HomeMy WebLinkAbout066-20 - Rice Fergus Miller, Inc. - Contract Amendment 15Docusign Envelope ID: 5D855299-FD76-4D58-83E3-AD5922A47391
Amendment No. 15 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 27th
day of May, 2025, 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 5th 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, in May 2023, the City and Consultant executed Amendment No. 10 to the Underlying
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Agreement, making design modifications to portions of the CEC space to be occupied by the Library; and
WHEREAS, in June 2023, the City and Consultant executed Amendment No. 11 to the Underlying
Agreement, extending site design scope to include Orchard Plaza Schematic Design as an element of the
Community Event Center; and
WHEREAS, in December 2023, the City and Consultant executed Amendment No. 12 to the
Underlying Agreement, incorporating on -call work necessary for the Project pertaining to necessary
modifications to existing Washington State Department of Natural Resources aquatic land lease(s) and
associated permits for the CEC; and
WHEREAS, in January 2024, the City and Consultant executed Amendment No. 13 to the
Underlying Agreement, providing for the performance of the next phase of services, to include preparation
of the following: Design Development (60% design level); Permits Documents (90% design level); and
Construction Documents (100% design level); and
WHEREAS, in February 2025, the City and consultant executed Amendment No. 14 to the
Underlying Agreement, providing for a time -only extension of the contract to June 30, 2027; and
WHEREAS, the Consultant has requested an additional amendment to cover the costs associated
with the schedule extension set forth in Amendment No. 14 and associated necessary expansion of the scope
of work to include storm drainage redesign due to the interplay between the CEC and Orchard Plaza project,
with the SR 166 Bay Street project, and additional design work triggered by review comments received from
federal and state regulatory agencies;
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. 1-14, is amended as follows
(amendment shown in legislative marks):
a. The Scope of Work is amended to add the tasks as set out in Attachment 1 hereto
(Amendment #15 Request).
b. For the Amendment #15 Scope of Work, compensation for these services shall be based on
the list of billing rates set out in Attachment 1 and incorporated herein by this reference, not
to exceed $321,095.00 for the performance of the Amendment #15 Scope of Work, plus
reimbursable expenses and any applicable taxes, as se out in Attachment 1 hereto.
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.
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CITY OF PORT ORCHARD,
WASHINGTON
Signed by:
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Robert Putaansuu, Mayor
ATTEST/AUTHENTICATED:
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Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
Signed by:
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Charlotte A. Archer, City Attorney
CONSULTANT
DocuSigneed by:
Signature
Dean Kelly Principal
Printed Name and Title
11036189.1 -366922- 0001
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RIC(egusMILLER
ARCHITECTURE INTERIORS PLANNING VIZLAB
May 7, 2025
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 15 Request
Fee Increase for Time Extension Plus Additional Scope
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.
I. Scope of Work
Our contract with the City of Port Orchard to design the Community Events Center (CEC),
Shoreline Restoration and Orchard Plaza has been ongoing since 2020. Per our Contract
Amendment 14, the overall project schedule has been extended. We are requesting additional
fees to cover the schedule extension and increased billing rates for the following:
• CEC:
o Amendment 06 CEC Construction Documents Phase (April 2022)
o Amendment 09 CEC LEED Construction Documents Phase (February 2023)
• Amendment 07 Shoreline Design & Construction Documents Phase (September 2022)
• Amendment 13 Orchard Plaza Design & Construction Documents Phase (January 2024)
Also, the following additional scope of work are included in this proposal. Please refer to
consultant proposals for more details:
• CEC:
o Civil: Storm drainage redesign due to SR 166 Bay Street project design associated
with CEC and Orchard Plaza
o MEP: Compliance with new federal requirements for HVAC system refrigerants
and updated 2023 National Electric Code (NOTE: NEC not vested with building
permit codes. Future updates may be required until the electrical subcontractor
submits for permit.)
Docusign Envelope ID: 5D855299-FD76-4D58-83E3-AD5922A47391
South Kitsap Community Events Center
Amendment 15 - Fee Increase for Time Extension Plus Additional Scope
May 7, 2025
o Signage: Design Development of the selected feature wall signage concept based
on a graphic representation of the topographic map of Port Orchard.
• Shoreline:
o Structural: Additional iterations of deck and seawall design per federal and state
review comments.
o Permitting: Additional permitting requirements and analysis of options as
requested by the federal authorities having jurisdiction.
O
• Orchard Plaza:
o Civil: Storm drainage redesign due to SR 166 Bay Street project design.
II. Exclusions
In addition to previous exclusions outlined in each Contract Amendment, the following are also
excluded under this proposal:
• Design revisions due to, but not limited to, the following:
o Value Engineering
o City of Port Orchard's 3rd party constructability review.
o Code upgrades. We assume the project is still vested under the 2018 Washington
State Building Code and associated code references, as submitted for permit in
June of 2023.
• Construction Documents Phase and Permitting Phase extensions beyond the first quarter
of 2026.
• Bidding and Construction Administration Phases. Our existing contract scope deliverables
end at providing bid -ready construction documents and approved permits.
• See consultant proposals for additional detailed exclusions.
Ill. Compensation
For the Scope of Services outlined above for Rice Fergus Miller and its consultants,
compensation shall be an additional Fixed Fee of Three Hundred Twenty -One Thousand and
Ninety -Five Dollars ($321,095.00) plus reimbursable expenses and any applicable taxes, broken
down as follows:
• CEC $132,252.00
• Shoreline $70,343.00
• Orchard Plaza $118,500.00
Refer to attached Fee Exhibit A and consultant proposals showing additional fee breakdown for
reference only. Consultant fees are calculated with REM standard 12% markup.
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Docusign Envelope ID: 5D855299-FD76-4D58-83E3-AD5922A47391
South Kitsap Community Events Center
Amendment 15 - Fee Increase for Time Extension Plus Additional Scope
May 7, 2025
IV. Terms of Agreement
Please provide an amendment to our South Kitsap Community Events Center contract upon
accepting this proposal.
V. Summary
Thank you for your continued trust in our team. We look forward to continuing our work with
you. Please contact me if you have any questions.
Sincerely,
Rice Fergus Mi er Inc.
Dean Ke y A , NCARB
Principa , Architect
Attachments for reference only:
REM Fee Details - Exhibit A
Consultant Proposals:
• KPFF Civil Engineer
• KPFF Structural Engineer_CEC
• KPFF Structural Engineer & Permitting_Shoreline
• PSOMAS (Formerly KPG) Landscape Architect
• Sider Byers Mechanical, Electrical, & Plumbing Engineer
• ArchEcology LEED Consultant
• StudioSC Signage Consultant
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Docusign Envelope ID: 5D855299-FD76-4D58-83E3-AD5922A47391
RFM - Fee Detail: Exhibit A RIC?i °USMILLER
South Kitsap Community Events Center
Project Number: 2020002
Amendment 15 - Fee Increase for Schedule Extension &Additional Design Services
Phase Name
Consultant Type
Fee Type
Amount
AMENDMENT 15: CEC
Fee Increase Due to Schedule Extension
Rice Fergus Miller
Architect & Interior Designer
Fixed Fee
$27,400
KPFF
Civil Engineer
Fixed Fee
$3,713
KPFF
Structural Engineer
Fixed Fee
$10,640
PSOMAS (Formerly KPG)
Landscape Architect
Fixed Fee
$14,731
Sider Byers
MEP Engineer
Fixed Fee
$12,880
ArchEcology
LEED Consultant
Fixed Fee
$7,078
Sub -Total
Fixed Fee
$76,443
Additional Design Services
KPFF
Civil Engineer
Fixed Fee
$20,160
Sider Byers
MEP Engineer
Fixed Fee
$9,408
Studio SC
Signage Designer
Fixed Fee
$26,242
Sub -Total
Fixed Fee
$55,810
CEC Total
Fixed Fee
$132,252
AMENDMENT 15: ORCHARD PLAZA
Fee Increase Due to Schedule Extension
Rice Fergus Miller
Architect & Interior Designer
Fixed Fee
$7,400
KPFF
Civil Engineer
Fixed Fee
$19,023
KPFF
Structural Engineer
Fixed Fee
$6,720
PSOMAS (Formerly KPG)
Landscape Architect
Fixed Fee
$19,784
Sider Byers
MEP Engineer
Fixed Fee
$3,976
Sub -Total
Fixed Fee
$56,903
Additional Design Services
KPFF
Civil Engineer
Fixed Fee
$13,440
Sub -Total
Fixed Fee
$13,440
ORCHARD PLAZA Total
Fixed Fee $70,343
AMENDMENT 15: SHORELINE
Fee Increase Due to Schedule Extension
Rice Fergus Miller
Architect & Interior Designer
Fixed Fee
$5,000
KPFF
Civil Engineer
Fixed Fee
$3,086
KPFF
Structural Engineer & Permitting
Fixed Fee
$1,112
PSOMAS (Formerly KPG)
Landscape Architect
Fixed Fee
$6,378
Sider Byers
Electrical Engineer
Fixed Fee
$2,240
Sub -Total
Fixed Fee
$17,816
Additional Design Services
KPFF
Structural Engineer & Permitting
Fixed Fee
$100,684
Sub -Total
Fixed Fee
$100,684
SHORELINE Total Fixed Fee $118,500
TOTALS
Fee Increase Due to Schedule Extension $151,162
Additional Design Services $169,933
AMENDMENT 15 -GRAND TOTAL Fixed Fee $321,095
RFM reserves the right to modify consultant costs through the duration of the project to complete the work under the agreed upon Fixed Fee total.
Date: May 6, 2025
Reviewed: Dean Kelly
Docusign Envelope ID: 5D855299-FD76-4D58-83E3-AD5922A47391
16O1 Fifth Avenue, Suite 160O Scattk:. VIA 98101 206.622.5822 kpll.com
May 2, 2025
Lorie Limson Cook
Rice Fergus Miller
275 Fifth Street, Suite 100
Bremerton, WA, 98337
Subject: Port Orchard Community Events Center
Dear Lorie:
lcfff
Amendment 15: Proposal for Civil Engineering Sevices for the Community Events Center,
Orchard Plaza, and Shoreline Scope of Work
This additional services request (ASRs) addresses the project schedule extension, adjustments to specific
base scope assumptions, and rate updates associated with the continued support for the Port Orchard
Community Events Center, Orchard Plaza, and Shoreline projects. This scope and fee are for the
continued design efforts associated with the civil engineering for Permit and Construction Documents.
Bid and Construction Support Services (CSS) will be formally scoped at a later date; however, we have
included a fee estimate for those efforts for budgeting purposes. Under our fee section, we have
provided a summary of the fees remaining from our approved contract and the additional civil fees
associated with this ASR. Remaining and anticipated deliverables are as follows:
• Community Events Center
o Construction Documents (100% design level)
• Orchard Plaza
o Permits Documents (90% design level)
o Construction Documents (100% design level)
• Shoreline Work
o Construction Documents (100% design level)
BASE SERVICES
Efforts listed below summarize the remaining design scope anticipated from previous proposals.
Modifications have been struck, with revisions underlined. These efforts also include the following
updates:
• Due to the design evolution associated with the SR 166 Bay Street Project, the assumptions
related to stormwater discharge locations previously made for the CEC and Plaza projects
are no longer applicable and need to be updated, which results in a redesign of our storm
system.
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• Schedule for the project delivery has changed and associated staff billing rates have
increased beyond the rate tables previously provided.
COMMUNITY EVENT CENTER
PERMIT RESUBMITTAL AND CONSTRUCTION DOCUMENTS
(Previously Documented in Amendment 5 —April 15, 2022, and Civil proposal — March 21, 2022)
We understand this phase will include the following efforts and document preparation:
• Attend few 10 Owner and/or Architect meetings to coordinate design efforts.
• Progress design on the documents and drawings prepared in JAB the permit vesting set to
construction level:
o Site Demolition Plan
o Temporary Erosion and Sediment Control (TESC) Plan
o Grading and Storm Drainage Plan
■ Incorporate storm drainage redesign to route runoff from this proiect to the
existing 24" outfall located near the newly constructed lift station
o Utility Service Plan
o Parking Lot Horizontal Control and Paving Plan
o Frontage Improvement Plans
■ Design will extend from property line to back of curb
• Drainage Technical Information Report (TIR) addressing stormwater management for the project
per the 2012 Edition (as amended in December 2014) Department of Ecology (DOE)
requirements and the City requirements.
• Final plans and documents produced for this phase will be used for the updated permit
application documents for both Building and Public Works Permits.
• Final Technical Specifications for Civil Engineering systems and elements.
• Respond to two cycles of City, Utility, and AHJ review comments with team consultants' input.
• Prepare and provide 50% and 100% Construction Documents for civil designs to the Architect.
• Participate in one round of value engineering review. Efforts to revise the civil plans will be
scoped when the extent of modifications is defined.
• Status lists (4), to accompany invoices, for work completed that month.
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ORCHARD PLAZA
PERMIT DOCUMENTS
(Previously Documented in Amendment 12 —January 29, 2024, and Civil proposal —January 4, 2024)
The following civil efforts will be provided during permit document preparation (90% design level):
• Coordination with the project team. We anticipate attending up to 11 meetings, including eight
design team meetings, two meetings with the Owner, and one meeting with Stakeholders to
coordinate design efforts
• Advance 30% (SD) documents to Permit level documents and drawings:
o Site Demolition Plan
o Temporary Erosion and Sediment Control (TESC) Plan
o Grading and Storm Drainage Plan
■ Incorporate storm drainage redesign to route runoff from this proiect to the
existing 24" outfall located near the newly constructed lift station
o Utility Service Plan
o Parking Lot Horizontal Control and Paving Plan
o Drainage TIR addressing stormwater management for the project per DOE and City
requirements
o Draft of civil technical specifications
• Respond to two cycles of City, Utility, and AHJ review comments with team consultants' input.
• Coordinate civil design elements with the project team. We have included two rounds of review
with KPG to coordinate grading design documentation.
• Review and comment on cost estimate for civil -related items.
CONSTRUCTION DOCUMENTS
The following civil efforts will be provided during construction document preparation (100%):
• Coordination with the project team. We anticipate attending up to eight meetings, including six
design team meetings, one meeting with the Owner, and one meeting with Stakeholders to
finalize design efforts.
o We have included one final round of review with KPG to coordinate grading design
documentation.
• Finalize civil technical specifications.
• Prepare and provide 100% Construction Documents and associated technical specifications for
civil design for team coordination.
• Participate in one round of value engineering review. Efforts to revise the civil plans will be
scoped when the extent of modifications is defined.
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FUEL TANK LID ADJUSTMENTS DESIGN*
We will provide detailed design to adjust the lid elevations of the existing fuel tank lids. The
following is a summarized list of assumptions for the proposed work:
• Existing tanks and equipment are fully functional, meet current code requirements, and require
no repairs
• Existing tank modifications have a rated maximum burial depth that can accommodate the
grade increase of approximately three feet
* We have estimated a fee to support these efforts and can provide a detailed proposal should
once this service be required.
SHORELINE
CONSTRUCTION DOCUMENTS
(Previously Documented in Amendment 6 —September 19, 2022, and Civil proposal — July 20, 2022)
The following civil efforts will be provided during construction document preparation (100%):
• Prepare the following plans:
o Site Demolition Plan
o TESC Plan
o Grading Plan
• Coordinate with the shoreline and landscape consultants
• Prepare necessary drainage and impervious/pervious coverage area calculations
• We have assumed that the site plan concept will be developed to date by the shoreline and/or
landscape consultant a4 will be the basis of our design
• We anticipate two rounds of permit review comments
• We anticipate approximately 10 meetings with the design team and two with the Owner
• KPFF's Shoreline Permitting team will be the primary coordinator for the necessary permits and
we will provide civil supporting documents for the elements relating to these permits
PERMITS ANTICIPATED
The project is anticipated to obtain permits from the City of Port Orchard. Architect (REM) will lead the
building permitting, Landscape, with KPFF support, will lead the Public Works permitting, and KPFF
permitting team will lead the SEPA (refer to KPFF's separate proposal relating to permitting efforts).
Architect will compile and submit the permits to the City of Port Orchard.
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• Building and Land Use Permits
o Architect will be the primary coordinator for the Building and Land Use permits associated
with the sub -project and we will provide civil supporting documents for the elements
relating to these permits. These permits are anticipated to be:
o Commercial Building Permit, New Construction (CBP)
■ KPFF will provide the civil plans to document the necessary Block Frontage and Site
Planning Standards, and necessary departures pertaining to our scope of work
■ Our drainage report will be submitted with this application
• Public Works Permits
o Architect, with civil support, will be the primary coordinator for the site related Public Works
permits associated with the project, and will receive support from the project design team
for elements relating to these permits. These permits are anticipated to be:
o Capacity Reservation Certificates (CRC)
■ We believe these items have already been addressed with work completed to date,
but are included for clarity
If a traffic analysis is required, the traffic consultant will provide the
necessary documentation
A water hydraulic report will be provided by the City if needed for this
application
A sewer hydraulic report will be provided by the City if needed for this
application
Our drainage report will be submitted with this application
Design team members will provide relevant input and documents, as
necessary, to support this application and permit
o Land Disturbing Activity (LDAP)
■ Requirements for this permit are very similar to the CBP. We anticipate the
documents prepared for that permit will be applied to this permit as well
■ Design team members will provide relevant input and documents, as necessary, to
support this application and permit
o Stormwater Drainage Permit
■ Our drainage report and drainage related plans will be submitted with this
application, if needed
■ Design team members will provide relevant input and documents, as necessary, to
support this application and permit
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• SEPA
o KPFF's Permitting team will be the primary coordinator for the SEPA checklist, if needed,
and the application associated with the project. We will provide civil supporting documents
for the elements relating to these permits.
o Civil related elements associated with these permits are anticipated to be:
■ Drainage report and drainage and utility related plans
Bank estimate of earthwork quantities. This estimate is not intended for cost
purposes
• NEPA
o Refer to additional services for permitting support associated with NEPA review, should it be
required.
FUTURE ADDITIONAL SERVICES
The following scope of work is provided for estimating and planning purposes, and are not included in
our base fee for this ASR.
A: BIDDING AND NEGOTIATION
We will provide bid support for our designs, and we anticipate the following efforts:
• Document and respond to bidder questions about the civil design scope of work
• We anticipate this scope of work will be issued as one phase and packaged for estimating efforts
B: CONSTRUCTION SUPPORT SERVICES
We have assumed the three sub -project's construction will last approximately 18 months and
anticipate approximately 220 hours for the civil design support noted below:
• Review and respond to contractor requests for information (RFls) and submittals of materials
and systems related to civil engineering design elements during construction
• Review material testing and inspection reports, prepared by the Owner's testing agency or
Geotech, related to civil engineering design elements
• Review proposal requests, Architect supplemental instructions, construction change orders, and
directives. Prepare and issue revision sketches as needed in support of the proposal requests
related to civil design elements for value of work versus construction cost
• Attend up to eight construction site meetings virtually and attend up to four site visits in person
for site walks or to prepare and back -check a punch list for the civil related completed work
• Review General Contractor's Record Drawings for conformance to the work observed and the
approved change
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C: FREDERICKA VENUE DRAINAGE DESIGN WITH ORCHARD PLAZA PROJECT
Should the Bay Street project be unable to connect the Frederick Ave drainage system to the
proposed Bay Street conveyance system, we can transfer this scope to the Orchard Plaza project to
address the drainage design, routing runoff from Frederick Ave through the Orchard Plaza to the
existing 24 -inch outfall by the lift station. The scope and fee for this effort will be determined at a
future date once the need for this scope transfer is confirmed.
D: CIVIL SUPPORT FOR NEPA PERMITTING
Should grant funding require NEPA application and NMFS review, we can provide civil coordination
and support to facilitate the City, or Agency Engagement Consultant, led process of agency
engagement with regards to storm drainage design. Civil documents prepared for permitting are
anticipated to be repurposed for this permitting process. The scope and fee for this effort will be
determined at a future date once the need for this scope is confirmed.
INFORMATION REQUIREMENTS
• Architectural building and site plan, in AutoCAD format, for our use as the basis of our design.
• Landscape site plan, in AutoCAD format, for our use as background
• A geotechnical report with recommendations for earthwork, compaction, pavement sections,
subsurface drainage, retaining walls, and lateral earth pressures and documentation of
infiltration infeasibility if applicable
• If contamination is present on the site, the owner's environmental consultant will provide
recommendations for any impacts to the civil -related design
• A final utility and topographic survey and base map in AutoCAD format with Civil 3D surface
meeting jurisdictional requirements
ASSUMPTIONS
• Existing structures and utilities along the shoreline will remain in place and at grade and not
require modifications to building structure. Existing utility structures and lids can be adjusted to
grade and do not require redesign
• Existing 24" outfall at Orchard Ave has sufficient capacity to convey stormwater from the CEC,
Orchard Plaza, and Kitsap Bank project. SR 166 Bay Street project provides sufficient capacity in
relocated and upgraded utilities to support the project
• Traffic study, if needed, will be provided by traffic consultant (KPG)
• We have included providing up to two rounds of vehicle turning studies
• Right-of-way frontage improvements along Frederick Avenue are not anticipated, but can be
provided as an additional service if necessary.
• Variances and street vacations are not anticipated with this project
• All work associated with the CEC and Orchard Plaza sub -projects will be considered upland work
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• All work outside of the CEC LEED boundary will not be designed to meet LEED requirements
• Revisions to civil design elements and systems initiated by Owner/Architect or the Contractor's
team after plans have been approved and permitted can be provided as an additional service
and determined once the scope of revision is determined
• NEPA documentation or design requirements are not anticipated, but can be provided as an
additional service if needed
• If the owner is interested in applying for a FEMA LOMA permit, those efforts can be scoped as
an additional service
• Up to four design meetings will be held within the City of Port Orchard. We anticipate the
remaining meetings will be virtual
• The civil designs will be prepared and issued together with the site related permit and
construction document packages. We have not included efforts to organize the contract
documents for phased permitting or bidding purposes and packages
• Architect will be responsible for deliveries and reprographics of plans for permitting, bidding,
and construction plan distribution
• Architect will contract with others for demolition and/or hazardous material abatement of
existing structures or elements
• Architect will contract with others for design of power, telephone, gas, illumination, etc. We will
coordinate the civil design with the designer of these elements and reflect their background
drawing (AutoCAD xref) in our design plans
• Landscape Architect will lead the on -site site plan and grading concept development and detail
non-standard hardscape, stairs, trails, grass -pavers, custom road surfacing if needed, site walls
and revealed heights, and sidewalks finishes
• Coordination with the power and communication utility purveyors for site loads and services,
rerouting, or undergrounding of power and communications will be by the project's Electrical
Engineer. We will provide horizontal and vertical control for the routing of these utilities based
on provided diagrams that also identify number, size, and configuration of duct banks, as well as
number, size, and general location of vaults
• Cost estimating for civil design elements is anticipated to be provided by RLB. We will review
the estimate for civil -related items
• The Contractor will be responsible for preparing, submitting, and obtaining approval of
Contractor -prepared Record Drawings from the City of Port Orchard and AHJ
• Pumping design, if needed, will be designed by the mechanical engineer, or the design/build
subcontractor. Civil support for necessary flow rates can be provided as an additional service
once scope is determined
• We anticipate no site plan or SSDP revisions
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SCHEDULE AND SEQUENCE
We have assumed that the design work of this proposal will be substantially completed within 2025 and
have assumed the following approximate durations by sub -project. Schedule extensions beyond these
may require additional services depending on the time frame.
• Community Events Center "6 months
• Orchard Plaza "'5 months
• Shoreline "'6 months
We assume the related projects in this vicinity will be completed in the following sequence:
• Lift Station
• Bay Street ROW and utility improvements
• CEC building and shoreline improvements
• Orchard Plaza improvements (may be concurrent with CEC project work)
• Kitsap Bank Headquarters
FEE
We propose to provide the above services for the following fees are lump -sum (LS) unless noted as
hourly not to exceed (HR) fees, which will be provided in accordance with the ongoing contract.
• Below are the remaining budgets from previously approved amendments and civil proposals, by
sub -projects, that we anticipate are still available for our remaining design efforts as of our
March invoicing:
Civil fees remaining from approved contract and amendments Balance
Community Events Center (CD & LEED) $ 18,410
Orchard Plaza (DD -CDs, Fuel Tank, & SWPPP) $ 113,234
Shoreline (CD) $ 14,500
Civil DNR Lease Support HR $ 1,575
Total Remaining Approved Fee $ 147,719
• The following fees are based on additional estimated efforts to complete the above -mentioned
scope, increased billing rates, and the schedule extension.
Docusign Envelope ID: 5D855299-FD76-4D58-83E3-AD5922A47391
Lorie Limson Cook
May 2, 2025
Page 10
BASE SERVICES
Civil Additional Services & Schedule/Rates adjustment
Community Events Center (CD)
Rate and Schedule Adjustment
Storm Design Update
Orchard Plaza (DD -CD)
Rate and Schedule Adjustment
Storm Design Update
Shoreline (CD) Rate and Schedule Adjustment
Total Civil Additional Services Fee
FUTURE ADDITIONAL SERVICES
Additional Fees
$
21,315
$
3,315
$
18,000
$
28,985
$
16,985
$
12,000
$ 2,755
S 53,055
Service Estimated Fees
A: Bid Support $ 12,5001
B: CSS HR $ 39,3001
C: Frederick Ave Drainage Design TBD
D: Civil Support for NEPA Permitting TBD
# Note: The fees above are estimated fees to support budgeting for subsequent phases
Reimbursable expenses may include deliveries and reprographics of plan sets up to permit approval,
and will be billed at our cost.
We are excited to see this project move forward into the next steps of design and appreciate the
opportunity to contribute to the success of Port Orchard's Community Events Center project
redevelopment. If you have any questions regarding this proposal, please contact me at
ienifer.clapham@kpff.com or (206) 926-0549.
Sincerely,
eni er Clap , PE
ncipal
Enclosures
2000522
Docusign Envelope ID: 5D855299-FD76-4D58-83E3-AD5922A47391
kpff
DATE: April 21, 2025
CLIENT: Lorie Limson-Cook, Rice Fergus Miller
PROJECT NAME: CEC and Orchard Plaza Structural Ad Service Request
LOCATION: Port Orchard, WA
PROJECT DESCRIPTION
As part of the schedule extension and re -start of the South Kitsap Community Event
Center, KPFF is requested additional funds to reflect the rate changes from the
original contract signed over three years ago. This request is to complete the design
that was submitted to the City of Port Orchard as part of the vesting process,
including developing details, providing coordination and plan check review
comments. No major architectural or programming changes are included as a part of
this proposal. Construction support services are not included in this proposal and will
be determined at a future date.
SCOPE OF SERVICES
Scope for this ASR includes the completion of construction documents, and response
to permit review comments.
KPFF assumes that this scope of work will be completed per the terms of our original
agreement with RFM.
FEE
KPFF will provide the above mentioned services for the following lump sum fees:
Orchard Fee Increase for Time Ext
CEC Fee Increase for Time Ext
Total:
Offered By (KPFF, Inc.)
(Signature)
Jora Lehrman, SE/Associate
$6,000
$9500
15,500
Accepted by (Client)
(Signature)
(Print Name/Title) (Print Name/Title)
Docusign Envelope ID: 5D855299-FD76-4D58-83E3-AD5922A47391
16O1 Fifth Avemm Suite 160O Sc uttk:. WA 98141 206.622.5822 kpff.com
May 5, 2025
Lorie Limson-Cook
Rice Fergus Miller Architects
2275 5th St., #100
Bremerton, WA 98337
Subject: Port Orchard Community Events Center
Shoreline Final Design Proposal
Dear Lorie:
lcfff
Thank you for the opportunity to continue our support of the shoreline design associated with the
new Port Orchard Community Events Center. The following proposal is based on our most recent
discussions with the City of Port Orchard and the rest of the design team. KPFF is looking forward
to providing design coordination support in addition to structural engineering for the shoreline
design effort.
The shoreline adjacent to the planned Port Orchard Community Events Center will be designed to
protect the CEC, enhance the nearshore habitat, provide access to the water, and enhance the
sense of place created by the upland landscaping and buildings.
Additional Effort Required
Since the award of our Amendment 8 on September 19, 2022, KPFF has spent approximately
$39,000 between senior engineer and CAD technician time development alternative structural
concepts and JARPA drawings in support of the environmental permitting effort, including changes
in wall alignments, deck configuration, deck materials, and shoreline protection treatments. The
original budget for this effort was approximately $5,000 and we estimate the remaining effort,
including addressing comments on the alternatives analysis, will be approximately $4,500.
We have also spent approximately $54,000 on project management and coordination since the
initial amendment was awarded, including effort to complete the alternatives analysis, which was
not included in the original project management scope. This is approximately 91 % of our PM
budget but we still need to coordinate the remaining design. In addition to the $4,000 remaining in
our PM budget, we estimate approximately $17,000 will be required to complete the design phase.
In addition, the number of sheets required for the final design has increased from 9 sheets to 12
sheets to account for the additional detailing required for revised deck configuration and materials,
wall railing anchors, and wall pile foundation. This additional effort is estimated at approximately
$35,000. Other changes in design effort include additional QC and additional schedule
development due to the complexity of the design.
We have also increased our rates but this change is mosty mitigated by the use of actual staff
rates instead of general category rates. The net change due to rate changes alone is
approximately $1,000.
Docusign Envelope ID: 5D855299-FD76-4D58-83E3-AD5922A47391
PO CEC Shoreline Final Design Proposal
May 5, 2025
Page 2
Additional Budget
The budget for the proposed shoreline design is as shown below:
Additional JARPA support $33,432
Remaining permitting support $4,520
Additional engineering and design scope $34,761
Additional PM support (including Alternatives Analysis Report) $17,183
Rate adjustment 993
Total KPFF Fee Request $90,889
We look forward to working with the RFMA team on this element of the Community Event Center
project. If you have any questions, please feel free to call me at (206) 622-5822.
Sincerely,
Andrew Bennett, PE
Principal
Enclosure
Project Number: 1004-2000510
Docusign Envelope ID: 5D855299-FD76-4D58-83E3-AD5922A47391
South Kitsap Community Events Center — FINAL DESIGN
Amendment 15 — Fee Increase for time extension
Urban Design, Landscape Architecture and Lighting Design
Psomas Scope of Work
5.6.25
Project Description
This scope is to provide urban design, landscape architecture and lighting design support to RFM and the
project team for the Port Orchard Community Events Center (POCEC), the Orchard Street Plaza Project
final design, and the final Shoreline Improvements. Psomas's effort shall be final design, including project
coordination, Permit Documents (^'90%), Construction Documents (100% design), and bid support. The
extent of the improvements for this effort is reflected in the graphic below.
j CfYfL01NENS E)(5T NG II
�'
_ 1< ___ Outline of overall design area of OTChard Plaza Enhancements Pro)e; t
Outline of Area covered in CEC. Shoreine D gn. and Liii Station contra
Gentirai areas that she ctarpnt design may need so be eel nod to ue imo the Qrci'ard Pa Errfwncament8
KSank p ara apace to be coorainased wish the Orchard Pisa ErV ancemencs Prc ect
Docusign Envelope ID: 5D855299-FD76-4D58-83E3-AD5922A47391
ASSUMPTIONS
• 12 -month project duration for Final Design.
• This duration assumes the following project construction sequencing:
1. Marina Pump Station
2. Bay Street ROW and utility improvements
3. Kitsap Bank Headquarters
4. CEC building and shoreline improvements
5. Orchard Plaza improvements (may be concurrent with CEC project work)
• As-builts for the previously listed projects may be needed to complete final construction
documents for bidding on the Plaza improvements.
• RFM will manage the project, client communication and coordination, scheduling, permitting,
submittal compilation, and submittal to the appropriate reviewing agencies.
• The Psomas scope of work supports inherent management responsibilities, including invoicing,
client, project, and internal coordination meetings.
• KPFF will provide civil and structural design.
• Rider Levett Bucknall (RLB) will provide the cost estimating for all Plaza related costs. Psomas will
coordinate with RLB and provide design details and specs as needed for RLB to develop the cost
estimate.
• Sider Byers will provide electrical design for power sources and transformer requirements such as
Electric Vehicle (EV) stations, portable stage, entertainment, and/or food trucks. KPG Psomas will
provide exterior plaza site, catenary and specialty lighting design.
• This project will coordinate with and provide refinement at the interfaces of the multiple projects
including:
1. Coordination with future Bay Street SR166 design
2. Coordination with future Kitsap Bank site design (Kitsap Bank, KPFF and GGLO) along
west and north perimeters
3. Coordination with the Marina Pump Station Improvements final conditions (RH2 and
Anchor QEA)
4. Coordination of Port of Bremerton sidewalk and adjacent marina facilities.
• Assumes the Marina Pump Station Improvements construction will not be completed and no as-
builts will be available for this design effort.
• Assumes the Marina Pump Station will be under construction and real-time coordination will be
required to integrate future Plaza improvements.
• Assume the areas outside of the CEC LEED boundary will not be designed to LEED requirements.
SCOPE EXCLUSIONS
The following are excluded from this Scope of Work. At written City request, Psomas may provide the
following services as an amendment to the contract.
• Project and Permit submittal compilation and/or submittal to the City or other agency.
• Survey and utilities locate services.
• Construction sequencing/staging plans.
Docusign Envelope ID: 5D855299-FD76-4D58-83E3-AD5922A47391
• Additional permitting support not identified in this scope.
• Public Engagement (meeting attendance, graphics and presentation materials).
• Additional City Council and/or Steering Committee Presentations or meetings (meeting
attendance, graphics, and presentation materials) not identified in this scope.
• Cost estimates.
• Bid support.
• Construction Support.
PSOMAS SCOPE OF WORK
TASK 1- POCEC Final Design
Description: This task encompasses adjustments to align with current billing rates for the remaining
budget under the CEC DD -CD amendment, contracted in 2022, and the remaining budget in the CEC LEED
amendment, contracted in 2023. The fee has been determined using the average rate increase for the
billing titles relevant to this project scope. Furthermore, the task includes an additional coordination and
meetings fee estimate to account for the scheduled 8 -month extension of the project timeline.
TASK 2 — Orchard Plaza Final Design
Description: This task encompasses adjustments to align with current billing rates for the remaining
budget under the Orchard Plaza Final Design amendment, contracted in 2024. The fee has been
determined using the average rate increase for the billing titles relevant to this project scope.
Furthermore, the task includes an additional coordination and meetings fee estimate to account for the
scheduled 4 -month extension of the project timeline.
TASK 3 — Shoreline Improvements Final Design
Description: This task encompasses adjustments to align with current billing rates for the remaining
budget under the SD -CD Shoreline amendment, contracted in 2022. The fee has been determined using
the average rate increase for the billing titles relevant to this project scope. Furthermore, the task
includes an additional coordination and meetings fee estimate to account for the scheduled 4 -month
extension of the project timeline.
Docusign Envelope ID: 5D855299-FD76-4D58-83E3-AD5922A47391
PSOMAS
EXHIBIT B
PRIME CONSULTANT COST COMPUTATIONS
Client: RFM / City of Port Orchard
Project Name: South Kitsap Community Events Center
Psomas Inc. Project Number: 20040 -Community Events Ctr - Amendment 15
Date: 5/6/2025
Task
No.
Task Description
Totals
1
POCEC Final Design
$ 13,153.00
2
Orchard Plaza Final Design
$ 17,664.00
3
Shoreline Improvements Final Design
$ 5,695.00
Total Estimated Budget
$ 36,512.00
Docusign Envelope ID: 5D855299-FD76-4D58-83E3-AD5922A47391
April 21, 2025
SIDER+BYERS
MECHANICAL ENGINEERS
Ms. Lorie Limson Cook
Rice Fergus Miller
275 Fifth Street, Suite 100
Bremerton, WA 98337
Subject: South Kitsap Community Events Center
Phase III (CD/Permits)
Mechanical, Plumbing and Electrical Engineering Proposal
Dear Lorie:
We are pleased to see the SKCEC going forward and look forward to the next phase of the
project. This proposal is to update our fees for the Phase III (CD/Permit) scopes of work.
The POCEC will consist of a two story, roughly 25,000 square foot building. The First Floor
includes a branch of the Kitsap Regional Library, and the Second Floor includes meeting and
office spaces, and a commercial warming / dishwashing kitchen. We have a considerable
amount of experience designing libraries and community centers and understand the high wear
and usage that occurs in these facilities.
The MEP outline scopes of work have already been prepared by our office.
Our work will include the following.
a. Conceptual information for the fire systems (riser location, routing for the mains) to guide
design/build contractors
b. Full design of the plumbing systems
c. Full design of the cooling, heating and ventilation systems
d. Full design of lighting and power systems
e. Data/communications, access, and fire alarm will be low voltage systems with design
prepared and submitted to the team in compliance with performance specifications and
details prepared by S+BA.
Scope of Work
1. Contract Documents: Develop and coordinate Contract Documents (plans and
specifications) under the proposed project schedule for plumbing, HVAC, and electrical
systems (including one permit submittal at roughly 80% contract document completion
level). We include eight design team meetings under the CD phase.
Make any plan check corrections required by the AHJ.
Bidding and Construction: This work will be under separate future contract.
Docusign Envelope ID: 5D855299-FD76-4D58-83E3-AD5922A47391
SKCEC
MEP Proposal
April 21, 2025
FEES
Phase III (Construction Documents)
Original contract fee Feb. 2022: $105,120.00
Restart: $ 11,500.00
Refrigeration changes: $ 6,000.00
2023 National Electric Code updateb: $ 2,400.00
Sub -Total Additional Services: $ 19,900.00 CEC Increase
New CD Phase Totalc: $125,020.00
Notes:
a. The federal government has regulated a new type of refrigerant in HVAC systems which will
impact this project. We will need to select new equipment and provide more intensive
calculations and details to comply with the new refrigeration requirements.
b. The National Electrical Code has been updated to the 2023 code. The electrical design must
meet the requirements of the current code regardless of when the project was submitted for
permit.
c. We have included NREC (envelope) forms (up to 50 hours) for this project.
Bid, Administration: To Be Determined
$2,000.00.
New Total:
LEED
Not included in this proposal
Sider + Byers Hourly Rate Schedule as of January 1, 2025:
Principal: $185.00 BIM/CAD Technician: $105.00
Sr. Engineer: $175.00 Administrative: $ 80.00
Electrical Engineer: $165.00
Project Engineer: $155.00
Hourly rates listed above are S+BA's hourly rates through December 31, 2025. After that, hourly
rates will increase by 5% every January 1St until the project is completed.
Assumptions
1. All site work will be done by a civil engineer. Our work only includes piping in the building
and within five feet of the building.
2. The fees above do not include the following: Redesign after acceptance; commissioning
work; or value engineering meetings after completion.
3. Envelope Energy Code: This work will be done by Sider + Byers, including the NREC
Energy Code forms.
4. All structural and seismic calculations pertaining to fire, plumbing, mechanical and electrical
systems will be provided on a design/build basis by subcontractor(s) working for the
21Page
Docusign Envelope ID: 5D855299-FD76-4D58-83E3-AD5922A47391
SKCEC
MEP Proposal
April 21, 2025
General Contractor, not by Sider + Byers. Note that the structural engineer will include the
requirement for these calculations to be done by others.
5. Pump systems for domestic water and waste will not be required.
5. These fees do not include a Type I kitchen hood or makeup air system.
7. Mechanical scope of work includes the following.
a. Waste, water and vent piping throughout.
b. Plumbing fixtures throughout.
c. Heat pump water heaters.
d. Air systems for ventilation, heating and cooling, including full cooling throughout
the facility as set forth in the Narrative / Outline specification document
developed by S+BA and the RFM team.
B. Mechanical and electrical permits will either be simultaneously done with the building
permit (our preference) or will be deferred submittals by the contractors. Sider + Byers will
prepare the mechanical and electrical permit documents (structural and acoustical
documents will be by others).
9. Electrical/Lighting/Low Voltage scope of work includes the following.
• Electrical/Lighting/Low Voltage narrative(s).
• Power distribution design, branch circuiting.
• Load calculations, riser diagram, fault current calculations.
• HVAC connections and mechanical coordination.
• Coordination with all other disciplines.
• Stamped/Signed drawings for full design scopes prepared for jurisdictional
review, bidding, and construction.
• Fire alarm system - Bidder -design performance criteria in specifications.
• Low voltage systems (including data/telecom, wifi, surveillance, and access)
— coordination with the City of Port Orchard and KRL IT departments and
bidder -design performance criteria in specifications. Conceptual
raceways/boxes and device locations will be shown for bidding by the
design/build low voltage systems contractor.
• PV design/build information and specification
10. Lighting Design scope of work includes the following.
• Assist architect with lighting fixture selection.
• Fixture catalog cut sheets.
• Energy code compliance — Lighting forms for WSEC.
• Utility company coordination related to rebates, incentives.
• Fixture schedule, specifications.
• Lighting controls.
12. Site lighting work: Our lighting work only includes site lighting that is physically attached
to the building. RFM will provide locations and general lighting fixture types for those
units.
Photometric calculations, street lighting, and site lighting design, location on plans and
documentation of fixtures, and coordination with the City will be done by KPG.
S+BA will provide power and circuiting to site lighting directly adjacent to the SKCEC that
is powered from the building.
In general, the City street lighting will be coordinated by, metered, and powered
separately from the building by the City of Port Orchard.
13. We include photovoltaic (PV) system design as a design/build element. We
anticipate that this renewable energy system will be a basic element of the building.
14. We do not include a generator design.
15. All phases of the project will be permitted under the 2018 versions of the applicable
Codes (Energy and Mechanical) Electrical Code will be 2023 NEC.
3IPage
Docusign Envelope ID: 5D855299-FD76-4D58-83E3-AD5922A47391
SKCEC
MEP Proposal
April 21, 2025
16. There will be a kitchen designer, who will provide our team drawings and lists to
detail the infrastructure needed for the kitchen. We will design that plumbing, HVAC,
and electrical infrastructure.
17. All of our HVAC production work will be done in either AutoCAD or Revit as
appropriate. Plumbing and electrical work will be done in AutoCAD; if there is a need
to illustrate specific limited areas in three dimensions in these disciplines, we would
also model up to two of those such areas in Revit.
18. We will review the cost estimator's MEFP numbers at the end of each phase.
19. Copying, printing and delivery for design -team coordination are included as Basic
Services. Printing and associated costs for submittal to Owner, for bidding or permit(s) or
for disciplines other than mechanical will be reimbursable.
20. Fees may be renegotiated if construction document phase begins after November 2022.
21. We include monthly summaries of our billing similar to those prepared by RFM (per the
County's requirements).
If the preceding is satisfactory, please sign the signature block below and email a PDF of this
letter back to us. An AIA contract is also satisfactory. As always, we look forward to working with
you and with the RFM team.
Sincerely,
Sider + Byers Associates, Inc.
Dana Fontes, P.E., Principal
Accepted this day of.
Rice Fergus Miller
By
2025
Officer and Title
4IPage
Docusign Envelope ID: 5D855299-FD76-4D58-83E3-AD5922A47391
April 11, 2025
Ms. Lorie Limson Cook
Rice Fergus Miller
275 Fifth Street, Suite 100
Bremerton, WA 98337
Project: Orchard Plaza — DD thru CD
Electrical Engineering Proposal - Updated
Dear Lorie:
r �\
The Orchard Plaza project is the area adjacent to the POCEC and off Orchard Street abutting the
bank and harbor. This area is being developed into a community space which can be used for
multiple functions. Some of the functions may include Christmas tree lighting, farmers market, car
show amongst other ideas.
Scope of Work
1. Design Development. This phase includes preliminary discussions of lighting fixtures and
power requirements with the Landscape Architect and Architect to be presented to owner
for their input/approval.
During this phase, we will coordinate with the owner, RFM, civil engineer (as needed), and
landscape architect. This will include developing space planning requirements for the
electrical service gear and equipment.
S+BA drawings will include device/lighting layouts per Landscape Architect direction.
Where appropriate, these drawings will include scope of work and general systems intent.
We include up to 3 virtual meetings during this phase.
There will be one submittal of deliverables during this phase.
2. Electric Utility Application: We will develop initial electrical loads and prepare an initial one -
line electrical riser diagram for the plaza infrastructure. We will start the application process
and work with local utility. This utility application can be submitted when significant
information (power loads, etc.) is obtained.
3. Contract Documents: Develop and coordinate Contract Documents (plans and
specifications) under the proposed project schedule for electrical systems. Permit submittal
will be by the electrical contractor, which is a requirement of the AHJ.
We include up to 4 virtual design team meetings.
Make any permit check corrections required by the local/city building department and other
AHJ's. However, submittal to building department and other AHJ's, will not be by S+BA.
Docusign Envelope ID: 5D855299-FD76-4D58-83E3-AD5922A47391
Orchard Plaza
DD thru CD Electrical Proposal - Update
April 11, 2025
Fees
Phase
Original Fee I Add New Fee Fee Type
Jan. '24
Design Development
$
24,000.00
$ 800.00
Construction Docs
$
40,000.00
$2,000.00
Electric Utility_ Application$_1.8.000.00
$750.00
$24,800.00
Fixed_
$42,000.00
Fixed
_$18.750.00
Hourly_
$3,550 Orchard Increase
Sider + Byers Hourly Rate Schedule as of January 1, 2025:
Principal: $185.00 BIM/CAD Technician: $105.00
Sr. Engineer: $175.00 Administrative: $ 80.00
Electrical Engineer: $165.00
Project Engineer: $155.00
Hourly rates listed above are S+BA's hourly rates through December 31, 2025. After that, hourly
rates will increase by 5% every January 1st until the project is completed.
Assumptions
1. Plaza area lighting and adjacent municipal street lighting will not be by S+BA. This work will
be completed by others.
2. Electrical/Lighting/Low voltage scope of work includes the following:
a. Design branch power systems throughout the plaza to accommodate programming
such as Farmers Market, Community Festivals/Events, musical performances, holiday
lighting, etc.
b. Coordinate with the lighting design consultant to provide branch circuit power to the
various lighting elements planned for the Plaza area.
c. Design a lighting controls system for automatic operation of the various Plaza lighting
elements.
d. Provide infrastructure for EV Charging facilities. We anticipate 4 charging stations total
(2 new and 2 existing to be re -fed).
e. Data/telecom, CCTV, building entry, access control coordination/basis of design for
design build contractor.
f. Bidder design performance criteria in specifications.
g. We include providing preliminary drawings showing equipment and device location for
bidding by the design build low -voltage sub -contractor.
h. We have excluded any, and all work in the right of way, including but not limited to utility
work, street crossings, and street lighting. Any design drawings, specifications,
coordination, etc. required for work in ROW we have assumed will be by Others.
3. The above fees do not include interior or exterior lighting photometrics or street lighting
design.
4. All owner and design team meetings will be attended virtually.
5. The project will be permitted under the 2021 versions of the applicable Energy Codes and
the 2023 version of the National Electrical Code with State and local amendments.
21
Docusign Envelope ID: 5D855299-FD76-4D58-83E3-AD5922A47391
Orchard Plaza
DD thru CD Electrical Proposal - Update
April 11, 2025
6. Copying, printing and delivery of MEP documents for design -team coordination are included
as Basic Services. Printing and associated costs for submittal to Owner, for bidding or
permit(s) or printing of drawings of disciplines other than mechanical will be reimbursable.
7. Our fees may be renegotiated if design development phase begins after July 2025 and/or
construction starts after April 2026.
If the preceding is satisfactory, please sign the signature block below and email a PDF of this letter
back to us. An AIA contract is also satisfactory. We look forward to the design and working with
RFM and with the RFM team.
Sincerely,
Sider + Byers Associates, Inc.
Dana Fontes, P.E, Principal
Accepted this
Rice Fergus Miller
day of 2025
Officer and Title
3IPage
Docusign Envelope ID: 5D855299-FD76-4D58-83E3-AD5922A47391
Revised April 29, 2025
Ms. Lorie Limson Cook
Rice Fergus Miller
275 Fifth Street, Suite 100
Bremerton, WA 98337
Subject: SKCEC - REVISED
Phase II (DD) and Phase III (CD/Permits)
Site Work Electrical Engineering Proposal
Dear Lorie:
We are pleased to see the SKCEC going forward, and look forward to the next phases of the
project. This proposal is for lighting and power specific design for the deck and public space on
the north side of the SKCEC project.
The SKCEC will consist of a two story, roughly 25,000 square foot building. The latest concept
is for a public overlook on the north side of the site.
Our work will include full design of lighting and power systems for the area delineated as
"Shoreline Design Limits" (shaded blue) in the attached April 2022 Bay Street Adjacent
Improvements sketch. We already include site lighting for the building itself and exclude any
street lighting.
This proposal assumes power is not fed by the SKCEC building but is served from a separate
electrical service that will be provided in the Orchard Avenue Plaza redevelopment. S+BA will
extend power from this separate service to feed the improvements delineated in this proposal.
Scope of Work
1. Design Development — COMPLETED.
2. Contract Documents: Develop and coordinate Contract Documents (plans and
specifications) under the proposed project schedule for electrical systems. Permit
submittal will be by the electrical contractor, which is a requirement of the AHJ.
3. Make any permit check corrections required by the local/city building department and
other AHD's. However, submittal to building department and other AHD's, e.g.,
Department of Ecology, Fish & Wildlife etc., will be by other.
Fees
We propose design fees as follows.
Phase II (Design Development): $ 12,250.00 - COMPLETED
Phase III (Construction Documents): $ 13,750.00
Phase III (Restart Fee, Construction Docs): $ 2,000.00 Shoreline increase
New CD Fee Total: $ 15,750.00
Docusign Envelope ID: 5D855299-FD76-4D58-83E3-AD5922A47391
Lorie Limson Cook
Rice Fergus Miller
Revised April 29, 2025
Any other additional services (if required) will be billed at our current 2025 hourly rates, as
follows.
Principal: $185.00 Senior Engineer: $175.00
Electrical Engineer: $165.00 CAD Technician: $105.00
Project Engineer: $155.00 Administrative: $ 80.00
If the preceding is satisfactory, please sign the signature block below and email a PDF of this
letter back to us. An AIA contract is also satisfactory. We look forward to the design and
working with RFM and with the RFM team.
Sincerely,
Sider + Byers Associates, Inc.
Dana Fontes, P.E, Principal
Accepted this day of
Rice Fergus Miller
M
2025
Officer and Title
21Page
Docusign Envelope ID: 5D855299-FD76-4D58-83E3-AD5922A47391
Lorie Limson Cook
From: George Oakley <George@ArchEcology.com>
Sent: Wednesday, April 9, 2025 11:47 AM
To: Lorie Limson Cook
Cc: Dean Kelly; Nancy Henderson
Subject: Moving forward on POCEC
Attachments: POCEC 2025 AE Terms 20250409.pdf
Hello Lorie and Dean,
We are looking forward to continuing our work with you providing LEED consulting services for the Port Orchard
Community Events Center.
As you are aware, it's been nearly two years since we paused work on the project. During that time, the cost of doing
business changed considerably. For your reference, I have attached our current Terms of Agreement for Consulting
Services showing our hourly billing rates for 2025. Our hourly rates have increased an average of 23.5% since the 2022
Terms that applied to the original agreement.
As of our most recent invoice on 7 February 2025, we have a remaining fee of $26,882.25 to complete our scope of
work for the project. We propose to increase this fee by $6,320 (23.5%) to align with our current billing rates. We can
make this adjustment via change order or revised agreement if needed.
As for the LEED certification process, we are still planning for a split review in which design credits are separated from
construction credits. It is more efficient to do a combined review but there is plenty of time in the schedule to discuss
certification strategies if desired.
Please contact me if you have questions or concerns.
Best,
- George
George Oakley (He/Him)
Project Manager
Direct: (206) 294-3000
Main: (206) 860-2904
JArchEcology Email : george@archecology.com
901 Hiawatha PI S, Unit 100
Seattle, WA 98144
www.archecology.com
in f
Docusign Envelope ID: 5D855299-FD76-4D58-83E3-AD5922A47391
1.
"ArchEcology
Terms of Agreement for Consulting Services
Date of Agreement: 9 April 2025
Project: Port Orchard Community Events Center
COMPENSATION
Compensation for Consulting Services is billed on a lump sum basis for the Scope of Services listed in Article
III. Additional services, when requested, are billed on an hourly basis according to the billing rate schedule
below, or as agreed prior to the commencement of the services.
2025 HOURLY BILLING RATES
Managing Principal:
$250.00
Principal:
$220.00
Senior Project Manager:
$180.00
Project Manager:
$170.00
Energy Analyst II:
$170.00
Energy Analyst I:
$160.00
Senior Green Building Analyst:
$170.00
Green Building Analyst:
$160.00
Green Building Associate:
$140.00
Administrator:
$140.00
REIMBURSABLE EXPENSES
Reimbursable expenses are charged in addition to compensation for Consulting Services and include
printing and reproduction; postage and delivery charges; parking and transportation expenses for travel
outside King County, WA. Unless agreed otherwise, reimbursable expenses shall be billed at cost plus fifteen
percent (1.15).
INVOICING AND PAYMENTS
Invoices shall be submitted monthly for services and for reimbursable expenses incurred during the
preceding month. Payments are due and payable thirty (30) days from receipt of the invoice. Failure to
notify ArchEcology, LLC in writing of any disputes with the amount of any monthly invoices within thirty (30)
days of receipt by the Client shall be considered acceptance of those invoices for payment.
Amounts unpaid thirty (30) days after the date of the invoice shall bear interest at the rate of one and one-
half percent (1-1/2%) per month, or the maximum amount allowed by law, whichever is less. In addition,
ArchEcology may, after giving written notice, suspend services until all amounts due are paid in full.
901 Hiawatha PI S, Unit 100
Seattle, WA 98144
Phone: 206 860-2904
Website: ArchEcology.com
Docusign Envelope ID: 5D855299-FD76-4D58-83E3-AD5922A47391
OTHER CONDITIONS
1. Limitation of Liability: ArchEcology's total liability for any and all injuries, claims, losses, expenses,
damages or claims expenses arising out of this agreement from any cause or causes, shall not
exceed the total amount of ArchEcology's total fee for services rendered on this project. Such
claims and causes include, but are not limited to negligence, professional errors or omissions, strict
liability, or breach of contract.
2. Termination of the Agreement: Either party may terminate this Agreement for any reason upon
written notice, provided the Client shall pay the Consultant for all services rendered up to the time
of such termination ("Termination Fee"), including all expenses and costs incurred by the
Consultant and payable by the Client under this Agreement.
3. Applicable Law: The laws of the State of Washington govern the terms of this Letter Agreement. If
any party herein commences any action, suit or legal proceeding of any nature, the venue for any
such action shall be in a court of competent jurisdiction located in King County, Washington.
4. Attorneys' Fees: If any party brings an action to enforce the provisions of this Letter Agreement, or
in any action involving the terms of this Letter Agreement the prevailing party in any such action
shall be entitled, among other relief, to an award or judgment for reasonable attorney fees and
costs against the non -prevailing party, which attorney fees and costs were incurred by the
prevailing party at the trial and appellate levels and in any federal or state bankruptcy or
insolvency proceeding.
Docusign Envelope ID: 5D855299-FD76-4D58-83E3-AD5922A47391
Design Services Agreement
Rice Fergus Miller Architects
Attn: Angie Tomisser
275 5th Street
Bremerton, WA 98337
• . +
Port Orchard Community Events Center
Graphics & Wayfinding Design Development and Design Intent Phases
Additional Services Request
April 15, 2025
lb Angie:
Thank you for the opportunity to submit this proposal for an agreement between Studio SC (Designer) and
Rice Fergus Miller Architects (Client) to further develop the environmental graphics and wayfinding program
based on the approved designs delivered 10/12/2022 for the Community Events Center project in Port
Orchard, WA.
We are excited about this opportunity and look forward to working with Rice Fergus Miller Architects, the
City of Port Orchard, and the rest of the project team.
Best regards,
Billy Chen
Principal, Studio SC
401 2nd Ave S. #205
Seattle, WA 98104
t.206+262+9270
www.studio-sc.com
Docusign Envelope ID: 5D855299-FD76-4D58-83E3-AD5922A47391
PROJECT DESCRIPTION
Further develop the environmental graphics and wayfinding program based on the approved designs
delivered 10/12/2022 for the Community Events Center project in Port Orchard, WA.
SCOPE OF BASIC SERVICES
ENVIRONMENTAL GRAPHICS AND WAYFINDING
ENVIRONMENTAL GRAPHICS*
+ Feature Wall Graphics
+ Teen Reading Area Graphics
+ Children's Reading Area Graphics
BUILDING EXTERIOR
+ Building Address
BUILDING INTERIOR
+ Event Center Reception ID
+ Directional Signage
+ Elevator Directory
+ Conference Room ID
+ Restroom ID
+ Blade ID (e.g. Restroom, FE, AED, etc..)
+ Shell and core room signs (e.g. mechanical, electrical, storage, stairs, stairwell landing sign, max
occupancy, etc...)
+ Egress map signage and map artwork design template
* Design Development phase only, Feature wall development will be based on the approved Schematic Designs.
All scopes will be further developed and finalized in the Design Intent phase based on the approved Design
Development deliverables.
PROCEDURE
PHASE II — DESIGN DEVELOPMENT
Designs of environmental graphics from the selected schematic conceptual design direction are
expanded to all graphic program components and further developed to incorporate client comments
and add detail on materials, color, and dimensions. At the completion of this phase, design development
drawings may be used to develop fabrication budgets. Designer will also provide a message schedule for
the approved wayfinding signage program.
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Includes (i) kickoff meeting with the City and Kitsap Regional Library, (i) worksession meeting with Architect, (i)
worksession with Kitsap Regional Library, and (i) presentation to City and Kitsap Regional Library at the conclusion
of this phase.
*Assumes development, reviews, and presentations of all graphics scope happens concurrently at the same time.
DELIVERABLES
+ Design Development drawings including feature wall graphics, teen reading area graphics, children's
reading area graphics, and wayfinding message schedule based on the approved designs (11x17 color
and/or black & white review set)
ESTIMATED COST
$11,550 (7o hrs @ $165/hr)
PHASE III — DESIGN INTENT
Final user/design team comments are incorporated and approved designs are finalized as biddable
documents with detailed information on materials, colors, dimensions, and suggested fabrication
techniques to convey the design intent of each sign. This phase includes modifications to sign location
plans and message schedules and the preparation of production artwork. Fabricator will use these
documents to provide final bids and generate shop drawings and final production art files for construction
of graphics. Fabricator will coordinate final production messaging and location plan with Owner prior to
fabrication of signage and graphic components.
Includes (1) worksession with Architect, (1) worksession with City, Kitsap Regional Library, and Architect, (1)
presentation with GC, Architect, and City at the conclusion of this phase.
*Assumes development, reviews, and presentations of all graphics and wayfinding scope happens concurrently at
the same time.
DELIVERABLES
+ Design intent documentation including: plans, elevations, detail drawings, message schedule,
location plans, and specifications for all signage and graphic components
ESTIMATED COST
$21,120 (128 hrs @ $165/hr)
+
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COMPENSATION
Studio SC estimates a design fee of Thirty Two Thousand Six Hundred Seventy Dollars ($32,670.00) for
the work identified in the Proposal plus reimbursable expenses (set forth below). The estimate is based
on the following fee schedule:
PORT ORCHARD CEC GRAPHICS & WAYFINDING ASR
DESCRIPTION HRS FEE
BUILDING FEATURE WALL GRAPHICS & WAYFINDING
+ PHASE II: DESIGN DEVELOPMENT 44 $7,260
+ PHASE III: DESIGN INTENT 98 $16,170
SUB -TOTAL 142 $23,430
KI L LIBRARY GRAPHICS
+ PHASE II: DESIGN T 26 $4,290
+ PHASE III: DESIGN INTENT 30 $4,950
SUB -TOTAL 56 $9,240
TOTAL
198
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REIMBURSABLE EXPENSES
In addition to compensation for time on the project, Studio SC will be reimbursed at a multiple of one and
two tenths (1.20) times the actual expenditures made in the interest of the project. Studio SC estimates
a total reimbursable expense allowance not to exceed $1,600. Typical project -related expenses include
mileage, presentation prints, reproduction costs, courier, postage, and/or shipping costs.
SUPPLEMENTAL SERVICES
Supplemental Services as listed above and other services agreed upon beyond the initial Proposal includ-
ing any changes or modifications as requested by the client in writing shall be in addition to the above
compensation, computed on a time -and -expense basis at the Designer's standard rate in effect at this
time. The Designer's standard rate currently in effect is $165.00/hour. Any Supplemental Services shall
be set forth in writing and executed by the parties on a form similar to Appendix A attached to the Design
Services Agreement.
ESTIMATES VALID
The estimated compensation for the attached proposal are valid for ninety (90) days from the effective
date of the Proposal. Studio SC reserves the right to modify the estimates, in its sole discretion, in the
event that a Design Services Agreement is not executed.
TERMS OF AGREEMENT
Enclosed is a copy of Studio SC's Terms of Agreement for Design Services. This document further details
the responsibilities of the Client and Designer related to this project.
It is our hope that you will receive this Agreement favorably. If the terms of this Agreement meet with your
approval, please sign and return to Studio SC. We look forward to working with you on this project.
Sincerely, Approved by,
Billy Chen
Principal, Studio SC
04/15/2025
Date
Date
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DESIGN SERVICES AGREEMENT
This Design Services Agreement ("Agreement") is made effective this day of , 2025 ("Effective
Date") by and between Studio SC, a Washington corporation with its principle place of business located at 401 Second
Avenue, Suite 205, Seattle, WA 981O4 ("Studio SC") and (Insert Name), with its principle place of business located at
(Insert address) ("Architect").
WHEREAS, Architect is providing architect and relates services for the project comprising (Insert name of project)
located at (insert location) ("Project");
WHEREAS, Studio SC is being retained by Architect to provide design and related services as set forth in the Proposal
and any subsequent Supplemental Services as agreed by the Parties;
WHEREAS, Studio SC desires to be retained by Architect under the terms and conditions of this Agreement; and
WHEREAS, the Parties agree to be legally bound as follows:
1. DEFINITIONS
As used in this Agreement, the following terms shall have the following meanings:
+ Primary Building ID / Address (canopy and/or columns)
+ "Supplemental Services Scope of Work" means a written document, executed by the Parties, governed by the
terms and conditions of this Agreement and incorporated by reference herein, adding services to the Project in
a format substantially similar to Exhibit A.
+ "Deliverables" means Reports and other work product to be provided by Studio SC to Architect or Owner pursuant
to a Proposal.
+ "Owner" means the ultimate decision maker for the Project.
+ "Services" means the services to be performed by Studio SC pursuant to the Proposal.
+ "Supplemental Services" means additional services to be performed by Studio SC for the Project as subsequently
determined by Architect or Owner for the Project.
2. SERVICES
Studio SC shall perform the Services and/or Supplemental Services in accordance with the terms and conditions
of this Agreement and the applicable Proposal or Supplemental Services Scope of Work. To the extent any terms
or conditions in a Master Agreement, Proposal, or Supplemental Services Scope of Work conflict with the terms or
conditions of this Agreement, the terms and conditions of this Agreement shall control unless otherwise specifically
stated in the Supplemental Services Scope of Work.
3. PERFORMANCE OF SERVICES
Studio SC agrees that it shall perform the Services: (i) using commercially reasonable efforts, expertise and skill;
(ii) in a timely manner; and (iii) according to the terms and conditions this Agreement, the applicable Proposal or
Supplemental Services Scope of Work and any other reasonably requested written instructions, specifications,
guidelines or requirements provided by Architect or Owner.
4. DELIVERABLES
Studio SC shall provide all Deliverables pursuant to the Proposal and/or Supplemental Services Scope of Work and
shall be subject to the reasonable review of Architecture or Owner to verify that the Deliverables satisfy the Project as
set forth in the Proposal or Supplemental Services Scope of Work. If a Proposal or Supplemental Services Scope of
Work fails to specifically set forth any acceptance criteria for any Deliverable, then acceptability of such Deliverable
shall be based on Studio SC's reasonable satisfaction with the Deliverable in the context of the Project.
For the avoidance of doubt, the Parties understand that the Services provided by Studio SC are creative in nature
and thus a Deliverable will not be held invalid and Studio SC will not be in default of this Agreement in the event that
Architect or Owner does not like the idea or concept set forth in a specific Deliverable.
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5. SUPPLEMENTAL SERVICES AND SUPPLEMENTAL SERVICES SCOPE OF WORK PROCESS
Architect and/or Owner may from time to time submit to Studio SC a written request for Supplemental Services
which may materially modify a Proposal or add Services not originally contemplated in the Proposal ("Supplemental
Services Scope of Work"). Studio SC shall respond in writing to a Supplemental Services request by including a
Supplemental Services Scope of Work in a form substantially similar to Exhibit A and shall include a statement of
the availability of Studio SC's personnel and resources and the impact, including, but not limited to, financial and
timelines, if any, for completion of the Supplemental Services as set forth in the Supplemental Services Scope
of Work. The Parties shall then negotiate a Supplemental Services Scope of Work in good faith and in context of
the overall Project. Studio SC will not implement any changes or any Supplemental Services until a Supplemental
Services Scope of Work has been duly executed by both Parties. For the avoidance of doubt, the Parties acknowledge
that Studio SC is under no obligation to execute a Supplemental Services Scope of Work and the original Design
Services Agreement shall remain in full force and effect.
6. COMPENSATION
+ 6(A) Amount. In consideration of the Services provided hereunder Architect / Owner shall pay Studio SC in
accordance with the terms of the applicable Proposal or Supplemental Services Scope of Work.
+ 6(B) Out -of -Pocket Expenses. Architect / Owner shall reimburse Studio SC for all reasonable, pre -approved
out-of-pocket expenses, including travel expenses, incurred in performance of the Services and set forth in the
Proposal and/or Supplemental Services Scope of Work. Studio SC shall provide Architect / Owner with adequate
supporting documentation, including copies of receipts along with submission of invoices.
+ 6(C) Invoices. All invoices shall be forwarded to the address set forth in the applicable Proposal, and must include
the Project name on the invoice. Studio SC shall issue invoices: (i) according to the invoice schedule set forth in
the Proposal and or Supplemental Services Scope of Work; or (ii) if no schedule is stated, then monthly.
+ 6(D) Payment Terms; Taxes. Architect / Owner shall pay all undisputed invoices within thirty days (30) days after
receipt of each invoice and any necessary supporting documentation. Architect / Owner shall make all checks
payable to Studio SC at the address specified in the invoice, unless otherwise specified in writing. Studio SC
agrees to provide its taxpayer identification number to Architect / Owner in order to receive payment hereunder.
Studio SC shall be solely responsible for paying all federal, state and local taxes with respect to all compensation
paid to Studio SC hereunder.
+ 6(E) Fair Market Value / Creative Services. Architect / Owner and Studio SC acknowledge and agree that the
compensation herein represents the fair market value for the Services and/or Supplemental Services and has
not been determined in a manner that takes into account the volume or value of any other business between the
Parties (or their respective Affiliates). The Parties further agree that the Services and/or Supplemental Services
provided by Studio SC are creative in nature and payment shall not be withheld in the event that Architect / Owner
does not like the Deliverable supplied by Studio, unless such arrangement has been previously agreed, in writing,
by the Parties.
+ 6(F) Invoice Dispute / Late Payment / Suspension of Service(s). In the event that the Architect / Owner has
a dispute with, or question relating to, any submitted Studio SC invoice, such dispute or question shall be
transmitted, in writing, to Studio SC within ten (io) business days of receipt of the invoice. The Parties shall
cooperate, in good faith, to resolve any dispute and or clarify any issue relating to a submitted invoice. Studio SC
agrees that during such period, in which an invoice is disputed, then Owner / Architect shall not be obligated to
pay and no late fee(s) shall accrue and the thirty (30) day payment term is tolled. The Parties further agree that in
the event, Studio SC is not notified, in writing, of a dispute or question relating to an invoice, then the invoice shall
be deemed to be accepted and late fee(s) and interest shall begin to accrue at the rate of two and one-half percent
(2.5%) per month if payment is not tendered within thirty (30) days. The Parties further agree that if Architect /
Owner fails to make payment for services and expenses when due, Studio SC may upon written notice to Client,
suspend performance of services under this Agreement. In the event of a suspension of services, Studio SC may,
in its sole discretion, seek full contract payment. Studio SC reserves all rights relating to the collection of fee(s)
and costs arising under this Design Services Agreement and any Supplemental Services Scope of Work.
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7. WARRANTIES AND REPRESENTATIONS
+ 7(A) Architect / Owner represents, warrants, and covenants that:
+ 7(A)(1) it has full corporate power and authority to enter into this Agreement and to carry out the provisions of
this Agreement and entry into this Agreement does not violate or conflict with the rights of any third party;
+ 7(A)(2) the Services shall be performed: (a) in accordance with applicable professional standards and quality;
(b) in accordance with all applicable laws, rules and regulations, and (c) in a manner that shall not infringe,
misappropriate, or violate the rights of any third party
+ 7(A)(3) it and its employees and subcontractors have all of the necessary qualifications, licenses, permits
and/or registrations to perform the Services in accordance with the terms and conditions of this Agreement, and
at all times during the Term (defined below), all such qualifications, licenses, permits and/or registrations shall be
current and in good standing;
+ 7(B) Studio SC represents, warrants, and covenants that:
+ 7(B)(1) it has full corporate power and authority to enter into this Agreement and to carry out the provisions of
this Agreement and entry into this Agreement does not violate or conflict with the rights of any third party;
+ 7(B)(2) the Services shall be performed in accordance with the AIGA Code of Ethics and Professional Conduct
for Graphic Designers;
8. CONFIDENTIALITY
As used herein, "Confidential Information" means all data, reports, documents, deliverables, materials or information
provided by or on behalf of Studio SC or its representatives hereunder as well as any and all reproductions, Reports,
analyses, compilations, studies, notes, extracts, summaries and any and all Records (whatever the format) prepared
by Architect / Owner and/or its employees and subcontractors in performance of the Services, including but not
limited to, all Deliverables. As between the Parties all Confidential Information derived or produced by Studio SC is
the sole and exclusive property of Studio SC. Architect / Owner shall not use the Confidential Information for any
purpose other than performance of the Services, and shall not disclose, in whole or in part, directly or indirectly, any
Confidential Information to any person or entity other than to its employees and/or subcontractors needing to know
such information who are bound by an obligation of confidentiality substantially similar to those contained herein.
+ 8(B) Exceptions. The obligations of confidentiality and non-use contained herein shall not apply to the portion of
the Confidential Information which:
+ is known to Architect / Owner prior to disclosure hereunder as evidenced by competent
written records;
+ was rightfully received before or after disclosure hereunder, from a third party entitled to disclose such
information on a non -confidential basis; or
+ can be proven to have been independently developed by Architect / Owner without the use of, or
reference to, Confidential Information;
8(C) Survival of Confidentiality Obligations. The obligations of confidentiality and non-use in this Agreement
shall survive for a period of three (3) years after the termination or expiration of the relevant Design
Services Agreement.
9. OWNERSHIP; PUBLICATIONS; USE OF STUDIO SC'S NAME
+ 9(A) Deliverables. As used herein, "Deliverable's" means all information, data, summaries, statistics, results,
Reports, that are made, conceived, or generated by Studio SC, its employees and/or subcontractors which arise
out of or result from the performance or the Design Services Agreement and/or Supplemental Services Scope of
Work. All Deliverable's constitutes "works for hire" as defined by 17 U.S.C. § 2o1(b).
9(B) Publications. Architect / Owner shall not publish or submit for publication, nor make any presentations
related to this Agreement without the consent of Studio SC, such consent not to be unreasonably withheld.
+ 9(C) Use of Studio SC's Name. Neither Party shall use the name of the other Party or its Affiliates, or any of
their respective officers, directors, employees, agents, representatives or subcontractors in any publication,
promotional material or other writing or oral statement for public distribution, relative to the subject matter or
existence of this Agreement without the other Party's prior written consent, such consent not to be
unreasonably withheld.
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+ 9(D) Survival. The obligations described in this section shall survive the expiration or earlier termination of
this Agreement.
+ 9(E) No Implied License. No license, either express or implied to any pre-existing Studio SC intellectual property is
granted pursuant to this Agreement.
1O. INDEMNIFICATION; INSURANCE
+ 1o(A) Indemnification by Architect / Owner. Architect / Owner shall defend, indemnify and hold harmless Studio
SC, its Affiliates, and any of their respective directors, officers, shareholders, employees, agents, representatives,
subcontractors, successors and assigns ("Studio SC Indemnitees") from any and all suits, actions, claims,
demands, judgments, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees and
court costs) ("Losses") related to: (i) a breach of this Agreement by Studio SC Indemnitees; (ii) the negligence or
willful misconduct of Studio SC Indemnitees; (iii) any infringement, misappropriation or violation by Studio SC
Indemnitees of any right of a third party. Architect / Owner's indemnification obligations hereunder shall not
apply to the extent that such Losses are attributable to the willful malfeasance or willful misconduct of any Studio
SC Indemnitees.
+ 10(B) Insurance. During the term of the Agreement the Parties shall maintain insurance in levels sufficient to meet
their respective obligations hereunder. Either Party may satisfy this requirement through a program of
self-insurance.
+ io(C) Certificates. Upon written request, a Party shall provide the requesting Party with a certificate of insurance
as evidence of the coverage required above.
+ 1o(D) Survival. The obligations set forth in this section shall survive the expiration or earlier termination of this
Agreement for a reasonable period of time thereafter.
11. TERM AND TERMINATION
+ 11(A) Term. This Agreement shall begin on the Effective Date and end upon project completion, unless terminated
sooner as provided for herein (the "Term").
+ 11(B) Agreement Termination. Studio SC may terminate this Agreement: (i) without cause, upon thirty (30) days'
written notice; and (ii) immediately, in the event of a material breach by Architect / Owner, including, without
limitation, failure to pay or failure to follow any applicable law, rule, regulation or guideline.+io(D) Survival. The
obligations set forth in this section shall survive the expiration or earlier termination of this Agreement for a
reasonable period of time thereafter.
+ 11(C) Procedures on Termination. Upon its receipt of notice of termination of this Agreement or a Supplemental
Services Scope of Work, Studio SC shall follow any reasonable instructions of Architect / Owner respecting work
stoppage. Studio SC shall use commercially reasonable efforts to minimize the amount of any non -cancelable
obligations and shall assign any contracts related thereto to Architect / Owner at Architect / Owner's reasonable
request. Within thirty (30) days of the final wind -down of the Agreement, Architect / Owner shall pay Studio SC's
final invoices.
12. NOTICES
All notices hereunder shall be delivered as follows: (a) personally; (b) by registered or certified mail (postage
prepaid); or (c) by overnight courier service, to the following addresses of the respective Parties:
To Studio SC: Studio SC, Inc.
Attention: Mark Sanders and Billy Chen
401 2nd Ave 5. #205
Seattle, WA 98104
To Architect / Owner: (Insert)
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Notices shall be effective: (a) upon receipt if delivered personally; (b) upon receipt if delivered by facsimile; (c) on the
third business day following the date of registered or certified mailing; and (d) on the first business day following the
date of delivery to the overnight courier. A Party may change its address listed above by written notice to the
other Party.
13. ARBITRATION
Any controversy or claim arising out of this Agreement or any alleged breach of this Agreement shall be resolved by
means of binding arbitration before a single arbitrator in accordance with the then existing Commercial Arbitration
Rules of the American Arbitration Association, including the Optional Rules for Commercial Agreements. The
arbitrator shall be a practicing attorney or retired judge with at least fifteen years total working experience as such.
The arbitration shall be held in Seattle, Washington or Los Angeles, California or any other place agreed upon at the
time by the parties. No demand for arbitration may be made after the date when the institution of legal or equitable
proceedings based on such claim or dispute would be barred by the applicable statute of limitation. The arbitrator is
not authorized to award punitive or other damages not measured by the prevailing party's actual damages. An award
of damages shall include pre -award interest at the rate of io percent from the time of the act or acts giving rise to
the award. In the event Studio SC initiates the dispute and is the prevailing party, then all fees and costs (including
reasonable attorney's fees) shall be paid by the non -prevailing party. Otherwise, each Party shall bear its own costs
and expenses.
14. MISCELLANEOUS
+ 14(A) Assignment. This Agreement shall begin on the Effective Date and end upon project completion, unless
terminated sooner as provided for herein (the "Term").
+ 14(B) Relationship of Parties. Architect / Owner's relationship to Studio SC hereunder is that of an independent
contractor and not an agent or employee. Nothing contained in this Agreement shall be construed as making the
Parties joint venturers or partners.
+ 14(C) Integration. Upon its receipt of notice of termination of this Agreement or a Supplemental Services Scope of
Work, Studio SC shall follow any reasonable instructions of Architect / Owner respecting work stoppage. Studio
SC shall use commercially reasonable efforts to minimize the amount of any non -cancelable obligations and shall
assign any contracts related thereto to Architect / Owner at Architect / Owner's reasonable request. Within thirty
(30) days of the final wind -down of the Agreement, Architect / Owner shall pay Studio SC's final invoices.
+ 14(D) Amendments. This Agreement and any Supplemental Services Scope of Works may not be amended except
by a writing signed by duly authorized representatives of the Parties.
+ 14(E) Severability. Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal
or invalid shall be deemed severed from this Agreement and shall not affect the continuing legality or validity of
the rest of this Agreement.
+ 14(F) Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the
State of Washington, excluding its choice of law provisions.
+ 14(G) Waiver. Any waiver of a term, condition or default of this Agreement must be in writing and signed by an
authorized representative of the Party against whom enforcement of the waiver is sought. A waiver of a particular
term, condition or default hereunder shall not be construed as a waiver of any other term, condition or default.
+ 14(H) Headings. All headings, captions or titles used herein are for ease of reference only, and are not intended to
affect the meaning or interpretation of this Agreement.
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Studio SC : Port Orchard CEC : Graphics & Wayfinding Design Development and Design Intent Phases ASR : 04.15.2023
Docusign Envelope ID: 5D855299-FD76-4D58-83E3-AD5922A47391
IN WITNESS WHEREOF,
The Parties have caused this Design Services Agreement to be signed by their respective duly authorized
representatives as of the Effective Date.
Studio SC Architect / Owner
By: By:
Print Name:
Title:
Print Name:
Title:
Date: Date:
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Studio SC : Port Orchard CEC : Graphics & Wayfinding Design Development and Design Intent Phases ASR : 04.15.2023
Docusign Envelope ID: 5D855299-FD76-4D58-83E3-AD5922A47391
EXHIBIT A: SUPPLEMENTAL SERVICES SCOPE OF WORK
SCOPE OF WORK #
This Supplemental Scope of Work # ("Supplemental Services") effective ("Supplemental
Services Effective Date") is by and between Studio SC, a Washington corporation with its principle place of business
located at Got Second Avenue, Suite 205, Seattle, WA 981O4 ("Studio SC") and (Insert Name), with its principle place
of business located at (Insert address) ("Architect") and is subject to the terms and conditions of the Design Services
Agreement (hereinafter defined). Studio SC and Architect are hereinafter collectively referred to as the "Parties" or
singularly as the "Party". Unless otherwise defined herein, all capitalized terms used in this Supplemental Services
Scope of Work shall have the same meaning as ascribed to them in the Design Services Agreement.
WHEREAS, Studio SC and Architect entered into that certain Design Services Agreement effective
as amended from time to time ("Agreement") which outlines the rights and obligations of the Parties with the respect
to the conduct of the Services and Project; and
NOW, THEREFORE, in consideration for the foregoing premises, the mutual promises and agreements contained herein,
the Parties agree as follows:
1. DESCRIPTION OF SUPPLEMENTAL SERVICES:
(Insert)
2. DELIVERABLES
(Insert)
3. SUPPLEMENTAL SERVICES PERFORMANCE SCHEDULE:
(Insert)
4. COMPENSATION AND FEE(S)
Payments shall be made in accordance with terms of the Design Services Agreement and/or the payment schedule
attached hereto as Addendum A ("Payment Terms").
Subject to the terms of the Design Services Agreement the total amount owed by Architect / Owner pursuant to this
Supplemental Scope of Work shall not exceed the Total Fees in the amount of( INSERT AGGREGATE AMOUNT
BELOW•• f••••) ("Total Fees"):
(a) Total Direct Fees:
(b) Total Pass Through Costs:
Total Fees:
5. INVOICES
Invoice(s) shall be submitted in the same manner as set forth in the Design Services Agreement.
that Studio SC is under no obligation to execute a Supplemental Services Scope of Work and the original Design
Services Agreement shall remain in full force and effect.
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Studio SC : Port Orchard CEC : Graphics & Wayfinding Design Development and Design Intent Phases ASR : 04.15.2023
Docusign Envelope ID: 5D855299-FD76-4D58-83E3-AD5922A47391
6. MISCELLANEOUS
("Insert") ***Note, this is any additional Term or Condition not already covered in the original Design Services
Agreement***
This Supplemental Services Scope of Work is subject to the terms and conditions of the Design Services Agreement,
except as provided herein. In all other respects the Design Services Agreement shall remain unchanged and in full
force and effect, except as revised by this Supplemental Services Scope of Work.
ACCEPTED BY:
TITLE:
DATE:
The remainder of this page intentionally left blank.
AUTHORIZED BY:
TITLE:
DATE:
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Studio SC : Port Orchard CEC : Graphics & Wayfinding Design Development and Design Intent Phases ASR : 04.15.2023