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066-20 - Rice Fergus Miller, Inc. - Contract Amendment 7DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC Amendment No. 7 to Contract No. C066-20 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH RICE FERGUS MILLER, INC. THIS AMENDMENT to Contract No. C066-20 ("Amendment") is made effective as of the 13th day of September, 2022, by and between the City of Port Orchard ("City), a municipal corporation, organized under the laws of the State of Washington, and Rice Fergus Miller, Inc., a corporation organized under the laws of the State of Washington, located and doing business at 275 51}i St. Bremerton, WA 98337 ("Consultant"). WHEREAS, on July 29, 2020, the City executed a Professional Services Agreement with Consultant for the South Kitsap Community Event Center Project (the "Project") ("Underlying Agreement"); and WHEREAS, on July 27, 2021, the City and Consultant executed Amendment No. 1 to the Underlying Agreement, increasing the contract amount and adding additional scope of work (work within the scope of the initial Request for Qualifications); and WHEREAS, on September 17, 2021, the City and Consultant executed Amendment No. 2 to the Underlying Agreement, adding additional scope of work (work within the scope of the initial Request for Qualifications); and WHEREAS, on October 12, 2021, the City and Consultant executed Amendment No. 3 to the Underlying Agreement, increasing the contract amount and adding additional scope of work (work within the scope of the initial Request for Qualifications); and WHEREAS, on January 25, 2022, the City and Consultant executed Amendment No. 4 to the Underlying Agreement, increasing the contract amount and adding additional scope of work due to unforeseen on -site conditions; and WHEREAS, on March 21, 2022, the City and Consultant executed Amendment No. 5 to the Underlying Agreement, extending the contract term to accommodate the scope of work; and WHEREAS, on April 12, 2022, the City and Consultant executed Amendment No. 6 to the Underlying Agreement, updating the scope and fee for tasks 4 and 5 of C082-19; and WHEREAS, the City received funding from the Kitsap Public Facilities District ("KPFD") via an Agreement between the City and the PFD (C082-19) for this 8-phase Project, which will result in a Community Event Center; and WHEREAS, the Consultant was selected as the most qualified firm to perform all phases of the Project, and to date the Consultant and City and have completed phases 1-3 as set out in C082-19; and WHEREAS, during the execution of work outlined as Tasks 4 and 5 of the original work plan, it was discovered that the existing seawall adjacent to the SKCEC site is structurally unstable and will require removal and restoration as part of the SKCEC designibuild that was outside of the scope of what was described in Tasks 4-5; and DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC WHEREAS, the parties wish to memorialize their agreement to so amend the Underlying Agreement; NOW, THEREFORE, follows: In consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as The Underlying Agreement, including previous Amendments Nos. 1-6, is amended as follows (amendment shown in legislative marks): a. The Scope of Work and total contract cost are amended as set out on Attachment 1 hereto (Amendment #7 Request). The new total contract cost shall not exceed $631,200. b. The contract term remains with a termination date of December 31, 2024, unless extended or earlier terminated in accordance with the terms of the Underlying Agreement. 2. In all other respects, the Underlying Agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year set forth above. CITY OF PORT ORCHARD, WASHINGTON DocuSigned by: L� 9L' Ro e u aansuu, Mayor ATTEST/AUTHENTICATED: DocuSigned by: r0d'PItace, MMC, City Clerk APPROVED AS TO FORM: / DocuSigned by: f affo0595Archer, City Attorney CONSULTANT Sigiiatulre Dean Kelly, Pr ipal Printed Name and Title DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC RIC§CeYgusmILLER 275 Fifth St. Suite 100 Bremerton, WA 98337 ARCHITECTURE INTERIORS PLANNING VIZLAB 360-377-8773 rfmarch.com July 20, 2022 Nick Bond Development Director City of Port Orchard 216 Prospect St Port Orchard, WA 98366 Re: South Kitsap Community Events Center Amendment 07 Request SD -CD Shoreline Restoration and Above Water Structures RFM Project: 2020002.00 Dear Nick, Rice Fergus Miller (RFM) is pleased to present the following Letter of Proposal to amend our contract for the above referenced project to specifically address the shoreline restoration scope outlined in Tasks 4 & 5 of the Regional Center Interlocal Agreement (ILA) between Kitsap Public Facilities District (KPFD) and the City of Port Orchard (PO) executed on September 15, 2021, for the South Kitsap Community Events Center (SKCEC) project. Project Description The existing seawall adjacent to the SKCEC site was evaluated and determined to be structurally unstable. This proposal is to provide design, engineering and permitting for the shoreline restoration and overwater deck structure. II. Scope of Services The following are included in this scope: • Geotechnical Engineering for over -water structures • Schematic Design thru Construction Documents Phase for: o Shoreline design limited to the area shown in the attached restoration site plan o Habitat restoration below the Mean Higher High -Water Level o Removal of the existing seawall and replacement with sloped shoreline and steps o Pile supported over -water deck structure to restore area "lost" by seawall removal o A recommended design at the end of each phase (SD, DD & CD) will be presented to City Council for approval. • Ecological Reports for critical areas, including: o Shoreline Mitigation Plan o Biological Assessment Report DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC South Kitsap Community Events Center SD -CD Shoreline Restoration and Above Water Structures July 20, 2022 • Permit Applications and Submittals: o Shoreline Substantial Development Permit (SSDP). We assume this permit will combine the submittals for both the CEC building and the shoreline restoration under one permit. Construction may be phased between the two projects. o Joint Aquatic Resource Permit Application (DARPA) o Endangered Species Act and Marine Mammal Protection Act Compliance (National Marine Fisheries Service and US Fish and Wildlife Service) o Clean Water Act Section 404 and Section 10 Approval (US Army Corps of Engineers) o Coastal Zone Management Act Section 401 Approval (WA Department of Ecology o Hydraulic Project Approval (WA Department of Fish and Wildlife) The following disciplines are included in this scope of work to provide the deliverables listed above: • Geotechnical Engineering • Structural Engineer • Ecological Consultant • Electrical Engineer • Civil Engineer • Cost Estimator • Landscape Architect III. Exclusions and Additional Services The following services, though they could be provided by RFM and consultants, are excluded from our Scope of Basic Services and, if requested, will be billed as Additional Services. • Bidding through Construction Administration Phase • Site work and shoreline restoration beyond the attached site plan • Marketing Materials and Photography • Design requirements, submittals and permits related to any Federal Funding Grants • We assume there are no mechanical or plumbing needs for this project including, but not limited to, water meter and fire service. • We assume there will be no federal permitting to require NEPA process • All permit fees to be paid by the Owner directly to the respective jurisdictions IV. Owner Responsibilities It is our understanding that City of Port Orchard will provide full information, including a program, setting forth its design objectives, constraints, and criteria; any available dimensioned drawings describing all existing improvements; assistance in scheduling and accessing the 2 of 3 DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC South Kitsap Community Events Center SD -CD Shoreline Restoration and Above Water Structures July 20, 2022 shoreline and waterward areas for shoreline design and investigation; and, the services of other consultants not included here when such services are deemed to be necessary. V. Schedule Shoreline restoration and over -water structure design efforts from Schematic Phase thru Construction Documents Phase will take approximately 9 months. We propose to start this work as soon as our contract is approved to catch up to the CEC site design. Permitting is estimated to last for 12 months. We will develop the detailed milestones of the project schedule during the design process. VI. Compensation For the Scope of Services outlined above, compensation shall be a Fixed Fee of Six Hundred Thirty -One Thousand Two Hundred Dollars ($631,200.00); plus, reimbursable expenses and any applicable taxes. Consultant fees include RFM standard markup of 12%. Additional Services, when requested, will be billed on an hourly basis at our standard hourly rates, as listed in the attached Hourly Billing Rates or as agreed to prior to commencement of the Additional Services. VII. Terms of Agreement Please provide an amendment to our South Kitsap Community Events Center contract upon accepting this proposal. Vill. Summary Thank you for the opportunity to propose on your project. We look forward to discussing our proposal further and working with you. Please contact me if you have any questions. Sincerely, Rice Fergus Miller, Inc. T�_ Dean Kelly, Pr cip Architect Attachment: Shoreline Restoration Site Plan Hourly Billing Rates 3 of 3 DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC Demolish existing seawall and regrade shoreline to natural conditions City of Port Orchard Restoration Area - • • � - 11°i11111 • New light -transmissible overwater structure on concrete piles with ADA ramp to water's edge. • Install nearshore plantings. • Shoreline friendly lighting on new deck structure. F-- Project Restoration Area 5c_ —y13 Port of Bremerton Restoration Area FUTURE LIFT - _ — o :�- )------I'r j STATION M o l5 11 1 FUTURE POCEC .ORCHARD / i = SAVE PLAZA ST PLAZA, - s��' /��� 1,06 F s DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC RafergusmILLER ARCHITECTURE INTERIORS PLANNING VIZLAB 275 Fifth Street, Suite 100 Bremerton, WA 98337 Phone: (360) 377-8773 rfmarch.com 2022 Hourly Billing Rates Date of Proposal: July 20, 2022 Project: South Kitsap Community Events Center - SD -CD Shoreline Restoration and Above Water Structures Project No.: 2020002.00 The hourly billing rates shall be annually adjusted in accordance with normal salary review practices of Rice Fergus Miller. Principal in Charge: $ 190.00 - $ 275.00 Senior Planner: $ 175.00 - $ 275.00 Project Manager: $ 130.00 - $ 190.00 Project Architect: $ 120.00 - $ 190.00 Staff Architect: $ 125.00 - $ 160.00 Project Designer: $ 115.00 - $ 190.00 Staff Designer: $ 115.00 - $ 155.00 Interior Designer: $ 100.00 - $ 170.00 Technical Designer: $ 95.00 - $ 155.00 Production Support: $ 85.00 - $ 155.00 Graphics Visualization: $ 120.00 - $ 140.00 Project Coordinator: $ 140.00 Administrative Support Staff: $ 90.00 - $ 140.00