Loading...
HomeMy WebLinkAboutPK09-190 - Original - Architect Rasmussen Triebelhorn - Corrections Upgrade - 7/21/09 Records Ma-nag,-�-ernerKENT ��= Document WASHINGTON — d �f �Ff iiYj;cib'^ CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Architect Rasmussen Triebelhorn. AIA/ps Vendor Number: JD Edwards Number Contract Number: 10X�D9- /qb This is assigned by City Clerk's Office Project Name: City of Kent Corrections Upgrade Schematic Design Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 7/2009 Termination Date: 9/2009 Contract Renewal Notice (Days): 0 Number of days required notice for termination or renewal or amendment Contract Manager: Charlie Lindsey Department: Parks/Facilities Detail: (i.e. address, location, parcel number, tax id, etc.): City of Kent Corrections Facility 1230 S. Central, Kent 5 Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 -t[0'dcCJ :-_=AIA Document B1 02TB - 2007 Standard Form of Agreement Between Owner and Architect without a Predefined Scope of Architect's Services AGREEMENT made as of the day of July in the year 2009 (In words, indicate day, month and year) BETWEEN the Owner (Name, address and other information) This document has Important City of Kent legal consequences Consultation 220 4 h Avenue South with an attorney Kent,WA 98032 is encouraged with respect to its completion or modification and the Architect (Name, address and other information) Architects Rasmussen Tnebelhorn,AIA/ps Number 9 Saint Helens,Suite D Tacoma,WA 98402 for the following Project (Name, location and detailed description) Kent Jail Upgrade Kent,WA Addition to and remodel of booking,holding,medical,and staff areas of the Kent City Jail. The Owner and Architect agree as follows Init. AIA Document 6102n -2007(formerly B141 TM-1997 Part 1) Copyright 01917,1926,1948,1951,1953,1958 1961,1963,1966,1967,1970, 1974,1977, 1987,1997 and 2007 by The American Institute of Architects All rights reserved WARNING This Ale Document is protected by U S Copyright Law and 1 International Treaties Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal l penalties,and will be prosecuted to the maximum extent possible under the law This document was produced by AIA software at 15 04 04 an 0710a/2009 under Order No 1000373155_1 which expires on 9130/2009,and is not for resale User Notes (1318936533) TABLE OF ARTICLES 1 ARCHITECT'S RESPONSIBILITIES 2 OWNER'S RESPONSIBILITIES 3 COPYRIGHTS AND LICENSES 4 CLAIMS AND DISPUTES 5 TERMINATION OR SUSPENSION 6 COMPENSATION 7 MISCELLANEOUS PROVISIONS 8 SPECIAL TERMS AND CONDITIONS 9 SCOPE OF THE AGREEMENT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES § 1.1 The Architect shall provide the following professional services: (Describe the scope of the Arthitect's services or identify an exhibit or scope of services document setting forth the Architect's services and Incorporated into this document in Section 9 2) Basic Services Schematic Design Phase only for Structural Architectural,Mechanical and Electrical disciplines Additional Services Schematic Design Phase only for Civil Eneineenng Detailed Cost Estimating Security Electronics Design, and Food Service Design Design Development,Construction Documents,Construction Contract Administration,Additional Construction Administration,and Protect Closeout for all disciplines shall be added to the scope of services of this contract amendment or subsequent agreement after completion and approval of the Schematic Design Phase Services and estimated fees for work subsequent to the Schematic Design are as described in the fee estimate dated June 4,2009,attached as Exhibit A § 1.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project § 1.3 The Architect shall identify a representative authonzed to act on behalf of the Architect with respect to the Project § 1.4 Except with the Owner's knowledge and consent,the Architect shall not engage in any activity,or accept any employment,interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to thn Project § 1.5 The Architect shall.-omit. the insumnee for-the dl at,. of this A .Fee a if aay f tt e .� Gei3e 'J=aability Init AIA Document B102TM—2007(formerly B141TM—1997 Part 1) Copyright®1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977, 1987,1997 and 2007 by The American Institute of Architects All rights reserved WARNING This AIA Document is protected by US Copyright Law and 2 International Treaties Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal t penalties,and will be prosecuted to the maximum extent possible under the law This document was produced by AIA soltware at 15 04 04 on 07/08/2009 under Order No 1000373155_1 which expires on 9/30/2009,and is not for resale User Notes (1318936533) ` )FIEefs' Cernpensattett procure and maintain for the duration of the Agreement insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference ARTICLE 2 OWNER'S RESPONSIBILITIES § 2.1 Unless otherwise provided for under this Agreement,the Owner shall provide information in a timely manner regarding requirements for and limitations on the Protect,including a written program which shall set forth the Owner's objectives,schedule,constraints and criteria,including space requirements and relationships,flexibility, expandability,special equipment,systems and site requirements Within 15 days after receipt of a written request from the Architect.the Owner Shall furnish the requested information as necessary and relevant for the Architect to evaluate,give notice of or enforce lien rights. § 2.2 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services § 2.3 The designated ift this Agreement, oF milheii thp-4 to fumish them as an Additional Seniee,vivhefi the AfEAitee4 provided Owneron its own or through other consultants or agents,may perform design or other preconstruction work outside the scope of Architect's services on this project A description of the scope of work to be performed by these other consultants,contractors,or agents(collectively,the "listed consultants"),together with contact information for those listed consultants known at the time of drafting this Agreement, is attached and incorporated as Exhibit B,if applicable The Owner will supplement this list with specific contact information as it lures other listed consultants The Architect shall cooperate with and coordinate the Architect's work with all other listed consultants The Architect represents,and the Owner relied upon the Architect's representation,that it will communicate and coordinate with the listed consultants throughout project design to assure that the Architect's work comprises part of an integrated design that will function correctly and as planned when constructed by the Owner. The Architect is not a guarantor of the other listed consultant's work but the Architect does have a duty to inform itself fully of the other listed consultants' designs in order to create a successfully integrated protect If the Architect determines that the work of any other listed consultant will not coordinate with the Architect's design or work or that the other listed consultant's design or will obstruct or interfere with a final,integrated and successful protect design, the Architect will immediatelv inform the Owner of this conflict The Owner will resolve any disagreements that may arise among the Architect and listed consultants over the method,design,or order of doing protect work The Owner's decision on these matters will be final The coordination of the work shall be taken into account by the Architect as Dart of the site investigation, should the Architect be retained for Construction Administration,and any resultmg costs shall be incidental and included within the bid process in this Agreement AIA Document B102TM—2007(formerly B141 T —1997 Part 1) Copyrght©1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970 1974 1977, Init. 1987 1997 and 2007 by The American Institute of Architects All rights reserved WARNING-This AIAe Document is protected by U S Copyright Law and 3 International Treaties Unauthorized reproduction or distribution of this AIAx Document,or any portion of it,may result in severe civil and criminal / penalties,and will be prosecuted to the maximum extent possible under the law This document was produced by AIA software at 15 04 04 on 07r08/2009 under Order No 1000373155_1 which expires on 9i30/2009,and is not for resale User Notes (1318936533) § 2.4 The Owner shall furnish all legal,insurance and accounting services,including auditing services,that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests § 2.5 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project,including errors,onussions or inconsistencies in the Architect's Instruments of Service ARTICLE 3 COPYRIGHTS AND LICENSES § 3.1 Mit poet:anamassions-Drawings,specifications,and other documents,including those in electronic form Vrenared by the Architect and the Architect's consultants are Instruments of Service for use with respect to this Project Original documents drawings designs reports or any other records developed or created under this Agreement shall belong to and become the property of the Owner All records submitted by the Owner to the Architect will be safeguarded by the Architect Architect shall make such data,documents,and filed available to the Owner upon the Owner's request The Owner's use or reuse of any of the documents,data,and files created by Architect for this project by anyone other than Architect on anv other project shall be without liability or legal exposure to Architect Architect further acknowledges that Owner is a public agency,subject to the public disclosure laws of the State of Washington Should a public records request be received requesting a copy of the Architect's Instruments of Service,Owner must make these records available to that requesting party § 3.3 Upon execution of this Agreement,the Arehiteet gr-afitss to the Ov.,fie-r d -R-R-ReXelusive Iffeense te use Ukee AFelhteet's insirruments of Sprywp.so4ely and exelusively for the Project,provided that the Owner substantiall PffferMS it",9bIigdtI6RS. a a ffenisueliuses TheOwnef to the extent pemiitted by law,fiiFthef agrees Ime indewia+fy and hold harmless the action assef4ed by dny third per-son or eF�Uty k)the eXteat SHeh 004S dREI e*PE!FlqAg RiqqkA,419M thP 0WHAr'S -Sp,Of the 1114FI-MRntS Rf Qe.-nne„rude.this S80tJ01; Z Q 1 § 3.4 Exeept fef the heefirses gFanted in this AFtiele 3,as ethef beense of Fight shall be deemed gfmted af iffifikied undi&F this Agf:eemeRt TIqe Ov,ser lid.11 not assign,delegate,sublieense,pledgp,er RI,hP,4qA,iqe,trgfiqfer an),ifeefise eRfi,#ltcantq Imo AIA Document B102TM—2007(formerly B1411m—1997 Part 1) Copyright©1917,1926,1948,1951,a 953,1956,1961,1963,1966,1967,1970, 1974,1977, 1987 1997 and 2007 by The American Ins-itute of Architects All rights reserved WARNING This AIA Document is protected by US Copyright Law and 4 International Treaties Unauthorized reproduction or distribution of this AIA Document,or any portion of It,may result in severe awl and criminal / penalties,and will be prosecuted to the maximum extent possible under the law This document was produced by AIA software at 15 04 04 on 07/08/2009 under Order No 1000373155_1 which expires on 9/3012009,and is not for resale User Notes (1318936533) ARTICLE 4 CLAIMS AND DISPUTES § 4.1 QFN€1RAI Should anv dispute misunderstanding or conflict anse as to the terns and conditions contained in this Agreement the hatter shall first be referred to the Owner,and the Owner shall determine the term or provision's true intent or meaning The Owner shall also decide all questions which may anse between the parties relative to the actual Services provided or to the sufficiency of the performance hereunder If the parties are unable to settle anv dispute difference or claim ansmg from the parties'performance of this Agreement the exclusive means of resolving that dispute difference or claim shall only be by filing suit exclusively under the venue rules,and Iurisdiction of the Krug County Superior Court at the Regional Justice Center located in King County Washington unless the parties agree in wnting to an alternative dispute resolution process In any claim or lawsuit for damages arising from the parties' performance of this Agreement each party shall pay all its legal costs and attomey's fees incurred in defendant or bnnong such claim or lawsuit.in addition to any other recovery or award provided by law,provided, however,nothingin n this paragraph shall be construed to limit the Owner's right to indemnification under Section 7.11 of this Agreement. a agentsA4 claims and causes of action not eaRHneHeed in aeeafElanee Aith this Seetien 4 1 4 § 4-1-2 Te the extent damages are eevered by prepef4jr ifisiiranee,the Owfitef and AFehiireet waive all Fights against b R 4•7\ALAI b a advaRee of binding dispute resiakiaeimi proseedings,%,hieh shall be iitayed pefiding mediation fer a peried 4 60 days pfeeeedit dispute resalution but,in suish event,Fnediation shall pfeeeed fFi .....i agfeeiapefi a schedule fof latef pfeeeeditigs 4.2.3 The pai:tiessh—all sharp,thp ;Rpdiator's fee and any filing fees equally The medima�aao sha4l be held in the plaee be u...rva vvuvav as settlement ubicc v uYuw ia.0 Init. AIA Document 6102n —2007(formerly B14"—1997 Part 1) Copyright 01917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977, 1987,1997 and 2007 by The American Institute of Architects All rights reserved WARNING This AIAa Document is protected by U S Copyright Law and 5 International Treaties Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal / penalties,and will be prosecuted to the maximum extent possible under the law This document was produced by AIA software at 15 04 04 on 07/08/2009 under Order No 1000373155_1 which expires on 9/30Y2009,and is not for resale User Notes: (1318936533) rei....h.,.d.« ,.eeur-f 1 R 4.3 ARBITRATION 4.3.1 if the paf:aes have,selewt,ed i4hitfation as the fli fer-binding dispute fesellition in this greement, any elamn,Elispute of other Fnattff 1F1 questlen aFistng out of er related ta this Agreement subjest to,but fiat reso!N,ed by, ..t.t. .aa«. ..te...«..the ....l..t....t.,.« , ..a having jurisdiction theFeaf § 4.3.3 The aWdFEI refldefed bj the arbitf atar(s)shall be final,and judgment Fna) be eRteFed upon it in iteeefdanee-Aith ««1.,..hle law to any..,...a having,unsdiction thereof 4-3-4 CONSOLIDATION OR -10INDER that the PaFty Dht to be b aft idditl6fial dispute of athef fnaffer fn question no ...lied. th e ..tie.. e '4-e A feh.t et tinder th.s A g f nt ARTICLE 5 TERMINATION OR SUSPENSION § 5.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or,at the Architect's option,cause for suspension of performance of services under this Agreement If the Architect elects to suspend services,the Architect shall give seven days'prior written notice to the Owner before suspending services In the event of a suspension of services,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services Before resuming services,the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's scrN,49es services,excluding termination expenses AIA Document B1027M-2007(formerly B141 w-1997 Part 1) Copyright©1917,1926,1948,1951,1953,1958,1961,1963,1966,1967 1970, 1974,1977, Init. 1987,1997 and 2007 by The American Institute of Architects All rights reserved WARNING This AIA Document is protected by U S Copyright Law and 6 International Treaties Unauthorized reproduction or distribution of this AIA" Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law This document was produced by AIA software at 15 04 04 on 07,108/2009 under Order No 1000373155_1 which expires on 9/30/2009,and is not for resale User Notes (1318936533) deleted in section 5 7.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted § 5.2 If the Owner suspends the Project,the Architect shall be compensated for services performed prior to notice of such suspension When the Project is resumed,the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's sefviees services,excluding termination expenses deleted in section 5 7 The Architect's fees for the remaining services and the time schedules shall be equitably adjusted § 5.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect,the Architect may terminate this Agreement by giving not less than seven days' prior written notice § 5.4 Either party may terminate this Agreement upon not less than seven days' prior written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination § 5.5 The Owner may terminate this Agreement upon not less than seven days'prior written notice to the Architect for the Owner's convenience and without cause § 5.6 In the event of termination not the fault of the Architect,the Architect shall be compensated for services performed prior to termination,together with Reimbursable Expenses then due and-all Tewlnifiatiafi,Biipenses as der:.,ed in ee,.t-wi 5-7--due § 5.7 afitieip,ted profit on the value of theFirviea,,not pe..v.fried by the A feltiteet § 5.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 3 and Section 6 3 ARTICLE 6 COMPENSATION § 6.1 The Owner shall compensate the Architect for services described in Section 1 1 as set forth below,or in the attached exhibit or scope document incorporated into this Agreement in Section 9 2 (Insert amount of, or basis for, compensation or indicate the exhibit or scope document in which compensation is provided far.) Schematic Design for Basic Services(Structural,Architectural,Mechanical,and Electrical) a flat rate of Sixty-Four Thousand Three Hundred Fortv Dollars($64,340) Schematic Design for Additional Services- Civil Engineeti Four Thousand Eight Hundred Forty-Four Dollars($4,844) Security Electronics Three Thousand Dollars($3,000) Cost Estimating Two Thousand Dollars($2,000) Food Service Two Thousand Five Hundred Dollars($2,500) Architect's Mark-Uri and Coordination Fee at 15% of Additional Services Amount One Thousand Eight Hundred Fifty-Two Dollars($1,852) Total Flat Fee for Schematic Design Seventy-Eight Thousand Five Hundred Thirty-Six Dollars($78 536) § 6.2 Reimbursable Expenses are in addition to compensation for the Architect's professional services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project,as follows .2 sites and e.,tfafie .3 Fees id f.O Se Gl.. ,- .,1 .f auti,an ,e tie s—wo . r ,.t pa .a"YY` t ' t4 the p , AIA Document 13102T*4—2007(formerly B141 T"—1997 Part 1) Copyright©1917,1926,1948,1951,1953,1958,1961,1963,1966,1967 1970, 1974,1977, Init. 1987 1997 and 2007 by The American Institute of Architects All rights reserved WARNING This AIA®Document is protected by U S Copyright Law and 7 International Treaties Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law This document was produced by AIA software at 15 04 04 on 0 710 8/2 0 09 under Order No 1000373155_1 which expires on 9/3 012 0 0 9,and is not for resale User Notes (1318936533) ,4 Printing,reproductions,plots,standard form documents; .5 Postage,handling and delivery, .6 Expense of 94 eAifne wii)Ai requinng higher-than FegulaF Fates,if authefiFed 4A a&'aRee by the Owli Rendeitrigs�,-.7 Material and supply expenses for renderings,models,mock-ups,professional photography, and presentation materials requested by the Owner, .8 .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses,and .11 Other similar Project-related e*peR es expenditures,as approved m advance by the Owner § 6.2.1 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus an administrative fee of ten( 10%)of the expenses incurred R 6.3 COMPENSATION FOR USE I ARCHITECT'S INSTRUMENTS AE SEcinrE § 6.4 PAYMENTS TO THE ARCHITECT § 6.4.1 An initial payment of zero($0)shall be made upon execution of this Agreement and is the immmum payment under this Agreement It shall be credited to the Owner's account in the final invoice § 6.4.2 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed Payments are due and payable upon presentation of the Architects invoice Amounts unpaid thirty(3)days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon,) § 6.4.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect,or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding § 6.4.4 Records of Reimbursable Expenses and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 This Agreement shall be governed by the law of the place where the Project is jaea4ea e3wept that if the...,.,.e.. -43-located § 7.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2007,General Conditions of the Contract for Construction. § 7.3 The Owner and Architect,respectively,bind themselves,their agents,successors,assigns and legal representatives to this Agreement Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other,exieept thi the i may assign this Agreement to a 1@nder providing finaneing f49r the PrajeC4 if the lendeF agli to assume the ii a other § 7,4 If the Owner requests the Architect to execute certificates,the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender,the Architect shall execute Init. AIA Document Bli—2007(formerly B141 ni—1997 Part 1) Copyright 01917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977, 1987,1997 and 2007 by The American Institute of Architects All rights reserved WARNING This AIA'Document Is protected by U S Copyright Law and 8 International Treaties Unauthorized reproduction or distribution of this AIA' Document,or any portion of it,may result In severe civil and criminal t penalties,and will be prosecuted to the maximum extent possible under the law This document was produced by AIA software at 15 04 04 on 07108,2009 under Order No 1000373155_1 which expires on 9/30/2009,and is not for resale User Notes (1318936533) all such consents that are consistent with this Agreement,provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution The Architect shall not be required to execute certificates or consents that would require knowledge,services or responsibilities beyond the scope of this Agreement § 7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect § 7.6 Unless otherwise required in this Agreement,the Architect shall have no responsibility for the discovery, presence,handling,removal or disposal of,or exposure of persons to,hazardous materials or toxic substances in any form at the Project site § 7.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials The Architect shall be given reasonable access to the completed Project to make such representations However,the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary The Q neF`hall praN ide prefessiona eredit f^q § 7.8designated "busin&s prepr4etary,"the reeeiving pany shall keep such ififermation stfietly eanfidential aftEl shall not disclose it 4) any other person except te(l)As emp!a yee,;, (2)these Aihp 4;PF-d to know tlip P;RtRFA Of SI-iPh.1B.441PRA41 OR 14; Gfd@F tO 1 a simf, ionsh of a.,,...t �' ...F..r..,....,... Ttus Agreement and any referenced documents or exhibits represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations representations or agreements either written or oral All of the documents referenced and incorporated herein are made a part of this Agreement However should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement,the terms of this Agreement shall prevail This Agreement may be amended only written instrument signed by both Owner and Architect 47.9 The parties intend that an Independent Contractor-Emplover Relationship be created by this Agreement By their execution of this Agreement and in accordance with Ch 5108 RCW the parties make the following representations A The Architect has the ability to control and direct the performance and details of its work,the City being interested onlv in the results obtained under this Agreement B The Architect maintains and pays for its own place of business from which Architect's services under this Agreement will be performed C The Architect has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Architect's services,or the Architect is engaged m an independently established trade,occupation,profession,or business of the same nature as that involved under this Agreement D The Architect is responsible for film as s they become due all necessary tax documents with appropnate federal and state agencies,including the Internal Revenue Service and the state Department of Revenue, E The Architect has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Architect's business,and has obtained a Unified Business Identifier(UBI)number from the State of Washington F The Architect maintains a set of books dedicated to the expenses and earnings of its business $7.10 In the hiring of employees for the performance of work under this Aereement or any subcontract,the Architect or any person acting on behalf of the Architect shall not,by reason of race,religion,color,sex,age,sexual orientation,national onoin, or the presence of any sensory,mental,or physical disability,discriminate against any person who is qualified and available to perform the work to which the employment relates Architect shall execute AIA Document B102TM—2007(formerly B141* —1997 Part 1) Copyright©1917,1926,1948,1951,1953,1958,1961,1963,1966,1967 1970, 1974,1977, Init. 1987,1997 and 2007 by The American Institute of Architects All rights reserved WARNING This AW Document is protected by U 5 Copyright Law and 9 International Treaties Unauthorized reproduction or distribution of this AIA$ Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law This document was produced by AIA software at 15 04 04 on 07/08/2009 under Order No 1000373155_1 which expires on 9/30/2009,and is not for resale User Notes. (1318936533) the attached City of Kent Equal Employment Opportunity Policy Declaration Comply with City Administrative Policy 12,and upon completion of the contract work file the attached Compliance Statement §7.11 Architect shall defend,indemnify,and hold the Owner,its officers officials employees agents and volunteers harmless from any and all claims,injuries,damages,losses or suits including all legal costs and attorney fees arising out of or in connection with the Architect's performance of this Agreement except for that portion of the injuries and damages caused by the Owner s negligence The Owner's inspection or acceptance of any of Architect's work when completed shall not be grounds to avoid any of these covenants of indemnification Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4 24 115.then in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent nefili ene ce of the Architect and the Owner, its officers,officials,employees,agents,and volunteers.the Architect's liability hereunder shall be only to the extent of the Architect's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE ARCHITECT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE,TITLE 51 RCW SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER The provisions of this section shall survive the expiration or termination of this Agreement §7.12 The failure of the Owner to insist upon strict performance of any of the covenants and agreements contained in this Agreement or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants,agreements,or options,and the same shall be and remain in full force and effect §7.13 All communications regarding this Agreement shall be sent to the parties at the addresses listed on the cover page of the Agreement,unless notified to the contrary. Any written notice hereunder shall become effective three(3) business days after the date of mailing by registered or certified mail,and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing §7.14 The Architect agrees to comply with all federal,state, and municipal laws, rules,and regulations that are now effective or in the future become applicable to Architect's business,equipment,and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations ARTICLE 8 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: None ARTICLE 9 SCOPE OF THE AGREEMENT § 9.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations,representations or agreements,either written or oral This Agreement may be amended only by written instrument signed by both Owner and Architect. § 9.2 This Agreement is comprised of the following documents listed below. .1 AIA Document B 102-2007, Standard Form Agreement Between Owner and Architect .2 AIA Document E201-2007,Digital Data Protocol Exhibit,if completed,or the following .3 Other documents- (List other documents, including the Architect's scope of services document, hereby incorporated into the Agreement) AIA Document B102T14—2007(formerly 13141 Ta—1997 Part 1) Copyright 0 1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977, Init. 1987 1997 and 2007 by The American Institute of Architects All rights reserved WARNING This AIA®Document is protected by U S Copyright Law and International Treaties Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal 1 t penalties,and will be prosecuted to the maximum extent possible under the law This document was produced by AIA software at 15 04 04 on 07�08,/2009 under Order No 1000373155_1 which expires on 9/30/2009,and is not for resale User Notes (1318936533) This Agreement entered into as of the day and year first written above OWN TE Sag ah e gnat ire) Su tte Co ke Ma or Peter T S Rasmussen,FAIA-Pnncmal ranted name and title) (Printed name and title) AIA Document B102*^r—2007(formerly B141 TM—1997 Part 1) Copyright 0 1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977, Init. 1987 1997 and 2007 by The American Institute of Architects Ail rights reserved WARNING This AW Document is protected by U S Copyright Law and 1 y International Treaties Unauthorized reproduction or distribution of this AIA! Document,or any portion of it,may result in severe civil and criminal l penalties,and will be prosecuted to the maximum extent possible under the law This document was produced by AIA software at 15 04 04 on 07�08,12009 under Order No 1000373155_1 which expires on 9/30/2009,and is not for resale User Notes: (1316936533) Certification of Document's Authenticity AIA® Document D401 TM - 2003 I,Tom Brubaker,City Attorney,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with this certification at 15 04 04 on 07/08/2009 under Order No 1000373155_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document B 102TM—2007-Standard Form of Agreement Between Owner and Architect without a Predefined Scope of Architect's Services, as published by the AIA in its software.other than changes shown in the attached final document by underscoring added text and striking over deleted text (Signed) (Title) l 10q (Dated) AIA Document D401TM-2003 Copyright 01992 and 2003 by The American Institute of Architects All rights reserved WARNING This AIA°Document Is protected by US Copyright Law and International Treaties Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law This document was produced by AIA software at 15 04 04 on 07i08/2009 under Order No 1000373155_1 which expires on 9/30/2009,and is not for resale User Notes (1318936533) Exhibit A Kent Jail Upgrade ART Job#0909 Fee Estimate-Average of high and low-range cost estimates June 4,2009 ($) ($) (S) 4,629,752 10 69%basic fee,based on current WA state fee schedule 494,920 (8.69% fee for Schedule'B'project+2% remodel factor) Basic Services Additional Services Sub-Total by Phase 13% Schematic Design 64,340 15,130 79,470 20% Design Development 98,984 23,277 122,261 36% Construction Documents 179,171 41,899 220,070 2% Bidding and Negotiation 9,898 2,328 12,226 27% Construction 133,629 31,424 165,052 2% Project Closeout and Completion 9,898 2,328 12,226 Totals 494,920 116,385 611,305 Additional Services Provided by ART�estimated A Additional Construction Administration,- 1/4 FTE 70,500 (Brings ART effort to 3/4 FTE throughout constructic Additional Services Provided by Sub-consultants-estimated B Civil Engineering 15,500 (Geo-tecludcal and Civil surveys by City of Kent) C Security Electronics 10,000 D Cost Estimating 4,400 E Reimbursables(ART and all subs).Allowance 10,000 Sub-total 39,900 F 15%ART Mark-up(Includes coordination by ART) 5,985 Additional Sub-consultant Services Sub-total 45,885 Total Additional Services-estimated 116,385 Total Design Services-estimated 611,305 AL-G-me ±:+ R02/03 2 /739 @ S # 2 \ � E mm \ uu ( \ / o\ ` 0 9 [/` R ` \ o ] � w � / \ 4Q / / / 2 / d \ / to ./ - } � ? � 60 ƒ & � • and Ix ■ ° Z © � em \ \ \ cn / \ ƒ / d \ \ \ \ \ k cc EXHIBIT C. INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 1185. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: EXHIBIT G (Continued ) 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the EXHIBIT C (Continued ) additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. CERTIFICATE OF LIABILITY INSURANCE DATE(MMfDOM/YY) 07127/2009 PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION MARSHA F MOODY INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 6706 24TH ST W HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR O UNIVERSITY PL WA 98466 -- ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A S_teto Fnrm�Fine and Casualty Company 25143 25143 ARCHITECTS RASMUSSEN INSURER B TRIEBELHORN AIAIPS INSURER C _ 9 SAINT HELENS AVE NSURER TACOMA WA 98402-2800 INSURER E w COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE SEEN REDUCED_BY PAID CLAIMS ___ INSR ADD' POLICY NUMBER POLICY EFFECTIVC POLICY FJlPIRgTiON OMITS LTR A II TYPE OF IN4URANCE DATE MM7dOfYYYY DhTE MM/DD/YYW IN x GENERAL LIABILITY 98 71 6172 8 0610117009 0810112010 FA(.H OCCURRENCE __ E 500,000 rALtAtWTt5-Kn 0— X r,�MMERCIAL rENERAI LIADILITY PREMISES rF.q ocrur r ) S 500,000 cl AIMS MADE I X nOrl IR MED r_XP Any nnR rn7onl x 5,000 rERSONA_L a,ADV INAIRY a 500,000 GENERAL ACCREGATE 5 1,000,000 GENT AWRRCATEIIMITAPPIIFSPCR PRrinur IS COMP/OP AGG T. 1,000,000 X 1 POI ICV PRO- LOC $ AUTOMOBILE LIADILITY CCMRINEf,Ii1N(I E OMIT I B ANY Al'TO (En ncr•MonN • ,,. .. ALL O�NEtt Al ITAS BODILYINJURY —' (Per oereat) S _ SCHEDULED AUTOS — HIRED AUTOS 90DILY INJURY NON-UWNFD AUTOS (Per RoxIdanl) - `Y PROPERTY DAMAGE i - (Prnr Rack ent) GARAGE LIARILWY AUTO ONLY.--EA ACCIDENT E - ANY AUTO OTHER THAN EA ACC R AUTO ONLY' AGO $ Pa(CE951 UMBRELLA LIABILITY 98 BL 2629 4 F EACH OCCURRENCE T 2.000,000 OMI,IR f J CLAIM:MADE hGGRECATE 0412012GUS M012010 _ 8 DEDUCTIBLE RETENTION S i WORKERS COMPENSATION AND RTATU- U H• EMPLOYERS'LIABILIN TORV LIMITS,__ FR -_ ANY PROPRIETORIPARTNER!EXECUTN[� E L EACH ACGIDFNT 3 OFFICERIMEMBER EXCLUDED? ((Mandatory In NH) E L DISEASE_•EA EMPLOYE If Yes dRwb-Indr F,I„DISEASE-POLICY LIMIT S OTHFR DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ARCHITECTS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF KENT DATE THEREOF.THE ISSUING INSURER WILL ENDEAVOR TO MAIL 45 DAYS VJRITTEN CORRECTIONS FACILTX PROJECT NOTICR TO THE CERTIPIrATF_HOLDER NAMED TO THE LEFT,WlY FAILURE TO DO SO SHALL 220 4TH AVE S IMPOSE NU OBLIGATION OR IJA RILITY OR ANY KIND UPON THE INSURER ITS AGENTS OR KENT 11VA 98032. REPRESENTATIVFS AUTHOR17W RE RCSENTATIVE ACORD 75 120136/01) CJ 112LB-2002 AC OP, 'OPP RATION. All rtahts roserved_ ThP ACORD name and logo are reglctered marks of ACORD IfrOiAdo" 132849 3 04-015-2C)66 JUL-28-2009 12:03 P.02/03 CI t#:62549 ARCHIRASM ACOM CERTIFICATE OF LIABILITY INSURANCE o�/28,o D`Yn"' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Euclid Insurance Services,Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 234 Spring Lake Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Itasca,IL 60143 630 694.3700 INSURERS AFFORDING COVERAGE NAIC N INSURED INSURERA Nflt'I Casualty(A&E) 11991 Architects RasmussenTriebelhom,AIA/PS INSURERe 09 ST.Helens Avenue INSURER C Tacoma,WA 98402 INSURER INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIRFJNEN T.TERM OR CONDITION OF ANY CONTRACTOR O THER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS POLCYEFFECnV6 OLICY 1IPRUITION LIMITS TYPE OF INSURANCE POLICYNUMBER DATFIMM1DDrfY1 DATE IM100001 GENERALLIABEJTY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED S CLAIMS MADE OCCUR MED EXP(Any we person) $ PERSONAL LADY INJURY S GENERAL AGGREGATE S GENL AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGO S POLICY PRO LOG AUTOMOBILE LIABLITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea ezldenll ALL OWNED AUTOS BODILY INJURY = SCHEDULED AUTOS (Par perem) HIREDAUTOS BODILY INJURY $ NON-OWNED AUTOS (Par wcIdwil PROPERTY DAMAGE $ )Per acridenl) GARAGELABILITY AUTDONLY EAACCIDENT S ANY ALTO OTHERTHAN EA ACC $ AUTO ONLY AGG $ EICESSIUMB BELLA LIABRJ7Y EACH OCCURRENCE S OCCUR CLAIMS MADE AGGREGATE S $ DEDUCTIBLE S RETENTION S S WC STATU- OTH• WORKERS COMPENSATION AND L MITI ENPLMRS'LIABILITY EL EACH ACCIQENT S ANY PROPRIETOMPARTNERIEXEGUTIVE OFFICERIMEMBER EXCLUDED? EL DISEASE•EA EMPLOYEE $ Rya F,AL PROVISIONS SPEGIAI PROVISIONS Below EL DISEASE•PpiICYLIMT $ A OTHER Professional AR00003038 12131/08 12/31/09 Each Claim $1,000,000 Liability Ann Agg$1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OFTHE ABOVE DESCRIBED POLICES RE CANCELLED BEFORETHE EXPIRATION City ofKent OATETHEREOF•THE ISSUING INSURER WALLENDEAVORTOMAIL _30_ DAYS WRITTEN 220 4th Avenue South NOTICE TO THE CERTIFICATE MOLDER NAMED TO THE LEFT,BUT FAILURE TO GO 50 SHALL Kent,WA 98032 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KNO UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE ACORD 25(2001108)1 of 2 #270176 HXW a ACORD CORPORATION 1988 1 •VV VJ ' Rd� SECTION II ADDITIONAL INSURED ENDCRSEMP.NT t�aliryNo.:' 9B-9i�61T7-B Nxdn41%[pawed.. AkCMT=9 WMIISe>libr ' 2'R'�lS762rI+ACR70 XL71JP8 Addttfonal fnsumd(Inducts pddr428)! c2'rx Ci 7r2wt COkR�ClSOFTB JPACI1r177f PROSBCT 220. 4. ,x AVL '6 7:L7ty .95012 WHO IS AN ANSUREo,under SECTION 11 DESIGNATION OF INSURED,is mended to include es an i-Mrw Iho Mditbrtsr injured ®flacon ebova, but only!o ZM sxtrnt that llebiflry to Imposed on that Addl9onal ftsurW salary because of ydur work performed for that Pddlllanal 1nWred shown above. Any insurance pmvirsed to the A:Iditnal Insured strM ordy apply with respect to B claim rrade,or 9 suit brcwghl far Canapes for whtth you are pWaw coverage, The Pdrrtary lrnumnae careNge bebrr Opole$only when Huse is an'r in the box. 0 primary ImrtlrB e& Tha Insumnee provided b the AdCltlonol IMBUMO shown above shoo be prtMr y inN"nce. arty insu UM caaft%d by the Additrord Insured shall be noncartlrlbutory wMh Mp :1 to osvewa prevbbp to you. All other poll y provisions apply. rB.sec ►rmMa to"A TOTAL P.03 JUL-28-2009 12:09 P.03r03 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the pobcy(iss)must be endorsed Astatement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain polices may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s) DISCLAIMER The CoMficate of Insurance on the reverse side of this form does not constitute a contract between the issuing rnsurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the polices listed thereon i TOTAL P.03 1 REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: Charlie Lindsey Phone (Originator): 5081 Date Sent: 7/22/2009 Date Required: 7/28/2009 Return Signed Document to: Rosalie CONTRACT TERMINATION DATE: Se t,3.0_ 09 VENDOR NAME: Architects DATE OF COUNCIL APPROVA!; 7/21/2009 -` Ras mussen,Triebelhorn, AIA/ s Brief Explanation of Document: Architect agreement for schematic design for the City of Kent Corrections Upgrade. Addition and remodel of booking, medical and staff areas. RECEIVED JVL All Contracts Must Be Routed Through The Law Departmef8 City of Kent t (This area to be completed by the Law Department) 0 Received: /IGN Cry Approval of Law Dept.: old R`-' EIVL L� Law,Ge t. Comments: liAz 1, ut KEN Li� r Dat For w�ar ed to Mayor: )" )j C Shaded Areas To Be Completed By Administration Staft lL Received: Recommendations and Comments: 1 Jl;L 3 0 2009 f--L aA Disposition: ���` qTY Of KENT CIr CLERK Date Returned: