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066-20 - Rice Fergus Miller, Inc. - Contract Amendment 6DocuSign Envelope ID: 87930FB3-B4BE-4145-87E9-C2864EA9535C Amendment No. 6 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 12th day of April, 2022, by and between the City of Port Orchard ("City), a municipal corporation, organized under the laws of the State of Washington, and Rice Fergus Miller, Inc., a corporation organized under the laws of the State of Washington, located and doing business at 275 5' 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, the City received funding from the Kitsap Public Facilities District ("KPFD") via an Agreement between the City and the PFD (C082-19) for this 8-phase Project, which will result in a Community Event Center; and WHEREAS, the Consultant was selected as the most qualified firm to perform all phases of the Project, and to date the Consultant and City and have completed phases 1-3 as set out in C082-19; and WHEREAS, the Consultant and the City have conferred and have negotiated a scope and fee for tasks 4 and 5 of C082-19; and WHEREAS, the parties wish to memorialize their agreement to so amend the Underlying Agreement; NOW, THEREFORE, In consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as follows: DocuSign Envelope ID: 87930FB3-B4BE-4145-87E9-C2864EA9535C The Underlying Agreement, including previous Amendments Nos. 1-5, is amended as follows (amendment shown in legislative marks): a. The Scope of Work and total contract cost are amended as set out on Attachment 1 hereto (Amendment #6 Request). The new total contract cost shall not exceed $2,124,468.28. b. The contract term is extended to a new termination date of December 31, 2024, unless extended or earlier terminated in accordance with the terms of the Underlying Agreement. 2. In all other respects, the Underlying Agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year set forth above. CITY OF PORT ORCHARD, WASHINGTON DocuSigned by: �2etit,v� POMAAak Robert utaansuu, Mayor ATTEST/AUTHENTICATED: DocuSigned by: Bran y a ace; MMC, City Clerk APPROVED AS TO FORM: DocuSigned by: Ct� arm C 50offe X.2%7cher, City Attorney CONSULTANT Printed Name and Title DocuSign Envelope ID: 87930FB3-B4BE-4145-87E9-C2864EA9535C RIC§CeYgusmILLER 275 Fifth St. Suite 100 Bremerton, WA 98337 ARCHITECTURE INTERIORS PLANNING VIZLAB 360-377-8773 rfmarch.com March 23, 2022 Nick Bond Development Director City of Port Orchard 216 Prospect St Port Orchard, WA 98366 Re: South Kitsap Community Events Center Amendment 06 Request ILA Task 4 Design Development & Task 5 Construction Documents Plus Seawall Assessment 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 based on Tasks 4 & 5 of the Regional Center Interlocal Agreement (ILA) between Kitsap Public Facilities District (KPFD) and the City of Port Orchard (PO) executed on September 15, 2021, for the South Kitsap Community Events Center (SKCEC) project. I. Project Description This is a continuation of our Phase 1 work that started with conceptual design in 2020 and schematic design in 2021; except, existing seawall evaluation previously excluded from Phase 1 will now be added to this scope of work. The following scope of services describe the next phases of our work. II. Scope of Services Phase 2: Our work is based on the referenced ILA Exhibit A Task 4 which includes: • Design Development Documents • SEPA Checklist • Traffic Impact and Parking Analysis • Application for Shoreline Substantial Development Permit (SSDP) • Cost Estimates based on Design Development drawings • Assist in estimating operations and maintenance costs • Assessment of existing seawall directly adjacent to the CEC site for structural capacity and remaining service life (see the attached map) Phase 3: Our work is based on the referenced ILA Exhibit A Task 5 which includes: • Shoreline Substantial Development Permit (SSDP) application and submittals. 0 100% Ad Ready Construction Documents DocuSign Envelope ID: 87930FB3-B4BE-4145-87E9-C2864EA9535C South Kitsap Community Events Center ILA Task 4 Design Development & ILA Task 5 Construction Documents Proposal March 23, 2022 • Application for building permits, land disturbing activity permits (LDAP), and stormwater drainage permits (SDP). • Prepare plans and permit application submittals for any off -site improvements only as required under SEPA, SSDP or as conditions of other permit approvals specific to SKCEC. ILA Exclusions: The following items noted in the ILA are excluded from our scope per City of Port Orchard direction: • Schematic Design thru Construction Documents Phase for: o Shoreline mitigation o Over -water structures • Geotechnical Engineering for over -water structures • Ecological Reports for critical areas, including: o Wetland Delineation and Report o Habitat/Shoreline Mitigation Report o Biological Assessment • Application for Shoreline Substantial Development Permit (SSDP) specific to shoreline mitigation and over -water structure • Prepare and file Joint Aquatic Resource Permit Application (DARPA) • Other permit applications and submittals related to shoreline mitigation and/or overwater structure(s) The following disciplines are included in this scope of work to provide the deliverables listed above: • Civil Engineer • Landscape Architect • Transportation Engineer • Structural Engineer • Mechanical, Electrical and Plumbing Engineers • Interior Designer • Food Service Designer III. Exclusions and Additional Services • Acoustical Consultant • Building Envelope Consultant • Cost Estimator • Hospitality Consultant • Promotions & Social Media Consultant • Audio/Video Consultant • Signage Consultant In addition to the ILA Exclusions noted above, the following services, though they could be provided by RFM and consultants, are excluded from our Scope of Basic Services and, if requested, will be billed as Additional Services. • Bidding through Construction Administration Phase • Off -site work beyond the attached site delineation map specific to SKCEC P DocuSign Envelope ID: 87930FB3-B4BE-4145-87E9-C2864EA9535C South Kitsap Community Events Center ILA Task 4 Design Development & ILA Task 5 Construction Documents Proposal March 23, 2022 • Additional design and engineering consultants not listed, including but not limited to: o Furniture's, Fixtures, & Equipment (FFE) Design and Specifications, Procurement and Installation o LEED or other sustainability or green building certification • Marketing Materials and Photography • Design requirements, submittals and permits related to any Federal Funding Grants IV. Owner Responsibilities It is our understanding that City of Port Orchard will provide full information, including a program, setting forth its design objectives, constraints, and criteria; any available dimensioned drawings describing all existing improvements including existing buildings and structures; assistance in scheduling and accessing the existing seawall for assessment including structure beneath the existing Kitsap Bank building on site; and, the services of other consultants not included here when such services are deemed to be necessary. V. Schedule The ILA estimates 9 to 12 months for Task 4 (RFM Phase 2) and 6 to 12 months for Task 5 (RFM Phase 3). Seawall assessment will occur simultaneously with Task 4 (RFM Phase 2). We propose to start this work around April 2022, as soon as our contract is approved. We will develop the detailed milestones of the project schedule during the design process. VI. Compensation For the Scope of Services outlined above, compensation shall be a Fixed Fee as described below: Phase 2 - Design Development Phase $619,500 Phase 3 - Construction Documents Phase $770,000 TOTAL $1,389,500 Plus, reimbursable expenses and any applicable taxes. Consultant fees include RFM standard markup of 12%. Additional Services, when requested, will be billed on an hourly basis at our standard hourly rates, as listed in the attached Hourly Billing Rates or as agreed to prior to commencement of the Additional Services. VII. Terms of Agreement Please provide an amendment to our South Kitsap Community Events Center contract upon accepting this proposal. Vill. Summary Thank you for the opportunity to propose on your project. We look forward to discussing our proposal further and working with you. Please contact me if you have any questions. DocuSign Envelope ID: 87930FB3-B4BE-4145-87E9-C2864EA9535C South Kitsap Community Events Center ILA Task 4 Design Development & ILA Task 5 Construction Documents Proposal March 23, 2022 Sincerely, Rice Fergus Miller, Inc. Dean Kelly, Pr cip Architect Attachment: Site Cost Delineation Map Hourly Billing Rates DocuSign Envelope ID: 87930FB3-B4BE-4145-87E9-C2864EA9535C I03/23/22: EXTENTS OF EXISTING I SEAWALL ASSESSMENT (CIVIL AND LANDSCAPE TO COORDINATE FINAL I ROUTING OF THIS PEDESTRIAN PATHWAY CEC SITE SURFACE IMPROVEMENT COST DELINEATION: WEST BOUNDARY: INCLUDE PEDESTRIAN PATH SOUTH BOUNDARY: ENTIRE PORT ST ROW TO 7—ELEVEN BLDG EAST BOUNDARY: INCLUDE SIDEWALK AND CURB ALONG BAY ST. NORTHEAST BOUNDARY: CENTERLINE OF ORCHARD ST NORTH BOUNDARY: PROPERTY LINE �a oe o a o eo o -- - - - — — — ' '.':- :.'.:.:'...... . _ :':::':':::':':::'.'::..:.....:.....................LL.LL . '.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'. '.'.'.'.'.� '. a: : : : : : : : ............' ' ....'...'.'... v . .. CEC SITE GRADE ELEVATION T016.5 FT ...................................................... .. `BUILDING FINISHED FLOOR SHALL BE it : - ::-:-:LL:LL:-:-:LL:LL:-:-:LL:LL:-:-:LL:LL a-:LL:LL:-:-:LL:LL:-:-:LL:LL:-:-:LL:--:-::: � :.:::'.•. o ��tuufu::..:. .......... ::-: CALCULATED TO THE SITE PROPERTY LINE . a ... . - I .r , .:: :,.,:.....,..:... - _ - - - --,-, •-•--DECKABOVE-•-�-•,--•,�, -^-DECK ABOVEFVI o � a 0 0 _ I �P — e_ — � — I -- -- - O SKCEC SITE COST ESTIMATE DELINEATION REVISED 03.23.2022 DocuSign Envelope ID: 87930FB3-B4BE-4145-87E9-C2864EA9535C RIC eYgusmILLER ARCHITECTURE INTERIORS PLANNING VIZLAB 275 Fifth Street, Suite 100 Bremerton, WA 98337 Phone: (360) 377-8773 rfmarch.com 2022 Hourly Billing Rates Date of Proposal: January 25, 2022 Project: SKCEC Amendment 05 - Seawall Assessment Project No.: 2020002.00 The hourly billing rates shall be annually adjusted in accordance with normal salary review practices of Rice Fergus Miller. Principal in Charge: $ 190.00 - $ 275.00 Senior Planner: $ 175.00 - $ 275.00 Project Manager: $ 130.00 - $ 190.00 Project Architect: $ 120.00 - $ 190.00 Staff Architect: $ 125.00 - $ 160.00 Project Designer: $ 115.00 - $ 190.00 Staff Designer: $ 115.00 - $ 155.00 Interior Designer: $ 100.00 - $ 170.00 Technical Designer: $ 95.00 - $ 155.00 Production Support: $ 85.00 - $ 155.00 Graphics Visualization: $ 120.00 - $ 140.00 Project Coordinator: $ 140.00 Administrative Support Staff: $ 90.00 - $ 140.00