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=l=Enter Search Criteria, Press Esc Key to Transmit =1=
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=1= CHANGE Contract Transactions =1=
=1= Contract Number 4364 =1=
=1= =1=
=l=Vendor Name ARAI/JACKSON ARCHITECTS & PLANNERS =1=
=l=Subject POLICE/COURT FACILITY - DESIGN OF =1=
=l=Department ECON DEVEL =1=
=l=Status Code PRO =1=
=1= Amount $267072.00 =1=
=1= Begin Date OS/21/2003=1=
=1= Insurance End Date 12/27/2004 =1=
=1= Type Amount Review Date 02/15/2007 =1==1=
=1= GL $2000000.00
=1==1= AL $1000000.00 =1=
E&O $2000000.00 =1=
=1==1=. Insurance Total $5000000.00 =1=
Insurance Review Date 02/01/2006 =1=
=1==1= =1=
Comments MODIFlCATION #1 - 11/04 =1=
=1= VAULT 01/01/2007 =1=
=1= =1=
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CONTRACT MODIFICATION AGREEMENT NO.1
BETWEEN THE CITY OF BREMERTON AND
Arai Jackson Ellison Murakami, LLP
City Project No. 2701
PROJECT - Police and Courts Building Design
CONSULTANT - Arai Jackson Ellison Murakami LLP, also referred to as Arai/Jackson
Architects and Planners, 2300 7th Ave., Seattle, W A 98121.
DATE - October 21, 2004.
THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE
AGREEMENT (the "Contract") entered into between the City of Bremerton and
Arai/Jackson Architects and Planners on June 7, 2003.
All provisions in the Contract shall remain in full force and effect except as expressly modified
by this document
For valuable consideration and by mutual consent of the parties, the modifications to the
Contract are as follows:
I.
Section I. Scope , is modified as follows:
The project as set forth in the Scope of Services defined in Article Ill. Scope, is hereby
suspended at completion of Construction Documents Phase, Section lll-C (95% design).
Additional services required to complete Construction Documents Phase and evaluate alternative
sites are included in this Contract Modification.
See Exhibit A - Summary of Negotiated Fee dated October 21,2004.
Section III. Comoensation , is modified as follows:
The original contract amount was Two Hundred Eighty Two Thousand, Two Hundred Sixty
Dollars ($282,260.00). The City shall pay the Consultant for the revised scope of services work
described above, an amount not to exceed Two Hundred Sixty Seven Thousand, Seventy Two
Dollars ($267,072.00) as the total amended contract amount, including this Contract
Modification.
II.
Consultant accepts all requirements of this Contract Modification by endorsing below.
Consultant further agrees that this Contract Modification constitutes full and final
settlement of all of the Consultant s claims for contract time and for all costs of any kiud,
including without limitation, costs of delays related to any work either covered or affected
by this Contract Modification, claims related to on-site or home office overhead, or lost
profits. This Contract Modification does not limit the City s right to bring a claim for past
performance.
Arai/Jackson CONTRACT MOD #1
Project Number: 270 I
The undersigned consultant approves the foregoing Contract Modification as to the
changes, if any, in the contract price specified for each item, including any and all
supervision costs and other miscellaneous costs relating to the change in work, and as to
the extension of time allowed, if any, for completion of the entire work due to said Contract
Modification.
This document will become a supplement of the contract and all provisions will apply
hereto. It is understood that this Contract Modification shall be effective when approved
by the City of Bremerton.
The parties whose names appear below warrant that they are authorized to enter into a
contract modification that is binding on the parties of this contract. In addition,
Consultant warrants that it has or will inform the surety of this change, and shall take
appropriate action to modify any bonds required under the contract to address this
change.
IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day
and year first written above.
Director of Economic Development approved to process l~itj~q~ a~t Da e
CONSULTANT T~O~ON
By( Steve Arai By Carv Bozeman
Its Partner Its Ma/or
DATE: October 29, 2004 DATE: //- ! q- D~
~O. RM: ATTES~ Z~~
~i~e~on~tomey '~'/~- -/~-/-~-~-"~ 't'¢~' -~"~
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
Mr. Guy Thomsen Mr. Gary Sexton
Project Architect Director of Economic Development
Arai Jackson Ellison Murakami, LLP City of Bremerton
2300 Seventh Avenue 239 4th Street
Seattle, WA 98121 Bremerton, WA 98337-1806
206.323.8800 360.473.5282
Guy:2003110_Bremerton: 0A Contract:AJEM P&C Mod. 1 10.25.04.doc
Arai/Jackson CONTRACT MOD #1 2
Project Number: 2701
Exhibit A
CONTRACT MODIFICATION AGREEMENT NO. 1
Arai Jackson Elfison Murakami, LLP
Police and Courts Building Design
SUMMARY OF NEGOTIATED FEE
October 21, 2004
Original Contract amount $ 282,260.00
Payable at 95% design $ 208,000.00
Add 1. Services Request No. 1 ~ $ 23,378.
Add 1. Services Request No. 2 2 $ 17,500.
Add 1. Services Request No. 3 3 $ 5,000.
Add 1. Services Request No. 4 4 $ 4,500.
Add 1. Services Request No. 5 5 $ 8,694.
Total Add 1. Services Fee $ 59,072.00
Total Modified Contract Amount $ 267,072.00
~ Letter Guy Thomsen to Gene Sampley dated 9/24/04 - Additional Services Fee Request No. I City of Bremerton
Program Increases, and Letter Guy Thomsen to Gary Sexton dated 10/21/04 - Additional Services Fee Request
Agreement - Revised
2 Letter Guy Thomsen to Gene Sampley dated 9/24/04 - Additional Services Fee Request No. 2 City Requested
Modifications, and Letter Guy Thomsen to Gary Sexton dated 10/21/04 ~ Additional Services Fee Request
Agreement - Revised
3 Letter Guy Thomsen to Gene Sampley dated 9/24/04 - Additional Services Fee Request No. 3 -- City Requested
Security, A/V and Data/Communications Consulting Services Addition to Contract, and Letter Guy Thomsen to
Gary Sexton dated 10/21/04 - Additional Services Fee Request Agreement - Revised
4 Letter Guy Thomsen to Gene Sampley dated 9/24/04 - Additional Services Fee Request No. 4 -- Foundation
Redesign Required by Geotechnical Report, and Letler Guy Thomsen to Gary Sexton dated 10/21/04 - Additional
Services Fee Request Agreement - Revised
~ Letter Guy Thomsen to Gary Sexton dated 10/21/04 - Additional Services Fee Request No. 5 -- Alternate Site
Evaluation
Arai/Jackson CONTRACT MOD #1 3
Project Number: 2701
ar~ ~a~ge e41h~ult murakam~ LL:~
October 21,2004
Mr. Gary Sexton,
Director of Economic Development
City of Bremerton
239 Fourth Street
Bremerton, WA 98337-1806
Re: City of Bremerton Police Courts Building
Additional Services Fee Request Agreement - Revised
Dear Mr. Sexton:
This correspondence is a summary of the agreement reached in yesterday's negotiations between you, me and
Steve Arai on the four (4) requests for additional services submitted on Phase I of this project. The summary of
the agreed upon additional services for the individual requests is as follows:
1. Additional Services Fee Request No. 1 (Thomsen letter dated 09.24.04):
For MACC increase at the conclusion of 50% Contract Document phase formally approved by adjustment of the
published Project Budget on 12.18.03 (copy attached). In addition, please note that it was Steve's proposed
intention to use the Basic Services fee percentage in the original Contract. He inadvertently used the rate
without the Remodel Design Premium. The following is the corrected total.
Original Contract MACC = $ 3,000,000.
Revised MACC per 12.18.03 Project Budget -- $ 3,351,488.
MACC Increase = $ 351,488.
Basic Services Fee Percentage per Original Contract
$ 351,488. x 7.7% = $ 27,065.
$ 351,488. x 1.8% x 70% (Remodel Design premium for existing structure) -- $ 4,528.
Subtotal Basic Services Fee for MACC Increase = $ 31,593.
Services through Construction Documents Phase
(Schematic Design, Design Development & Construction Documents) x 74%
Total Additional Services for Fee Request No. 1 = $ 23,378.
2. Additional Services Fee Request No. 2 (Thomsen letter dated 09.24.04):
For program changes and redesign of several building areas, site access and landscaping required by utility
vault installation, and printing requested by City at the end of the 90% Contract Document phase.
Municipal Court Changes: = $ 6,391.
Police Evidence Storage Changes: = $ 3,669.
Utility Vault Installation Changes: = $ 6,568.
Progress Set Printing: = $ 872.
Total Additional Services for Fee Request No. 2 = $ 17,500.
Mr. Gary Sexton, Director of Economic Development
City of Bremerton Police Courts Building
Additional Services Fee Request Agreement - Revised
October 21,2004
3. Additional Services Fee Request ldo. 3 (Thomsen letter dated 09.24.04):
Addition of security system, audio/visual system, and data/communication system architectural and engineering
design services to the Scope of Professional Services.
Total Additional Services for Fee Request No. 3 = $ 5,000.
4. Additional Services Fee Request No. 4 (Thomsen letter dated 09.24.04):
Design and document changes necessitated by soil conditions reported in the Geotechnical Report received at
the end of the 90% Contract Document phase.
Total Additional Services for Fee Request No. 4 = $ 4,500.
Total Additional Services for Fee Request Nos. 1, 2, 3 and 4 = $ 50,378.
If the foregoing summary is not your recollection of the negotiations, please contact me. Otherwise I will have
our accounting department invoice the City for the foregoing sum. Thank you for your careful consideration of
our requests. Upon receipt of payment Phase I of the Contract will be complete and all future work will be billed
against the amendment to the Contract as defined in the Revised Architectural and Engineering Services
Proposal dated October 13, 2004.
Sincerely,
Arai Jackson Ellison Murakami, LLP
Guy~Th~msen, AIA
Project Manager
Attachment
cc: Gene Sampley, Project Administrator
Steve Arai, Arai Jackson Ellison Murakami
Bruce Ellison, Arai Jackson Ellison Murakami
File
Page 2
POLICE/COURT FACILITY BUDGET
$5,600,000.00
Land $1,010,000
Construction $3,351,488
Hales Tax $284,876
Professional Services $306,596
Expenses, printing, etc~ $20,000
Special Inspections & Testing $15,000
Environmental $2,500
Geotechnical $7,O00
Survey $5,200
SecurityPermits ~,,00~20~0 ,'"~
Equipment & Furnishings :$3 , ,~
Total: $5,752,689
Balance Remaining ($152,889)
Other Possible Expenditures:
Project Fencing $3,000
Other Possible Revenue:
$2o,o0o.o0 ?f,~OP~
.. GE Contribution to phone room
~_.. Interest Income $200,000 (if all interest is used for this project)
October 21,2004
Mr. Gary Sexton,
Director of Economic Development
City of Bremerton
239 Fourth Street
Bremerton, WA 98337-1806
Re: City of Bremerton Police Courts Building
Additional Sen/ices Fee Request No. 5 - Alternate Site Evaluation
Dear Mr. Sexton:
This correspondence is a request for additional services for investigation, evaluation and documentation
required for selection of an alternate site for the Police Courts Building. The search for an alternate site was
necessitated when costs for unanticipated site soil conditions, off site street improvements, additional
electrical/electronic programmatic requirements, and market steel prices pushed the 95% Contract Document
Estimate of Probable Construction Costs well beyond the MACC. With no way to reduce the project cost and
still meet all program requirements at this site, the City instigated the search of alternative sites and requested
Arai Jackson Ellison Murakami assist them in the process of evaluating and selecting an alternate site.
The City requested AJEM's assistance in a phone call on June 8, 2004 and set June 15~" for a meeting to visit
"other potential sites". The time for these site visits, research of these sites, time for evaluation and preparation
of the Alternate Site Evaluation letter submitted on June 21, plus the time for follow-up cost comparisons,
schedule revisions, and meetings necessary to evaluate the original sites, and specifically the selected Kitsap
Federal Credit Union site, is itemized below. Our requested Additional Sen/ices Fee is for the services performed
by Arai Jackson Ellison Murakami to coordinate the investigation and document the evaluation of alternate sites.
The activities and hours below are an itemization of actual time spent for this evaluation:
Date Activity Hours
June 15 Alternate Site Visits
(West Precinct, Fire Station and Credit Union) 10.5 hrs.
16 Alternate site evaluation research & report preparation 7.0 hrs.
17 8.25 hrs.
18 7.0 hrs.
19 2.5 hrs.
21 Alternate site evaluation report letter completed & sent 11.0 hrs.
June 28 Alternate Site Cost Comparison 9.0 hrs.
29 Alternate Site Review Meeting 6.5 hrs.
30 Further evaluation of CU Site Area and Parking 6.5 hrs.
July 6 Administration (Phone, smalls, etc.) 1.5 hrs.
7 Administration (Phone, emails, etc.) 1.0 hrs.
8 Schedule revision and further parking evaluation 7.0 hrs.
2300 sevei~th avel3ue se;~Ltle wa 98121 v 206 323 8800 f 206 323 8518 www a~aj~ksor~ con-,
PARTNERS: steven arai · cliff jackson · bruce ellison, richard rnurakami PRINCIPALS; frank silkwood
ASSCClATES: ben dayot, jeffrey harnlett · greg ransom · gary oppenheimer · connie cadag · mark spitzer DIRECTOR: darryl dawson
Mr. Gary Sexton, Director of Economic Development
City of Bremerton Police Courts Building
Additional Services Fee Request No. 5
October 21, 2004
July 12 Fur[her parking evaluation, phone and meeting prep 4.5 hrs.
13 CU Design Alternatives & Program Meeting and prep 8.25 hrs.
14 Consultant program coordination 3.5 hrs.
August 16 CU Site Review Meeting 9.5 hrs.
Total Additional Services Fee Request for Alternate Site Evaluation 103.5 hrs. @ $ 84./hr. = $ 8,694.
Please review this additional services fee request and contact me if you have any questions regarding this
information.
Sincerely,
Arai Jackson Ellison Murakami, LLP
Guy Thom~en, AIA
Project Manager
Attachment
cc: Gene Sampley, Project Administrator
Steve Arai, Arai Jackson Ellison Murakami
Bruce Ellison, Arai Jackson Ellison Murakami
File
Page 2
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CHANGE Contract Transactions
Contract Number 4364
Vendor Name ARAI/JACKSON ARCHITECTS & PLANNERS
~Subject POLICE/COURT FACILITY - DESIGN OF
~Department ECON bEVEL
Status Code PRO
Amount $282260.00
Begin Date 05/21/2003
Insurance End Date 12/27/2004
Type Amount Review Date 10/01/2004
GL $2000000.00
AL $1000000.00
E&O $2000000.00
Insurance Total $5000000.00
Insurance Review Date 02/01/2005
+
IComments
Professional Services Agreement
A. Project Owner: City of Bremerton, 239 Fourth S~'eet, Bremerton, WA 98337,
phone - (360) 473-5234, fax - (360) 473-5850.
B. Architect: Arai/Jackson Architects & Planners
1601 East John St.
Seattle, Washington 98112-5221
C. Time for Performance: Per Article li - Schedule of Performance
D. Compensation for Seiwices: $282,260.00
E Architects Authorized Basic Representative: Bruce Ellison, AIA
F. City's Representatives:
Kathleen McCluskey, Project Administrator
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
SPECIFICALLYAGREES THAT THE INDEMNIFICATION AND SAVE HARMLESS
PROVISIONS OF SUCH AGREEMENT, TOG-ETHER 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 Architects & Planners City of Bremerton
By:Architecture'& Planning' L'LP~ ~~ By: ~
Steven Arai Cary Bozeman
Title: Parmer Title: Mayor
Date: ~t~,O~ Date: ~// ~~__
Arai/J~kson
P~e 1 of 15
5/7/2003
I. Consultants:
The Architect shall, in a timely manner, designate and appoint mb-consultants
after conferring with the City's Project Administrator. The Architect shall not
appoint any sub-consultants to which the City has a reasonable objection. The
Architect shall incorporate flae provisions of this agreement, the scope of work,
and the requirements of the project 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 and Courts Building:
Start date: Completed by:
Programming May 21 2003 June 21, 2003
Base Drawings May 21, 2003 June 21, 2003
Schematic Design June 27, 2003 July 28, 2003
Design Development August 4, 2003 September 29, 2003
Construction Docs October 6, 2003 December 29, 2003
Bidding January 5, 2004 January 28, 2004
Construction February 23, 2004 November 29, 2004
Construction Completion November 29, 2004 December 27, 2004
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. These services include structural,
mechanical, electrical engineering and landscape design services as well as
program update and base drawings documentation.
The Police/Court Building project includes the remodel of the US Bank Building
at the comer of 6t~ and Pacific Avenue. The site is 52, 090 square feet and the
building consists of 20,525 square feet on three floors. A new addition to the
building of approximately 7,000 square feet will also be required.
The Architect shall review information provided by consultants directly retained
by the City and shall coordinate the work and work product of such consultants
with the Architect's work into an overall set of consistent drawings,
specifications and other contract documents. The Architect may reasonably rely
upon the accuracy and completeness of City furnished services, information,
surveys and reports. In such cases, authorship of such documents will be clearly
identified.
Ar~$ack~m
P~2ofl5
5/7/2003
The Architect shall provide to the Project Administrator four (4) copies of project
documents upon completion of each of the Schematic Design, Design
Development and Consl~uction Document phases. Project documents shall be in
a form and style suitable for presentation, review and reproduction.
The Project Administrator 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 Project Administrator, 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 p~amits or
approvals.
The Architect shall meet with Kathieen McCluskey, Project Adminisl~ator, or in
her absence Gary Sexton Economic Development Director; Rob Forbes, Police
Chief and Judge James Docter 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 Council or other groups as requested by
the Project Administrator, limited to one such presentation at the completion of
each phase of service.
A detailed list of the documents to be prepared for each scope of work is attached
hereto as Attachment A.
Through the design process, the Architect shall assist Project Administrator 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 Project Administrator 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.
· G-eotechnical engineering, which may include test borings, test pits, soil
bearing values, and air and water pollution tests.
· Civil engineering.
· Specialty consultant services, such as communications, acoustic, indoor
air quality, security, audio visual, or similar.
· Testing services during construction that are reasonably required.
P~3ofl$
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 Project Administrator'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 Project Administrator, the Architect shall
prepare the Schematic Design Documents.
2. The Architect shall submit to Project Administrator a Construction Cost
Estimate projected to the expected time of bid, itemized by major
categories, to give reasonable assurance that conslruction costs will not
exceed the MACC. The format of the estimate shall be based on format
approved by the Project Administrator. The Conslruction 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 Project Administrator 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 illuslrate the full
size, character and scope of the Project.
2. The Architect shall submit to Project Administrator 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
MACC.
3. The Architect shall review and respond to the Project Adminiswator's
review comments and shall secure Project Administrator's written
approval of the Design Development documents.
Ar~YJ~
5/?120O3
C. Construction Documents Phase
1. Upon written authorization to proceed from Project Administrator, 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 of
workmanship, 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 Project Administrator, 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
Consm~ction Documents. The final detailed Consm~ction 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 Project Administrator 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 Project Administrator in issuing the Bid
Documents to bidders and plan centers. The Architect shall attend and
participate in the prebid conference and generally assist Project
Administrator in managing the bid process.
2. In the event the lowest responsive bid submitted by a responsible bidder
satisfactory to the Project Administrator exceeds the MACC, then the
Architect will, at it's sole cost and expense, revise the drawings and
specifications as may be required by Project Administrator 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 MACC.
E. Construction Phase
1. The Architect shall participate with Project Administrator in the
preconsWaction conference with contractor.
2. During the progress of construction, the Architect shall perform services
including:
· Visit the site a minimum of twice 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 contraet documents when
completed.
· Consult with the Project Administrator 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 Project
Administrator only to the extent provided in the Contract Documents
unless otherwise modified in writing by the Project Adminislrator.
· Interpretations of the requirements of the Contract Documents shall be
made by the Project Administrator with consultation and written
recommendation from the Architect.
· Provide to Project Administrator 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. ff
requested, the Architect shall attend Project Administrator 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 Doaunents, and promptly notify the
Project Administrator and Contractor of deviations and noncompliance.
Pa~6ofl$
51712003
· 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 Project Administrator. The Architect shall keep
project meeting minutes, and Iransmit copies to the Project
Administrator 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 Project
Administrator's approval.
3. The Architect shall not be responsible for construction means, methods,
techniques, sequences or procedures, or for safety precautions, and
prog~uns in connection with the work, and shall not be responsible for
Contractor's failure to carry out the work in accordance with the Conmact
Documents.
4. The Architect shall at all times endeavor to discover and guard owner
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 Project Administrator
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 Project
Administrator 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 of final completion
and recommend acceptance of'the Project to Project Adminis~ator.
2. The Architect shall obtain, review, approve and deliver to the Project
Administrator, written guarantees, manuals and instructions from
Contractor as required by the Cons~uction Documents upon completion of
construction and prior to recommending acceptance of the Project to the
Project Administrator.
A~i/Ja~tu~n
Pa~7ofl$
51712003
3. The Architect shall modify the original Construction Drawings to conform
to the project record drawings provided by Contractor which incorporates
all changes in the work, including utilities, made during consU'uction and
addenda during bidding. The modified original Construction Drawings
and related electronic media shall be completed and submitted to the
Project Administrator within two months of owner's acceptance of the
Project or as otherwise mutually agreed.
4. Upon the Project Administrator's request during the warranty period set
forth in the Construction Con~act, the Architect shall assist Project
Administrator in identifying defects in the Project, determine corrective
measures, provide inspection of the Project and assist the Project
Aclministrator in implementing corrective measures.
G Additional Services and Reimbursable Expenses
I. 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 Sereices performed by Architect
prior to receipt of the Project Administrator'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 pan 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; providin8 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.
Atai/$~:b0e
P~St~ 8ofl~
e. Providing brochures, detailed architectural models, or additional
graphic presentations beyond the TWO graphic presentations agreed
to.
f. Providing services during the conslruction phase in connection with
unforeseen conditions or changes requested by the Project
Administrator.
g. Providing services during construction in connection with processing
more than 75 contractor-generated Requests for Information (l~I's),
excluding any RFI's reasonably contributed to an error or omission of
the Architect.
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.
i. 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 Project Administrator.
b. Providing printing and dislxibution 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 ronnd-~p ferry fares.
3. Fees for authorized Addilional Services shall be mutually agreed to by the
City and the Architect prior to performing such services.
Pa~ 9 of 15
H Basis of Compensation
1. Maximum Allowable Construction Cost (MACC) Defined: The MACC
for this project is $3,000,000 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 (Basic services fee percentage of
7.7% times the MACC plus the Remodel Design premium of 1.8% times
$2,200,000, the estimated cost of renovation within the MACC, and
additional services to accomplish limited programming services and base
drawing documentation), fiat any time the City elects to increase the
MACC by more than I0%, the Architects fee shall be adjusted
proportionately to the adjustment in the MACC.
I Standard T~ms 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 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 ~is 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 fi.om 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 fi.om any
payment, or otherwise be reimbursed for, an amount sufficient to
protect the City from any such claims.
P~ 10 of 15
3. Comoliance with Laws: Governmental Agency C0mmunieafioas. 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 l~mits to
render the services contemplated by this Agreement.
5. Safety.
a. TheArehitect 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 Dep~u'Uiient 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.
ff 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 Assi~ments 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 Project Administrator,
Pa~ 11 offs
which may be withheld in its sole discretion. None of the services
may be delegated or sub-contracted to an independent conlractor
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 representalives fi.om
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. ffthe 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 Co) 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
sur~ve 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 Produets-Completed
Operations)
$],000,000 Products- Completed Operations Aggregate Limit
$l,000,000 Personal and Advertising Injury Limit
$1,000,000 Per Occurrence Limit
$ ]00,000 Fire Damage Limit (Any One Fire)
b. Professional Liability insurance, including errors and omissions, with
limits of liability equal to at least $],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;
Pa~ 12 of 15
5/7/~03
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 $l,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 of B+ 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 ofa ce~ficate of insurance with
additional insured endorsements naming the City of Bremerton 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 fi.om
the appropriate state agency confirming participation in accordance
with statutory requirements.
10. Architect's Default. ffthe Architect 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, ff such matter has not been corrected within such
seven-day period, the City may, without prejudice to any other fight 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 fi.em such defects, and deduct the same fi.om sums
otherwise due the Architect.
11. Documents and Data.
a. The Architect agrees that all documents, drawings, reports, eleclronie
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 fi.om the City and, in any event, upon eompletiou of the
services under this Agreement, prior to and as a condition of the final
payment to the Architect. City shall indemnify ArcMtect fi.om any
claims or damages arising fi.om the City's subsequent use of the
electronic version of said materials.
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5/7/2003
12. ~ 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. Cop_ ~vrights 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, se~ice, design or equipment0 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. Ail notices provided for herein may be transmitted by facsimile,
delivered or mailed. If mailed, such notice shall be considered delivered
three (3) days alter 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. Susnension 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 em*ned 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. ffthe City so terminates this
Agreement, the Architect shall be entitled to payment of: (a) all fees
properly earned up to the effective date ofterminadon, 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
termination.
Ar~i/J~w. kso~
Pa~ 14of15
5/7/2003
16. ~ The Architect is an independent conUactor 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, parmership, 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-con~'actors 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 A_m'eement 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. Disvutes
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-
conlractors, 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.
P~ 15 o£15
~/7/2003
Attachment A
List of Deliverables
SCHEMATIC DESIGN
SD-1 4 copies Updated Space List
SD-2 4 copies Design Report
Preliminary Design Concept
Systems Narrative
Code Analysis
Architectural
Structural
Civil (by owner)
Landscape
Mechanical
Electrical (Power and Lighting)
Communications Coy Owner)
Eleclronic/Audio - Visual Coy Owner)
Security Coy Owner)
SD-3 4 sets Design Drawings
Architectural Site Plan
Architectural Floor Plans
Building Section
Key Building Elevations
SD-4 4 copies Cost Estimate
SD-5 4 copies Updated Schedule
DESIGN DEVELOPMENT
DD-1- 4 copies Outline Specification
DD-2 4 copies Basis of Design Report
Design Concept
Systems Narrative
Code Analysis
Architectural
Structural
Landscape
Mechanical
Electrical
Product Cut-Sheets
Atal/Jat:kson - .a,aeh~..~, A
Pa~ 1 of 4
DD-3 4 sets 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 HVAC Plan
First Floor Plumbing and Piping Plan
First Floor I-IVAC Plan
Second Floor Plumbing and Piping Plan
Second Floor I-IVAC 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
DD-4 4 copies Cost Estimate
DD-5 4 copies Updated Schedule
1~2of4
5t?12003
CONTRACT DOCUMENTS
CD-1 4 sets Final Specifications
CD-2 4 se~ Final Drawings
Landscape Layout Plan
Grading Plan
Planting Plan
Irrigation Plan
Enlarged Area Plan
Details
Architectural 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 Suspect
Processing
Enlarged Floor Plans Courts
Enlarged Floor Plans Toilet Rooms
Enlarged Plans & Sections Stairs &
Elevator
Wall Sections, Wall Types
Room Finish Schedule
Door Schedule - Door Types
Interior Elevations
Details
Signage Plan
SWactural Structural Notes
Foundation and Basement Plan
First Floor Framing Plan
Second Floor Framing Plan
Roof Framing Plan
Partial Framing Plans
Lateral Frame Elevations
Foundation Details
Framing Details
Axni/J~k~ya - Altadm~nt A
Pa~s 3 of 4
5/7/2003
Mechanical 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 HVAC Plan
Sequence of Operations
Enlarged Mechanical Room Plans
HVAC Details
Plumbing Details
Electrical Symbols & Abbreviations
Energy Calculations
Electrical Site Plan
Basement Lighting Plan
Basement Power Plan
Firs~ Floor Lighting Plan
First Fioo~ 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
CD-3 4 sets Final Cost Estimate
BIDDING
BI~I. Addenda 1
BID-2 Addenda 2
End of Attachment A
Ar~/J~k~o~ ~ .4~L~ m~t ~ A
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