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066-20 - Rice Fergus Miller, Inc. - Contract Amendment 13DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C Amendment No. 13 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 _ day of January, 2024, 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 5t' 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 10803846.1 - 366922 - 0001 DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C 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, the Project is now poised for additional design development through the preparation of construction documents to move to bid, which is a phase included in the original procurement but not included in the Underlying Agreement, as the City elected to phase the Project with the selected Consultant; WHEREAS, Contract Amendment #13 provides 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, the Consultant was selected as the most qualified firm to perform all phases of the Project; 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. 1-12, 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 #13 Request). b. For the Amendment #13 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 $630,147 for the performance of the Amendment #13 Scope of Work, plus reimbursable expenses and any applicable taxes, as se out in Attachment 1 hereto. c. The contract term remains with a termination date of December 31, 2024, unless extended or earlier terminated in accordance with the terms of the Underlying Agreement. 2. In all other respects, the Underlying Agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year set forth above. 10803846.1 - 366922 - 0001 DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C CITY OF PORT ORCHARD, WASHINGTON FDocuSigned by: N"AA sw Robert utaansutii, Mayor ATTEST/AUTHENTICATED: DocuSigned by: t�rau, (lea(. AV, 54B 0049 ... M BrandW y a lace, MC, City Clerk APPROVED AS TO FORM: Docu%Signed by: 55204a7... Charlotte A. Archer, City Attorney CONSULTANT Printed Name and Title 10803846.1 - 366922 - 0001 DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C RICFCeYgusmILLER ARCHITECTURE INTERIORS PLANNING VIZLAB January 17, 2024 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 13 Request Orchard Plaza Design Development thru Construction Documents Phase 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. Project Description The City of Port Orchard's Master Plan includes sites surrounding the above referenced project. This proposal is to continue our work under Amendment 11 Orchard Plaza Schematic Design which extended our site design scope to include "Orchard Plaza" from Orchard Avenue to Frederick Avenue per the attached Site Scope Delineation map. This contract amendment takes us to the next phases of design for this area. II. Scope of Services The following scope includes typical deliverables for Design Development and Construction Documents Phase for the referenced area. The goal is to further develop the design and details thru completion of permit submittals and completing bid ready documents. The following disciplines are included in this scope of work. Please see their attached proposals for a detailed description of their scope: • Architect / Project Management • Civil Engineer • Structural Engineer • Landscape Architect III. Exclusions and Additional Services • Electrical Engineer • Cost Estimator • Cultural / Archeological Consultant This proposal excludes Bid Support and Construction Administration. Schedule of this work is undetermined at this stage and will be part of a future contract amendment. Work beyond the listed disciplines and scope described above is excluded. DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C South Kitsap Community Events Center Amendment 13 - Orchard Plaza Design Development thru Construction Documents Phase January 17, 2024 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; and, the services of other consultants not included here when such services are deemed to be necessary. V. Schedule Work can proceed as soon as this proposal is approved and an executed contract is provided. We estimate approximately 3 months for Design Development Phase and 3 months for Construction Documents Phase for a total of 6 months to complete the documents and submit for permit. Permit approval is dependent on City of Port Orchard's own timeline. VI. Compensation For the Scope of Services outlined above for Rice Fergus Miller and its consultants, compensation shall be a Fixed Fee of Six Hundred Thirty Thousand One Hundred Forty -Seven Dollars ($630,147) plus reimbursable expenses and any applicable taxes. See attached consultant proposals for breakdown of this fee. Consultant fees are calculated with RFM standard 12% markup. VII. Terms of Agreement Please provide an amendment to our South Kitsap Community Events Center contract upon accepting this proposal. Vill. Summary Thank you for the opportunity to propose on your project. We look forward to discussing our proposal further and working with you. Please contact me if you have any questions. Sincerely, Fergus M'll , I c. Q^� Dean Kelly, rinci I Architect Attachments: Consultant Proposals: • KPFF Civil & Structural Engineer • KPG Landscape Architect • Sider Byers Electrical Engineer • RLB Cost Estimate • CRC Cultural/Archeological DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C 1601 Fifth Avenue, Suite 1600 Seattle, WA 98101 206.622.5822 kpff.com January 4, 2024 Lorie Limson Cook Rice Fergus Miller 275 Fifth Street, Suite 100 Bremerton, WA, 98337 Subject: Port Orchard Community Event Center Proposal for Civil Engineering Sevices for Orchard Plaza Scope of Work Dear Lorie: This proposal is for the additional services request (ASRs) related to the scope progression associated with the Port Orchard Community Event Center, which includes preparation of the following: • Design Development (60% design level) • Permits Documents (90% design level) • Construction Documents (100% design level) SCOPE OF WORK This scope and fee are for the continued civil engineering of the project design from Design Development through Construction Documents efforts. 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. BASE SERVICES The base scope of work will include preparation of the civil engineering documents for the project specific designs, including site demolition, erosion control, grading, storm drainage, water service for pedestrian plaza and trail, and vehicular paving and the proposed parking lot for the following design phases. DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C Lorie Limson Cook January 4, 2024 Page 2 DESIGN DEVELOPMENT The following civil efforts will be provided during design development phase (60% design level): • Coordination with the project team. We anticipate attending up to 11 meetings, including eight design team meetings, two meetings with the City, and one meeting with Stakeholders to coordinate design efforts • Prepare Design Development documents and drawings: o Site Demolition Plan o Temporary Erosion and Sediment Control (TESC) Plan o Grading and Storm Drainage Plan o Utility Service Plan o Parking Lot Horizontal Control and Paving Plan o Outline of civil technical specifications • 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 PERMIT DOCUMENTS 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 City, and one meeting with Stakeholders to coordinate design efforts • Prepare Permit level documents and drawings: o Plans noted under Design Development phase o Drainage Technical Information Report (TIR) addressing stormwater management for the project per Department of Ecology (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 DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C Lorie Limson Cook January 4, 2024 Page 3 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 meetings with the City, 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 50% 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 PERMITS ANTICIPATED The project is anticipated to obtain permits from the City of Port Orchard. Architect (RFM) 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. • Architect will be the primary coordinator for the Building and Land Use, if needed, permits associated with the 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 Architect or Landscape, 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 Certificate (CRC) 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 DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C Lorie Limson Cook January 4, 2024 Page 4 ■ 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), minor or major, depending on earthwork quantities generated by the project ■ 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 • KPFF's Permitting team will be the primary coordinator for the SEPA checklist, if needed, and application associated with the project, and 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 ADDITIONAL SERVICES The following scope of work is provided for estimating and planning purposes, and is not included in our base fee for this phase of the project work. AND NEGOTIATION We will provide bid suppo designs�and zeanticipate the following efforts: • Document and respond to bidder questhe civil design scope of work We anticipate this scope of work will be issued as one pha ackaged for estimating efforts DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C Lorie Limson Cook January 4, 2024 Page 5 KB: CONSTRUCTION SUPPORT SERVICES We have umed the project's construction will last approximately 18 months and anticipate app imately 184 hours for the civil design support noted below: • Review and resp to contractor requests for information (RFIs) and submittals of materials and system lated to civil engineering design elements during construction • Review material testing and I ection reports, prepared by the Owner's testing agency, related to civil engineering desig ements • Review proposal requests, Architect supp ental instructions, construction change orders, and directives. Prepare and issue revision ske es as needed in support of the proposal requests related to civil design elements for valu work versus construction cost • Attend up to eight construction site meetings virtually a ttend up to four site visits in person for site walks or to prepare and back -check a punch ' for the civil related completed work • Review General Contractor's Record Drawings for conformance to the k observed and the approved change TASKC: SWPPP INCLUDE If required and with support of the Contractor and/or owner, we will prepare the project's Stormwater Pollution Protection Plan (SWPPP) and coordinate the submittal to the DOE to obtain the project's National Pollutant Discharge Elimination System (NPDES) permit. The general contractor and their subcontractors will be responsible for application to DOE and will be responsible for updating the SWPPP plan, as required to meet the permit conditions. TASKD: FUEL TANK LID ADJUSTMENTS DESIGN INCLUDE If required, we can 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 this service be required. INFORMATION REQUIREMENTS • 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 DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C Lorie Limson Cook January 4, 2024 Page 6 • 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 utilities in the adjacent right-of-way have sufficient capacity to support the project, and main extensions or upsizing are not anticipated • 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 are not anticipated • Variances and street vacations are not anticipated with this project • All work associated with this project will be considered upland work. In -water work and a Shoreline Development Phasing Plan are not anticipated at this time • 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 negotiated 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 effort can be scoped at a later date • 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 DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C Lorie Limson Cook January 4, 2024 Page 7 • 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 • Remote fueling detailing and final design will be designed by specialized consultant that will be brought onto the project once scope is determined SCHEDULE AND SEQUENCE • We have assumed that the design work of this proposal will be substantially completed within 2024 and have assumed the following approximate durations by phase. We have not included allowances for schedule modifications or delays. o Design Development 3 months o Permit Documents 3 months o Construction Documents 2 months • We assume the related projects in this vicinity will be completed in the following sequence: o Lift Station o Bay Street ROW and utility improvements o Kitsap Bank Headquarters o CEC building and shoreline improvements o Orchard Plaza improvements (may be concurrent with CEC project work) DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C Lorie Limson Cook January 4, 2024 Page 8 FEE We propose to provide the above services for the following lump -sum (LS) or hourly not to exceed (HR) fees in accordance with the contract, which are made part of this proposal. BASIC SERVICES Civil Tasks Design Development Permit Documents Construction Documents Total Basic Services ADDITIONAL SERVICES* Lump Sum Design Fees LS $ 38,900 LS $ 46,800 LS $ 33,900 119,600 Tasks Hourly/Lump Sum Design Fees A, Bud StIPPOO Es q8,288 SCOPE UP TO CD PHASE ONLY C: SWPPP LS $ 5,400 INCLUDE D: Fuel Tank Adjustment HR $ 14,500 INCLUDE *Estimated for budgeting purposes. TOTAL CONTRACT FEE $139,500 Reimbursable expenses may include deliveries and reprographics of plan sets up to permit approval, and will be billed at our cost. We recommend an allowance of $500. We appreciate the opportunity to contribute to 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, LD4�,, L,-.Jrieife cipal Enclosures 2000522 DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C 1601 Fifth Avenue, Suite 1600 Seattle, WA 98101 206.622.5822 kpff.com January 5, 2024 Lorie Limson Cook Rice Fergus Miller 275 Fifth Street, Suite 100 Bremerton, WA, 98337 Subject: Port Orchard Community Event Center — Orchard Plaza Structural Engineering Proposal Dear Lorie: Thank you for inviting us to propose on the Orchard Plaza project. We value our relationship with you, and Port Orchard, and are looking forward to improving the downtown waterfront experience. PROJECT DESCRIPTION This proposal is based on the civil schematic design plan provided by KPFF, dated December 14, 2023, and the 30% schematic design plan by KPG Psomas, dated December 15, 2023. KPFF will provide structural engineering services for the following items: • Bioretention curbs and retaining walls associated with landscaping and grade changes on site. • Support or anchorage of seating on concrete walls and slabs. • Design of (3) boardwalks over retention areas. • Design of concrete stair on grade. • Design of catenary light pole foundations and verification of anchorage dimensions provided by manufacturer. • Design of light pole foundations (assuming two unique details). • Design of swing gate foundations and anchorage. • Design of permanent raised stage, including overhead structures for lighting support. The stage is assumed to be open air without a roof or covering. • Design of one (1) steel shade structure and foundations. • Bench swing support and foundations (swing is assumed by others) • Handrail support details (assuming two unique details). • Foundations for public art installation. KPFF will provide structural drawings and calculations for above scope suitable for permit and construction to the city of Port Orchard. SCOPE OF WORK Our basic scope of structural design services for the project consists of the following: DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C Lorie Limson Cook January 5, 2024 Page 2 • Design Development Phase: Produce preliminary framing plans and typical detail. Attend design team coordination meetings. • Construction Document Phase: Produce final framing plans and structural details. Coordinate with other disciplines on structural elements of design. Provide plan check corrections and consultation with Building Department. Attend design team coordination meetings. • Construction Support Services: Review shop drawings, respond to field questions and provide phone consultation to general contractor on items related to our structural scope. Make one site visit to observe construction progress. ASSUMPTIONS • Modification to the waterfront structures and lift station are excluded from this proposal. • Slabs, sidewalks, and ramps are assumed to be designed by others and not in the structural scope of work. • We assume one permit will be issued for the structural scope (no phasing), which will be issued after the completion of construction documents. • As-builts or record drawings are excluded from this proposal. • Architectural screen panels and supports are excluded from this proposal. • Bollards are assumed to be bidder design and are excluded from this proposal. • Foundation elements are assumed to be shallow foundations per forthcoming geotechnical recommendation for site elements. SCHEDULE The schedule for this project is under development. KPFF's proposal is based upon the following durations: Design Development 3 months Construction Documents/Permit 3 months Construction Support 6 months DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C Lorie Limson Cook January 5, 2024 Page 3 FEES We propose to provide the above services for the following lump -sum fees. Design Development Construction Documents/Permit Fee Total $ 12,300 27,800 8 56.600 $40,100 We appreciate the opportunity to work with you on this project. If you have any questions concerning this proposal, please feel free to call me at (206) 622-5822. Sincerely Jo L rman, PE, SE Associate JBL: DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C Orchard Plaza Enhancements Project — FINAL DESIGN Amendment 11 Urban Design, Landscape Architecture and Lighting Design KPG Psomas Scope of Work 1.5.24 Description This scope is to provide urban design, landscape architecture and lighting design support to RFM and the project team for the Orchard Street Plaza Project final design, associated with the Port Orchard Community Events Center (POCEC), Shoreline Improvements, Marina Pump Station Improvements, and related projects. KPG Psomas's effort shall include project coordination, Design Development (-60%), Permit Documents (-90%), Construction Documents (100% design). The extent of the improvements for this effort are reflected in the graphic below. 4ATInN..�' _.� FUTURE POCEC 1.7 AVE HARD '• PLAZA .f PORT ORCHARD FUTURE YACHT SALES - / i% -- \ KITSAP BANK FUTURE DEVELOPMENT / FuruRE \ s. DEVELOPMENT PUBLIC PARVING EXISTING ' BUILDING IIIIIIINi Outline of overall design area of Orchard Plaza Enhancements Project Outline of Area covered in CEO, Shoreline Design, and Lift Station contracts General areas that the current design may need to be refined to tie into the Orchard Plaza Enhancements Kitsap Bank plaza space to be coordinated with the Orchard Plaza Enhancements Project DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C Project Description The final design for the Orchard Street Plaza Project consists of unifying and coordinating the Orchard Plaza Enhancements Project with multiple design projects including: • Community Event Center/Library site (POCEC) • Community Event Center Shoreline Improvements • POCK sidewalk frontage along Bay Street/SR 166) • Future Kitsap Bank along Orchard Avenue • Waterfront Trail from Port St ROW to Frederick St ROW • Waterfront Trail property back of walk restoration and property owner coordination The Orchard Plaza Enhancements Project will provide design plans and specifications including the following: • The Orchard Street ROW • The area surrounding the Marina Pump Station Improvements as well as Marina Pump Station Improvements that need to be revised for the Plaza design. • The waterfront trail from the CEC site to the west side of the Frederick Avenue ROW • The public parking lot to the west of Frederick Avenue ROW ASSUMPTIONS • 8-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 S. Orchard Plaza improvements (may be concurrent with CEC project work) • As-builts for the previous listed projects may be needed to complete final construction documents for bidding the Plaza improvements. • RFM will manage the project, client communication and coordination, scheduling, permitting, submittal compilation, and submittal to the appropriate reviewing agencies. • The KPG 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. KPG 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 DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C 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. Orchard Avenue Plaza • Site design will be based upon future programming and activation to be identified with the City. • Site work, grading, storm drainage & infiltration design will be provided by KPFF. KPFF will coordinate site work, grading and storm drainage design with KPG Psomas as it affects any landscape or hardscape elements. • Green Stormwater (bioretention) facilities will be designed by KPFF based on design collaboration with KPG Psomas. Bioretention planting and urban design provided by KPG Psomas. • KPG Psomas shall provide design and coordination for the following: 1. Coordination with KPFF for final grades throughout project area, including parking area and Waterfront trail. 2. Design for new pavement area for the plaza (Grades will be coordinated between KPG Psomas and KPFF), including parking area and Waterfront trail. 3. Landscape Design 4. Irrigation for all planted areas 5. Urban design plaza elements, from "off the shelf" to custom 6. Coordination for future Public Art Integration 7. Coordination and design as required for site, specialty, and decorative illumination. 8. Electrical coordination for outlets, electrical bollards, etc. 9. Public parking lot design — confirmation and refinement as needed. • RFM/KPFF will provide structural design for all site elements as needed, including for foundations, walls, structures. • KPFF will provide site demo and erosion control plans. • Electrical design will be provided by Sider Byers. • Project deliverables for progress and final submittals to RFM will be in KPG Psomas AutoCAD 2022, standards including City of Port Orchard project title blocks, half-size 50% scale, 11x17, and full-size, 2204, electronic copies. • Project specifications will be a combination of CSI and WSDOT / APWA standard specifications, current edition. • RLB will provide project cost estimates SCOPE EXCLUSIONS The following are excluded from this Scope of Work. At written City request, KPG Psomas may provide the following services as an amendment to the contract. DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C • Project and Permit submittal compilation and/or submittal to the City or other agency. • Survey and utilities locate services. • Fueling tank facility/utility design. • Transformer design. • Construction sequencing/staging plans. • 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 and Construction Support. • Traffic study KPG PSOMAS SCOPE OF WORK TASK 1 - PROJECT COORDINATION, MEETINGS AND ADMINISTRATION FOR FINAL DESIGN Task 1 Objective: Coordination with design team (City, RFM, KPFF, Sider & Byers, and other project team consultants), KPG Psomas project team design and coordination meetings and development of invoices. Assuming an average of weekly meeting over the course of the project. Task 1 Work Elements: 1.1 Project coordination (8 months), including invoicing and project administration. 1.2 Design coordination meetings, assuming an average of (1) virtual meeting per week over the course of the 8-month period. 1.3 Council presentations and Stakeholder coordination meetings (Kitsap bank/GGLO and the Marina), up to 4 meetings total. 1.4 Property owner coordination time as needed to tie Plaza improvements and grades to the existing properties between the proposed Waterfront Trail and the shoreline. 1.5 (1) site visit to review existing site conditions and/or current construction condition of the Marina Pump Station. Task 1 Deliverables: • Meeting agendas and minutes, including summary of decisions made/needed resulting from design coordination meeting. • Monthly progress reports including invoices, emailed. Task 1 Assumptions: • RFM will provide timely and immediate notification of any work items or project developments constituting a change to the written scope of work and fee budget estimate and schedule. • All regular project meetings, workshops, and site visits will be conducted by the Prime Consultant Project Manager or discipline specific Project Manager. DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C TASK 2 - Design Development (-60% Design) Task 2 Objective: KPG Psomas will provide Design Development plans, details, outline specifications, cutsheets, and coordination with RLB (for cost estimating), to RFM for City review of the urban design, lighting and landscape elements associated with Orchard Plaza. Site elements to be specified and detailed, identified at Schematic Design, include the following, additional or different elements may be determined during final design: • Custom shade and platform structures* • Bioretention planters* • Native landscaped planters • Seat walls* • Plaza decorative pavement, decorative concrete and pavers* • Waterfront Trail treatments • Wood deck platform design* • Plaza furniture • Specialty lighting, catenary lighting, decorative site lighting* • Holiday tree tie -down system* • Bollards, power bollards, and security gates* • Locating electrical for Plaza event use • Trail wayfinding • Wood boardwalk at bioretention areas* • Railings *KPFF will provide structural and engineering design for these elements. 60% plan set will include: • Urban Design/Site Elements Plan (1 sheet) • Urban Design/Site Elements Details (6 sheets) • Site Paving Plan (1 sheet) • Planting Plan (preliminary plant schedule) (1 sheet) • Planting Details (2 sheets) • Irrigation Plan (POC information) (1 sheet) • Irrigation Schedule and notes (preliminary) — (2 sheets) • Illumination Design Report (draft) • Site and Specialty Lighting Plan (1 sheet) • Site and Specialty Lighting Details (2 sheets) Task 2 Work Elements: 2.1 Response to reviews from Schematic Design (30% design) submittal for the SSDP permit and cost estimating. Design revisions and project coordination effort for reviewing the project teams submittal, providing feedback to project team sub consultants such as electrical and civil design DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C and revising site plan base to provide to project team to move into Design Development (60%) design. 2.2 Urban Design and Landscape Architecture. Prepare plans and details for the Orchard Plaza extents including site elements and design, landscaping plantings, irrigation, outline specifications and cost estimate support. 2.3 Site and Illumination Design. • Prepare an Illumination draft analysis report, providing initial illumination plan layout. • Coordination of access to power and lighting design with design improvements provided in the scope of the original CEC design contract. • Specifications outline • Cost estimation coordination with RLB 2.3 Presentation Graphics. Update illustrative plan (from 30% design) and develop a 3-D working model of the Plaza to be used as a design tool to vet final design details as well as capture viewports to be utilized as presentation graphics for Council and stakeholder updates, funding proposals, and general project coordination. Task 2 Deliverables: • 60% coordination and review deliverables include: outline CSI and WSDOT specifications, in - progress plan set. • Illumination Draft Report • Presentation graphics, pdf orjpg Task 2 Assumptions: • The City will provide formal review comments of a consolidated 60% in -progress plan set. • All comments received during the submittal review will be addressed on the next submittal. • RLB will develop the Landscape Architecture and Site Lighting costs. KPG Psomas will provide RLB with plans and specifications for RLB to compile associated costs. KPG Psomas will provide support if RLB needs more specific guidance on design intent and materials. • RFM shall provide formatted specification document example. TASK 3 — Permit Documents (-90% Design) Task 3 Objective: KPG Psomas shall provide submittal materials to RFM for permit applications and final design package. KPG Psomas shall develop the landscape architecture, urban design and lighting design for the Orchard Plaza which shall be provided to RFM to be added to the permit set. The Permit documents, including plans and specifications, will be provided for permitting submittal and final City review for comments. Site elements to be specified and detailed, identified at Schematic Design, include the following, additional or different elements may be determined during final design: • Custom shade and platform structures* • Bioretention planters* • Native landscaped planters DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C • Seat walls* • Plaza decorative pavement, decorative concrete and pavers* • Waterfront Trail treatments • Wood deck platform design* • Plaza furniture • Specialty lighting, catenary lighting, decorative site lighting* • Holiday tree tie -down system* • Bollards, power bollards, and security gates* • Locating electrical for Plaza event use • Trail wayfinding • Wood boardwalk at bioretention areas* • Railings *KPFF will provide structural and engineering design for these elements. 90% Plan set will include: • Urban Design/Site Elements Plan (1-2 sheets) • Urban Design/Site Elements Details (6-8 sheets) o Pump Station Improvements o Waterfront Trail and back of trail improvements o Plaza site elements o Biorientation planters o Plaza shade structures • Site Paving Plan (including Waterfront Trail) (1 sheet) • Site Paving Details (2 sheets) • Site Layout Plan (1-2 sheets) • Site Layout Stationing Points (1 sheet) • Planting Plan (1 sheet) • Planting Schedule, Details and Notes • Irrigation Plan • Irrigation Schedule, Details and Notes • Site and Specialty Lighting Plan • Site and Specialty Lighting Details • Illumination Design Report Task 3 Work Elements: 3.1 Urban Design and Landscape Architecture. Provide 90% plans and specifications for permitting. 3.2 Site Lighting. Complete illumination plans, wiring and details. Coordinate foundation design with structural engineer (KPFF). 3.3 Update presentation graphics as needed. Task 3 Deliverables: • 90% Permit plans, CSI and/or 2024 WSDOT specifications. • Final Construction Document package DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C • Cost Estimate items to RLB. • Illumination Final Analysis Report Task 3 Assumptions: • RFM shall compile deliverable documentation of the plans and specifications and provide the package to the City or reviewing agency. TASK 4 - Construction Documents (100% Design) Following permit submittal review KPG Psomas shall develop the landscape architecture urban design and lighting design to 100% design documents based on 90% City comments funding sources and phasing (if needed), assuming no major design changes. The 100% design set will be provided to RFM to be added to the set. Task 4 Work Elements: 4.1 100% final design plans and specifications, based on 90% review comments, for landscape architecture, urban design, irrigation, and illumination. Task 4 Deliverables: • 100% design drawings and CSI and/or 2024 WSDOT specifications in digital pdf format. • Cost Estimate items to RLB. • Illumination Final Analysis Report Task 4 Assumptions: • RFM shall compile deliverable documentation of the plans and specifications and provide the package to the City. • City will provide direction on how the package should be structured based on funding sources and payment. • Contract drawings shall be sized for printing and delivered to RFM in .pdf format. FUTURE OR ADDITIONAL SERVICES RFM or the City may require additional services of the Consultant team, including KPG Psomas. These services could include other work tasks not included in this scope of work or tasks listed above. The scope of these services will be determined at the sole discretion of the City and RFM. At the time these services are required, KPG Psomas shall provide a detailed scope of work and estimate of costs. KPG Psomas shall not proceed with the work until RFM has authorized the work and issued a notice to proceed. Final bid documentation compilation, bid support and negotiation: • Update 100% as needed to update and package the set into a bid ready construction document set. DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C • Revise plans to update 100% design documents to reflect construction phasing or a different funding boundary than what established for final design. • Provide bid support for our designs. • Document and respond to bidder questions. Construction Support Services: • Review and respond to contractor requests for information (RFIs), material mock-ups, and submittals of materials and systems related to urban design, lighting, landscape and irrigation design elements during construction. Project Construction Administration Public and Stakeholder engagement support Funding support Traffic design Doc.Sign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C K1PG EXHIBIT B PRIME CONSULTANT COST COMPUTATIONS Client: Project Name: KPG Psomas Inc. Project Number: Date: RFM / City of Port Orchard Orchard Plaza Final Design 20040-Community Events Ctr - Ammend ment 11 1/5/2024 Task No. Task Description Labor Hour Estimate Total Hours and Labor Cost Computions by Task — n a u a c c c O1 w " ur W a` s_ w_ o" O1 p R c c n — 2 u o t n — m u u c r n u c a D1 n — u rn ¢ `mE '_2 o f u q .7 c ¢ m $290.00 $226.00 $194.00 $166.00 $139.00 $220.00 $155.00 $166.00 $105.00 $116.00 $139.00 $177.00 $110.00 Hours Totals IIIIIIII Task 1 - Project Coordination, Meetings and Administration 1.1 Project Coordination and Invoicing 8 months 16 4 4 24 $ 3,804.00 1.2 Design Team Coordination - weekly 32 meetings) 4 8 8 40 32 92 $ 14,432.00 1.3 Cit and Stakeholder presentations 4 meetings) 8 8 6 22 $ 4,344.00 1.4 Pro a and adjacent roe owner coordination 2��O 8 8 18 $ 2,836.00 1.5 Site Visit 1 4 4 4 4 4 20 $ 3,748.00 Task Total 18 12 0 12 0 0 76 0 50 0 4 4 176 $ 29,164.00 Task 2 - Design Development (-60 % design) 2.1 Response to reviews from 30 % design 16 24 16 40 96 $ 12,784.00 2.2 ape Architecture / Urban Desi n 8 4 32 24 120 60 160 16 424 $ 60,860.00 2.3 Site and Illumination Design and Re ort 16 100 116 $ 17,516.00 2.4 Presentation graphics I I I I 1 8 1 1 40 I I 1 1 48 $ 5,968.00 Task Total 8 16 4 0 100 32 24 128 60 200 16 0 0 588 $ 84,344.00 Task 3 - Permit Documents (-90 % design) 3.1 Lands cape Architecture / Urban Desi n 16 4 24 32 20 80 40 210 8 434 $ 62,492.00 3.2 Site and Illumination Design and U dated Re ort 32 140 1721 $ 26,692.00 3.3 Presentation graphics (updates) 4 1 1 24 1 1 1 1 28 1 $ 3,448.00 Task Total 16 1 32 1 4 1 24 1 140 1 32 1 20 1 84 1 40 1 234 1 8 1 0 1 0 1 634 1 $ 92,632.00 Task 4 - Construction Documents (100 % design) 4.1 100% Design 4 4 32 8 12 40 20 40 2 162 $ 23,790.00 Task Total 4 4 0 0 32 8 12 40 20 40 2 0 0 162 $ 23,790.00 Total Labor Hours and Feel 46 1 64 1 8 1 24 1 284 1 72 1 56 1 328 1 120 1 524 1 26 1 4 1 4 1 1,560 1 $ 229,930.00 Reimbursable Direct Non -Salary Costs Milea a a[ current IRS rate $ 100.00 Re reduction Allowance $ Total Reimbursable Expense $ 100.00 Management Reserve $ Total Estimated Budget $ 230,030.00 50% DID 150% CD $14,582 EACH DD $98,926 CD $131,004 DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C January 16, 2024 Ms. Lorie Limson Cook Rice Fergus Miller 275 Fifth Street, Suite 100 Bremerton, WA 98337 Project: Orchard Plaza — DD thru CD Electrical Engineering Proposal Dear Lorie: KIZIb.—Y 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: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C Orchard Plaza DD thru CD Electrical Proposal January 16, 2024 Fees Phase Fee Fee Type Design_Development $ 24,000.00 Fixed_ - Construction Docs $ _40,000.00 Fixed_ � CD PHASE Electric Utility Application_ $ 18,000.00 Hourly _ Any other additional services (if required) will be billed at our current hourly rates, as follows. Principal/Director: $180.00 Senior Engineer: $160.00 Project Engineer: $150.00 CAD Technician: $100.00 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. 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 phase begins after July 2024 and/or construction starts after April 2025. 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. DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C Orchard Plaza DD thru CD Electrical Proposal January 16, 2024 Sincerely, Sider + Byers Associates, Inc. Dana Fontes, P.E, Principal Accepted this day of Rice Fergus Miller 2024 By Officer and Title DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C Rider Levett Bucknall KM: SEASVR/Fee Proposals 2024/SKCEC January 16, 2024 Lorie Limson Cook Associate Principal Rice Fergus Miller 275 51h Street, Suite 100 Bremerton, WA 98337 Dear Ms. Cook: Rider Levett Bucknall 101 Stewart Street Suite 301 Seattle, Washington 98101 T: +1 206 441 8872 SOUTH KITSAP COMMUNITY EVENTS CENTER — COST MANAGEMENT SERVICES Thank you for inviting us to submit a Fee Proposal for the provision of continued construction cost management services on this project. We understand the scope of these additional services are to include • DD Level Estimate for CEC Shoreline Restoration • DD Level Estimate for the CEC Plaza Site • CD Level Estimate for the CEC Plaza Site Scope of Our Services Our Fee for providing the construction cost management services will be as follows: Amount • DD Level Estimate for CEC Shoreline Restoration $3,800 • DD Level Estimate for the CEC Plaza Site $4,000 • CD Level Estimate for the CEC Plaza Site $5,000 Our fee provides for the provision of Construction Cost Management Services that are reflective of the documentation provided to us for the architectural and structural components of the work. Our fee does not include for reviewing VE/cost saving exercises or new pricing exercises or amendments to pricing exercise necessitated by additional changes in the assessment report. Should you require us to undertake additional work then, in lieu of agreeing a fee before we commence work, we will charge you on a time charge basis. Our hourly rates for calendar year 2020 are: /hour Director 285.00 Associate Principal 260.00 Associate 255.00 RLB.com DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C KM: SEASVR/Fee Proposals 2024/SKCEC Rider January 16, 2024 Levett MBucknall Page 2 SOUTH KITSAP COMMUNITY EVENTS CENTER — COST MANAGEMENT SERVICES Senior Cost Manager 240.00 Cost Manager 220.00 Cost Estimator 185.00 Technical Assistant 125.00 Although we do not envisage incurring any additional expenses, our fee also excludes out-of-pocket expenses (such as airfares, color photocopying, reproduction costs associated with other consultants' documents, costs associated with printing drawings if required to prepare estimates, long distance telephone calls, and freight charges), which are to be reimbursed at the actual cos to us plus a 10% administration charge. We have assumed that we will be providing electronic files to be distributed as needed. Our involvement is strictly limited to this exercise therefore we require closure of this account at the completion of it. We enclose our standard Conditions of Engagement and Payment of Accounts which will apply to this project. Should you have any questions or would like to discuss some aspect of this proposal, please feel free to contact me. Yours sincerely, Kevin Mitchell Executive Vice President Rider Levett Bucknall Ltd Enclosure Accepted: Position/Title: Date: DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C KM: SEASVR/Fee Proposals 2024/SKCEC Rider January 16, 2024 Levett MBucknall Page 3 SOUTH KITSAP COMMUNITY EVENTS CENTER — COST MANAGEMENT SERVICES CONDITIONS OF ENGAGEMENT AND PAYMENT OF ACCOUNTS Rider Levett Bucknall Ltd (Rider Levett Bucknall) services shall be performed in a manner consistent with that degree of skill and care ordinarily exercised by practicing professionals performing similar services in the same locality, and under the same or similar circumstances and conditions. Rider Levett Bucknall makes no other warranties, express or implied, with respect to the services rendered. 2. The scope of Rider Levett Bucknall services shall consist of and be limited to only those activities identified in our proposal unless specifically agreed to otherwise in writing, acknowledged, and executed by Rider Levett Bucknall and the Client for whom Rider Levett Bucknall is performing services for (Client). 3. Client understands that fees owed to Rider Levett Bucknall are payment for time expended by Rider Levett Bucknall on behalf of Client and must be paid. As a result, payment is not contingent upon any project outcome that may include but is not limited to: a cost estimate being under a project budget; whether a project commences; whether a project is completed; and/or, when Rider Levett Bucknall is providing advisory/litigation support services based on any outcome of a deposition, mediation, arbitration, litigation, or any other form of adjudication. 4. Accounts/invoices will be submitted at monthly intervals unless otherwise agreed to in writing. Payment shall be made within 30 days of the date of the invoice unless a specific payment term is agreed to in writing. 5. Rider Levett Bucknall services will be billed in accordance with our proposal (i.e., whether on a fixed fee, percentage of construction cost or hourly). Work that is performed on an hourly basis, and any additional work not included in our scope/proposal, will be billed at the stated hourly rates contained in our proposal. 6. Rider Levett Bucknall shall be reimbursed for all reimbursable expenses reasonably incurred in the performance of its services. Reimbursable expenses may include but are not limited to: travel and subsistence expenses for out-of-town travel (subject to Client's approval); long distance telephone (including cellular/mobile charges and facsimile transmissions); costs of postage, overnight express mail, and delivery services; and/or, printing or copying of drawings and other documents (including those received electronically). Unless otherwise agreed to in writing, reimbursable expenses will be marked up 10% above cost. 7. Overdue accounts may have interest added at the rate of 1.0% per month on the outstanding balance. In the alternative, Rider Levett Bucknall, in its sole judgment, reserves the right to cease its work to any degree in whole or in part in the event the Client has not provided timely payment. 8. Should the original dates for completion of Rider Levett Bucknall services be delayed by more than 20% for any cause beyond the control of Rider Levett Bucknall, then additional fees for services carried out after the original service period will be negotiated. DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C KM: SEASVR/Fee Proposals 2024/SKCEC Rider January 16, 2024 Levett MBucknall Page 4 SOUTH KITSAP COMMUNITY EVENTS CENTER — COST MANAGEMENT SERVICES 9. When Rider Levett Bucknall officers, principals, directors, employees, agents, and independent professional associates/consultants are providing testimony at any hearing or trial, all fees must be current before any testimony is provided by Rider Levett Bucknall unless prior written arrangements have been made. A retainer may be required prior to the commencement of any preparation for testimony. The amount of the retainer is determined by Rider Levett Bucknall and commensurate with the expected work effort. 10. Instructions received by Rider Levett Bucknall from the Client's agent or attorney shall be deemed to be the Client's instructions. The Client understands that their agent, attorney, or other consultants may request that Rider Levett Bucknall perform certain tasks in association with the scope of Rider Levett Bucknall services under this appointment/Agreement, that Rider Levett Bucknall will comply with these requests unless written direction is received regarding who is/are the specific persons who may direct Rider Levett Bucknall scope of work, and that Rider Levett Bucknall will bill Client for the work associated with instructions received by Rider Levett Bucknall from the Client's agent or attorney. 11. The Client or its agent will provide Rider Levett Bucknall with all documents, drawings, specifications and instructions necessary to enable Rider Levett Bucknall to carry out the professional duties Rider Levett Bucknall was/is engaged to perform. Rider Levett Bucknall shall not in any way be held responsible for any errors, omissions, or discrepancies in the documents provided or for delays resulting therefrom. 12. Rider Levett Bucknall shall not be held responsible for any error or discrepancy that may arise as a result of any difference between documents issued to a contractor or sub -contractor and the documents issued to Rider Levett Bucknall for the purpose of carrying out the professional duties Rider Levett Bucknall was/is engaged to perform. Any costs incurred in the preparation of amending documents necessary to correct any such differences shall be the responsibility of the Client. 13. Reports, Feasibility Studies, Estimates, Bills of Quantities or any other document(s) prepared by Rider Levett Bucknall shall not be used on any project not specifically covered by this assignment, appointment, or Agreement, and as permitted by law. Copyright in all Feasibility Studies, Estimates, Reports and Bills of Quantities prepared by Rider Levett Bucknall will remain the property of Rider Levett Bucknall. 14. Rider Levett Bucknall will maintain any work product, information gathered, or documents provided to us by Client unless otherwise directed in writing by Client. DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C KM: SEASVR/Fee Proposals 2024/SKCEC Rider January 16, 2024 Levett MBucknall Page 5 SOUTH KITSAP COMMUNITY EVENTS CENTER — COST MANAGEMENT SERVICES 15. Client may, by written instruction, make changes to the scope of Rider Levett Bucknall services. To be effective, written direction must be provided in the form of a change order and signed by both parties. In the event that Rider Levett Bucknall performs work at Client direction prior to the execution of any change order, Client hereby agrees to compensate Rider Levett Bucknall for such effort on an hourly basis in accordance with the stated hourly rates contained in our proposal. 16. To the fullest extent permitted by law, Rider Levett Bucknall agrees to indemnify and hold the Client harmless from and against any liabilities, claims, damages and costs arising out of or resulting from Rider Levett Bucknall services, but only to the extent caused by the negligent acts of Rider Levett Bucknall in the performance of services under this appointment/Agreement. 17. Client and Rider Levett Bucknall hereby acknowledge and expressly agree to waive any and all claims against each other for consequential damages arising out of or relating to this appointment, Rider Levett Bucknall services under this Agreement, and/or due to either party's termination of this Agreement. This waiver includes but is not limited to claims and/or damages for: rental expenses; losses of use; loss of income; loss of profit or anticipated profit; loss of business opportunities; financing costs; business and reputation; loss of productivity; escalation costs; general or extended general conditions costs; and/or, diminution in property value. 18. The Client and Rider Levett Bucknall waive all rights against each other, including the officers, principals, directors, employees, agents, and independent professional associates/consultants of the other, for damages to the extent that the damages sustained by either party are covered by insurance. 19. To the fullest extent permitted by law, Client acknowledges and expressly agrees that the total maximum liability in the aggregate of Rider Levett Bucknall and that of Rider Levett Bucknall officers, principals, directors, employees, agents, and independent professional associates/consultants, and any of them, to Client and any one claiming by, through or under Client, for any and all injuries, claims, losses, expenses, or damages whatsoever arising out of or in any way related to Rider Levett Bucknall services, the project, or this appointment/Agreement, from any cause or causes whatsoever, including but not limited to, the negligence, errors, omissions, strict liability, breach of contract, misrepresentation, or breach of warranty of Rider Levett Bucknall or Rider Levett Bucknall officers, principals, directors, employees, agents, and independent professional associates/consultants, or any of them, shall be limited and shall not exceed the total compensation received by Rider Levett Bucknall under this appointment/Agreement. 20. Either party may terminate this agreement at any time provided 30 days advance written notice is given. In the event of termination by either party all outstanding fees and costs shall be paid in accordance with the proposal fee schedule and these conditions of engagement. Additionally, in the event of termination by either party, and payment of all outstanding fees and costs through the date of termination has been made, Rider Levett Bucknall shall provide copies of its work product associated with the matter that Rider Levett Bucknall is providing services for. DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C KM: SEASVR/Fee Proposals 2024/SKCEC Rider January 16, 2024 Levett MBucknall Page 6 SOUTH KITSAP COMMUNITY EVENTS CENTER — COST MANAGEMENT SERVICES 21. In the event of any dispute between Client and Rider Levett Bucknall regarding this Agreement, the services rendered by Rider Levett Bucknall, or the fees and/or expenses billed for services rendered, Client agrees that such dispute shall be resolved in the following manner unless otherwise agreed to in writing between Rider Levett Bucknall and Client: (1) by attempting to resolve any dispute amicably at a meeting to be attended by persons with decision -making authority; then (2) if, within thirty (30) calendar days after such meeting the parties have not resolved the dispute, they shall submit the dispute to mediation by written demand under the Construction Industry Mediation Procedures and cognizance of the American Arbitration Association and bear equally the costs of the mediation; and then, (3) if within thirty (30) calendar days after mediation is initiated the mediation has not resulted in a settlement of the dispute, then the dispute shall be settled by arbitration under the Construction Arbitration Rules (in place at the time of filing the demand for Arbitration) and cognizance of the American Arbitration Association, and not by litigation. Either party may submit the unresolved dispute to arbitration thirty (30) calendar days after mediation, which arbitration shall be conducted by a sole arbitrator. The arbitrator shall be selected in accordance with American Arbitration Association rules and must have experience in construction disputes and must not have any conflict of interest. Any such ruling or decision of the arbitrator shall be binding on Client and Rider Levett Bucknall and may be entered as a judgment in any judicial forum. The locale for any mediation and/or arbitration under this provision shall be in the city where the Rider Levett Bucknall office that provided the services for this appointment/Agreement is located, and the laws of the State of Oregon shall apply to any arbitration and/or enforcement of any settlement/ruling/decision. The prevailing party in arbitration shall be entitled to recover its reasonable attorneys' fees, costs, and disbursements. 22. CLIENT AND RIDER LEVETT BUCKNALL, AFTER CONSULTING WITH COUNSEL, HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO TRIAL BY JURY AND ACKNOWLEDGE THAT THEY UNDERSTAND AND ACCEPT THE DISPUTE RESOLUTION PROCEDURE SET FORTH HEREIN. 23. In the event that there are conflicts in the provisions of any Client generated contracts and these Rider Levett Bucknall Conditions of Engagement and Payment of Accounts, these Rider Levett Bucknall Conditions of Engagement and Payment of Accounts shall take precedence unless specifically agreed to otherwise in writing which is acknowledged and executed by Client and Rider Levett Bucknall. DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C CRC Scope of Work 1 of 4 Client Information Company / Contact Name Rice Fergus Miller Mailing Address 275 Fifth Street, Suite 100 Project Information Cultural Resource Consultants Lorie Limson Cook City, State, Zip Bremerton, WA 98337 Project Scope and Fee Agreement Phone 0: 360-377-8773 x130; M: 253-988-3702 Email Llimsoncook@rfmarch.com Project Title Regulatory Nexus CRC Project Number Port Orchard Waterfront Plaza and EO 21-02 (RCO) 2306N Enhancement Project Location Project City 619 Bay Street Port Orchard Section Township Range County Total Project Area 26 24 N 01 E Kitsap 2.3 acres Project Description The project proposes to remove old seawall, armoring and debris, regrade the shoreline to a gently sloping beach, and construct a light transmitting overwater structure supported by approximately 10 concrete pilings. The project also proposes to replace an aging waterfront sidewalk, commercial structure, and parking lot with a new pedestrian pathway, viewpoint, water/tide flat access, landscaping, and gathering space. The project will receive funding from the Washington State Recreation and Conservation Office (Project #22-1648). CRC will prepare a cultural resources assessment incorporating information from its 2021 cultural resources overview report. Project Schedule Anticipated Completion Date: January -April 2024 CRC anticipates completion of this project by the end of April 2024. P.O. Box 4159 Cultural Resource Consultants Seattle, WA 98194 206 855-9020 - www.crcwa.com DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C CRC Scope of Work 2 of 4 Project Assumptions * This scope and budget is based upon information provided on 6 November 2023. Any changes may require a change in budget to accommodate updating project information not received prior to the start of this project * This scope and budget is based upon the project as shown on the provided site scope delineation figure. * This scope and budget is based upon the assumption that CRC's current levels of insurance liabilities are sufficient for this project (sample certificate of insurance attached). * This scope assumes that no more than one (1) archaeological site and one (1) historic site will be identified within the project area. If extensive archaeological deposits are encountered or if additional investigations are warranted within the project area it may be necessary to modify this agreement to accommodate additional investigations for purposes of site identification. * This scope assumes that all relevant project information, prior reports including geotechnical reports, historic/architectural reports, design plans, and project maps in addition to relevant project correspondence with DAHP or other agencies requesting this assessment and/or Tribal cultural resources staff will be provided with the signed Agreement so that CRC may begin this project immediately upon receipt of signed agreement * This scope does not include additional services for impact mitigation regarding archaeological or historic sites. * This scope assumes that no in person meetings with clients and/or stakeholders will be required. * This scope assumes that project proponents can provide immediate Right Of Entry to CRC so the project may be completed within the stated project schedule. * This scope assumes that the property is safe for CRC archaeologist to enter and free of contaminants, health hazards and other unsafe working conditions. * If human remains are found within the project area, all CRC field investigations will cease immediately, proper authorities will be notified and CRC will not resume field investigations until applicable state laws are addressed. P.O. Box 4159 Cultural Resource Consultants Seattle, WA 98194 206 855-9020 - www.crcwa.com DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C CRC Scope of Work 3 of 4 Project Deliverables CRC will provide the following project components as part of this cultural resources assessment Task 1 - Background Research CRC will conduct a search on Washington Department of Archaeology and Historic Preservation's (DAHP) WISAARD system to identify recorded historic built environment, historic register listed properties, archaeological sites, cemeteries, and previously completed cultural resources assessment in proximity to the project location. CRC will review pertinent environmental, archaeological, ethnographic, and historical information appropriate to the project location from a variety of available resources. The goal of background research is to provide contextual information regarding the natural environment and cultural use of the project location, identify recorded cultural resources, and determine the potential for as -yet unrecorded cultural resources to be encountered during proposed project actions. Task 2 - Tribal Contact CRC will contact the cultural resources staff of Tribes that may have an interest in or information regarding the project location. This communication is intended to inform the cultural resources assessment and does not constitute government -to- government consultation. Copies of this correspondence and received responses will be included as an attachment in the cultural resources assessment Task 3 - Field Identification CRC will conduct field investigations of the project location to identify archaeological and historical resources. Investigation will include pedestrian survey and photo documenation of existing conditions. Methods will be consistent with DAHP guidelines. Task 4 - Documentation of Findings CRC will document and record identified archaeological and historic sites within the project location on DAHP archaeological and/or historic site(s) forms. All identified resources will be photo -documented and recorded in the field. Archaeological materials or deposits will be documented and reburied, if appropriate, within the find location. Cultural resources will be evaluated for significance following local, state, and/or national significance as appropriate based on the project's regulatory nexus. Documentation will be consistent with DAHP standards and will be completed on DAHP's WISAARD system. Task 5 - Cultural Resources Assessment Report CRC will update the technical memo previously completed for a portion of the project The updated report will describe background research, field methods, results of investigations, and management recommendations. The report will provide supporting documentation of findings, including maps and photographs, and will conform to DAHP reporting standards and the appropriate requirements based on the regulatory nexus. Report and support materials will be provided electronically in PDF format An RCO inadvertent discovery protocol will be provided as an attachment in the assessment This task includes one round of consolidated comments from the client prior to the submission of the final report to RCO, who will submit the cultural resources assessment and any associated documentation to DAHP, via their WISAARD system. P.O. Box 4159 Cultural Resource Consultants Seattle, WA 98194 206 855-9020 - www.crcwa.com DocuSign Envelope ID: F30841C9-94AE-4B61-8133-D9FF4BF7AF5C CRC Scope of Work 4 of 4 * No cultural resources study can wholly eliminate uncertainty regarding the potential for prehistoric sites, historic properties or traditional cultural properties to be associated with a project The information we will present within our reports is based on our years of experience and professional opinions derived from the analysis and interpretation of the documents, records, literature, and information we are able to identify and use within our report, and during our field investigation and observations to be conducted in the process of preparing our technical report The conclusions and recommendations we present will apply to the project conditions existing at the time of our study and those reasonably foreseeable. Project Fee The fee for services described above is anticipated to be less than $ 4,630.00 * The time frame and fee for services quote is valid through January 2024. * Monthly invoices will be provided to the client electronically. * Payment for work completed is due upon receipt of invoice. This Agreement expires on 31 December 2024. Related records will be retained through 2027. Rice Fergus Miller Lorie Limson Cook 275 Fifth Street, Suite 100 Bremerton, WA 98337 Name/Title: Date: Cultural Resource Consultants Margaret Berger P.O. Box 4159 Seattle, WA 98194 Owner/Principal Investigator Date: P.O. Box 4159 Cultural Resource Consultants Seattle, WA 98194 206 855-9020 - www.crcwa.com