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Home My WebLink AboutCOW 2017-04-10 COMPLETE AGENDA PACKETTukwila City Council Agenda • ❖ COMMITTEE OF THE WHOLE ❖ Allan Ekberg, Mayor Counci /members: • :- Joe Duffie • :- Verna Seal David Cline, City Administrator Kathy Hougardy • :- De'Sean Quinn Dennis Robertson, Council President • :- Kate Kruller • :- Thomas McLeod Monday, April 10, 2017; 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. PUBLIC At this time, you are invited to comment on items not included on this agenda COMMENTS (please limit your comments to five minutes per person). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. (Refer to back of agenda page for additional information.) 3. SPECIAL ISSUES a. Council consensus on pending Washington State legislation in support of Pg.1 the Sea -Tac noise and air quality study (to exclude funding), included in the proposed House budget; and SB 5388, affording additional tools for removal of unauthorized persons from residential foreclosed properties. b. An update on feedback from the Public Safety Plan Open House. Pg.23 c. A contract for architectural and engineering design services for three fire Pg.59 stations as part of the Public Safety Plan. d. A presentation on the general contractor /construction management Pg.163 process as it relates to the Public Safety Plan. 4. REPORTS a. Mayor b. City Council c. Staff d. Council Analyst 5. MISCELLANEOUS 6. ADJOURNMENT Tukwila City Hall is ADA accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433 -1800 or TukwilaCityClerk @TukwilaWA.gov). This agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio /video taped (available at www.tukwilawa.00v) HOW TO TESTIFY When recognized by the Presiding Officer to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to 5 minutes. The Council appreciates hearing from citizens and members of the public, and may not be able to answer questions or respond during the meeting. PUBLIC COMMENTS Members of the public are given the opportunity to address the Council on items that are NOT included on the agenda during PUBLIC COMMENTS. Please limit your comments to 5 minutes. If you have a comment on an Agenda item, please wait until that item comes up for discussion to speak on that topic. SPECIAL MEETINGS /EXECUTIVE SESSIONS Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters as prescribed by law. Executive Sessions are not open to the public. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Members of the public who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at that time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL MEETING SCHEDULE No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings - The Mayor, elected by the people to a four -year term, presides at all Regular Council Meetings held on the 1 st and 3rd Mondays of each month at 7:00 p.m. and Special Meetings. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular or Special Council meetings. Committee of the Whole Meetings - Councilmembers are elected for a four -year term. The Council President is elected by the Councilmembers to preside at all Committee of the Whole meetings for a one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed there are forwarded to Regular or Special Council meetings for official action. Co uNcm AGENDA SYNOPSIS -411ilials Meeliii g Dale lire �y Laors review Coutitil revien, 04/10/17 RB ITEM INFORMATION n W-Faq M&I 3.A. ;110NSoiZ: RACHEL BIANCHI 04/10/17 AG,FNI)A 1'I'F'NITI'H,F' Requested Legislative Update C'.\'1'I"("oRy E Discussion Alig Dale 04110117 F-1 lWolion Ali g Dale ❑ Resolution Al�g Dale ❑ Ordinance AL� Dale ❑ Bid�ward Al�g Date ❑ Public Hearin � All 'g ])ale I. er ❑ Other Altg L)ale SP0NS01k ❑Counil EMqyor ❑./-/R. ❑DCD ❑I`hyance ❑Vire ❑TS ❑P&R ❑Police ❑PV ❑Courl SPONSORS Staff was asked to provide Council with a discussion of legislative issues in Olympia that su'w\l: \m' the City may or may not want to support. Council consensus is being requested. Rj?xil,'IWFA) BY ❑ C.O.W. Mtg. CDN Comm ❑ I'Mance Comm. F-1 Public Safety Comm. F-1 Trans &Infrastructure ❑ Arts Comm. F-1 Parks Comm. ❑ Planning Comm. DATE: 3/27/17 C()MM1T`f'EJ,.' C1 LUR: HOUGARDY RECOMMENDATIONS: SPONSOR /.ADMIN. Communications Division Committee recommendation; Forward for full Council for consensus COST IMPACT / FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 04/10/17 MTG. DATE ATTACHMENTS 04/10/17 Informational Memorandum dated 03/20/17 Minutes from the CDN meeting of 3/27/17 2 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: City Council FROM: Rachel Bianchi, Government Affairs and Communications Manager BY: Brandon Miles, Business Relations Manager CC: Mayor Ekberg DATE: March 20, 2017 SUBJECT: Requested State Legislative Update ISSUE Should the City take a position on House Bill (HB) 1999, other legislation that pertains to the Port and SB? BACKGROUND Below is a discussion of the three issues that have been requested to be reviewed by the Community Development and Neighborhoods Committee. HB 1999 Representative Mia Gregerson approached the City's lobbyist asking for City support for HB 1999, currently being considered in the State House of Representatives. HB 1999 concerns the makeup and composition of the Port of Seattle's Board of Commissioners. Staff brought the issue to Committee of the Whole in February, but was asked to bring it to the Community Development and Neighborhoods committee for further review. Because of agendas and timing this is the first opportunity for the Committee to review. Currently, the Port's Commission consists of five commission members elected at large in King County. HB 1999 restructures the Port Commission to resemble the composition of the King County Council. The number of Port Commissioners will increase to nine and each commissioner would represent a specific district. The nine Port Commission districts would have the same boundaries as the King County Council districts. Under this legislation, Commissioners must reside in the district he or she represents. Voting is similarly limited by districts and all at-large positions are eliminated. HB 1999 was not moved out of the House and is effectively dead. Studies on Sea-Tac Airport Air Quality Study Representative Tina Orwall sponsored HB 1171 that would direct the Washington Department of Commerce to complete a study regarding "air quality implications of air traffic at the international airport in this state with the highest number of total annual departures and arrivals." While the bill itself is dead, it is expected that the budget proviso will move forward. The Port of Seattle has committed $75,000 to the air quality study. Burien has committed $30,000, which could be split between the air quality study and impact mitigation study discussed below. The draft study would need to be presented to the legislature by 2019 and the final by 2021. While the Senate did not include the proviso in the budget released today, it is expected in the House budget next week. 3 INFORMATIONAL MEMO Page 2 Impact Mitigation Study The City of SeaTac has been pushing a budget proviso for funding for an Airport Impact Study, like the one done in 1997. The text of the draft proviso language reads: 1500, 000 of the general fund is provided solely for distribution to the Department of Commerce to contract with a consultant to conduct an analysis of the current and ongoing impacts of the Sea-Tac International Airport. The analysis will include, but not be limited to the impacts that current airport operations and expansion will have on public health transportation, parking, public safety property values and economic development in the cities of SeaTac, Burien, Des Moines, Tukwila, Federal Way and Normandy Park. The City of SeaTac has allocated $250,000 to update the study and has asked other neighboring cities to contribute funding. As of this writing, staff is not aware of other cities agreeing to such funding, with the exception of Burien's $30,000 that could be split between this and the air quality study. This proviso was not included in the Senate Transportation budget but may be in the House Transportation budget. On a related note, it is possible that an airport capacity study will move this session and may be included in the Senate budget. The airport capacity study would review long-term capacity issues as it relates to passenger air travel in Western Washington. This proviso was not included in the Senate Transportation budget but may be in the House Transportation budget. SIB 5388 At the same Council meeting where HB 1999 was discussed, Council President asked council for consensus on staff following up on SB 5388, which seeks to provide additional tools for removal of unauthorized persons from residential foreclosed properties. The bill and Senate Bill Report are attached to this memo. SB 5388 passed the Senate unanimously and was scheduled for a public hearing in the House Committee on Judiciary on March 21. It is likely this bill will pass the Senate as it has enjoyed bi-partisan support. RECOMMENDATION HB 1999 is effectively dead, so no need for any action on the request for support. Staff recommends supporting but not providing funding for the Sea-Tac air quality study and remaining neutral on the Impact Mitigation Study. Staff further recommends that the City closely monitor the airport capacity study, and all airport-related planning that affects Western Washington. Finally, staff recommends that the City support SB 5388. ATTACHMENTS • Proposed HB 1999 • HB 1999 Report • SB 5388 • SB 5388 Report Z:\Council Agenda ItemslCommuniGations\Legislative update CDN 032017.doc H- 1444.1 HOUSE BILL 1999 State of Washington 65th Legislature 2017 Regular Session By Representatives Gregerson, Stokesbary, Ryu, Hudgins, Cody, Pollet, Santos, Senn, springer, Fitzgibbon, McBride, Stanford, Kagi, and Slatter Read first time 02/07/17. Referred to Committee on State Govt, Elections & IT. 1 AN ACT Relating to elections in port districts that are 2 coextensive with a county having a population of over one-half 3 million; and amending RCW 53.12.010. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: '61 6 7 8 9 10 11 W'd 13 14 15 16 17 18 19 20 21 Sec. 1. RCW 53.12.010 and 2002 c 51 s 1 are each amended to read as follows: (1) The powers of the port district shall be exercised through a port commission consisting of three or five members, ((when)) or as otherwise permitted by this title((, fi-Fe fftefftbei=s)). (a) Every port district that is not coextensive with a county having a population of five hundred thousand or more shall be divided into the same number of commissioner districts as there are commissioner positions, each having approximately equal population, unless provided otherwise under subsection (2) of this section. (b) Where a port district with three commissioner positions is coextensive with the boundaries of a county that has a population of less than five hundred thousand and the county has three county legislative authority districts, the port commissioner districts shall be the county legislative authority districts. (c) In other instances where a port district is divided into commissioner districts, the port commission shall divide the port P. 1 HB 1999 1 district into commissioner districts unless the commissioner 2 districts have been described pursuant to RCW 53.04.031. The 3 commissioner districts shall be altered as provided in chapter 53.16 4 RCW. 9 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 r,* (d) Commissioner districts shall be used as follows: ((4-a+)) (i) only a registered voter who resides in a commissioner district may be a candidate for, or hold office as, a commissioner of the commissioner district; and ((4-b+)) _Ljjj only the voters of a commissioner district may vote at a primary to nominate candidates for a commissioner of the commissioner district. Except as provided in subsection (3) of this section, voters of the entire port district may vote at a general election to elect a person as a commissioner of the commissioner district. (2)(a) In port districts with five commissioners, two of the commissioner districts may include the entire port district if approved by the voters of the district either at the time of formation or at a subsequent port district election at which the issue is proposed pursuant to a resolution adopted by the board of commissioners and delivered to the county auditor. (b) In a port district with five commissioners, where two of the commissioner districts include the entire port district, the port district may be divided into five commissioner districts if proposed pursuant to a resolution adopted by the board of commissioners or pursuant to a petition by the voters and approved by the voters of the district at the next general or special election occurring sixty or more days after the adoption of the resolution. A petition proposing such an increase must be submitted to the county auditor of the county in which the port district is located and signed by voters of the port district at least equal in number to ten percent of the number of voters in the port district who voted at the last general election. Upon approval by the voters, the commissioner district boundaries shall be redrawn into five districts within one hundred twenty days and submitted to the county auditor pursuant to RCW 53.16.015. The new commissioner districts shall be numbered one through five and the three incumbent commissioners representing the three former districts shall represent commissioner districts one through three. The two at large incumbent commissioners shall represent commissioner districts four and five. If, as a result of redrawing the district boundaries-, more tl-.an one of the incumbent commissioners resides in one of the p. 2 HB 1999 1 new commissioner districts, the commissioners who reside in the same 2 commissioner district shall determine by lot which of the numbered 3 commissioner districts they shall represent for the remainder of 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 their respective terms. (3) (a) Beginning in 2019, any -port district with five members that is coextensive with a county having a population of over one and one-half million, and with a legislative authority of nine members, must be divided into the same commissioner districts as the county legislative authority districts and include the same number of commissioner -positions as the county legislative authority. (b) Each commissioner must reside in the district from which he or she is elected, and only voters from each district may elect the commissioner to fill that district's commissioner position. No commissioner position may be elected at large. (c) Each commissioner elected prior to 2019 with at least two years remaining in his or her term may complete his or her term for the new commissioner district in which he or she resides. If, as a result of redrawing the district boundaries, more than one of the incumbent commissioners, with at least two years remaining on each of their terms, reside in one of the new commissioner districts, the commissioners who reside in the same commissioner district shall determine by lot which commissioner will represent the district for the remainder of the term. (d) The initial election under this subsection (3) will include the election of positions in each of the remaining district -positions as follows: (i) A certain number of positions elected to serve an initial two-year term, which in addition to any incumbent commissioner's position, as established in (c) of this subsection (3), -provide a total number of four -positions that will -expire at the end of 2021; and (ii) Five -positions elected to serve four-year terms. (e) The county auditor must select which district positions will be two-year or four-year terms for the initial election, pursuant to (d) of this subsection. All subsequent terms for all positions must be for four-year terms. (f) Each commissioner must receive the same salary as a member of the state legislature, as set under RCW 43.03.013. p. 3 HB 1999 HOUSE BILL L REPORT As Reported by House Committee On: State Government, Elections & Information Technology Title: An act relating iV elections hn port districts that are coextensive with 000unty having population of over one-half million. Brief Description: Concerning elections in port districts that are coextensive with acounty having u population ofVvcr one-half million. Sponsors: Representatives Gregerson, S1okcabnry Rvu` Hudgins, Cody, Po|leL Santos, Senn, Springer, Fitzgibbon, McBride, Stanford, Koui and 8|a1ncr. Brief History: Committee : State Government, Elections & Information Techm|ogy: 2/15/17,2/17/17|DM Brief Summary of Bill • Requires that certain port districts be divided into commissioner districts that are the same aocounty legislative authority districts beginning in 2019. • Makes this requirement applicable to any port district with five members that ix coextensive with n county having n population of over |.5 million and u legislative authority nf nine members. • Provides for a transition from five at-largc positions to nine district positions, and requires that the cononoisuionrro receive the same salary ux state legislators. HOUSE COMMITTEE ON STATE GOVERNMENT, ELECTIONS & INFORMATION TECHNOLOGY Majority Report: Do pass. Signed b«7members: Representatives Hudgins, Chair, Dolan, Vice Chair; Volz, Assistant Ranking Minority Member; Appleton, 6regerson, Irwin and PeUiccktt. Minority Report: Without recommendation. Signed bv2members: Representatives Koster, Ranking Minority Member; Kraft. This analysis was by the use m' legislative members in their deliberations. This, analysis is not upart of the legislation nor does d constitute o statement m'leris/otiveintent. House Bill Report ' | - R8 1909 � = Staff: Megan Palchak (786-7105). Background: Port districts are established in various Counties of the state to acquire, construct, maintain, operate, develop, and regulate rail mr motor vehicle transfer and terminal facilities, `vuLcr transfer and terminal facilities, air transfer and tcnninu| facilities or any combination transfer and terminal facilities and other commercial transportation, transfer, handling, atnro&t and terminal facilities, and industrial improvements. Powers of the port district must hc exercised within the district, through a port commission consisting offive nncrnbura. Summary ofBill: Beginning in 2019 port districts must be divided into the uunnc conunoiya loner districts as the county legislative auth»ritydistricts when the port district has five members and im coextensive with a county whose population is over 1.5 million. Commissioners must reside in the district in which they are elected and receive the same salary aeu member ofthe Washington Legislature. Commissioners elected prior to 2019, with at least two years cnnnuinioQ in his oc her term, may complete his or her term in u new commissioner district. If districts are rrdruv/n, and more than one incumbent commissioner resides in the uanuc district, the cnn000inmiontm determine "by lot" which will represent the district for the rcrooiudcrofthe tornn. Commissioner terms are specified. The county auditor Must select district position terms. Appropriation: None. Fiscal Note: Preliminary fiscal note available. Effective Date: The bill takes effect 90 days after n6\ournnountof the session ill which the bill is passed. Staff Summary of Public Testimony: 8n The definition ofaport authority is broad. In |9hOa pathway was established in law for u five-person commission. Comments were made to the Legislature regarding governance problems, lack of professional staff, and administrative problems. The cost o[ moving io nine commissions ix one-tenth of| percent oF the budget. Nine commission districts follows the charter established by the King County Council. Cxiub|iuhiog five districts supports the appearance of" gerrymandering. It isusimple noo\bconaiicu| oJ\uo1nncnt to Support proportional representation, and mirrors legislative representation. Ports need }ouo\ representation to deal with battles over impacts otvarious levels and among communities. There is need to move toward a commission that represents 235,O0Orather than 2.1 million people. This bill supports transparency and iucrcumcu accountability. House Bill Report W (()nnnxcd) The majority ofconorniomioueodono1auppoddhinbU[ Districting and commissioner election conversations have not taken place in maritime labor. There are concerns about preexisting pressure, balanced representation, equity, and barriers to employment und'obprotection. This bill favors Seattle, political uncertainty, and reduces representation. Tbtnr is greater diversity within the port than p/dhio Seattle. Cononnionloum serve not only their district, but the state as vvc|}. The Northwest Seaport Alliance effectively generates revenue and supports jobs. Changing the governance model would create an imbalance within the alliance. Persons g: 0n Representative Gregerson, prime ypnnaor. ( John Pcrsuk' Puget Sound District Council and International Looumhoreand Warehouse Union; Eric Johnson, Washington Public Ports Commission; and Tom /\|bno, Seattle Port Commission. Sean Eagan, The Northwest Seaport /\Uianoc. Persons Signed In To Testify But Not Testifying: None. House Bill Report -3' HB 1999 12 ENGROSSED SUBSTITUTE SENATE BILL 5388 State of Washington 65th Legislature 2017 Regular Session By Senate Law & Justice (originally sponsored by Senators Zeiger, Sheldon Kuderer, Padden, Wilson, Conway, Fortunato, Hobbs, Becker, Warnick, and Honeyford) READ FIRST TIME 02/09/17. 1 AN ACT Relating to the removal of unauthorized persons from 2 certain premises; adding new sections to chapter 9A.52 RCW; and 3 adding a new section to chapter 4.24 RCW. N 5 6 7 8 9 10 11 12 13 IVA 15 16 17 18 19 20 21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: NEW SECTION.- Sec. 1. A new section is added to chapter 9A.52 RCW to read as follows: (1) Subject to subsections (2) and (3) of this section and upon the receipt of a declaration signed under penalty of perjury and containing all of the required information and in the form prescribed in section 2 of this act, a peace officer shall have the authority to: (a) Remove the person or persons from the premises, with or without arresting the person or persons; and (b) order the person or persons to remain off the premises or be subject to arrest for criminal trespass. (2) only a peace officer having probable cause to believe that a person is guilty of criminal trespass under RCW 9A.52.070 for knowingly entering or remaining unlawfully in a building considered residential real property, as defined in RCW 61.24.005, has the authority and discretion to make an arrest or exclude anyone under penalty of criminal trespass. P. 1 ESSB 5388 13 1 (3) While a peace officer can take into account a declaration 2 from the property owner signed under penalty of perjury containing 3 all of the required information and in the form prescribed in section 4 2 of this act, the peace officer must provide the occupant or 5 occupants with a reasonable opportunity to secure and present any 6 credible evidence provided by the person or persons on the premises, 7 which the peace officer must consider, showing that the person or 8 persons are tenants, legal occupants, or the guests or invitees of 9 tenants or legal occupants. 10 (4) Neither the peace officer nor his or her law enforcement 11 agency shall be held liable for actions or omissions made in good 12 faith under this section. 13 (5) This section may not be construed to allow a peace officer to 14 remove or exclude an occupant who is entitled to occupy a dwelling 15 unit under a rental agreement or the occupant's guests or invitees. 16 NEW SECTION.- Sec. 2. A new section is added to chapter 9A.52 17 RCW to read as follows: 18 The owner of premises, or his or her authorized agent, may 19 initiate the investigation and request the removal of an unauthorized 20 person or persons from the premises by providing to law enforcement a 21 declaration containing all of the following required information and 22 in substantially the following form: 23 REQUEST TO REMOVE TRESPASSER(S) FORM 24 The undersigned owner, or authorized agent of the owner, of the 25 premises located at .......... hereby represents and declares under 26 the penalty of perjury that (initial each box): 27 (1) [ ] The declarant is the owner of the premises or the 28 authorized agent of the owner of the premises; 29 (2) [ ] An unauthorized person or persons have entered and are 30 remaining unlawfully on the premises; 31 (3) [ The person or persons were not authorized to enter or 32 remain; 33 (4) [ The person or persons are not a tenant or tenants and 34 have not been a tenant or tenants for the last twelve months on that 35 property; 36 (5) The declarant has demanded that the unauthorized person 37 or persons vacate the premises but they have not done so; p. 2 ESSB 5388 14 1 (6) [ ] The premises were not abandoned at the time the 2 unauthorized person or persons entered; 3 (7) [ ] The premises were not open to members of the public at 4 the time the unauthorized person or persons entered; 5 (8) [ ] The declarant understands that a person or persons 6 removed from the premises pursuant to section 1 of this act may bring 7 a cause of action under section 3 of this act against the declarant 8 for any false statements made in this declaration, and that as a 9 result of such action the declarant may be held liable for actual 10 damages, costs, and reasonable attorneys' fees; 11 (9) [ ] The declarant understands and acknowledges the 12 prohibitions in RCW 59.18.230 and 59.18.290 against taking or 13 detaining an occupant's personal property or removing or excluding an 14 occupant from a dwelling unit or rental premises without an 15 authorizing court order; 16 (10) [ ] The declarant agrees to indemnify and hold harmless law 17 enforcement for its actions or omissions made in good faith pursuant 18 to this declaration; and 19 (11) [ ] Additional Optional Explanatory Comments: 20 .................................... ............................... 21 ....... 22 An owner of premises who falsely swears on a declaration provided 23 under this section may be guilty of false swearing under RCW 24 9A.72.040 or of making a false or misleading statement to a public 25 servant under RCW 9A.76.175, both of which are gross misdemeanors. 26 NEW SECTION. Sec. 3. A new section is added to chapter 4.24 RCW 27 to read as follows: 28 All persons removed from premises pursuant to section 1 of this 29 act on the basis of false statements made by a declarant pursuant to 30 section 2 of this act shall have a cause of action to recover from 31 the declarant for the full amount of damages caused thereby, together 32 with costs and reasonable attorneys' fees. - -- END - -- p. 3 ESSB 5388 15 17 SENATE BILL REPORT ESSB 5388 As Passed Senate, February 27, 2017 Title: An act relating to the removal of unauthorized persons from certain premises. Z:� Brief Description: Concerning the removal of unauthorized persons from certain premises. Sponsors: Senate Committee on Law & Justice (originally sponsored by Senators Zeiger, Sheldon, Kuderer, Padden, Wilson, Conway, Fortunato, Hobbs, Becker, Warnick and Honeyford). Brief History: Committee Activity: Law & Justice: 1/26/17, 2/08/17 [DPS]. Floor Activity: Passed Senate: 2/27/17, 49-0. Brief Summary of Engrossed First Substitute Bill • Establishes a process for an owner or an agent to provide to law enforcement a declaration under penalty of perjury stating that persons have entered the premises unlawfully. • Gives the occupant the opportunity to secure and provide contrary credible evidence which must be considered by the officer. • Allows law enforcement to remove the persons, with or without arresting them, and to order them to remain off the premises or be subject to arrest for criminal trespass. • Provides that law enforcement is not be held liable. • Allows a person or persons removed from property on the basis of false statements in a declaration to pursue a cause of action against the declarant. SENATE COMMITTEE ON LAW & JUSTICE Majority Report: That Substitute Senate Bill No. 5388 be substituted therefor, and the substitute bill do pass. This analysis was prepared by non -partisan legislative staff ,ffior the use of legislative members in their deliberations. This analysis is not apart of the legislation nor does it constitute a statement of legislative intent. Senate Bill Report ESSB 5388 17 Signed by Senators Padden, Chair; 0'8un, }loe Chair; Pedersen, Ranking Minority Member; Angel, OornciUc,prncktand Wilson. Staff: Aldo Me|chimi(78d-743q) Background: /\ tenant by euOeczuon is a person who obtains possession of prcrniscx without the consent of the op/ocr or other person having the hobt to give possession. Tile tenant by sufferance is liable to pay nc0000ah|c rent for the actual time the tenant occupied the prernises, and must, on demand, surrender possession to the owner or person who had tile right ufpossession before the entry. Criminal trespass in the first dc*rcc is u gross oniadcrncanoc It isconoond1cd when operson knowingly enters and ronouina un|ondb||y in o building. /lperson enters un|uvvhuUy when the person is not licensed, invited, or otherwise privileged to enter. In any prosecution, it is a defense that (|) u building involved in an offense was abandoned, (2) the premises were at the tinoc open to nucnohers of the public and the person complied with all |ovvfu| conditions imposed, (3) the yo/unu reasonably believed that the owner o[the prcnoiacs' nr other person empowered 1n |i0000c access, would have licensed the person to cu1cr or remain, or (4) the person was attempting to serve |cgo| process. Summary of Engrossed First Substitute Bill: The owner of premises, or their authorized agent, may initiate the investigation and request the ,cnoova| of an unauthorized person or persons frorn the prenniocs by providing to |nvv enforcement u declaration containing all of the b/||ov/iug required iofhnnodoo: • the declarant is the owner of the premises or the authorized agent of the owner; • on unauthorized person or persons have entered and are remaining unlawfully on the premises; • the person has not been a tenant on that property for the preceding 12 months; • the person or persons were not authorized to enter ocronouio; • the declarant has demanded that the unauthorized person or persons vnco1c the premises but they have not done so; • the premises were not abandoned at the time the unauthorized person or persons entered; • the premises were not open to noennbcre of the public u1the time the unauthorized person or persons entered; • the declarant understands that person or persons removed from the premises may bring u cause of action against the declarant for any tuloc uiutcnnnota noudc in this declaration, and that as o result of such action the declarant may be bc|d liable for actual damages, costs, and reasonable attorneys' fees; • the declarant agrees to iudcnoniFv and hold harmless )ovv enforcement for its actions oronuivaionm made iu good faith pursuant to this declaration; and • additional optional explanatory comments. The |uvv cohorocnuort officer must provide the occupaot with o reasonable opportunity to secure and present any credible evidence, which the officer must consider, showing that the person or persons are tenants, |e�o} occupants, ur the guests or invitees oftenants or legal occupun1s. Senate Bill Report -2- BS885388 IMP Upon the receipt ofo declaration signed under penalty of jury and containing all ofthe required information and any evidence provided by the occupant, n peace officer has the authority to: • ,onovu the person or persons from the premises, with or without arresting the person or persons; and • order the person or persons to remain off the prrnoiuca or be subject to arrest for criminal trespass. Neither the peace officer nor their law enforcement agency are liable for actions or ornissions ulndc in good faith. All persons ornnovcd tinnz pcenoincn on the basis of fo|o: statements noudo by x declarant have ucousc of action to recovcr[roon the declarant for the full arnnunt of damages, together with costs and reasonable attorneys' fees. Appropriation: None. Fiscal Note: Not requested. Creates Conmmmit1cc/Commnmimsiou/TuwkForce that includes X,ogim|utivc members: No. Effective Date: Ninety days after adjournment of session in which bill is passed. Staff Summary of f"obbc Testimony on First Substitute: pQD: This shnp|iKco the pouccau for removing unauthorized people off of property. Property ov/ocm oonoou the state are encountering this issue. Without o fhcocd cnby, these nOenmcn are not being charged. Unlawful detainer actions take u|un�bnnu to resolve. Squatters often present falsified \cusoo. 0vvnoro have to go to court and incur those |idgmdou toa(a for an action against sn0000nc with whom they have no contractual relationship. Persons Testifying: PRO: Scoa1orleigur Prime Sponsor; Maynard Mau citizen; RVac Nelson, citizen; Michele Thounaa, WA [.op/ Income Housing; Michael /\\dboumer, Attorney, Columbia Legal Services; Laura Parks, citizen; Bobbie Garver, citizen. Persons Signed In To Testify But Not Testifying: No one. Senate Bill Report -3- GS8Q5388 20 CUITATI'lAl-ri Meeting Minutes City Council Community Development & Neighborhoods Committee March 27,2017-5.30 p.m. -Hazelnut Conference Room, City Hall Councilmembers: Kathy Hougardy, Chair; Verna Seat, Kate Krutter Staff- David Cline, Lynn Miranda, Mia Navarro, Bob Giberson, Derek Speck, Rachel Bianchi, Laurel Humphrey Guests: Ken Johnsen and Justine Kim, Shie[s Obletz Johnsen; Evan Lawler and Jesse Camp, Alliance Residential Company; Todd Smith, resident CALL TOORDER: Committee Chair Hougardy called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. State Legislative Update Staff updated the Committee on state legislation pertaining to the Port of Seattle. HouseBill1999 which proposed to increase the number of Port Commissioners as well as create Port Districts, was not moved out of the House and is effectively dead. There is no longer a need for the City Council to take a position. House Bill 1171, directing the Washington State Department of Commerce to complete an air quality study regarding air traffic, is also dead but a proviso in the House budget is expected to move forward. The City of SeaTac has also been pushing a proviso for an impact mitigation study that would analyze impacts relating to health, transportation, parking, public safety, property values and economic development in SeaTac, Burien, Des Moines, Tukwila, Federal Way and Normandy Park. Staff recommends supporting but not providing funding for an air quality study and remaining neutral on an impact mitigation study. Senate Bill 5388 seeks to provide additional toots for removing trespassers from residential foreclosed properties. Staff recommends Council support for this bill. UNANIMOUS APPROVAL TO SUPPORT AIR QUALITY STUDY AND SENATE BILL 5388. FORWARD TO APRIL 3, 2017 REGULAR MEETING. B. Public Safety Plan Local Hiring and Disadvantaged Business Enterprise Participation Staff is seeking Committee input on information prepared by Shiets Obletz Johnsen regarding the integration of local hiring policies and disadvantaged business enterprise participation into the Public Safety Plan. The Public Safety Committee discussed this information on March 20, 2017 and expressed continued support for toots to encourage local hiring/apprenticeships and DBE participation, but felt affordability and timeliness should not be compromised. This Committee also discussed the options and expressed continued support to pursue a too[ that makes sense for Tukwila, as well as for a policy applicable to all projects in the City. Use of this 21 22 COUNCIL AGENDA S YNopsis 11ilialf --------------------------------- I ITEMNO. Meeliq 0,7/1, Prepared by Ma or'.r review Council revielp 04/10/17 MN ITEM INFORMATION W1 "s ram nip IS'FAFFSPONSOR: MIA NAVARRO 1 04/10/17 A(,FINDA I'IT "NI TY111" Public Safety Plan Outreach to Date, Summary and Results Cxrl�('.olzy ® Dhwus,4on AlIS Dale 4110117 ❑.Mofion Al g Dale ❑ Resolution AlIg Date ❑ Ordinance Altg Date F-1 Bid2livard Altg Date ❑ Public Hea)in,g Altg Dale ❑ Other Ali ,g Date SPONSOR ❑C'oloycil EMqyor ❑HR ❑DC'I) ❑Finance ❑Fire ❑TS ❑P&R ❑Police ❑PW/ ❑Courl SI)0NSOR'S The City is engaging in a robust public outreach effort around the Public Safety Plan. As a SUMMARY part of this effort, the City held the first open house for the implementation of the Public Safety Plan on March 18, 2017, followed by two internal open houses for City staff, and concurrently with an online open house. The City is also using its various communications channels — website, TukTV, etc. — to continue to provide information and updates on implementation of the Plan. BY ❑ C.O.W. mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. F-1 Planning Comm. DATE: COMMFITEE' CHAIR: RECOMMENDATIONS: SI)ON,SoR /ADNIIN. Communications COST IMPACT / FUND SOURCE RFIQUIRI'D AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 04/10/17 MTG. DATE ATTACHMENTS 04/10/17 Informational Memorandum dated 4/5/17 Public Safety Plan Public Involvement Summary Powerpoint Presentation 23 24 City of Tukwila Allan Ekberg, Mayor TO: Committee of the Whole FROM: Mia Navarro, Community Engagement Manager CC: Mayor Ekberg DATE: April 5, 2017 SUBJECT: Public Safety Plan Outreach to Date, Summary, and Results ISSUE The City is engaging in a robust public outreach effort around the Public Safety Plan. As a part of this effort, the City held the first open house for the implementation of the Public Safety Plan on March 18, 2017, followed by two internal open houses for City staff, and concurrently with an online open house. The City is also using its various communications channels — website, TukTV, etc. — to continue to provide information and updates on implementation of the Plan. BACKGROUND Envirolssues, a subcontractor to the City's Project Management consultant SOJ, prepared the attached summary. RECOMMENDATION Information Only. ATTACHMENTS PSP Public Involvement Summary — OH1 Committee of the Whole Presentation — PSP OH1 25 26 C PUBLIC SAFETY PLAN Im •`•- VWMAIMM • J M. The initial in- person and online open house introduced the public to work that has been done on the Public Safety Plan since Tukwila voters approved the Public Safety Bond in November 2016. The kick -off open houses worked to help community members understand: • The purpose, goals, and general timeline for the Public Safety Plan project • How they could help guide and influence Public Safety Plan implementation Key Audiences • Tukwila residents • Project sponsors • Community organizations • Partner organizations • Tukwila businesses and employees • Community connectors An IN- PERSON PUBLIC OPEN HOUSE was held on Saturday, March 18 from 10:00 AM — noon at Station 54 in Tukwila. The public open house had information on the Public Safety Plan available for attendees to review, and City staff and members of the project team were available to answer questions and engage with visitors. Breakfast and childcare were available. Attendees were encouraged to provide comments on how new facilities outlined in the Public Safety Plan could help to support their community. Key statistics from the in- person open house: The in- person open house was attended by approximately 65 community members (excluding event volunteers) Most attendees identified that they heard about the open house via the postcard (44 %) Open house attendees primarily lived in the 98168 (44 %) or the 98188 (44 %) ZIP Code Two INTERNAL INFORMATIONAL EVENTS were held for City employees, one on Wednesday, March 22 from 7:30 — 9:30 AM at the Emergency Operations Center training room at Fire Station 51 and one on Friday, March 24 from 1:00 — 3:00 PM in the Tukwila Council Chambers. These internal events provided City employees with opportunities to learn more about the Public Safety Plan and upcoming work. An ONLINE OPEN HOUSE is also available to residents and stakeholders. The online open presents the same information as the in- person open house, and stakeholders could access the information and submit feedback on their own time. The deadline to participate was extended from March 31 to April 30. DRAFT Summary of Initial Public Safety Plan Feedback I 1 27 PUBLIC SAFETY PLAN 0 S Key statistics from the online open house as of 3/31/2017: The online open house was attended by 70 unique users The average amount of time that each visitor spent visiting the site was 4 minutes 11 seconds -4 Most new online open house visitors (67 %) came directly to the site -4 Most site referrals (11% of total visitors) came from the City of Tukwila website Most visitors identified that they heard about the online open house via the postcard (27 %) Online open house attendees primarily lived in the 98188 (36 %) or the 98168 (27 %) ZIP Codes The City of Tukwila also set up a DEDICATED PROJECT EMAIL (fa b!icsafety�al.�.n��T�I< ilk .2.2y) that community members could use to directly submit comments and questions. Notification and Engagement IS A variety of notification and engagement tools were used to advertise the in- person and online open houses and inform Tukwila residents about the Public Safety Plan. These tools included: DRAFT Summary of Initial Public Safety Plan Feedback 1 2 W. IUQJNNNENMRI fihiii�fl�li�oi PROJECT wEBSITE Description: The project website (tul<wil. wa gcsyr /publi. safets� pl.n) contained project updates, a link to the online open house, the project email address and information from the 2016 Public Safety Bond. POSTCARD Description: A postcard (see Appendix i) highlighting the date and location of the in- person open house and the access information for the online open house was mailed to all Tukwila households (approximately 10,000 addresses). Distribution date: Thursday, March 2 POSTERS Description: Posters were distributed to key community gathering locations such as coffee shops, grocery stores, libraries, and churches. The poster and a full list of distribution locations is included as Appendix Ill. Distribution date: Tuesday, March 7 FLYER (KID MAIL) Description: Flyers (see Appendix iii) were distributed to students at Tukwila schools. Distribution date: Thursday, March 9 TUKWILA REPORTER Description: Notice of the event was published in the February and March editions of the Tukwila Reporter. SOCIAL MEDIA Description: The City posted information about the open house on both their Facebook and Twitter feeds. In addition, the City created a Facebook event for the open house. This event was boosted for the eight days in advance of the open house to provide it with additional visibility to Tukwila residents. DRAFT Summary of Initial Public Safety Plan Feedback 1 2 W. Facebook and Twitter post dates: March 6, 15, 23 (narrated slideshow), and 31 (narrated slideshow) EHAZELNUT Description: The E- Hazelnut newsletter incorporated brief write -ups in both February 2017 and March 2017 encouraging Tukwila residents to attend the in- person open house and learn more about the Public Safety Plan. Distribution date: February 2017 and March 2017 newsletters NARRATED SLIDESHOW Description: A narrated slideshow of open house information boards was posted on the City's project website and shared via social media to share information and encourage web users to visit the online open house. A Spanish version of this narrated slideshow was also created. Posted on: Thursday, March 23 COMMUNITY CALENDARS Description: The St. Thomas Parish included information about the Public Safety Plan in- person open house within their community bulletin for the week of March 27. Overview f Feedback from On- Person and Online n Houses Participants who attended the project's in- person and online open houses were asked how new facilities could support their community. A summary of the feedback that they provided is highlighted below: • Include meeting rooms that community members could use • Make the fire stations easier to find using signage so that kids and community members can visit • Provide services such as community CPR and fire extinguisher trainings, as well as disaster prevention education programs JUSTICE CENTER • Facilitate the work of community engagement and Neighborhood Watch programs by providing support and meeting space • Provide additional clarification at future open houses on how holding facilities will be incorporated into the Justice Center, including detail on the maximum number of detainees and the maximum length of time they could remain at the Justice Center DRAFT Summary of Initial Public Safety Plan Feedback 1 3 W Participants were also asked how close to or far from various community features they would like the new Justice Center to be located. In- person and online open house visitors provided the following input: Major roadways and transit routes Schools Existing City buildings Local businesses Residential areas Color key PUBLIC WORKS SHOP FACiLiTy Close to Far from least 4 • Partner with local schools to provide trainings to students and residents • Incorporate a radio room 11 � 115 11 11 RISE 11111 1 mr, 11111 1111 Jill i City employees who attended the project's internal informational events were asked how new facilities could support their community. A summary of the feedback that they provided is highlighted below: • No new comments. JUSTICE CENTER • Provide additional clarification at future open houses on how holding facilities will be incorporated into the Justice Center, including detail on the maximum number of detainees and the maximum length of time they could remain at the Justice Center • Publicly available conference rooms; adequate number and size of meeting rooms • Major investments in technology • Host events • Training for youth • Shuttles for kids and youth to the Tukwila Community Center City employees were also asked how close to or far from various community features they would like the new Justice Center to be located. In- person and online open house visitors provided the following input: Major roadways and transit routes Schools Existing City buildings Local businesses Residential areas Close to Far from 2 1 2 9 2 1 0 5 0 2 2 7 least 4 • Partner with local schools to provide trainings to students and residents • Incorporate a radio room 11 � 115 11 11 RISE 11111 1 mr, 11111 1111 Jill i City employees who attended the project's internal informational events were asked how new facilities could support their community. A summary of the feedback that they provided is highlighted below: • No new comments. JUSTICE CENTER • Provide additional clarification at future open houses on how holding facilities will be incorporated into the Justice Center, including detail on the maximum number of detainees and the maximum length of time they could remain at the Justice Center • Publicly available conference rooms; adequate number and size of meeting rooms • Major investments in technology • Host events • Training for youth • Shuttles for kids and youth to the Tukwila Community Center City employees were also asked how close to or far from various community features they would like the new Justice Center to be located. In- person and online open house visitors provided the following input: Major roadways and transit routes Schools Existing City buildings Local businesses Residential areas Close to Far from Color key: least 4 DRAFT Summary of Initial Public Safety Plan Feedback 14 30 0 1 1 0 1 0 2 0 Color key: least 4 DRAFT Summary of Initial Public Safety Plan Feedback 14 30 PUBLIC WORKS SHOP FACILITY • More resources are needed for the Sign Shop • Adequate parking • Updated technology and communication facilities, including email and computer access, and related training • Combine PW engineering staff with maintenance staff to have more efficient daily operation All comments gathered from community members are being shared with the project team and City Council as they continue work associated with selecting sites and programming new facilities. The City will share a summary of comments with the community in summer 2017. DRAFT Summary of Initial Public Safety Plan Feedback 1 5 31 Table of Appendices Appendix I: Online Open House Stations ................................................. ............................... 7 AppendixII: Postcard ............................................................................ ............................... 14 AppendixIII: Poster .............................................................................. ............................... 15 AppendixIV: Flyer ................................................................................ ............................... 17 Appendix V: Social Media Posts ............................................................ ............................... 18 DRAFT Summary of Initial Public Safety Plan Feedback 1 6 32 PUBLIC SAFETY PLAN Appendix 1: Online Open House Stations City of Tukwilla 0 (�, @- PUBLIC SAFETY PLAN Welcome I elre t I,, ld-h, I, -,!! — "MI, 1,11 d—ld.,1 1, —11. 111. Gily 11 tqi , N11k �,lololy Plu " dolco—ofTul-I", 111 P.1111 I, . I ...... 1, I'M ,,,d I, pbll k, th.pt I "I, L, l ... M— ru, ), 20 , 6 11, I,,,ip ft l thv, . .... I P,,,t,, T (Ir'q We went to hear from you f S, "o, Ifre Di, w Ir c hash; 'I ig t", Ii I p,dj 'IM !I — 'i ikn In frui'n y11 I Y, 111, f ryal,G a I'd p-P-1— w III Kly to 1JI11 plain. IN, ,p,ri I V IqJIi ih, , rld 11t APII( 11, aW, add, al N, Please sign im How to use this orilkie open house 111111.11 11-1 "11", I"p o'IY r,,p I ...... V W-r , tN `Iblm Moll) I .IA "i 1,11 -11 1, 1 '111 In 11 1 11, , "I 1E, 1 1 -1 11, "U"Mi", "I'd, f,,, pat, [,,,,,id, y,,,,,, Th-ght,, M, lk— <'.I y' ,'GUIs IR I� Pl—,, Ilit s , ul theetl nd of -h I �I` I I ,, �N,,,� 1, 11 111,, "1 11 ... .. ... . lh� . ........ T I'A","t", uminNG Pa", ,a,, IM— flhn pn,j. A, I I,, flial yt dkd 111 1 lmih yI,,, a, you wigal, I,- atatlalI III If yauw ,'I f I 'a I Th, Y hNli P,iflfi, SM,Iv PI ffie MIN, . A,V 11""d I'll) Imv Take notes as you go For imore information IIY,9thlvvl Itl 11, 111 vetutsl y"", ;arc al yo,,, I,— Ih, Ind N.1, WED —,v house �LII dotes on ,xi, pwi,� w ,, ill t,,MeI, , IN l .—,,nt to,,, (MAIL r, Share this site width others Sign up for future Project updates ------------------------------------------------------- E-11 ddre- DRAFT Summary of Initial Public Safety Plan Feedback 1 7 33 Public Safety Plan "'s M1, 01, s Public Safety Plan rr , . r:1 Three New Fire Stations ncftduu q,ullUou W Itatiorl, tr-'A W fiGk of -0frU,A, Nov(d f,,l and lrti pll—d -pons�, Nries • Crijayaritf-; fu 1fM,g f jup,iofa F., 21) New Justice Center ME/ N'rll pog" Take notes as you go For more information Us, IN,, MA, Is J'A ,bs for vo,i j�df as y,,,,, irr- Mr-gh 1116 oifli- opsr, WEB WWmlyfwl"Y"� w"" p"4l" s'Ostypkw 11-1. Y�ru' , f"' r, r.;h f"'qt 111 fiw,sk, to 11 rrrr ,,t furor. EMAIL HAl1i1,$,JWYP1w PUJK-Ilwv,i o� Share this site with others sign up for future project updates MC= 34 0000 DRAFT Summary of Initial Public Safety Plan Feedback 1 8 City of"Rikwfla 10) PUBLIC SAFETY P11 AN Fire Stations File stallans 51 b2 arty 54 neett to Ue s"Placed a nd pot el I tially elou"Ved so I tW they Carr beftw swvc, Me cartirl"Unity. Why are three new fires stations needed? I ho Clio will consider the followllag rw1miemorlls wftari doternliiiisq whotiwir or tlot n fire ,Callolu S1 m I I Id lop rillo cated to b tore r ne sre the Co in ff i � lulty Response time requirements + Operational requirements + Policy requirements + What happens en s next? I f i e City will co n sido r the foot ba ,k that you p rool da, Wo will co me back to yoi i this s, ln'I I, 'I 0r to I et You know what -,, he�,, d land sh a, o ad diti onal i i r orrnatiuvr a dou t a to th an de 5 1 g i inn siting, Noxt i 3 How else could fire stations support your community? Take notes as you go For imore information fjr" tl"11 h. ,h 1. pt "'t"a f.'r Y. untie lt or you rove through Oie onlilia orlelT WEB house, Your notos or, each pago EMAU Shair e this site With otheirs 0 0 0 0 DRAFT Summary of Initial Public Safety Plan Feedback 1 9 35 City of'TaalkvvRa (0) 0 °'D C-1-1-1 PUBLIC SAFETY :i ' � I ,' ru�l,�r�r� ,justice Center � l ion 111,11", 4 The existing police headquarters.,. — • —111 n 0ptne1 trpear1'I'M hat.... rizarc't" t" Xha 1 yTmes. TAP r,Vpl'rxnin�rii L0? nr + „r{.n .tr vi rr, . 61o�tx �ovRM1 ,nr4AaYwaYal Mm6A0 Gf IVI4Ya5. -r VUryY giiu r)uiiunlMU. . Uoan mot It— — tt,ts1,11 la mlWSa @MVUty stnrrc WVldomuu rnb rm¢'vrvBS. Ti,,i, di'nrt, lhln pmi irvd sIr'n e .yrat:lfy. . ttaet �ervt M ®ua epee Ixrclo y c�innia. The existing municipal court... + es +... rora t<.n rIw o.a.� ew n.v.n��.n .... .r al,a Police headquarters requirements + Municipal court requirements + Shared requirements + .,.I M1OPPa rn nont[ Yrvl ..iii tl ravk tla V�" >t ��. Wf rc11i ne fr;,. 1:i y A =hat, '.:ih fn[ d1 n. in CiW ay "fake notes as you go For more information Us IN, 1,d,1 t� 1 Vutsnl upon NEs kluk .rr)ll iPl NalYRra'i M1a / utu.. u 1 u)e ry 1 r<r I ocurr ... .t tui'rn MA l N ul� �vti� (t» M ., lgpire share Ods site with others 010 .reign up for future project. updates Pn,aa address: DRAFT Summary of Initial Public Safety Plan Feedback 1 10 36 11 City of TukwRa ('t- (RD @ PUBLIC SAFETY PLAN Well, rsbJcSafelyMTv MreSlaft iiii,sola,, -isting Pulitia, Works shorn facilties a re aging acid nal serving the co-Tinindy effieclively Why is a consolidated shop facility needed? Existing shops could be heavily affected by a niaturatifisaster. bolh facdlliub are lo<raled r, a Nuodiplau, Ind neither would hold l4l in a lnajoo eatthqualke, • Shops are outof storage space. -rhis w inericiptit and coren ivrpl.rives start to travol oflsite to got nmied ^.,klpdies and equilittwn,l. • Eidsturig infrastructure makes disposal of hazardous waste challenging, f o Shops do not provide adequate facilities far staM Till" C iy will carr,'.lder Pre following eaaqu imxnerlis to dMovirdi e whorn, tho sN4t ladlify stiould be locairld to bvrot sorve Vle carniylm,ry, operational requirements + Policy requirements + whale happens next? The City will cormider the oedtmclt that you provicte Wo will corne back to you this e,lwirnei, to k�M you know what war hen d and she ti additional liroirnabwT about crifilig consid"rati.no for tilw r'hq f=lily. New ps�'Je go How else could the shop facility support your community? Take inotes as you go For more information Loe, rns liold to lot toleo for y0erselt as YOU MOVO thrMfgh the, 01111110 OP011 VVEB MNINJAWIlawa intniga Your rude, on eadi riaTi wit lialiskm to tho cornirmilt olirn. li Share, this site with others 0001 Gi DRAFT Summary of Initial Public Safety Plan Feedback 1 11 rGYA I M] Do you have any additional thoughts about implementing the Public Safety Plan? How did we do with the online open house? Viary VeiVS,aOM(od I SaMsficd Dms,,*sfled I Dhistafr^liaaai No olmon Do you have any suggestions to help us make future open houses more effective? It you would like to receive updates on Public Safety Plan progress, please provide your email address here: Noxt pago 10. Take notes as you go For rplore information Uso INS koid to jo¢ nate", for yowrstW as you move ffirou�.jh the oiilino op(m WEB: w'ovw w ttukw 1111 a w A, � uvluu " I o, , et hOLAuO Your notes on aao� paWp vvM limistor to the cannent fain LMAK- Share this site with others 0 0 0 0 DRAFT Summary of Initial Public Safety Plan Feedback 1 12 What happens next? The City will consider the feedback that you provided. We will come back to you this suiruner to let you know, what we heard and shaiie addiflonall Information anent fire station design and siffing considerations for thie stations, the Justice Centex, and the consolidated shop facility. Visit n jt.,te to learn inme and to sign up foi ev ail alerts. iy Take notes as you go For more information Ilse thls field to jot notes for yourself as you move through the online open WEB vovvw.ttui,,vvitl awi.gov/parb6ic:satetyt)[ari house. Your notes on each page w0l transfer to the cornment form. EMAIL: PwiblicSafef ,PlaniCptiakwil�,iwa gov Share this site with others OOCDO DRAFT Summary of Initial Public Safety Plan Feedback 1 13 �GH Appendix 11: Postcard I d" Ct� I ��c c:lu (1 V, a b Pub I c IS ;a l_Ty "):-I d �n Ie sls.I u I, ,V hPc,r. v: I Iala : v f" Ii IP" I 1 "11 oq Ii p °di , n�rg,I n zoi .ji I i-i t If r, ji h i "f? ty P [ 'mr WEVE BEEN HARD M'WORK, Now we waist to share our efforts and hear fu orn YOU11 Questions? Ne,ISC C0111tZICt Us at 206-454-7566 or P Abt6cSifrtyP6aoi(,,Ttjkwi aWA.gov, (VtCity of Tukwila 620,0 Southcoiter Blvd. Tukwila, WA 98188 JOIN U�S FOR AN OPEN HOUSE Saturday, March 18 from 10:00 a.m. to noon Tukwila Fire Station 54, 4237 8144th St, TulwwHa, WA 98168 Free parica ke b ea kfast PaD king available across the street at Foster High School ChHd care provided zLt X 11! h! I Yn ,1 1", 1 " y nil td f *Pa q), ai� '10 1111I S1 11 PAID -A �A I ,,,- III � VM '1 1`1 MI IF N 1 W'98 DRAFT Summary of Initial Public Safety Plan Feedback 1 14 Appendix III: PostEl • 1-carn abo(,jt safdy �rrprcwcrncrLs • t njcy ancl kJ(J-,fi`�.,jn(J1v acnV;t es .S krlxrr� you, Saturday, March 18 from 10:00 a.m. to noon I ikvv � a kre Statk",w� 54, 4211,7 �) 14-1111) "It, T,,Vkvvi�-), VvA 9€3168 - FREE )ajw-ak,,,., broakla,,,,t P�,vkhng avallaO�,e ac-loss the at kostor 11 t gh ('Jdd si,p �,,,ri�ovidecl Can't make it to the ff -- - . 7 LftiTJOI-111A Tu kwfla NA bb c SaffotyP a n . P,a rfic i pate, 0 n j ne jS P�,.utAcSafetyfl 206 454-7566 1 . vn, l 111 -h N, S kjents recendy aq qnoveid to Public Safety Bond tot; assure a safe, TUkwita for generations Lo corrre. Vw bond pays for vitat Updates to safpty facities and equipryient, orgainized n.a)dei, the PUbHC Sak"'ty Nan. anf, rH,jkwi�aWkgov mvtmrq,t '10 arwtMT I khol DRAFT Summary of Initial Public Safety Plan Feedback 1 15 41 Posters were distributed on Tuesday, March 7 to the following locations: Foster Golf Links 13500 Interurban Ave S Tukwila. WA 98168 Pacific Laundromat 14227 Tukwila Intl Blvd, Tukwila, WA 98168 Safeway 4011 S 164th St SeaTac, WA 98188 Starbucks 1 17480 Southcenter Pkwy St. Thomas Parish 4415 S 104th St Tukwila, WA 98168 DRAFT Summary of Initial Public Safety Plan Feedback 1 16 42 PUBLIC SAFETY PLAN Appendix IV: Flyer City of Tukwila ( PUBLIC SAFE CAN'T MAKE IT TO THE OPEN HOUSE? JOIN US ONLINE! TukwilaPublicSafetyPlan.Participate.Online QUESTIONS? CONTACT USI Pubsfsnfot,,Manfg-TukwilaWkgov 20645%7566 JOIN US FOR AN OPEN HOUSE! Saturday, March 18 from 10:00 a.m. to noon Join us to: ▪ innatn about safety iooprovements • Tour Fire Station 54 • Enjoy 6i-eat:Sant aqd inendiv auriitte5 • Slixe your tainuigiuts M-ftr #r. -1ett ki6[qcii4f4 DRAFT Summary of Initial Public Safety Plan Feedback 1 17 Appendix V: Social Media Posts Cky of Tulkwflaad,!,-f� n event JUN US FOR AN OPEN HC USD Tukwila residents recently approved a Public Safety Bond to ensure a safer Tukv,,ila for generations to come The bond pays for vital updates to Safety facilities and equipment. organized undef the Public Safety Plan k4ore info car) be found at w,&,,,vtukvMavv,,h clf(,ivlg:r(,iLili afetyi)[ar,[ Se e, �vl r e Pu:blic Safety Plan Open House and Pa.. SM 10 AM Tukvqla F110 Slation 54 Sr,,atfle Inleremed 18 I, 11, (", .'P V:. , ,,mi i n(' n � City of Tukwila 4) @CRyd I ulovll a F ob 28 Join us for an Open Hou,se and FREE Pancake Breakfast at Tukwila Fire Station 54! March 18th, from 10-noon. tukwilawa.gov/event/"publ�lic-s ... DRAFT Summary of Initial Public Safety Plan Feedback 1 18 Ell Cfty of Tulkwilla "I'll 'h bar d '11 pni f�,,4 Help inipact changes in your COM•UI-lity! The Cry of Tukwila will be replacing three fire stations, the Justice Center and expanding the ctryy works facilities, There are two ways YOU can be involved and slay updated with the progress of the Public Safety (Plan, - Joln LIS on fAarch 18 to learn nnore abOUt the IPUblic 'Safety Plan- See 1,1ore Cityt°k,!Tukwila 4t 6 c6h) PUBLIC SAFETY PLAN WE'VE BEEN HARD Al WORK, Now wo,", ovaril mww 5,11 0re our effwu sold heiaff fmm yoW 9011101k.0, FN, — I ,,, 0, K„" V4/,iv. A'vi, 011A. City of TUkWi I a* I ukivl I �i Nlai 6 Corne learn abOUt changes in Your cornrnUnity'! March 18 at Fire Statlon 54, Or visit ouir 24/7 online open house at . .. ia Pub UcSafety PlIan. Participate. On I i ne oty mac ruck OR,) PUBLIC SAFETY PLAN WE 'A IIMEE N HARD Al WORK W,,w viewarvit loshare am cffmI5 ind hear hom yoiis� 0-6—,? IwLIVI ,5n 4!A MIN, -A— I P44 I DRAFT Summary of Initial Public Safety Plan Feedback 1 19 45 0 Cfty of Tukwfla N1,1101 ,T4`;1j1m %`k Come and be a pail o the change in your corrirnunityl Hey Tukwila vv e want to hear from you Voters approved a bond that will U,id three nev,(fire stations the Justice Center and a public, works facility There are two ways for you to learn more abADUt the changes conling to your neighborhoods. - See r0ore a Oty of T)ukwila PUBLIC SAFE PLAN J& WEVE BEEN HARDAr WORK, Now we we'ril, r a Ouve Our enarn ain'd New fivagn you! th A ,& 1� jl,,r V)M, l tl f l n I: c, W 1t ,/?, S I C r 0 Clity of Tukwila6(,,, C�tyor€ -Av,41@ Nlw 16 Join us this Sat Urday at Fire Station 54 to Jearn more about the Public Safety Ran! ... IaPu biicSafetyPia n., Participate., On] j tie C ity Of Tu kw ita PUBUC SAFETY PLAN WEVE BEEN HARD AT WORK, N oviv wouvwnt, to 01-roar, cm , ofform amcl fy ',mr you Q-6"O Mv,u, M U/" 41,4 7156C DRAFT Summary of Initial Public Safety Plan Feedback 1 20 M. PUBLIC SAFETY PLAN 0 S *C fty of Tu �K wi I a Mai(�h 2:3 a� 1028arn 0 Share your thoughts with us about the Public Safety Plan!1 (1-Auldn't make it to the Public Sa ety Plan open house? We wanted to share a bl l. more inforrnation wilth you about why facility upgrades and relocations are needed, what we've accomplished so far, and how you can be involved M the process "watch the video below, to become more familial, with what the Public Safety Plan will do_ You can still visit our online open house through h4arch 31, 2017 to learn more about the oroj,ect, and Firovide con,iment, C)rflkine lo Oeayn rimrjre jb a rKr� 1,r1uthr Salely Plan t"Jif t"') vcw �AwJvp(,)Ilr, VOIJI w,, M1,11r"I'mitV afw% Tukwfll a M, Kvyivl PutAkSa fir�yPltm Py bAr, S afetyf,%a iro@Tkj kwaa WkSwave PUMAAC S ETYPLAX 2 " ) ',,/ I 101 II tau:; „<� o:;o 11 ]I ry e, r � t a11, City of Tu k wi I a 0, %Jai-,23 Share YOILK thoughts about the Public Safety Plan! Vi Sft OlUr GNIne open Thou se Until 3/31: ,...Ia�Publ�icSafetyPlan.lPartu c,ipate.,Online, DRAFT Summary of Initial Public Safety Plan Feedback 1 21 EYA Clity of rulkwilla Share your thoughts with us about the Public Safety Plan" Deadline to provide cornnient on our Online Open House has been extended to April 30, 2017, Couldn't inake it to the Public Safety Plan open house? We wanted to share a bit rnore information with p °OU about why facility upgrades and reloc,alions are needed, what we've acconplished so far, and hour You can be involved in the process Watch the video lbelovi to become rnore familiar with what the Public Safety Plan will do YOU can Still visit Our online open house through April 30 2017 to learn n'ore about the project and provide connient http /FT u Od [a Diu b I k"',Safe ',v PlI a n, Pa rtic 1 1p ate Onilne To lea v ri rr"x e about r[ Pubh r. saloy Man "N N "') Pfl"')'odX" yenkr Lhvjug,fin, on Ntirwev n�,!,ro® area pro, ✓"Pl W�J�K'N� y14KO �'Qfllry"Wmly' vnijl ton I'VI"A PluiblikSaf I MAL K SO ETY PLA14 O"'L 3 0 1 V 141"'r /oO Share M City of'Tulkwila 0 @CiiyoffukvAla 55m Share your thioughts a,bout the Public Safeb/ Plan! 0�nline open house Y extended unfil4/30. �laPublicSafetxtPlan .Participate,.'-U"nl�ine, Y Public Safety Plan, Narrated Slid:ieshiow - March, 20117 — , 11 'V/ DRAFT Summary of Initial Public Safety Plan Feedback 1 22 Ml Public Involvement Summary Open House Series 1— Public Safety Plan Kick -off Project Milestones Open Houses Ongoing Outreach Community Connectors Related Events Key topics: • Siting criteria discussion • Fire station siting process • Justice center programming • Facility shop space req's Planning ~, In- person - open house r_)nline open house Key topics: • Feedback heard • Fire station site options • Justice center siting process and site options • Facility shop areas o ad show Notihcations.!educatiord - In- person open house (Dnline open house Road sf o'• Pd, thcatiorsJe di-lr.etiOr Key topics: • Feedback heard • Fire station design plans • Justice center design plans • Facility shop site options Planning In- person open house ■■r-ilir-ie open fioi -rse NJctihretic i ;j'e dlarati on P'roject'd-ebsite i.apdate_ Response to public inquiries. piiur-ie, eriiail and in person As scheduled or requested: • F'1a :tor- and C:it.. council briefings • Nel?fiborl-,00d meeting, • 1,ie•; stake holder briefings • informational tables • C'ornrnittee,'eori rnisz.ion br:etings • ,'c'th ern age rilent • Tite tours Key milestone communications: • Postcard rnailirn • Newsletter articles • Press release.; • Email updates • Ti_Jk:T'V • Peportercity pages • media posts • E- Hazelnut • Hazelnut • 1: d mail Connector outreach (Feb. 23 -25 • TIB Design Harrette PSP General Outreach Schedule 01 Overview and Goals We wanted to help community members understand: • The purpose, goals and general timeline of the PSP • How they could help guide and influence PSP implementation • In- person, public open house and pancake breakfast on Saturday, March 18th, at Fire Station 54• • Two internal open houses: • Weds, 3/22, 7:30-9:30 am, Station 51 • Fri, 3/24, 1-3 pm, Court /Council Chambers • Dedicated e -mail address: 01 CO Key Statistics from the Online Open House • 70 unique users • On average, each visitor spent 4 min. and 11 sec. • Most (67 %) came directly to the site • ii% navigated from the City website • Most visitors heard about the OOH via postcard (z7 %) • 36% live in 98188, and 27% live in 98168 Notification and Engagement Tools • Project Website: • City Website Calendar • Postcard: went to over 10,000 addresses on 3/2 • Posters: went to key gathering locations on 3/7 • Kid Mail: went home with elementary school kids on 3/9 • Tukwila Reporter: published in February and March • Social Media: FB event, and multiple FB and Twitter posts • Ehazelnut: February and March • Narrated Slideshow: English version 3/23, Spanish TBA • Community Calendars: St. Thomas Parish City &Tukwila PUBLIC SAFETY PLAN JOIN US FOR AN OPEN HOUSE! Saturday, March 18 from 10:00 a.m. to noon ,vA 96166 Can't make it to the open house? Join us online! lui.ttaPt.r.,...etyNat,parvopau,..C,Ime Questions? Contact us! 41.206-454-1566 Residents recently s pp robed s Public Safety Bond to ensube sader Tdpsdo fof.gpnbratons ind come. The bond pays bodstss 5-3jeTY ,,I=ifife'S -and ec4VPmc,--ft, PTgiiqi7ed sndes the Pubk. &slay Ran_ Overview of Feedback from the Public • FIRE STATIONS • Include meeting rooms that community members could use • Make the fire stations easier to find using signage so that kids and community members can visit • Provide services such as community CPR and fire extinguisher trainings, as well as disaster prevention education programs • JUSTICE CENTER • Facilitate the work of community engagement and Neighborhood Watch programs by providing support and meeting space • Provide additional clarification at future open houses on how holding facilities will be incorporated into the Justice Center, including detail on the maximum number of detainees and the maximum length of time they could remain at the Justice Center • PUBLIC WORKS SHOP FACILITY • Partner with local schools to provide trainings to students and residents oi oi • Incorporate a radio room 01 Overview of Feedback from Staff • FIRE STATIONS — • No new comments. • .JUSTICE CENTER — • Provide additional clarification at future open houses on how holding facilities will be incorporated into the Justice Center, including detail on the maximum number of detainees and the maximum length of time they could remain at the Justice Center • Publicly available conference rooms; adequate number and size of meeting rooms • Major investments in technology • Host events • Training for youth • Shuttles for kids and youth to the Tukwila Community Center • PUBLIC WORKS SHOP FACILITY- • More resources are needed for the Sign Shop • Adequate parking • Updated technology and communication facilities, including email and computer access, and related training • Combine PW engineering staff with maintenance staff to have more efficient daily operation 01 Justice Center Placement The Justice Center should be located CLOSE TO The Justice Center should be located FAR FROM AJOR ROADWAYS AND TRANSIT ROUTES SCHOO EXISTIN UILDJNGS LOCAL BUSINESSES RESIDENTIAL AREAS PUBLIC ty Tukwila SAFE is 01 co Questions? COUNCIL AGENDA SYNOPSIS -------------- - - - - -1 nitials --------------------------------- ITEM NO. Meeliq Dale Prepared by Ma , review Council outicil review 04/10/17 BG ❑ Resolution Altg Dale F-1 Ordinance Alt ,g Dale 04/17/17 BG ❑ Otber Ali Date g SI)()NS0R ❑Coulicil ❑A1q))or E] I [R ❑DCD ❑T-'inance ❑f-,in, ❑I'A' E] P&R E] Police EPW' El Courl SI)0NSOR'S Contract with Weinstein A+U for Architectural and Engineering design services for three new Fire Stations as part of the Public Safety Plan. Council is being asked authorize the Mayor to sign this design contract with Weinstein A+U in the amount of $2,089,717.00. Ri,'Xii?wi,'J) iiy ❑ C.O.W. Mtg. [:] CDN Comm ❑ l'inance. Comtri. Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 04/03/17 COMMI'l-FEE CHAIR: McLEOD RECOMMENDATIONS: SPONSOR /ADMIN. Public Works Department CONIN, Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED $2,089,717.00 $3,275,00.00 $ Fund Source: 305 FUND Comments: Public Safety Plan MTG. DATE RECORD OF COUNCIL ACTION 04/10/17 3.C. IS'I'AFFSPONsoit: BOB GIBERSON 1 04/10/17 Contract for Architectural and Engineering Design Services for new Fire Stations. Cxrl�(-,olky E Discussion All ,g Date 4110117 E Motion Alig Dale 4117117 ❑ Resolution Altg Dale F-1 Ordinance Alt ,g Dale F-1 Bid.Aipard Al�g Dale ❑ Public .Heariq Al�g Date ❑ Otber Ali Date g SI)()NS0R ❑Coulicil ❑A1q))or E] I [R ❑DCD ❑T-'inance ❑f-,in, ❑I'A' E] P&R E] Police EPW' El Courl SI)0NSOR'S Contract with Weinstein A+U for Architectural and Engineering design services for three new Fire Stations as part of the Public Safety Plan. Council is being asked authorize the Mayor to sign this design contract with Weinstein A+U in the amount of $2,089,717.00. Ri,'Xii?wi,'J) iiy ❑ C.O.W. Mtg. [:] CDN Comm ❑ l'inance. Comtri. Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 04/03/17 COMMI'l-FEE CHAIR: McLEOD RECOMMENDATIONS: SPONSOR /ADMIN. Public Works Department CONIN, Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED $2,089,717.00 $3,275,00.00 $ Fund Source: 305 FUND Comments: Public Safety Plan MTG. DATE RECORD OF COUNCIL ACTION 04/10/17 MTG. DATE ATTACHMENTS 04/10/17 Informational Memorandum dated March 31, 2017, with attachments Minutes from the Public Safety Committee meeting of 04/03/17 4/17/17 59 M-8 1 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Public Safety Committee FROM: Bob Giberson, Public Works Director CC: Mayor Ekberg DATE: March 31, 2017 SUBJECT: Contract for Fire Station Architectural and Engineering Services Fire Stations 51, 52 and 54 — Public Safety Plan ISSUE The City requires the services of an architect and engineering firm for the design and programming of the three fire stations included in the Public Safety Plan. After thorough staff review of the candidate firms that responded to the City's Request for Qualifications, the City Council is being asked to approve a contract with Weinstein A+U for a contract not to exceed $2,089,717.00, which includes $1,836,451.00for the architectural/engineering basic and additional services for the three projects, and $253,266.00 for the programming phase, the site selection process assistance, fire station specialty consultant (TCA architects) and geotechnical engineering services. BACKGROUND In November of last year, the voters in Tukwila approved the City's Public Safety Bond as a part of the overall Public Safety Plan. Included in the bond is funding for three new fire stations to replace the seismically deficient and out-of-date Fire Stations 51, 52 and 54. With assistance from Shiels Obletz Johnsen (SOJ), the project management firm assisting the City in the implementation of the Public Safety Plan, staff determined that the City would reap significant benefits from hiring one architect and engineering firm for all three stations. These benefits include: • Lower costs • Streamlined processes • Ability to grow with a firm from one project to another It is important to note that, while the same firm will program and design each of the three stations, these will not be three exact same stations. In fact, the firm selected used the term "family of stations that share a similar DNA, but are different." This allows the City to ensure that each station is appropriate for the neighborhood it will inhabit. On December 14, 2016, The City issued a Request for Qualifications for architect and engineering services. Ultimately, the City received eleven proposals that were evaluated by SOJ, the City's Public Works Director, the Fire Chief and fire department personnel and the Communications and Government Relations Manager. Five firms were chosen to interview, one of which dropped out prior to the interview due to capacity issues. Four firms were ultimately interviewed and Weinstein A+U was unanimously selected (see attached composite qualification scoring sheet), by the interview panel that included the City Administrator, Public Works Director, Fire Chief, Fire Captain, SOJ representatives and the Communications and Government Relations Manager. Weinstein A+U was chosen for several reasons: 61 INFORMATIONAL MEMO Page • Strength 8f design Of previous fire stations, including stations 8.10 and 22iDSeattle • Confidence iDthe proposed project [D8DGger'SqU8|JiC8tiODS8Dd8bi|itv03VVOd<withth8 various constituencies associated with the project, including firefighters, council, residents, City staff and other stakeholders ~ Experience working OD public projects YYithdghtbUdgetS • Experience with and commitment to working with disadvantaged businesses (DIBEs) and OD projects th8tiDC|UdeCODlO0UDitvbeD8fit agreements • History Ofworking OD SUCC8SSfU\ G8De[8| Contractor Construction W18D8ge0eOt (G[|CW1) projects ° Recommendations from project Dl8D8ge[SODthei[p[eViOUSp[ jeCiS.8SVVe||8Sdi[8Ct conversations with firefighters who use the facilities they designed Staff also asked that Weinstein AfUreach out to TCA' another candidate interviewed by the panel to join the OV8r8U t88Dl OD behalf Ofthe City. While Weinstein AfU was the overall first choice, the panel recognized that TCA's significant expertise iD constructing fire stations would beaD added benefit io the City's projects. TCA has agreed tobea part Of the effort as subcontractor and they, along with all other subcontractors, such as civil engineering, landscape architecture and gH[t8chOiC8| engineering are included in this CODt[8Ct. Four of Weinstein A+U's nine subcontractors are DBEs. SOJ negotiated 8 not tOexceed amount Of$2.O89'717.00. This iS well within the combined design budget for the three stations of$3'275,OOO. The SCU project monager.wbhaignificant experience building public projects 8Dd8O8[Chit8Cth8nS8lf'h8SdeteO0iD8dthi8iSRgOOdV8|US for the City and taxpayers. RECOMMENDATION Council iSbeing asked tOapprove the contract for Fire Station architect and engineering services with Weinstein A+L] and forward itiOthe D8X1 Committee of the VVhO|e meeting on April 102O17 and the April 17'2017 Regular Meeting. ATTACHMENTS Selection Scoring Sheet Proposed Weinstein A+U Contract, with scope and fee • Consultant Agreement • Exhibit A — A|A B1 01 Initial Information • Exhibit B — A|A B1 01 — Standard FD[[O of Agreement • Exhibit C—A|AB2O2—Programming • Exhibit D—A|AB2U3— Site Evaluation and Planning • Exhibit E — A|A B252— Interior Design VV8iOSiHin/\+U Representative Work TCA Representative Work City of Tukwila Public Safety Program Fire Stations 51/52/54 Architects /Engineering Firms Score Sheet S 0 J 2/8/2017 Firm Proposal Average Interview Average Total Average Rank Mackenzie 46.25 29.2 75.45 4 Weinstein AU 46 44.1 90.1 1 Schreiber Starling Whitehead 45.25 37.2 82.45 3 TCA 52 34.8 86.8! 2 M., City of Tukwila Contract Number: • 6200 Southcenter Boulevard, Tukwila WA 98188 CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIGN AND PLANNING SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City ", and Weinstein AU, LLC, hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. Project Designation. The Consultant is retained by the City to perform Architectural Design and Planning services in connection with the project titled Tukwila Fire Stations 51, 52 and 54. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibits A, B, C, D and E attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending at the completion of construction, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than December 31, 2020, unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibits B, C and D attached hereto, provided that the total amount of payment to the Consultant shall not exceed Two Million, Eighty -nine Thousand, Seven Hundred and Seventeen dollars ($2,089,717.00) without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 65 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not provided the City substantially perform its obligations under this Agreement. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any alterations to or use of the said documents, drawings, specifications or other materials on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant shall indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all injuries, damages, losses or expenses including attorney fees and litigation costs, arising out of or resulting from the negligent acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. 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 Consultant's services, bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant 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 Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: CA revised : 1 -2013 •• Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover 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 with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. Page 2 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Other Insurance Provision. The Consultant's Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self- insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. D. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. Certificates of coverage and endorsements as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. E. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political CA revised : 1 -2013 Page 3 RYA affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non - Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Weinstein AU, LLC 2200 Western Avenue, Suite 301 Seattle WA 98121 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 19. Inconsistent Provisions: In the event provisions of this Agreement are inconsistent with Exhibits A, B, C, D and E, the provisions in this Agreement shall supercede those contained within Exhibits A, B, C, D and E. CA revised : 1 -2013 Page 4 M.: Table of Fees — See Exhibit B, Article 11. Compensation FS 51 Basic Services FS 51 Additional Services FS 51 subtotal $590,100 $280,186 $870,286 FS 52 / 54 Basic Services $615,520 FS 52/ 54 Additional Services $350,645 FS 52 / 54 subtotal $966,165 Programming Phase $155,116 Site Selection Test to Fit Studies $98,150 Subtotal $253,266 Total Fee DATED this CITY OF TUKWILA Allan Ekberg, Mayor Attest /Authenticated: day of City Clerk, Christy O'Flaherty CA revised : 1 -2013 $2,089,717 '20 CONSULTANT By: Printed Name: Title: Approved as to Form: Office of the City Attorney Page 5 e 70 a TM w, = Document B101 - 2007 Exhibit A Initial Information for the following PROJECT: (Name and location or address) Tukwila Fire Stations 51, 52 and 54 Tukwila Washington THE OWNER: (Name, legal status and address) City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 THE ARCHITECT: (Name, legal status and address) Weinstein AU LLC, Limited Liability Company dba: Weinstein A +U Architects + Urban Designers LLC 2200 Western Avenue Suite 301 Seattle, Washington 98121 This Agreement is based on the following information. (Note the disposition for the following items by inserting the requested information or a statementsuch as "not applicable, " "unknown at time of execution" or "to be determined later by mutual agreement.') ARTICLE A.1 PROJECT INFORMATION § A.1.1 The Owner's program for the Project: (Identify documentation or state the manner in which the program will be developed) The City of Tukwila ( "The Owner ") is replacing three of their existing Fire Stations with new facilities on new sites. The desired program and design parameters for each station will be determined during the Programming Phase, as outlined in Exhibit C: B202 -2009. § A.1.2 The Project's physical characteristics: (Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports; site, boundary and topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site; etc.) Fire Station 51 will be located on Parcel 9008, on the West side of the intersection of Southcenter Parkway and South 180`h Street in Tukwila, Washington. The sites for Fire Stations 52 and 54 will be selected during the Site Evaluation and Planning Phase, as outlined in Exhibit D: B203 -2007. § A.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.1: (Provide total, and if known, a line item break down.) The proposed Maximum Allowable Construction Cost of each station, exclusive of sales tax but including a GC /CM contingency of 3 %, are as follows: ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document B1011" —2007 Exhibit A. Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA1 1 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. t This document was produced by AIA software at 15:37:33 on 03/24/2017 under Order No.1 01 1297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (1346454082) 71 Fire Station 5l: Seven Million dollars ($I0O0,O00.0m Fire Station 52: Two Million and Nine Hundred Thousand dollars ($2,90O,0VO.VN Fire Station 54: Three Million and Eight Hundred Thousand dollars ($3`8O0,000.0U In the case of market escalation substantially beyond 5% per annum, or a revision to the proposed M&CC agreed m hy the Owner before the end nf Design Development, the Architect and Architect's consultants will adjust their fees accordingly, per Section 2.6. § A.1.4 Tile Owner's other anticipated scheduling information, i[ any, not provided in Section 1.2: The project will start immediately Upon execution o[ the Contract with the Programming Phase. Design and Construction ofFire Station 51 will commence after the end of Programming, as will the Site Selection Phase for Fire Stations 52 and 54. Assuming the successful selection of appropriate sites, tile Design and Construction of Stations 52 and 54 will follow directly after completion of the Design Phase of Station 5 1. It is assumed in this agreement that the Design and Construction of Stations 52 and 54 will proceed simultaneously, If tile schedules for those two Stations diverge, the Architect and Architect's consultants will revise their fees accordingly. § A.1.5 The Owner intends the following procurement or delivery method for the Project: VJun/�fy method such um competitive bid, negotiated contract, v,00nxtruc//vnmunuXamond Construction Management § A.1.G Other Project information: (6dent�fy special characteristics o, needs Y/dm Project not provided elsewhere, such um environmentally responsible design or historic preservation ,oYxirzmnnxc) ARTICLE A.2 PROJECT TEAM § A.2.1 The Owner identifies the following representative in accordance with Section 5.3: (List name, address and othe,inf6mmtion Justine Kim, &[4 Skie|s06|c«zJohnson 800 Fifth Avenue, Suite 4l30 Seattle, Washington 98|O4 Telephone Number: (206)83X-37OO § A�.2 The persons ov entities, in addition to the Owner's representative, who are required to review the Architect's submittals to the Owner are uafollows: (List name, address and other infonxutiou/ TnBcDetermined § 4.2.3 The Owner will retain the following consultants and contractors: (List discipline and, �f known, idemtift them by name and address.) ToBcDetermined § A.2.4 The Architect identifies the following representative in accordance with Section 2.3: (List name, address and other iqlbnxati*o) Emma Nowinski.&IA Weinstein AD,LLC dhu: Weinstein A+D Architects + Urban Designers LLC 2200 Western Avenue Suite 3O| Seattle, Washington 98|2l mx Document B1o111 2007 Exhibit A. Copyrightm1974, 1978, 1987, 1997 and 2007 by The American Institute mArchitects. All rights reserved. Init. WARNING: This AI/O Document is protected »vuS. or distribution of this AIA0 Document, vr any portion of it, may result m severe civil and criminal penalties, onu,wnuqprooec"teutom*mmx/mumem=mnvmm/meunuerm,law 2 / This document was produced o'xmsoftware at 1s:o/:xuonux/2wuon under Order wn.m1 1rormn_1 which ��mson1mo1oon. and /anmuv�a/e, User Notes: (13464*082) Telephone Number: (206) 443-8606 Fax Number: (206) 443-1218 § A.2.5 The Architect will retain the consultants identified in Sections A.2.5.1 and A.2.5.2. (List discipline and, if known, identify them by name, legal status, address and other information.) § A.2.5.1 Consultants retained under Basic Services: .1 Structural Engineer Swenson Say Faget, General Corporation 2124 Third Avenue, Suite 100 Seattle, Washington 98121 Telephone Number: 206.443.6212 Fax Number: 206.443.4870 .2 Mechanical Engineer The Greenbusch Group, Inc. 1900 West Nickerson St. Suite 201 Seattle, Washington 98119 Telephone Number: 206-378-0569 .3 Electrical Engineer Travis Fitzmaurice & Associates 1200 Westlake Avenue North Suite 509 Seattle, Washington 98109 Telephone Number: 206-285-7228 Fax Number: 206-285-7294 § A.2.5.2 Consultants retained under Additional Services: Fire Station Specialist Architect TCA Architecture 6211 Roosevelt Way NE Seattle, Washington 98115 Telephone Number: (206) 522-3830 .2 Civil Engineer LPD Engineering 1932 11 Avenue, Suite 201 Seattle, Washington 98101 Telephone Number: (206) 725-1211 .3 Landscape Architect Swift Company 3131 Western Avenue, Suite M423 Seattle, Washington 98121 AIA Document B1011" —2007 Exhibit A. Copyright Q 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' 3 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 15:37:33 on 03/24/2017 under Order No.1 01 1297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (1346454082) 73 Telephone Number: (206)632-2038 Cost Estimator The Robinson Company l0l Stewart Street, Suite 925 Seattle, Washington 98l0| Telephone Number: (206)44l'8X72 Gcotcchniod6ugiuor Hart Cro*n.Inc. 3B| Elliott Avenue, Suite 600 Seattle, Washington 98l2l Telephone Number: (206) 328-5581 &A.2.6 Other Initial Information nu which the Agreement iobased: (Provide other Initial Informution This Agreement is based on the understanding that the parameters of the project, such as building prograrn. ArohbocuudAmhbcct`nonupubuoscnpoaoduouatrucimnbudQct,ohulbe re-evaluated hy the Owner m the end of the Programming Phase and this Agreement shall be modified as required to align with any revised or new parameters that emerge from that process. mx Document e1m1" 20n Exhibit A. m� wxRm�m nn�m�' �m � �^��d~—��—'-- -- ------- — American —'—'--- Architects. ''—' Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAOD Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted tothe maximum extent possible under the law. 4 This document was produced by AIA software at 15:37:33 on 03/24/2017 under Order No.101 12974231 which expires on 10101/2017, and is not for resale, User Notes: (1346454082) Additions and Deletions Report for AIA® Document 8101 TM — 2007 Exhibit A This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 15:37:33 on 03/24/2017. PAGE Tukwila Fire Stations 51 52 and 54 Tukwila Washington City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Weinstein AU LLC, Limited Liability Company dba: Weinstein A +U Architects + Urban Designers LLC 2200 Western Avenue Suite 301 Seattle, Washington 98121 The City of Tukwila ( "The Owner ") is replacing three of their existing Fire Stations with new facilities on new sites. The desired rogram and design parameters for each station will be determined during the Programming Phase, as outlined in Exhibit C: B202 -2009. Fire Station 51 will be located on Parcel 9008 on the West side of the intersection of Southcenter Parkway and South 180 °i Street in Tukwila Washington The sites for Fire Stations 52 and 54 will be selected during the Site Evaluation and Planning Phase, as outlined in Exhibit D: B203 -2007. The proposed Maximum Allowable Construction Cost of each station exclusive of sales tax but including a GC/CM contingency of 3 %, are as follows: Fire Station 51: Seven Million dollars ($7,000,000.00) Fire Station 52: Two Million and Nine Hundred Thousand dollars ($2,900,000.00) Fire Station 54: Three Million and Eight Hundred Thousand dollars ($3,800,000.00) In the case of market escalation substantially beyond 5% per annum or a revision to the proposed MACC agreed to by the Owner before the end of Design Development the Architect and Architect's consultants will adjust their fees accordingly, per Section 2.6. PAGE Additions and Deletions Report for AIA Document 8101 T" — 2007 Exhibit A. Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAO Document is protected by U.S. 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 :37:33 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (1346454082) 75 The project will start immediately upon execution of the Contract with the Programming Phase. Design and Construction of Fire Station 51 will commence after the end of Programming, as will the Site Selection Phase for Fire Stations 52 and 54. Assuming the successful selection of appropriate sites, the Design and Construction of Stations 52 and 54 will follow directly after completion of the Design Phase of Station 51. It is assumed in this agreement that the Design and Construction of Stations 52 and 54 will proceed simultaneously. If the schedules for those two Stations diverge, the Architect and Architect's consultants will revise their fees accordingly. Construction Management N/A Justine Kim, AIA Shiels Obletz Johnson 800 Fifth Avenue, Suite 4130 Seattle, Washington 98104 Telephone Number: (206) 838-3700 To Be Determined To Be Determined Emina Nowinski, AIA Weinstein AU, LLC dba: Weinstein A+U Architects + Urban Designers LLC 2200 Western Avenue Suite 301 Seattle, Washington 98121 Telephone Number: (206) 443-8606 Fax Number: (206) 443-1218 PAGE 3 Swenson Say Faget, General Corporation 2124 Third Avenue, Suite 100 Seattle, Washington 98121 Telephone Number: 206.443.6212 Fax Number: 206.443.4870 The Greenbusch Group, Inc. 1900 West Nickerson St. Suite 201 Seattle, Washington 98119 Telephone Number: 206-378-0569 Additions and Deletions Report for AIA Document 810ITM-2007 Exhibit A. Copyright@ 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAO Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAO 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 15:37:33 on 03/24/2017 under Order No.1 01 1297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (1346454082) 76 Travis Fitzmaurice & Associates 1200 Westlake Avenue North Suite 509 Seattle, Washington 98109 Telephone Number: 206 - 285 -7228 Fax Number: 206 - 285 -7294 .1 Fire Station Specialist Architect TCA Architecture 6211 Roosevelt Way NE Seattle, Washington 98115 Telephone Number: (206) 522 -3830 .2 Civil Engineer LPD Engineering 1932 151 Avenue Suite 201 Seattle, Washington 98101 Telephone Number: (206) 725 -1211 .3 Landscape Architect Swift Company 3131 Western Avenue Suite M423 Seattle, Washington 98121 Telephone Number: (206) 632 -2038 .4 Cost Estimator The Robinson Company 101 Stewart Street Suite 925 Seattle, Washington 98101 Telephone Number: (206) 441 -8872 .5 Geotechnieal Engineer Hart Crowser, Inc. 3131 Elliott Avenue Suite 600 Seattle, Washington 98121 Telephone Number: (206) 328 -5581 PAGE This Agreement is based on the understanding that the parameters of the project, such as building program, Architect and Architect's consultant scope and construction budget shall be re- evaluated by the Owner at the end of the Programming Phase and this Agreement shall be modified as required to align with any revised or new parameters that emerge from that process. Additions and Deletions Report for AIA Document 8101 TM — 2007 Exhibit A. Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA'r Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAO 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 15:37:33 on 03/24/2017 under Order No. 1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (1346454082) 77 m n Standard Form of Agreement Between Owner and Architect EXHIBIT B AGREEMENT made as of the Seventeenth day of April in the year Two Thousand Seventeen (In words, indicate day, month and year.) BETWEEN the Architect's client identified as the Owner: (Name, legal status, address and other information) City of Tukwila 6200 Southeenter Boulevard Tukwila, Washington 98188 and the Architect: (Name, legal status, address and other information) Weinstein AU LLC, Limited Liability Company dba: Weinstein A +U Architects + Urban Designers LLC 2200 Western Avenue Suite 301 Seattle, Washington 98121 Telephone Number: (206) 443 -8606 Fax Number: (206) 443 -1218 for the following Project: (Name, location and detailed description) Tukwila Fire Stations 51, 52 and 54 Tukwila, Washington Programming, Site Selection, Design and Construction Contract Administration for three new Fire Stations for the City of Tukwila. The Owner and Architect agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document B101 TM — 2007 (formerly B151 TM — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. AI I rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAs Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible t under the law. This document was produced by AIA software at 15:38:24 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) 79 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT EXHIBIT INITIAL INFORMATION ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Article I and in optional Exhibit A, Initial Information: (Complete Exhibit A, Initial Information, and incorporate it into the Agreement at Section 13.2, or state below Initial Information such as details oj'lhe Project's site and program, Owners contractors and consultants, Architect's consultants, Owner's budgetfor the Cost oj'the Work, authorized representatives, anticipated procurement method, and other information relevant to the Project.) Refer to Exhibit A: B10'1 -2007 for Initial Information § 1.2 The Owner's anticipated dates for commencement of construction and Substantial Completion of the Work are set forth below: .1 Commencement of construction date: Fire Station 51: October 2018 Fire Station 52: December 2019 Fire Station 54: December 2019 .2 Substantial Completion date: Fire Station 51: December 2019 Fire Station 52: January 2021 Fire Station 54: January 2021 AIA Document B101 TM — 2007 (formerly B1611" — 1997). Copyright@ 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. AI I rights Init. reserved. WARNING: This AlAt Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution 2 of this AIA111 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 15:38:24 on 03/24/2017 under Order No.101 12974231 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) 80 § 1.3 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the schedule, the Architect's services and the Architect's compensation. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide the professional services as set forth in this Agreement. § 2.2 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. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.4 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. ("Paragraphs deleted) ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Additional Services. § 3.1.1 The Architect shall manage the Architect's services, consult with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution made without the Architect's approval. § 3.1.5 The Architect shall, at appropriate times, contact the governmental authorities required to approve the Construction Documents and the entities providing utility services to the Project. In designing the Project, the Architect shall respond to applicable design requirements imposed by such governmental authorities and by such entities providing utility services. § 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.2 SCHEMATIC DESIGN PHASE SERVICES § 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect's services. AIA Document 1211101T —2007 (formerly B151 TM — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA11 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution 3 of this AIAW Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible t under the law. This document was produced by AIA software at 15:38:24 on 03/24/2017 under Order No.101 1 297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) i § 3�.2 The Architect shall prepare a preliminary evaluation of the Owner's p,o8rum,ochcdv|e,hudgn for the Cost of the Work, Project site, and the proposed procurement or delivery method and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any iucnosiarumcico discovered in the information, and (2) other information or consulting services that may 6c reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project, including the feasibility ofincorporating environmentally responsible design approaches. The Architect shall reach ail understanding with the Owner regarding the requirements nf the Project. § 3.2.4 Based oo the Project's requirements agreed upon with the Owner, the Architect shall prepare and present for the Owner's approval a preliminary design illustrating the scale and relationship of the Project components. § 3.2.5 Based oil the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner's approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital modeling. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall consider environmentally responsible design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner's prograrn, schedule and budget for the Cost of the Work. The Owner may obtain other environmentally responsible design services under Article 4. § 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner's program, schedule and budget for the Cost of the Work. M3.3.G The Architect shall submit to the Owner ou estimate of the Cost nf the Work prepared io accordance with � Section 63uoou Additional Service outlined in Section 4.l.11. § 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner's approval. §3.3 DESIGN DEVELOPMENT PHASE SERVICES § 3.3.1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost nfthe Work, the Architect shall prepare Design Development Documents for the Owner's approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts ofbuilding systems to §x and describe the size and c6mou,o of the Project oo,oarchitectural, otruc1u,u|, mechanical and electrical systems, and such other elements uu may beappropriate. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. | § 3.3.2 The Architect shall update the estimate nf the Cost of the Work usanAdditional Service per Section 4.1.1 |. § 3.3.3 The Architect shall submit the Design Development Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner's approval. g3.4CONSTRUCTION DOCUMENTS PHASE SERVICES § 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost nf the Work, the Architect shall prepare Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work. The O"mcx and Architect acknowledge that in order to construct the Work the Contractor mAovvvment 8101 TM-z00r (formerly BIm=-1yy/>. Copyright C 1974 1978 1e87 1oyr and cuoruv The xmunconmaum�mAmm�ms An rights m|� movm,u. WARNING: rmmm»w Document /mpmu=�auvu.m.ovv�/o�t Lm�and �^temauvvmTreaties. Unauthorized reproduction v,distribution 4 or this mm» Document, mr any portion or it, may result /n severe civil and criminal penalties, and will um prosecuted m the maximum extent possible / under the law. This document was produced uvmx software vt 1s:oo:o*unox/2m/2o1r under Order No. 1o11oor*uo_1 which expires un1om1oo1/. and w not for resale. User Notes: (203*923332) LIM will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental authorities having jurisdiction over the Project. § 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of (1) bidding and procurement information that describes the time, place and conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. (Paragraph deleted) § 3.4.5 The Architect shall submit the Construction Documents to the Owner to be priced by the Owner's consultant and request the Owner's approval. § 3.5 BIDDING PHASE SERVICES § 3.5.1 GENERAL The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner's approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining competitive bids; (2) confirming responsiveness of bids; (3) determining the successful bid, if any; and, (4) awarding and preparing contracts for construction. § 3.5.2 COMPETITIVE BIDDING § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner in bidding the Project by .1 procuring the reproduction of Bidding Documents for distribution to prospective bidders; .2 distributing the Bidding Documents to prospective bidders, requesting their return upon completion of the bidding process, and maintaining a log of distribution and retrieval and of the amounts of deposits, if any, received from and returned to prospective bidders; .3 organizing and conducting a pre -bid conference for prospective bidders; .4 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda; and .5 organizing and conducting the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. § 3.5.2.3 The Architect shall consider requests for substitutions, if the Bidding Documents permit substitutions, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. (Paragraphs deleted) § 3.6 CONSTRUCTION PHASE SERVICES § 3.6.1 GENERAL § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201Tm -2007, General Conditions of the Contract for Construction. If the Owner and Contractor modify AIA Document A201 -2007, those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. AIA Document B101 TM — 2007 (formerly B161— — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIAx Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution 5 of this AIAz Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible t under the law. This document was produced by AIA software at 15:38:24 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) i § 3.6.1.3 Subject to Section 4.3, the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates no the date the Architect issues the final Certificate for Payment. § 3.6.2 EVALUATIONS OF THE WORK Q3.G.2.1 The Architect shall visit the site u intervals appropriate to the stage of construction, oraaotherwise required in Section 4.3.3, to become generally familiar with the progress and quality of tile portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the \Yo,k. when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not 6o required mmake exhaustive or continuous or any on-site inspections to check the quality or quantity of tile Work. Oil the basis n[ the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of tile Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted hythe Contractor, and (2) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions nf the Work. & 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents nu written request of either the Owner or Contractor. The Architect's response t* such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing o,iu the form ofdrawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance hyboth Owner and Contractor, ohuU not show partiality to either, and shall not hnliable for results nf interpretations or decisions rendered iu good faith. The Architect's decisions oo matters relating to aesthetic effect shall hc final if consistent with the intent expressed iuthe Contract Documents. Q 3.6.2.5 tJnless the Owner and Contractor designate another person to serve as an bubiu| Decision K8ukur, as that term is defined in AIA Document A201-2007, the Architect shall render initial decisions on Claims between the Owner and Contractor ua provided in the Contract Documents. § 3.6.3 CERTIFICATES FOR PAYMENT TO CONTRACTOR § 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (l)made exhaustive m continuous m any on-site inspections mcheck the quality mquantity of the Work, (2) reviewed construction means, methods, techniques, sequences noprocedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. AIA Document mTI All rights |m� ��WAR�N�r*��'�c` —'� —`� Copyright ~ — ' -- --�oternatxnal Treaties.u=**"^zed reproduction or distribution a mmisA]A° Document, or mn mft, may result m severe civil and criminal penalties, and will be prosecuted to the maximum extent / tinder the law. This document was produced o'xmsoftware at 1s:uo:2wunou/2^/2un under Order wo.101 1297423_ which expires vn1om1um17, and /s not for resale. User Notes: (2034923332) M, § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 SUBMITTALS § 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval. The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. § 3.6.4.2 hl accordance with the Architect - approved submittal schedule, the Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor that bear such professional's seal and signature when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to the provisions of Section 4.3, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth in the Contract Documents the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 3.6.5 CHANGES IN THE WORK § 3.6.5.1 The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to the provisions of Section 4.3, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. § 3.6.6 PROJECT COMPLETION § 3.6.6.1 The Architect shall conduct site reviews to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion; receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor; and issue a final Certificate for Payment based upon a final site review indicating the Work complies with the requirements of the Contract Documents. § 3.6,6.2 The Architect's site reviews shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. AIA Document 8101 T"" — 2007 (formerly B151 T" — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init, reserved. WARNING: This AIAII Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution 7 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 cinder the law. This document was produced by AIA software at 15:38:24 on 03/24/2017 under Order No.101 1 297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) i § 3.6,6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the Contract Smn remaining mbe paid the Contractor, including the amount mberetained from tile Contract Surn, if any, for final completion or correction of the Work. § lG.6.4 The Architect shall forward m the Owner the following information received frmn the Contractor: (l) consent nf surety v, sureties, if any, on reduction inor partial release nCrcmiunguor the making nf final payment; (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (3) any other documentation required nf tile Contractor under the Contract Documents. 0 3.6.6.6 Upon request nf the Owner, and prior m the expiration of one year from the date ofSubstantial Completion, the Architect shall, without additional compensation, conduct u meeting with the Owner N review the facility operations and performance. ARTICLE ADDITIONAL SERVICES § 4.1 Additional Services listed below are not included iu Basic Services but may hc required for the Project. The Architect shall provide the listed Additional Services only if specifically designated in the table below oothe Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. (Designate the AoUitioxu/&,nviezo the Architect shall provide /v the second column ?//6r table below. lo the third co/umv/ndicme whether /6oxor,icc description is located /n Section 4.2orinun attached exhibit. ///nunexhibit, iden/�� the axhibk] Additional Services Responsibility (Architect, Owner or Not Provided) Location of Service Description (Section 4.2 below or in an exhibit attached to this document and ident�fied below) § 4.1.1 Programming (B202Tm-2009) Architect Exhibit C § 4.1.2 Multiple preliminary designs Not Provided § 4.1.3 Measured drawings Not Provided § 4.1.4 Existing facilities surveys Not Provided § 4.1.5 Site Evaluation and Planning (B203Tm-2007) Architect Exhibit D § 4.1.6 Building Information Modeling Not Provided § 4.1.7 Civil engineering Architect Section 4.2.7 4.1.8 Landscape design Architect Section 4.2.8 4.1.9 Architectural Interior Design (B252Tm-2007) Architect Exhibit E § 4.1.10 Value Analysis (B204TM-2007) Not Provided § 4.1.11 Detailed cost estimating Architect Section 4.2.11 § 4.1.12 On-site Project Representation (B207TM-2008) Not Provided § 4.1.13 Conformed construction documents Architect Section 4.2.13 § 4.1.14 As-Designed Record drawings Not Provided § 4.1.15 As-Constructed Record drawings Not Provided § 4.1.16 Post occupancy evaluation Not Provided § 4.1.17 Facility Support Services (B21OTm-2007) Not Provided § 4.1.18 Tenant-related services Not Provided § 4.1.19 Coordination of Owner's consultants Not Provided § 4.1.20 Telecommunications/data design Not Provided § 4.1.21 Security Evaluation and Planning Not Provided § 4.1.22 Commissioning (1321 ]Tm-2007) Not Provided § 4.1.23 Extensive environmentally responsible design Not Provided § 4.1.24 LEED" Certification (B214TM-2012) Not Provided § 4.1.25 Fast-track design services Not Provided § 4A16 Historic Preservation (B205TM-2007) Not Provided § 4.1.27 Furniture, Furnishings, and Equipment Design Not Provided § 4.1.28 Alerting and Paging Systems Design Architect Section 4.2.28 mxo��mnm=-�m B151TM �u,m�1y�a��m�r��m��m.m/nums m� --`—' - reserved. WARNING: This / under the law. This document was produced by°IA software m/5:38:24 on 03/24/2017 under Order mv,m,2974231 whmmwireson,mmum,amis not for resale. User wuma: (cmwoznosz) W. § 4.1.29 Complex Building Construction Contract Administration Architect Section 4.2.28 § 4.1.30 Geotechnical Engineering Services Architect Section 4.2.30 § 4.1.31 GC/CM Coordination Services Not Provided 4.1.32 Site Survey Not Provided 4.1.33 Traffic Signalization Design Not Provided § 4.1.34 Traffic and Sight Distance Studies Not Provided 4.1.35 Envelope Consulting Not Provided 4.1.36 Hazardous Materials Documentation, Abatement or Coordination Not Provided § 4.1.37 Acoustic Consulting Not Provided § 4.2 Insert a description of each Additional Service designated io Section 4]as the Architect's responsibility, if not further described in an exhibit attached to this document. § 4.27 Civil Engineering: The analysis of current site conditions and design, coordination and documentation ofsite improvements, including site preparation for construction, drainage, erosion and sedimentation control, final grading and earthworks, and all vehicular hardscape to face of curb. Work also includes the evaluation of available city utility systems and the design and coordination of their connections to any new structures. y4.2.8 Landscape Design: Design, coordination and documentation of the non-vehicular kardmape upmface of curb, planting and softscape, irrigation and site furnishings, including preliminary grading design, design and documentation of site retaining walls up to four feet high and design input for site lighting. § 4.2.1i Detailed Cost Estimating: The process nf predicting the cost ofu facility through quantitative analysis ofthe work required by the design documents, resulting in a detailed break-down of estimated costs including total construction costs for material, labor, equipment, and general conditions. The cost estimate may be produced by a contractor as part of their pre-construction services for the Owner, or by an independent construction cost estimator experienced in estimating costs for projects similar to the Project. The Architect may rely on information within cost estimates performed during each design phase, to inforin the design approach and development. § 4.2.13 Conformed Construction Documents: The Architect will update the Construction Documents to include any addenda issued during the bidding m negotiation process occurring prior to the start ofconstruction. § 4.2.28 Alerting and Paging Systems Design: The design hy the Electrical Engineer and coordination hythe Architect of the Alerting and Paging systems that allow Fire Department personnel to receive and respond to emergency call outs. Elements include annunciators, lighting controls, user interface devices and the electrical infrastructure to support those systems. §4�29 Complex Building Construction Contract Administration: The addition of extra manpower during the Construction Contract Administration phase w address the increased complexity and coordination needs of building with many complex systems and coordination requirements. For the purposes of this Agreement, this extra effort will be accomplished with the addition of attendance at One (1) site meeting per month and the time of One/Eighth (|/8)o[ One (l) Full Time Employee for the duration of Construction. § 4.2.30Gmtechniod Engineering Services: Review of existing historical geology andgemechuical information, if available; test borings, determinations ufsoil bearing values, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 4.3 Additional Services may be provided after execution of this Agreement, without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.3 ahuU entitle the Architect m compensation pursuant toSection 11.3 and uo appropriate adjustment in the Architect's schedule. AIA / rights Init. Init. reserved. WARNING: This m — ocu �� e ' � m xO Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution 9 mmismx° Document, or any portion mit, may result /n severe civil and criminal penalties, and will uo prosecuted to the maximum extent possible / under the law. This document was produced by AIA software at 15:38:24 on 03/24/2017 under Order No. 101 1297423_ which expires un1om1umn. and is not for resale. User Notes: (2034923332) RYA § 4.3.1 Upon recognizing the need m perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise m the need. The Architect shall not proceed m provide the following services until the Architect receives the Owner's written authorization: .i Services necessitated 6yo change in the Initial Information, previous instructions o, approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule mbudget for Cost of the Work, or procurement o,delivery method; .2 Services necessitated by the Owner's request for extensive environmentally responsible design alternatives, such us Unique nystcmdesigns, in-depth mmc,iu| rencu,ch, energy modeling, or LSSD9 certification; .3 Changing m editing previously prepared Instruments of Service necessitated hy the enactment m ccvioiuo of codes, laws o, regulations nrofficial interpretations; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; .5 Preparing digital data for transmission to the Owner's consultants and contractors, or to other Owner authorized recipients; .G Preparation of design and documentation for alternate bid or proposal requests proposed by the 0vmec .7 Preparation for, and attendance at, u public presentation, meeting orhearing; .O Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Architect io party thereto; .8 Evaluation o[ the qualifications of bidders or persons providing proposals; j0 Consultation concerning replacement of Work resulting from fire or other cause during construction; or 11 Assistance to the Initial Decision Maker, i[ other than the Architect. § 4.3.2To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise m the need. |fthe Owner subsequently determines that all or parts of those services are not required, the Owner shall give prompt written notice to the Architect, and the Owner shall have no further obligation to compensate the Architect for those services: .1 Reviewing a Contractor's submittal out of sequence from the submittal schedule agreed tobythe Azcbi�� , .2 Responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided information, Contractor- prepared coordination drawings, m prior Project correspondence o,documentation; .3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor's proposals and supporting data, or the preparation or revision of Instruments of Service; .4 Evaluating on extensive number of Claims oo the Initial Decision Maker; .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments nf Service resulting therefrom; o, .G To the extent the Architect's Basic Services are affected, providing Construction Phase Services 60 days after (l) the date ofSubstantial Completion of the Work or(2) the anticipated date nfSubstantial Completion identified in Initial Information, whichever is earlier. § 4.3.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below mAdditional Services. When the limits below are reached, the Architect shall notify the Owner: .1 Two ( 2 )reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor .2 Seventy-four ( 74 )visits to the site by the Architect over the duration of the Project during construction of Fire Station 5l, Sixty-nine ( 69 )visits to the site by the Architect over the duration of the Project during construction of Fire Station 52and Sixty-nine ( 69 )vioi$tod6c site hy the Architect over the duration nf the Project during construction of Fire Station 54. .3 Two ( 2 ) site reviews for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 Two ( 2 ) site reviews for any portion of the Work to determine final completion Init. AIA Document B10 I TM — 2007 (formerly B161TM _ 1997). Copyright Q 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. AJ I rights reserved. WARNING: This AJ°' Document is protected by U.S Copyright Law and International Treaties. Unauthorized reproduction or distribution 10 m,m/mmw° Document, *, any portion 'x it, may result m severe civil and criminal penalties, mnu°xnympmwec"teuoomrmox/mumeme^tpossa/e / under the law. This document was produced uvA/A software at 1o:oo:u*nonuowuo1r under Order wu1u1 12ormo_1 which expires on1o/u1/2o1r. and /s not for resale. User Notes: (203*923332) RN § 4.34|f the services covered by this Agreement for Fire Station 5l have not been comy|etcdwithin Thirty-three ( B )months of the date of this Agreement mif the services covered by this Agreement for Fire Stations 52and 54 have not been completed within Forty-four ( 44 ) months o[ the date ofthis Agreement, through uo fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. ARTICLE OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information inu 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. Within l5 days after receipt ofu written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice ofo/ enforce lien rights. § 5.2 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6. 1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change io the Project's scope and quality. § 5.3 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. § 5.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and uwritten |cgo| description of the site. The surveys and legal information ohu|| include, as upp|iooh\o' grades and lines ofstreets, o\|cyo, pavements and adjoining property and structures; designated wetlands; adjacent drainage; righta-of-way, restrictions, cusoocmn. encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. (Paragraph deleted) § 5.6 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 services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated io this Agreement, o, authorize the Architect to furnish them oyun Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. § 5.7 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such ao structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.8 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. § 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect iu the Project, including errors, omissions or inconsistencies io the Architect's Instruments ofService. § 5.10 Except as otherwise provided in this Agreement, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor and the Architect's consultants through the Architect about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify the Architect of any direct communications that may affect the Architect's services. § 5.11 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth iu this Agreement. AIA Document B10JTM -2007 (formerly )1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. m/ rights Init. AI*O Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction mdistribution 11 ofthisAIAO Document, or any portion ofit, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible / """°""la~'"is="ume"w"p"du"=","=="wa~at.^..~ ...~~~.. under Order No. .~.~'._~_. which expires . and _ not for resale. User Notes: (2034923332) we Tile Owner shall provide the Architect o copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § S.12 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be tile total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, overhead and profit. The Cost of the Work does not include the compensation of the Architect, the costs of tile land, 6Abtu-of-noy.fiooucing. contingencies for changes in the Work or other costs that are the responsibility ofthe Owner. § G.2 The Owner's budget for the Cost nf the Work iyprovided in Initial botbrmmion, and may hcadjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and Updated estimates of the Cost of the Work prepared 6y the Architect, ,4xoneutthcA,c6itcut'yjudgmouosadcsigoprofessionu|. |tin recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment; the Contractor's methods of determining bid prices; or competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. § 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the program and scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. The Architect's estimate ofthe Cost ofthe Work shall be based on current area, volume or similar conceptual estimating techniques. The Architect shall provide such services u»oo &ddihnuu| Service under Article 4. § 6.4 If the Bidding Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, through no fault of the Architect, the Owner's budget for the Cost of the Work shall be adjusted tv reflect changes inthe goueru|evdn[p,io:niud`cupp|icu6|000nst,uuiommmrket. § 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. §6.6K tile Owner's budget for the Cost ofthe Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase io the budget for the Cost o[ the Work; .2 authorize rebidding o, renegotiating of the Project within o reasonable time; .3 terminate in accordance with Section 9.j� , .4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .5 implement any other mutually acceptable alternative. § 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect, as an Additional Service under Section 4.3, shall modify the Construction Documents os necessary tncomply with the Owner's budget for the Cost ofthe Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.l. The Architect's modification of the Construction Documents shall 6e the limit of the Architect's responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES Q7.1The Architect and the Owner warrant that intransmitting Instruments of Service, m any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit Such information for its use nu the Project. lf the Owner and Architect intend totransmit Instruments of mx Document a1o1 TM-e00r (formerly e/mTM-1yon. Copyright m1s/* 1om 1987 1nor and xnoruv The Amencanmaom�mA�m�c�.m/nox� Init. nsv�euWARNING: rms�w° Document /nn�tec�uuvu.a.cop�/n�t Lm�and International Treaties. unmom**zpae»rov",nm,ormmmnm/*" 12 mrm/mmw~ Document, *r any portion vr 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 b'mx software ot 1s:xo:mvnonmwco1, under Order wo.1o1 1uyr4uo_1 which expires vn1nm1oo1r. and /s not for resale, User Notes: (uoo^yuonxu) Service o, any other information or documentation in digital form, they shall endeavor w establish oeccsany protocols governing such transmissions. § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments ofService, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission *r distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. §7.3 Upon execution of this Agreement, the Architect grants to the Owner u nonexclusive license tn use the Architect's Instruments of Service solely and exclusively for purposes ofconstructing, using, maintaining, u}tcriuA and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub- subcontractors, and material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause osprovided in Section 94. the license granted inthis Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of Service or following termination of this Agreement when the Architect is not in default, the Owner releases the Architect and Architect's employees and coosuhuut(o) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its employees and consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity tothe extent such costs and expenses arise from the Owner's use ofthe lo$zomenus of Service under this Section 7.3.]. The terms ofthis Section 7.3.1 shall not apply i[ the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein io another party without the prior written agreement ofthe Architect. Any unauthorized use ofthe Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. ARTICLE CLAIMS AND DISPUTES § 8.1 GENERAL § 8.1.1 The Owner and Architect shall commence all claims and causes uf action, whether iu contract, tort, m otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected iu this Agreement within the period spncificdby applicable law, but (n any case not more than 6 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8. 1. 1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2007, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement, except as specifically provided in Section 9.7. § 8.2 MEDIATION § 8.2.1 Any claim, dispute o, other matter in question arising out o[or related (o this Agreement shall be subject to mediation uoo condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien AIA All ,=,""m.�WARNING: This mAII Document isprotected by U.S. Law and International Treaties. Unauthorized reproduction o,distribution 13 of this AJAV Document, or any portion of it, may result m severe civil and criminal penalties, and will um prosecuted to the maximum extent / under the law. This document was produced bymA software at 1a3mo*vnoxm*/2on under Order No. m1 1u97«u3_1 which expires on1om1mo1r. and m not for resale. User Notes: (2034923332) arising out of the Architect's services, the Architect may proceed ioaccordance with applicable law to comply with the lien notice mfiling deadlines prior mresolution of the matter by mediation mby binding dispute resolution. § K2.2 The Owner and Architect shall endeavor mresolve claims, disputes and other matters iu question between them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for inediation shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date offiling, unless stayed for o longer period 6y agreement nf the parties o, court order. |funarbitration proceeding ie stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon u schedule for later proceedings. §B.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall bc held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached io mediation shall be enforceable as settlernent agreements in any court having jurisdiction thereof § 8.2.4]f the parties do not resolve u dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box. //thc Owner and Architect Jv not select u method (?fbinding dispute resolution below, o,ub not subsequently ugfxo/v writing /^o binding dispute resolution method other than litigation, the dispute will 6o resolved /no court of000pomn//o,isJiction.) [�] Arbitration pursuant m Section O3of this Agreement Litigation in a court of competent jurisdiction [ ] Other (Specify) &8.3ARBITRATION § 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date nf this Agreement, except os specifically provided below. A demand for arbitration shall 6c made iuwriting, delivered to the other party to this Agreement, and fi|cdwith the person n, entity administering the arbitration. §8.3.1.1/\ demand for arbitration shall hu made no earlier than concurrently with the fi|ingofu request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution oflegal m equitable proceedings based mu the claim, dispute o,other matter iuquestion. § 8.3.2 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof § 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law iu any court having jurisdiction thereof §8.8.4NO CONSOLIDATION ORJOINDER § 8.3.4.1 No arbitration arising out o[or relating to this Agreement shall include, byconsolidation m joinder *,iu any other manner, an additional poranu or entity not a party to this Agreement, except hywritten consent containing mxo�u�mBxo1� "mm ---`—' �� - mn1muen��m�neAme�/mm�m��mm/ rights mn �""°"" =°"""~"' This �°- "=""e"~ 14 / under the law, This document was produced o'xm software mm:uo,2nvnvv/2*/2v`' under Order mom,,zo'"z3_1 which expires un,vm,um`'. and m not for resale. User Notes: (uum/ou000u) a specific reference to the Agreement and signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitration and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction there of (Par(rgraPhs deleted) § 8.4 CERTIFICATE OF MERIT § 8.4.1 Before the Owner may commence litigation or arbitration against the Architect based on professional negligence or failure to perform in accordance with this Agreement, the Owner shall furnish the Architect with a report written by, and bearing the professional seal of, an architect who is licensed to practice in Washington and who has recent experience with projects similar to the Project. The report must describe in detail each respect in which the Architect, in the opinion of the author, performed negligently or breached this Agreement. Only those items described in the report may be the subject of any litigation or arbitration commenced by the Owner against the Architect. The report must be furnished to the Architect at least thirty days before the mediation called for in this Agreement is convened, and its author must, if requested by the Architect, meet with the Architect during the mediation to discuss the report. If the Owner commences litigation or arbitration without having complied with this provision, the litigation or arbitration shall, upon motion of the Architect, be dismissed. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 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' 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 services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 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 services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 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. § 9.4 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. § 9.5 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. The Architect may terminate this Agreement upon not less than thirty calendar days' written notice to the Owner for the Architect's convenience and without cause. § 9.6 In the event of termination initiated by the Owner when the Architect is not in default or in the event of termination due to the Owner's default, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 9.7. § 9.7 Termination Expenses are in addition to compensation for the Architect's services and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. § 9.8 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 7 and Section 11.9. AIA Document 8101 TM —2007 (formerly 8151 TM — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA0 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution 15 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 t under the law. This document was produced by AIA software at 15:38:24 on 03/24/2017 under Order No.1 01 1297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) 93 ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, except that if the parties have selected arbitration as tile method of binding dispute resolution, tile Federal Arbitration Act shall govern Section 8.3. §10.2lenosind6ivAgreumeotshnUhavcdbesumcmeauinAus|hnsciu/\}/\DocumentA20l-20O7,Ocnoo| Conditions of the Contract for Construction. § 10.3 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 tile written consent ofthe other, except that the Owner may assign this Agreement tnu lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. §iO.4/f 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 all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review ut 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. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor ofa third party against either the Owner orArchitect. § 10.6 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 ot the Project site. § 10.7 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 Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. §1O.0lfthe Architect or Owner receives information specifically designated by the other party as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions nu the use of confidential information. ARTICLE 11 COMPENSATION § 11.1 For the Architect's BuouBovusdesnibeduudxArtic|c3,d`cOnncrshoUcomnonoatadbo&,chitec as follows: (Insert amount (?fm6asisfi)r,mmpensatiwu Five Hundred and Ninety Thousand and One Hundred dollars (8598,l00.0O) for Fire Station 5l, Two Hundred and Seventy Thousand and Eight Hundred and Sixty dollars ($270,86O) for Fire Station 52 and Three Hundred and Forty-four Thousand and Six Hundred and Sixty dollars ($344.66V) for Fire Station 54. § 11.2 For Additional Services designated in Section 4.|, the Owner shall compensate the Architect osfollows: (Insert amount ofv,6uvis/or, compensation. // necessary, list spmcifitservices /v which particular methods of «ompenmwjvnapph^/ For the Programming and Site B6cchoo Phases: Two Hundred and Fifty-three Thousand and Two Hundred and Sixty-six dollars ($253.266.00). m»mommemenm� B15JTM �sn ��1en1us nurumuvnexme�u m�m�mmc��sm/ rights mn -- (formerly --—' '—'� re°°°°" WARNING: This AJ°- Document isprotected by U.S. Law and International Treaties. ""au"==° reproduction "'distribution 1G a��mw^ ov^m�cm�ypo�ovm� emuuma�e��/ and =onn� mmm uwmbe memammumem�tp"*/me / under the law. This document was produced »'Amsoftware at 1*:oo:uvvnon/2*/2on under Order wo.m1 1cewun_1 which expires vn1um1mun. and /a not for resale. User Notes: (2034923332) 01 For Fire Station 5l: Two hundred and Eighty Thousand, One Hundred and Eighty-six dollars ($280,l86.OU), which includes a reimbursables allowance of Eighteen Thousand, One Hundred and Twenty-two dollars ($18,122), or Two Percent (2%)of the total fee amount plus uTell Percent (10%) mark-up. For Fire Stations 52 and 54: Three Hundred and Fifty Thousand, Six Hundred and Forty-five dollars ($350.645.00), which includes a reimbursables allowance of Nineteen Thousand, Nine Hundred and Ninety-six dollars ($)9.996.00).o, Two Percent (2Y4)o[ the total fee amount plus u Teti Percent (|096)mu,k-up. §11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the Owner shall compensate the Architect as follows: (Insert amount of m��for, mmpensation] On an hourly basis per the billing rates defined iu Section |i7 §i1.4Compensation for Additional Services of the Architect's consultants when not included in Section ll.2or 11.3, shall 6e the amount invoiced to the Architect plus Ton percent( 10 %), orao otherwise stated below: §11.5Where compensation for Basic Services iobased ona stipulated sum mpercentage of the Cost of the Work, the compensation for each phase of services shall be as follows: Schematic Design Phase Eighteen pc,mrn ( 18 Y) Design Development Phase Twenty-five percent ( 25 Y) Construction Documents Twenty-six percent ( 26 %) Phase Bidding n/ Negotiation Phase Two percent ( 2 %) Construction Phase Twenty-seven percent ( 27 Y4) Close-out Two 2 Total Basic Compensation one hundred percent 100 %) §11.6 When compensation iabased onopercentage of the Cost ofthe Work and any portions of the Project are deleted m otherwise not constructed, compensation for those portions of the Project shall be payable m the extent services are performed ou those portions, in accordance with the schedule set forth in Section 11.5 based on (1) the |mvcst bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent estimate of the Cost of the Work for such portions nf the Project. The Architect ohuU hc entitled tocompensation in accordance with this Agreement for all services performed whether m not the Construction Phase is commenced. § 11J The hourly billing rates for services oC the Architect and the Architect's consultants, Juu�mea��r� hc|om The m�eahd| be adjusted io accordance whhthe A,chhcc `suodA,chhrc�scooyukuum' normal review practices. (Ifapplicable, attach uo exhibit Y/6vx^y billing rates o, insert them he/m^) Employee mCategory Architect: Design Principal, 20l7 Arch bec: Quality Control Principal, 20|7 Architect: Project Manager, 20l7 Architect: Project Architect, 2017 Architect: Design Staff, 2O|7 Architect: Adminstrative Staff, 2017 Rate Two Hundred dollars per hour ($2OO/hd One Hundred and Fifty dollars per hour ($lj&0r) One Hundred and Twenty-five dollars per hour ($l25/hc) One Hundred dollars per hour ($1O0/h,) Seventy-five dollars per hour ($75/kr) Sixty dollars per hour ($6O/hr) § 11.8 COMPENSATION FOR REIMBURSABLE EXPENSES § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: .1 Transportation and authorized ou/-of-tovmtravel and subsistence; 2007 B151 TM 1997) C 1974, 1978, 1987, 1997 and 20mbyThe American Institute of Architectsm/rights Init. reserved. WARNING: This mA0 Document Is protected uyb�. Copyright Law and International Treaties. Unauthorized reproduction o,distribution 17 ofthisAlAS Document, or any portion of it, may result insevere civil and criminal penalties, and will be prosecuted to the maximum extent possible / under the law. This document was produced u'Amsoftware at 15:38mvn03m4/2 17 urmerommmv.1011297423_1wmc*e*nnsvn10/01/2017.unum not for resale. User Notes: (2034923332) .2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, andextmcts; .3 Fees paid for securing approval nf authorities huviu&jmiadic/ino over the Project; .4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; .G Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, models, mock-ups, professional photography, and presentation materials requested by the Owner; .0 Architect's Consultant's expense nfprofessional liability insurance dedicated exclusively tnthis Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried hythe Architect's consultants; .B All taxes levied no professional services and on reimbursable expenses; .10 Site office expenses; and j1 Other similar Project-related expenditures. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Ardhitecunddbr Architect's consultants plus Ten percent( 10%)of the expenses incurred. § 11.9 USE OF ARCHITECT'S INSTRUMENTS OF SERVICE If the Owner terminates the Architect for its convenience under Section 9.5, or the Architect terminates this Agreement under Section 9.3, the Owner agrees to indemnify and hold harmless the Architect pursuant to Section 7.3.|. § 1i.10 PAYMENTS TO THE ARCHITECT (Paragraph deleted) § 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice, Amounts unpaid Thirty }O ) days after the invoice date shall bear interest * the rate entered below, n,in the absence thereof u/ the legal rate prevailing from time to time ut the principal place of business of the Architect. (Insert rate of'muxth/ym annual interest agreed qnoo) 12 % per annum §11J0.3 The Owner shall not withhold amounts from the Architect's compensation m impose upenalty 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. § 11.10.4 Records of Reimbursable Expenses, expenses pertaining to Additional Bervicon, and services performed ou the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are uxfollows: § 12.1 The Owner agrees to limit the aggregate amount of any damages and/or costs (including attorney fees and expert witness fees) that the Owner may recover against the Architect (together with its owners, officers, directors, consultants and employees) the amount of proceeds available, at the time the damages and/or costs are paid, under the Architect's insurance policy or policies applicable to the claim being made by the Owner. The types ofclaims to which this limitation applies include, but are not limited to, claims based ou negligence, professional errors ov omissions, professional mu|p,acticc, indemnity, contribution, hrcuoh of contract, breach nfexpressed or implied warranty and strict liability. ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 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. m» Document mnmTM-z00r - � ITM-1em. —~' 97u � ' �m I rights Init. reserved. WARNING: rx��D D�ume��n��cmu Law and �nternationaiTreaties. Unauthorized reproduction or distribution ribution 18 mmismxr Document, or any portion u+ 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 uvAm software at 15o8.2*un03m4/2 17 unue,omerwv.1011297423_1wmcxexn/osnn10m1m017.unu/s not for resale. User Notes: (2034923332) § 13.2 This Agreement is comprised of the following documents listed below: .1 AIA Document B 10 1 Tm-2007, Standard Form Agreement Between Owner and Architect .2 [Not used .3 Other documents: (List other documents, if any, including Exhibit A, Initial Information, and additional scopes of service, ij'any, forming part qj'the Agreement.) Exhibit A: BI0I-2007 Initial Information Exhibit C: B202-2009 Programming Scope Exhibit D: B203-2007 Site Evaluation and Planning Scope Exhibit E: B252-2007 Architectural Interior Design Scope This Agreement entered into as of the day and year first written above. OWNER (Signature) (Printed name and title) ARCHITECT (,Signature) (Printed name and title) AIA Document B101 T" — 2007 (formerly 8151 T" - 1997). Copyright 0 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution 40 of this AIAO 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 15:38:24 on 03/24/2017 under Order No.101 1297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) 97 •• tMej Additions and Deletions Report for AIA® Document 8101 TM —2007 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 15:38:24 on 03/24/2017. PAGE EXHIBIT B AGREEMENT made as of the Seventeenth day of April in the year Two Thousand Seventeen City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Weinstein AU LLC, Limited Liability Company dba: Weinstein A +'U Architects + Urban Designers LLC 2200 Western Avenue Suite 301. Seattle, Washington 98121 Telephone Number: (206) 443 -8606 Fax Number: (206) 443 -1218 Tukwila Fire Stations 51 52 and 54 Tukwila, Washinzyton Programming Site Selection Design and Construction Contract Administration for three new Fire Stations for the City of Tukwila. PAGE 2 Refer to Exhibit A: B101 -2007 for Initial Information Fire Station 51: October 2018 Fire Station 52: December 2019 Fire Station 54: December 2019 Fire Station 51: December 2019 Fire Station 52: January 2021 Fire Station 54: January 2021 Additions and Deletions Report for AIA Document 8101 T" — 2007 (formerly 8151 TM — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAO Document is protected by U.S. Copyright Law and 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 15:38:24 on 03/24/2017 under Order No. 1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) • • PAGE 3 § 2.5 The AFehiteet shall maintain the fellewing instiranee for- the duration of this Agreement. if any e nts set feFth below exceed the types and limits the Arehiteet fiermally maintains, the Owner s rt-4 the AFehiteet for any additional eest! (kkntf #, i�,Ves 6w,4 limits, 04niiiffinee eeveiwge, an,4 athe, hm— qHii�emews aff, heabk, �o the,4givement, 1 General Liability PAGE 4 § 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6-.3—.6.3 as an Additional Service outlined in Section 4.1.11. § 3.3.2 The Architect shall update the estimate of the Cost of the Work. Work as an Additional Service per Section 4.1.11. PAGE 5 § 3.4.4 Theikfehitee� shall update the estiniate fef the Cost of the We § 3.4.5 The Architect shall submit the Construction Documents to the OwneF, advise the Owner of any adjustment to the estimate of the Cost ef the Alefli, take any aefien required undef Seetien 6-.-S—,Owner to be priced by the Owner's consultant and request the Owner's approval. § 3.5 BIDDING OR NEGOTIATION PHASE SERVICESBIDDING PHASE SERVICES The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner's approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining eithef eaffipete bids ef negotiated pf:epesals; (2) eenfif: mess ef bids oF pfoposals; (3) deteFfflifliRg the sueeessful bid Or- Pf epes if any; and, (4) awarding and preparing contracts for construction. Additions and Deletions Report for AIA Document B10ITM-2007 (formerly 8151 TM _1997). Copyright@ 1974, 1978, 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 ofthis AIAID 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 15:38:24 on 03/24/2017 under Order No.1 0112974231 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) 100 PAGE 6 §3�21The Architect shall visit the site at intervals appropriate to the stage of construction, masotherwise required iu Section 4.3.3,mbecome generally familiar with the progress and quality of the portion nf the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous or any on-site inspections to check the quality o, quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality mf the portion of the Work completed, and report /o the Owner (})known deviations 6nm the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies nhacrvcd io the Work. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive w, continuous or any on-site inspections m check the quality m quantity of the Work, (2)reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account mf the Contract Sum. PAGE 7 § 3�.6.1 The Architect shall conduct determine the date m dates o[Substantial Completion and the date of final completion; issue Certificates of Substantial Completion; receive from the Contractor and forward m the Owner, for the Owner's review and records, written warranties and related documents required bythe Contract Documents and assembled by the Contractor; and issue a final Certificate for Payment based upon ufinal iHspeeti site review indicating the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's iiispeetiens site reviews shall be conducted with the Owner mcheck conformance of the Work with the requirements o[ the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. PAGE 8 § 4.1.1 Programming (B202Tm-2009) Architect Exhibit C § 4.1.2 Multiple preliminary designs Not Provided § 4.1.3 Measured drawings Not Provided § 4.1.4 Existing facilities surveys Not Provided § 4.1.5 Site Evaluation and Planning (13203 Tm-2007) Architect Exhibit D § 4.1.6 Building Information Modeling Not Provided § 4.1.7 Civil engineering Architect Section 4.2.7 Additions and Deletions Report for mx Document mI= 997).uopyright@ 1y74.1sm.1em.1o97and 20mbyThe American Institute of Architects. All rights reserved. WARm/msmismA0 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction mm�mumvvmmmmnp mmumon�o, any pomono«m.mm nsuumm�o�uw/ and onmma/�mmmem.and wn»e � prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:38:24 on 03/24/2017 under Order No. 101 1uy/42s_1wmooexv/�vun1mnoun1/. and /snm for resale. User Notes: (uoa^ounnou) 4.1.8 Landscape design Architect Section 4.2.8 4.1.9 Architectural Interior Design (B252Tm -2007) Architect Exhibit E 4.1.10 Value Analysis (B204Tm -2007) Not Provided 4.1.11 Detailed cost estimating Architect Section 4.2.11 4.1.12 On -site Project Representation (B207Tm -2008) Not Provided 4.1.13 Conformed construction documents Architect Section 4.2.13 4.1.14 As-Designed Record drawings Not Provided § 4.1.15 As- Constructed Record drawings Not Provided 4.1.16 Post occupancy evaluation Not Provided 4.1.17 Facility Support Services (13210Tm -2007) Not Provided § 4.1.18 Tenant - related services Not Provided 4.1.19 Coordination of Owner's consultants Not Provided 4.1.20 Telecommunications /data design Not Provided § 4.1.21 Security Evaluation and Planning (B206T- -2007) Not Provided 4.1.22 Commissioning 13211Tm -2007) Not Provided 4.1.23 Extensive environmentally responsible design Not Provided § 4.1.24 LEEDe Certification (B214Tm -2012 ) Not Provided 4.1.25 Fast -track design services Not Provided § 4.1.26 Historic Preservation (13205TM -2007) Not Provided § 4.1.27 Furniture, Furnishings, and Equipment Design (13253TM -2007) Not Provided 4.1,28 Alerting and Paging S stems Desi m Architect Section 4.2.28 § 4.1.29 Complex Building Construction Contract Architect Section 4.2.28 Administration 4.1.30 Geotechnical Engineering Services Architect Section 4.2.30 4.1.31 GC /CM Coordination Services Not Provided 4.1.32 Site Survey Not Provided 4.1.33 Traffic Si nalization Design Not Provided 4.1.34 Traffic and Si ht Distance Studies Not Provided 4.1.35 Envelope Consultin Not Provided § 4.1.36 Hazardous Materials Documentation, Not Provided Abatement or Coordination 4.1.37 Acoustic Consultin Not Provided PAGE 9 § 4.2.7 Civil Engineering: The analysis of current site conditions and design, coordination and documentation of site improvements including site preparation for construction drainage erosion and sedimentation control final grading and earthworks and all vehicular hardscape to face of curb Work also includes the evaluation of available city utility systems and the design and coordination of their connections to any new structures. § 4.2.8 Landscape Design: Design coordination and documentation of the non - vehicular hardscape up to face of curb planting and softscape irrigation and site furnishings including preliminary grading design design and documentation of site retaining walls up to four feet high and design i input for site lighting. 4.2.11 Detailed Cost Estimating: The process of predicting the cost of a facility through quantitative analysis of the work required by the design documents resulting in a detailed break -down of estimated costs including total construction costs for material labor, equipment and general conditions The cost estimate may produced by a contractor as park of their pre - construction services for the Owner, or by an independent construction cost estimator experienced in estimating costs for projects similar to the Project. The Architect may rely on information within cost estimates performed during each design phase to inform the design approach and development § 4 213 Conformed Construction Documents: The Architect will update the Construction Documents to include any addenda issued during the bidding or negotiation process occurring prior to the start of construction. Additions and Deletions Report for AIA Document 8101 TM-2007 (formerly 8151 TM — 1997). Copyright © 1974, 1978, 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 International Treaties. Unauthorized reproduction or distribution ofthis AIAs 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 15:38:24 on 03/24/2017 under Order No. 1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) 102 § 4.2.28 Alerting and Paging Systems Design: The design by the Electrical Engineer and coordination by the Architect of the Alerting and Paging systems that allow Fire Department personnel to receive and respond to emergency call outs. Elements include annunciators li l sting controls user interface devices and the electrical infrastructure to support those systems. § 4 2 29 Complex Building Construction Contract Administration: The addition of extra manpower during the Construction Contract Administration phase to address the increased complexity and coordination needs of a building with many complex systems and coordination requirements For the purposes of this Agreement this extra effort will be accomplished with the addition of attendance at One (1) site meeting per month and the time of One /Eighth ('1/8) of One ('1) Full Time Employee for the duration of Construction. § 4.2.30 Geotechnical Engineering Services: Review of existing historical geology and geotechnical information, if available, borings determinations of soil bearing values including necessary operations for anticipating subsoil conditions. with written reports and anoronriate recommendations. PAGE 10 .1 Two ( 2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor .2 Seventy-four _( 74 J visits to the site by the Architect over the duration of the Project during construction of Fire Station 51, Sixty -nine ( 69 ) visits to the site by the Architect over the duration of the Proiect during construction of Fire Station 52 and Sixty -nine ( 69 ) visits to the site by the Architect over the duration of the Project during construction of Fire Station 54. .3 ' ) iti°p°^tion -s Two ( 2 ) site reviews for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 ) inspeetien-s-Two ( 2 ) site reviews for any portion of the Work to determine final completion § 4.3.4 If the services covered by this Agreement for Fire Station 51 have not been completed within Thirty -three ( 33 ) months of the date of this Agreement or if the services covered by this Agreement for Fire Stations 52 and 54 have not been completed within Forty -four ( 44 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. PAGE 11 § 5.5 The Owner shall famish serviees of geeteehnieal engineers, whieh ffla�'iHelude but aFe not limited to tes bef ings, test pits, determinations ef seil beaf ing values, pefeelation tests, evaluations of hazardetis materials, seismi PAGE 12 § 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the program and scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. The Architect's estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. if per ests detailed east estimating es * "° The Architect shall provide such services as an Additional Service under Article 4. § 6.4 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, through no fault of the Architect, the Owner's budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. Additions and Deletions Report for AIA Document B101 TM — 2007 (formerly B151 TM — 1997). Copyright © 1974, 1978, 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. 5 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 15:38:24 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) 103 § 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect, without additional , as an Additional Service under Section 4.3 shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. The Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. PAGE 13 § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of Sefviee, Service or following termination of this Agreement when the Architect is not in default, the Owner releases the Architect and Architect's employees and consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its employees and consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 8.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than 4-9 -wears after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. PAGE 14 [ X ] Arbitration pursuant to Section 8.3 of this Agreement § 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this _ Fee wnt— Agreement, except as specifically provided below. A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration. § 8.3.4 NO CONSOLIDATION OR JOINDER § 8.3.4.1 9ithef paf4y, at its sole diseFetion, may eenselidate an aFbitFation eendueted under- this AgFeeffiefit with an) other arbitration to whieh it is a paifty pifevided that (1) the arbitration agreement geveifning the othei: aFbillreition No arbitration arising out of or relating to this Agreement shall include by consolidation or joinder or in any other manner, an additional person or entity not a party to this Agreement except by written consent containing a specific reference to the Agreement and signed by the Owner Architect and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim dispute or other matter in question not described in the written consent or with a person or entity not named or described therein The foregoing agreement to arbitration and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction there of Additions and Deletions Report for AIA Document 8101 TM — 2007 (formerly B151 TM — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIM Document is protected by U.S. Copyright Law and International Treaties. 6 Unauthorized reproduction or distribution of this AIA11 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 15:38:24 on 03/24/2017 under Order No. 1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) 104 § 8.3.4.3 The 0WHeF afld Afehiteet ffant to an�'PeFSOH oF entity made a pafty to an ffbitl-atiffl eondueted undeF this 8.4 CERTIFICATE OF MERIT 8.4.1 Before the Owner may commence litigation or arbitration against the Architect based on professional negligence or failure to perform in accordance with this Agreement, the Owner shall furnish the Architect with a report written by, and hearing the professional seal of, an architect who is licensed to practice in Washington and who has recent experience with projects similar to the Project. The rep2rt must describe in detail each respect in which the Architect, in the opinion of the author, performed negligently or breached this Agreement. Only thos items described in the report may be the sub*ect of any litigation or arbitration commenced by the Owner against th Architect. The report must be furnished to the Architect at least thirty days before the mediation called for in this Agreement is convened, and its author must, if requested by the Architect, meet with the Architect during th mediation to discuss the report. If the Owner commences litigation or �rbitration without having complied with this provision, the litigation or arbitration shall, upon motion of the Architect, be dismissed. PAGE 15 § 9.5 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. The Architect may terminate this Agreement upon not less than thirty calendar days' written notice to the Owner for the Architect's convenience and without cause. § &G |n the event oftermination not the fault of the Arehiteet—, default or in the event of termination due to the Owner's default, hu Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 9.7. PAGE 16 Five Hundred and Ninety Thousand and One Hundred dollars ($590,100.00) for Fire Station 51, Two Hundred and Seventy Thousand and Eight Hundred and Sixty dollars ($270,860) for Fire Station 52 and Three Hundred and Forty-four Thousand and Six Hundred and Sixty dollars ($344,660) for Fire Station 54. For the Programming and Site Selection Phases: Two Hundred and Fifty-three Thousand and Two Hundred and Sixty-six dollars ($253,266.00). For Fire Station 5 1: Two hundred and Eighty Thousand, One Hundred and Eighty-six dollars ($280,186.00), which includes a reimbursables allowance of Eighteen Thousand, One Hundred and Twenty-two dollars ($18,122), or Two Percent ( %) of the total fee amount plus a Ten Percent (10%) mark-LIP. For Fire Stations 52 and 54: Three Hundred and Fifty Thousand, Six Hundred and Forty-five dollars ($350,645.00), which includes a reimbursables allowance of Nineteen Thousand, Nine Hundred and Ninety-six dollars ($19,996.00), or Two Percent (2%) of the total fee amount plus a Ten Percent (10%) mark-up. PAGE 17 On an hourly basis per the billing rates defined in Section 11.7 § 11.4 Compensation for Additional Services of the Architect's consultants when not included in Section 11.2 or l|.3, shall be the amount invoiced m the Architect plus Ten l_percent ( llL_I/o),orun otherwise stated below: Additions and Deletions Report for AIA Document B10 I TM —2007 (formerly B161TM — 1997). Copyright@ 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING � This AIA8 Document is protected by U.S. Copyrig lit Law and International Treaties. Unauthorized reproduction or distribution ofthis AJAII 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 15:38:24 on 03/24/2017 under Order wu 101 which expires on 1om1/2017, and is not for resale. User Notes: (2034923332) Schematic Design Phase Design Development Phase Construction Documents Phase Bidding or Negotiation Phase Construction Phase Close -out Architect: Design Principal, 2017 Architect: Quality Control Principal, 2017 Architect: Project Manager, 2017 Architect: Project Architect, 2017 Architect: Design Staff, 2017 Architect• Adminstrative Staff, 2017 PAGE 18 Eighteen percent ( 18 %) Twenty -five percent ( 25 %) Twenty -six percent ( 26 %) Two percent ( 2 %) Twenty -seven percent ( 27 %) Two 2 Two Hundred dollars per hour ($200 /hr) One Hundred and Fifty dollars per hour ($150 /hr One Hundred and Twenty -five dollars per hour ($125/hr) One Hundred dollars per hour ($100/hr) Seventy -five dollars per hour ($75/hr) Sixty dollars per hour ($60/hr) § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus Ten percent( 10 %) of the expenses incurred. § 11.9 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF USE OF ARCHITECT'S INSTRUMENTS OF SERVICE If the Owner terminates the Architect for its convenience under Section 9.5, or the Architect terminates this Agreement under Section 9.3, the Owner shall pay a licensing fee ° sation c f the 0,A%er'° eentintied use of €ellaw agrees to indemnify and hold harmless the Architect pursuant to Section 7.3.1. § 11.10.1 Ali initial payment ef I($ ) shall be made upon exeetition ef thisAgreement and is the minimum payment undef this Ag"feement. it shall be eredited to the Owner's aeeeunt in the final i ... -.*--. § 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid Thirty 30 ) 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. 12 % per annum 12.1 The Owner agrees to limit the aggregate amount of any damages and /or costs (including attorney fees and expert witness fees) that the Owner may recover against the Architect (together with its owners, officers, directors, consultants and employees) the amount of proceeds available at the time the damages and/or costs are paid under the Architect's insurance policy or policies applicable to the claim being made by the Owner. The types of claims to which this limitation applies include but are not limited to claims based on negligence, professional errors or Additions and Deletions Report for AIA Document B101 TM — 2007 (formerly B161— — 1997). Copyright © 1974, 1978, 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 International Treaties. 8 Unauthorized reproduction or distribution of this AIAI 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 15:38:24 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) 106 omissions, professional malpractice, indemnity, contribution, breach of contract, breach of expressed or implied warranty and strict liability. PAGE 19 AM Doetiment E2011M 2007, Digital Data Pfeiteeal Eyihibit, if eempleted, EIF the feikewiffg-.-LNot used (List other documents, if any, including Exhibit A, Initial Information, and additional scopes of service, if' any, forming part of the Agreement.) Exhibit A: B 10 1 -2007 Initial Information Exhibit C: B202-2009 Programming Scope Exhibit D: B203-2007 Site Evaluation and Planning Scope Exhibit E: B252-2007 Architectural Interior Design Scope Additions and Deletions Report for AIA Document B101 TM — 2007 (formerly B151 TM — 1997). Copyright@ 1974, 1978, 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 AIA0 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 15:38:24 on 03/24/2017 under Order No.1 011297423 — 1 which expires on 10/01/2017, and is not for resale. User Notes- (2034923332) 107 1: �� Certification of [ , hereby certify, m the best ofmy knowledge, information and belief, that l created the attached Onaldocumcm simultaneously with its associated Additions and Deletions Report and this certification atl5:38:24onOJ%4/ 017 under Order No. |0|l297423_ from mnAJ/\Conoau Documents and dhminp,epming the uuuuhcdfinal document l made uo changes \u the original text of&lA' Document B101ru-2007. Standard Form ofAgreement Between Owner and Architect, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) xm Document o*oT"—c00x. Copyright Qmyu and u00au' The American Institute of Architects. All rights reserved. WARNING: This AIM Do*vmpmis protected by U.S. copyrigmLawanu/ommytimnm/rreatwm.u^awxonzeurenmauomwm,uistriomuonmmmAImm Document, *r any portion of it, 1 may result in severe civil and criminal penalties, m*mvanbe prosecuted m the maximum extent possible under the law. This document was produced uv Am software atm:so:swoonxmw2on under Order wv.m1 12974231 which expires uo1nm1/2u1r. and /s not for resale. User Notes: (e034923332) 110 jfk A I A a Document B202rM - 2009 Standard Form of Architect's Services: Programming EXHIBIT C for the following PROJECT: (Name and location or address) Tukwila Fire Stations 51, 52 and 54 Tukwila WA THE OWNER: (Name, legal status and address) City of Tukwila 6200 Southeenter Boulevard Tukwila WA 98188 THE ARCHITECT: (Name, legal status and address) Weinstein AU LLC, Limited Liability Company dba: Weinstein A +U Architects + Urban Designers LLC 2200 Western Avenue Suite 301 Seattle, Washington 98121 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. THE AGREEMENT This document provides the This Standard Form of Architect's Services is part of or modifies the accompanying Architect's scope of services only Owner - Architect Agreement (hereinafter, the Agreement) dated the Seventeenth day of and must be used with an April in the year Two Thousand Seventeen . owner- architect agreement. It may be used with AIA Document TABLE OF ARTICLES G802TM -2007, Amendment to the Professional Services Agreement, to 1 INITIAL INFORMATION create a modification to any owner- architect agreement. 2 PROGRAMMING SERVICES 3 ADDITIONAL SERVICES 4 OWNER'S RESPONSIBILITIES 5 COMPENSATION 6 SPECIAL TERMS AND CONDITIONS ARTICLE 1 INITIAL INFORMATION The Architect's performance of the services set forth in this document is based upon the following information. Material changes to this information may entitle the Architect to Additional Services. (List below information, including conditions or assumptions, that will affect the Architect's performance) Refer to 'Exhibit A: BI01 -2007 Ex. A' for Initial Information AIA Document B202TM — 2009. Copyright Q 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAv' Document is protected Init. by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAv' Document, or any portion of it, may result in 1 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software t at 15:36:22 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (1783058489) 111 ARTICLE PROGRAMMING SERVICES & 2.1 Administration of Programming Services § 2.1.1 The Architect shall manage and administer the Programming Services. The Architect shall consult with the Owner, research applicable programming criteria, attend Project meetings, communicate with members of the Project team and issue progress reports and a final program document. The Architect shall coordinate the services provided by tile Architect and the Architect's consultants with those services provided by tile Owner and the Owner's consultants. § 2.1.2 The Architect shall coofiomthe scope and intent of the anticipated Project in consultation with the Owner. § 2.1.3 The Architect shall prepare, and periodically Update, u schedule for Programming Services that identifies milestone dates for decisions required of the Owner, Programming Services furnished by the Architect, and completion of documentation to be provided by the Architect. The Architect shall coordinate the programming schedule with the Owner's Project schedule, ifa Project schedule exists. § 2.1.4 Upon request by the Owner, the Architect shall make a presentation to representatives of the Owner to explain the Programming Services |obeutilized in developing the Project. § 2.1.5 The Architect shall submit programming documents to the Owner for evaluation and approval at intervals appropriate to the process. The Architect shall be entitled to rely on approvals received from the Owner to complete the Programming Services and io the further development of the Project. 8 2.1.G Unless otherwise set forth in the Agreement, any service not identified as Programming Service in this Article 2shall be an Additional Service. § 2.2 Identification of Programming Participants Based on the scale of the Project, the type of facilities, and the level of specialized functions that will be required, the Architect, in conjunction with the Owner, shall identify the persons to participate in the programming process, including the Architect, the Architect's consultants, the Owner, the Owner's consultants, and users of the Project, as well ao other stakeholders, if any. § 2.3 Identification and Prioritization of Owner and User Values, Goals and Objectives § 2.3.1 The Architect shall facilitate a visioning session with the programming participants to identify, discuss, and prioritize values and goals that will impact the Project, including institutional purposes, growth objectives, and cultural, technological, temporal, uosdhr«iu, symbolic, economic, environmental, safety, ouotuioabi|ity, and other relevant criteria. § 2.3.2 The Architect shall prepare and provide to the Owner a written evaluation of the identified Project values and goals, addressing functional efficiency, user comfort, building economics, safety, environmental sustuiva6i|by, and Visual quality. § 2.3.3 After the Architect provides the evaluation, the Architect shall meet with the Owner m confirm and finalize the Owner's and User's priorities, values, and goals that will impact the Project. § 2.3.4 Following the determination of the Owner's and user's priorities, values and goals, the Architect, in conjunction with the Owner, ohu|| identify and confirm the Owner's objectives for the Project, including such elements uoimage, uffidcmcioo, functionality, cost and schedule. § 2.3.5 The Architect shall confirm the intended use of the program documents and services with the Owner and the intended results of information gathering. § 2.3.6 The Architect shall identify and evaluate the constraints and opportunities that will have ou impact nnthe existing nv proposed facility, such as governmental requirements, financial resources, location, ocoso^ visibility and building services. AIA Document ax�� ou��m� nmxma�a mamv�mx�n�o�m/ ��ewwommmw~ Document m� ----- -- ---' — '^----- protected -—by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AJA0 Document, or any portion of it, may mmmt in 2 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,5:^m:uvnv3/auv" under Order mv.m"2x,a3�wmcn��"svo,mu/uon.mmmmn"��°�" u°�wvmm n783058*89) § 2.4 Information Gathering § 2.4.1 The Architect shall compile and review existing Project- related documentation, including the following: .1 Available reports on existing facilities, site surveys, construction documents, and other Owner documents, including existing program material, if any .2 Relevant government documents such as applicable codes and ordinances .3 Applicable non - governmental building and planning standards .4 Relevant historical documents and archival materials § 2.4.2 The Architect shall prepare for and conduct interviews of Owner- designated individuals by .1 identifying key individuals to be interviewed, .2 establishing a work plan and schedule for the interviews, .3 determining the types of data that could impact the design of the facility, and .4 determining how interviewing will relate to other information - gathering techniques, such as observation and surveys. § 2.4.3 The Architect shall conduct a walkthrough of the Owner's existing facilities with the appropriate personnel, such as the Owner, property manager, or facility manager. (Paragraphs deleted) § 2.4.4 The Architect shall identify, in consultation with the Owner, facilities and operations of a similar nature to be visited and observed by designated programming participants for purposes of evaluation and comparison. § 2.4.5 In consultation with the Owner, the Architect shall identify the individuals to be surveyed. The Architect shall prepare a work plan and schedule for questionnaires and surveys and shall develop, prepare and distribute questionnaires and surveys and collate the results. The Architect shall prepare survey questions based on a systematic process for gathering specific program information such as furniture and equipment needs and special space criteria. § 2.4.6 The Architect shall conduct group sessions with the Owner's Project team for the purpose of reviewing information obtained from literature reviews, interviews, observations and surveys; considering and discussing design and planning issues, including future growth and expansion projections; and endeavoring to achieve consensus as to which values, goals, facts, needs and ideas should influence the design of the facility. The Architect shall determine the group session goals and identify participants for the group sessions. § 2.5 Data Analysis § 2.5.1 Based on the information gathered, the Architect shall develop performance and design criteria for the proposed facility. § 2.5.2 The Architect shall make a preliminary determination of space requirements, space relationships and circulation, including consideration of special requirements, such as ambient environment, safety and security, furnishings, flexibility and site information, where appropriate. § 2.5.3 The Architect shall identify any major unresolved programming issues and discuss preliminary options for their resolution with the Owner. § 2.5.4 Based on discussions with the Owner, the Architect shall make recommendations for solutions to the unresolved programming issues for approval by the Owner prior to preparation of the Architect's initial report. § 2.6 Presentation and Initial Report § 2.6.1 The Architect shall prepare an initial report of its findings and analysis for the Owner and meet with the Owner to agree on the form of presentation appropriate to the needs of the Owner's organization and the Project. § 2.6.2 The Architect shall present its initial report to the programming participants or as otherwise directed by the Owner. AIA Document 8202 TM — 2009. Copyright © 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA1" Document is protected Init. by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in 3 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software t at 15:36:22 on 03/24/2017 under Order No.1 01 1297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (1783058489) 113 82.7 Development o[Final Program cf Project Requirements Q 2.7.1 The Architect shall recommend Project standards or incorporate Owner standards such as area allowances, space allocation, travel distances, and furniture and equipment requirements. § 2.7.2 The Architect shall establish general space quality standards for the Project related m such elements m lighting levels, equipment performance, acoustical requirements, security and aesthetics. § 2.T.3 The Architect shall determine specific space requirements for tile Project by .1 identifying required spaces .2 establishing sizes and relationships, .3 establishing space efficiency factors (ratio nf net square footage w gross square footage).and .4 documenting particular space requirements such as special DVAC, plumbing, power, lighting, acoustical, tb,uiskingy, equipment, oo security needs. § 2.7.4 The Architect shall prepare n final program dommcmdetailing all items identified bu Sections 2Tlm2I3, incorporating written and graphic materials that may include .1 an executive summary, .2 documentation of the methodology used m develop the program, .3 value and goal statements, .4 relevant facts upon which the program was based, .5 conclusions derived from data analysis, .G relationship diagrams, .7 flow diagrams, .8 matrices identifying space allocations and relationships, .8 space listings by function and size, and .10 space program sheets including standard requirements and special HVAC, plumbing, power, lighting, auousticul, buroishiugu, equipment, or security needs. § 2.7.5 The Architect shall provide u preliminary opinion of the program with respect m the Owner's stated budget ARTICLE 3 ADDITIONAL SERVICES §l1In addition m the Programming Services described above, the Architect shall provide the following Additional Services only iy specifically designated below oathe Architect's responsibility. The Architect shall perform such Additional Services in accordance with a service description provided in Section 3.2 or attached as an exhibit to this services document. (Designate the Additional Services the Architect shall provide in the second column qf the table below. In the third column indicate whether the service description is located /n Section 3.2, o,/nox exhibit attached /o this services JucumonL /7/nonexhibit, iden/�fy theax6/6d) Services Responsibility (Architect, Owner or Not provided) Location of Service Description (5ection 3.2 below or an exhibit attached to this document and ident�fled below) § 3.1.1 Multiple Site Evaluation Not Provided § 3.1.2 Site Suitability Not Provided § 3.1.3 Site Planning Architect Section 3.2.3 § 3.1.4 Master Planning Architect Section 3.2.4 § 3.1.5 Preliminary Design Architect Section 3.2.5 § 3.1.6 Preliminary Cost Estimating Architect Section 3.2.6 § 3.1.7 Scheduling Architect Section 3.2.7 § 3.1.8 Market Analysis Not Provided § 3.1.9 Detailed Existing Facility Evaluation Not Provided § 3.1.10 Environmental Suitability Not Provided AIA � mn --Document --- Copyright ---� American WARNING: —--- Document ------- - by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AJAII Document, ^r any portion of it, may result in 4 severe civil and criminal penalties, and will ma prosecuted m the maximum extent possible under the law. This document was produced uvxmsoftware / at 1s:os:zuunoaowxo1, under Order wu.m1 1umwua_1wmchexmmann1om1�on. and �mxm,m,wu User Notes: (1783058*e9) § 3.1.11 Services in support of the Owner's other Not Provided ) meetings to determine/reviewOwner and user values and goals consultants (Geotechnical Engineer, (2 ) meetings with user groups for the purpose of gathering data Landscape Architect, Real Estate or Legal ( l ) 'Hde-o|oog" with Tukwila Fire Department Services Providers, Lending Institutions or (l ) meeting with City of Tukwila Planning Department .5 Two (2 )tours n[ each existing Tukwila Fire Station tohcreplaced .G Four (4 )facility visits pursuant tn Section 2.44 § 3.2 Insert u description of each service designated in Section 3.l the Architect shall provide if not included i000 exhibit attached to this document and identified in the table above. §32.3 Site Planning: Based m the preliminary site analysis, prepare conceptual site developmmdraningowhich may include land utilization, structure placement, facility development, development phasing, access andcircukation of vehicles and pedestrians, parking facilities and utility systems. Analyze surface and subsurface conditions, ecological requirements, dooda, zoning, and other legal restrictions, landscape concepts and features. § 3�.4 Master Planning: The Architect will develop guidelines for the site selection and design of all three ofthe planned Fire Stations, reflecting the goals and needs defined by the Owner and User teams iu the Programming phase and ensuring the efficient distribution of resources between the three facilities. § 3.2.5 Preliminary Design: The initial design proces wherein tile Architect examines major variables in codes and regulations, building technology, schedule, and cost of the project, relative to the requirements and limitations of the program, and proceeds to generate preliminary design solutions that satisfy the project program and submit them for review and discussion. The conceptual drawings inform the Owner's preliminary prcject budget. &3.1$ Preliminary Cost Estimating: At the end of the Programming phase, the Architect will provide a preliminary cost assessment of the project based on the area, material and systems needs defined by the Owner and consultant teams. This estimate will be used to evaluate the appropriateness of the initial project budget and provide a basis for the Owner to adjust either their budget or program, as required, to align the two. § 3.2.7 Scheduling: Architect will use the information compiled in the Programming phase to create and provide to the Owner u baseline schedule for the Project, taking into account design milestones, Owner approval processes, entitlement and other required public processes, cost estimating and a projected construction timeline. § 3.3 The Architect shall provide Programming Services exceeding the limits set forth below us Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 Four (4 ) meetings to determine/reviewOwner and user values and goals .2 Two (2 ) meetings with user groups for the purpose of gathering data .3 One ( l ) 'Hde-o|oog" with Tukwila Fire Department .4 One (l ) meeting with City of Tukwila Planning Department .5 Two (2 )tours n[ each existing Tukwila Fire Station tohcreplaced .G Four (4 )facility visits pursuant tn Section 2.44 ARTICLE 4 OWNER'S RESPONSIBILITIES § 4.1 Unless specifically described in Articles 2 or 3, the services in this Article shall be provided by the Owner or the Owner's consultants. § 4.2 The Owner shall provide to the Architect data and information necessary to complete the Programming Services, including preliminary budget objectives and other parameters for the Project, design standards, facility standards, and other design criteria, environmental criteria and sustainability objectives. § 4.3 The Owner shall identify o representative authorized to act ou the Owner's behalf mparticipate in the information gathering process, to facilitate the programming process, and to provide, in a timely manner, decisions made 6y the Owner. § 4.4 The Owner shall provide to the Architect master plans or record drawings that pertain to a site or existing facility under consideration for development m redevelopment within the scope of this agreement. AIA Document B202TM — 2009. Copyright 0 2009 by The American Institute of Architects. All rights reserved. WARNING: This mw° Document is protected ^ by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA8 Document, or any portion ofit, may result in S / at 15:36:22 on 03/24/2017 "nd=`^"e""1 01=74231 ~....xp.~~~.100~~..~~~.~.~.~sa~ User Notes: (1783058489) § 4.5 The Owner shall provide access to the property, buildings, and personnel necessary for the Architect to complete the Programming Services. The personnel shall conduct tours and explain the property's original, current and anticipated future use. § 4.6The Owner shall make the Owner's personnel available to the Architect, in a firriely manner, to provide information about Owner and user goals and to facilitate decision-making iu accordance with the Project schedule. ARTICLE 5 COMPENSATION § 5.1 For the Architect's Programming Services described Linder Article 2. the Owner shall compensate the Architect osfollows: (Insert umountY{mbasisjisir,mmpensativu) One Hundred and Fifty-five Thousand and One Hundred and Sixteen dollars ($155,116.00) § 5.2 For Additional Services provided under Section 3.}, the Owner shall compensate the Architect usfollows: (Insert amount oforboois/br, compensation. /fnecessary, list 9acifitservices m which particular methods Yf compensation apply.) /\ddibouu| Services described in Section 3.1 are included in the fee defined in Section 5.l. § 5.3 For Additional Services that may arise during the course of the Project, including those under Section 3.3, the Owner shall compensate the Architect uofollows: (Insert amount (?�o,bumb/or,compuvxu/*o) Onnn hourly basis, according to the billing rates defined ioExhibit B. Section ll.7. § 5.4 Compensation for Additional Services of the Architect's consultants when not included in Section 5.2 or 5.3, shall bu the amount invoiced \* the Architect plus Ten percent( 10 YQ ARTICLE G SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Standard Form of Architect's Services: Programming, if any, are as mxoocument B202 TM-20m. Copyright m20oyby The American Institute m Architects. All � --- WARNING: This mA11 Document wprotected Init. by ua 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 Am software / atm:3m2uvno3/o4/un under Order No. 101 1297423_1 which ��esun1nm1omn.mmunmxxms�e User Notes: <17830584e» Additions and Deletions Report for AIA® Document B202TM — 2009 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 15:36:22 on 03/24/2017. PAGE EXHIBIT C Tukwila Fire Stations 51 52 and 54 Tukwila WA City of Tukwila 6200 Southcenter Boulevard Tukwila WA 98188 (Name, legal status and address) Weinstein AU LLC, Limited Liability Company dba: Weinstein A +'U Architects + Urban Designers LLC 2200 Western Avenue Suite 301 Seattle, WashinZon 98121 This Standard Form of Architect's Services is part of or modifies the accompanying Owner - Architect Agreement (hereinafter, the Agreement) dated the Seventeenth day of April in the year Two Thousand Seventeen . Refer to 'Exhibit A: B101 -2007 Ex. A' for Initial Information PAGE 3 § 2.4.3 The Architect shall conduct a walkthrough of the Owner's existing facilities with the appropriate personnel, such as the Owner, property manager, or facility man ageF-,-a*dMAqqZer. , use levels and general adequaey of spaees to aeeemniedate the patterns, and Additions and Deletions Report for AIA Document B202T1— 2009. Copyright © 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAO Document is protected by U.B. 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 15:36:22 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (1783058489) 117 PAGE 4 § 3.1.1 Multiple Site Evaluation Not Provided § 3.1.2 Site Suitability Not Provided § 3.1.3 Site Planning Architect Section 3.2.3 § 3.1.4 Master Planning Architect Section 3.2.4 § 3.1.5 Preliminary Design Architect Section 3.2.5 § 3.1.6 Preliminary Cost Estimating Architect Section 3.2.6 § 3.1.7 Scheduling Architect Section 3.2.7 § 3.1.8 Market Analysis Not Provided § 3.1.9 Detailed Existing Facility Evaluation Not Provided § 3.1.10 Environmental Suitability Not Provided § 3.1.11 Services in support of the Owner's other consultants (Geotechnical Engineer, Landscape Architect, Real Estate or Legal Services Providers, Lending Institutions or others) Not Provided PAGE 5 § 3.2.3 Site Planning: Based on the preliminary site analysis, prepare conceptual site development drawings which may include land utilization, structure placement, facility development, development phasing, access and circulation of vehicles and pedestrians, parking facilities and utility systems. Analyze surface and subsurface conditions, ecological requirements, deeds, zoning, and other legal restrictions, landscape concepts and features. § 3.2.4 Master Planning: The Architect will develop guidelines for the site selection and design of all three of the planned Fire Stations, reflecting the goals and needs defined by the Owner and User teams in the Programming phase and ensuring the efficient distribution of resources between the three facilities. § 3.2.5 Preliminary Design: The initial design process wherein the Architect examines major variables in codes and regulations, building technology, schedule, and cost of the project, relative to the requirements and limitations of the program, and proceeds to generate preliminary design solutions that satisfy the project program and submit them for review and discussion. The conceptual drawings inform the Owner's preliminary project budget. § 3.2.6 Preliminary Cost Estimating: At the end of the Programming phase, the Architect will provide a preliminary cost assessment of the project based on the area, material and systems needs defined by the Owner and consultant teams. This estimate will be used to evaluate the appropriateness of the initial project budget and provide a basis for the Owner to adiust either their budget or program, as required, to align the two. 3.2.7 Scheduling: Architect will use the information compiled in the Programming phase to create and provide to the Owner a baseline schedule for the Project, taking into account design milestones, Owner approval processes, entitlement and other required public processes, cost estimating and a projected construction timeline. .1 Four (4 ) meetings to deteFn+irt+e—determine/review Owner and user values and goals .2 ) interviews-Two (2 ) meetings with user groups for the purpose of gathering data .3 ) presentations to progizaniming pai4ieipafits and usef greup,,Qne ( I ) "ride-along" with Tukwila Fire Department .4 speeial pr-esentations to Beafds of DiFeetai:s, stakeholder greups ar other- autside entities-One I ) meeting with City of Tukwila Planning Department .5 Two 2 )tours of each existi Tukwila Fire Station to be replaced .6 Four (4 ) facility visits pursuant to Section 2.4.4 Additions and Deletions Report for AIA Document B202 TM — 2009. Copyright 0 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAI` Document is protected by U.S, Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIAII 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. 2 This document was produced by AIA software at 15:36:22 on 03/24/2017 under Order No.1 0112974231 which expires on 10/01/2017, and is not for resale. User Notes: (1783058489) 118 PAGE 6 One Hundred and Fifty-five Thousand and One Hundred and Sixteen dollars ($155,116.00) Additional Services described in Section 3.1 are included in the fee defined in Section 5.1. On an hourly basis, according to the billing rates defined in Exhibit B, Section 11.7. § 5.4 Compensation for Additional Services of the Architect's consultants when not included in Section 5.2 or 5.3, shall be the amount invoiced to the Architect plus peFeent 90 ,6), or as otherwise stated belewffen percent ( 10 0/0. Additions and Deletions Report for AIA Document B202 TM — 2009. Copyright 0 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA0 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA11 3 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 15:36:22 on 03/24/2017 under Order No.101 1297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (1783058489) 119 120 ��m� Authenticity v��ovxv��^=" w,^ Document's ^�ux�x��x��o�� Ab8O Document D40 fnw —7003 [ ` hereby certify, m the best ofmy knowledge, information and belief, that |created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 15:36:22 on 03/24/2017 under Order No. |0l|297423_| from A|A Contract Documents software and that iu preparing the attached final document I made no changes to the original text of AIA' Document B202TM — 2009, Standard Form of Architect's Services: Programming, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) AIA Document D401 T" 2003. Copyright 1992 and 2003 by The American Institute mArchitects. All m protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIA0 Document, or any portion of it, may result in severe civil and criminal penalties, and will uv prosecuted to the mmx/mvmextent possible under the law. This document was produced m/ xmsoftware at/a:us:uuunuom^mo1/uoumome,wu1o1 12974231 which expires on,om1um1/. and /s not for resale. User Notes: (1783058*8e) 122 March 14, 2 fl07 Tukwila Fire Stations 51, 52 & 54 Prograntm•ng Phase Fee Calculation, REVI Period of Sv rwces: March 27 to June 30th (14 weeks, 69 working days) Weinstein ABU Fees Item Mask EW MW EN LR Total $200 $150 $125 $100 Week I Generate detailed work plan and schedule 1 16 $2,200 2 k'wr FS51, 52+54 with WAU/TCA 8 8 8 $3,400 3 Review SOJI Pre-programming documentation 1 4 $700 4 Develop programming questionnaire w/TCA and Landscape 1 8 $1,200 Distribute to Owner Team for review 2 $250 1 Compile questionnaire responses 4 $500 5 OwnerWorkshop: WAU, TCA, CoT, TFD, SOJ Develop Owner Workshop agenda/materials w/TCA 1 12 $1,700 Define overall program goals at I half day workshops 4 4 4 $1,700 Compile meeting minutes 2 4 $650 6 Ride-along 8 8 $1,800 Follow-tip notes 1 1 $225 7 Work with TCA on building programming outline 8 $1,000 2 7 Programming meeting with TFD/TCA/WAU - FS51, FS52, FS54 8 8 8 $3,400 Coordinate; prep; compile meeting minutes 6 4 $1,150 10 Develop documentation of all program elements 2 24 8 $4,200 3 Format into Programming Document, Pt. 1 16 8 $2,800 Distribute Programming Document to Owner Team for comment and approval 2 $250 11 Distribute site and program information to Design Team 2 2 $450 12 Kick-off meeting: WAU, CoT, TED, SOJ, all Consultants Coordinate team; Develop Kick-offagenda/materials 1 16 $2,200 4 Discuss program goals, building needs, design ramifications 4 4 4 $1,700 Tour existing stations and new FS51 site with Design Team 4 4 $900 Compile meeting minutes 2 4 $650 13 Meet with Tukwila Planning Dept. (WAU, Civil, Landscape) 4 4 $900 Compile meeting minutes 2 2 $450 14 Research applicable codes and write summaries 4 24 $3,600 5 15 Develop overall project schedules 1 8 $1,200 Confirm internal approval process with Owner Team 1 2 $450 Develop tentative timeline for GC/CM involvement, costing exercises and redline reviews 1 4 $700 Distribute to all parties for review 2 $250 16 Sustainability Integration Workshop: WAU, CoT, TFD, 50J, all Consultants 4 4 4 $1,700 Coordinate team; Develop agenda and materials (with CID?) 1 16 $2,200 6 Evaluate cost/benefits of known sustainable strategies Brainstorm strategies that increase building resiliency in emergencies Find areas of overlap /integration Compile meeting minutes 2 4 $650 17 Develop initial recommendations for owner group into Programming Document, Pt. 2 2 40 8 $6,200 7 Coordinate consultant recommendations and distribute to Owner Team for review 24 $3,000 18 Follow-up meeting with Owner Team to discuss results and make changes 4 4 4 $1,700 Compile meeting minutes 2 2 $450 Distribute results to Design Team 2 $250 8 19 Finalize programming recommendations and compile Programming Document 2 40 8 $6,200 9 20 Coordinate consultant recommendations and distribute to Owner Team for review 24 $3,000 10 $65,925 Total WAU Hours and Fee 47 4 341 103 123 Consultant Fees Cl Operations -TCA $16,290 Add Service: Program re- alignment - cost and operations $1,320 Add Service: Future TFD FF &E Analysis $1,320 C2 Landscape - Swift $3,723 C3 Civil - LPD $6,400 C4 Structural - SSE $7,000 C5 Mechanical - Greenbusch $11,000 Add Service: Energy Box Models x3 Stations $10,000 Add Service: Research Availability of Energy Grants $65,000 C6 Electrical - IravisFitzmaurice $7,500 C7 Cost - Robinson $5,500 TOTAL $57,413 WALL 10% Consultant Mark -up $5,741 CONSULTANTS TOTAL $63,154 C8 Geotech - Hart Crowser $20,634 WAU 10% Consultant Mark -up $2,063 GEOTECH TOTAL $22,697 2% Reimbursables Allowance, incl. 10% Mark -up $3,339 TOTAL PROGRAMMING FEE $155,116 124 1A Document i 200f Standard Form of Architect's Services: Site Evaluation and Planning 5N.95- i o for the following PROJECT: (Name and location or address) Tukwila Fire Stations 51, 52 and 54 Tukwila WA THE OWNER: (Name, legal status and address) City of Tukwila 6200 Southcenter Boulevard Tukwila WA 98188 THE ARCHITECT: (Name, legal status and address) Weinstein AU LLC, Limited Liability Company dba: Weinstein A +U Architects + Urban Designers LLC 2200 Western Avenue Suite 301 Seattle, Washington 98121 THE AGREEMENT This Standard Form of Architect's Services is part of or modifies the accompanying Owner- Architect Agreement (hereinafter, the Agreement) dated the Seventeenth day of April in the year Two Thousand Seventeen . (In words, indicate day, month and year.) TABLE OF ARTICLES INITIAL INFORMATION SITE EVALUATION AND PLANNING SERVICES 3 ADDITIONAL SERVICES 4 OWNER'S RESPONSIBILITIES 5 COMPENSATION 6 SPECIAL TERMS AND CONDITIONS ARTICLE 1 INITIAL INFORMATION The Architect's performance of the services set forth in this document is based upon the following information. Material changes to this information may entitle the Architect to Additional Services. (List below information, including conditions or assumptions, that will affect the Architect's performance.) ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document provides the Architect's scope of services only and must be used with an owner - architect agreement. It may be used with G802TM -2007, Amendment to the Professional Services Agreement, to create a modification to any owner - architect agreement. Init. AIA Document 13203Tm — 2007. Copyright © 2005 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAI' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIM Document, or any portion of it, 1 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 t AIA software at 15:35:37 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (860369992) 125 Refer m 'Exhibit &:B|Ol-2007Ex. A( for Initial Information ARTICLE 2 SITE EVALUATION AND PLANNING SERVICES § 2.1 Tile Architect shall consult with the Owner, research opp|iuubcniuxia,uucudProjeu|meetiogs, communicate with members of the Project team and issue progress reports. The Architect shall coordinate the services provided by the Architect and the Architect's consultants with those services provided by the Owner and tile Owner's cooeu|taoty. § 2.2 The Architect shall prepare, and periodically update, a schedule of Site Evaluation and Planning Services that identifies milestone dates for decisions required of the Owner, services furnished by the Architect and cornp|uiouof documentation to be provided by the Architect. The Architect shal I coordinate tile Site Evaluation arid Planning Services schedule with the Owner's Project schedule. § 2.3 The Architect shall submit documents m the Owner at intervals appropriate m the process for purposes of evaluation and approval by the Owner. The Architect shall be entitled to rely on approvals received from the Owner to complete the Site Evaluation and Planning Services. § 2.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governing and reviewing authorities having jurisdiction over the Project. These documents may include plats, rop|uo. property subdivisions, waivers and variances, for zoning and other development guidelines. § 2.5 The Architect shall provide only the services specifically designated below as the Architect's responsibility. The Architect shall perform the designated services in accordance with a service description located in Section 2.6 nrinuu exhibit attached u/ this services document. (Designate the services thmArr6dru^6o8ymvide/n/6earc"m/co/nmn(?fc6om6le6o/om/v/6c/6irJco/xmo indicate whether the service description is located in Section 2.6 or in an exhibit attached to this services document. //imuxexhibit, identij� the xz6/6/c) Services Responsibility (Architect, Owner or Not provided) Location of Service Description (Section 2.6 below or an exhibit attached to this document and idenl�fied below) § 2.5.1 Program Analysis Architect § 2.5.2 Site Analysis and Selection Architect § 2.5.3 Site Context Architect § 2.5.4 Cultural Factor Analysis Not Provided § 2.5.5 Historic Resource Inventory Not Provided § 2.5.6 Site Development Planning Architect § 2.5.7 Detailed Site Utilization Studies Not Provided § 2.5.8 Utility Studies Architect § 2.5.9 Environmental Studies Not Provided § 2.5.10 Design Guidelines Not Provided § 2.5.11 Parking and Circulation Analysis Architect § 2.5.12 Economic Analysis Architect § 2.5.13 Estimate of the Cost of the Work Architect § 2.5.14 Planning and Zoning Analysis Architect § 2.5.15 Meetings and Presentations Architect Section 2.6.15 and 3.1 xmo��,m�m�-mmc�w�mmm�aou�m�rxe�m��n/��um��m/ ��m�m�m� m� ``—'~--~�'^~`~'~~�'^~ pmeceo by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAO Document, ^r any portion vfit, m e*emcwoand w`m/vm/venamvm.and vnoepmweco�duam* maximum wmvo,�smm�under melaw. Tmsumumemwas pmuu�uu' � / amsmtwore at 1sus.mvnunm*/2un under Order wo.m1oyr^uo_1 which expires vn1om1/2nn. and �nmmrem�e� User Notes: (860369992) § 2.6 DESCRIPTIONS OF SERVICES: A brief description of each Site Evaluation and Planning Service is provided below. (If necessary, provide in Section 2.7 expanded or tnodified descriptions of'the Site Evaluation and Planning Services listed below.) § 2.6.1 Program Analysis: Analyze the Owner's building program with respect to the area required for building; area required for parking, circulation, open space, and other program elements; and any special constraints or requirements such as security, easements, and preserving habitat and wetlands. § 2.6.2 Site Analysis and Selection: Analyze a site or sites designated by the Owner. Analysis may consist of ownership, on -site observations, circulation systems and parking studies, topography analysis, and analysis of deed, zoning and other legal restrictions, studies of availability of construction materials, equipment and labor and construction markets. Evaluate the site studies to assist the Owner in selecting the site for the Owner's project. § 2.6.3 Site Context: Describe physical characteristics and context of immediately surrounding area and a general land use pattern, with a brief description of proximate development, such as agricultural, single - family detached residential, single - family attached residential, multi - family residential, retail, commercial, office, light industrial, heavy industrial, public and semi - public use, park and open space, vacant, or other appropriate land uses. § 2.6.4 Cultural Factor Analysis: Research the history of the site that may include historic land uses, existing structures on and adjacent to the site, archaeological significance, other cultural factors and analyze the impact of the proposed use on the surrounding sites and community. § 2.6.5 Historic Resource Inventory: Prepare an inventory of any historic structures, or other historic features on the site. Identify landmark features or structures as noted on local, city, county, state, or Federal inventory of historically significant buildings, places or features. § 2.6.6 Site Development Planning: Based on the preliminary site analysis and selection of a site, prepare conceptual site development drawings which may include land utilization, structure placement, facility development, development phasing, access and circulation of vehicles and pedestrians, parking facilities and utility systems. Analyze surface and subsurface conditions, ecological requirements, deeds, zoning, and other legal restrictions, landscape concepts and features. § 2.6.7 Detailed Site Utilization Studies: Prepare a detailed site analysis, which may include land utilization, structure placement, facilities development, circulation systems, parking facilities and utility systems. Analyze surface and subsurface conditions, the soils report, vegetation, slope of land, ecological requirements, deeds, zoning and other legal restrictions, landscape features and materials. § 2.6.8 Utility Studies: Establish requirements and prepare initial designs for the on -site utilities which may include electrical service and distribution, gas service and distribution, water supply and distribution, site drainage, sanitary sewer collection and disposal, process waste water treatment, storm water collection and disposal, central -plant mechanical systems, fire systems, emergency systems, security, pollution control, site illumination, and communications systems. Analyze the availability of existing utility mains, transmission and distribution lines. § 2.6.9 Environmental Studies: Determine the need for environmental monitoring, assessment and impact statements and prepare reports as required. If required, attend public meetings and hearings. § 2.6.10 Design Guidelines: Prepare design guidelines to develop a set of standards for site improvements, including signage, lighting, landscaping, pedestrian amenities, banners, and other similar guidelines. § 2.6.11 Parking and Circulation Analysis: Determine parking requirements for the Project, including the number of parking spaces required by governing agencies and the Owner. § 2.6.12 Economic Analysis: Based on the above surveys, evaluations, studies and inventories, assess the extent of buildable area and the potential impact on development cost. AIA Document B203 TM 2007. Copyright © 2005 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAx Document is (nit. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAs Document, or any portion of it, 3 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 t AIA software at 15:35:37 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (860369992) 127 § 2.G.i3 Estimate n{ the Cost of the Work: Prepare u preliminary estimate of the cost of the work for the development of the site based on the design approved by the Owner. § 2.6.14 Planning and Zoning Analysis: Identify and research applicable planning and zoning ordinances. Develop and present options to the Owner. §2.G.15 Meetings and Presentations: Attend meetings, public hearings, and citizen information meetings an directed by the Owner. Represent the Owner in presenting the proposed development to the governing agencies for approval. Prepare presentation materials for selected options and present to the governing agencies at public meetings and hearings. §2.7 EXPANDED DESCRIPTION OFSERVICES (In the space below, provide expanded or modVcd descriptions oftheSite Evaluation and Planning Services listed o6o"x' add other services ux space yonmds, v,o/e,/oux exhibit attached /o this obcnmcnt./ § 2.7.16 Geotechnical Reports: Review of existing historical geology and geotechnical information, if available; test borings, determinations ofsoil bearing values, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. ARTICLE 3 ADDITIONAL SERVICES § 3.1 The Architect shall provide Site Evaluation and Planning Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .i Two (2 ) visits tv the site 6y the Architect over the duration nf the services .2 Two (2 ) presentations of any portion of the Services oe requested hy tile Owner .3 Two (2 ) meetings with any boards, committees or other required groups ARTICLE 4 OWNER'S RESPONSIBILITIES § 4.1 The Owner shall furnish uprogram setting forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, special equipment, systems and site requirements. § 4.2 The Owner shall provide the Architect with any available previous studies, data, reports, or documents which have a direct bearing on the requirements of the Project and that may be reasonably needed for the Project. § 4.3 The Owner shall provide access to the property, buildings, and personnel necessary for the Architect to complete the services. The Owner shall conduct tours and explain tile property's original, current and anticipated future use. § 4.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines nf streets, alleys, pavements and adjoining property and structures; aUuceotJmina8o; rig6ty-uf-*ny, rcxrictiuuo, ousomeuts, encroachments, zoning, decd restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on tile survey shall be referenced to a Project benchmark. (Paragraph deleted) ARTICLE 5 COMPENSATION § 5.1 For the Architect's Site Evaluation and Planning Services described under Article 2, the Owner shall compensate the Architect uxfollows: (Insert amount (?fv,buxisf6r,conmcnvo/oo) Ninety-eight Thousand, One Hundred and Fifty dollars ($98.l50.0N § 5.2 For Additional Services that may arise during the course of the Project, including those under Section 3. 1, the Owner shall compensate the Architect uafollows: (Insert amount (?fm6��br,mmpxnsation.) AIA Document B203 W-mmCopyright@x005 and 2007 by The American Institute mArchitects. All WARNING: This m�o�d distribution �f ��'Doc or any portion ^rit, may 4 n/ rve�cw/and ��/nmn�mx,�and `wnbe»�mwu"*mmmwmaxmnumememns�mmu�e,�n�eruauu�mum�unmuumuuv / ^m software at 15:35:37 on 03/24/2017 under Order No.101 12974231 which expires on 10/01/2017, and is not for resale. User Notes: (860369992) On an hourly basis, according to the billing rates defined in Exhibit B, Section 11.7. § 5.3 Compensation for Additional Services of the Architect's consultants, when not included in Section 5.2, shall be the amount invoiced to the Architect plus Ten percent( 10 %). ARTICLE 6 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Standard Form of Architect's Services: Site Evaluation and Planning, if any, are as follows: AIA Document B203TM — 2007. Copyright Q 2005 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA11 Document is Init. protected by US. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIA11 Document, or any portion off 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 15:35:37 on 03/24/2017 under Order No.101 12974231 which expires on 10/01/2017, and is not for resale. User Notes: (860369992) 129 130 � and Deletions �� ^�.�xvx�w,x"��vx.mu��"~==""�"~��'.^"°"=~ Ak\0 A703r _7O07 This Additions and Deletions Report, as defined un page 1 m the associated document, reproduces below all text the author has added m the standard form xm document in order m complete it, oo well ao any text the author may have added mur deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA tom. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously uvmA software at1son:oronoaowzn17. PAGE 1 EXHIBIT D Tukwila Fire Stations 51, 52 and 5 Tukwila WA City of Tukwila 6200 Southcenter Boulevard Tukwila WA 98188 (Name, legal oatim and address) Weinstein AU LLC, Limited Liability Company dba: Weinstein A+U Architects + Urban Designers LLC 2200 Western Avenue Suite 301 Seattle, Washington 98121 This Standard Form of Architect's Services io part ofo, modifies the accompanying Owner-Architect Agreement (hereinafter, the Agreement) dated the Seventeenth day mfAffiLin the year Two Thousand Seventeen . PAGE 2 Refer to 'Exhibit A: B 10 1 -2007 Ex. A' for Initial Information § 2.5.1 Program Analysis Architect § 2.5.2 Site Analysis and Selection Architect § 2.5.3 Site Context Architect § 2.5.4 Cultural Factor Analysis Not Provided § 2.5.5 Historic Resource Inventory Not Provided § 2.5.6 Site Development Planning Architect Additions and Deletions Report for AIA Document B203TM—e007.00pyrigm@2005 and 200rby The American Institute of Architects. All rights reserved. WARNING: This mx° Document is protected byu.a Copyright Inmmummerreaom.unaumonzeumpmouctmnma/striuuuonmmismvp 1 Document, or any portion of it, may result m severe civil and criminal penalties, and will mn prosecuted tom*mammumwmempomsiu/evnue,mnlaw This document was produced by AIA software at 15:35:37 on 03/24/2017 under Order No.101 12or^mx_1wmm��ovn1om1oun. and /unmmv�v /m. User Notes: (mmxoyynu) § 2.5.7 Detailed Site Utilization Studies Not Provided § 2.5.8 Utility Studies Architect § 2.5.9 Environmental Studies Not Provided § 2.5.10 Design Guidelines Not Provided § 2.5.11 Parking and Circulation Analysis Architect § 2.5.12 Economic Analysis Architect § 2.5.13 Estimate of the Cost of the Work Architect § 2.5.14 Planning and Zoning Analysis Architect § 2.5.15 Meetings and Presentations Architect Section 2.6.15 and 3.1 § 2.5.16 Geotechnical Reports Architect Section 2.7 PAGE § 2.7.16 Geotechnical Reports: Review of existing historical geology and geotechnical information, if available; test borings determinations of soil bearing values including necessary perations for anticipating subsoil conditions with written reports and appropriate recommendations. Two (2 ) visits to the site by the Architect over the duration of the services Two ( 2 ) presentations of any portion of the Services as requested by the Owner Two (2 ) Meetings with any boards, committees or other required groups Ninety-eight Thousand One Hundred and Fifty dollars ($98,150.00) PAGE 5 On an hourly basis according to the billing rates defined in Exhibit B Section 11.7. § 5.3 Compensation for Additional Services of the Architect's consultants, when not included in Section 5.2, shall be the amount invoiced to the Architect plus ° :Ten percent( 10 %). Additions and Deletions Report for AIA Document B203 TM — 2007. Copyright © 2005 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAO Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA0' 2 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 15:35:37 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (860369992) 132 133 �� Certification of AIA@l Document D40 ITM —2003 i , hereby certify, m the best ofmy knowledge, information and belief, that | created the attached final document simultaneously with its associated Additions and Deletions Report and this certification m\5:3j:]7w0/24/20l7 under Order No. |011297423_\ from &l& Contract Documents eoK*nro and that in preparing the attached final document I made no changes to the original text of AIA' Document B203 TM — 2007, Standard Form of Architect's Services: Site Evaluation and Planning, as published by the AIA in its software, other than those additions and deletions shown iu the associated Additions and Deletions Report. (Signed) mA Document o4o TM—u00zuownghtm1eyu and o00xu' The American Institute m Architects. All rights reserved. WARNING: This mA111 m*umwmis protected by U.S. Copyright and International Treaties. Unauthorized reproduction o, distribution m this mmn Document, e, any portion urit, may lt in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced uv xm software at 1n:uoorvnomowxon under Order wo.1n1 1uor^23�/ which expires vn1mo1oon. and /snmxv�u�e. User Notes: (000aooynm March 24, 2017 Tukwila Fite Stations 52 & 54 Site Selection Fee Calculation, REV2 Period =J Swvjces: July 10, 2017, to July 6, 2018 (12 months) Weinstesn AU Fees EW EN Total Item °task $200 $125 $22,744 1 !b er vng with City of Tukwila real estate team to finalize process 3 3 $975 $39,472 Meeting notes and follow -up with consultants $ 3,947 2 $250 2 4551 rest Fit #1: Site visit ..Notes. 1.5 1.5 $488 1 $125 Research on available site info 4 $500 ( rordination meeting with consultants (incl. prep and notes for all four site options) 1 4 $700 Test fits of program 8 8 $2,600 Coordination of consultant scope 4 $500 Produce report for Owner Team 4 $500 3 FS52 Test Fit #2: _. Site visit 1.5 1.5 $488 _... Notes 2 $250 Research on available site info 4 $500 Test fits of program 8 8 $2,600 Coordination of consultant scope 4 $500 Produce report for Owner Team 4 $500 4 PS54 Test Fit 41: Site visit 1.5. 1.5 $488 Notes 2$250 Research on available site info 4 $500 Test fits of program 8 8 $2,600 Coordination of consultant scope 4 $500 Produce report for Owner Team 4 $500 5 FS54 Test Fit #2: Site visit. 1.5. 1.5- $488 ....... Notes 2 $250 Research on available site info 4 $500 Test fits of program 8 8 $2,600 Coordination ofconsultant scope 4 $500 Produce report forOwner Team 4 $500 6 Additional round of site visits 4 4 $1,300 7 Community Meeting 1: ... ......$500 ._... Materials. prep 4 Meeting 4 4 $1,300 8 Community Meeting 2: Materials prep 4 $500 Meeting 4 4 $1,300 9 Meet with Owner Team to discuss site options 4 4 $1,300 Meeting notes and follow up with consultants 2 $250 Total WAU Hours and Fee 58 128 $27,600 Consultant Fees C1 Operations - TCA $3,600 C2 Landscape - Swift $5,144 C3 Civil - LPD $12,000 C4 Cost - Robinson $2,000 TOTAL $22,744 WAU 10% Consultant Mark -up $2,274 CONSULTANTS TOTAL $25,018 C5 Geotech - Hart Crowser $39,472 WAU 10% Consultant Mark -up $ 3,947 GEOTECH TOTAL $43,419 2% Reimbursables Allowance, incl. 10% Mark-up $2,113 TOTAL SITE SELECTION FEE $98,150 Exclusions: Additional site analysis beyond 2x station More than two trips to Tukwila to visit potential sites More than two community outreach meetings Eminent Domain site selection support documentation Discussions with neighboring FDs regardingjoint use Additional response modeling support 135 136 1 1� 11 Standard Form of Architect's Services: Architectural Interior Design EXHIBIT E for the following PROJECT: (Name and location or address) Tukwila Fire Stations 51, 52 and 54 Tukwila WA THE OWNER: (Name, legal status and address) City of Tukwila 6200 Southcenter Boulevard Tukwila WA 98188 THE ARCHITECT: (Name, legal status and address) Weinstein AU LLC, Limited Liability Company dba: Weinstein A +U Architects + Urban Designers LLC 2200 Western Avenue Suite 301 Seattle, Washington 98121 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. THE AGREEMENT This document provides the This Standard Form of Architect's Services is part of or modifies the accompanying Architect's scope of services only Owner - Architect Agreement (hereinafter, the Agreement) dated the Seventeenth day of and must be used with an April in the year Two Thousand Seventeen . owner- architect ag Teement. It may (In words, indicate day, month and year.) be used with G802-2007, Amendment to the Professional TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECTURAL INTERIOR DESIGN SERVICES 3 ADDITIONAL SERVICES 4 OWNER'S RESPONSIBILITIES 5 COST OF THE WORK COMPENSATION SPECIAL TERMS AND CONDITIONS ARTICLE 1 INITIAL INFORMATION The Architect's performance of the services set forth in this document is based upon the following information. Material changes to this information may entitle the Architect to Additional Services. Services Agreement, to create a modification to any owner - architect agreement. AIA Document B262 TM — 2007. Copyright © 2005 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAO Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, 1 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 t AIA software at 15:34:33 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (1484154992) 137 (List below iqbrinatiovthat will qlfLct the A rchitect'sper(brniance, including the Owners Budgelfor the Cost (.?f the Work, and the Owners anticipated dates.for commencement qfconstruction andSubstantial Cooplelioxj Refer to'Exhibit A:Bl0l-20N7 Ex. A' for Initial Information ARTICLE 2 ARCHITECTURAL INTERIOR DESIGN SERVICES § 2.i The Architect shall manage and administer the Architectural Interior Design Services. The Architect s6uU consult with the Owner, research applicable criteria, attend Project meetings, communicate with members of the Project team and issue progress reports. The Architect shall coordinate the services provided by the Architect and the Architect's consultants with those services provided by tile Owner and the Owner's consultants. § 2.2 The Architect shall prepare, and periodically update, u schedule ofArchitectural Interior Design Services that identifies milestone dates for decisions required by the Owner, services furnished by the Architect and cornpletion of documentation to be provided by the Architect. The Architect shall coordinate the Architectural Interior Design Services schedule with tile Owner's Project schedule. Q2.3Tile Architect shall submit documents to the Owner at intervals appropriate to the process for purposes of evaluation and approval by the Owner. The Architect shall be entitled to rely Upon approvals received frorn the Owner `o complete the Architectural Interior Design Services. § 2.4 Except with the Owner's knowledge and consent, the Architect shall not (\) accept trade discounts; (2) have n significant financial interest; or (3) undertake any activity or employment or accept any contribution if it would reasonably appear that such activity, employment, interest or contribution could compromise the Architect's professional judgment. §lSPROGRAMMING PHASE SERVICES §25.1 The Architect shall consult with representatives of the Owner m review the applicable requirements of the Project in order to understand the goals and objectives of the Owner with respect to their impact on the Owner's space requirements. § 2.5.2 The Architect shall review the requirements necessary for the various Project functions, relationships m operations, such ao those for existing and projected personnel, space, furniture, furnishings and equipment, operating procedures and communications. § 2.5.3 The Architect shall assist the Owner in the preparation ofa budget for the Work and u Project schedule. § 2.5.4 The Architect shall gather information to be furnished by the Owner's representatives to aid the Architect in Understanding the Owner's present, short-term and long-term personnel and space requirements, including special equipment needs, organizational structure, adjacencies and workflow. § 2.5.5 The Architect shall conduct interviews with the Owner's representatives and shall observe existing conditions * the Owner's facilities. § 2.5.6 The Architect shall develop personnel space standards based upon an evaluation of the functional requirements and standards of the Owner. Personnel space standards shall take into consideration the design and layout nf furniture system workstation environments, if applicable. The proposed space standards oho|| be submitted for the Owner's review and approval. § 2.5.7 The Architect shall develop a general understanding of the Owner's equipment requirements, including data and telecommunications equipment, reproduction equipment and the corresponding environmental conditions required tn maintain such equipment. §2.5.8The Architect shall prepare a written summary of observations and make recommendations with respect to the p|000iug of the facility. The Architect yhu|| prepare uwritten apuoo program for the Owner's review and approval. xmmmument 8252TM-2007.00ppmQ��u��m�r��n/�m�m�m��xn mApu�u�m� |»� protected ov ~/n�mem�v/r�mmsun�mvna� �acouo distribution ��A�''�c--'�or any portion uit, may u* severe uivnanv^nm.pp*°nau*w.mndwm/ueomoecvtedmmemmumvmmmempossm/evomermelaw.rxisuocumemwmspmuuceuuv / xmsmftwere at 1uo^:3uvnox/2^oon under Order wu.m1 1cyrmu_1 which expires on1um1/2on. and /snmmr�ome. User Notes: (1484154992) (Paragraphs deleted) § 2.7 SCHEMATIC DESIGN PHASE SERVICES § 2.7.1 Based on the approved written program, the Architect shall prepare for the Owner's approval adjacency diagrams showing the general fitnctional relationships for both personnel and operations. § 2.7.2 The Architect shall review with the Owner alternative designs and methods for procurement of the furniture, furnishings and equipment, and shall notify the Owner of anticipated impacts that such designs and methods may have on the Owner's program, financial and time requirements, and the scope of the Project. § 2.7.3 Upon approval of the adjacency diagrams, the Architect shall prepare a space plan that delineates the location of walls, doors, windows, rooms, offices, workstation areas and special use areas to conform to program requirements. The Architect shall submit the space plan for the Owner's review and approval. § 2.7.4 The Architect shall prepare the design concept for the Project, indicating the types and quality of finishes and materials and furniture, furnishings and equipment. § 2.7.5 The Architect shall assist the Owner in the preparation of a preliminary Project schedule and when the Project requirements have been sufficiently identified, the Architect shall prepare a preliminary estimate of the Cost of the Work. § 2.8 DESIGN DEVELOPMENT PHASE SERVICES § 2.8.1 Based on the approved Schematic Design, the Architect shall prepare and present, for approval by the Owner, Design Development Documents, which shall consist of drawings and other documents describing the size and character of the interior construction of the Project. (Paragraph deleted) § 2.8.3 The Architect shall illustrate the architectural and decorative character of the Project. Such illustrations may include drawings, plans, elevations, sections, renderings, photographs, and samples of actual materials, colors and finishes. § 2.8.4 The Architect shall assist the Owner in the preparation of adjustments to the preliminary schedule and estimate of the Cost of the Work. § 2.9 CONTRACT DOCUMENTS PHASE SERVICES § 2.9.1 Based on the approved Design Development Documents and other documents including schedule and estimate of the Cost of the Work, the Architect shall prepare Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings, Specifications and other documents required to describe the interior construction necessary for the Project. § 2.9.2 The Contract Documents shall include plans, elevations, sections, schedules, details and specifications required to describe the interior construction work. (Paragraph deleted) § 2.9.4 The Architect shall assist the Owner in the preparation of the necessary Quotation and Bidding Documents § 2.9.5 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 2.10 BIDDING AND QUOTATION PHASE SERVICES § 2.10.1 Following the Owner's approval of the Contract Documents, the Architect shall assist the Owner in establishing a list of prospective contractors for construction and vendors for furniture, furnishings and equipment. § 2.10.2 The Architect shall assist the Owner in obtaining competitive bids or negotiated proposals for construction and quotations for furniture, furnishings and equipment. AIA Document B252 TM — 2007. Copyright © 2005 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA8 Document, or any portion of it, 3 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 t AIA software at 15:34:33 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (1484154992) 139 § 2.10.3 Bidding Documents shall consist ofbidding requirements and the proposed Contract Documents. § 2.10.4 Quotation Documents shall consist of quotation requirements and the proposed Contract Documents. § 2.10.5 The Architect shall prepare written responses to questions from prospective contractors and vendors and provide written clarifications and interpretations ofdheEUddhoguod 0umodno Documents in the form of addenda. § 2.10.6 The Architect shall assist the Owner io reviewing bids and quotations. The Architect shall assist the Owner in awarding and preparing agreements for the Project. §110JD the Owner and Architect agree that the Architect wiUpmcase fumkmc furnishings and equipment on behalf of the Owner with funds provided by the Owner, the duties and compensation related to such additional services shall be set forth in a separate agreement. (Paragraphs deleted) ARTICLE ADDITIONAL SERVICES § 3.1 In addition to the Architectural Interior Design Services described above, the Architect shall provide Additional Services only if specifically designated below as the Architect's responsibility. The Architect aho|| perform such Additional Services in accordance with u service description provided in Section 3.2or attached u000 exhibit m this services document. (Designate the Additional Services the Architect shall provide /n the second column Y/ the table below [n the third co/wvmbndicote whether the service description is located /n8nxtionl2o,/non exhibit attached m this ;or,/cc; document. /y/nun exhibit, /uen/�/ the o,6@iu Services Responsibility (Architect, Owner or Not Provided) Location of Service Description (Section 3.2 below or an exhibit attached to this document and ident�fied below) § 3.1.1 Measured Drawings Not Provided § 3.1.2 Existing FF&E Inventory Not Provided § 3.1.3 Valuations/Appraisals of Existing FF&E Not Provided § 3.1.4 Special Studies and Surveys Not Provided § 3.1.5 Graphics & Signage Design Not Provided § 3.1.6 Art Selection and/or Procurement Not Provided § 3.1.7 Special Consultants Not Provided § 3.1.8 Studies Related to Future FF&E Not Provided § 3.1.9 Detailed Cost Estimates Architect Section 3.2 § 3.1.10 Detailed Quotation Review Not Provided § 3.1.11 Receive/Inspect/Accept/Reject Furniture Not Provided § 3.1.12 Post-Occupancy Evaluations Not Provided § 3.1.13 Operating Cost Analysis Not Provided § 3.1.14 Extending Services after Project Completion Not Provided § 3.1.15 Reviewing Extensive Number of Claims Not Provided § 3.1.16 Vendor Default Services Not Provided § 3.1.17 Damage Replacement Consulting Not Provided § 3.1.18 Public or Legal Proceedings Activities Not Provided § 3.1.19 On-Site Project Representation (B207Tm-2008) Not Provided mxo��meno�-�u��mm��r�x��/�m�m��xx M�� m� Copyright � '----'--- protected International Treaties. Unauthorized reproduction wrdistribution of this mAO Document, ^,any portion of it, 4 m x/ v"o�^m/and onmmmme�mem'and vwouep�wervmm�mn maximum mmempmm/ueunder me��rmsu�ume��unmuumuu' / xm software atmzwonvoono*monunuerorde,wv.m1ommx_1wm/cxexpieavn1om1/2on.anuisnmmrre,alo. User Notes: (1484154992) �� .�^� § 3.1.20 Equipment Testing and Training Not Provided § 3.1.21 Premium -Grade Casework and Custom Furniture Design Not Provided § 3.2 Insert a description of each designated Additional Service the Architect shall provide if not further described in an exhibit attached to this document. § 3.2.1 Detailed Cost Estimates: Work and materials related to the Architectural Interior Design scope will be priced and incorporated into the Detailed Cost Estimates produced as part of the Design Services, as described in Exhibit B: B 101 -2007. § 3.3 Additional Services may be provided after execution of the Agreement, without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 3.3 shall entitle the Architect to compensation pursuant to Article 1 I of Exhibit B, and an appropriate adjustment in the Architect's schedule. (Paragraphs deleted) ARTICLE 4 OWNER'S RESPONSIBILITIES (Paragraph deleted) § 4.2 The Owner shall be responsible for the relocation or removal of existing furniture, furnishings and equipment, and the contents from the facility, unless specifically designated otherwise in Article 7. ('Paragraphs deleted) § 4.5 Unless otherwise provided for under the 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. 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. § 4.6 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 5.1; (2) the Owner's other costs; and (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project's scope and quality. § 4.7 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. (Paragraphs deleted) § 4.11 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. § 4.12 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. AIA Document B262 TM — 2007. Copyright 0 2005 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAI& Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA6 Document, or any portion of it, 5 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 i AIA software at 15:34:33 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (1484154992) 141 (Table deleted) (Paragraphs deleted) (Table deleted) (Pai-agi,al)hs deleted) ARTICLE 7 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Standard Form of Architect's Services: Architectural Interior Design, if any, are as follows: AIA Document B262r" — 2007. Copyright@ 2005 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA"' Document is Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA11 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 15:34:33 on 03/24/2017 under Order No.1 0112974231 which expires on 10/01/2017, and is not for resale. User Notes: (1484154992) Ulu Additions and Deletions Report for AIA® Document 8252TM — 2007 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 15:34:33 on 03/24/2017. PAGE EXHIBIT E Tukwila Fire Stations 51 52 and 54 Tukwila WA City of Tukwila 6200 Southcenter Boulevard Tukwila WA 98188 (Name, legal status and address) Weinstein AU LLC, Limited Liability Company dba: Weinstein A +U Architects + Urban Designers LLC 2200 Western Avenue Suite 301 Seattle, Washington 98121 This Standard Form of Architect's Services is part of or modifies the accompanying Owner - Architect Agreement (hereinafter, the Agreement) dated the Seventeenth day of April in the year Two Thousand Seventeen . PAGE Refer to 'Exhibit A: BI01 -2007 Ex. A' for Initial Information PAGE 3 § 2.6 DDC LEASE ANALYSIS AND FEASIBILITY PHASE S 1214rce pregfaramatie Fequifements. The number of alterna4ive buildings shall be specified in Astiele 7. § 2.6.2 The Af ehiteet shall f eview the alterfieAive buildings with respeet te gross, usable er rentable area, buildin eenfiguFatien and mehiteetural features. § 2.6,3 The .4ehiteet shall ppepare ene (1) test fleer plan in eaeh alternate building. Additions and Deletions Report for AIA Document B252TM — 2007. Copyright © 2005 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA11 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAI` 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 15:34:33 on 03/24/2017 under Order No.1 01 1297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (1484154992) 143 § 2.6.4 The Afehiteet shall review the quality and quantity of the building standards being affefed in the land eel s weirkletter, PAGE 4 CONSTRUCTION PHASE SERVICES § 2.11.1 GENERAL § 2.11.1.1 TheArehiteet shall provide administfation of the Gentrae4 between the ON"er and GeHtFaeter as set forth 1, 141 "',4`7 ...... . . ............. .. I ............... IM I WIN 0111 IMM 1 MEr W M RON ............ . ..... ....... —MV IMMEM. Mr-riarift Additions and Deletions Report for AIA Document B252TM-2007. Copyright@ 2005 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 AIAKI 2 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 15:34:33 on 03/24/2017 under Order No.1 01 1297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (1484154992) 144 .0 Li M OWN A ... ........ ..... . . ...... F SEW �72- NO Mq -�VMIVPM RIORMNEW. . 11�11 M—MMANVAT19WARIMOMM"Mr ........ . .... ..... 17�r-"-qMjrMM 1 M .... ............ .9 IMP MTV.-TIMOMM.-M IMM MOSIMM WIN UZZAMALLUMS ........... ... .... . ..... . ..... Mr ...... ..... . ......... ....... . 1 vr�.M ME . .......... . .... ....... . .. . ... .......... . .......... . ................ . . ......... a Ell . ..... . ...... M M-M M N.M-WAVM . .... ......... MR . ............. ......... ...... . ............. ......... ... MOMMM."Enw. . .......... .... ........ ...... ............ MMM . ................. ....... ------- . . ......... ... or Additions and Deletions Report for AIA Document B262 T1 — 2007. Copyright 0 2005 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAI` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA11 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 15:34:33 on 03/24/2017 under Order No.101 12974231 which expires on 10/01/2017, and is not for resale. User Notes: (14134154992) 145 es or Drawings and ether submittals Felated to the WoFk designed or eeFtified by the design pi-efessional retained by the Geiitraeter that bear stieh professioHal's sea! and signatafe -Mien submitted to the Arehiteet. The Afehiteet shall be § 2.11.4.4 Sul�eet to Seetion 3.3, the Arehiteet shall revie-A, and FespoHd to fequests for iHfOffliation about the information. Requests foF inibmiation shall inelude, at a minimum, a detailed written statement that indieates th Arehiteet's respense to stieh requests shall be FAade in wrifing withiH any fiffle limits agreed Lipeti, or other-wise 'Aith reasonable promptness. if appFopriate, the Arehiteet shall pFepaFe and issue supplemental Pra",ings and § 2.11.4.5 The Uehiteet shall maintaiii a reeerd- of suh-Mittals and eopies of submittals supplied by the GentmetOF iH § 2.11.5 CHANGES IN THE WOR Doeuments and de iiet invelve an adjustment ifi Gewfaet Sum or an extension of the Gentraet Time. Subjea to § 2.11,6 CONSTRUICTION COMPLETION § 2.11.6.1 The,kFehiteet sh—All ce.Aein.ddlulpett 4inspeetiatis to deterfflifie the date ef: dates of Substantial Gomplefien and the date of final eempletion; issue GeFtifieates of Substantial GompletioH; feeeive frem the Gewraeter and ferwat:d to Poeuments and assembled by the GontraetoF; and issue a final Gei4ifieate for Payment based upen a final inspeeiion Aff-Aeter- of Work to be eompleted or eorFeeted. § 2.11.6.3 Whefi the )AIME is found to be subs4antially eomplete, theAkFehiteet shall inform the Ownef about the eonsent of sufety of sufeties, if my, to reduetion in or pai4ial release of retainage or the making of final payment; (2) affidavits, feeeipts, releases and -A,akws of liens oF bonds indemni6,ing the QN"eF against liens; and (3) an), other- § 2.12 FURNITURE, FURNISHINGS AND EQUIPMENT CONTRACT ADMINISTRATION PHASE SERVIC § 2.12.1 Ue Afehiteet shall pfevide admifiis4ratien ef the eontraets, for furniture, fumishifigs and equipment enly as set fef4h bejow and in AIA Daeument,N25 !Tm 2007, General Conditions of the Gontraet for Furniture, Fumishings afid . Equi ment. Additions and Deletions Report for AIA Document B252— — 2007. Copyright © 2005 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA11 Document is protected by U.S. 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 15:34:33 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (1484154992) § 3.1.1 Measured Drawings Not Provided § 3.1.2 Existing FF&E Inventory Not Provided § 3.1.3 Valuations/Appraisals of Existing FF&E Not Provided § 3.1.4 Special Studies and Surveys Not Provided § 3.1.5 Graphics & Signage Design Not Provided § 3.1.6 Art Selection and/or Procurement Not Provided § 3.1.7 Special Consultants Not Provided § 3.1.8 Studies Related to Future FF&E Not Provided § 3.1.9 Detailed Cost Estimates Architect Section 3.2 § 3.1.10 Detailed Quotation Review Not Provided § 3.1.11 Receive/Inspect/Accept/Reject Furniture Not Provided § 3.1.12 Post-Occupancy Evaluations Not Provided § 3.1.13 Operating Cost Analysis Not Provided § 3.1.14 Extending Services after Project Completion Not Provided § 3.1.15 Reviewing Extensive Number of Claims Not Provided § 3.1.16 Vendor Default Services Not Provided § 3.1.17 Damage Replacement Consulting Not Provided § 3.1.18 Public or Legal Proceedings Activities Not Provided § 3.1.19 On-Site Project Representation (B207Tm-2008) Not Provided § 3.1.20 Equipment Testing and Training Not Provided 4 3.1.21 Premium-Grade Casework and Custom Not Provided Furniture Design Additions and Deletions Report for AIA Document B262T" — 2007. Copyright C 2005 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAO Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAO 5 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 15:34:33 on 03/24/2017 under Order No.101 1297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (1484154992) 147 PAGE 5 3.2.1 Detailed Cost Estimates: Work and materials related to the Architectural Interior Desi�,,n scope will be priced and incorporated into the Detailed Cost Estimates produced as part of the Design Services, as described in Exhibit B: 1310£2007. § 3.3 Additional Services may be provided after execution of the Agreement, without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 3.3 shall entitle the Architect to compensation pursuant to and an appropriate adjustment io the Architect's schedule. § 3.3.4 U the need to perform the fellewirigAdditienal Sefviees, the AFehiteet shall natify4he om,ni-,r 1A, th reasonable promptness and explain the fac4s and eifeurnsta to the Heed. The Arehitee by the O"ner, OF a material ehange in the Nejeet ineluding, but not limited to, size, qualit earnplexity, the Owner's sehedule or budget for Cost of the Wark, or pfoeureffiefit or deli--- method; .2 Changing or editing previously prepared instFamerns of SeF,,,iee neeessitated by the enaetment or revision of eades, laws er regulations of offieial interpretations" .3 Serviees neeessitated by deeisions of the Owner not rendered in a timely manner or any other failur-e of peffermantee on the part of the Owner of the Owner's eonsultants or eentraetors; .4 Preparing digital data for transmission te the Owner's eonsultants alld eentfaeters, ef to other Owner authorized r-eeipierns; .5 PrepafeAien of design and deetimentatien for alternate bid ef proposal requests pfepesed by44+e .6 Preparation for, and attendanee at, a publie presentation, meeting or h i g; .7 Preparation for, and attendanee at a dispute resolution proeeeding of lega4-i �pt where the Mehiteet is party therete-, .9 Consultation eeneerning replaeernent of Work resulting ffern fire er other eause daring eeristruetien, Of .10 AssistaHee to the initial DeeisioH Maker, if other than thekfehitee4. Additions and Deletions Report for AIA Document B252 TI-2007. Copyright Q 2005 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This mu* Document is protected uyuS. Copyright mwo G Document, "r any portion rr 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 15:34:33 on 03/24/2017 under Order No.1 0112974231 which expires nn10/u1oon. and /a not for resale. User Notes: (148415*992) .�,� PAGE 6 Additions and Deletions Report for AIA Document B252TM — 2007. Copyright 0 2005 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA11 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA11 7 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 15:34,33 on 03/24/2017 under Order No.101 1297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (1484154992) WK EMMMM pf Mr MWM.TPUMWM I MUM. 91MM-ffrP!WMnMWdW. MM Additions and Deletions Report for Am Document B2mTI-2007. Copyright Quom and 20mbyThe American Institute m Architects. All rights reserved. WARNING: This m»n Document is protected uyu.S. Copyright mwm 8 Document, or any portion *v it, may result m severe civil and criminal penalties, and will ue prosecuted mmemax/mumextentwms/uleuooe,mplam This document was produced »vxm software m1s:mxunnumzwoo1r under Order wo.m1 1n7^2o_1 which expires vn1om1/2on. and /u not for resale. User Notes: (1484154992) § 6.4 Compensation faf Additional SeFN'iees of the Afehiteet's eonsultants when not ineluded in Seetion 6.2 or 6.3, shall be the aniount invoieed to theAFehiteet plus pereent ( 0 6), or as othefwise stated below� Pfegramming Phase pereent Pfe lease,knab,sis and pereent Feasibility Serviees Phase Sehematie Design Phase pereefit Desip Development Phase pereent Gentraet Poetiments Phase pef eent Bidding and Quellatien Phas peFeent GE)ffitftfetiffi GefltfaL4 pefeent Total Gempensmien eHe hundred peFeent ( 4-00 %) § 6.6 When eempensatieti is based an a peFeentage ef the Gest af the Wefk afid any pef4iens ef the PrejeC4 afe deleted or atherwise not eanstmeted, eampensallien feir these paFtions of the PFejeet shall be payable to the exteHt Fe peffermed en these peftions, iH aeeeFdaneewith the sehedule set ferth in Seefien 6.5 based en (1) th lowest bana fide bid E)r negetiated proposal, or (2) if no sueh bid or proposal is feeeived, the FAE)st feeent estimate ef the Gest ef the 3A'eF!E fef sueh porfieHs ef the Projeet. The Afehiteet shall be entitled te eef"peHsafiefi in aeeE)r-daHee with the Agreement fer all sefyiees perfef:nied whether or fiet the Gens4rue4iefi Phase is eeFnmeneed. Employee OF Catege.q,f Rate Additions and Deletions Report for AIA Document B252 T' — 2007. Copyright 0 2005 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA11 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAI" 9 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 15:34:33 on 03/24/2017 under Order No.101 1297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (1484154992) 151 152 Certification of =~o==.""~"= s A=="=°"==~ty i .hereby certify, m the best ofmyknowledge, information and belief, that /created the attached final document simultaneously With its associated Additions and Deletions Report and this certification at 15:34:33 on 03/24/2017 under Order No. 10 11297423_1 from Ad/\ Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA' Document B252TM — 2007, Standard Form wfArchitect's Services: Architectural Interior Design, as published by the AIA in its software, other than those additions and deletions nbovm in the associated Additions and Deletions Report. (,5igned) mx Document n*oTM-x00x. Copyright m1sou and 20o by The American Institute m Architects. All rights reserved. WARNING: This MAO o*cvmentis protected by U.S. International Treaties. Unauthorized reproduction cr distribution ox this mxp Document, or any portion w,it, may lt in severe civil and criminal penalties, and will ue prosecuted mmvmmumumewtentpum,m/eunae,melamrmuumumemwasnnmuced»v Am software at 1s:ovoounnmcwxon under Order No. m11297*23_1 which expires vn1um1mon. and /v not for resale. User Notes: (1484154992) 154 W E �N S I E N A +, U ARCHIRECTS + URBAN DESIGNERS F"ire Station 06 1 56instehn A i U F"ire Station 10 /Emergency Operations Center PF"ire Alarm Center Wehnstehn A , U 157 1 58iinstehn A i U Ke n rn o re C i ty Id a I I Wehnstehn A , U 159 160 wilMillilm PUBLIC SAFETY COMMITTEE Citv Council Public Safetv Committee Meeting Minutes April 3, 2017 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Thomas McLeod, Chair; Joe Duffie, De'Sean Quinn Staff: David Cline, Bob Giberson, Jay Wittwer, Laurel Humphrey Guests: Justine Kim and Carrie Holmes, Shiels Obletz Johnson CALL TO ORDER: Committee Chair McLeod called the meeting to order at 5:30 p.m. I. ANNOUNCEMENT II. BUSINESSAGENDA A. Public Safety Plan Quality Assurance /Quality Control The Committee reviewed draft qualifications and scope of work for an independent quality assurance /quality control consultant to provide advice to the City Council regarding the Public Safety Plan. Councilmembers expressed support for the draft but requested that the section on reporting include a provision for quarterly reports "or as otherwise directed." Staff will return to Committee with a draft Request for Qualifications and more information about the cost based upon this feedback. RETURN TO COMMITTEE. B. Contract: Fire Station Architectural and Engineering Services Staff is seeking Council approval of a contract with Weinstein A +U in an amount not to exceed $2,089,717.00 for fire station architect and engineering services as part of the Public Safety Plan. This contract includes architectural /engineering services, programming services, site selection process assistance, fire station specialty consulting, and geotechnical engineering services. It is assumed that using one firm for all three stations will yield lower costs and streamlined processes. Weinstein A +U was selected from an original eleven submissions on the strength of its experience, design strength and reputation. TCA was another high scoring candidate and has been tapped to work with Weinstein A +U as a subcontractor on the projects. Committee members asked clarifying questions. The fire station location report is scheduled to be completed in the next few weeks. The City Attorney will provide information to Council regarding legal considerations around the planned location for Station 51. UNANIMOUS APPROVAL. FORWARD TO APRIL 10, 2017 COMMITTEE OF THE WHOLE. 161 162 GC /CM PRESENTATION TUKWILA FS 51, 52, 54 TUKWILA CITY COUNCIL April 2017 PRESENTERS Ken Johnsen Principal_ ShieIs = Johnsen Justine Kim Sr. Project Manager, Sh els Obletz Johnsen CONSTRUCTION DELIVERY METHOD COMPARISON TRADITIONAL ODES N BILE- BUILD) ARCHITECT ENGINEER program, SUBCONTRACTORS B Price Des Rion This is t=ae traditional way facilities have been delivered throughout the 20th century. The owner hires en architect to design a facility in response to the owners program requirements, The architect prepare_ construction drawings and specifications, which exactly define the scope of work.. The drawings and specificatit s are used to select a general contractor, typically on the basis of tow arid. Cons ru o_ -n DBB Examples: • SCORE Jail Pr • Smaller Seattle Public Schools Projects CONSTRUCTION DELIVERY METHOD COMPARISON DESIGN-BUILD N-BUILD CONTRA ARCHITECT ENGINEER SUBCONTRACTORS Proaram (A AP* Design, Description With des'ag buitd, one ciampany provides hot h design and construction services. There is a sing -e point of acceuntabitity for a. t project related issues. The design- buEder may provide design and construction services wing .n -house resources or may subcontract for these services through third party providers. fonstruthein DB Examples: • WSDOT Project Projects with si ant ple program /design CONSTRUCTION DELl VERY METHOD COMPARISON 63 - 20 OWNER NON-PROFIT RTATION ARCH7ECT ENGINEER Program Design Gmp. Description The Owner develops a Project Program, They then enter a 30 year contract with a Non-profit corporation who will manage the design and construction of the project. The Owner then leases the property pack from the Non-profit over the course of that 30 year contract. construction *Guaranteed Maximum Price 63 - 20 Examples: • King Street Center / King County Metro Project CONSTRUCTION DELIVERY METHOD COMPARISON GENERAL CONTRACTOR / CONSTRUCTION MANAGER (RECOMMENDED) OWNER Ri SUBCONTRACTORS Program iwwwwwwww****Crfirrril Design Bid GMP Description A construction manager is hired early in the process as a collaborative team member. Because the project isn't fully designed when construction begins, the canstruction manager typically provides construction services on a cost plus fee basis. To ensure the project will be completed within the owners budget, the construction manager also provides a guaranteed maximum price (BAW). The construction manager is responsible for costs in excess of the DAP that are not due to changes in the original scope of work. Construction *Guaranteed Maximum Price GC/CM Examples: • Sound Transit Projects • King Street Station • University of Washington Projects • Larger Seattle Public Schools Projects • Burien City Hall/Library Kent/Showare Center Seattle Fire Station 10 Genera! Contractor / Construction Manager (GC CM) BACKGROUND RC S 39.10.340 -410 provides the GC /CM approach to pub c works. > Procured through a multi-part selection process }> Selected early in the design and generally assist the Owner in evaluation the project during the design phase and then provides construction management services. Sometimes called Construction Management at Risk. Capital Projects Advisory Review Board (CPARB) 6> An oversight board for Alternate Public Works through RON 39.10. Reviews alternative public works procedures and projects and provides guidance to state policymakers to enhance public works contracting methods. Project Review Committee (PRC), under CPARB, is responsible to review and approve applications for divery methods of construction. General Contractor / Construction Manager (GC CM) BENEFITS }> Better budget control Constructability review }> Value engineering to optimize cost and performance of pro ect Team approach Fewer change orders me savings Balances and miti ates risk between Owner, Designer and Contractor Can increase `MBE opportunities Can potentially save money by allowing a change to change design and scope to meet project budget before maximum allowable construction cost is negotiated. > Early involvement of contractor allows for greater understanding of the costs and gives the City time to allocate costs before they are incurred Genera Contracto Cons ruction ana er GCC RISKS M can be difficult for anyone without specific GC /CM experience who have only used the design-bid-build contracting method Negotiation of a maximum allowable construction cost ACC) requires experienced staff An Owner may see increased costs for the work that is self - performed the GC /CM because there may be less competition. CPARB A oyal ASSESSMENT An agency starts by reviewing the contracting method that best serves the project. his should be done no later than schematic design. RCW MIND U REQUIREMENTS By law GC /CM may be used for public works projects with a tota contr value over $IOM where the project has at least one of the followings • 1. Complex scheduling, phasing or coordination. > a Construction in an occupied facility s> 3. involvement of GC /CM it design stage is critical to success of the project. 4. Complex or technical work environment 5 > 5. Specialized work on a historic building C P R B A oval OTHER PROJECT ELEMENTS Project Team has experience in standard delivery methods and GC /CM site /existing facility conditions are difficult to define Risk of unforeseen conditions are difficult to characterize or quantify Project will attract qualified and experienced GC /CM firms > Early enough in the project to take advantage of GC /CM benefits such as value engineering= constructability analysis, sequencing and sustainable construction methods PROJECT TEAM REQUIREMENTS At bast one member has delivered a standard design -bid -build project of similar size and scope > One team member has delivered at bast one C /CM project of similar si and /or scope One team member is in construction management Dispute Resolution Board (DRB (Opt °nail Panel of three members agreed upon by contractor and Owner Organized before construction begins and meets throughout project during construction DRB process encourages resolutions at the job level and helps head off problems before they escalate into disputes. n case of dispute DRB recommendation is non-binding. Upcoming Meetings & Events April 2017 10th (Monday) Ilth(Tuesday) 12th (Wednesday) 13th (Thursday) 14th (Friday) 15th (Saturday) ➢ Community _ ➢ Transportation ➢ Park > COPCAB, Tukwila Historical Development & & Infrastructure Commission, 6:30 Pm Society Fundraiser Neighborhoods Cmte., 5:30 Pm (Duwamish 6:00 — 10:00 PM Cmte., 5:30 Pm (Community Conference (Odin Brewing 5:30 Pm (Foster Center) Room) Company, 402 Baker (Hazelnut Conference Boulevard) Conference Room) Room) Encore presentation and slideshow of ➢ Tukwila "Once & Future International River: Reclaiming the ➢ City Council Boulevard Duwamish" book by Committee of Action Cmte, Tom Reese and the Whole Mtg., 7:00 Pm Eric Wagner. 7:00 Pm (Valley View Food provided, but (Council Sewer Dist., RSVP required due to Chambers) 3460 S 148th) limited space. 206-244-4478 17th (Monday) 18th (Tuesday) 19th (Wednesday) 20th (Thursday) 21st (Friday) 22nd (Saturday) ➢ Public Safety ➢ Finance Cmte, ➢ Arts ➢ Tukwila Duwamish Hill Cmte., 5:30 Pm Commission, lustoffeal Preserve Work 5:30 Pm (Hazelnut 5:00 Pm Society, Party (Hazelnut Conference (Community Cancelled 10:00 AM -2:00 PM Conference Room) Room) Center) (3800 S 115- St.) littpO/forierra.or Veven ➢ City Council Regular Mtg., Duwamish Shoreline 7:00 pin Work Party (Council 10:00 AM — 2:00 PM Chambers) Meet at the Green River Trail @a BECU Campus (12770 Gateway Drive) https://forterra.or event January 10 thou April 20: Free income tax preparation assistance available at Tukwila Community Center acc). On Tuesdays/Thursdays 5:00 — UO PM, and Saturdays 10:00 AM — 2:00 PM. Visit www.uwkc.org/taxhelRor call 211. ➢Arts Commission: 3rd Wed., 5:00 PM, Tukwila Community Center. Contact Dave Johnson at 206-767-2308. >Civil Service Commission: Ist Mon., 5:00 Pm, Human Resources Conf. Room. Contact Sara Valdez at2O6-431-2187. YCommunity Development and Neighborhoods Committee: 2nd & 4th Mon., 5:30 PM, Hazelnut Conf. Room (A)A student proposal regarding flags on Tukwila International Boulevard. (B) Lodging Tax Advisory Committee (LTAQ legislation. ➢ COPCAB (Community Oriented Policing Citizens Adv. Board): 2nd Thurs., 6:30 Pm, Duwamish Conference Room. Contact Chris Partman at 206-431-219.7 > Equity & Diversity Commission: 1st Thurs., 5:15 PM, Hazelnut Conf. Room. Contact Mia Navarro at 206454-7564. ➢Finance Committee: 1st & 3rd Tues., 5:30 Pm, Hazelnut Conf. Room >Library Advisory Board: IstTues., 7:00 Pm, Community Center, Contact Shannon Fisher at 206-767-2312. >Park Commission: 2nd Wed., 5:30 Pm, Community Center. Contact Robert Eaton at 206-767-2332. ➢Planning Commission/Board of Architectural Review: 4" Thurs., 6:30 PM, Council Chambers at City Hall. ContactRynetta Bivens at 206-431-3670. ➢Public Safety Committee: Ist& 3rd Mon., 5:30 PM, Hazelnut Conf Room. ➢Transportation and Infrastructure Committee: 2nd & 4th 'rues., 5:30 PM, Poster Conf. Room. (A) Cascade View Safe Routes to School Phase 11 Supplemental Agreement No. 2 for CM Services. (B) Riverton Creek Flapgate Removal Consultant selection and agreement. > Tukwila Historical Society: 3rd Thurs., 7:00 Pm, Tukwila Heritage & Cultural Center, 14475 59' Avenue S. Contact Louise Jones-Brown at 206-244-4478. ➢Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Valley View Sewer District. Contact Chief Villa at 206-433-1815. 175 Tentative Agenda Schedule MONTH MEE'T'ING 1— MEE'T'ING 2 '- MEETING 3 - MEETING 4 - REGULAR C.O.W. REGULAR C.O.W. April 3 10 17 24 See agenda packet Special Presentations: -Day marketing. cover sheet for this week's agenda: April 10, 2017 Appointments: Committee of the Whole Meeting. - Appointments to Public Safety Plan Siting Advisory Committee. Unfinished Business: -A contract for architect and engineering services for the Public Safety Plan. 176