above, upon written request prior to
the commencement of services, an increase in the limit of liability may be negotiated for an additional fee.
Limitations on liability and indemnities are business understandings between the parties and shall apply to all the different theories of recovery,
including breach of contract or warranty, tort (including negligence), strict or statutory liability, or any other cause of action, except for willful
misconduct or gross negligence. Parties mean the CLIENT and N.L. Olson & Associates, Inc. their officers, employees, agents, affiliates and
subcontractors. The parties also agree that the CLIENT will not seek damages in excess of the limitations indirectly through suits with other parties
who may join as a third -party defendant.
Both CLIENT and N.L. Olson & Associates, Inc. agree that they will NOT be liable to each other, under any circumstances, for special,
consequential, or punitive damages arising out of or related to the professional services provided.
Disputes:
In the event of any dispute arising out of this agreement, the parties agree to submit the dispute to non -binding mediation. In any action brought
for such dispute, the prevailing party shall be entitled to recover its reasonable costs and attorney fees.
Ownership of Documents
The client has right of ownership of deliverable documents as specified in the agreement. All design, survey, mapping documents, calculations,
notes or other tangible and intangible documentation including electronic media completed by N.L. Olson & Associates, Inc. are instruments of
service in the performance of the agreement. Electronic media of the design, survey, study, or mapping remains in the possession of N.L. Olson
& Associates, Inc.
Third Parties
Professional services provided by N.L. Olson & Associates, Inc. including the creation of deliverables/professional reports under the professional
services agreement are for the express purpose of the CLIENT and their agents with specific application to the project site and within the specific
limitations that the scope of professional services was based on. Nothing contained herein shall confer any rights upon or create any duties on
the part of N.L. Olson & Associates, Inc. toward any persons or entities not a part of this agreement. The opinions and recommendations contained
in any reports or documents are null and void if used for any purposes other than those under which the agreement was created. Reliance thereon
by third parties not an express party or intended party to the agreement is at their own risk.
Cost Opinions:
Any cost estimates or project cost evaluations provided by N.L. Olson & Associates, Inc. will be on a basis of experience, judgment, and on
estimated market conditions at the time the estimate is provided. The client recognizes that N.L. Olson & Associates, Inc. has no control over
market or bidding conditions, and that N.L. Olson & Associates, Inc. cannot warrant that actual bids or construction cost, will not vary from these
estimates; the client waives any claim and agrees to defend, indemnify, and hold N.L. Olson & Associates, Inc. harmless for injury or loss including
cost of defense that may arise from the accuracy or inaccuracy of such opinions.
Payment:
Invoice/statements are prepared every month and are due upon receipt of invoice / statement. Interest will be charged at the rate of 1.5% per
month for payments not received within 30 days of date of invoice. At times when little work is performed, statements may be submitted less often
to minimize bookkeeping. Before preliminary or final plans are submitted to reviewing agencies, ALL progress billings to date must be paid in full.
Submittals will not be made and no additional work will be completed until payment is received.
Hourly Fee Schedule:
Charging for civil engineering, geotechnical engineering, surveying and planning services on an hourly basis is recommended when the scope of
services is not readily defined, the scope is subject to change, or special or changed conditions are anticipated. If one of these conditions are
encountered or selected the hourly charges will be determined as follows:
PROFESSIONAL SERVICES
HOURS
CONSULTING SERVICES STAFF GEOLOGIST
$100.00
CONSULTING SERVICES PROJECT ENGINEER
$190.00
CONSULTING SERVICES PRINCIPLE
$200.00
Expert testimony, depositions or any other sworn legal testimony on behalf of the client will be charged at expert witness rates on an hourly basis
with a minimum charge of 8 hours. All work performed in preparation for court appearance or other litigation support will be charged at the
appropriate staff class hourly rate.
Reimbursable Expenses:
Reimbursable expenses are in addition to compensation for the professional services described. Reimbursable expenses are the minor expenses
incurred by N.L. Olson & Associates, Inc. and their employees during the execution of this agreement.
Termination:
This agreement may be terminated for convenience by either party on 30 days written notice; or in the event of breach of any portion of the
agreement or in the event of substantial failure performance by either party or the client suspends work for more than three (3) months. On
termination, N.L. Olson & Associates, Inc. will be paid for all authorized work performed up to the termination date plus reasonable termination
expenses, including, but not limited to the cost of completing analyses, records and reports necessary to document job status at the time of
termination; reassignment of personnel, subcontract termination costs; and related closeout costs.
Page 28 of 36
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Solar Panel Array Structure
4/20/2023
Collection
In case suit or action is initiated, or in case this contract is placed in the hands of an attorney for collection of amounts owing for work authorized
herein, or any portion thereof, or for any other breach by client or agent or other property owner, the client agrees and promises to pay such
additional sum as the court may adjudge reasonable as attorney's fees and costs associated with collection activity or related legal action.
The venue for any such suit or action may be laid at the option of N.L. Olson & Associates, Inc. in Kitsap County District or Superior court in Kitsap
County, Washington.
Liens:
The work contemplated herein shall, when performed, constitute an improvement to real property and the entire parcel of real property may be
subjected to a labor or materialmen's lien in the event of non-payment pursuant to RCW. Chapter 60.48.
N.L. Olson & Associates, Inc. understands that the client may not be the owner or interest holder in real property described in the agreement.
Nevertheless, by providing right of entry, the client warrants that they have express or implied authority to act on behalf of the property owner or
interest holder. As a result the property owner or interest holder, through the client, hereby agrees, that services to be provided by N.L. Olson &
Associates, Inc. constitute a benefit and or improvement to said owner's property, including but not limited to a future sale, and said owner or
interest holder further agrees that the lien hereinabove referred to may be placed against the entire parcel of real property.
The client, and property owner or interest holder of the property acknowledges by authorizing the scope of services that he understands and has
been notified that a lien may be claimed for work done or materials furnished under the agreement, and hereby waives further notice.
Changed/Special Conditions:
The "approximate cost of work", has been determined on the basis of expected normal conditions for the work. The final cost of the work may
vary considerably depending on the actual conditions encountered during the performance of the work. If during the execution of the work
described in this agreement, changed or special conditions are encountered which could not have been reasonably anticipated, N.L. Olson &
Associates, Inc. will perform the additional work associated with the changed or special condition on a time and material basis. The performance
of this work is considered an additional cost and is in addition to the previously agreed upon compensation. The client will be notified and approval
granted prior to the execution of this additional work. Frequent and common changed or special conditions that can affect the scope of professional
services are discovery of encroachments on property, unknown subsurface conditions, and non-standard conditions of approval placed on the
project by the reviewing agencies.
Severability and Survival:
If any of the provisions contained in these general terms and conditions or the agreement are held illegal, invalid or unenforceable, the
enforceability of the remaining provisions shall not be impaired thereby.
Independent Contractor
Each party shall be fully independent in performing the WORK and shall not act as an agent or employee of the CLIENT. N.L. Olson & Associates,
Inc. shall be solely responsible for its employees, subcontractors, and agents and for their compensation, benefits, contributions, and taxes, if any.
Assignment
Neither party to this AGREEMENT shall assign its duties and obligations hereunder without the prior written consent of the other party.
Force Maieure
N.L. Olson & Associates, Inc. shall not be responsible for any delay or failure, unless otherwise originally considered as a design parameter, of
performance of any part of this AGREEMENT to the extent such delay or failure is caused by fire, flood, explosion, war, terrorist attack, strike,
embargo, change in government requirements, civil or military authority, acts of God, act or omission of subcontractors, carriers, customer or other
similar causes beyond its control.
Integration and Entire Agreement
This AGREEMENT and the documents attached hereto, and which are incorporated herein, constitute the entire AGREEMENT between the
parties and cannot be changed except by written instrument signed by N.L. Olson & Associates, Inc. and the CLIENT. This AGREEMENT is
intended by the parties as the final, complete and exclusive expression of the terms and conditions of their agreement.
Acceptance of Proposal/ Authorization to Proceed:
I HAVE READ AND UNDERSTAND THE PROPOSED SERVICES, TERMS, SCHEDULE OF CHARGES, AND THE GENERAL CONDITIONS IN
AND ATTACHED TO THIS AGREEMENT, THIS SCOPE OF WORK PROPOSAL COMPRISES THE ENTIRE AGREEMENT, AND THERE ARE
NO OTHER ORAL AGREEMENTS OR UNDERSTANDINGS THAT HAVE BEEN MADE OR ENTERED INTO THAT COULD MODIFY THIS
AGREEMENT. I HEREBY ACKNOWLEDGE RECEIPT OF A COPY OF PHIS AGREEMENT. I HEREBY AUTHORIZE N.L. OLSON &
ASSOCIATES, INC., TO PERFORM THE SCOPE OF WORK DESCRIBED HE�tEIN, / JVDDIII AGREE TO BE RESPONSIBLE FOR THE PAYMENT
OF CHARGES FOR SAID WORK. /
CLIENT Signature (or client representative) DATE (For) N.L. OLSON & ASSOC., INC. 411(- Z 9 zpz 7
PLEASE PRINT NAME
Page 29 of 36
DocuSign Envelope ID: 1 MAD 54-A51 E-41 FB-8D7E-ACD07F8B628C
WETHERHOLT AND ASSOCIATES, INC
March 7, 2023
Rice Fergus Miller
275 Fifth Street, Suite 100
Bremerton, Washington 98337
Attn: Jason Ritter-Lopatowski
Office: 360-377-8773
Mobile: 858-254-2930
Email: jritter(krfmarch.com
Ref: Roofing and Exterior Wall Inspection Services Proposal — Phase 2 Revision
Port Orchard City Hall
216 Prospect Street
Port Orchard, Washington 98366
Greetings,
As discussed with Jason Ritter-Lopatowski, we are pleased to submit our revised proposal for Phase
2 services, roofing and exterior wall inspection services, for the Port Orchard City Hall project.
We understand our scope of work would include the following:
Phase 2: Construction Phase — Estimated Cost $29,000
- Submittal and RFI review.
- Attendance at pre -con meetings for roofing, exterior wall weather barrier, and related flashing.
- Perform part-time inspections of the application of roofing, weather barrier and related
flashings. We have based our proposal on approximately 15 inspections.
- Perform punchlist inspections and final inspections at the conclusion of the project.
- Preparation of field reports with photographs following each site visit.
- Field report quality assurance review by a Sr. Field Engineer.
A total budget of $29,000 should be set aside for these services.
The actual cost for services will depend upon the time spent. Billing will be on an hourly basis and
invoices are itemized showing dates, hours, and description of work performed. We have outlined
our anticipated scope above. Should it appear the probable cost of consulting services will be
exceeded, authorization would be requested prior to the performance of additional work.
14715 NE 95th Street, Suite 100 • Redmond, WA 98052
Phone:425-822-8397 • Fax:425-822-7595
WWVPl5com
DocuSign Envelope ID: 1 D9AE154-A51 E-41 FB-8D7E-ACD07F8B628C
Roofing and Exterior Wall Inspection Services Proposal — Ph 2 Rev Page 2
Rice Fergus Miller March 7, 2023
Port Orchard City Hall
The billing rate for Ray Wetherholt, PE/RRC/RWC/REWC/RBEC/FRCl/F-IIBEC is $340/hr. The
billing rate for Don Davis, RRC/RWC/REWC/RBEC; Bob Card, F-IIBEC,
RRC/RWC/REWC/RBEC; Mike Caniglia, RRO/RRC/RWC/REWC/RBEC; Pravat
Sripranaratanakul, RRO/RRC/RWC, Jose Laurean, RRO/RRC/RWC, Principals of Wetherholt and
Associates, Inc. is $240/hr. Field Engineers are billed at $205/hr. Roofing Application Inspectors
and Technical Services are billed at $120/hr. for straight time, overtime at $180/hr. Technical
Assistants are billed at $90/hr. Expenses are billed at cost plus 10%. Mileage will be billed at $0.70
per mile. Time is billed portal to portal.
Assumptions and Exclusions:
• Services are limited to the following building envelope assemblies:
o Exterior wall weather barrier/air barrier, and related penetration flashing
o Roofing and roof flashing assemblies
• We assume that the contractor will provide access as required for inspections.
• The contractor will provide all site safety and site access training required for access to perform
inspections.
• Not included is any specialized safety training or other specialized certifications that will be required to
perform inspections.
• Not included is any assembly performance testing (e.g. air barrier testing, pressurized window testing).
• We assume no overtime hours will be needed during the project.
• We are not responsible for acceptance or integration of our design review comments into the project
documents and accept no liability for the project design or construction.
• Final product selection, specification and design detailing are the responsibility of the Architect or Owner.
• Proper execution of the design is the responsibility of the Contractor.
In order to briefly clarify the duties of the inspector: the inspector monitors the material application
by verifying that the contractor is following the specifications. The inspector measures lap seams
and verifies that the materials specified are the materials used, that the installation methods conform
to the manufacturer's recommendations and the Architect's specifications.
Should conflicts arise between the specifications and the installation, the inspector resolves the
problem by calling the appropriate party for an answer. We encourage our inspectors to ask
questions, remembering the cliche "the only dumb question is the one that was not asked".
As the inspector observes items requiring correction, these are pointed out to the foreman of the
construction crew. If the item conflicts with the specification and is not easily resolved, it is noted in
a daily report. These reports discuss what occurred on the project during the day of the report and
are relatively detailed in comparison to the standard testing laboratory report.
The inspector's authority is limited, in that they cannot change the specifications, direct the work, or
perform the work. They are there to observe that the material is installed in accordance with the
specifications and good practice. Neither is the inspector the guarantor of the performance of the
roof or waterproofing membrane; the manufacturer and the installer provide guarantees because they
make and install the material.
Inspections are performed by personnel experienced in material application inspection and who are
employees of Wetherholt and Associates, Inc.
Page 31 of 36
DocuSign Envelope ID: 1 D9AE154-A51 E-41 FB-8D7E-ACD07F8B628C
Roofing and Exterior Wall Inspection Services Proposal — Ph 2 Rev Page 3
Rice Fergus Miller March 7, 2023
Port Orchard City Hall
We are continually updating our inspectors by exposing them to the differing types of roofing,
waterproofing and cladding and meeting with materials representatives to discuss their particular
requirements. In addition, we regularly meet with contractors to discuss products and application
techniques. Our personnel attend local and national seminars where we learn additional roofing,
waterproofing and cladding related information.
Wetherholt and Associates, Inc. does not guarantee the product application or materials, as this is the
province of the manufacturer and applicator. We provide experienced eyes and judgment, along
with detailed reporting to represent the client in a professional manner.
We have performed similar services for clients including Benaroya Company, Kemper
Development, Rosen Properties, and Martin Smith. Services included investigation of leakage, and
evaluation of roof membrane, wall transitions, sheet metal flashings, below grade waterproofing, and
walking decks.
By retaining Wetherholt and Associates, Inc. you will be working with a knowledgeable consultant
familiar with the various building envelope systems available. However, due to the nature of
building envelope specification, installation, and consulting, we have found it necessary to limit our
liability.
You, as our client, agree to limit the aggregate amount of any damages and/or costs (including
attorney fees and expert witness fees) that you may recover against Wetherholt and Associates, Inc.
(together with its officers, directors, and employees) on any and all claims and/or causes of action
arising under or related to this Agreement and/or the Project to the amount of compensation paid by
you to Wetherholt and Associates, Inc. for our services pursuant to this Agreement. The types of
claims to which this limitation applies include, but are not limited to, claims based on negligence,
professional negligence, professional malpractice, professional errors or omissions, indemnity or
contribution, breach of contract, breach of expressed or implied warranty and strict liability.
In summary, we try to represent the client in a fair, professional manner that will result in a
weatherproof assembly, which lasts for the long term.
Should our proposal merit your approval, please so indicate your understanding and authorization to
proceed by your signature below, or issuance of a purchase order referencing this proposal, and
return a signed copy to us. This proposal will remain valid for 90 days and is subject to price and
term changes thereafter.
Thank you for the opportunity to discuss our services. If you have any questions, or if we may be of
further assistance, please do not hesitate to call.
Respectfully,
Don Davis, RRC, RWC, REWC, RBEC
Senior Field Engineer / Principal
Wetherholt and Associates, Inc.
Signature of Authorization
Date
M:\PROPOSALS\DON\PORT ORCHARD CITY HALL - PH 2 INSPECTION PROPOSAL 3-7-23 REV.DOC
Page 32 of 36
DocuSign Envelope ID: 1 MAD 54-A51 E-41 Fl3-8D7E-ACD07F8l3628C
i
MATERIALS TESTING & CONSULTING, INC.
Date: June 2, 2023
Client Name: Rice Fergus Miller Contact:
Address: 275 Fifth Street, Suite 100, Bremerton, WA 98337 Phone:
JASON RITTER LOPATOWSKI
Email: JRitter(&rfmarch.com Geotech of Record:
Architect: Same Based on Plans Dated.
Project: Name / Port Orchard City Hall Renovation- 216 Prospect St, Port Orchard, WA 98366
M 858-254-2930
Norm Olson
Bid Set
Materials Testing & Consulting, Inc. (MTC) thanks you for the opportunity, and respectfully submits the following proposal to provide materials
testing and special inspection services during construction of the above -referenced project. Combined with our past experience with projects of
similar size and scope, we estimate the total cost of our services for this project to be:
!ill Code
Item / Description
Unit
Quantity
Rate
Total
.EO CON
Pile Installation Observation, logging and sampling
Hour
16
$
100.00
$
1,600.00
?DS
Foundation & Slab Subgrade Compaction / VSI
Hour
20
$
85.00
$
1,700.00
?DS
Rock Course for Hardscaped areas/ Includes Native subgrade
Hour
12
$
85.00
$
1,020.00
AMPU
Sample Pickup if Required (Allowance)
Hour
2
$
85.00
$
170.00
C
Footings, Grade Beams and exterior concrete if desired
Hour
24
$
90.00
$
2,160.00
C
Base Plate Grout Sampling
Hour
6
$
90.00
$
540.00
M
Brick Veneer Anchorage
Hour
6
$
90.00
$
540.00
AB
Steel Fabrication Allowance if required( non-AISC shop)
Hour
6
$
99.00
$
594.00
W
Structural Steel - Site Welding - Visual
Hour
12
$
99.00
$
1,188.00
T
Cold -Formed Steel Framing - Seismic Resistant Construction
Hour
6
$
99.00
$
594.00
A
Epoxy & Expansion Anchors Allowance
Hour
6
$
90.00
$
540.00
Subtotal
- Special & Construction Inspection:
$
10,646.00
ill Code
Item / Description
Unit Quantity
Rate
Total
ROC
Moisture Density Relationship/Proctor
with Sieve Each 2
$ 320.00
$ 640.00
ONC
Concrete Compression Test Cylinders
- 4" x 8" - Sets of 5 Each 25
$ 30.00
$ 750.00
ROUT
Grout Compressive Strength Test
Each 3
$ 30.00
$ 90.00
Subtotal - Laboratory
Testing:
$ 1,480.00
roject Management
: Consulting
ill Code
Item / Description
Unit Quantity
Rate
Total
VI - STR
Project Management
Hour 5
$ 95.00
$ 475.00
Subtotal - Project Management & Consulting
Services:
$ 475.00
• Soils inspection and testing services are proposed to measure compliance with project documents, including drawings, specifications and the recommendation of the
soils report. In the event that a test or tests fail to meet the soils report's recommendations or if project conditions differ from approved project documents, it shall be
referred to the Geotechnical Engineer of Record for resolution.
• Prices are subject to change if this agreement is not executed within 90 days from the date of the bid.
• All services will be provided on a time and materials basis. The total is an estimate and the actual construction cost will be based on the project schedule and
sequencing. The estimate is not a guaranteed price. A four hour minimum charge applies to all work performed, billing is also based on a portal to portal basis. A
premium rate of 1.5 times the regular rate will be charge for overtime and 2 times the regular charge for Sunday's and holidays.
• MTC will utilize the laboratory based closest to the project site. MTC offers additional services upon request which will be billed at our regular fee schedule.
Acceptance of this proposal will constitute agreement to MTC standard general terms and conditions.
• Invoices are due and payable upon receipt. Any invoice not paid within thirty (30) days of the date rendered may be assessed a finance charge of one -and -one-half
(1'/2%) percent per month, for each month beyond thirty (30) days past due. Invoices not paid within sixty (60) days of the date rendered may result in MTC stopping
work until such invoices are paid in full. Invoices not paid within ninety (90) days of the date rendered may be referred to an independent company for collection.
Client will be responsible for all expenses incurred by MTC for the collection of any unpaid invoice(s), including collection fees, actual attorneys' fees, and costs for
legal counsel as stated in RCW 19.16.250.21. Furthermore, Client acknowledges that MTC may elect to withhold a Final Letter of Compliance for the project, and/or
place a lien on any real property until all outstanding invoices and/or fees have been paid in full.
Environmental • Geotechnical Engineering • Special Inspection • Non -Destructive Testing • Materials Testing
Burlington • Olympia • Bellingham • Silverdale • Tukwila
p: 360.755.1990 • £ 360.7535.f199880 • www.mtc-inc.net
Ppye 31 of l
DocuSign Envelope ID: 1 D9AE154-A51 E-41 FB-8D7E-ACD07F8B628C
MATERIALS TESTING & CONSULTING, INC.
Date: June 2, 2023
Client Name: Rice Fergus Miller Contact: JASON RITTER LOPATOWSKI
Address: 275 Fifth Street, Suite 100, Bremerton, WA 98337 Phone: M 858-254-2930
Email: JRitter(&rfmarch.com Geotech of Record: Norm Olson
Architect: Same Based on Plans Dated: Bid Set
Project: Name / Port Orchard City Hall Renovation- 216 Prospect St, Port Orchard, WA 98366
• As a mutual protection to clients, the public and ourselves, all reports are submitted as the confidential property of clients, and authorization for publication of
statements, conclusions or extracts from or regarding our reports is reserved pending our written approval.
• In closing, our experienced inspection staff will ensure the highest level of quality is brought to your project. We believe that our local staff and vast experience on
projects of similar size and scope make MTC the clear team member of choice for this project. We look forward to working with you.
Respectfully Submitted,
� //
DeaneRamsdell
360-508-6336
DHR(&mtc-inc.net
Client Authorized Signature
Printed Name & Title
Environmental • Geotechnical Engineering • Special Inspection • Non -Destructive Testing • Materials Testing
Burlington • Olympia • Bellingham • Silverdale • Tukwila
p: 360.755.1990 • £ 360.755.f199880 • www.mtc-inc.net
Pl�a�9631 of l
Date
DocuSign Envelope ID: 1 D9AE154-A51 E-41 FB-8D7E-ACD07F8B628C
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
City of Port Orchard and Rice, Fergus, Miller, Inc.
Project: City Hall Construction Support Services
Updated 4/2022 IBDR
Page 35 of 36
DocuSign Envelope ID: 1 D9AE154-A51 E-41 FB-8D7E-ACD07F8B628C
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 Rice, Fergus, Miller, Inc.
Project: City Hall Construction Support Services
Updated 4/2022 IBDR
Page 36 of 36