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HomeMy WebLinkAbout4507 Vendor Subject Department Status Code Amount Begin Date End Date Review Date Insurance Comments Contract Number 4507 ARAI JACKSON ELLISON Design Development - Econ Devel PRO File Class $173000.00 09/07/2005 11/30/2006 02/15/2008 GL AL E&O $2000000.00 $1000000.00 $2000000.00 MURAKAMI LLP Police Facility LEG 12-1 Insurance Total Insurance Review Date $5000000.00 02/01/2006 Vault 01/01/2008 .. - " Professional Services Agreement A. Project Owner: City of Bremerton, 345 Sixth Street, Bremerton, WA 98337, phone - (360) 473-5234, fax - (360) 473-5398. B. Architect: Arai Jackson Ellison Murakami LLP 2300 7th Ave., Seattle, WA 98121 C. Time for Performance: Per Article II - Schedule of Performance D. Compensation for Services: One Hundred Thirty Thousand Dollars ($130,000.00) as set forth in Attachment A E. Architects Authorized Basic Representative: Steve Arai, AlA F. City's Representative: Gary Sexton, Director of Economic Development The parties listed as authorized representatives have authority, make decisions and on behalf of the respective party. THIS AGREEMENT IS MADE SUBJECT TO THE TERMS AND CONDITIONS SET FORTH ON THE FOLLOWING PAGES HEREOF. THE ARCHITECT SPECIFICALLY AGREES THAT THE INDEMNIFICATION AND SAVE HARMLESS PROVISIONS OF SUCH AGREEMENT, TOGETHER WITH THE ARCHITECT'S WAIVER OR IMMUNITY UNDER WASHINGTON RCW TITLE 51, WERE SPECIFICALLY REVIEWED AND MUTUALLY NEGOTIATED, INCLUDING BUT NOT LIMITED TO PARAGRAPH 9. Arai Jackson Ellison Murakami LLP City of Bremerton BYf5?, Cary Bozeman BY:/~~ l - Steven Arai Title: Partner Title: Mayor Date: <} , S '0-6" Date: q - It, - 05 Arai Jackson Ellison Murakami, LLP Page 1 ofl5 9/1/05 ",a ._ I. Consultants: The Architect shall, in a timely manner, designate and appoint sub-consultants after conferring with the City. The Architect shall not appoint any sub-consultants to which the City has a reasonable objection. The Architect shall incorporate the provisions of this agreement, the scope of work, and the requirements of the proj ect into the contracts with sub-consultants. The Architect shall not change consultants on this project without the express written approval of the owner project representative, which approval shall not unreasonably be withheld. II. Schedule of Performance Schedule of performance, Basic Services, Police Building: Start date: Completed by: September 8, 2005 September 16, 2005 September 8,2005 October 17, 2005 October 12, 2005 November 25, 2005 November 21,2005 February 21, 2006 February 3, 2006 February 24, 2006 February 27, 2006 March 24, 2006 March 27, 2006 April 7, 2006 April 10, 2006 October 31, 2006 November 1,2006 November 30, 2006 Base Drawings Schematic Design Design Development Contract Documents Permit Bidding Contracts Construction Closeout III. Scope The Architect will perform architectural and engineering base services for Schematic Design, Design Development, Construction Documents, Bidding and site visits for the construction phase as set forth in Attachment A, "City of Bremerton Police Courts Building, Revised Architectural and Engineering Services Proposal dated September 1, 2005". The Police Building project includes the remodel of the Kitsap Community Federal Credit Union Building at Burwell Street and Chester Avenue. The building consists of23,254 square feet on three floors. A new addition to the 2,639 square foot annex building of approximately 1,260 square feet for exterior, large evidence and vehicle storage and a 600 square foot sallyport addition will also be required. The Architect shall review information provided by the City and shall coordinate an overall set of consistent drawings, specifications and other contract documents. The Architect may reasonably rely upon the accuracy and completeness of City furnished information, surveys and reports. In such cases, authorship of such documents will be clearly identified. Arai Jackson Ellison Murakami, LLP Page 2 of 15 9/1105 : : The Architect shall provide to the City four (4) copies of project documents upon completion of each of the Schematic Design, Design Development and Construction Document phases. Project documents shall be in a form and style suitable for presentation, review and reproduction. The City shall submit the Architect's documents for obtaining a building permit and other permits or approvals required for the project. Upon application for such permits, the Architect shall reply to all inquiries from governing agencies forwarded by the City, shall make any necessary or appropriate changes to the Contract Documents approved by the City and assist the City in expediting the issuance of all such permits or approvals. The Architect shall meet with City as reasonably requested to ensure that the developing design is meeting the City's requirements and shall conduct presentations of the Project to the City Councilor other groups as requested by the City, limited to one such presentation at the completion of each phase of servl ceo A detail ed Ii st of the documents to be prepared for each scope of work is attached hereto as Attachment B. Through the design process, the Architect shall assist City with analyzing the project scope, design alternatives, schedule and budget options to keep the project within the Maximum Allowable Construction Cost (MACC). If the construction cost estimate exceeds the MACC, the Architect shall analyze design alternatives and submit cost saving options for the City's consideration. City shall furnish required information, approvals and services as expeditiously as necessary for the orderly progress of the work. Architect shall promptly notify the City in writing in the event orderly progress of the work is disrupted by failure of the City to provide such information, approvals or services, and the project schedule shall be adjusted as mutually agreed. The City shall separately furnish the following services: . Land survey of the site, prepared by a registered land surveyor. . Legal, accounting, and insurance counseling services reasonably required. . Geotechnical engineering of the site, which includes test borings and soil bearing values, and which may include test pits, and air and water pollution tests. · Testing services during construction that are reasonably required. Arai Jackson Ellison Murakami, LLP Page 3 of 15 9! li05 ." .+ The City shall arrange and pay for the required advertisements for bid and other legal notices. A. Schematic Design Phase 1. Based upon the City's approved program created in consultation with the Architect, the Architect shall prepare the general and detailed requirements for the Project for the City's approval. The Schematic Design Phase shall consist of two parts: a) Conceptual Design Alternatives and b) Schematic Design Documents. Upon approval of the Conceptual Design by the City, the Architect shall prepare the Schematic Design Documents. 2. The Architect shall submit to the City a Construction Cost Estimate projected to the expected time of bid, itemized by major categories, to give reasonable assurance that construction costs will not exceed the MACC. The format of the estimate shall be based on format approved by the City. The Construction Cost estimate shall establish a preliminary schedule setting forth the expected period of time required for completion of construction. 3. The Architect shall provide a timely written response, in accordance with the schedule, to City review comments, and shall secure the City's written approval of the Schematic Documents. B. Design Development Phase 1. Upon written authorization to proceed from City, the Architect shall prepare, based upon the approved Schematic Design documents, Design Development documents required to fix, describe and illustrate the full size, character and scope of the Proj ect. 2. The Architect shall submit to the City an updated and itemized Construction Cost Estimate including an updated Project schedule, based on the completed Design Development documents, in the same format as the Estimate prepared for the Schematic Design Phase. The updated Construction Cost Estimate shall be in sufficient detail to give reasonable assurance that construction costs will not exceed the MACe. 3. The Architect shall review and respond to the City's review comments and shall secure City's written approval of the Design Development documents. Arai Jackson Ellison Murakami, LLP Page 4 of 15 9!li05 : e. Construction Documents Phase 1. Upon written authorization to proceed from the City, the Architect shall prepare, based upon the approved Design Development documents, Construction Documents consisting of Drawings, Specifications and other documents setting forth in detail the scope of the Project. Such documents shall describe materials, standards ofworkrnanship, finishes, equipment and the conditions affecting the work required to be performed in all divisions of the construction work. 2. In preparing the Construction Documents, the Architect shall, in consultation with the City, prepare the necessary bidding information, bidding forms, which shall include the City's General Conditions of the Contract, Supplemental Conditions, instructions to bidders and prevailing wage rates and ensure that the subsequent divisions of the Construction Documents are consistent therewith. 3. The Architect shall prepare a detailed Construction Cost Estimate, including an updated Project Schedule, based on the completed Construction Documents. The final detailed Construction Cost Estimate shall include an itemization of alternates proposed and the estimated construction cost to be added or deducted from each alternate selected. a. The Architect shall propose and prepare bid alternates to provide reasonable assurance that the City will be able to award a construction contract that does not exceed the MACC. 4. The Architect shall submit to the City four (4) sets of the completed construction drawings and specifications. 5. The Architect shall secure the City's written approval of the drawings and specifications, the final cost estimate, and the alternates. D. Bidding Phase 1. The Architect shall assist the City in issuing the Bid Documents to bidders and plan centers. The Architect shall attend and participate in the prebid conference and generally assist the City in managing the bid process. 2. In the event the lowest responsive bid submitted by a responsible bidder satisfactory to the City exceeds the MACC, then the Architect will, at it's sole cost and expense, revise the drawings and specifications as may be required by the City to reduce or modify the quality or quantity, or both, of the work so that the total construction cost of the Project will not exceed the MACe. Arai Jackson Ellison Murakami, LLP Page 5 of 15 9;1105 : E. Construction Phase 1. The Architect shall participate with the City in the preconstruction conference with the Contractor. 2. During the progress of construction, the Architect shall perform services including: . Visit the site a minimum of once weekly during construction. Architect shall be familiar with the progress and quality of the work completed and able to determine if the work is being performed in a manner that will be in general conformance with the contract documents when completed. . Consult with the City during the Construction Phase. Instructions to the Contractor shall be communicated by the Architect. The Architect shall have authority to act on behalf of the City only to the extent provided in the Contract Documents unless otherwise modified in writing by the City. . Interpretations of the requirements of the Contract Documents shall be made by the City with consultation and written recommendation from the Architect. . Provide to City copies of all written communications that the Architect provides to Contractor, at the same time such communication is provided to Contractor. . Verify general conformance with the contract documents, review, approve or otherwise take appropriate action upon Contractor's submittals, including field questions, shop drawings and submittals of materials, equipment, tests and inspections. The Architect shall take prompt action so as to cause no delay in the work. . Prepare necessary documents for changes in the work including revision drawings, cost estimates and reasons for change, and secure, analyze in detail and recommend disposition of proposals from Contractor. If requested, the Architect shall attend City meetings convened for purpose of reviewing proposed changes in the work. . Determine and certify the amount owing to Contractor, based on the Architect's observations and evaluation of Contractor's Application for Payment. The Architect's certification for payment shall constitute a representation that the work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quantity and quality of the work is in general conformance with the Contract Documents and that the Contractor is entitled to payment in the amount requested. . Review Contractor's progress schedules at least once per month for conformance with the Construction Documents, and promptly notify the City and Contractor of deviations and noncompliance. Arai Jackson Ellison Murakami, LLP Page 6 of 15 9!1!05 .. . Attend on-site Project progress meetings once per week. The Architect shall require its sub consultants attend progress meetings as needed and/or requested by the City. The Architect shall keep project meeting minutes, and transmit copies to the City and Contractor as soon as possible but in no event later than one day prior to the next weekly meeting. . The Architect shall select finish materials and colors and prepare color schedules for items included in the construction contract for the City's approval. 3. The Architect shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions, and programs in connection with the work, and shall not be responsible for Contractor's failure to carry out the work in accordance with the Contract Documents. 4. The Architect shall at all times endeavor to discover and guard City against defects and deficiencies in the work of Contractor, but it is understood that the Architect does not guarantee the performance of the Contractor. The Architect shall promptly advise the City of work which does not conform to the Contract Documents. 5. The Architect shall have authority to reject work which does not conform to the Contract Documents. The Architect shall recommend to the City that the Contractor be directed to stop work when such stoppage may, in the Architect's reasonable opinion, be necessary to ensure the proper execution of the work. F. Construction Completion Phase 1. The Architect shall conduct pre-final inspection and prepare check lists of corrective items, make final inspections by all disciplines, including at least one re-inspection, recommend the date or dates affinal completion and recommend acceptance of the Project to City. 2. The Architect shall obtain, review, approve and deliver to the City, written guarantees, manuals and instructions from Contractor as required by the Construction Documents upon completion of construction and prior to recommending acceptance of the Proj ect to the City. Arai Jackson Ellison Murakami, LLP Page 7 of 15 9!1!05 3. The Architect shall modify the original Construction Drawings to conform to the proj ect record drawings provided by Contractor which incorporates all changes in the work, including utilities, made during construction and addenda during bidding. The modified original Construction Drawings and related electronic media shall be completed and submitted to the City within two (2) months of the City's acceptance of the Project or as otherwise mutually agreed. 4. Upon the City's request during the warranty period set forth in the Construction Contract, the Architect shall assist City in identifying defects in the Project, determine corrective measures, provide inspection of the Project and assist the City in implementing corrective measures. G. Additional Services and Reimbursable Expenses 1. The City shall pay for the following Additional Services performed, furnished, or incurred by the Architect. However, the City has no obligation to pay Architect for Additional Services performed by Architect prior to receipt of the City's authorization for such service. The City reserves the right to employ other means to accomplish said services. a. Revising drawings or specifications previously approved by the City when such revisions are due to changes in project scope, program changes, changes required by the enactment or revisions to codes, laws, or regulations subsequent to the preparation of such documents, or changes directed by the City that are not normally made as a part of the Schematic or Design Development phases b. Providing consulting services for City-supplied equipment, new or used, to be incorporated into the Construction Contract. c. Providing consulting services in connection with selecting and/or procuring furniture, fixtures, and equipment (FF&E) outside of the Construction Contract d. Providing consultation or contract administration for the replacement of any work damaged by fire, accidental or natural causes during construction, provided that such damage was not caused by the fault or negligence of the Architect; providing professional services or arranging for the work to proceed should the contractor default in the performance of the construction contract or become delinquent or insolvent. Arai Jackson Ellison Murakami, LLP Page 8 of 15 9!1!05 e. Providing brochures, detailed architectural models, or additional graphic presentations beyond the two (2) graphic presentations agreed to. f. Providing services during the construction phase in connection with unforeseen conditions or changes requested by the City. g. Providing services during construction in connection with processing more than seventy-five (75) Contractor-generated Requests for Information (RFI' s), excluding any RFI's reasonably contributed to an error or omission of the Architect or its sub-consultants. h. In the event the construction period up to substantial completion exceeds the time stipulated in the construction contract including change order extensions by more than 10%, the Architect shall continue administration of the construction contract and be entitled to Additional Services compensation for the construction time extension occurring through no fault or neglect of the Architect. 1. Providing services after issuance to the City of the Contractor's final Certificate for Payment. 2. The City shall pay for the following reimbursable expenses incurred by the Architect and/or their sub-consultants. The City will pay the Architect an additional 7.5% of authorized reimbursable expenses as a handling fee. a. Providing additional copies of drawings, specifications, studies, reports, Contract Documents, correspondence, and/or papers received or issued by the Architect as requested by the City. b. Providing printing and distribution of documents to the City at the completion of each phase of service, including the construction documents for bidding. c. Out-of-pocket reprographic expenses when substantiated by third- party invoices. No reimbursement shall be made for postage, handling, telephone expenses, faxes, or copies of documents used by the Architect to perform normal services and not provided to the City. d. All round-trip ferry fares. 3. Fees for authorized Additional Services shall be mutually agreed to by the City and the Architect prior to performing such services. Arai Jackson Ellison Murakami, LLP Page 9 of 15 9' 1105 H Basis of Compensation 1. Maximum Allowable Construction Cost (MACC) Defined: The MACC for this project is $1,247,050 and is the total sum allocated by the City for construction of the project, not including Washington State Sales Tax, Architect compensation, or other items in the City's project budget such as contingencies, administrative costs, furniture or equipment purchased outside the construction contract. 2. It is understood that the Architect's fixed fee has been established, in part, by a percentage of the City's MACC as set forth in Schedule A of Attachment A. If at any time the City elects to increase the MACC by more than 10%, the Architects fee shall be adjusted proportionately to the adjustment in the MACC. I Standard Terms and Conditions 1. Time and Delay. Time is of the essence in this Agreement. The Architect agrees to punctually and diligently perform all parts of it' s Services as scheduled in Schedule B of Attachment A, which shall be subject to change by the City as may be deemed necessary to the overall progress of the Project. 2. Monthly Invoices: Final Payment. a. Payments shall be made no more often than once each calendar month within thirty (30) days after the City's receipt of a monthly invoice for fees and costs incurred during the preceding month; provided that: (i) all services covered by the invoice have been fully and timely performed; (ii) the Architect has furnished the City with copies of supporting documentation for all costs covered by the invoice; and (iii) the Architect is not in default under this Agreement. b. Each payment made by the City to the Architect shall be deemed made to the Architect in trust for the Architect's sub-contractors and consultants to the extent such parties have not been paid for the services, supplies, equipment or materials provided by such parties. c. Should there be any claim, obligation or lien asserted before or after final payment is made that arises from the negligent performance of the Architect's work, the Architect shall reimburse the City for any costs and expenses, including attorney fees, costs and expenses, incurred by the City in satisfying, discharging or defending against any such claim, obligation or lien, including any action brought or judgment recovered. City shall have the right to withhold from any payment, or otherwise be reimbursed for, an amount sufficient to protect the City from any such claims. Arai Jackson Ellison Murakami, LLP Page 10 ofl5 9il/05 3. Compliance with Laws: Governmental Agency Communications. The Architect shall comply with all Federal, State and Local laws, rules, regulations and ordinances applicable to the services and the Architect's performance thereof, which are in effect at the time the services are provided and the requirements for environmental documents prepared under the State Environmental Policy Act (SEPA). 4. Performance Standard. The Architect shall perform the services in a professional, efficient and economical manner consistent with the City's needs as set forth in the scope of work attached hereto, and consistent with the level of care, skill, practice and judgment exercised by other professionals performing services of a similar nature under similar circumstances. The Architect represents and warrants to the City that all persons who will be performing the services possess the requisite skill, training and experience and hold all required licenses and permits to render the services contemplated by this Agreement. 5. Safety. a. The Architect shall comply with all applicable Federal, State and/or Local safety related laws and regulations, and shall comply with any such laws and regulations, including but not limited to any OSHA, WISHA/Oregon Department of Labor Health and Safety Rules/Regulations. The Architect shall fully comply with the Hazard Communication Standard for the Construction Industry, and any Federal, State or Local Right to Know Legislation and shall transmit information to all parties concerning chemical hazards requirements. 6. Amendments/Changes. The City may, without invalidating this Agreement, from time to time request changes in the scope of the services. If such changes involve additional time and expense by the Architect, the Architect shall, within five (5) days of receiving notice of the requested change, submit its estimate to the City of the costs and additional time, if any, necessary to perform such changes. The Architect shall commence any such change order work only upon the written receipt by the Architect of the approval by the City to do so. 7. No Assignments or Delegation of Services. a. This Agreement may not be assigned by operation of law or otherwise, without the prior written consent of the City, which may be withheld at its sole discretion. b. The Architect shall assign the persons designated in Section E on the first page of this Agreement as its key personnel to perform the services on behalf of the Architect. Such key personnel shall be replaced only with the prior consent of the City, which may be Arai Jackson Ellison Murakami, LLP Page 11 ofl5 9;1/05 withheld in its sole discretion. None of the services may be delegated or sub-contracted to an independent contractor without the prior written consent of the City, which may be withheld at its sole discretion. The Architect shall remain fully responsible for the manner and quality of all services performed, including the performance of all consultants and sub-consultants retained by the Architect. 8. Indemnity. To the fullest extent permitted by law, and to the extent the Architect is negligent, the Architect shall indemnify, defend and hold harmless, the City, its officers, agents, employees and representatives from and against any and all claims, damages, losses and expenses, including, but not limited to, reasonable attorney fees, which arise out of or result from any negligent act or omission of the Architect, any consultants engaged by the Architect and for anyone directly or indirectly employed by them. If the claim results from the concurrent negligence of the City and the Architect, the Architect's indemnification obligation shall be limited to the extent of it's negligence; and (b) the Architect expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, RCW Title 51, to the extent necessary to provide the City with such full indemnity. The provisions of this Section shall survive termination of this Agreement for any reason. 9. Insurance. Prior to the commencement of the Services, the Architect shall, at its own expense, obtain the following insurance coverage, which coverage shall remain in force during the term of this Agreement: a. Commercial General Liability insurance, including blanket contractual liability coverage, with limits of at least: $1,000,000 General Aggregate (Other Than Products-Completed Operati ons) $1,000,000 Products- Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Per Occurrence Limit $ 100,000 Fire Damage Limit (Any One Fire) b. Professional Liability insurance, including errors and omissions, with limits ofliability equal to at least $1,000,000 each occurrence; c. Automobile Liability insurance with limits of liability of not less that $1,000,000 per occurrence combined single limit for bodily injury property damage; Arai Jackson Ellison Murakami, LLP Page 12 of15 9T05 d. Employer's Liability or Stop Gap Liability insurance with limits of not less than $1,000,000 each accident, $1,000,000 each employee-disease and $1,000,000 policy limit-disease; and e. Insurance in accordance with all applicable laws relating to workers' compensation with respect to all of the Architect's employees, owners and officers, regardless of whether such coverage or insurance is mandatory or merely elective under the law. f. Each policy of insurance shall be in a form satisfactory to the City with an insurer having an A.M. Best rating ofB+ VI or better, and provide thirty (30) days' advance notice to the City of non-renewal or material change. Such policies shall not have deductibles that exceed $25,000 per occurrence. Prior to the commencement of the services, the Architect shall provide the City with written evidence of the required coverage in the form of a certificate of insurance with additional insured endorsements naming the City ofBremerton as additional insured attached or, upon the City's request, a copy of the policy. The insurance certificate requirements for the coverage required for workers' compensation will be satisfied by a letter from the appropriate state agency confirming participation in accordance with statutory requirements. 10. Architect's Default. rftheArchitect fails to prosecute the services promptly or properly or breaches or fails to perform any obligation under this Agreement, the City may give the Architect seven (7) days' written notice of such matter. If such matter has not been corrected within such seven-day period, the City may, without prejudice to any other right or remedy it may have, terminate this Agreement and correct any defective services and charge the Architect for all costs, expenses, and impacts to the Project arising from such defects, and deduct the same from sums otherwise due the Architect. 11. Documents and Data. a. The Architect agrees that all documents, drawings, reports, electronic files, AutoCAD 2000 or compatible or similar electronic information, together with other information prepared or obtained by the Architect in connection with the services including work in progress (cumulatively "materials"), are the sole property of the City for use exclusively by the City or its designated agents and employees and shall be submitted to the City within three (3) working days after a written request from the City and, in any event, upon completion of the services under this Agreement, prior to and as a condition of the final payment to the Architect. City shall indemnify Architect from any claims or damages arising from the City's subsequent use ofthe electronic version of said materials. Arai Jackson Ellison Murakami, LLP Page 13 ofl5 9! 1105 12. Confidentiality. The Architect agrees that all documents, drawings, reports and other data and information prepared or obtained by the Architect in connection with the services are confidential and shall not be disclosed or made available to any individual or entity other than the City, its designated agents or employees and any person who must know the information in order for the Architect to complete the services except to the extent required to be disclosed pursuant to the Public Records Act, chapter 42.17 RCW. 13. Royalties. Patents. Copyrights and Trade Secrets. a. The Architect shall not infringe on United States patent, copyright, trade secret or other proprietary right for any material, product, or part of any material or product (including, for example, software, hardware, service, design or equipmentO used or furnished in connection with this Agreement, and shall defend and indemnify the City from any suits or claims for infringement of any such rights and shall hold the City harmless from any loss on account thereof. 14. Notices. All notices provided for herein may be transmitted by facsimile, delivered or mailed. If mailed, such notice shall be considered delivered three (3) days after being deposited in such mail. The addresses to be used in connection with such correspondence and notices are as set forth on the first page of this Agreement, or such other address as a party shall from time to time direct. Notices or correspondence to the City shall be sent to such address marked for the attention of the City's Representative designated in Section F on the first page of this Agreement, or such other representative as the City may hereafter designate from time to time. 15. Suspension of Services: Termination. The City may, upon written notice, direct the Architect to suspend all or a portion of the Services. In the event of such suspension, the Architect shall be entitled to payment of: (a) all fees properly earned up to the effective date of suspension; and (b) all reimbursable expenses actually and properly incurred up to such date, but excluding any and all unearned overhead and profit. If the services are suspended for a continuous period of more than sixty (60) days, and such suspension is not due to the fault of the Architect, then the Architect shall also be entitled to payment of unavoidable out-of-pocket expenses, excluding any and all unearned overhead and profit, actually suffered as a result of such suspension. The City also reserves the right to terminate this Agreement for the convenience of the City at any time upon three (3) days written notice to the Architect. If the City so terminates this Agreement, the Architect shall be entitled to payment of: (a) all fees properly earned up to the effective date of termination, and (b) all direct reimbursable expenses actually and properly incurred up to such date, but excluding any and all overhead and profit accruing after the date of terminati on. Arai Jackson Ellison Murakami, LLP Page 140fl5 9/1105 16. Relationship of Parties. The Architect is an independent contractor and not an agent or employee of the City. Nothing contained in this Agreement shall be deemed to create a relationship of employer- employee, master-servant, partnership, joint venture or any other relationship between the City and the Architect other than that of independent contractor. Neither party shall have any authority to supervise the employees, representatives or sub-contractors of the other party, nor to make any statements, representations or commitments of any kind or take any actions which will be binding upon the other party except as specifically provided in this agreement. 17. Entire Agreement. This Agreement constitutes the final and complete agreement between the parties hereto with respect to the subject matter of this Agreement, superceding all prior agreements or discussions with respect thereto. No additions, deletions or modifications hereof shall become part of this Agreement unless each party hereto specifically recognizes and consents to their inclusion by a signed instrument. 18. Disputes a. This Agreement shall be governed by the laws of the State of Washington. b. The Architect consents to consolidation and/or joinder, in a single proceeding, of all claims and disputes by or between the City, sub- contractors, the Architect, the City's other consultants, or any other person or entity involved with the Project, with a claim or dispute relating in any manner to the Architect's services provided by it under this Agreement. c. In any dispute involving the City and the Architect or otherwise arising under or relating to this Agreement, each party shall be responsible for their own attorney's fees and costs, together with any and all expert fees. Arai Jackson Ellison Murakami, LLP Page 15 of 15 9/1105 Attachment A Letter from Steve Arai, Arai Jackson Ellison Murakami, LLP to Gary Sexton, City of Bremerton Director of Economic Development titled: "City of Bremerton Police Building Revised Architectural and Engineering Services Proposal" dated September 1, 2005 Arai Jackson Ellison Murakami, LLP - Attachment A Page 1 of 5 9/1/05 - arai i~. ellill. nlllraklnliLLP "l'r.~Ti!C"''''''!e IU!'!!!J''!\! Ill!:Sl!:I!!lLIIlTi!"lilI'!2' September 1 , 2005 Mr. Gary Sexton, Director of Economic Development City of Bremerton 239 Fourth Street Bremerton, WA 98337-1806 Re: City of Bremerton Police Building - Revised Architectural and Engineering Services Proposal Dear Mr. Sexton: Arai Jackson Ellison Murakami is pleased to furnish this revised proposal to provide the necessary architectural and engineering services to accomplish the design, documentation and construction phase services for the City of Bremerton Police Building in the renovated and expanded former Kitsap Federal Credit Union Building. This proposal reflects the requested modification of the original agreement to separate the Courts from the Police, and provide architectural and engineering services for a police only facility at the Kitsap Federal Credit Union site. The architectural and engineering services for the Court facility will be determined when a site for the Court is decided. Fee Proposal Arai Jackson Ellison Murakami proposes to accomplish the architectural and engineering services generally described in the attached Professional Services Agreement, dated September 1, 2005. Based on a Maximum Allowable Construction Cost (MAC C) of $1,247,050, we hereby propose the basic service fee of One Hundred Thirty Thousand Dollars ($130,000). This sum does not include AlE Extra Services or Reimbursable Expenses. For purposes of establishing a percentage for determining future extra services fees, the fee percentage is 10.42%. AlE Extra Services are itemized below. Please refer to the attached Fee Proposal Summary for additional detail. AlE Extra Services Arai Jackson Ellison Murakami proposes the addition of the following AlE Extra Services to the fee: 1. Landscape Architecture: generally consists of planting layout and irrigation system design and documentation to meet code required landscaping buffer around parking lots. 2. Cost Estimating: generally consists of providing detailed estimates of Construction Cost, preparing the statement of probable construction cost at Schematic Design, Design Development, and Contract Document Phases of the work. 3. Base Drawing Documentation: generally consists of gathering background information, field verifying the accuracy of drawings furnished by the Owner, investigating existing conditions of facilities to make measured drawings, and conversion of existing drawings to CAD-based drawings. No as-buitt verification will be provided. 4. Interior Design: generally consists of identification of furniture requirements, working with a City approved vendor to select furniture, fixtures, and equipment not included in the MACC, and development and presentation of a finishes and color board. 2300 seventh avenue seattle wa 98121 v 2063238800 f 2063238518 www.araijackson.com PARTNERS: steven arai . cliff jackson . bruce ellison . richard murakami PRINCIPALS: frank silkwood. mark spitzer. ben dayot ASSOCIATES: connie cadag . gary oppenheimer. ben pongprot . greg ransom DIRECTOR: darryl dawson Mr. Gary Sexton, Director of Economic Development City of Bremerton Police Building Revised Architectural and Engineering Services Proposal September 1 , 2005 5. Record Drawings: generally consists of preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to the Architect. AlE Extra Services Held in Reserve 1. Security, Audio/Visual, Data/Communications: generally consists of providing design and documentation of these systems to meet Owner program needs. Other Consultants Arai Jackson Ellison Murakami hereby agrees to incorporate the work of other consultant services that will be separately furnished by the City as indicated in the Professional Services Agreement including Land Surveying; Geotechnical Engineering; Legal, Accounting and Insurance Counseling Services; Specialty Consultant Services such as Acoustic, Indoor Air Quality, or similar; and Testing Services During Construction, as indicated in the current Professional Services Agreement. Reimbursable Expenses Arai Jackson Ellison Murakami proposes a reimbursable handling fee of 7.5% in lieu of the indicated 5%. In addition, we propose the reimbursement of ferry expenses and the cost of special deliveries, not including postage for first class mailings. We have not included a proposed total amount for reimbursement. Documents and Data Arai Jackson Ellison Murakami proposes use of AutoCAD 2000 in lieu of the indicated version 12-14. We also propose adding the following sentence: "The City shall protect and hold the Architect harmless from any and all liability should the City use the documents, drawings, reports, electronic files and other information prepared under the Agreement for another project or in a manner not consistent with their intended purpose." Schedule of Performance Arai Jackson Ellison Murakami proposes the attached Schedule of Performance for Basic and NE Extra Services - Schedule B. Please review this fee proposal and attached backup, and contact me if you have any questions regarding this information. We are pleased to discuss further any aspect of the foregoing proposal for architectural and engineering services by Arai Jackson Ellison Murakami, LLP. Bruce Ellison, Guy Thomsen and I look forward to working with you and other key staff, administration, and officials of the City of Bremerton to successfully complete this important civic project. Sincerely, ~ Arai Jackson Ellison Murakami, LLP Steve Arai, AlA, Partner Attachments cc: Bruce Ellison, Arai Jackson Ellison Murakami File Page 2 1iII'lI!I ,0 ami jacbllll elllHlllllllllrallimlliJ=' "''''I:J-lII~c:l'~''~1 U!!!OOI' Df\'Hn.!:i!'~!!!D!!!!; Fee Proposal Summary for Basic Services and AlE Extra Services September 1, 2005 Schedule A MACC $ 1,247,050. Basic Service Basic Service Fee Fee (10.42% of MACC) = $ 130,000. AlE Extra Service Descriotion AlE Extra Service Fee Landscape Architecture = $ 5,870.* Cost Estimating Consultant = $ 5,100. 8ase Drawing Documentation = $ 4,350. Interior Design Consultant = $ 6,430. Record Drawings = $ 4,350. Total Contracted NE Extra Service = $ 26,100. AlE Extra Services Held In Reserve AlE Extra Service Fee Held In Reserve Security, AudiojVisual, Data/Communications Consultant = $ 16,900. * Allowance 2300 seventh avenue seattle wa 98121 v 2063238800 f 2063238518 www.araijackson.com PARTNERS: steven arai . cliff jackson . bruce ellison . richard murakami PRINCIPALS: frank silkwood. mark spitzer. ben dayot ASSOCIATES: connie cadag . gary oppenheimer. ben pongprot . greg ransom DIRECTOR: darryl dawson ,.... o arei ii.CbIilB ellMB IIIl11raklnli ilI.P ~fi!<C~TcfC"-"'1: I ~1'!!!.iI,I',j al:'31!11\l!:I!'iTel'!!!l1'!5 Schedule of Performance for Basic Services and AlE Extra Services September 1, 2005 Schedule B Start date: Completed bv: September 16, 2005 October 17, 2005 November 25, 2005 February 21 , 2006 February 24, 2006 March 24, 2006 April 7, 2006 October 31, 2006 November 30,2006 Base Drawings Schematic Design Design Development Contract Documents Permit Bidding Contracts Construction Closeout September 8, 2005 September 8, 2005 October 12, 2005 November 21, 2005 February 3, 2006 February 27, 2006 March 27, 2006 April 10, 2006 November 1, 2006 2300 seventh avenue seattle wa 98121 v 2063238800 f 2063238518 www.araijackson.com PARTNERS: steven arai . cliff jackson . bruce ellison . richard murakami PRINCIPALS: frank silkwood. mark spitzer. ben dayot ASSOCIATES: connie cadag . gary oppenheimer. ben pongprot . greg ransom DIRECTOR: darryl dawson SD-l SD-2 SD-3 SD-4 SD-5 DD-l DD-2 Attachment B List of Deliverables SCHEMATIC DESIGN 4 copies 4 copies 4 sets 4 copi es 4 copies Updated Space List Design Report Preliminary Design Concept Systems Narrative Code Analysis Archi tectural Structural Landscape Mechanical Electrical (power and Lighting) Data/Communications EI ectronic, Audio/Visual Security Design Drawings Architectural Site Plan Architectural Floor Plans Building Section Key Building Elevations Cost Estimate Updated Schedule DESIGN DEVELOPlVIENT 4 copies 4 copies Preliminary S pecifi cati on Basis of Design Report Design Concept Systems Narrative Code Analysis Architectural Structural Landscape Mechanical Electrical Product Data Sheets Arai Jackson Ellison Murakami, LLP - Attachment B Page 1 of 4 9/1/05 DD-3 DD-4 DD-5 4 sets 4 copies 4 copies Design Development Drawings Landscape Planting Plan Key Details Architectural Site Plan Basement Plan Basement Ceiling Plan First Floor Plan First Floor Ceiling Plan Second Floor Plan Second Floor Ceiling Plan Roof Plan Building Sections Wall Sections Enlarged Floor Plans Door Schedule Structural Structural Notes Foundation Plan Basement Plan First Floor Plan Second Floor Plan Roof Framing Typical Details Mechanical Symbols & Abbreviations Basement Plumbing and Piping Plan Basement HV AC Plan First Floor Plumbing and Piping Plan First Floor HVAC Plan Second Floor Plumbing and Piping Plan Second Floor HVAC Plan Electrical Symbols & Abbreviations Electrical Site Plan Basement Lighting and Power Plan First Floor Lighting and Power Plan Second Floor Lighting and Power Plan Power One-Line Diagrams Cost Estimate Updated Schedule Arai Jackson Ellison Murakami, LLP - Attachment B Page 2 of 4 9/1105 CD-I CD-2 CONTRACT DOCUMENTS 4 sets 4 sets Final Specifications Final Drawings Landscape Archi tectural Structural Arai Jackson Ellison Murakami, LLP - Attachment B Page 3 of 4 9/1105 Planting Plan Irrigation Plan Details Cover Sheet Code Analysis Site Plan Site Details Basement Plan Basement Ceiling Plan First Floor Plan First Floor Ceiling Plan Second Floor Plan Second Floor Ceiling Plan Roof Plan Roof Details Building Sections Building Elevations Enlarged Floor Plans Enlarged Floor Plans Enlarged Plans & Sections Wall Sections, Wall Types Room Finish Schedule Door Schedule - Door Types Interior Elevations Details Signage Plan Structural Notes Foundation Plan First Floor Framing Plan Roof Framing Plan Partial Framing Plans Lateral Frame Elevations Foundation Details Framing Details Locker Rooms Evidence Processing Toilet Rooms .. CD-3 BID-l BID-2 4 sets BIDDING Mechanical Electrical Final Cost Estimate Addenda 1 Addenda 2 Symbols & Abbreviations Basement Plumbing and Piping Plan Basement HVAC Plan First Floor Plumbing and Piping Plan First Floor HVAC Plan Second Floor Plumbing and Piping Plan Second Floor HV AC Plan Sequence of Operations Enlarged Mechanical Room Plans HVAC Details Plumbing Details Symbols & Abbreviations Energy Calculations Electrical Site Plan Basement Lighting Plan Basement Power Plan First Floor Lighting Plan First Floor Power Plan Second Floor Lighting Plan Second Floor Power Plan Electrical Roof Plan Partial Plans, Details One-Line Diagram and Elevation Lighting Fixture Schedule Details End of Attachment B Arai Jackson Ellison IvIurakami, LLP - Attachment B Page 4 of 4 9/1105 ,~; <'<< 'fl.-",' -,<::<, -.,i_~<~.::~:;~ 'Z< ~- ';;'.:~' . \t ' ",>;-::;':>,:'" ,", - , !\-~'<_ ;' c. " :,.'rzc/1-/'< :,\.'L< < .;; .,. +",,! PRELIMINARY PROJECT BUDGET DATE: 1-Sep-05 BY: GT JOB NO.: 2004198 CHECKED BY: BE .... o arai jackson ellison murakami LLP ARCHITECTURE I URBAN DESIGN jlNTERIORS Bremerton Police Courts. Phase" City of Bremerton 239 Fourth Avenue Bremerton, Washington 98337-1806 Total Site Acquisition ((Kitsap Federal Credit Union) $ 2,350,000 Construction MACC (See attached Preliminary Cost Estimate) $ 1,247,050 Sales Tax $ 107,246 AlE Fee (Total Basic & Extra Services) $ 173,000 AlE Basic Fee (See Schedule A) $ 130,000 AlE Extra Services (See Schedule A) $ 26,100 AlE Extra Services Held in Reserve (See Schedule A) $ 16,900 Expenses (Reimbursement, printing, etc.) $ 16,940 Special Inspections & Testing $ 10,000 Environmental $ 2,500 Geotechnical Study $ 2,500 Site Survey $ 5,200 Permits (@ 2% of Construction) $ 24,941 Secu rity $ 16,940 Voice & Data $ 16,940 Signage $ 6,696 Equipment & Furnishings $ 251,100 Contingency - 10% of MACC $ 124,705 Total Project Costs $ 4,355,758 Cost & Fee - Police OnlyBPCII_Proj. Budget_05.09.01.xls Print Date: 9/8/05 Page 1 012 " ""\1<'" v'{,<.J')' , ,';%~;', ~ <\";'?,".,i:,.'i ',1<,f';;,,:- <:,,'0/';:7/';',. , '),.",.', ;;.,,::,." ';~ ':,' ~'~~~<.:" ::('-' .,' -:.'."., ;);/,;',,, \ ;-.,,;.. , ',r.',4',, ,~,' ;;:"? : .." ", ,;;';/ f~< PRELIMINARY COST ESTIMATE 1-Sep-05 GT 2004198 BE DATE: BY: JOB NO.: CHECKED BY: ... o arai jackson ellison murakami LLP ARCHITECTURE I URBAN DESIGN I INTERIORS Bremerton Police Courts. Phase II City of Bremerton 239 Fourth Avenue Bremerton, 98337-1806 Item Quantity Unit Cost Total Police: Credit Union Main Building Tenant Improvements 23,254 sJ. @ $29 1sT $671,440 Credit Union Annex Renovation (Evidence only) 2,698 s.f. @ $95 IsJ. $256,310 Sallyport & Large Vehicle Evidence Storage Addition 1,735 sJ. @ $110 IsJ. $190,850 Security Fencing & High Speed Gates - (4) 20' Gates & 350 L.F. Fencing ea. @ $36,600 lea. $36,600 Site Improvements 29,940 sJ. @ $3 IsJ. $74,850 MDFIBackup Phone Routing 250 sJ. (Ci2 $68 IsJ. $17,000 Total Estimated MACC wlo Soft Costs * $1,247,050 * Notes: Tenant Improvements includes minor interior demolition, refurbishment of mechanical and electrical systems and equipment, some new partitions, but only cleaning of existing carpets, ceiling systems, finishes, and built-in casework and cabinetry. Renovation includes total interior demolition, replacement of all mechanical and electrical systems and equipment, new partitions, new ceiling systems, all finishes, and built-in casework and cabinetry. Estimate does include 4% Contractor overhead, 4% profit, 36% labor tax and 5% general conditions. No Non-Construction Soft Costs (Design fees. permits, taxes, testing, escalation, furnishings, loose equipment, etc.) are included in this preliminary construction estimate. No contingency is included in this preliminary construction estimate. No escalation is included in this preliminary construction estimate. ;:''';~'V\ ;-:,:,..t:;> Cost & Fee - Police OnlyBPCILProj. Budgel....05.09.01.xls Page 2 012 Print Date: 9/8/05