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066-20 - Rice Fergus Miller, Inc. - Contract Amendment 12DocuSign Envelope ID: 6E02EAB9-7B3C-4715-A1EF-B2967E817983 Amendment No. 12 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 201 day of December, 2023, by and between the City of Port Orchard ("City"), a municipal corporation, organized under the laws of the State of Washington, and Rice Fergus Miller, Inc., a corporation organized under the laws of the State of Washington, located and doing business at 275 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, 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 10788500.1 - 366922 - 0001 DocuSign Envelope ID: 6E02EAB9-7B3C-4715-A1EF-B2967E817983 WHEREAS, in May 2023, the City and Consultant executed Amendment No. 10 to the Underlying 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, the City has been working with the Washington State Department of Natural Resources regarding the existing and necessary aquatic land lease(s) and associated permits due to the location of the CEC along the City's waterfront and within regulated lands, and the City has determined that services from Consultant to assist in the preparation and submission of application materials to DNR for this Project; and WHEREAS, the City now wishes to add these services to complete the Project within the Project scope referenced in the original 2020 Request for Proposals and as outlined in proposed contract amendment #12 as attached hereto; and WHEREAS, Contract Amendment #12 provides for the performance of these services on an as - needed, hourly basis, as the City will utilize in-house expertise for as much of the permit preparation and submission as possible, using Consultant to supplement those efforts; 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 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. 1-11, is amended as follows (amendment shown in legislative marks): a. The Scope of Work is amended to add the tasks as set out on Attachment 1 hereto (Amendment #12 Request). b. For the Amendment #12 Scope of Work, compensation for these services shall be based on the list of billing rates attached hereto as Attachment 2 and incorporated herein by this reference, with a not to exceed for the Amendment #12 Scope of Work of $62,900. c. The City will issue task orders for work set out on the Amendment #12 Scope of Work authorizing specific tasks and the Consultant will provide said services based on the billing rates set out in Attachment 2, provided the total compensation for all authorized work under the Amendment #12 Scope of Work shall not exceed $62,900. d. 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. 10788500.1 - 366922 - 0001 DocuSign Envelope ID: 6E02EAB9-7B3C-4715-A1EF-B2967E817983 CITY OF PORT ORCHARD, WASHINGTON Eh DocuSigned by: d P4MJA.SW Robert Putaansuu, Mayor ATTEST/AUTHENTICATED: EDocuSigned by: dACSASdRRfIl1f7d9 A Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Docu%Signed by: Charlotte A. Archer, City Attorney CONSULTANT i�'W&6 S*fiature Dean Kelly, L/ipal Printed Name and Title 10788500.1 - 366922 - 0001 DocuSign Envelope ID: 6E02EA139-7133C-4715-A1 EF-B2967E817983 KPG KPG Psomas Inc. Summary of Negotiated Costs Effective November 10, 2023 through December 31, 2024 2024 Inclusive Rate Classification (Rounded to $1) Principal 299 Engineering Manager 264 Senior Engineer 226 Senior Project Engineer 213 Project Engineer 1 156 Project Engineer II 184 Project Engineer 111 197 Design Engineer 1 140 Design Engineer II 147 Engineering Technician 120 Technician 107 Engineering Assistant 96 Senior Project Manager Survey 264 Survey Crew I (w/Equip) 215 Survey Crew II (w/Equip) 273 Field Surveyor 1 96 Field Surveyor 11 128 Field Surveyor III 152 Survey Assistant 96 Project Surveyor 172 Surveyor 1 96 Surveyor 11 127 Surveyor III 143 Urban Design Manager 210 Project Landscape Architect 162 Landscape Technician 107 Landscape Assistant 95 Senior Transportation Planner 199 Transportation Planner 120 Environmental Manager 230 Senior Environmental Planner 1 191 Senior Environmental Planner II 258 Managing Biologist 1 191 Managing Biologist 11 213 Managing Biologist III 242 Senior Archaeologist 177 GIS Manager 168 Senior Biologist 1 143 Senior Biologist 11 166 Word Processor 125 Biologist 1 83 Biologist 11 111 Biologist III 134 Environmental Planner 166 Editor 96 GIS Tech 92 Cultural Resource Specialist 86 Senior Construction Manager 257 Construction Manager 194 Senior Resident Engineer 181 Resident Engineer 162 Assistant Resident Engineer 152 Senior Construction Observer 201 Construction Observer I 111 Construction Observer II 137 Construction Observer III 150 Construction Technician 96 Document Control Specialist 1 127 Document Control Specialist 11 150 Document Control Admin 109 Construction Assistant 80 CAD Manager 189 Senior CAD Technician 144 CAD Technician 131 Business Manager 186 Senior Admin 140 Office Admin 108 Office Assistant 86 Subs billed at cost plus 5%. Reimbursables billed at actual costs. Mileage billed at the current approved IRS mileage rate. DocuSign Envelope ID: 6E02EAB9-7B3C-4715-A1 EF-B2967E817983 Ecological Land Services Rate Schedule-2024 Expert Witness Testimony/Litigation Support President Professional Biologist Biologist V Biologist IV Biologist III Biologist II Biologist I Biologist Entry Level Field Director Field Technician IV Field Technician III Field Technician II Field Technician I Graphics Manager Graphics Professional Graphics Technician V Graphics Technician IV Graphics Technician III Graphics Technician II Graphics Technician I Project Coordinator III Project Coordinator II Project Coordinator I Standard Mileage Company Truck Mileage Government Mileage Rate Double the Hourly Rate $ 250.00 / Hour $ 220.00 / Hour $ 187.00 / Hour $ 170.00 / Hour $ 142.00 / Hour $ 130.00 / Hour $ 113.00 / Hour $ 102.00 / Hour $ 83.00 / Hour $ 78.00 / Hour $ 71.00 / Hour $ 67.00 / Hour $ 63.00 / Hour $ 155.00 / Hour $ 150.00 / Hour $ 142.00 / Hour $ 140.00 / Hour $ 124.00 / Hour $ 110.00 / Hour $ 99.00 / Hour $ 116.00 / Hour $ 85.00 / Hour $ 71.00 / Hour $ 1.00 / Mile $ 1.00 / Mile $ .65 / Mile (or current rates) In the event that a subcontractor is needed for a project and the client wishes to have the subcontractor bill ELS directly, a 10% handling fee will be added to client invoice for this service. In the event that permit costs are needed for a portion of a project and the client wishes to have ELS or pay costs at time of request, a 10% handling fee will be added to client invoice for this service. For other project expenses paid in advance by ELS a 10% handling fee will be added to client invoice. These costs can include but are not limited to: aerial photos, specialty maps, government documentation, color copies, oversized copies, film development and field related supplies. DocuSign Envelope ID: 6E02EA139-7133C-4715-A1 EF-B2967E817983 1601 Fifth Avenue, Suite 1600 Seattle, WA 98101 206.622.5822 kpff.com December 13, 2023 Lorie Limson Cook Rice Fergus Miller 275 Fifth Street, Suite 100 Bremerton, WA, 98337 Subject: Port Orchard Community Event Center Survey, Civil Engineering, and Permitting Group Additional Service Request for DNR Lease Support RFM Amendment #12 Dear Lorie: This proposal is for the additional service request (ASR) to support the City of Port Orchard's lease renewal process with the Department of Natural Resources (DNR) to allow for design progression associated with the Community Events Center and Orchard Plaza projects. SCOPE OF WORK BASE SCOPE Task 1 — Survey DNR Lease Support -Aquatic Land Lease Survey (Hourly) • Perform control survey to establish control on the Washington State Plane Coordinate System. • Utilize previous site topographic survey for the required site plan and supplement any additional items needed to prepare the ALL survey. • Coordinate with the Port of Bremerton surveyor to adjust the lease boundary lines to avoid encroachments between the leaseholders' improvements. • Prepare ALL surveys and submit to DNR for review and comments. • Address DNR comments and submit for final approval. • Record the record of survey with the Kitsap County Auditor. • Deliverables will be a Record of Survey for Aquatic Land Lease recorded with the Kitsap County Auditor. Task 2: Civil DNR Lease Support (Hourly) Civil efforts for this additional service include the following items that have both occurred and are anticipated. • Support the City team's efforts of applying for updated DNR leases. • Provide an updated exhibit showing adjacent property boundaries. • Attend four (4) DNR lease related meetings. • We have anticipated approximately 40 hours to support these efforts. DocuSign Envelope ID: 6E02EAB9-7B3C-4715-A1 EF-B2967E817983 Lorie Limson Cook December 13,2023 Page 2 Task 3: Waterfront Services DNR Lease Support (Hourly) Waterfront Services efforts for this additional service include the following items that have both occurred and are anticipated. • Support the City team's efforts of applying for updated DNR leases. • Review exhibit prepared by others and potential repackage of SSDP documents to support the City's applications • Attend four (4) DNR lease related meetings. • We have anticipated approximately 40 hours to support these efforts. POTENTIAL ADD SERVICE: Task A: Waterfront Services DNR Lease JARPA Support (Hourly) Waterfront Services will provide the follow in support the planned DNR lease extension: • Prepare draft and final Joint Agency Resource Permit Applications (JARPA) for the leases associated with the port property, the upland plaza, and the overwater structures. • Prepare necessary JARPA exhibits • Attend four (4) DNR lease related meetings. • We have anticipated approximately 40 hours of senior planner effort for each JARPA plus 8 hours of CAD technician. ASSUMPTIONS In addition to any assumptions or exclusions previously made in KPFF's proposals, the following assumptions have been made in preparation of this scope of work: 1. Scope of work requested or required that is not specifically identified in one of the tasks above may be considered an additional service. Prior to completing any such work, KPFF will discuss with you the need and impact on the scope and fee. 2. All recording and application fees will be the responsibility of the client and are not included in the fee schedule given below. 3. KPFF will be allowed unrestricted access to site during course of project to perform survey and site walks. 4. Reimbursement fee given does not include any DNR fees or payments for lease holds, fee given includes title reports and recording of the Record of Survey. DocuSign Envelope ID: 6E02EAB9-7B3C-4715-A1 EF-B2967E817983 Lorie Limson Cook December 13,2023 Page 3 FEES We propose to provide the above additional services for the following hourly not to exceed fee. Base Scope: Task 1 — Survey DNR Lease Support Task 2 — Civil DNR Lease Support Task 3 — Waterfront Services DNR Lease Support Base Scope Total Potential Add Service: Task A — Waterfront Services DNR Lease JARPA Support Reimbursable Cost* $ 17,900 HR 7,500 HR 7,000 HR 29,000 HR $1,500 *Reimbursable expenses for items such as travel, reprographic copying, title reports, recording and application fees, and courier service will be billed at cost. We appreciate the opportunity to continue supporting the success of Port Orchard's Community Event Center project redevelopment. If you have any questions regarding this proposal, please contact me at (206) 926-0549. Sincerely, eni er Cla , PE cipal JRC 1004200510 DocuSign Envelope ID: 6E02EA139-7133C-4715-A1 EF-B2967E817983 612 Woodland Square Loop SE, Suite 100 Lacey, WA 98503 360.292.7230 kpff.com lqjff KPFF CONSULTING ENGINEERS LACEY OFFICE FEE SCHEDULE FOR PROFESSIONAL SURVEYING SERVICES Effective July 2023 Personnel Charges Principal .............................................. $ 270/hour Sr. Project Surveyor ..................................... $160-170/hour Project Surveyor ........................................ $150-165/hour Survey Crew Chief ...................................... $125-140/hour Survey Crew ........................................... $210-220/hour Survey CAD Technician ................................. $100-115/hour UAV Pilot .............................................. $125-140/hour Utility Locator .......................................... $125-140/hour Project Cost Accountant .................................. $135-145/hour Project Coordinator ..................................... $100-115/hour Administration .......................................... $100-115/hour Reimbursable Expenses Non -salary costs such as charges for express mail, delivery, photography, reproduction, automobile mileage, parking, and client -directed out-of-town travel shall be reimbursed at cost without mark-up. Sub -consultants The billing of sub -consultants will be marked up 10 percent. DocuSign Envelope ID: 6E02EAB9-7B3C-4715-Al EF-B2967E817983 lqjff FEE SCHEDULE CIVIL ENGINEERING SERVICES Hourly rate ranges for KPFF employees per labor category listed below: Labor Category Rate Range Principal $220 - $230/Hour Associate $165 - $210/Hour Project Engineer $137 - $155/Hour Design Engineer $120 - $135/Hour Civil3D/CADD Tech $105 - $160/Hour Project Coordinator $120 - $130/Hour Administration $90 - $100/Hour Rates are subject to adjustment in July 2024. DocuSign Envelope ID: 6E02EA139-7133C-4715-A1 EF-B2967E817983 KPFF CONSULTING ENGINEERS Waterfront Services FEE SCHEDULE for PROFESSIONAL PLANNING AND ENGINEERING SERVICES Rates are effective July 1, 2023 and are subject to change July 1, 2024 Personnel Charges 2023 Hourly Rates Principal $250 Senior Technical Specialist $310 Senior Project Manager/Associate $245 Project Manager $205 Senior Engineer $190 Prof. Engineer/Sr. Planner $170 Construction Project Manager $165 Design Engineer/Planner $120 Sr. CAD Technician $150 Designer/CAD Technician $130 Program Support Specialists $135 Administration $100 Reimbursable Expenses Non -salary costs such as charges for express mail, delivery, photography, reproduction, automobile mileage, parking and client -directed out-of-town travel shall be reimbursed at cost without mark-up. Subconsultants The billings of subconsultants will be marked up 8%. DocuSign Envelope ID: 6E02EA139-7133C-4715-A1 EF-B2967E817983 RIC eYgusmILLER ARCHITECTURE INTERIORS PLANNING VIZLAB 275 Fifth Street, Suite 100 Bremerton, WA 98337 Phone: (360) 377-8773 rfmarch.com 2023 Hourly Billing Rates Date of Proposal: Project: Project No.: The hourly billing rates shall be annually adjusted in accordance with normal salary review practices of Rice Fergus Miller. Principal in Charge: $ 250.00 - $ 300.00 Senior Planner: $ 140.00 - $ 300.00 Project Manager: $ 130.00 - $ 250.00 Project Architect: $ 120.00 - $ 250.00 Staff Architect: $ 110.00 - $ 190.00 Project Designer: $ 110.00 - $ 190.00 Staff Designer: $ 100.00 - $ 190.00 Interior Designer: $ 80.00 - $ 200.00 Technical Designer: $ 100.00 - $ 170.00 Production Support: $ 100.00 - $ 170.00 Graphics Visualization: $ 140.00 Project Coordinator: $ 140.00 Administrative Support Staff: $ 90.00 - $ 140.00 DocuSign Envelope ID: 6E02EAB9-7B3C-4715-AI EF-B2967E817983 Sider + Byers Hourly Rate Schedule: Principal: $180.00 CAD Technician: $ 100.00 Senior Engineer: $170.00 Administrative: $ 75.00 Electrical Engineer: $160.00 Project Engineer: $150.00