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061-23 - Kitsap Regional Library - Contract MOUDocuSign Envelope ID: AE15DBE4-5318-4C8F-8ED8-B48A09C354FC MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PORT ORCHARD AND THE KITSAP REGIONAL LIBRARY FOR DESIGN WORK FOR THE SOUTH KITSAP COMMUNITY EVENT CENTER THIS MEMORANDUM OF UNDERSTANDING pertains to the financing of certain design work for the South Kitsap Community Event Center, in Port Orchard, Washington ("MOU"), made and entered into upon mutual execution by and between the City of Port Orchard ("City") and the Kitsap Regional Library ("KRL"), a Kitsap County Rural Library District. WHEREAS, since 2018, the City, the Kitsap County Public Facilities District, and KRL have worked collaboratively to develop, design and finance the construction of the Port Orchard Community Event Center ("CEC"), a special events°center and library space to be constructed on Kitsap County Tax Parcel No. 4650-011-001-0001, located at 619 Bay Street, Port Orchard, Washington 98366 (the "Property"); and WHEREAS, in 2020, the City entered into a Professional Services Agreement, Contract C066-20 ("PSA") with architectural firm Rice Fergus Miller, Inc., (RFM) for design of the CEC, including limited design of the space to be occupied by KRL; and WHEREAS, the City and KRL are currently negotiating a financing and project partnership agreement ("FPP Agreement") to govern complete final design, construction and operations of the CEC; and WHEREAS, in the interim, KRL has requested modifications to the design for the designated KRL portion of the CEC and committed to paying for the costs associated with those design modifications; NOW, THEREFORE, the parties agree as follows: 1. Kitsap Regional Library shall pay the City the amount set out on Amendment No. 10 to the PSA, , which is Attachment 1 hereto and incorporated herein by this reference. This amount reflects the necessary additional design work to the KRL designated tenant space in the CEC, as set out on Attachment 1 hereto. KRL's payment shall be due within 30 days after its receipt of an invoice from the City. 2. The City will execute Amendment No. 10 to the PSA in order to incorporate the scope of work set out on Attachment 1. 3. The Parties acknowledge that this MOU shall be incorporated into the FPP Agreement but does not otherwise impact or set precedent for the terms and conditions the parties are currently negotiating in the FPP Agreement. IIVIANAGE\366922\0001 \ 10656352.v 1-4/ 17/23 DocuSign Envelope ID: AE15DBE4-5318-4C8F-8ED8-B48A09C354FC IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above. CITY OF PORT ORCHARD KITSAP COUNTY LIBRARY DISTRICT DocuSigned by: ESFfr84�B... r . By: Rob Putaansuu, Mayor By as n Driver, Director Dated: 5-10-2023 Dated: 5- �i-Z02'3 oRT 0\`�1��11411111fr(7r1�� ,,,,•4Q�y'N, %C1z co Lo N`��• `rfrrrrllllul �"� IMANAGE\366922\0001 \10656352.v 1-4/17/23 DocuSign Envelope ID: AE15DBE4-5318-4C8F-8ED8-B48A09C354FC Amendment No. 10 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 9' day of May, 2023, 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 5r' 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, on September 13, 2022, the City and the Consultant executed Amendment No. 7 to the Underlying Agreement, adding additional design work related to shoreline improvements and permitting; and WHEREAS, on December 13, 2022, the City and the Consultant executed Amendment No. 8 to the Underlying Agreement, adding additional design work LEED Certification feasibility; and WHEREAS, in February 2023, the City and Consultant executed Amendment No. 9 to the Underlying Agreement, adding a modification to the architectural plans to meet LEED silver certification; and WHEREAS, the City received funding from the Kitsap Public Facilities District ("KPFD") via an IMANAGE\3 66922\0001 \ 10668567.v 1-5/4/23 DocuSign Envelope ID: AE15DBE4-5318-4C8F-8ED8-B48A09C354FC 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, the City has learned that a condition of funding building and library construction from state funds is LEED certification; and WHEREAS, the City wishes, on behalf of the Kitsap Regional Library, to add design modifications to the CEC space to be occupied by the Library to the scope of work and has prepared this Amendment No. 10 to Contract No. C066-20 for this purpose; and WHEREAS, the Parties acknowledge that funding for the additional scope of work set out in Amendment #10 will be provided by the Kitsap Regional Library; and WHEREAS, the Parties wish to memorialize their agreement to so amend the Underlying Agreement; NOW, THEREFORE, In consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as follows: 1. The Underlying Agreement, including previous Amendments Nos. 1-9, is amended as follows (amendment shown in legislative marks): a. The Scope of Work is amended to add the tasks as set out on Attachment 1 hereto (Amendment #10 Request). b. The total contract cost is increased by $18,683.00, plus reasonable reimbursable expenses associated with performing the tasks in Attachment 1, and applicable taxes, all as set out on Attachment 1 hereto (Amendment #10 Request). c. 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. IMANAGE\3 66922\0001 \ 10668567.v 1-5/4/23 DocuSign Envelope ID: AEI5DBE4-5318-4C8F-8ED8-B48A09C354FC CITY OF PORT ORCHARD, WASHINGTON Lh uSigned by: �u acun,stxu Robert Putaansuu, Mayor ATTEST/AUTHENTICATED: DocuSigned by: Bran y Wa ace, NIMC, City Clerk APPROVED AS TO FORM: DocuSigned by: �b Qrckv Char o e rcher, City Attorney IMANAGE\366922\0001 \ 10668567.v 1-5/4/23 CONSULTANT Rice Fergus Miller, Inc. Da�"WXA �gnature Dean Kelly, cipal Printed Name and Title ",0111 U I I I I III,,,, kQpRT oRC ` O pVL RA p Teo. C 3c%? SEAL DocuSign Envelope ID: AE15DBE4-5318-4C8F-8ED8-B48A09C354FC _ --it No. 10 to Contract No. C066-20 RICO gUSMILLER ARCHITECTURE INTERIORS PLANNING VIZLAB April 6, 2023 Nick Bond Development Director City of Port Orchard 216 Prospect St Port Orchard, WA 98366 275 Fifth Street, Suite 100 Bremerton, WA 98337 (360) 377-8773 rfmarch.com Re: South Kitsap Community Events Center Amendment 10 Request KRL Revisions 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. Project Description Kitsap Regional Library (KRL), the designated tenant on the first level of the above referenced project, has requested changes to our design of their space. II. Scope of Services The project previously completed the Design Development phase and is moving into Construction Documents phase. The following scope is to revise the design and drawings based on the attached comments from KRL. The following disciplines are affected by the requested changes and are included in this scope of work: • Architectural • Mechanical Engineer • Structural Engineer • Electrical Engineer Ill. Exclusions and Additional Services This contract amendment is specific to the described revisions as illustrated in the attached plan comments. No other changes are covered in this contract amendment. IV. Owner Responsibilities It is our understanding that City of Port Orchard and Kitsap Regional Library will provide full information, including a program, setting forth its design objectives, constraints, and criteria; and, the services of other consultants not included here when such services are deemed to be necessary. DocuSign Envelope ID: AE15DBE4-5318-4C8F-8ED8-B48A09C354FC South Kitsap Community Events Center Amendment 10 - KRL Revisions April 6, 2023 V. Schedule We have a critical deadline of July 1, 2023 to complete building permit submittals prior to the WA State code cycle change. In order to meet this, we have begun the architectural work to implement these changes. Consultants will need to start their work as soon as possible in this month of April to stay on schedule. We are requesting immediate approval of this proposal. Vi. Compensation For the Scope of Services outlined above for Rice Fergus Miller and its consultants, compensation shall be a Fixed Fee of Eighteen thousand six hundred eighty three dollars (18,683.00); plus, reimbursable expenses and any applicable taxes. 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, Fergus Mit1c.an Kelly, Pri Architect Attachment: 230405 KRL Plan Revisions DATUPMEPPINIED: 636=E'E221PM • T II I I Ira -ram I 190 I I I � 1 Z------ II = --- �I I 1= ��►� � ---- , l J,1 ---=9 ------0 Al� I . --;,-- II b� IIII� I Iy o-� J. I�� _ im � HN --� S 4 y y pF E jig i !g�S -I..- I I I ' � 71{I I-�1'��.`' I _ I��I __IuuI t - �l PiZM„, ��y��op A� I I I I I� III I I I II I I II I I r I I I I iji---L---�L.- I [fin - II ---�-- II - �g� bib bb b b Dco r m O Z � O � 19! PORT ORCHARD COMM. EVENTS CENTER p CITY OF PORT ORCHARD 619 BAY STREET, PORT ORCHARD, WA 98366 02 DAMTIMEPRINM FVAM4:4MPM g---------- All Nol � p�� II III p LEE �_� ;1I1I m I cc PORT ORCHARD COMM. O Z g x EVENTS CENTER O m CITY OF PORT ORCHARD 619 BAY STREET, PORT ORCHARD, WA 96366 DATE/ TI ME PRINTE D. 9I.10.2Pa 442V PM -----0 --------0 �I III �� II I II I j — V 4— —----- �. 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