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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
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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.
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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.
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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.
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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.
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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.
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. 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.
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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.
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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.
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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.
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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
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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;
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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.
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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.
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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
-
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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
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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
,....
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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
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PRELIMINARY PROJECT BUDGET
DATE: 1-Sep-05
BY: GT
JOB NO.: 2004198
CHECKED BY: BE
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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
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PRELIMINARY COST ESTIMATE
1-Sep-05
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DATE:
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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.
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Cost & Fee - Police OnlyBPCILProj. Budgel....05.09.01.xls
Page 2 012
Print Date: 9/8/05