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HomeMy WebLinkAboutPK10-077 - Original - Broderick Architects PLLC - Centennial Center Third Floor Tenant Improvement Project - 04/14/2010 Records Man--a`aOg' ernent KENT Document WASHINGTON 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: Broderick Architects PLLC Vendor Number: 35125 JD Edwards Number Contract Number: Fk/O - 07�7 This is assigned by City Clerk's Office Project Name: Tenant Improvement Project Centennial Center Third Floor Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 4/14/2010 Termination Date: 6/14/2010 Contract Renewal Notice (Days): 90 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.): 400 W. Gowe S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 c A0110 =-- -=AI Document B102'" - 2007 Standard Form of Agreement Between Owner and Architect without a Predefined Scope of Architect's Services AGREEMENT made as of the day of in the year2010 (In words, indicate day, month and year) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner- added information needed for its (Name, legal status, address and other information) completion The author may also have revised the text of the original City of Kent Facilities AIA standard form An Additions and 220 4'h Avenue South Deletions Report that notes added Kent,Washington 98032 information as well as revisions to the standard form text is available from and the Architect: the author and should be reviewed A (Name, legal status, address and other information) vertical line in the left margin of this document Indicates where the author Broderick Architects PLLC has added necessary information 55 South Atlantic Street,Suite 301 and where the author has added to or Seattle,Washington 98134 deleted from the original AIA text This document has important legal consequences Consultation with an for the following Project: attorney Is encouraged with respect (Name, location and detailed description) to Its completion or modification City of Kent Economic/Community Development Tenant Improvement, Third floor of the Centennial Building 220 4`h Avenue South Kent,Washington 98032 See Attached Exhibit A for detailed description. The Owner and Architect agree as follows. Itt7I. AIA Document B102--2007(fonnedy B'141" -1997 Part 1) Copyright O 1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977, 1987,1997 and 2007 by The American Institute of Architects All nghts 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 t penalties,and will be prosecuted to the maximum extent possible under the law This document was produced by AIA software at 16 01 17 on 0310312010 under Order No 1000391991_1 which expires on 0311812010,and is not for resale User Notes (1966430511) TABLE OF ARTICLES 1 ARCHITECT'S RESPONSIBILITIES 2 OWNER'S RESPONSIBILITIES 3 USE OF ARCHITECT'S INSTRUMENTS OF SERVICES 4 DISPUTE RESOLUTION 5 TERMINATION OR SUSPENSION 6 PAYMENTS TO THE ARCHITECT T MISCELLANEOUS PROVISIONS 8 SPECIAL TERMS AND CONDITIONS 9 SCOPE OF THE AGREEMENT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES § 11 The Architect shall provide the following professional services: (Paragraph deleted) The services performed shall be as enumerated hereinafter and as further described in the attached and incorporated 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 authorized 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 this Project § 1.5 The Architect shall maintain the following insurance for the duration of this (Paragraphs deleted) Agreement and shall provide certificates and endorsements as Exhibit D to this Agreement. .1 General Liability Commercial General Liability insurance written on an occurrence basis with limits no less than $ 1,000,000 combined single limit per occurrence and$2,000,000 aggregate for personal injury, bodily injury and property damage Coverage shall include but not be limited to blanket contractual,products/completed operation/broad from property damage;explosion,collapse and underground(XCU)if applicable,and employer's liability,and The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against who claim is made or suit is brought,except with respect to the limits of the insurer's liability The Consultant's insurance shall be primary insurance as respects the City and the City shall be toil AIA Document B102TM —2007(formerly B141-—1997 Part 1) Copynght®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 Unauthonzed 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 16 01 17 on 03103/2010 under Order No 1000391991_1 which expires on 03/18/2010,and is rid for resale User Notes (1966430511) I given thirty(30)days prior written notice by certified mail,return receipt requested,of any cancellation,suspension or material changed in coverage .2 Automobile Liability I Automobile Liability insurance with limits no less than$1,000,000 combined single limit per 1 accident for bodily injury and property damage,and .3 Professional Liability (Paragraph deleted) Professional Liability insurance with limits no less than$1,000,000 limit per occurrence Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant.The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant 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 the required insurance policies. 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 Project,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 § 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 accordance with Section 2.1 in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services § 2.3 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request,the Owner shall furnish copies of the scope of consulting services in the contracts between the Owner and the Owner's consultants § 2.4 The Owner shall furnish all legal, insurance and accounting 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,omissions or inconsistencies in the Architect's instruments of Service ARTICLE 3 USE OF ARCHITECT'S INSTRUMENTS OF SERVICE Drawings,specifications and other documents, including those in electronic form,prepared 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 any 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 ARTICLE 4 DISPUTE RESOLUTION Should any dispute,misunderstanding,or conflict arise as to the terms and conditions contained in this Agreement,the matter shall first be referred to the Owner,and the Owner shall determine the term or provision's true intent or AIA Document B102T"-2007(formerly B141"'-1997 Part 11 Copynght(5 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 3 International Treaties Unauthorized reproduction or distribution of tins 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 16 01 17 on 0310312010 under Order No 1000391991_1 which expires on 03l18I2010,and is not for resale User Notes (1966430511) 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 any dispute,difference, or claim arising 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 Jurisdiction of the King County Superior Court,at the Maleng Justice Center located in King County,Washington,unless the parties agree in writing 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 attorney's fees incurred in defendant or bringing such claim or lawsuit,in addition to any other recovery or award provided by law,provided,however,nothing in this paragraph shall be construed to limit the Owner's right to indemnification under Section 1.12 of this agreement (Paragraphs deleted) 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(7)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 the time schedules shall be equitably adjusted. § 5.2 If the Owner suspends the Project,the Architect shall he compensated for services performed prior to notice of such suspension,and the time schedules shall be equitably adjusted upon resumption of the project. § 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' written notice § 5.4 Either party may terminate this Agreement upon not less than seven days'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'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 and Reimbursable Expenses performed prior to termination. § 5.7 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 ARTICLE 6 PAYMENTS TO THE ARCHITECT (Paragraphs deleted) § 6.1 The Owner shall compensate the Architect for basic services as described in the attached exhibit or scope document incorporated into this Agreement (Paragraphs deleted) in in Exhibit A in an amount not to exceed$29,800.00 to be billed monthly at the rates set forth in the attached rate schedule § 6.2 (Paragraphs deleted) REIMBURSABLE EXPENSES § 6.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project,as identified in the following Clauses .1 Transportation in connection with the Project and,authorized out-of-town travel and subsistence; AIA Document B102TM—2007(forinedy B141^ —1997 Part 1) Copyright @ 1917 1926 1948,1951 1953,1958,1961,1963,1966,1967,1970, 1974,1977, InIL 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 4 International treaties Unauthorized reproduction or distribution of this AIA' Document,or any portion of d,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 16 01 17 on 03/03/2010 under Order No 1D00391991_1 which wpres on D3/1 812 0 1 0 and is not for resale User Notes. (1966430511) 2 reproductions,plots,standard form documents,postage,handling and delivery of Instruments of Service, .3 material and supply expenses for renderings,models and mock-ups requested by the Owner; .4 other similar direct Project-related expenditures as approved in advance by the Owner, § 6.3 (Paragraphs deleted) For Reimbursable Expenses the compensation shall he the expenses incurred by the Architect and the Architect's consultants plus an administrative fee of ten percent( 10 %)of the expenses incurred. § 6 4 PAYMENTS ON ACCOUNT OF BASIC SERVICES Payments for Basic Services shall be monthly § 6.5 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. § 6.6 PAYMENTS WITHHELD No deductions shall be made from the Architect's compensation on account of penalty,liquidated damages or other sums withheld from payments to contractors,or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable § 6.7 ARCHITECT'S ACCOUNTING RECORDS Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of hourly rates shall be provided to the Owner or the Owner's authorized representative upon Architect's submittal of its Certificates for Payment (Paragraphs deleted) ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. § 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,current as of the date of this Agreement. § 7.3 The Owner and Architect,respectively,bind themselves,their partners,successors,assigns and legal representatives to the other party to this Agreement and to the partners,successors,assigns and legal representatives of such other party with respect to covenants of this Agreement Neither the Owner nor the Architect shall assign this Agreement without the written consent of the 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 The Architect shall not be required to execute certificates 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 thud party against either the Owner or Architect § 7.6 Unless otherwise required in this Agreement,the Architect and Architect's consultants 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 AIA Document B102" —2007(formerly 13141 m—1997 Part 1).Copyright O 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 nghts reserved WARNING This AIA®Document is protected by US Copyright Law and 5 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 16 01 17 on 03I0312010 under Order No 1000391991_1 which expires on 0311812010,and is not for resale User Notes: (1966430511) § 7.8 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statues of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion in no event shall such statues of limitations commence to run any later than the date when the Architect's services are substantially completed § 7.9 This 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 apart 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 maybe amended only by written instrument signed by both Owner and Architect. § 7.10 The parties intend that an Independent Contractor-Employer Relationship be created by this Agreement and that the Architect has the ability to control and direct the performance and details of its work,the Owner being interested only in the results obtained under this Agreement § 7.11 In the hiring of employees for the performance of work under this Agreement 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 origin,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 the attached City of Kent Equal Employment Opportunity Policy Declaration(Exhibit B) Comply with City Administrative Policy 1 2.,and upon completion of the contract work,file the attached Compliance Statement(Exhibit Q. § 7.12 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 suds,including all legal costs and attorney fees,arising out of or in connection with the Architect's negligent performance of this Agreement,except for that portion of the injuries an 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 negligence 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 CONSTITUES 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. § 7.13 The failure of the Owner to insist upon strict performance of any of the covenants and agreements contained in this Agreement,or to exercise in 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. § 714 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 be registered or certified mad,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. § 7.15 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 MiF. AIA Document B102TM-2007(formerly B141--1997 Part 1) Copynght O 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 AIAe Document is protected by US 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 16 01 17 on 0310312010 under Order No 1000391991_1 which expires on 0311812010,and is not for resale User Notes, (1966430511) 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 docitiments listed below. (Paragraph deleted) This standard form agreement as amended,and (Paragraphs deleted) Broderick Architect Proposal Dated December 15,2009,Exhibit A,and Kent Equal Employment Opportunity Policy,Exhibit B;and Compliance Statement,Exhibit C,and Insurance Certificates and Endorsements,Exhibit D(to be supplied by Architect). This Agreement entered into as of the day and year first written above. OWNER ARCHITECT (Signat (Sign ure) Su Kevin Broderick (Printed name and title) (Punted name and true) AIA Document 181021e-2007(formerly 131411e-1997 Part 1) Copyright O 1917,1928,1948,1951,1953, 1958,1961,1963,1966,1967,1970, 1974,1977, IntL 1987,1997 and 2007 by The Amencan Institute of Architects All rights reserved.WARNING This AIAe Document is protected by US Copyright Law and International Treaties Unauthorized reproduction or distribution of this AIAe Document,or any portion of t,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 ALA software at 16 01 17 on 0=312010 under Order No 1000391991_1 which expires on 0 3/1 8120 1 0,and is not for resale User Notes (1966430511) BRODERICK ARCHITECTS December 15, 2009 Mr. Charlie Lindsey City of Kent Facilities 220 4th Avenue South Kent, Washington 98032 RE: City of Kent: Economic/ Community Development Tenant Improvement (REVISED) Dear Charlie, Broderick Architects is pleased to submit this proposal for Architectural Design Services associated with the Economic /Community Development Tenant Improvement located on the Third Floor of the City of Kent Centennial Center. Enclosed you will find• 1) Project Description 2) Proposed Scope of Services 3) Fee Schedule PROJECT DESCRIPTION Pursuant to our initial meeting with Ben Wolters on June 6, 2009, the project will involve the integration of three departments, which will all reside on the Third Floor of the Centennial Center. According to my meeting notes, Ben, Kurt Hanson, Julie Pulliam along with the Development Engineering Group, led by Mike Gillespie and 9 staff will be moving into approximatel,- ) 400 square feet on the southwest corner of the 3`d floor of Cliy of Kc Centennial Center which is currently somewhat underutilized by the Planning Service (Fred Sanrstrom). The basic program calls for three new hard walled offices (Ben, Kirk and ;v,ike) and cubicles uO accommodate both tke new and existing staff members. The third element of+h- Economic i Community Development group is Building Services and they are currently already located on the Third Floor of the Centennial Building Initial design sketches involved vacating the existing Lunch Room and Computer Lab but this avenue was deemed not viable. During a subsequent meeting with you and Ben on June 24, 2009 and a follow up meeting with Fred Satterstrom on July 1, 2009, the possibility of switching the Police Detectives and Building Services was discussed The thought was to allow all of Economic/Community Development to be located in one common space and not just on the same floor, separated by the corridor In addition, the Police Detectives will also be occupying the space currently occupied by the Fire Detectives (which are relocating to the 4" Floor- not part of this proposal). SCOPE OF SERVICES We recommend that the overall design services be broken into the following three phases: Phase One - Schematic Design 1 . Detailed building analysis and documentation of the existing space, structural elements, wall construction, voice and data jacks, and electrical outlets 2. Coordinate with the Economic /Community Development to review program requirements and the specific details of the project. Mr. Charlie Lindsey December 15, 2009 page 2 3. Meet and discuss the current "rough" space plan with Building Services and Police Detectives to refine the program design parameters and develop a refined space plan 4. Develop of a series of preliminary floor plans and interior elevations for review and comment by the tenant 5. Provide an estimated cost of construction. Phase Two - Construction Documents 1. Refine and develop approved floor plans, reflected ceiling plan and interior elevations. 2. Prepare Construction Documents necessary for permitting and construction of the project. 3. Develop the outline specifications 4. Coordinate with the bid process in obtaining competitive quotes to have the project constructed 5. Prepare documents for building permit application. 6 Submit the Construction Documents to the City of Kent Development Services. 7. Assist in revising the estimated cost of construction Phase Three - Construction Administration 1 . Coordinate with Development Services to keep the project moving and on track once submitted 2. Provide periodic on-site observation to review the progress and quality of construction. 3. Provide timely responses to questions as they develop in the field 4. Prepare construction memos, certifications of payment, certificate of substantial completion and final punchlist. FEE A. Architectural Services: The fee for Phase One, Phase Two and Phase Three described above would be based on hourly rates not to exceed $29,800.00. The above fee includes $4,058 75 of fees previously invoiced for programming and design options for this project. Hourly rates for this project are as follows: Principal - at a rate of $95 00 per hour. Staff Architect - at a rate of $80 00 per hour. Technical Level II - at a rate of $65 00 per hour Technical Level III - at a rate of $55 00 per hour. The breakdown of services described above will be divided approximately as follows: Phase One - 40% Phase Two - 60% Phase Three— 12% Total 100% B. Assumptions: To control our cost and keep our fees as competitive as possible we have made the following assumptions: Mr. Charlie Lindsey December 15, 2009 page 3 1. Broderick Architects will work directly with Mr Charlie Lindsey or another authorized project representative of the Tenant 2 All fees noted are exclusive of standard reimbursable expenses. These include all printing, plotting, reproduction, telephone, special mailing charges, etc. 3. Broderick Architects is relying solely on the information provided by the City of Kent and a visual inspection of the facilities as a basis for performing the requested design services. Any unforeseen conditions encountered within the existing site conditions along with any owner-initiated revisions to the accepted design, will be tracked and billed on an hourly basis. C. Consulting Services 1. Electrical Engineering will be handled with a performance specification /bidder design. 2. Broderick Architect's coordination with your furniture vendor regarding the furniture system is included in the basic architectural services. D. Services not included as part of this proposal: 1 Permit fees, special inspections, survey, or public meeting presentations. 2. Detailed estimates of construction cost. 3. Work resulting from major changes following acceptance of the design. Please keep in mind that the staff at Broderick Architects is very flexible and service oriented. You may decide you do not wish us to perform all of the recommended services listed above. We will gladly work with you to revise the fee based on your specific requirements. Charlie, we are prepared to proceed immediately with this pro-iect and are excited about the opportunity to work with you on the Economic /Community Development Tenant Improvement. If you have any questions or require any additional information, please call. Sincerely, ! Kevin J. Broderick, AIA i I DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any i contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to ees and subcontractors indicating commitment as an equal opportunity all new employ g q pp Y employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of '" 6/ t 12010 . By: For: rac .YlcYC,�I��G�S Title: IJW"-e, On I od Date: Maxcl\ C 2,0W EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: i Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 IE�+k,bcc C CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of T 7r01rU/1I�eC�S Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known asL�OROYY44, 0Pt1 VjVfzz_1%Aewas entered into on the (date), between the firm I represent and the City of j Kent. I I declare that I complied fully with all of the requirements and obligations as outlined in the City I of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of V"`�►</� , 20�_. By: � For: �31rode4lick t y&W+eCl_3 LI Title: )"'f2-1VnV1GLP& n Date: VV`o y-e-k i EEO COMPLIANCE DOCUMENTS - 3 Client#: 63975 BRODEARCH ACQRD,M CERTIFICATE OF LIABILITY INSURANCE 0225//10D'YY'") ' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Euclid Insurance Services, Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 234 Spring Lake Drive HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P 9 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Itasca,IL 60143 630 694-3700 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER Nat'l Casualty(A&E) 11991 Broderick Architects,PLLC INSURER B 55 South Atlantic Street, Suite 301 INSURER C Seattle,WA 98134 INSURER D INSURER E 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 IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS POLICY EFFECTIVE POLICY EXPIRATION LTR INSRE TYPE OF INSURANCE POLICY NUMBER DATE MMIDD DATE IMM0131M LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ CLAIMS MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ JECT POLICY PRI LOG AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIREDAUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHERTHAN EA ACC $ AUTO ONLY AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC STATU-LIMI OTH- EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $ OFFICERIMEMBER EXCLUDEDn EL DISEASE-EA EMPLOYEE $ nder S yes describSPECIAL PROVISIONS � SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ A OTHER Professional AR00003635 02/23/10 02/23/11 Each Claim$1,000,000 Liability Annual Agg.$1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS 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 A0 DAYS WRITTEN 220 4th Avenue South NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Kent,WA 98032 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE -jaJr [Z� ACORD 25(2001108) 1 of 2 #S286345/M286344 SMW © ACORD CORPORATION 1988 a 1 T IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed A statement 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 policies 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 Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing msurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ACORD 25S(2001108) 2 of 2 #S286345/M286344 REQUEST FOR MAYOR'S SIGNATURE • Please Fill in All Applicable Boxes KENT Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) LO Originator: Charlie LindseyPhone (Originator): 5081 J Date Sent: 4�971201-9- If t!;- Date Re wired;-4/14/2010- 20 Return Signed Document to: Rosalie CONTRACT TERMINATION DATE: 6/6/2010 VENDOR NAME: Broderick Architects DATE OF COUNCIL APPROVAL: 4/6/2010 PLLC Brief Explanation of Document: Agreement with Broderick Architects to perform architectural services for Centennial Building Tenant Improvement projects. 3r4 ov- DQ �f�ve s`?mac e All Contracts Must Be Routed Through The Law Department - ryTFSP�RP (This area to be completed by the Law Department) Received: ,�':__ � Approval of Law Dept.: r J 2 City of "ten` i301 �e Mayor Law Dept. Comments: KEI\b.QE l ►q ' 10 Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: pP� 53 Disposition: Date Returned: