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17-068 - Weinstein AU LLC - Public Safety Plan Fire Architect
City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 17-068(h) Council Approval N/A CONTRACT FOR SERVICES Amendment No. 8 Between the City of Tukwila and Weinstein AU, LLC. That portion of Contract No. 17-068 between the City of Tukwila and Weinstein AU, LLC. is hereby amended as follows: Section 1 Project Designation: The Consultant is retained by the City to perform Architectural Design and Planning services in connection with the project titled Tukwila Public Safety Plan, Fire Station 51 site. Section 2 Scope of Services: The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. Section 4 Payment: The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: Payment for the work provided by the Consultant shall be made as provided on Exhibit "A" attached hereto, provided that the total amount of payment to the Consultaht shall not exceed $3,216,419.71 (including estimated expenses) without express written modification of the Agreement signed by the City. The total amount for this amendment is $17,974 ($9,020 to Fire Station 51 and $8,954 to Fire Station 52) All other provisions of the contract shall remain in full force and effect. Dated this 7th day of May CITY OF TUKWILA Allan Ekberg, Mayor 05/07/2021 ATTEST/AUTHENTICATED Chivy 0.6PAtg Key: carSec1,15,iblJac,c1,70,,,c15f10 Christy O'Flaherty, MMC, City Clerk CA Revised December 2016 , 2021 WEINSTEIN AU, LLC By: EA jk Printed Name: F,,AWe j v‘..91.41% Title: ci lel tivv, APPROVED AS TO FORM sSigned via S e Ce. (15eWeK Key: cb2e5.727,53c.55,P101De00e.11 Office of the City Attorney Page 1 of 1 EXHIBIT A March 23, 2021 Justine Kim Shiels I Obletz I Johnsen 101 Yesler Way, Suite 606 Seattle, WA 98104 RE: Tukwila Fire Station 51 — Additional Service 36: Additional Civil Scope Dear Justine: Attached to this letter are two fee proposals from LPD Engineering for exercises outside of the original scope of this project. ASA 7 was prepared to cover project record drawings for both Fire Station 51 and 52. Those drawings were required by Highline Water District for TFS 51 as part of the water service permit, but ultimately not needed for the client's use on either TFS 51 or 52, so only the fees for the former are included in this request. ASA 8 is for the investigative and oversight work required for the concrete repairs at the rear apron on TFS 51. The majority of the work for this exercise is complete and the anticipated fee required has been amended from the original estimate. Both of these exercises were previously approved as adds to the contract by SOJ via email. Fee requested for the above services is summarized here: Task Description LPD Engineering Civil Engineer Additional Service 36 Proposed Fee ASA 7 $2,000.00 Proposed Fee ASA 8 $6,200.00 10% Markups $820.00 AS 36 Total $9,020.00 We anticipate that the costs incurred for this Additional Service will be included in a Contract Amendment 8. Sincerely, Emma Nowinski, AIA 2200 Wes1en3 Avc>>irG 5 4410 1c.11, ` c.> 151.10,. WA 98121 We 193ste95AU. 5005 12035443 885095 1" 206 443 1218 1932 First Avenue, Suite 201 Seattle, Washington 98101 P. 206.725.1 2 1 1 F. 206.973.5344 engineering c Ipdengineering.com Proposal for Additional Civil Engineering Services Additional Services Agreement (ASA) #7 Date: August 19, 2020 To: Weinstein A+U 2200 Western Avenue, Suite 301 Seattle, WA 98121 Attn: Emma Nowinski, AIA, Project Manager From: Marc Servizi, PE, Project Manager l Laurie J. Pfarr, PE, Principal Project: Tukwila Fire Station 51 and 52 Record Drawings Thank you for the opportunity to provide this additional services proposal, which is an amendment to our Original Contract dated April 19, 2017 and revised Proposal for Civil Engineering Services dated June 26, 2018. This proposal is to confirm our understanding of the additional scope of services and compensation for this project. We look forward to continued work with you on this project. Scope of Additional Services This proposal is for additional civil engineering services associated with Record Drawings for Fire Station #51 and Fire Station #52. The additional services to be provided by LPD Engineering include the following: Coordinate and review as-builts prepared by Contractor and confirmed by surveyor. LPD will transfer modified information provided by Contractor and Surveyor to design documents to be submitted to City of Tukwila. It is assumed that Contractor has kept detailed as -built documents, with all inverts and locations to be confirmed by the surveyor. LPD Engineering will prepare record drawings for City of Tukwila Records and respond to one round of review comments. Proposed Fee for Additional Services Our fee for services is based upon the information that we have at this time. We propose to provide civil engineering consulting and drafting services on a lump sum basis. Our anticipated fee for each phase of work is as outlined below. This estimate is meant to be a budget only and is not a guaranteed maximum. uiire r 111111111111 Ncyl....11.,......,,0111i3d 111111111111 Additional Tasks/Deliverables Record Drawings FS #51 — Highline Water District (completed) Lump Sum Fee $2,000 pecom d rawongs FS #51 Gotrof Femkwmla plaFws (Stormru, 5ewem , GegerdCm adip,g).------.------.03T6e 41111111 peee,,d o atruqqgs m-sos.zEotye,FFtmewila pmang(E„t„Do rn, iewep, step, utatlt, G1aduqig)---------0aoo Total Estimated Additional Compensation* °°°$11.°^."°1°.1°°. *The fees provided above will remain valid for six months from the date of this proposal. 111 $2,00000 IN r,iil enggineer ng c August 19, 2020 Proposal for Additional Civil Engineering Services - ASA #7 Fire Station 51 and 52 — Record Drawings Page 2 Assumptions • Unless otherwise noted, the same assumptions and exclusions from our Original Contract dated April 19, 2017 and revised Proposal for Civil Engineering Services dated June 26, 2018, apply. • All notifications to the Architect of additional services by LPD will be forwarded to the Owner in a timely manner. Please notify us if you have any concerns or disagree with any of the scope, terms, or conditions. We request that you sign and return a copy of this document to confirm that you have read and agree with the content of this additional services proposal. This proposal constitutes the entire agreement for ASA #6 between the client and LPD Engineering and supersedes any prior understanding or representation of any kind preceding the date of this proposal. This proposal will serve as an amendment to our original contract dated April 19, 2017 and revised Proposal for Civil Engineering Services dated June 26, 2018. We look forward to continuing our work with you on this project. Sincerely, LPD Engineering PLLC Laurie J. Ifarr, P.E. Principal Owner For Weinstein A+U Date Marc Servizi, PE Printed Name Sr. Project Manager l Sr. Civil Engineer cc: File 1932 First Avenue, Suite 201 Seattle, Washington 98101 P. 206.725.1 2 1 1 F. 206.973.5344 engineering c Ipdengineering.com Proposal for Additional Civil Engineering Services Additional Services Agreement (ASA) #8 Date: November 18, 2020 To: Weinstein A+U 2200 Western Avenue, Suite 301 Seattle, WA 98121 Attn: Emma Nowinski, AIA, Project Manager From: Marc Servizi, PE, Project Manager l Laurie J. Pfarr, PE, Principal Project: Tukwila Fire Station 51 —ASA #8 Concrete Pavement Thank you for the opportunity to provide this additional services proposal, which is an amendment to our Original Contract dated April 19, 2017 and revised Proposal for Civil Engineering Services dated June 26, 2018. This proposal is to confirm our understanding of the additional scope of services and compensation for this project. We look forward to continued work with you on this project. Scope of Additional Services This proposal is for additional civil engineering services associated with Concrete Pavement joint cracking at Fire Station #51. The additional services to be provided by LPD Engineering includes the following: Completed as of 11-13-2020: 1. Evaluated pictures and information provided by Tukwila Fire Department and discussed observations with Washington Concrete Paving Association. 2. Site visit with Lydig, TFD, Caliber Concrete, and preparation of Preliminary Field Report. 3. Prepared evaluation table for documenting the cracks by Lydig/TFD/Caliber. Discussed findings with team. 4. One (1) site visit with WCPA and team. November 17, 2020 and Assessment. Planned steps: 5. Evaluate findings, coordinate with Owner, Contractor, and WCPA. 6. LPD Engineering will work the City, GCCM, and SOJ to provide a recommended solution. It is anticipated the solution will be in the form of no more than two (2) details and a written memorandum. 7. Construction support to include one (1) pre -construction site visit and one (1) construction visit. IN r,iil enggineer ng c November 18, 2020 Proposal for Additional Civil Engineering Services - ASA #8 Fire Station 51 — Concrete Pavements Page 2 Proposed Fee for Additional Services Our fee for services is based upon the information that we have at this time. We propose to provide civil engineering consulting and drafting services on a Time and Materials basis. Our anticipated fee is as outlined below. This estimate is meant to be a budget only and is not a guaranteed maximum. Additional Tasks T&M Fee Construction Support for Concrete Pavement. Total Estimated Additional Compensation* 86,200 per phone Servizi, 3/18/21, based on actual1 *The fees provided above will remain valid for six months from the date of this proposal. hours worked to date wild Assumptions ui 1f luu1r, urs to c•ornlpkre,, • Unless otherwise noted, the same assumptions and exclusions from our Original Contract dated April 19, 2017 and revised Proposal for Civil Engineering Services dated June 26, 2018, apply. • All notifications to the Architect of additional services by LPD will be forwarded to the Owner in a timely manner. Exclusions • Contractual and fee negotiations with contractor of any type. Please notify us if you have any concerns or disagree with any of the scope, terms, or conditions. We request that you sign and return a copy of this document to confirm that you have read and agree with the content of this additional services proposal. This proposal constitutes the entire agreement for ASA #8 between the client and LPD Engineering and supersedes any prior understanding or representation of any kind preceding the date of this proposal. This proposal will serve as an amendment to our original contract dated April 19, 2017 and revised Proposal for Civil Engineering Services dated June 26, 2018. We look forward to continuing our work with you on this project. Sincerely, LPD Engineering PLLC Laurie J I fan, P.E. Principal Owner For Weinstein A+U Date Marc Servizi, PE Printed Name Sr. Project Manager l Sr. Civil Engineer cc: File w sST Aue,:,iNinio I%;.i Ilii it ti^,i Iluwu61"' l March 23, 2021 Justine Kim Shiels I Obletz I Johnsen 101 Yesler Way, Suite 606 Seattle, WA 98104 RE: Tukwila Fire Station 52 — Additional Service 37: Additional Civil Scope Dear Justine: Over the course of the past six months, various exercises have been added to the Civil Engineering scope of this project due to un -anticipated regulatory requests and requirements. Since the overall Fire Station project was already reaching the end of its budget, the design team agreed that instead of adding more fee to the overall design budget to cover these adds, we would instead pull from unused fee "buckets" already existing within the design contract and avoid the need to add to the bottom line. Unfortunately, the construction administration duration has now extended three months past the proposed schedule and the design contract is no longer able to absorb the cost of the addition Civil scope. Attached to this letter are two fee proposals from LPD Engineering: ASA 9 covers the additional work required to address late agency concerns about the completed driveway and Right of Way interface at TFS 52. This work is complete and the hours required matched the hours anticipated in the proposal. ASA 10 was for the drafting of exhibits to assist in the recording of drainage easements on properties adjacent to TFS 52. This work was completed in fewer hours than anticipated and this request reflects only the hours worked. Fee requested for the above services is summarized here: Task Description LPD Engineering Civil Engineer Additional Service 37 Proposed Fee ASA 9 $6,800.00 Proposed Fee ASA 10 $1,340.00 10% Markups $814.00 AS 37 Total $8,954.00 We anticipate that the costs incurred for this Additional Service will be included in a Contract Amendment 8. Sincerely, Emma Nowinski, AIA 2200 Western Avenue G ite 3c.11, ` c.> 1'11(>r WA 98121 Wen-1s1e IAU.,com 11- 206 4313 8606 " 206 443 1218 1932 First Avenue, Suite 201 Seattle, Washington 98101 P. 206.725.1 2 1 1 F. 206.973.5344 engineering c Ipdengineering.com Proposal for Additional Civil Engineering Services Additional Services Agreement (ASA) #9 Date: December 23, 2020 To: Weinstein A+U 2200 Western Avenue, Suite 301 Seattle, WA 98121 Attn: Emma Nowinski, AIA, Project Manager From: Marc Servizi, PE, Project Manager l Laurie J. Pfarr, PE, Principal Project: Tukwila Fire Station 52 — ASA #9 Additional CA for Driveway and Apron Thank you for the opportunity to provide this additional services proposal, which is an amendment to our Original Contract dated April 19, 2017 and revised Proposal for Civil Engineering Services dated June 26, 2018. This proposal is to confirm our understanding of the additional scope of services and compensation for this project. We look forward to continued work with you on this project. Description of Additional Services This proposal is for additional civil engineering services associated with Construction Administration for Fire Station #52. This project and our budget for CA are almost complete, but in December 2020, two new issues have arisen which have required our attention. First, it was determined there was cracking in concrete apron slabs caused by inadequate saw -cut joint depth. Secondly, City of Tukwila Public Works has raised several questions regarding driveway construction including drainage, workmanship, slopes, and ADA access. Design was approved during permitting so additional work at this stage is outside of LPD's scope of work. 00 r4:1engineer ng c December 23, 2020 Proposal for Additional Civil Engineering Services - ASA #9 Fire Station 52 - Additional CA for Driveway and Apron Page 2 Additional Scope of Services Based on the aforementioned schedule and work completed, this is our Estimate to complete: LPD Engineering will provide the scope of work outlined below: Task No. Task Description Sr. Engineer / Principal / Senior EIT Design Project Project Project Admin Engineer Manager Manager VI Employee Name Scott Jack Marc Laurie Rate $ 130.00 $ 80.00 $ 185.00 $ 185.00 1.0 Concrete Pavement Repair -- Work completed 11/18: Initial Site Visit and report 12/2 Coord, correspondance with Bruce C, WAPA Sat 12/4: Site visit to markout cracks. Prepare report & Sketch (actual time 4 hrs) 12/8 Site visit w/ SOJ, Lauren, Lydig, Followup / review plan by Lydg (actual time 4hrs) Work To do. RFI, followup questions Projecet Management, QC 2,0 Driveway Work completed 2 2 2 2.5 2 12/3 Correspondance and coordination with SOJ 2 Sat 12/5 Site Visit to measure ramps & 12/6 Prepare MEF - submit to SOJ (actual time 2 12/9 Coord with team, discussion with Scott Bates. 1 12/16 Site visit in rain; manholes, dye pictures. Tel call with WAU. Prepare response 3 letter with Pics. Tel meeting w Julie, Justine. (actual time 10 hrs) Work To do. Coordination with City/Team ADA Plans for ramp (assumed) Prepare Directive / Update report Pre -construction meeting / Site visit /construction 3 Labor Cost 370 370 370 463 370 315 370 370 185 555 4 $ 740 2 $ 610 4 $ 740 support 2 4 $ 900 Subtotal 1 ° 5 33 1 $ 6,800 Total for Task $ 130 $ 400 $ 6,013 $ 185 $ 6,800 Proposed Fee for Additional Services Our fee for services is based upon the information that we have at this time. We propose to provide civil engineering consulting and drafting services on a T&M basis. This estimate is meant to be a budget only and is not a guaranteed maximum. Additional Tasks/Deliverables T&M Fee Additional CA for Driveway and Apron $6,800 Total Estimated Additional Compensation* $6,800 *The fees provided above will remain valid for six months from the date of this proposal. IN r,iil enggineer ng c December 23, 2020 Proposal for Additional Civil Engineering Services - ASA #9 Fire Station 52 - Additional CA for Driveway and Apron Page 3 Assumptions • Unless otherwise noted, the same assumptions and exclusions from our Original Contract dated April 19, 2017 and revised Proposal for Civil Engineering Services dated June 26, 2018, apply. • All notifications to the Architect of additional services by LPD will be forwarded to the Owner in a timely manner. Please notify us if you have any concerns or disagree with any of the scope, terms, or conditions. We request that you sign and return a copy of this document to confirm that you have read and agree with the content of this additional services proposal. This proposal constitutes the entire agreement for ASA #9 between the client and LPD Engineering and supersedes any prior understanding or representation of any kind preceding the date of this proposal. This proposal will serve as an amendment to our original contract dated April 19, 2017 and revised Proposal for Civil Engineering Services dated June 26, 2018. We look forward to continuing our work with you on this project. Sincerely, LPD Engineering PLLC Laurie J. IFfarr, P.E. Principal Owner For Weinstein A+U Date Marc, Servizi, PE Printed Name Sr. Project Manager l Sr. Civil Engineer cc: File 1932 First Avenue, Suite 201 Seattle, Washington 98101 P. 206.725.1 2 1 1 F. 206.973.5344 engineering c Ipdengineering.com Proposal for Additional Civil Engineering Services Additional Services Agreement (ASA) #I0 Date: January 8, 2021 To: Weinstein A+U 2200 Western Avenue, Suite 301 Seattle, WA 98121 Attn: Emma Nowinski, AIA, Project Manager From: Marc Servizi, PE, Project Manager l Laurie J. Pfarr, PE, Principal Project: Tukwila Fire Station 52 — ASA #10 Exhibit for Drainage Easement Thank you for the opportunity to provide this additional services proposal, which is an amendment to our Original Contract dated April 19, 2017 and revised Proposal for Civil Engineering Services dated June 26, 2018. This proposal is to confirm our understanding of the additional scope of services and compensation for this project. We look forward to continued work with you on this project. Description of Additional Services This proposal is for additional civil engineering services to prepare a Recordable Drainage Exhibit as requested by the City's Attorney for inclusion in the with the City's recorded easement documents. Additional Scope of Services LPD Engineering will provide the scope of work outlined below: 1. Prepare a Draft plan for review by the City's Attorney. 2. Prepare the Final Drainage Exhibit to include in the recorded easement documents. 3. Exhibit prepared in accordance with RCW 65.04.045 Proposed Fee for Additional Services Our fee for additional services is based upon the information that we have at this time. We propose to provide civil engineering consulting and drafting services on a T&M basis. Our anticipated fee is as outlined below. This estimate is meant to be a budget only and is not a guaranteed maximum. Additional Tasks/Deliverables Exhibit for Drainage Easement Total Estimated Additional Compensation* T&M Fee 'The fees provided above will remain valid for six months from the date of this proposal. I„III Illliilllllll ui s stye 40 IN r,iil enggineer ng c January 8, 2021 Proposal for Additional Civil Engineering Services - ASA #I0 Fire Station 52 - Exhibit for Drainage Easement Page 2 Assumptions • Unless otherwise noted, the same assumptions and exclusions from our Original Contract dated April 19, 2017 and revised Proposal for Civil Engineering Services dated June 26, 2018, apply. • All notifications to the Architect of additional services by LPD will be forwarded to the Owner in a timely manner. Please notify us if you have any concerns or disagree with any of the scope, terms, or conditions. We request that you sign and return a copy of this document to confirm that you have read and agree with the content of this additional services proposal. This proposal constitutes the entire agreement for ASA #10 between the client and LPD Engineering and supersedes any prior understanding or representation of any kind preceding the date of this proposal. This proposal will serve as an amendment to our original contract dated April 19, 2017 and revised Proposal for Civil Engineering Services dated June 26, 2018. We look forward to continuing our work with you on this project. Sincerely, LPD Engineering PLLC Laurie J. Ifarr, P.E. Principal Owner For Weinstein A+U Date Marc Servizi, PE Printed Name Sr. Project Manager l Sr. Civil Engineer cc: File City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 17-068(g) Council Approval 4/20/20 Agreement Number: CONTRACT FOR SERVICES Amendment No. 7 Between the City of Tukwila and Weinstein AU, LLC. That portion of Contract No. 17-068 between the City of Tukwila and Weinstein AU, LLC. is hereby amended as follows: Section 1 Prosect Designation: The Consultant is retained by the City to perform Architectural Design and Planning services in connection with the project titled Tukwila Public Safety Plan, Fire Station 51 site. Section 2 Scope of Services: The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. Section 4 Payment The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: Payment for the work provided by the Consultant shall be made as provided on Exhibit "A" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $3,198,445.71 (including estimated expenses) without express written modification of the Agreement signed by the City. The total amount for this amendment is $191,697.71. All other provisions of the contract shall remain in full force and effect. Dated this a- (044" day of KewAit , 2020 CITY OF TUKWILA Allan Ekberg, Mayor 5/11 iavav CA Revised December 2016 WEINSTEIN AU, LLC By:84 10444-4/v Printed Name: £wo-tra WtivAskci Title: tsika"gtv /6/1V/I'L Page 1 of 1 EXHIBIT A WEINSTEINA+U ARCHITECTS + URBAN DESIGNERS March 16, 2020 Tukwila Fire Stations - Contract Amendment #7 Summary A532: FS52 Additional Geotechnical CA Scope $124,964.40 AS33: FS52 Extended CA Civil and Architectural Fees $68,937.00 AS34: FS52 Signalization Design - pending scope add, not included AS35: FS52 Administrative Alternate CA Fee $10,996.31 Credit: Reduced Fire Station Specialist Fee WAU 10% Mark-up ($12,000.00) ($1,200.00) TOTAL $191,697.71 2200 Western Avenue Suite 301, Seattle, WA 98121 WeinsteinALTcom T 206 443 5600 8205443 1218 EXHIBIT A WEINSTE1NA+U ARCHITECTS + URBAN DESIGNERS March 16, 2020 Justine Kim ShielslObletzlJohnsen 101 Yesler Way, Suite 606 Seattle, WA 98104 RE: Tukwila Fire Stations -F552 Geotechnical Construction Scope Revision Dear Justine: Additional Services Request 32 requests additional fee to cover additional testing scope for the Geotechnical Engineer for the Fire Station 52 construction phase. Hart Crowser had previously been contracted to do construction observation for elements solely within the building footprint, but has now been requested to perform that observation for the installation of all site work. Their original fees, based on a generic site and project schedule, have also now been reconciled with the realities of the project. Please refer to their attached proposal for more detail. Fee requested for the above services is as follows: Task Description Hart Crowser Geotechnical Engineer Additional Service 32 Proposed Fee $113,604.00 10% Markups $11,360.40 AS 32 Total $124,964.40 We understand from previous discussions with the team that the costs incurred for this Additional Service will be included in the upcoming Contract Amendment 7. Sincerely, Emma Nowinski, AIA 2.200 Western Avenue Suite 301 Seattle, 1/114 98121 WeinsteinAU.coni 11 206 443 8606 F 206 443 1218 CROWSER CHANGE NO.: 3 — Revised CLIENT: JOB NO. CONTRACT CHANGE Emma Nowinski — Weinstein A+U EXHIBIT A www h or tc;rowscv. corn DATE: January 20, 2020 19297-01 Tukwila Fire Station 52 — Design and Construction, Tukwila, Washington Description of Work Construction Budget Update Our authorized scope for Fire Station 52 includes geotechnical construction observation for the elements within the building footprint (foundations, slabs -on -grade, and underslab utilities). We understndtheOtyisequestingthatwea|soobsemetheback0Uandonmpactionhorthesurvoundinggte work, including mass grading, utilities, and flatwork subgrade preparation. Our original budget for construction ($26,480) was just a placeholder and not based on any construction schedule. Since preparing that placeholder amount, we have received several schedules from the general contractor, with the most recent one dated January 5,2020. Based on the durations in that schedule, we have prepared an estimate of the associated construction observation effort. The total cost for the geotechnical construction observation effort is approximately $165,084. We have approximately $25,000 remaining from the Fire Station 51 budget. We will adjust the budget for that project and credit the Fire Station 52 budget. We have received verbal authorization to perform this work and direction to bill against our current authorization. Based on the contractor's schedule, our current authorization is not sufficient to perform both the authorized scope and the requested additional scope. This Contract Change 3 increases our authorization to provide these construction services. Previous Construction Authorization $26,480 Credit from Fire Station 51 $25,000 Change Order #3 $113,604 Total Construction Authorization $165,084 3131 0//iottave^ue„o"itemm oe*x^ Washington 981'21 206.324.9530 Weinstein A+U January 20, 2020 EXHIBIT A 19297-01 Page 2 This change amends the contract between Weinstein A+U and Hart Crowser dated April 19, 2017. Except as amended above, all terms and conditions apply to this Contract Change. To indicate your authorization, please return one signed copy or prepare a similar document for our signature. ACCEPTED FOR Weinstein A+U By: Printed Name: Date: HART CROWSER, INC. By: Printed Name: Douglas D. Lindquist, Principal Date: January 20, 2020 \\seafs\Projects\Notebooks\1929701_Tukwila_Fire_Station_52\Deliverables\Proposal\CO_03 Rev\Tukwila Fire Station 52 - Change Order CO3 - Revised 1-20.docx EXHIBIT A WEINSTEIN A+U ARCHITECTS + URBAN DESIGNERS February 7, 202 Justine Kim 5hiebIObletz IJohnsen 101 Yes|oWay, Suite dO0 Seattle, WA 98104 RE: Tukwila Fire Station 52 -Additional Service 33: Extended CA Schedule Dear Justine: The original Owner -Architect contracfor this projecwas predicated on a 1 5 -month construction duration. Due to the complexity of the selected building site and the phasing of site construction work, the currentconstruction schedule shows a duration of 18 months, with Lydig mobilizing in July of 2019 and Final Inspection anticipated in December of 2020. The fees below reflect an extension of our average CA fees for the additional three months. The complexity of both the site and regulatory environmenof this projechave also resulted in significant, unanticipated work for our Civil Engineer please refer to their attached proposl for more detail. Additional ServiceRequest 33 requests additional fee to cover the extra CA phase work for both the Architect and Civil Engineer. Fee eoue,ted for the above serviceis as foliows: Task Descriptio WAU Architect LPD Engineering Civil Engineer Total Additional Service 33 Proposed Fee g57,299.00 $10,580.00 g67'879D0 10% Markups $0.00 $1.058.00 $1'058.00 AS 33 Total $57,2*e00 $1/'*38.00 $68\937.00 We anticipate that the costs incurred for this AdditionaService will be included in a ContracAmendment 7. Sincerely, Emma Nowinski, AIA zznoWestern Avenue Suite 3m,Seattle, WAoa/z1 wemye/oAozom 2064438608 F 206 443 1218 I El engineering p c Proposal for Additional Civil Engineering Services Additional Services Agreement (ASA) #6 Date: November 27, 2019 To: Weinstein A+U 2200 Western Avenue, Suite 301 Seattle, WA 98121 Attn: Emma Nowinski, AIA, Project Manager From: Marc Servizi, PE, Project Manager l Laurie J. Pfarr, PE, Principal Project: Tukwila Fire Station 52 Additional Construction Administration EXHIBIT A 1932 First Avenue, Suite 201 Seattle, Washington 98101 P. 206.725.1211 F. 206.973.5344 Ipdengineering.com Thank you for the opportunity to provide this additional services proposal, which is an amendment to our Original Contract dated April 19, 2017 and revised Proposal for Civil Engineering Services dated June 26, 2018..This proposal is to confirm our understanding of the additional scope of services and compensation for this project. We look forward to continued work with you on this project. Description of Additional Services This proposal is for additional civil engineering services associated with Construction Administration for Fire Station #52. LPD Engineering's assumed scope of services as described in our June 26, 2018 proposal includes a pre -construction meeting, review project submittals, up to (8) site meetings and up to (8) RFI's. Through November 27, 2019, LPD Engineering has supported construction with a number of services that are out of our previously described scope, including responding to 52 RFI's, designing the PSE/ gas and electric route, preparing easement exhibits, and making 6 site visits to date. Construction commenced in Aug 2019. Construction is anticipated to complete at the end of December, 2020 (16 month construction period). As of November 27, 2019 (4 months, 25% of the construction schedule), LPD Engineering has provided $22,690 related to the Construction Administration Task Items (Basic and CA services). Our current budget is $22,788. We have estimated that the contractor has completed approximately 68% of the civil related site work, and has 12 months remaining on the work schedule. This project has required significantly more services on our part than we normally experience, including, but not limited to the complexity of the project, sub -contractor methods, contractor methods, requirements to provide RFI's for all communication, and Inspector requirements. 11 engineering p c Additional Scope of Services EXHIBIT A November 27, 2019 Proposal for Additional Civil Engineering Services - ASA #6 Fire Station 52 - Additional Construction Administration Page 2 Based on the aforementioned schedule and work completed, we are estimating three months will include significant civil work, and the remaining 10 months will include primarily Building work. Estimate to complete: Tukwila FS #52 Construction Administration Support Rate Est Hours / month Months Marc Servizi, PE Project Mgr IV $180.00 12 3 $6,480 Jack Reinhardt Design Engineer 11 $85.00 20 3 $5,100 Estimated Sub -Total during Months of Civil Work $11,580 Marc Servizi, PE Project Mgr IV $180.00 2 10 $3,600 Jack Reinhardt Design Engineer II $85.00 4 10 $3,400 Est Sub -Total during Months of Primar'ly Building Work $7,000 Total $18,580 LPD Engineering will provide the scope of work outlined below: 1. Provide responses to RFI's as provided by the Contractor. As of November 27, we have provided responses to 52 RFI's. Continue to provide responses, as needed. 2. Provide coordination with City Inspector and Engineer, and other agencies as needed. 3. Provide coordination with Project team, including Contractor, Architect, SOJ, Lydig. 4. Provide updates to easement exhibits, gas and power routes. 5. Provide updates to plans, as requested. 6. We estimate 6 more site visits. Proposed Fee for Additional Services Our fee for services is based upon the information that we have at this time. We propose to provide civil engineering consulting and drafting services on a lump sum basis. This estimate is meant to be a budget only and is not a guaranteed maximum. Additional Tasks/Deliverables Additional Construction Administration Lump Sum Fee $10,580 Total Estimated Additional Compensation* $ 10, 580 *The fees provided above will remain valid for six months from the date of this proposal. Assumptions • Unless otherwise noted, the same assumptions and exclusions from our Original Contract dated April 19, 2017 and revised Proposal for Civil Engineering Services dated June 26, 2018, apply. engineering p|k EXHIBIT A November 27, 2019 Proposal for Additional Civil Engineering Services - ASA #6 Fire Station 52 - Additional Construction Administration Page 3 • All notifications to the Architect of additional services by LPD will be forwarded to the Owner in a timely manner. Please notify us ifyou have any concerns or disagree with any ofthe scope, terms, or conditions. We requestthat you siand return a copy of this document to confirm that you have read and agree with the content of this additional services proposal. This proposal constitutes the entire agreement for ASA #6 between the client and LPD Engineering and supersedes any prior understanding or representation of any kind preceding the date of this proposal. This proposal will serve as an amendment to our original contract dated April 19, 2017 and revised Proposalfor Civil Engineering Services dated June 26, 2018. We look forward to continuing our work with you on this project. Sincerely, LPD Engineering PLLC Laurie l�bnrF,'faPrincipal I Owner r� For Weinstein A+U Date Marc Servizi, PE Printed Name Sr. Project Manager1 Sr. Civil Engineer cc: File EXHIBIT VVEINSl[EINAfU ARCHITECTS + URBAN DESIGNERS March 16, 2020 Justine Kim 5hiebIObkgzI Johnsen 101Yes|erWay, Suite 606 Seattle, WA 98104 RE: Tukwila Fire Station 52 —Additional Service 35: Administrative Alternate CA Fee Dear Justine: When the design fees for this projecwere reconciled against the final construction cost estimate in 2018 (WAU Contract Amendment #2), the team decided to reduce the MACC thathe fee wabased on in anticipation thaWeinstein A+U would not have to perform CA on the Administrative wing of the building. The bid alternate that included that work was ultimately accepted by the Owner and Weinstein A+U is currently performing Construction Contract Administration for the entirety of the project. This Additional Service Request reinstates that fee based on same construction cost estimate on which the remainder of the fee was predicated, and at the same rate, as dictated by the Washington State Fee Schedule. Please refer to the attached breakdown of the original fee revision, which has been marked up to show the corresponding fee calculations for the deleted Administrative CA work. The total addition to our contractfor this worshould be$lO,998Jl. We anticipate that the costs incurred for this Additional Service will be included in a Contract Amendment 7. Sincerely, Emma Nowinski, AIA zzuowe`tm^Avenue Suite m/'Seattle, VVA 98121 wpm:paauLcom /2064438606 1-/0644:3/218 EXHIBIT A TUKWILA FIRE STATIONS Weinstein A+U FS52 Additional Services Summary, Amendment #2 11/26/18 FS52 MACC Calculation (per Lydig conceptual estimate of 8/23/18) Total cost of work $8,996,885 Admin Build -out $450,000 -27% for CA phase -$121,500 $121,500.00 TOTAL $9,325,385 Sub bonds 1.50% $139,881 $1,822.50 SUBTOTAL $9,465,266 $123,322.50 Design Contingency 10.00070 $946,527 $12,332.25 SUBTOTAL $10,411,792 $135,654.75 L&M Escalation - January 2020 $460,310 L&M Escalation - Early Start July 2019 $154,971 SUBTOTAL $11,027,073 CM Contingency Neg. Support Services 3.00% $330,812 $4,069.64 $300,000 Basic Fee Change MACC TOTAL $11,657,886 $139,724.39 > Fee Rate = 7.87% Admin CA Fee = $10,996.31 Fee Increase per MACC $213,762 Reduced CA Fee -$10,000 $203,762 AS17 FS52 Drive -Through Added Drilling Hart Crowser $9,200 WAU Mark-up $920 TOTAL $10,120 AS18b FS52 Additional Civil Scope LPD $15,000 WAU Mark-up $1,500 TOTAL $16,500 TOTAL $230,382 EXHIBIT A WEINSTEINA+U ARCHITECTS + URBAN DESIGNERS March 16, 2020 Brian Harris TCA Architecture 6211 Roosevelt Way NE Seattle, WA 98115 RE: Tukwila Fire Stations - Contract Revision Dear Brian: We are writing to confirm the revision to your contract that we discussed over the phone and via email on March 2nd and 3'. We agreed to a $12,000.00 reduction in your total contract amount and we anticipate that amount being credited back to the project in the following way: Task Description TFS51 GC/CM Coordination TFS51 Design / CCA TFS52 GC/CM Coordination TFS52 Design / CCA Total Current Fee Remaining $1,500.00 $2,781.50 $1,650.00 $14,537.50 $20,469,00 Reduction $1,500.00 $0 $1,650.00 $8,850.00 $12,000.00 Final Fee Remaining $0 $2,781.50 $0 $5,687.50 $8,469,00 Credit to the Project $1,500.00 $0 $1,650.00 $8,850.00 S12,000.00 Thank you again for your continued contributions to these stations - we look forward to seeing you on site at the next reasonable opportunity! Sincerely, Emma Nowinski, AIA 2200 Western Avenue Suite 301, Seattle, WA 98121 WensteinAll.corn T 206 443 8606 6 206 443 1218 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 17-068(f) Council Approval 2/3/20 CONTRACT FOR SERVICES Amendment No. 6 Between the City of Tukwila and Weinstein AU, LLC. That portion of Contract No. 17-068 between the City of Tukwila and Weinstein AU, LLC. is hereby amended as follows: Section 1 Project Designation: The Consultant is retained by the City to perform Architectural Design and Planning services in connection with the project titled Tukwila Public Safety Plan, Fire Station 51 site. Section 2 Scope of Services: The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. Section 4 Payment: The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: Payment for the work provided by the Consultant shall be made as provided on Exhibit "A" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $3,006,748 (including estimated expenses) without express written modification of the Agreement signed by the City. The total amount for this amendment is $67,059. ($35,035.25+ $10,144.70 + $21,879.05) All other provisions of the contract shall remain in full force and effect. 20 ,20)4 Dated this 1111A. day of 1 brvu-1ry_ CITY OF TUKWILA ATTEST/AUTHE CATED Christy O'Flaherty, MMC, City Clerk CA Revised December 2016 WEINSTEIN AU, LLC By: -eA tAreM/V Printed Name: WeiTitle: �n (nSJet APPROVED A FORM the City.Att / Exhibit A V E 5TE1NA+U ARCHITECTS + URBAN DESIGNERS December 18, 2019 Justine Kim Shiels I Obletz I Johnsen 101 Yesler Way, Suite 606 Seattle, WA 98104 RE: Tukwila Fire Stations -FS52 Driveway Design R2 UPDATED Dear Justine: Additional Services Request 27 requests additional fees to cover the costs associated with the ongoing confirmation of the TFS52 driveway design, ensuring that the project meets the requirements of both the Authority Having Jurisdiction and the final user group, the Tukwila Fire Department. These efforts have involved a number of consultants and have been ongoing since late April. To summarize the related tasks: - Hart Crowser expanded their drilling activities to include the area affected by the new driveway - Robinson Noble provided design for block retaining walls, which were deemed by the GCCM to be more cost effective than the original rockery design LPD continued to revise design documents, attend meetings, and draft reports at the request of the Fire Department/Fire Marshal's office - TCA reviewed design documents and reports, attended apparatus testing, and discussed the driveway design over the phone, via email, and in person with the Fire Marshal and design team - Carr Engineering reviewed the design documentation, discussed the design issues with both the design team and TFD, and drafted a report of their assessment/conversations - Weinstein A+U (WAU) coordinated the work of all involved consultants Please refer to the attached proposals/invoices from the consultants for more detail. Fee requested for the above services is as follows: Task Description Hart Crowser Geotechnical Engineer Robinson Noble Civil Engineer LPD Engineering Civil Engineer TCA Fire Station Specialist Carr Engineering Mechanical Engineer WAU Architect Total Additional Service 27 Proposed Fee $8,900.00 $3,400.00 $5,200.00 $1,567.50 $11,135.00 $1,812.50 $32,015.00 10% Markups $890.00 $340.00 $520.00 $156.75 $1,113.50 $0 $3,020.25 AS 27 Total $35,035.25 We understand from previous discussions with the team that the costs incurred for this Additional Service will be included in the upcoming Contract Amendment 6. Sincerely, Emma Nowinski, AIA 2200 Western Avenue Suite 301, Seattle, WA 98121 WeinsteinAU.com T 206 443 8606 F 206 443 1218 ROBINSON NOBLE May 29, 2019 Ms. Emma Nowinski Weinstein A + U 2200 Western Avenue, Suite #301 Seattle, Washington 98121 This agreement is between Weinstein A + U (Client) and Robinson Noble, Inc. (Consultant), for geotechnical engineering and consultation for the project located at 6300 Southcenter Boulevard, Tukwila, Washington. Project Description The site is currently developed with an asphalt -covered parking lot with landscaping. We understand the site will be regraded to accommodate a fire station and associated parking. Part of the regrading will consist of filling in a pond near the approximate center of the property. Mechanically stabilized earth (MSE) retaining walls with block facing approximately 4 to 8 -feet high are planned to support the proposed drive aisles and parking. The walls will be facing cuts on the north side of the site and fill on the south side of the site and west of the filled-in pond. We also understand that stairs will be added to the block wall on the south side of the project. You have requested we provide design services for the MSE walls, including typical wall details, specifications and calculations. The walls will be faced with Diamond Pro® blocks. We have extensive experience in designing MSE walls and have designed tens of thousands of square feet of walls in the Puget Sound area. The stamped details and specifications will be included in the civil engineer's plans to augment the plan sheets that show the wall height and locations. For our use in preparing this proposal you have provided us with a topographic survey by Bush, Roed & Hitchings dated May 21, 2018, a grading plan by LPD dated March 21, 2019 and a geotechnical engineering design report and Memorandum by Hart Crowser dated October 11, 2018 and May 23, 2019, respectively. The geotechnical report provides recommendations for wall design including the equivalent fluid weight of the undisturbed soil and bedrock for the active, at -rest, passive and short-term seismic conditions. Scope of Work The scope of services to be provided by Robinson Noble, Inc. is for geotechnical engineering services. Our design and details will be based on LPD's 100% Design Development plans. All the soil parameters will be listed on the specifications and have to be approved by the geotechnical engineer of record. We are not completing any analyses to validate soil properties from the site. Our services will include the following: • Review available geotechnical data for the project. Prepare a design for the planned MSE walls. • Prepare typical cross sections of the different MSE walls types. 2105 South C Street Tacoma, Washington 98402 P: 253.475.7711 1 F: 253.472.5846 www.robinson-noble.com 17625 130th Avenue NE, Suite 102 Woodinville, Washington 98072 P: 425.488.0599 1 F: 425.488.2330 Tukwila Fire Station Walls Tukwila, Washington May 29, 2019 Page 2 of 2 Services Agreement Our services will be provided in accordance with our TERMS AND CONDITIONS, which are attached to this services agreement. The cost of our services for the retaining wall design tasks described above will be Three Thousand Four Hundred Dollars ($3,400), based on our understanding of the project and the conditions outlined in this scope. Any additional services will be provided on a time and expense basis in accordance with our GENERAL FEE SCHEDULE. This estimate will remain valid for 90 days from the date of this scope. We appreciate the opportunity to submit this agreement and are looking forward to working with you on this project. If this agreement meets with your approval, please sign in the spaces provided below and return one copy of this agreement to serve as your authorization for us to proceed. The parties hereto execute this Agreement by signature of their respective authorized officers or representatives, effective as of May 16, 2019. Sincerely, Robinson Noble, Inc. Client/Owner Authorized Signature Rick B. Powell, PE Principal Engineer RBP:am Date: sl2` 6 (typed or printed name) Billing Address Phone No. Email Date: Attachments: General Fee Schedule and Terms and Conditions Robinson Noble, Inc. ROBINSON NOBLE General Fee Schedule Professional Positions Fee per Hour Principal Engineer, Hydrogeologist or Environmental Scientist Associate Engineer, Hydrogeologist or Environmental Scientist Senior Engineer, Hydrogeologist or Environmental Scientist Senior Project Engineer, Hydrogeologist or Environmental Scientist Project Engineer, Hydrogeologist or Environmental Scientist Staff Engineer, Hydrogeologist or Environmental Scientist Senior Field Staff Field Staff Legal Support/Expert Witness Services/Testimony $187 $171 $146 $126 $113 $102 $93 $80 150% of above rates Support Positions Senior GIS/CAD Specialist Senior Technician Senior Administrator GIS/CAD Specialist Technician Administrator Clerical Support $96 $95 $83 $83 $83 $72 $72 Other Fees and Costs Subcontracts/ Professional services Management Fee Outside laboratory services Construction subcontracts Other Costs Travel (auto) Travel (other) Per diem Other direct expenses IField and laboratory testing/equipment rental 15% 15% 15% $0.64/mile Cost +10% Prevailing State rate +10% Cost +10% See following pages its fee schedule is subject to change according to contract or Professional Services Agreement conditions. Robinson Noble, Inc. rates effective January 7, 2079 Geotechnical Field and Laboratory Testing Schedule January 1, 2019 Test Fee Portable Nuclear Density Gauge Per Hour $5.00 Slope Inclinometer Per day $250 Direct Shear Point $200 Moisture -Density Relationship Curves: Each Each Sieve Analyses (Gradations -Wet Sieve) Each Bulk Sieve (if gravelly or >10Ib) Add 200 Wash Each Hydrometer Analysis Each Falling Head Permeability Each Atterberg Limits Each (Liquid Limit and Plastic Limit) 1 pt $120 Multiple pts $225 $150 $70 $80 $175 $165 $220 Moisture Content Each $12 Dynamic Cone Penetrometer Day $225 Points Each $20 Resistivity 4 -point Gauge Day $300 Hand Auger Per day $50 Consolidation Test Incremental Loading (9 loads, 0.125 TSF to 32 TSF, 4 unloads) Shelby Tube Extrusion/Sample Description Single -Ring Infiltrometer $550 $50/each additional load $40 Per day $50 This fee schedule is subject to change according to contract or Professional Services Agreement conditions. Robinson Noble, Inc. rates effective January 1, 2019 TERMS AND CONDITIONS 1. Proiect and Relationship of the Parties: Client engages Consultant to perform the professional services as described in the scope of work, herein re- ferred to as the "Project," to which these Terms and Conditions are attached. Consultant's services under this Agreement include only those specified in the scope of work. Client expressly releases any claim against Consultant relating to any additional services that Consultant recommended, but that Client either did not authorize or instruct Consultant notto perform. Consultant may retain subcontractors for Client as Consultant considers necessary for services not pro- vided by Consultant. Any other assignment or transfer of an interest in the Agreement by either party without the written consent of the other shall be void. This Agreement shall inure to the benefit of and be binding upon the successors, assigns, and legal representatives of each of the parties hereto. This Agree- ment shall become effective when signed by Client. This Agreement constitutes the full and only agreement between the parties, there being no promises, agreements of understandings, written or oral, except as herein set forth and this Agreement supersedes all prior agreements or understandings regarding this Project. 2. Changes in Proiect: Client may request changes in the Project's scope of work. Any such changes, including a change in Consultant's compensation or time of performance will be incorporated in written amendments to this Agreement. No change will be effective unless it is in writing and signed by Client and Consultant, or if made orally, confirmed by the parties in writing within 15 days. 3. Payment: Consultant will perform the Project for an estimated cost as specified in scope of work. A cost estimate or "not -to -exceed" limitation indicates that Consultant will not invoice fees and expenses in excess of the estimate or limitation amount without obtaining Client's agreement to do so, but is not a guarantee that the services will be completed for that amount. For circumstances involving changed conditions not foreseeable by Consultant at the time of execution of this Agreement, or if additional lime and/or expenses are required to fulfill the Project's scope beyond the estimate, additional charges will be invoiced. Payment by Client for professional services and expenses provided by Consultant shall be based on the Fee Schedule in effect at the time of the invoice date, The fee schedule in effect as of the date of this Agreement is attached. Certain projects may require payment of a retainer depending on the value of professional services, expenses, and subcontracts. 4. Payment Conditions: Consultant shall periodically submit invoice(s) for this Project and/or other previously contracted projects. Client shall pay each in- voice promptly upon receipt. If Client objects to all or any portion of any invoice, Client shall so notify Consultant within seven (71 days from the date on the invoice, give reasons for the objection, and pay that portion of the invoice that is not in dispute. Client shall pay an additional monthly interest charge of one and one half percent (1.5%) or the maximum percentage allowed by law, whichever is less, of any undisputed amount of all account balances remaining un- paid for more than thirty (30) days from the date of receipt of the invoice. If an invoice is not paid within thirty 130) days, a late fee of $150 shall be assessed. In the event that an invoice for payment for this Project and/or other previously contracted projects remains unpaid for thirty 130) days from the date of invoice, Consultant has the right to cease performance of the services contracted herein. Consultant will not incur any liability for damages of any type or nature due to the delay of the Project as a result of justifiably stopping performance of services due to the failure of the Client to pay for services. In the event Consultant brings legal action against Client for unpaid invoice amounts, the prevailing party shall be entitled to recover lien fees, attorney's fees, court costs, arbitration costs and other related expenses. 5. General Client Responsibilities: Client shall provide complete and accurate information regarding its requirements for the Project and circumstances known to Client that would hinder or make more difficult or expensive Consultant's performance than would ordinarily be expected. Client shall furnish any required information and services and shall render approvals and decisions expeditiously. If Client observes or otherwise becomes aware of any fault or defect in the Project or in the performance of Consultant's services, Client shall give prompt written notice thereof to Consultant. Failure of Client to provide such written notice, however, shall not excuse Consultant of any performance deficiency or breach, nor eliminate its liability hereunder. 6. Permission to Access Subject Propertv(ies): If Client is the owner of the subject property, Client expressly gives permission for Consultant to access the subject property for the purposes of conducting the Project. If Client is not the owner of the subject property, Client shall provide documentation accept- able to Consultant that provides permission to access the subject property for the purposes of conducting the Project. Consultant will take reasonable precau- tions to minimize damage to the land or utilities from use of equipment, but Client understands that use of exploratory equipment may cause some damage and that correction of such damage is not part of this agreement. Securing permission for installing soldier piles, tieback anchors, or sail nails into adjoining properties of the project site will be Client's responsibility, Client will be responsible for obtaining permission to cross property lines with an open excavation. 7. Changed Conditions: If Consultant discovers conditions or circumstances that it did not contemplate ("Changed Conditions") at the time of this Agree- ment, it will give Client written notice of the Changed Conditions, Client and Consultant will then negotiate an appropriate amendment to this Agreement within 30 days after the notice. This includes delays beyond the control of Consultant. 8. Ownership of Hazardous Waste: Consultant will not create or contribute to the creation or existence of hazardous waste or hazardous substances as those terms are defined under the Model Toxic Control Act, Comprehensive Environmental Response Compensation and Liability Act, and the Resource Con- servation and Recovery Act ("Hazardous Wastes"). In the performance of the services, Consultant will not assume the obligations or liability as the generator, owner, operator, or arranger for the treatment, storage or disposal of Hazardous Wastes under the Mode! Toxic Control Act, the Comprehensive Environ- mental Response Compensation and Liability Act, and the Resource Conservation and Recovery Act, or any other state or federal statute regulating the han- dling of Hazardous Waste. Consultant will not arrange or otherwise be responsible for the disposal of any Waste associated with the services, either directly or indirectly through its subcontractors or others. 9. Samples: All soil, rock, water and other samples obtained from the Project site(s) are Client's property. Unless other arrangements are mutually agreed upon in writing, or unless otherwise required, Consultant will preserve, or make arrangements to preserve, such samples for no longer than 30 calendar days following the issuance of Consultant's report to Client or the specific phase relating to the samples has been deemed as concluded by Consultant. Upon re- quest, Consultant will deliver samples to Client with shipping charges collected on delivery or Consultant will store them for Client for an agreed upon charge. 10. Biological Pollutants: Unless specifically referenced in the scope of work, Consultant's scope of work does not include the investigation or detection of the presence or absence of any Biological Pollutants. The term "Biological Pollutants" includes, but is not limited to, molds, fungi, spores, bacteria, viruses, and the byproducts of any such biological organisms. Client agrees that Consultant will have no liability for any claim regarding bodily injury or property dam- age alleged to arise from or be caused by the presence or exposure to any Biological Pollutants. Client will defend, indemnify, and hold Consultant harmless from any third -party claim for damage alleged to arise from or be caused by the presence of or exposure to any Biological Pollutants, except for damages aris- ing from or caused by Consultant's sole negligence. 11. Insurance: Consultant hereby agrees to maintain the following insurance: comprehensive general liability insurance in the amounts of $1,000,000 per oc- currence and $2,000,000 aggregate; automotive liability insurance in the amount of $1,000,000; and Workers' Compensation Coverage within statutory limits. Consultant waives subrogation against Client as to said policies. 12. Indemnity: Subject to the terms and limitations of this Agreement, Consultant will indemnify and hold harmless Client, its shareholders, officers, direc- tors, employees, and agents from and against any and all claims, suits, liabilities, damages, expenses (including without limitation reasonable attorney's fees and defense costs) and other losses (collectively "Losses") only to the extent caused by the Consultant's negligence in the performance of this Agreement. Client will indemnify and hold harmless Consultant, its subconsultants and subcontractors, and all of their respective shareholders, directors, officers, licensed professionals, employees, and agents (collectively "Consultant Entities") from and against any and all Losses except to the extent caused by the sole negli- gence of Consultant Entities. Client and Consultant intend that Consultant's services will not subject Consultant's individual employees, officers or directors to any personal liability. There- fore, and notwithstanding any other provisions of this Agreement, Client agrees as its sole and exclusive remedy to direct or assert any claim, demand or suit only against the business entity identified as "Consultant". The provisions of this Section 12 will survive the expiration or termination of this Agreement. If Consultant provides services to Client that the parties do not confirm through execution of an amendment to this Agreement, the provisions of this Section 12 will apply to such services as if the parties had executed an amendment. The parties have mutually negotiated the provisions contained in this Section and it is the intent of both parties that this section provide the broadest scope of indemnity permitted by R.C.W. 4.24.115. 13. Limitation of Remedies: In consideration for Client obtaining a lower fee from Consultant and other valuable consideration, Client agrees that to the fullest extent permitted by law its total cumulative remedies from Consultant, its subconsultants and subcontractors, and all of their respec- tive shareholders, directors, officers, licensed professionals, employees, and agents is limited to the fee charged to Client under this Agreement or $50,000, whichever is higher, for any and all of Client's injuries, damages, claims, losses, expenses, disputes, or claimed expenses arising out of this Agreement from any cause or causes, including but not limited to, Consultant's negligence, errors, omissions, breach of contract, breach of war- ranty, strict liability, negligent misrepresentation, statutory liability, or other acts giving rise to liability based on contract, tort or statutory. Upon Client's written request, Consultant and Client may agree to increase the limitation to a greater amount or waive this provision in exchange for a negotiated increase in Consultant's fee. This provision takes precedence over any conflicting provisions of this Agreement. 14. Standard of Performance; Disclaimer of Warranties: Services provided by Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in the location of the Project. No warranty, expressed or implied, is included or intended by this Agreement. Consultant offers different levels of services to suitthe desires and needs of different clients. Although the possibility of an error can never be eliminated, more detailed and extensive services yield more information and re- duce the possibility of an error, but at an increased cost. Client must determine the level of service adequate for its purposes, Client warrants it has reviewed the scope of work and has determined it does not need or want a greater level of services than is being provided. 15. Consequential Damages: Client and Consultant mutually agree to waive any and all claims for consequential damages for all claims, losses, disputes, breaches, 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 in accordance with the termination provisions in this Agreement. 16. Suspension or Termination: Client may, upon ten days written notice, suspend Consultant's services. Consultant may terminate this Agreement if Client suspends the services for more than 60 days, in which case Client shall pay Consultant for all costs of services performed to the date of termination. If Client suspends Consultant's services, or if Client or others delay Consultant's services, then Client and Consultant agree to equitably adjust the time for completion of services and Consultant's compensation for the additional labor, equipment, and other charges associated with maintaining Consultant's workforce for Cli- ent's benefit during the delay or suspension, and any charges incurred by Consultant for demobilization and subsequent remobilization. Either party may terminate this Agreement or an amendment, without cause, with ten days written notice; provided, however, Client shall pay Consultant for all cost of services performed through the date of termination. In the event Client requests termination of this Agreement prior to completion of work, Con- sultant reserves the right to complete such analyses and records as may be necessary to protect Consultant's professional reputation and to complete a re- port of work performed to-date. A termination fee to cover the costs incurred thereof—equal to as much as 10% of the charges incurred up to the termination date—may be charged at the Consultant's discretion and added to the cost of services performed through the termination date. In the event of a material breach of this Agreement, the non-breaching party may terminate this Agreement if the breaching party fails to cure the breach with- in ten days following delivery of the non-breaching party's written notice of the breach to the breaching party. The termination notice must state the basis for the termination. The Agreement may not be terminated for cause if the breaching party cures the breach within the ten-day period. 17. Construction Procedures: Consultant shall not manage or supervise construction, or implement or be responsible for health and safety procedures nor be responsible for the health and safety of persons other than its own employees or agents on or about the construction/subject site; shall not be responsible for the acts or omissions of contractors or other parties working on the Project; and shall not have control or charge of and shall not be responsible for con- struction means, methods, techniques, sequences or procedures, or for safety precautions and programs. Consultant's testing, observations, or evaluations on the Project, shall not relieve other parties from their responsibility for performing their work in accordance with applicable plans, specifications, and regula- tions. 18. Construction Costs: Statements of probable cost prepared by Consultant represent Consultant's best judgment as a design professional familiar with the industry. It is recognized, however, that neither Consultant nor Client has control over the cost of labor, materials or equipment, over other contractors' meth- ods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, Consultant cannot and does not warrant or represent that proposals, bids, or actual costs will not vary from statement of probable costs or evaluations prepared by Consultant. 19. Ownership and Use of Documents; The statements, conclusions, and recommendations provided by Consultant are to be exclusively used within the context of the Project. They will be based upon generally accepted geotechnical practices and will be the result of analysis bythe Consultant. The project re- port, and its attachments, will be for the exclusive use of Client. Unless specifically stated elsewhere in this Agreement, no warranty, expressed or implied, will be made. All documents and information prepared by Consultant, (collectively known as "Documents"), but not including Samples, will remain the property of Consult- ant. Consultant has sole discretion to dispose of or retain Documents, provided Consultant will retain pertinent summaries and reports relating to services per- formed for Client under this Agreement for five years following submission of Consultant's report. During this five-year period, copies of said summaries or reports will be available to Client for the reasonable cost of their reproduction and delivery. Consultant retains the right to use Documents for any purpose. All Documents prepared by Consultant are solely for use by Client and will not be provided by either party to any other person or entity without Consultant's prior written consent and receipt of additional compensation. Client has the right to reuse the Documents for purposes reasonably connected with the Project. However, any reuse, or adaptation for other than the specific purpose intended, by Client, or any party obtaining Documents through Client, without written verification by Consultant will be at Client's sole risk and without liability to Consultant. Client agrees to defend, indemnify and hold harmless Consultant, its officers, employees and shareholders from and against all claims, damages, losses and expenses, including attorney's fees, arising from any person or entity claiming to rely upon information or opinions contained in Documents without first having obtained Consultant's prior written consent. 20. Dispute Resolution: If a dispute arises out of or relates to this Agreement, or the breach thereof, and the dispute cannot be settled through negotiation, Consultant may compel the parties to participate in a mediation administered by the American Arbitration Association under its Construction Industry Media- tion Procedures. If mediation is not successful, Consultant may compel any matter to arbitration by filing and serving a written notice of arbitration on all of the parties no later than ninety days after the later of filing and service of the complaint or the conclusion of the mediation. The arbitration shall be administered by the American Arbitration Association under its Construction Industry Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be en- tered in any court having jurisdiction. 21. Governing Law: This Agreement shall be governed by the laws of the State of Washington and venue shall be in Pierce County, Washington. 22. Precedence: This Agreement takes precedence over any inconsistent or contradictory provisions contained in any Exhibits to this Agreement, or any pro- posal, purchase order, requisition, notice to proceed, or other document regarding Consultant's services. Robinson Noble, Inc. Page 2 of 2 A illudog1116,1111'111,1111:'1„ 111111 archilecture • planning May 20, 2019 Emma Nowinski, AIA LEED AP Weinstein A+U 2200 western Ave, Suite 301 Seattle, WA, 98121 Subject: City of Tukwila Fee Proposal Station 52 additional service- Road slope Dear Emma: Per your request, below is a summary of the additional time spent supporting the review of the access drive at Station 52 as requested by SOJ and the Weinstein A+U team. I hope that there is an appropriate resolution to that issue so the project can move forward in a timely fashion. Task Date Hrs Report review 4/30 1.0 Email correspondence 4/30 — 5/8 1.5 Misc telephone conversations 4/30 — 5/8 .75 Research 4/30 — 5/8 2.5 Site visit and drive test 5/3 3.0 Follow-up with FM/Team 5/3 — 5/8 .75 Total Hrs Rate 9.5 $165/hr Total $1,567.50 Please contact me if you have any questions. Sincerely, Brian J. Harris AIA, LEED AP BD+C, Principal TCA Architecture • Planning engineering p c Proposal for Additional Civil Engineering Services Additional Services Agreement (ASA #3) Date: May 10, 2019 To: Weinstein A+U 2200 Western Avenue, Suite 301 Seattle, WA 98121 1932 First Avenue, Suite 201 Seattle, Washington 98101 P. 206.725.1211 F. 206.973.5344 Ipdengineering.com Attn: Emma Nowinski, AIA, Project Manager From: Marc Servizi, PE 1 Laurie J. Pfarr, PE, Principal Project: Tukwila Fire Station 52 — Additional Driveway Design Services (ASA #3) Description and Scope of Additional Services This proposal is for civil engineering services associated with the design of the driveway approach for Fire Station #52 in Tukwila, Washington. LPD Engineering's civil scope of work for this project, as outlined in Additional Services Agreement (February 7, 2019, ASA #2), encompassed coordination, meetings, site visits, research and preparation of an Engineering Report for the design of the driveway approach. Since the report was completed and submitted on March 3, 2019; the City of Tukwila Fire Department has requested additional information that is beyond the original scope of work. The additional services are summarized below. Additional Driveway Design 1. Design and Coordination - Work Completed a) Additional research and coordination with the City, SOJ and Weinstein. b) Prepared for and attended a meeting with the City of Tukwila Fire Department on April 30, 2019. c) Changed the plans to reflect 28' radius plans, then changed the plans back to the original layout. d) Prepared response to City Comments. e) Coordinated with City of Seattle Fleet Services to arrange a future meeting. f) LPD attended one (1) onsite fire truck drive meeting on May 3, 2019, which included preparation of follow up meeting notes. 2. Future Work a) It is anticipated that LPD will provide an additional 8 hours of service to set up a meeting with the City of Seattle, attend the meeting and provide followup Engineering services. engineering pl c May 10, 2019 Proposal for Additional Civil Engineering Services Fire Station 52 (ASA #3) Page 2 Proposed Fee for Additional Services Our anticipated fee for services is based upon the information that we have at this time. We propose to provide civil engineering consulting and drafting services on a lump sum basis. Our anticipated fee for this additional work is as follows. Additional Task / Deliverable Lump Sum Fee Total ASA #3 - Additional Driveway Design $5200 Assumptions • Unless otherwise noted, the same assumptions and exclusions from our Original Contract dated April 19, 2017 and revised Proposal for Civil Engineering Services dated June 26, 2018, apply. Please notify us if you have any concerns or disagree with any of the scope, terms, or conditions. We request that you sign and return a copy of this document to confirm that you have read and agree with the content of this additional services agreement. This proposal constitutes the entire agreement for ASA #3 between the client and LPD Engineering and supersedes any prior understanding or representation of any kind preceding the date of this proposal. This proposal will serve as an amendment to our original Contract dated April 19, 2017 and revised Proposal for Civil Engineering Services dated June 26, 2018 with Weinstein A+U. We look forward to continuing our work with you on this project. Sincerely, LPD Engineering PLLC Laurie J. Pfarr, P.E. Principal 1 Owner For Weinstein A+U Date Marc Servizi, PE Printed Name Sr Project Manager 1 Senior Civil Engineer cc: File Carr Engineering, Inc. 12500 Castlebridge Drive Houston, TX 77065 - Tel: 281-894-8955 Fax: 281-894-5455 info@ceimail.com RECEIVED OCT 21 2019 WEINSTEIN A+U Emma Nowinski Weinstein 2200 Western Avenue, Suite 301 Seattle, WA 98121 Tukwila Fire Apparatus Rollover Study (8196:) - Managed by (JW) Professional Services Date 7/11/2019 7/12/2019 7/13/2019 7/15/2019 7/16/2019 7/30/2019 7/30/2019 7/31/2019 8/2/2019 8/2/2019 Employee DB DB DB DB DB DB JW DB JW JW 8/2/2019 DB 9/19/2019 DB 9/20/2019 DB 9/23/2019 DB 9/24/2019 JW 9/24/2019 JW 9/24/2019 DB 9/27/2019 JW 9/27/2019 DB 9/30/2019 JW 9/30/2019 DB Description Attend meeting with client Attend meeting with client Attend meeting with client Attend meeting with client Attend meeting with client Analyze/Review new case materials Analyze/Review Case Materials Analyze/Review new case materials Analyze/Review Case Materials Telephone Consultation with Client Analyze/Review new case materials Analyze/Review Case Materials Analyze/Review Case Materials Analyze/Review Case Materials Telephone Consultation with Client Analyze/Review Case Materials Attend Meeting with Client Analyze/Review Case Materials Attend Meeting with Client Analyze/Review Case Materials Analyze/Review Case Materials Invoice Invoice Date: Oct 11, 2019 Invoice Num: CEI112980 Billing Through: Sep 30, 2019 li-0I2 AS 2A - Hours 0.30 0.70 0.90 1.10 0.20 2.00 0.50 0.10 0.80 0.40 1,00 0.40 1.90 0.20 0.40 0.40 0.50 0.30 1.10 0.50 0.60 Rate $270.00 $270.00 $270.00 $270.00 $270.00 $270.00 $595.00 $270.00 $595.00 $595.00 $270.00 $270.00 $270.00 $270.00 $595.00 $595.00 $270.00 $595.00 $270.00 $595.00 $270.00 Amount $81.00 $189.00 $243.00 $297.00 $54.00 $540.00 $297.50 $27.00 $476.00 $238.00_, 2�1 i2 SG $270.00 $108.00 $513.00 $54.00 $238.00 $238.00 $135.00 $178.50 $297.00 $297.50 $162.00 Total Service Amount: I $4,933.50 Amount Due This Invoice: $4,933.50 This invoice is due on 11/10/2019 Account Summary Services BTD Expenses BTD Last Inv Num Last Inv Date Last Inv Amt Last Pay Amt Prev Unpaid Amt, $ 4,933.50 $ 0.00 -- -- $ 0.00 $' 0.00_._. $ 0.00 _._ ( Total Amount Due Including This Invoice: I $4,933.50 Tax ID: 76-0142053 Page 1 of 1 Carr Engineering, Inc. 12500 Castlebridge Drive Houston, TX 77065 - Tel: 281-894-8955 Fax: 281-894-5455 info@ceimail.com RECEIVED NOV 18 2019 WEINSTEIN A+U Emma Nowinski Weinstein 2200 Western Avenue, Suite 301 Seattle, WA 98121 - Tukwila FIre Apparatus Rollover Study (8196:) - Managed by (W) Professional Services Date Employee Description Hours Rate Amount 10/4/2019 DB Analyze/Review Case Materials 0.20 $270.00 $54,00 10/10/2019 DB Analyze/Review Case Materials 0.20 $270.00 $54.00 10/15/2019 JW Telephone Consultation with Client 0.40 $595.00 $238.00 10/15/2019 DB Attend Meeting with Client 0.60 $270.00 $162.00 10/21/2019 DB Attend Meeting with Client 3.60 $270.00 $972.00 10/22/2019 DB Attend Meeting with Client 3.70 $270.00 $999.00 10/24/2019 DB Attend Meeting with Client 0.50 $270.00 $135.00 10/25/2019 DB Analyze/Review Case Materials 2.70 $270.00 $729.00 10/26/2019 DB Analyze/Review Case Materials 0,40 $270.00 $108.00 10/27/2019 DB Analyze/Review Case Materials 1.10 $270.00 $297.00 $714.00 10/30/2019 DB Analyze/Review Case Materials 2.80 $270.00 $756.00 10/30/2019 JW Prepare Expert Report/Affidavit/Disclosure 1.20 $595.00 Invoice Invoice Date: Nov 13, 2019 Invoice Num: CEI1,130711 Billing Through: Oct 31, 2019 11-017 AS 2� ' Services BTD $ 10,151.50 Total Service Amount: I $5,218.00 Amount Due This Invoice: 1 $5,218.00 This invoice is due on 12/13/2019 xp .. Account SDateY1C1(ys. _._._ La 0 00 Prey Unpaid Amt' Expenses BTD Last Inv Num Las} Inv Date Last Inv Amt Last PayAmt Pr $ 0.00 CEI112980 10/11/2019 $ 4,933.50 $ $ 4,933 50 Total Amount Due Including This Invoice: ( $10,151.50 Tax ID: 76-0142053 Page 1 of 1 Ab Carr Engineering, Inc. 12500 Castlebridge Drive Houston, TX 77065 - Tel: 281-894-8955 Fax: 281-894-5455 info@ceimail.com Emma Nowinski Weinstein 2200 Western Avenue, Suite 301 Seattle, WA 98121 - RECEIVED DEC 1 6 2019 WEINSTEIN A -1-U Tukwila Fire Apparatus Rollover Study (8196:) - Managed by (JW) Invoice Invoice Date: Dec 11, 2019 Invoice Num: CEI113166 Billing Through: Nov 30, 2019 1 R -o 12 AS Zi• Professional Services Date Employee 11/1/2019 JW 11/15/2019 DB 11/25/2019 DB Description Prepare Expert Report/Affidavit/Disclosure Analyze/Review Case Materials Analyze/Review Case Materials Hours Rate 0.70 $595.00 1.20 $270.00 0.90 $270.00 Total Service Amount: I Amount $416.50 $324.00 $243.00 $983.50 Amount Due This Invoice: I $983.50 This invoice is due on 1/10/2020 Account Summary Services BTD Expenses BTD Last Inv Num Last Inv Date Last Inv Amt Last Pay Amt Prev Unpaid Amt $ 11,135.00 $ 0.00 CE1113071 11/13/2019 $ 5,218.00 $ 0.00 $ 10,151.50 Total Amount Due Including This Invoice: I $11:135.00 Tax ID: 76-0142053 Page 1 of 1 CHANGE NO.: 2 CLIENT: JOB NO. PROJECT: CONTRACT CHANGE Emma Nowinski — Weinstein A+U DATE: April 24, 2019 19297-01 Tukwila Fire Station 52, Tukwila, Washington Description of Work Additional Drilling for New Roadway Grading The City of Tukwila has changed the roadway configuration for the Fire Station 52 project. The existing roadway from 65th Avenue South will be cut down as much as 4 to 5 feet from existing grade. Our original design scope did not include this aspect of the project. As previously discussed with you, we plan to drill four to five additional borings at the site to depths between 10 to 15 feet. The borings will be drilled using a truck -mounted rig equipped with hollow stem auger tooling. If auger refusal on bedrock is encountered, select borings may be continued using rock coring equipment. These borings will either be drilled within the roadway pavement or the adjacent landscaping area. Borings within the roadway will be patched with concrete. All borings will be backfilled in accordance with regulations. We have made the same assumptions regarding handling of drill spoils, as described in our original proposal dated March 16, 2018. We will contact you if we encounter any soil or groundwater that we suspect to be environmentally impacted. We will perform limited soil laboratory testing on samples retrieved from the drilling. Following the additional field explorations, we will transmit the boring logs and laboratory results to the team. We respectfully request additional budget of $8,900 for field exploration, as outlined below. o Field Coordination, Field Engineering, and Sample Review $3,300 o Lab Testing $1,100 o Direct Drilling and Locating Cost $4,500 Total $8,900 Total Change Order #02 (Lump Sum) $8,900 Previous Authorization $59,200 New Authorization with Change Order #02 $68,100 3131 Elliott Avenue, Suite 600 Seattle, Washington 98121 206 324.9530 Weinstein A+U April 24, 2019 19297-01 Page 2 This change amends the contract between Weinstein A+U and Hart Crowser dated March 16, 2018. Except as amended above, all terms and conditions apply to this Contract Change. To indicate your previous authorization, please return one signed copy. ACCEPTED FOR Weinstein A+U By: Printed Name: Date: HART CROWSER, INC. By: Printed Name: Douglas D. Lindquist, Principal Date: April 24, 2019 L:\Notebooks\1929701_Tukwila_Fire_Station_52\Deliverables\Proposal\CO-02\Tukwila Fire Station 52 - Roadway Supplemental Drilling - Change Order.docx E'9 NS EI A+U ARCHITECTS + URBAN DESIGNERS November 27, 2019 Justine Kim Shiels I Obletz I Johnsen 101 Yesler Way, Suite 606 Seattle, WA 98104 RE: Tukwila Fire Stations -FS51 Wetland Mitigation Coordination Dear Justine: Additional Services Request 28 asks for additional fee to cover the coordination of the wetland mitigation efforts for the Tukwila Fire Station 51 site. While the City contracted directly with The Watershed Company for the wetland mitigation plan, that plan required changes to the already -permitted contract documents for the station, which Weinstein A+U coordinated with our civil and landscape consultants. While the permit for the wetland work has not been finalized, the fees below reflect the outstanding hours required to complete the permit resubmittal. Please refer to the attached consultant proposals for more detail. Fee requested for the above services is as follows: Task Description LPD Engineering Civil Engineer Swift Company Landscape Architect WAU Architect Total Additional Service 28 Proposed Fee $4,200.00 $3,352.00 $1,837.50 $9,389.50 10%Markups $420.00 $335.20 $0 $755.20 AS 28 Total $10,144.70 We understand from previous discussions with the team that the costs incurred for this Additional Service will be included in the upcoming Contract Amendment 6. Sincerely, Emma Nowinski, AIA 2200 Western Avenue Suite 301, Seattle, WA 98121 WeinsteinAU.com ( 206 443 8606 F 206 443 1218 engineering p c Proposal for Additional Civil Engineering Services Additional Services Agreement (ASA) #4 Date: July 30, 2019 To: Weinstein A+U 2200 Western Avenue, Suite 301 Seattle, WA 98121 Attn: Emma Nowinski, AIA, Project Manager From: Marc Servizi, PE, Project Manager 1 Laurie J. Pfarr, PE, Principal Project: Tukwila Fire Station 51 Civil Plans for Wetland 1932 First Avenue, Suite 201 Seattle, Washington 98101 P. 206.725.1211 F. 206.973.5344 Ipdengineering.com Thank you for the opportunity to provide this additional services proposal, which is an amendment to our Original Contract dated April 19, 2017 and revised Proposal for Civil Engineering Services dated June 26, 2018. This proposal is to confirm our understanding of the additional scope of services and compensation for this project. We look forward to continued work with you on this project. Description of Additional Services This proposal is for additional civil engineering services associated with the revisions to site improvements at the Fire Station #51 in Tukwila, Washington due to a wetland that was delineated and added to the project. The City of Tukwila's Planning Department has requested revisions to the site plan to incorporate the wetland and buffers. The requested civil work includes additional coordination with the City, Owner, Contractor and Wetland Biologist, meetings, site visit, and plan revisions, all of which are outside of the originally approved project scope. Therefore, an amended scope of services and corresponding fee for this supplementary work are provided below. Additional Scope of Services This additional services proposal is for the scope of work outlined below: Design and Coordination 1. Review and strategy with Weinstein, concerning existing wetland. 2. Strategy meeting at SOJ, May 2, 2019. 3. Coordination meeting at site, May 21, 2019. 4. Preliminary Plan revisions and coordination with team. 5. Design and drafting for Pre -final Civil Plan revisions, completed on 6/28/19. 6. Ongoing coordination with Landscape, Biologist, Owner, Architect, Surveyor, and Contractor. 7. Update plans per final report by Watershed. 8. Update plans per City review. engineering pl c July 30, 2019 Proposal for Additional Civil Engineering Services - ASA #4 Fire Station 51 Page 2 Proposed Fee for Additional Services Our fee for services is based upon the information that we have at this time. We propose to provide civil engineering consulting and drafting services on a lump sum basis. Our anticipated maximum fee for this additional work is as follows. Additional Task ! Deliverable Lump Sum Fee Total Estimated Additional Compensation $4,200 Assumptions ■ Unless otherwise noted, the same assumptions and exclusions from our Original Contract dated April 19, 2017 and revised Proposal for Civil Engineering Services dated June 26, 2018, apply. ■ All notifications to the Architect of additional services by LPD will be forwarded to the Owner in a timely manner. Please notify us if you have any concerns or disagree with any of the scope, terms, or conditions. We request that you sign and return a copy of this document to confirm that you have read and agree with the content of this additional services proposal. This proposal constitutes the entire agreement for ASA #4 between the client and LPD Engineering and supersedes any prior understanding or representation of any kind preceding the date of this proposal. This proposal will serve as an amendment to our original Contract dated April 19, 2017 and revised Proposal for Civil Engineering Services dated June 26, 2018. We look forward to continuing our work with you on this project. Sincerely, LPD Engineering PLLC Laurie J. Pfarr, P.E. Principal 1 Owner For Weinstein A+U Date Marc Servizi, PE Printed Name Sr Project Manager 1 Senior Civil Engineer cc: File SWIFTCOMPANYLLC November 29, 2019 Emma Nowinski Weinstein A/U 2200 Western Avenue Suite 301 Seattle, WA 98121 RE: Tukwila Fire Stations - Revisions for: TFS51 Add Svc #28 — Wetland TFSS52 Add Svc #30 - Walls/Vault Redesign Additional Service Proposal 3131 Western Avenue Suite M423 Seattle, Washington USA 98121 www.swiftcompany.com info@swiftcompany.com TEL 206-632-2038 FAX 206-632-2048 Dear Emma, As requested, the following is a summary ofthe proposed additional scope of work and fee associated with the Revisions forTFS51 Add Svc #28 and TFS52 Add Svc#30 as directed by the Owner. The tasks are separated for clarity and confirmation of scope and intent. The proposal assumes the following tasks to revise Construction Documents: Task #1- TFS51 A Svc #28 : • Meetings and coordination related to redesign effort associated with wetland delineation on site. • Coordination with Watershed Company on scope line and limit of construction. • Redesign of planting, hardscape, and irrigation for station rear apron and adjacent site area based on wetland delineation and scope reduction. • Coordination of scope area and planting strategy with Watershed Company. • Documentation including updates to plans and schedules related to changes, submittal of sheets for review. • Coordination with Watershed Company for revisions based on comments. • Documentation of revisions and resubmittal of sheets. • Fee = $3,352 OMMIPPM Task #2— TFS52 Add Svc #30: • Meetings and coordination related to changes to site walls and stormwater vault location. • Redesign of site based on vault location shift. • Redesign of site walls from pre -cast concrete block walls to cast -in-place concrete. • Redesign of associated site stairs, adjacent planting areas, planting and irrigation based on wall and vault redesign. • Design study drawings and diagrams for vault, wall, and associated redesign efforts. • Presentation of design study materials and refinement based on feedback. • Documentation including updates to plans, sections, details, and schedules related to changes. • Fee = $3,021 Please contact either Gareth, Shawn, or I with any questions or concerns. We look forward to moving this forward. Warm regards, Barbara Swift, FASLA TE8NA--U ARCHITECTS ± URBAN DESIGNERS November 27, 2019 Justine Kim Shiels I Obletz I Johnsen 101 Yesler Way, Suite 606 Seattle, WA 98104 RE: Tukwila Fire Stations -FS52 CIP Retaining Wall Design and Vault Shift Dear Justine: Additional Services Request 30 requests fees to cover the costs associated with changes made to the site structures designs at the recommendation of the project's GCCM. The team re -designed the retaining walls at the SE corner of the site from concrete block to cast -in-place concrete and adjusted the location of the stormwater detention vault to optimize the required earthwork in that portion of the site. Although the consultants provided initial estimates for the execution of these tasks, the work was completed on a T&M basis in order to cover the necessary permit resubmittals. Please refer to the attached proposals/invoices from the consultants for more detail. Fee requested for the above services is as follows: Task Description Robinson Noble Civil Engineer LPD Engineering Civil Engineer SSF Structural Engineer Swift Company Landscape Architect WAU Architect Total Additional Service 30 Final Fee $187.00 $6,900.00 $8,077.50 $3,021.00 $1,875.00 $20,060.50 10%Markups $18.70 $690.00 $807.75 $302.10 $0 $1,818.55 A5 30 Total $21,879.05 We understand from previous discussions with the team that the costs incurred for this Additional Service will be included in the upcoming Contract Amendment 6. Sincerely, Emma Nowinski, AIA 2200 Western Avenue Suite 301, Seattle, WA 98121 WeinsteinAU.com 1 206 443 8606 F 206 443 1218 2105 South C Street Tacoma, WA 98402 Phone: 253-475-7711 Fax: 253-472-5846 www.robinson-noble.com Ms Emma Nowinski Weinstein A+U 2200 Western Avenue, Suite 301 Seattle WA 98121 ROBINSON" NOBLE —1 Invoice Date Jul 3, 2019 Billing From Page 1 of 1 Billing To un 30, 2019 1 ?, Project ID: 2884-002A: Project Name: Weinstein A+U;Tukwila Fire Station/52 MSE Wall Manager: rbpowell INVOICE :This invoice ref] a tern phone meeting on June 19 for the Tukwila Fire Station 52 project. 1 Professional Position Hours Rate Amount Principal Engineer design coordination phone call when decision was 1.00 $187.00 made to change the block walls to CVP concrete EI /WAU Subtotal Services: Total Amount Due: $187.00 $187.00 $187.00 Services BTD $ 4,739.25 Expenses BTD $ 0.00 Account Summary Last Inv Num Last Inv Date 19-0548 7/3/2019 ast Inv Amt ( Last Pay Amt Prev Unpaid Amt $ 0.00 $ 0.00 $ 3,400.00 Total Amount Due Including This Invoice: $ 3,587.00 engineering 111:;1 Proposal for Additional Civil Engineering Services Additional Services Agreement (ASA) #5 Date: July 30, 2019 To: Weinstein A+U 2200 Western Avenue, Suite 301 Seattle, WA 98121 Attn: Emma Nowinski, AIA, Project Manager From: Marc Servizi, PE, Project Manager 1 Laurie J. Pfarr, PE, Principal Project: Tukwila Fire Station 52 Vault Shift 1932 First Avenue, Suite 201 Seattle, Washington 98101 P. 206.725.1211 F. 206.973.5344 Ipdengineering.com Thank you for the opportunity to provide this additional services proposal, which is an amendment to our Original Contract dated April 19, 2017 and revised Proposal for Civil Engineering Services dated June 26, 2018. This proposal is to confirm our understanding of the additional scope of services and compensation for this project. We look forward to continued work with you on this project. Description of Additional Services This proposal is for additional civil engineering services associated with the design of a revised detention vault location for Fire Station #52 in Tukwila, Washington. After completion of the plans and after receiving the construction permit, Lydig Construction requested relocation of the detention vault to reduce construction costs and to build the vault after construction of the sidewalk and walls. Civil Engineering work has included preparation of options, additional coordination, meetings, and revisions to plans, all of which are outside of the originally approved project scope. Therefore, an amended scope of services and corresponding fee for this supplementary work are provided below. Additional Scope of Services This additional services proposal is for the scope of work outlined below: Design and Coordination 1. Coordination with GCCM contractor to obtain and clarify goals, plans and assumptions. 2. Prepare four (4) additional options to shift the vault. Review with design and construction team. 3. Meeting at Weinstein AU with contractor and design team. 4. Coordination with City to confirm their maintenance requirements and minimum dimensions for Vactor Truck. 5. Coordination with Hart Crowser, SSF, Swift, Weinstein, SOJ and Lydig. 6. Engineering and drafting to update base maps for revised vault location, grading, Landscape Base, plantings, access, curbs. Update for profile and structural details. 7. Final preparation of Plans, including revision notations (clouding), and printing. engineering pl c July 30, 2019 Proposal for Additional Civil Engineering Services - ASA #5 Fire Station 52 Page 2 8. Respond to City comments associated with vault shift. For the purposes of the proposal, it is assumed that the City will not have anything more than minor comments associated with the planned shift. Proposed Fee for Additional Services Our fee for services is based upon the information that we have at this time. We propose to provide civil engineering consulting and drafting services on a lump sum basis. Our anticipated maximum fee for this additional work is as follows. Additional Task / Deliverable, Total Estimated Additional Compensation Lump Sum Fee $6,900 Assumptions ■ Unless otherwise noted, the same assumptions and exclusions from our Original Contract dated April 19, 2017 and revised Proposal for Civil Engineering Services dated June 26, 2018, apply. ■ All notifications to the Architect of additional services by LPD will be forwarded to the Owner in a timely manner. Please notify us if you have any concerns or disagree with any of the scope, terms, or conditions. We request that you sign and return a copy of this document to confirm that you have read and agree with the content of this additional services proposal. This proposal constitutes the entire agreement for ASA #5 between the client and LPD Engineering and supersedes any prior understanding or representation of any kind preceding the date of this proposal. This proposal will serve as an amendment to our original Contract dated April 19, 2017 and revised Proposal for Civil Engineering Services dated June 26, 2018. We look forward to continuing our work with you on this project. Sincerely, LPD Engineering PLLC Laurie J. Pfarr, P.E. Principal 1 Owner For Weinstein A+U Date Marc Servizi, PE Printed Name Sr Project Manager Senior Civil Engineer cc: File Swenson Say Faget STRUCTURAL ENGINEERING Proposal for Additional Services TO Emma Nowinski Weinstein A+U 2200 Western Ave, Suite 300 Seattle, WA 98121 DATE July 12, 2019 PROJECT Tukwila Fire Station 52 Site Retaining Walls PROJECT NO BY Dan Morrow This letter serves as our proposal to provide additional services for the design of reinforced concrete site retaining walls and detention vault relocation for the site development of the proposed new Tukwila Fire Station 52 and adjoining fire station apron and parking areas. The site walls were originally planned as modular block walls but the project team has been advised that the walls would likely be less expensive as concrete walls. Additionally, the stormwater detention vault is proposed to be moved to reduce excavation and backfill costs. Our proposal is based on the architectural, landscape and civil site and grading plans. The concrete retaining walls would consist of approximately 200' of wall at the south and south east side of the site and range from roughly 2 feet tall to approximately 12 feet tall. The wall would step up from the west end reaching maximum height roughly mid -length and taper in height to the east. A concrete stair would be part of the wall construction and allow access from the lower site to a walkway and parking area at the upper site. The current geotechnical report for the site included site retaining wall design recommendations including design soil pressures and other recommended design parameters and it appears that the report contains all necessary information for design purposes. The current detention vault design would be updated for the revised location and for the soil cover loads and other loads at the revised location. Our scope of work includes the structural design for the retaining walls and concrete stair and detention vault along with drafted construction documents. We will also provide stamped structural calculations for building permit submission. We will coordinate our design with civil and architectural designs as required. This proposal assumes that we will be provided with a topographical survey drawing and civil site grading plan with wall elevations for our use in preparing our drawings. Construction administration services for this portion of the work are included in our proposal and would include the review of submittals and shop drawings, answering contractor questions, and visiting the site, if necessary, for periodic observation. Based on the scope of work outlined above, we propose our structural consulting work on an hourly not -to - exceed basis. We estimate that a fee of $5,500 will be required for the work. This is an estimate only for budgetary purposes based on the current plans and scope however we will not exceed this fee without prior approval of Weinstein A+U and the owner. Limit of liability and other contract particulars are as given in the original memorandum of professional engagement for the project. If this proposal is acceptable please sign this letter indicating that you have read and agreed with it. If you authorize us to proceed prior to receiving a signed copy, we will do so, assuming agreement with this document. 2124 3`d Ave. Suite 100, Seattle, WA 98121 Phone: (206) 443-6212 fax: (206) 443-4870 Tukwila FS52 Site Retaining Walls & Vault Page 2 We look forward to our continued work with you on the project. Regards, Dan Morrow, PE Principal Swenson Say Faget For Weinstein A+U 2124 3`d Ave. Suite 100, Seattle, WA 98121 Phone: (206) 443-6212 fax: (206) 443-4870 Swenson Say Faget STRUCTURAL, ENGINEERING 2124 Third Avenue Suite 100 Seattle, WA 98121 0 206.443.6212 F 206.443.4870 ssfeengi'ieers.conl 11.--c. L I q Weinstein AU Invoice number 106633 2200 Western Ave Date 08/23/2019 Suite 301 Seattle, WA 98121 Project 00021-2018-01 Tukwila Fire Station 52 Professional services through 08/18/2019 Site Retaining Wails 1s S 30 Professional Services Billed Hours Rate Amount Dan Morrow Principal Engineer 14.00 180.00 2,520.00 Scott Brown Senior CAD Technician 5.25 115.00 603.75 Professional Services subtotal 19.25 3,123.75 Invoice total 3,123.75 Terms: Net 30 days. Please include the Project Number and Invoice Number on your check. Thank you. Swenson Say Faget STRUCTURAL ENGINEERING 2124 Third Avenue Suite 100 Seattle, WA 98121 O 206.443.6212 F 206.443.4870 ssfengineers.carn Weinstein AU Invoice number 106638 2200 Western Ave Date 08/23/2019 Suite 301 Seattle, WA98121 Project 00021-2018-01 Tukwila Fire Station 52 Professional services through 08/18/2019 07 Storm Water Detention Vault P.S 30 Professional Services Billed Hours Rate Amount Dan Morrow Principal Engineer 11.00 180.00 1,980.00 Ryan Anderson Associate Principal 1,75 145.00 253.75 Scott Brown Senior CAD Technician 3.25 115.00 373.75 Professional Services subtotal 16.00 2,607.50 Reimbursable Expenses Courier Cost Billed Date Units Amount Multiplier Rate Amount 08/09/2019 100.00 100.00 Invoice total 2,707.50 Terms: Net 30 days. Please include the Project Number and Invoice Number on your check. Thank you. Swenson Say Faget STRUCTURAL ENGINEERING 2124 Third Avenue 0 206.443.6212 Suite 100 F 206.443.4870 Seattle, WA 98121 ssfengineers,corn RECEIVED SEP 3 0.2019 WEINSTEIN A+U Invoice number 107279 Weinstein AU Date 09/27/2019 2200 Western Ave Suite 301 Project 00021-2018.01 Tukwila Fire Station 52 Seattle, WA 98121 t Professional services through 09/22/2019 Site Retaining Walls ,sS 3.0 Professional Services Dan Morrow Principal Engineer Scott Brown Senior CAD Technician Professional Services subtotal Billed Hours Rate Amount 12.00 180.00 2,160.00 0.75 115.00 86.25 12.75 2,246.25 Invoice total 2,246.25 Terms: Net 30 days. Please include the Project Number and Invoice Number on your check. Thank you. SWIFT COM PANY LLC November 29, 2019 Emma Nowinski Weinstein A/U 2200 Western Avenue 1 Suite 301 Seattle, WA 98121 RE: Tukwila Fire Stations - Revisions for: TFS51 Add Svc #28 — Wetland TFSS52 Add Svc #30 - Walls/Vault Redesign Additional Service Proposal 3131 Western Avenue Suite M423 Seattle, Washington USA 98121 www.swiftcompany.com info@swiftcompany.com TEL 206-632-2038 FAX 206-632-2048 DearEmma, As requested, the following is a summaryofthe proposed additional scope of work and fee associated with the Revisions for TFS51Add Svc#28 and TFS52 Add Svc#30 as directed by the Owner. The tasks are separated for clarity and confirmation of scope and intent. The proposal assumes the following tasks to revise Construction Documents: Task #1- TFS51 Add Svc #28 : • Meetings and coordination related to redesign effort associated with wetland delineation on site. • Coordination with Watershed Company on scope line and limit of construction. • Redesign of planting, hardscape, and irrigation for station rear apron and adjacent site area based on wetland delineation and scope reduction. • Coordination of scope area and planting strategy with Watershed Company. • Documentation including updates to plans and schedules related to changes, submittal of sheets for review. • Coordination with Watershed Company for revisions based on comments. • Documentation of revisions and resubmittal of sheets. • Fee = $3,352 Task#2—TFS52 Add Svc #30: • Meetings and coordination related to changes to site walls and stormwater vault location. • Redesign of site based on vault location shift. • Redesign of site walls from pre -cast concrete block walls to cast -in-place concrete. • Redesign of associated site stairs, adjacent planting areas, planting and irrigation based on wall and vault redesign. • Design study drawings and diagrams for vault, wall, and associated redesign efforts. 1 III 111111 • Presentation of design study materials and refinement based on feedback. • Documentation including updates to plans, sections, details, and schedules related to changes. • Fee = $3,021 Ian mmonommunalummumnom Please contact either Gareth, Shawn, or I with any questions or concerns. We look forward to moving this forward. Warm regards, Barbara Swift, FASLA City of Tukwila Agreement Number: 17-068(e) 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Amendment No. 5 Between the City of Tukwila and Weinstein AU, LLC. That portion of Contract No. 17-068 between the City of Tukwila and Weinstein AU, LLC. is hereby amended as follows: Section 1 Project Designation: The Consultant is retained by the City to perform Architectural Design and Planning services in connection with the project titled Tukwila Public Safety Plan, Fire Station 51 site. Section 2 Scope of Services: The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. Section 4 Payment: The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: Payment for the work provided by the Consultant shall be made as provided on Exhibit "A" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $2,939,689 (including estimated expenses) without express written modification of the Agreement signed by the City. The total amount for this amendment is $29,183. All other provisions of the contract shall remain in full force and effect. Dated this (1 day of U t1 a , 2019 CITY OF TUKWILA Allan Ekberg, Mayor ATTEST/AUTHENTICATED /1) WEINSTEIN AU, LLC 17r1/N-sk-\ By: Printed Name: pv,i Title: ill q PO APPROVED A TO FORM Kr&I 14 -0 -e -v14 Christy O'Flaherty, MMC, City Clerk Office of the City Atto CA Revised December 2016 7., Page 1 of 1 EX2|TA EKNSTE0NAfU Axconncn+uw^mnomwm� June 8,0l9 Justine Kim Shid,IOb|mzIJohnsen 101 Yesler Way, Suite 606 Seattle, WA 98104 RE: Tukwila Fire Stations -FS51 Geotechnical Site Iitility Work Dear Justine: Additional Services Request 29 requests additional fee to cover additional testing scope for the Geotechnical Engineer for the Fire Station 51 construction phase. Hart Crowser had previously been contracted to do construction observation for elements solely within the bullding footprint, but has now been requested to perform that observation for the installation of all site utilities. Please refer to their attached proposal for more detail. Fee requested for the above services is as follows: Task Description Hart Crowser Geotechnical Engineer Additional Service 29 Proposed Fee $26,530.00 10% Markups $3'653o0 AS 29 Total $29,/83.08 We understand from previous discussions with the team that the costs incurred for this Additional Service will be included in the upcoming Contract Amendment 5. Sincerely, Emma Nowinski, AIA CROWSER CONTRACT CHANGE CHANGE NO.: 1 CLIENT: Emma Nowinski — Weinstein A+U E>{H|B|TA ',`^�c,c DATE: June 3, 2019 JOB NO. 19297-00 PROJECT: Tukwila Fire Station 51 — Design and Construction, Tukwila, Washington Description of Work Added Scope — Site Utilitv Installation Our authorized scope for Fire Station 51 includes geotechnical construction observation for the elements within the building footprint (foundations, slabs -on -grade, underslab utilities). We understand the City is requesting that we observe the backfill and compaction for the surrounding site utilities. We have prepared a scope and fee estimate based on the construction schedule prepared by Lydig. The schedule shows a duration of approximately 65 days of site utility installation. We estimate an additional 20 part-time visits will be required to cover this work (assuming about 4 hours on site per visit). The estimated cost for this additional scope is approximately $26,530. We have received verbal authorization to perform this work and direction to bill against our current authorization. Based on the contractor's schedule, and assuming we perform the additional scope, we will exhaust the currently authorized budget by June 26, 2019. The schedule indicates that the slab subgrade preparation is slated to be finished by July 12, 2019. Our current authorization is not sufficient to perform both the authorized scope and the requested additional scope. This Contract Change 1 increases our authorization to provide these construction services. Total Change Order #O1 (Time and Materials) $26,530 Previous Authorization $26,480 New Authorization with Change Order #O1 $53,O10 / Weinstein A+U June 3, 2019 E)(HB|TA 19297-00 Page 2 This change amends the contract between Weinstein A+U and Hart Crowser dated April 19, 2017. Except as amended aboveall terms and conditions apply to this Contract Change. To indicate your previous authorization, please return one signed copy or prepare a similar document for our signature. ACCEPTED FOR Weinstein A+U By: Printed Name: Date: HART CROWSER, INC. By: Printed Name: Douglas D. Lindquist, Principal Date: June 3, 2019 L:\mmemmks1929700_ ukwi/ap/eaations\oe/wemme»PmnosaKco_ 1 \Tukwila Fire Stationsz Change Order for Site Utility Work.docx COST ESTIMATES OF LABOR AND DIRECT EXPENSES Project Name and Location: Proposal/Job No.: Tukwila Fire Station - Task 2 - Fire Station 51 Design & Construction 17-A-1140-042 Date: 5/23/2019 Prepared by: ECE t IIBIT A Laboratory Testing Principal Associate Associate Sr. Project Engineer Project Engineer Sr. Staff Engineer Staff Engineer Technician Drafter Project Assistant Total Cost 2 Task Description $245 $205 $200 $180 $145 $125 $99 $85 $95 $82 $0 1. Design Support 4 0 $125 $0 8 each 0 $640 $0 2 $2,304 2. Meetings & Conference Calls 4 $0 CU Triaxial each 4 $500 $0 Proctor Compaction each 2 $1,560 3. Permit support 4 55,450 0 $75 4 _ $800 $1,560 4. Pre -construction support 4 4 $1,560 5. Field observations (40 PT days) 8 10 45 200 $37,060 6. Project management 4 6 8 $2,716 7. $0 8. $0 9. $0 10. $0 Total Labor Hours 28 0 10 51 20 200 0 0 0 10 319 Total Labor Cost (5) $6,860 $0 $2,000 $9,180 $2,900 $25,000 $0 $0 $0 $820 546,760 Laboratory Testing Unit Quantity Unit Cost Total Cost Water Content each 0 $25 $0 Grain Size each 2 $150 $300 Minus 200 Wash each 0 $100 $0 Grain Size with Hydrometer each 0 5250 $0 Atterberg Limits each 0 $125 $0 1-D Consolidation each 0 $640 $0 UU Triaxial (Unconfined Comp.) each 0 $300 $0 CU Triaxial each 0 $500 $0 Proctor Compaction each 2 $250 $500 Organic content 55,450 0 $75 $0 Total Cost (5) $800 Other Direct Costs Unit Quantity Unit Cost Total Cost Subcontract Drilling each 0 $ - $0 Field Engineering each 0 $ - $0 Travel Mileage mile 0 $ 0.54 $0 Airfare each 0 $ - $0 Field truck each 40 $ 95.00 $3,800 Per Diem day 0 $ - $0 Equipment/Supply day 30 $ 50.00 $1,500 Repro & Communication each 1 $ 150.00 $150 $0 Total Cost (5) 55,450 Total Project Estimate: $53,010 Hart Crowser 0651100074fTukwila Fire Stations - Reduced Estimate_rev-2019-05-22 update City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 17-068(d) 17-068(d) Council Approval 6/3/19 CONTRACT FOR SERVICES Amendment No. 4 Between the City of Tukwila and Weinstein AU, LLC. That portion of Contract No. 17-068 between the City of Tukwila and Weinstein AU, LLC. is hereby amended as follows: Section 1 Project Designation The Consultant is retained by the City to perform Architectural Design and Planning services in connection with the project titled Tukwila Public Safety Plan, Fire Station 52 site. Section 2 Scope of Services: The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. Section 4 Payment: The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: Payment for the work provided by the Consultant shall be made as provided on Exhibit "A" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $2,910,506 (including estimated expenses) without express written modification of the Agreement signed by the City. The total amount for this amendment is $20,840. ($5,250 + $6,670 + $8,920). All other provisions of the contract shall remain in full force and effect. Dated this 1% day of Allan Ekberg, Mayor ATTEST/AUTHENTICATED Christy Flaherty,, MMC, City Clerk%'.. Office of the City Attorney , 2019 WEINSTEIN AU, LLC Bv: ori �� S Printed Name: Mk, t�jcS'�Ct�/1 Title: M%yin APPROVED AS TO FORM CA Revised December 2016 Page 1of1 Exhibit A WEINSTEINA+U ARCHITECTS + URBAN DESIGNERS May 1, 2019 Justine Kim Shiels I Obletz I Johnsen 101 Yesler Way, Suite 606 Seattle, WA 98104 RE: Tukwila Fire Stations —F552 Stormwater Detention Vault Design Dear Justine: Additional Services Request 25 requests additional fee to cover the design of the cast -in-place concrete stormwater detention vault on the F552 site. The design of these vaults is usually delegated to the subcontractor responsible for the work, but the tight schedule of this project demands earlier design and permitting of this scope. Swenson Say Faget, the structural engineer for the project, has agreed to design the vault. Please refer to the attached proposal for more detail on their scope of services. WAU fees include the coordination of SSF's work. Fee requested for the above services is as follows: Task Description SSF Structural Engineer Weinstein A&U Architect Total Additional Service 25 $4,500.00 $300.00 I $4,800.00 10% Markups $450.00 $0 1 $450.00 AS 25 subtotals $4,950.00 $300.00 1 $5,250.00 As this work will be included in the first phase of permitting for FS52, which has a critical review timeline, we will be releasing SSF to proceed with this work immediately. We understand from previous discussions with the team that the costs incurred for this Additional Service will be included in Contract Amendment 4. Sincerely, Emma Nowinski, AIA 2200 Western Avenue Suite 301, Seattle, WA 98121 WeinsteinAU.com T 206 443 8606 F 206 443 1218 Swenson Say Faget STRUCTURAL ENGINEERING Proposal for Additional Services To Emma Nowinski Weinstein A+U 2200 Western Ave, Suite 300 Seattle, WA 98121 DATE April 17, 2019 PROJECT Tukwila Fire Station 52 Detention Vault PROJECT NO. BY Dan Morrow This letter serves as our proposal to provide additional structural engineering consultation services for the design of the proposed storm water detention vault at the proposed new Tukwila Fire Station 52 site in Tukwila, Washington. The project scope involves design of an approximately 60' x 40' concrete vault structure that would be adjacent to visitor and administrative parking on the southeast side of the site. The structural scope of work would involve design of the concrete vault structure based on the basic vault configuration provided by the project's civil engineer and on the soil parameters provided by the project geotechnical engineer. It is anticipated that the vault structure would be cast in place concrete walls and floor and precast, pretensioned concrete planks for the vault roof structure. We would provide CAD drafted structural framing plans along with related details for inclusion in the project drawings. We would also provide structural calculations for the work for permit submittal. It is anticipated that this work would be part of an early site development permit for the project. Construction administration services for this portion of the work are included in our proposal and would include the review of submittals and shop drawings, answering contractor questions, and visiting the site, if necessary, for periodic observation. Based on the scope of work outlined above, we propose our structural consulting work on an hourly not -to - exceed basis. We estimate that a fee of $4,500 will be required for the work. This is an estimate only for budgetary purposes based on the current plans and scope however we will not exceed this fee without prior approval of Weinstein A+U and the owner. Limit of liability and other contract particulars are as given in the original memorandum of professional engagement for the project. If this proposal is acceptable please sign this letter indicating that you have read and agreed with it. If you authorize us to proceed prior to receiving a signed copy, we will do so, assuming agreement with this document. We look forward to our continued work with you on the project. Regards, Dan Morrow, PE Principal Swenson Say Faget For Weinstein A+U 2124 3rd Ave. Suite 100, Seattle, WA 98121 Phone: (206) 443-6212 fax: (206) 443-4870 WEINSTEINA+U ARCHITECTS t URBAN DESIGNERS May 13, 2019 Justine Kim Shiels ( Obletz I Johnsen 101 Yesler Way, Suite 606 Seattle, WA 98104 RE: Tukwila Fire Stations —FS52 Inadvertent Discovery Dear Justine: Additional Services Request 26 requests additional fee to cover the services of an Environmental Scientist (ESA) to prepare an Inadvertent Discovery Plan for the Fire Station 52 construction phase. ESA has proposed to develop the plan and lead an orientation with the Contractor and any other parties involved in site work for a set fee. They have also included a not -to - exceed contingency in the event that something is discovered on site, which will enable them to move quickly to assist the contractor without having to request extra fee beforehand. Please refer to their attached proposal for more detail. WAU fees include the coordination of ESA's work, both in the development of their plan and in the event a discovery is made on site. Fee requested for the above services is as follows: Task Description ESA Environmental Scientist Weinstein A&U Architect Total Additional Service 26 Proposed Fee $1,700.00 $500.00 $2,200.00 Contingency $3,000.00 $1,000.00 $4,000.00 10% Markups ........................ $470.00 I $0 $470.00 AS26subtotals $5,170.00 $1,500.00 $6,670.00 We understand from previous discussions with the team that the costs incurred for this Additional Service will be included in the upcoming Contract Amendment 4. Sincerely, Emma Nowinski, AIA 2200 Western Avenue Suite 301, Seattle, WA 98121 WeinsteinAU.com T 206 443 8606 F 206 443 1 218 5309 Shilshole Avenue NW Suite 200 Seattle, WA 98107 206.789.9658 phone 206.789.9684 fax City of Tukwila Fire Station 52 Project Cultural Resources Services Scope of Work (May 10, 2019) viww.esassoc.com Project Description: On behalf of the City of Tukwila (City), Weinstein A+U is proposing to develop a fire station, located at 15447 65a' Avenue South, in the City of Tukwila, in King County. The proposed project consists of constructing a two-story fire station building to include administrative offices, apparatus bay, and support spaces, as well as an entryway, parking, driveway, and a memorial garden. The project is subject to the State Environmental Policy Act (SEPA) and a SEPA checklist has been prepared. Weinstein A+U/City has requested cultural resources services for the proposed project to meet SEPA requirements. Scope of Work: The Scope of Work to be conducted by ESA includes three (3) tasks: Task 1: Inadvertent Discovery Plan (IDP). ESA will prepare an inadvertent discovery plan (IDP) for City personnel and contractors to use during construction of the Project. This assumes the SEPA Responsible Official will not require archaeological monitoring or a preconstruction survey. Deliverables: Inadvertent Discovery Plan (draft and final; submitted as pdf) — one round of edits on draft. Budget: $1,400 flat fee Task 2: Orientation with Contractor. ESA will conduct one pre -construction orientation onsite in Tukwila with the construction project manager, contractor, and leads of any subcontractors that will be engaged in ground disturbing work. The orientation is expected to last approximately 30 minutes; scheduling and travel are included. Deliverables: Meeting attendance. Budget: $300 flat fee Task 3: Inadvertent Discovery Assistance (Contingent). Task 3 is an IDIQ (not to exceed $3,000) to assist in the event of an inadvertent discovery. Use of funds for Task 3 will require notice to proceed (NTP) from Weinstein A+U/City, and will be billed on a time and materials basis. Additional services in excess of $3,000 will require an amendment to the contract. Task 3 will be used as a contingency in the instance of inadvertent discoveries only. If no inadvertent discoveries are reported, then no fiends will be used from this task. Schedule: Schedule will be determined once NTP has been received. Budget: $3,000 (contingent) Cost Proposal: ESA estimates that the sum of $1,700 will be required to complete Tasks 1 and 2 as described above; an additional $3,000 is proposed as a contingency in Task 3. Extra services will be initiated by ESA only after agreement by both ESA and Weinstein A+U/City concerning revisions to the scope of work and additional compensation, if necessary. WEINSTEINA+U ARCHITECTS + URBAN DESIGNERS May 1, 2019 Justine Kim Shiels Obletz l Johnsen 101 Yesler Way, Suite 606 Seattle, WA 98104 RE: Tukwila Fire Stations -FS52 Shoring and Retaining Wall Design Dear Justine: Additional Services Request 24 requests additional fee to cover the design associated with the shoring and retaining walls on the FS52 site. The design of these elements is usually delegated to the subcontractors responsible for the work, but the tight schedule of this project demands earlier design and permitting of this scope. Swenson Say Faget, the structural engineer for the project, has agreed to design the shoring walls and WAU has enlisted Robinson Noble to design the concrete block retaining walls. Please refer to the attached proposals from both firms for more detail on their respective scopes of services. WAU fees include the coordination of both subconsultants' work. Fee requested for the above services is as follows: Task Description SSF Structural Robinson Noble Geotechnical Engineer Engineer Additional Service 24 10% Markups $5,000.00 1 $2,200.00 $500.00 $220.00 Weinstein A&U Architect $1,000.00 $0 Total $8,200.00 $720.00 AS 24 subtotals $5,500.00 $2,420.00 $1,000.00 $8,920.00 As this work will be included in the first phase of permitting for FS52, which has a critical review timeline, we will be releasing SSF and Robinson Noble to proceed with this work immediately. We understand from previous discussions with the team that the costs incurred for this Additional Service will be included in Contract Amendment 4. Sincerely. Emma Nowinski, AIA 2200 Western Avenue Suite 301, Seattle, WA 98121 WeinsteinAU.com T 206 443 8606 F 206 443 1218 Swenson Say Faget STRUCTURAL ENGINEERING Proposal for Additional Services TO Emma Nowinski Weinstein A+U 2200 Western Ave, Suite 300 Seattle, WA 98121 DATE April 17, 2019 PROJECT Tukwila Fire Station 52 Site Shoring PROJECT NO. BY Dan Morrow This letter serves as our proposal to provide additional services for the design of permanent site shoring walls for soil excavation and construction of the proposed new Tukwila Fire Station 52 and adjoining fire station apron and parking areas. This proposal is based on project team discussions of the site and wall construction strategies and architectural and civil site and grading plans. The permanent shoring would consist of a section that would also serve as the north wall of the new station structure and a section that would shore excavation cuts for fire station parking on the west side of the building. Shoring at the building would retain up to approximately 12 feet of soil and up to 15 feet would be retained at the west parking area. Based on the anticipated excavation depths, the shoring will consist of cantilevered soldier pile shoring and possible cantilevered soldier pile with tie -backs. The tied -back shoring may be required depending on actual excavation depth and surcharge loading due to adjacent roadway, etc. The current geotechnical report for the site included site shoring design recommendations including design soil pressures and other recommended shoring design parameters and it appears that the report contains all necessary information for design purposes. Our scope of work includes the structural design for the shoring systems along with drafted construction documents. We will also provide stamped structural calculations for building permit submission. It is anticipated that site shoring would be part of an early site development permit submittal. We will coordinate our design with civil and architectural designs as required. This proposal assumes that we will be provided with a topographical survey drawing showing all buried and overhead utilities so these elements can be shown on the shoring plan and located in shoring elevations. Construction administration services for this portion of the work are included in our proposal and would include the review of submittals and shop drawings, answering contractor questions, and visiting the site, if necessary, for periodic observation. Based on the scope of work outlined above, we propose our structural consulting work on an hourly not -to - exceed basis. We estimate that a fee of $5,000 will be required for the work. This is an estimate only for budgetary purposes based on the current plans and scope however we will not exceed this fee without prior approval of Weinstein A+U and the owner. Limit of liability and other contract particulars are as given in the original memorandum of professional engagement for the project. If this proposal is acceptable please sign this letter indicating that you have read and agreed with it. If you authorize us to proceed prior to receiving a signed copy, we will do so, assuming agreement with this document. We look forward to our continued work with you on the project. Regards, 2124 3`d Ave. Suite 100, Seattle, WA 98121 Phone: (206) 443-6212 fax: (206) 443-4870 Tukwila FS52 Site Shoring Page 2 Dan Morrow, PE Principal Swenson Say Faget For Weinstein A+U 2124 3rd Ave. Suite 100, Seattle, WA 98121 Phone: (206) 443-6212 fax: (206) 443-4870 ROBINSON NOBLE April 16, 2019 Ms. Emma Nowinski Weinstein A + U 2200 Western Avenue, Suite #301 Seattle, Washington 98121 This agreement is between Weinstein A + U (Client) and Robinson Noble, Inc. (Consultant), for geotechnical engineering and consultation for the project located at 6300 Southcenter Boulevard, Tukwila, Washington, Project Description The site is currently developed with an asphalt -covered parking lot with landscaping. We understand the site will be regraded to accommodate a fire station and associated parking. Part of the regrading will consist of filling in a pond near the approximate center of the property. Mechanically stabilized earth (MSE) retaining walls with block facing approximately 4 to 8 -feet high are planned to support the proposed drive aisles and parking. The walls will be facing cuts on the north side of the site and fill on the south side of the site and west of the filled-in pond. You have requested we provide design services for the MSE walls, including typical wall details, specifications and calculations. The walls will be faced with either Belgard Anchor Diamond Pro or Basalite Geowall Plus. We have extensive experience in designing MSE walls using the Basalite Geowall Pro with Stratagrid and have designed tens of thousands of square feet of walls in the Puget Sound area. The stamped details and specifications will be included in the civil engineer's plans to augment the plan sheets that show the wall height and locations. For our use in preparing this proposal you have provided us with a topographic survey by Bush, Roed & Hitchings dated May 21, 2018, a grading plan by LPD dated March 21, 2019 and a geotechnical engineering design report by Hart Crowser dated October 11, 2018. The geotechnical report provides recommendations for wall design including the equivalent fluid weight of the undisturbed soil and bedrock for the active, at -rest, passive and short-term seismic conditions. Scope of Work The scope of services to be provided by Robinson Noble, Inc. is for geotechnical engineering services. Our design and details will be based on LPD's 100% Design Development plans. Our services will include the following: • Review available geotechnical data for the project. • Prepare a design for the planned MSE walls. ■ Prepare construction profile drawings for the MSE walls. 2105 South C Street Tacoma, Washington 98402 P: 253.475.7711 I F. 253.472.5846 www.robinson-noble.com 17625 130th Avenue NE, Suite 102 Woodinville, Washington 98072 P: 425.488, 0599 I F: 425.488.2330 Tukwila Fire Station Walls Tukwila, Washington April 16, 2019 Page 2 of 2 Services Agreement Our services will be provided in accordance with our TERMS AND CONDITIONS, which are attached to this services agreement. The cost of our services for the retaining wall design tasks described above will be Two Thousand Two Hundred Dollars ($2.200), based on our understanding of the project and the conditions outlined in this scope. Any additional services will be provided on a time and expense basis in accordance with our GENERAL FEE SCHEDULE. This estimate will remain valid for 90 days from the date of this scope. We appreciate the opportunity to submit this agreement and are looking forward to working with you on this project. If this agreement meets with your approval, please sign in the spaces provided below and return one copy of this agreement to serve as your authorization for us to proceed. The parties hereto execute this Agreement by signature of their respective authorized officers or representatives. Sincerely, Robinson Noble, Inc. Client/Owner Authorized Signature Rick B. Powell, PE Principal Engineer RBP:am Date: (typed or printed name) Billing Address Phone No. Email Date: Attachments: General Fee Schedule and Terms and Conditions Robinson Noble, Inc. General Fee Schedule ROBINSON NOBLE Professional Positions i Principal Engineer, Hydrogeologist or Environmental Scientist January 1, 2019 Fee per Hour Associate Engineer, Hydrogeologist or Environmental Scientist Senior Engineer, Hydrogeologist or Environmental Scientist Senior Project Engineer, Hydrogeologist or Environmental Scientist Project Engineer, Hydrogeologist or Environmental Scientist Staff Engineer, Hydrogeologist or Environmental Scientist Senior Field Staff Field Staff Legal Support/Expert Witness Services/Testimony Support Positions $187 $171 $146 $126 $113 $102 $93 $80 150% of above rates Senior GIS/CAD Specialist Senior Technician Senior Administrator GIS/CAD Specialist Technician Administrator Clerical Support $95 $95 $83 $83 $83 $72 $72 Other Fees and Costs Subcontracts/ Management Fee Other Costs Professional services Outside laboratory services Construction subcontracts Travel (auto) Travel (other) Per diem Other direct expenses Field and laboratory testing/equipment rental 15% 15% 15% $0.64/mile Cost +10% Prevailing State rate +10% Cost +10% See following pages This fee schedule is subject to change according to contract or Professional Services Agreement conditions. Robinson Noble, Inc. rates effective January 1, 2019 Geotechnical Field and Laboratory Testing Schedule January 1, 2019 Test Fee Portable Nuclear Density Gauge Per Hour $5.00 Slope Inclinometer Per day $250 Direct Shear Point $200 Moisture -Density Relationship Curves: Each 1 pt $ 120 Each Multiple ptsts $225 Sieve Analyses (Gradations -Wet Sieve) Each $150 Bulk Sieve (if gravelly or >10Ib) Add $70 200 Wash Each $80 Hydrometer Analysis Each $175 Falling Head Permeability Each $165 Atterberg Limits Each $220 (Liquid Limit and Plastic Limit) Moisture Content Each $12 Dynamic Cone Penetrometer Day $225 Points Each $20 Resistivity 4 -point Gauge Day $300 Hand Auger Per day $50 Consolidation Test Incremental Loading (9 Toads, 0.125 TSF to 32 TSF, 4 unloads) Shelby Tube Extrusion/Sample Description Single -Ring Infiltrometer $550 $50/each additional load $40 Per day $50 This fee schedule is subject to change according to contract or Professional Services Agreement conditions. Robinson Noble, Inc. rates effective January?, 2019 TERMS AND CONDITIONS 1,, ,Protect and Relationship of the Parties: Client engages Consultant to perform the professional services as described in the scope of work, herein re- ferred to as the "Project," to which these Terms and Conditions are attached. Consultant's services under this Agreement include only those specified in the scope of work. Client expressly releases any claim against Consultant relating to any additional services that Consultant recommended, but that Client either did not authorize or instruct Consultant not to perform. Consultant may retain subcontractors for Client as Consultant considers necessary for services not pro- vided by Consultant. Any other assignment or transfer of an interest in the Agreement by either party without the written consent of the other shall be void. This Agreement shall inure to the benefit of and be binding upon the successors, assigns, and legal representatives of each of the parties hereto. This Agree- ment shall become effective when signed by Client. This Agreement constitutes the full and only agreement between the parties, there being no promises, agreements of understandings, written or oral, except as herein set forth and this Agreement supersedes all prior agreements or understandings regarding this Project. 2. Changes in Protect: Client may request changes in the Project's scope of work. Any such changes, including a change in Consultant's compensation or time of performance will be incorporated in written amendments to this Agreement. No change will be effective unless it is in writing and signed by Client and Consultant, or if made orally, confirmed by the parties in writing within 15 days. 3. Payment: Consultant will perform the Project for an estimated cost as specified in scope of work. A cost estimate or "not -to -exceed" limitation indicates that Consultant will not invoice fees and expenses in excess of the estimate or limitation amount without obtaining Client's agreement to do so, but is not a guarantee that the services will be completed for that amount. For circumstances involving changed conditions not foreseeable by Consultant at the time of execution of this Agreement, or if additional time and/or expenses are required to fulfill the Project's scope beyond the estimate, additional charges will be invoiced. Payment by Client for professional services and expenses provided by Consultant shall be based on the Fee Schedule in effect at the time of the invoice date. The fee schedule in effect as of the date of this Agreement is attached. Certain projects may require payment of a retainer depending on the value of professional services, expenses, and subcontracts. 4. Payment Conditions: Consultant shall periodically submit invoice(s) for this Project and/or other previously contracted projects. Client shall pay each in- voice promptly upon receipt. If Client objects to all or any portion of any invoice, Client shall so notify Consultant within seven (7) days from the date on the invoice, give reasons for the objection, and pay that portion of the invoice that is not in dispute. Client shall pay an additional monthly interest charge of one and one half percent (1.5%I or the maximum percentage allowed by law, whichever is less, of any undisputed amount of all account balances remaining un- paid for more than thirty (30) days from the date of receipt of the invoice. If an invoice is not paid within thirty (30) days, a late fee of $150 shall be assessed. In the event that an invoice for payment for this Project and/or other previously contracted projects remains unpaid for thirty (30) days from the date of invoice, Consultant has the right to cease performance of the services contracted herein. Consultant will not incur any liability for damages of any type or nature due to the delay of the Project as a result of justifiably stopping performance of services due to the failure of the Client to pay for services. In the event Consultant brings legal action against Client for unpaid invoice amounts, the prevailing party shall be entitled to recover lien fees, attorney's fees, court costs, arbitration costs and other related expenses. 5. General Client Responsibilities: Client shall provide complete and accurate information regarding its requirements for the Project and circumstances known to Client that would hinder or make more difficult or expensive Consultant's performance than would ordinarily be expected. Client shall furnish any required information and services and shall render approvals and decisions expeditiously. If Client observes or otherwise becomes aware of any fault or defect in the Project or in the performance of Consultant's services, Client shall give prompt written notice thereof to Consultant. Failure of Client to provide such written notice, however, shall not excuse Consultant of any performance deficiency or breach, nor eliminate its liability hereunder. 6. Permission to Access Subfect Propertvlfesl: If Client is the owner of the subject property, Client expressly gives permission for Consultant to access the subject property for the purposes of conducting the Project. If Client is not the owner of the subject property, Client shall provide documentation accept- able to Consultant that provides permission to access the subject property for the purposes of conducting the Project. Consultant will take reasonable precau- tions to minimize damage to the land or utilities from use of equipment, but Client understands that use of exploratory equipment may cause some damage and that correction of such damage is not part of this agreement. Securing permission for installing soldier piles, tieback anchors, or soil nails into adjoining properties of the project site will be Client's responsibility. Client will be responsible for obtaining permission to cross property lines with an open excavation. 7. Charmed Conditions: If Consultant discovers conditions or circumstances that it did not contemplate ("Changed Conditions") at the time of this Agree- ment, it will give Client written notice of the Changed Conditions. Client and Consultant will then negotiate an appropriate amendment to this Agreement within 30 days after the notice. This includes delays beyond the control of Consultant. 8. Ownership of Hazardous Waste:, Consultant will not create or contribute to the creation or existence of hazardous waste or hazardous substances as those terms are defined under the Model Toxic Control Act, Comprehensive Environmental Response Compensation and Liability Act, and the Resource Con- servation and Recovery Act ("Hazardous Wastes"). In the performance of the services, Consultant will not assume the obligations or liability as the generator, owner, operator, or arranger for the treatment, storage or disposal of Hazardous Wastes under the Model Toxic Control Act, the Comprehensive Environ- mental Response Compensation and Liability Act, and the Resource Conservation and Recovery Act, or any other state or federal statute regulating the han- dling of Hazardous Waste. Consultant will not arrange or otherwise be responsible for the disposal of any Waste associated with the services, either directly or indirectly through its subcontractors or others. 9. Samoleg: All soil, rock, water and other samples obtained from the Project site(s) are Client's property. Unless other arrangements are mutually agreed upon in writing, or unless otherwise required, Consultant will preserve, or make arrangements to preserve, such samples for no longer than 30 calendar days following the issuance of Consultant's report to Client or the specific phase relating to the samples has been deemed as concluded by Consultant. Upon re- quest, Consultant will deliver samples to Client with shipping charges collected on delivery or Consultant will store them for Client for an agreed upon charge. 10. Biological Pollutants: Unless specifically referenced in the scope of work, Consultant's scope of work does not include the investigation or detection of the presence or absence of any Biological Pollutants. The term "Biological Pollutants" includes, but is not limited to, molds, fungi, spores, bacteria, viruses, and the byproducts of any such biological organisms. Client agrees that Consultant will have no liability for any claim regarding bodily injury or property dam- age alleged to arise from or be caused by the presence or exposure to any Biological Pollutants. Client will defend, indemnify, and hold Consultant harmless from any third -party claim for damage alleged to arise from or be caused by the presence of or exposure to any Biological Pollutants, except for damages aris- ing from or caused by Consultant's sole negligence. 11. Insurance: Consultant hereby agrees to maintain the following insurance: comprehensive general liability insurance in the amounts of $1,000,000 per oc- currence and $2,000,000 aggregate; automotive liability insurance in the amount of $1,000,000; and Workers' Compensation Coverage within statutory limits. Consultant waives subrogation against Client as to said policies. 12. Indemnity: Subject to the terms and limitations of this Agreement, Consultant will indemnify and hold harmless Client, its shareholders, officers, direc- tors, employees, and agents from and against any and all claims, suits, liabilities, damages, expenses (including without limitation reasonable attorney's fees and defense costs) and other losses (collectively "Losses") only to the extent caused by the Consultant's negligence in the performance of this Agreement. Client will indemnify and hold harmless Consultant, its subconsultants and subcontractors, and all of their respective shareholders, directors, officers, licensed professionals, employees, and agents (collectively "Consultant Entities") from and against any and all Losses except to the extent caused by the sole negli- gence of Consultant Entities. Client and Consultant intend that Consultant's services will not subject Consultant's individual employees, officers or directors to any personal liability. There- fore, and notwithstanding any other provisions of this Agreement, Client agrees as its sole and exclusive remedy to direct or assert any claim, demand or suit only against the business entity identified as "Consultant", The provisions of this Section 12 will survive the expiration or termination of this Agreement. If Consultant provides services to Client that the parties do not confirm through execution of an amendment to this Agreement, the provisions of this Section 12 will apply to such services as if the parties had executed an amendment. The parties have mutually negotiated the provisions contained in this Section and it is the intent of both parties that this section provide the broadest scope of indemnity permitted by R.C.W. 4.24.115. 13. ,imitation of Remedies: In consideration for Client obtaining a lower fee from Consultant and other valuable consideration, Client agrees that to the fullest extent permitted by law its total cumulative remedies from Consultant, its subconsultants and subcontractors, and all of their respec- tive shareholders, directors, officers, licensed professionals, employees, and agents is limited to the fee charged to Client under this Agreement or $50,000, whichever is higher, for any and all of Client's injuries, damages, claims, losses, expenses, disputes, or claimed expenses arising out of this Agreement from any cause or causes, including but not limited to, Consultant's negligence, errors, omissions, breach of contract, breach of war- ranty, strict liability, negligent misrepresentation, statutory liability, or other acts giving rise to liability based on contract, tort or statutory. Upon Client's written request, Consultant and Client may agree to increase the limitation to a greater amount or waive this provision in exchange for a negotiated increase in Consultant's fee. This provision takes precedence over any conflicting provisions of this Agreement. 14. to dard of Performance: Disclaimer of Warranties: Services provided by Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in the location of the Project. No warranty, expressed or implied, is included or intended by this Agreement. Consultant offers different levels of services to suit the desires and needs of different clients. Although the possibility of an error can never be eliminated, more detailed and extensive services yield more information and re- duce the possibility of an error, but at an increased cost. Client must determine the level of service adequate for its purposes. Client warrants it has reviewed the scope of work and has determined it does not need or want a greater level of services than is being provided. 15. Conseauential Damages Client and Consultant mutually agree to waive any and all claims for consequential damages for all claims, losses, disputes, breaches, 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 in accordance with the termination provisions in this Agreement. 16. Suspension or Termination: Client may, upon ten days written notice, suspend Consultant's services. Consultant may terminate this Agreement if Client suspends the services for more than 60 days, in which case Client shall pay Consultant for all costs of services performed to the date of termination. If Client suspends Consultant's services, or if Client or others delay Consultant's services, then Client and Consultant agree to equitably adjust the time for completion of services and Consultant's compensation for the additional labor, equipment, and other charges associated with maintaining Consultant's workforce for Cli- ent's benefit during the delay or suspension, and any charges incurred by Consultant for demobilization and subsequent remobilization. Either party may terminate this Agreement or an amendment, without cause, with ten days written notice; provided, however, Client shall pay Consultant for all cost of services performed through the date of termination. In the event Client requests termination of this Agreement prior to completion of work, Con- sultant reserves the right to complete such analyses and records as may be necessary to protect Consultant's professional reputation and to complete a re- port of work performed to -date. A termination fee to cover the costs incurred thereof—equal to as much as 10% of the charges incurred up to the termination date—may be charged at the Consultant's discretion and added to the cost of services performed through the termination date. In the event of a material breach of this Agreement, the non -breaching party may terminate this Agreement if the breaching party fails to cure the breach with- in ten days following delivery of the non -breaching party's written notice of the breach to the breaching party, The termination notice must state the basis for the termination. The Agreement may not be terminated for cause if the breaching party cures the breach within the ten-day period. 17. Construction Procedures: Consultant shall not manage or supervise construction, or implement or be responsible for health and safety procedures nor be responsible for the health and safety of persons other than its own employees or agents on or about the construction/subject site; shall not be responsible for the acts or omissions of contractors or other parties working on the Project; and shall not have control or charge of and shall not be responsible for con- struction means, methods, techniques, sequences or procedures, or for safety precautions and programs. Consultant's testing, observations, or evaluations on the Project, shall not relieve other parties from their responsibility for performing their work in accordance with applicable plans, specifications, and regula- tions. 18. Construction Costs: Statements of probable cost prepared by Consultant represent Consultant's best judgment as a design professional familiar with the industry. It is recognized, however, that neither Consultant nor Client has control over the cost of labor, materials or equipment, over other contractors' meth- ods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, Consultant cannot and does not warrant or represent that proposals, bids, or actual costs will not vary from statement of probable costs or evaluations prepared by Consultant. 19. Ownership and Use of Documents: The statements, conclusions, and recommendations provided by Consultant are to be exclusively used within the context of the Project. They will be based upon generally accepted geotechnical practices and will be the result of analysis by the Consultant. The project re- port, and its attachments, will be for the exclusive use of Client. Unless specifically stated elsewhere in this Agreement, no warranty, expressed or implied, will be made. All documents and information prepared by Consultant, (collectively known as "Documents"), but not including Samples, will remain the property of Consult- ant. Consultant has sole discretion to dispose of or retain Documents, provided Consultant will retain pertinent summaries and reports relating to services per- formed for Client under this Agreement for five years following submission of Consultant's report. During this five-year period, copies of said summaries or reports will be available to Client for the reasonable cost of their reproduction and delivery. Consultant retains the right to use Documents for any purpose. All Documents prepared by Consultant are solely for use by Client and will not be provided by either party to any other person or entity without Consultant's prior written consent and receipt of additional compensation. Client has the right to reuse the Documents for purposes reasonably connected with the Project. However, any reuse, or adaptation for other than the specific purpose intended. by Client, or any party obtaining Documents through Client, without written verification by Consultant will be at Client's sole risk and without liability to Consultant. Client agrees to defend, indemnify and hold harmless Consultant, its officers, employees and shareholders from and against all claims, damages, losses and expenses, including attorney's fees, arising from any person or entity claiming to rely upon information or opinions contained in Documents without first having obtained Consultant's prior written consent. 20. Dispute Resolution: If a dispute arises out of or relates to this Agreement, or the breach thereof, and the dispute cannot be settled through negotiation, Consultant may compel the parties to participate in a mediation administered by the American Arbitration Association under its Construction Industry Media- tion Procedures. If mediation is not successful, Consultant may compel any matter to arbitration by filing and serving a written notice of arbitration on all of the parties no later than ninety days after the later of filing and service of the complaint or the conclusion of the mediation. The arbitration shall be administered by the American Arbitration Association under its Construction Industry Arbitration Rules, and judgment on the award rendered by the arbitratorls) may be en- tered in any court having jurisdiction. 21. Governing Law; This Agreement shall be governed by the laws of the State of Washington and venue shall be in Pierce County, Washington. 22. Precedence: This Agreement takes precedence over any inconsistent or contradictory provisions contained in any Exhibits to this Agreement, or any pro- posal, purchase order, requisition, notice to proceed, or other document regarding Consultant's services. Robinson Noble, Inc. Page 2 of 2 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 17-068(c) CONTRACT FOR SERVICES Amendment No. 3 Between the City of Tukwila and Weinstein AU, LLC. That portion of Contract No. 17-068 between the City of Tukwila and Weinstein AU, LLC. is hereby amended as follows: Section 1 Project Designation: The Consultant is retained by the City to perform Architectural Design and Planning services in connection with the project titled Tukwila Public Safety Plan, Fire Station 52 site. Section 2 Scope of Services: The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. Section 3 Duration of Agreement: Time for Performance: This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2021, 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 duration of the contract is now through December 31, 2021, unless modified by supplemental agreement. Section 4 Payment: The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: Payment for the work provided by the Consultant shall be made as provided on Exhibit "A" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $2,889,666 (including estimated expenses) without express written modification of the Agreement signed by the City. The total amount for this amendment is $20,950. ($5,780 + $15,170). All other provisions of the contract shall remain in full force and effect. Dated this CITY OF day of (�a'. , 2019 Allan Ekberg, Mayo ATTEST/AUTHENTICATE D Christ O'Flaherty, MMC, City Cie CA Revised December 2016 WEINSTEIN AU, LLC By: ,S -174, - Printed Printed Name: EA W.1 V? We) vis±l M Title: M0 V}t7,17" APPROVED AS TO FORM Office of the City Attorney/ Page 1 of 1 EXHIBIT A T CT i 1- [..1'.7,A : DESIGNERS February 14, 2019 Justine Kim Shiels Obletz Johnsen 101 Yesler Way, Suite 606 Seattle, WA 98104 RE: Tukwila Fire Station 52 -Driveway Design Dear Justine: Additional Services Request 21 requests additional fees for the supplementary analysis required by the Tukwila Fire Department for the design of the driveway at the new Fire Station 52. Our civil engineering consultant, LPD Engineering, PLLC, collected data, attended meetings, produced exhibits and will produce an engineering report describing the final driveway design and design process, all at the request of the Tukwila Fire Department, and above and beyond their contracted scope of services. That work was approved by SOJ via email on 1/23/19 and has been ongoing in order to meet the tight schedule for this project. For a detailed description of the work provided thus far and that yet to be completed, please refer to LPD's Additional Services Agreement #2, dated February 7, 2019, and attached to this letter. Weinstein A+U's fee covers coordination between LPD and the City of Tukwila via phone, email and two extra meetings at the City's offices. Fee requested for the above services is as follows: Task Description Additional Service 21 10% Markups AS21 subtotals LPD Civil Engineering $12,700.00 $1,270.00 $13,970.00 Weinstein A&U Total Architectural $1,200.00 1 $0 I $1,200.00 $13,900.00 $1,270.00 $15,170.00 While LPD has already been released to proceed with this work, please provide formal acceptance of this proposal at your earliest convenience. Sincerely, Emma Nowinski, AIA ..,4812' F 206 443 1218 P D a Proposal for Additional Civil Engineering Services Additional Services Agreement (ASA #2) Date: February 7, 2019 1 To: Weinstein A+U 2200 Western Avenue, Suite 301 Seattle, WA 98121 Attn: Emma Nowinski, AIA, Project Manager From: Marc Servizi, PE 1 Laurie J. Pfarr, PE, Principal Project: Tukwila Fire Station 52 - Driveway Design (ASA#2) EXHIBIT 1932 First Avenue, Suite 201 Seattle, Washington 98101 P. 206.725.121 I F. 206.973.5344 Ipdengineering.com Thank you for the opportunity to provide this additional services proposal, which is an amendment to our original contract dated April 19, 2017 and revised Proposal for Civil Engineering Services dated June 26, 2018. This proposal is to confirm our understanding of the additional scope of services and compensation for this project. We look forward to continued work with you on this project. Description of Additional Services This proposal is for additional civil engineering services associated with the design of the driveway approach for Fire Station #52 in Tukwila, Washington. LPD Engineering's civil scope of work for this project, as outlined in our original contract, encompassed the preparation of SD, DD and civil permit and construction drawings. The City's Fire Department has requested a supplementary component of civil work for the project involving the additional services, as listed herein. This requested civil work requires additional coordination, meetings, site visits, research and preparation of an Engineering Report, all of which are outside of the originally approved project scope. Therefore, an amended scope of services and corresponding fee for this supplementary work are provided below. Additional Scope of Services This additional services proposal is for the scope of work outlined below. Driveway Desi n_,(SD) 1. Design and Coordination - Work Completed a) In December 2018, and at the request of TFD, LPD prepared plans that included horizontal turning movements, a proposed road profile, curb profile, and vertical analysis of the fire trucks along the incoming route that was submitted to the City of Tukwila. b) LPD attended two (2) additional meetings on January 17 and January 24, 2019, which included a site exploration with TFD staff and preparation of field reports. c) LPD conducted research, provided coordination and prepared a revised driveway profile based on input from TFD. 2ng n gp1:111Ic I H IT February 7, 2019 Proposal for Additional Civil Engineering Services Fire Station 52 (ASA #2) Page 2 d) LPD prepared changes to the SD plans that reflect new vertical driveway alignment. 2. Enaineeriil>? Re„port for Fire Department access road, as requested and as scoped by TFD m„ m a) Analysis to include both new and old ladder trucks (Truck standards including dimensions/turning radius/clearances to be provided by others) b) Note minimum distances from road to lowest point of ladder truck as well as from the road to front and back of apparatus for both ladder trucks. c) Prepare a narrative describing truck clearances of both ladder trucks. d) Show that all approaches and turns were evaluated from 65th to the fire department access road and from the fire department access road to 65th Based upon the provided truckstandards and utilizing Autodesk Vehicle tracking, show that both ladder trucks can navigate the alignment. This will include four turning movements with tracking shown for inside wheel for two vehicles, which results in 8 profiles. e) Update plans with new proposed centerline design for the driveway utilizing King County standards for arterial road intersection approach. f) Evaluate the effect of the revised longitudinal slope has on the site, the Cowlitz driveway, excavation and retaining walls due to expanding the vertical curve. g) Provide PE stamped engineering report. 3. Follow-up Coordination a) Follow up coordination with TFD after issuance of the report. We have assumed approximately eight (8) hours for the follow up coordination effort. Proposed Fee for Additional Services Our anticipated fee for services is based upon the information that we have at this time. We propose to provide civil engineering consulting and drafting services on a lump sum basis. Our anticipated maximum fee for this additional work is as follows. MMditw«to I Task Dein rablle Lump Sum Fee Desi,'' and Coordination Engineering Report Follow-up Total Additional Compensation $5,420 $5,970 310 $12,700 Assumptions ■ Unless otherwise noted, the same assumptions and exclusions from our Original Contract dated April 19, 2017 and revised Proposal for Civil Engineering Services dated June 26, 2018, apply. engine IfIC' plIc [ - 3t February 7, 2019 Proposal for Additional Civil Engineering Services Fire Station 52 (ASA #2) Page 3 Thank you again for inviting this proposal. Please notify us if you have any concerns or disagree with any of the scope, terms, or conditions. We request that you sign and return a copy of this document to confirm that you have read and agree with the content of this additional services agreement. This proposal constitutes the entire agreement for ASA #2 between the client and LPD Engineering and supersedes any prior understanding or representation of any kind preceding the date of this proposal. This proposal will serve as an amendment to our original Contract dated April 19, 2017 and revised Proposal for Civil Engineering Services dated June 26, 2018 with Weinstein A+U. We look forward to continuing our work with you on this project. Sincerely, LPD Engineering PLLC Laurie J. Pfarr, P.E. Principal ( Owner For Weinstein A+U Date Marc Servizi, PE Printed Name Sr Project Manager Senior Civil Engineer cc: File EXHIBIT A ARCHITECTS March 4, 2019 r11 r � ± U SARA DESIGNERS Justine Kim Shiels I Obletz I Johnsen 101 Yesler Way, Suite 606 Seattle, WA 98104 RE: Tukwila Fire Stations —F552 Acoustical Analysis Dear Justine: Additional Services Request 23 requests additional fee to cover the cost of the acoustical analysis required by the City of Tukwila Department of Community Development as part of the FS52 Conditional Use Permit application. WAU has enlisted the Greenbusch Group to produce an acoustical report predicting the sound levels of all exterior mechanical equipment on the FS52 site as they reach the property lines. Please refer to the attached Greenbusch proposal for more detail on the scope of services. WAU fees include coordination of Greenbusch's work. Fee requested for the above services is as follows: Task Description Greenbusch Acoustical Consultant Additional Service 23 10% Markups AS 23 subtotals Weinstein A&U Architectural Total $4,800.00 $480.00 $5,280.00 $500.00 $0 $500.00 $5,300.00 $480.00 $5,780.00 As this report will be submitted as part of the CUP for FS52, which has a critical review timeline, we will be releasing Greenbusch to proceed with this work immediately. Please provide written confirmation that these fees are acceptable at your earliest convenience. We understand from previous discussions with the team that the costs incurred for this Additional Service will be included in our upcoming contract revision. Sincerely, Emma Nowinski, AIA 6 0 206 443 1218 E GREENBUSCH March 1, 2019 Emma Nowinski, AIA LEED AP Weinstein A+U 121 Stewart Street, Suite 200 Seattle, Washington 98101 Re: New Tukwila Fire Station Building — Fire Station 52 Acoustical Consulting Services Dear Emma; Thanks very much for thinking of us to expand our contributions to the design of the new Tukwila Fire Station 52 Project. We are very pleased to have this opportunity to collaborate with you again on another important project. SCOPE OF WORK The following proposal is for a scope of services to conduct an acoustical review of off-site noise levels from proposed exterior mechanical equipment. Acoustical review of any other portion of the project is specifically excluded, including but not limited to interior sound levels from mechanical equipment. We propose to perform the following work: 1. Utilize current mechanical plans and basis of design equipment selections to predict sound levels at adjacent property boundaries. 2. Develop noise control recommendations if predicted levels exceed regulatory limits (City of Tukwila). 3. Author a draft and final report documenting our analysis for submission to the City of Tukwila. FEE The estimated fee for the work described above is $4,800, billed on a fixed -fee basis. Any work performed in addition to the services described above will be invoiced on an hourly basis at the following rates for our staff as applicable: Principal, $210 per hour, Acousticians $75 - $120 per hour. This fee estimate is based on linear design schedules. Significant delays or interruptions will result in additional design cost and requests for additional services. Services will be provided in accordance with our existing contract on this project for mechanical engineering services. Sincerely; The Greenbusch Group, Inc. Adam C. Jenkins, PE Principal p) 206.378.0569 toll free: 855.476.2874 1900 W. Nickerson St., Suite 201 Seattle, WA 98119 f) 206.378.0641 www.greenbusch.com 209 Oxford Road Franklin, OH 45005 17-068 (b) Council Approval 12/10/18 SECOND AMENDMENT TO CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIGN AND PLANNING SERVICES FOR TUKWILA FIRE STATIONS 51, 52, AND 54 PROJECT This Second Amendment (the "Second Amendment"), effective as of DiccmbtrIP)201 8 (the "Effective Date"), is entered into by and between CITY OF TUKWILA, WASHINGTON ("City"), and WEINSTEIN AU, LLC ("Architect"). This Second Amendment is an addition to and modifies the Consultant Agreement for Architectural Design and Planning Services between the parties dated April 19, 2017 (the "Agreement"). This Second Amendment incorporates the contractual obligations outlined in the Agreement, and modifies the Agreement as stated below. Unless defined differently herein, all capitalized terms in this Second Amendment have the same meaning as in the Agreement. Now for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Basis for Amendment. The original compensation for the Architect in the Agreement was based on the construction costs for three fire stations and calculated with Washington State's A/E Fee guidelines. The First Amendment deleted one fire station (Fire Station 54) from the Agreement, but increased the compensation amount due to increased project costs on the remaining two fire stations (Fire Station 51 and Fire Station 52) and additional services requested by the City. This Second Amendment increases the compensation for the Architect according to Washington State's A/E Fee guidelines because of increased project construction costs and identifies the fees the City had incurred for Fire Station 54. This Second Amendment also increases the compensation for the following additional services approved by the City: AS13a FS51: Southcenter Pkwy Redesign Scope Adjustment $6,079 AS16 FS54: Rehab Concept Scope Development $1,563 AS17 FS52: Drive -Through Added Drilling $10,120 AS18a FS51: Additional Civil Scope $12,760 AS18b FS52: Additional Civil Scope $16,500 AS20 FS51: Site Alternates Documentation Fees $37,360 Second Amendment Additional Services $84,382 2. Compensation. Architect's compensation for the Project shall be increased by a net total of Three Hundred Eighty -Three Thousand Four Hundred Sixty -Two Dollars ($383,462). Accordingly, Architect's total compensation for the Project will not exceed Two Million Eight Hundred Sixty -Eight Seven Hundred Sixteen Dollars (S2,868,716), as further described in the A/E Fee Reconciliation Summary dated November 26, 2018, which is attached as Exhibit A and incorporated by this reference. All provisions of the Agreement referring to Architect's compensation, including Exhibit B Article 11, shall be revised accordingly. AET1822272.DOC;2/05720.000001/ ) 1 15 1 A The Table of Fees on Page 5 of the Agreement shall be revised to read: FS 51 Design and Construction $1,027,750 FS 52 Design and Construction $1,370,308 Subtotal $2,398,058 First Amendment Additional Services $148,051 Second Amendment Additional Services $84,382 Subtotal $232,433 Programming Phase (completed) $155,116 Site Selection (completed) $83,109 Subtotal $238,225 Total Fee $2,868,716 3. All other terms and conditions of the Agreement remain unchanged and are hereby ratified and confirmed. IN WITNESS WHEREOF, the Parties have executed this Second Amendment as shown below. CITY 0 UKW Al an e g ayor Attest/Authenticated: FY_ City erk, ris y O'Flaherty {AET1822272.DOC;2/05720.000001/ ) 2 WEINSTEIN AU, LLC By: OeVAA 14/4/1s_ (Signature) Printed Name: E..04 W4 al 144'f'111,-Sfr-liA Title: /vIAA 60411W Exhibit A Please see the attached A/E Reconciliation Summary, dated November 26, 2018 AET1822272.DOC2/05720 000001/ ) 3 17 TUKWILA FIRE STATIONS Weinstein A+U FS51 Additional Services Summary, Amendment #2 11/26/18 Basic Fee Change Fee Increase per MACC $105,318 Reduced CA Fee -$10,000 $95,318 AS13a FS51: Southcenter Pkwy Redesign WHPacific $5,526 Scope Adjustment WAU Mark-up $553 TOTAL $6,079 AS16 FS54 Rehab Concept Scope Development K. Wild, 12.5hrs $1,563 TOTAL $1,563 AS18a FS51 Additional Civil Scope LPD $11,600 WAU Mark-up $1,160 TOTAL $12,760 AS20 FS51 Site Alternates Documentation Fees LPD $19,800 Swift $14,164 WAU Mark-up $3,396 TOTAL $37,360 TOTAL $153,080 19 TUKWILA FIRE STATIONS Weinstein A+U FS52 Additional Services Summary, Amendment #2 11/26/18 FS52 MACC Calculation (per Lydig conceptual estimate of 8/23/18) Total cost of work $8,996,885 Admin Build -out $450,000 -27% for CA phase -$121,500 TOTAL $9,325,385 Sub bonds 1,50% $139,881 SUBTOTAL $9,465,266 Design Contingency 10.00% $946,527 SUBTOTAL $10,411,792 L&M Escalation - January 2020 $460,310 L&M Escalation - Early Start July 2019 $154,971 SUBTOTAL $11,027,073 CM Contingency 3.00% $330,812 Neg. Support Services $300,000 MACC TOTAL $11,657,886 Basic Fee Change Fee Increase per MACC $213,762 Reduced CA Fee -$10,000 $203,762 AS17 FS52 Drive -Through Added Drilling Hart Crowser $9,200 WAU Mark-up $920 TOTAL $10,120 AS18b FS52 Additional Civil Scope LPD $15,000 WAU Mark-up $1,500 TOTAL $16,500 TOTAL $230,382 20 Weinstein A+U November 26,2018 L4 LO. o 0 0 01 In N' MI oa 00 01 tr.) 00 14 cu .5 01 • g; E u. 1) CO • trj Q' a 8 0 co <:4) al15 P,) Assumes a 15 Month Construction c7J. (r3 0 44,14, c • g 2 - cor-- g E + 0 Is • ..t 0) 00010010 00 CD 2 - 0 N .71 §ID LC1 CV CO of 400 g 4 •-„i 0) 40 h ONO 04 CP 0 4- N <0 in 0 0 0 0) 10 CD 0) 04 10 40 14)14) 69 V/ (0 CO 01 0 0 CO 01 00 CO CV CV 00 h 10 10 CO r) CO 10 0 0. 1.^: 0) 40 Cti 00 0 CO 0 0 404C)V10N N 00 (0 N h . . COMPLETE 4/0 cope per tate Fee chedu e uide ines 40 01 „5; C 01 0 )0 0, r- Li) 0N CO 0 O CV 0 ,-(0 (0 0 1`,. 0 (0' 0) 0 tC) CO r, <1, 10 0 44> ca, N CO ((0 4 cri c o t 215 „G 04 01) C c E 01 E a 0 c`i; 5— oLL E .e 5 2 1..7. -55 a, '5 CS SI( 01 g Lt. •*. z 2 3 0 E co cGO 44400 00 Irc • cn co to (4 TFS_MainContractFeeRevislon November18 FINAL 21 Weinstein A+U FS52 Fee Calculation November 26, 2018 Amendment #2 N. 60 0 00 cr, CP CO000 60 0 00 sr 0'- 00000 00 co 00600 8 4 0 CO - 0 CO 00 $ C,3 S. 0 0 CD cn o 00 0 0 CV c- 0 CO 0 0 GO 1 '.. .,.- 0 0., .- 0 00 c‘ ,-. 06.- 00 o 1 ..-- 0 O't �,-- IS g c6 <,... — c, (6, m 060, 0 0 1,-. oirs. . E •,;.: o o. C,/ LO t^.I P...., r- .a. E 0).- ('0r.:: csi , .4 N 0) 06 c- 01 t,'. E -a 4 .z,,4 '° -• ..° o + c o .0 CP 0 (0) CO . CO C 0 0 GO N Os E. 171 N ,- c,:i .- 13 0 13 O z . ,,,,,, Qr . 0 tn cn co 0 - 16 N 00E 2 = N r) ..- , r.) OA N' 0 th' It 5 0 0 , ...:, 0 c — "cr 0 v.) c.) o o 00 .9 5 O.1P- 0 0 0 .- to , a) I': c- L- 0 1.6 04 N Cc 0 E oLl C.1 C3 O. n h., (NI .- 0 Irl, > a, 0 -.1,,1 0 00) c, E co co 13) 0 .0 0 CA Percent Fee 74) 00 S 00 00 0) 00 .c GO GO LL GO 00 (0) GO a. 0)0 0. 0 CC on t,r; 4 GO ID CI Weinstein 0 0 0 CP ,4 00000 ,t; N 00 oo 00 a) 0140 0.00 17, 8 tkliff4444:11T•lfi 00(6 00) 0,- 0. ei CO 0 c67- ious Basic Fe 0 Printed: 11/26/2018 TFS_MainContractFeeRevision November18 FINAL 17-068(a) Council Approval 8/6/18 FIRST AMENDMENT TO CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIGN AND PLANNING SERVICES FOR TUKWILA FIRE STATIONS 51, 52, AND 54 PROJECT This First Amendment (the "First Amendment"), effective as of iv I 31, 2018 (the "Effective Date"), is entered into by and between CITY OF TUKWILA, WASHINGTON ("City"), and WEINSTEIN AU, LLC ("Architect"). This First Amendment is an addition to and modifies the Consultant Agreement for Architectural Design and Planning Services between the parties dated April 19, 2017 (the "Agreement"). This First Amendment incorporates the contractual obligations outlined in the Agreement, and modifies the Agreement as stated below. Unless defined differently herein, all capitalized terms in this First Amendment have the same meaning as in the Agreement. Now for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Deletion of Fire Station 54. The City is not pursuing the design and construction of Fire Station 54 through the Agreement. Accordingly, all references to Fire Station 54 in the Agreement are deleted, and Architect will render no further services, and the City shall make no further payments, for Fire Station 54. The scheduling of services for Fire Stations 51 and 52 shall remain as described in Exhibit A, Section A.1.4, except that only Fire Station 52 will follow the completion of the Design Phase of Fire Station 51 (i.e., the Design and Construction of Fire Station 52 will no longer proceed simultaneously with Fire Station 54). 2. Compensation. Architect's compensation for the Project shall be increased by a net total of Three Hundred Ninety -Five Thousand Five Hundred Thirty -Seven Dollars ($395,537). Accordingly, Architect's total compensation for the Project will not exceed Two Million Four Hundred Eighty -Five Thousand Two Hundred Fifty -Four Dollars ($2,485,254), as further described in the A/E Fee Reconciliation Summary dated July 9, 2018, which is attached as Exhibit A and incorporated by this reference. All provisions of the Agreement referring to Architect's compensation, including Exhibit B Article 11, shall be revised accordingly. The Table of Fees on Page 5 of the Agreement shall be revised to read: FS 51 Design and Construction $932,435 FS 52 Design and Construction $1,166,546 Subtotal $2,098,989 Additional Services, both stations (ASO 1- $148,051 11, AS13) Subtotal $148,051 Programming Phase (completed) $155,116 Site Selection (completed) $83,109 Subtotal $238,225 Total Fee {AET1755447.DOC;1/05720.000001/ } $2,485,254 3. All other terms and conditions of the Agreement remain unchanged and are hereby ratified and confirmed. IN WITNESS WHEREOF, the Parties have executed this First Amendment as shown below. CITY OF TUKW LA WEINSTEIN AU, LLC 04 A 10 Al .1.1r srg, Mayoi" (L Attest/Authenti g Attest/Authenti ated: {AET1755447.DOC;1/05720.000001/ } 2 By: OA WrilAA-Ctr/0 (Signature) • Printed Name: EA We)1014 fr4 Title: M 4 Approved as to Form: Of ce of the City Attorney Exhibit A Please see the attached A/E Reconciliation Summary, dated July 9, 2018 AET1755447.DOC;1/05720.000001/ WEINSTEINA+U ARCHITECTS + URBAN DESIGNERS TUKWILA FIRE STATIONS A/E Fee Reconciliation Summary 7/9/18 Programming $155,116 Site Selection $98,150 Fee Required: WAU $16,390 LPD $6,600 Swift $2,572 Hart Crowser $50,000 TCA $0 Robinson $0 WAU Mark-up $5,917 Reimbursables $1,630 TOTAL $83,109 FS54 CREDIT -$15,041 ASO1 City Council Presentations $3,902 AS02 Sustainabillty Memo $9,609 AS03 Additional Meetings (to date) $17,962 ASO4 Cost Review Support $3,763 ASO5 JC Massing + Site $4,845 AS06 JC City Hall Test Fit $4,590 AS07 Preliminary Slte Vetting $6,143 AS08 GC/CM Coordination (to date) $43,021 AS09 Preliminary Signalization $5,208 AS10 FS54 Legacy Trees $1,980 AS11 Add'I Civil Site Support $7,117 AS12 F552 Additional Site Analysis Included w/ Site Selection AS13 Southcenter Pkwy Redesign $39,911 FS51 Design and Construction $932,433 FS52 Design and Construction $1,166,546 TOTAL New Contract Amount Current Contract Amount Delta 7200 Western Avenue SLJOA 98121-1921 WeinsteinA4,1,rom I 706 443 8601 1 206 443 1218 $2,485, 254 $2,089,717 ;395,537 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 17-068 Council Approval 4/17/17 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. 1. 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. 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: 1. 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 Tess 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. CA revised : 1-2013 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 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 Table of Fees — See Exhibit B, Article 11. Compensation FS 51 Basic Services FS 51 Additional Services FS 51 subtotal FS 52 / 54 Basic Services FS 52/ 54 Additional Services FS 52 / 54 subtotal $590,100 $280,186 $870,286 $615,520 $350,645 $966,165 Programming Phase $155,116 Site Selection Test to Fit Studies $98,150 Subtotal $253,266 Total Fee DATED this t _93 IA day of CITY OF TUKWILA $2,089,717 i id AIIah Ekerg, Mayor Attest/Authenticated: City T'' , Christ O'' aherty CA revised : 1-2013 , 20 11 . CONSULTANT Printed Name: al w1 vA Title: l " i R 11 ti."(A Approved as to Form: Page 5 Init. tgAIA••Document B101TM - 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 statement such as "not applicable," "unknown at time .of execution" or "to be determined later by mutual agreement. '2, ARTICLE A.1 PROJECT INFORMATION § A.1.1 the Owner's program for the Project: Udell* 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 180th 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 8101 TM - 2007 Exhibit A. 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 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) 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. § A.1.4 The Owner's other anticipated scheduling information, if any, not provided in Section 1.2: 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. § A.1.5 The Owner intends the following procurement or delivery method for the Project: (Identify method such as competitive bid, negotiated contract, or construction management.) Construction Management § A.1.6 Other Project information: (Identify special characteristics or needs of the Project not provided elsewhere, such as environmentally responsible design or historic preservation requirements.) N/A ARTICLE A.2 PROJECT TEAM § A.2.1 The Owner identifies the following representative in accordance with Section 5.3: (List name, address and other information.) Justine Kim, AIA Shiels Obletz Johnson 800 Fifth Avenue, Suite 4130 Seattle, Washington 98104 Telephone Number: (206) 838-3700 § A.2.2 The persons or entities, in addition to the Owner's representative, who are required to review the Architect's submittals to the Owner are as follows: (List name, address and other information.) To Be Determined § A.2.3 The Owner will retain the following consultants and contractors: (List discipline and, if known, idents them by name and address.) To Be Determined § A.2.4 The Architect identifies the following representative in accordance with Section 2.3: (List name, address and other information.) Emma Nowinski, AIA Weinstein AU, LLC dba: Weinstein A+U Architects + Urban Designers LLC 2200 Western Avenue Suite 301 Seattle, Washington 98121 Init. AIA Document 8101T" — 2007 Exhibit A. 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 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) { 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, idents 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 r % /• The Greenbusch Group, Inc: / 1900 West Nickerson St. 1 / / fSuite 201,/ /' ,� / Seattle, Washington 98119 `r,, !Telephone Number: 206-378-0569 / . r ' i .3 Electrical Engineer '. �j Travis Fitzmaurice & Associates 1200 Westlake Avenue North Suite 509 ` ) --,Seattle, Washington 98109- Telephone Number 206-285-7228 / / f--- `--Fax Number: 206-285-72.94 C — m L r� _ § A.2.5.2 Consultants retained under` Additional Services: �\ ,r > , L .1 �, Fire Station. Specialist Architect t/ J Init. _ TCA Arcliitecture ..J 6211 Roosevelt Way NE Seattle, Washington 98115 Te hone Number: (206) 522-3830 r.2 \ Civil Engineer LPD Engineering - • - -,1932 1st 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 al 01TM — 2007 Exhibit A. 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 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) Init. t 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 Geotechnical Engineer Hart Crowser, Inc. 3131 Elliott Avenue, Suite 600 Seattle, Washington 98121 Telephone Number: (206) 328-5581 § A.2.6 Other Initial Information on which the Agreement is based: (Provide other Initial Information.) 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. AIA Document B101" - 2007 Exhibit A. 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 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) Init. *AIA TM� Document B101" 2007 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 Southcenter 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" - 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 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 15:38:24 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) Init. 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 A INITIAL INFORMATION ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Article 1 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 of the Project's site and program, Owner's contractors and consultants, Architect's consultants, Owner's budget for the Cost of the Work, authorized representatives, anticipated procurement method and other information relevant to the Project.) Refer to Exhibit A: B101-2007 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 B151711— 1 997). 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 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 15:38:24 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) Init. § 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 81017" — 2007 (formerly 8151 TTM -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 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 15:38:24 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) Init. 1 § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget 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 inconsistencies discovered in the information, and (2) other information or consulting services that may be 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 of incorporating environmentally responsible design approaches. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2.4 Based on 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 on 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 program, 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. § 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 as an Additional Service outlined in Section 4.1.11. § 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 of the 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 of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and such other elements as may be appropriate. 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 of the Cost of the Work as an Additional Service per Section 4.1.11. § 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. § 3.4 CONSTRUCTION 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 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 and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that in order to construct the Work the Contractor AIA Document B101114 — 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 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 15:38:24 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) Init. 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 8101 M - 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 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 15:38:24 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) Init. § 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 on the date the Architect issues the final Certificate for Payment. § 3.6.2 EVALUATIONS OF THE WORK § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of 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 or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the 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 of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to 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 or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201-2007, the Architect shall render initial decisions on Claims between the Owner and Contractor as 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 (1) made exhaustive or continuous or any on-site inspections to check the quality or 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 of the Contract Sum. AIA Document B101 T" 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 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 15:38:24 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) Init. § 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 In 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 B101"" — 2007 (formerly B151 T" 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 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 15:38:24 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) Init. § 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 Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents. § 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Additional Services only if specifically designated in the table below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. (Designate the Additional Services the Architect shall provide in the second column of the table below. In the third column indicate whether the service description is located in Section 4.2 or in an attached exhibit. If in an exhibit, ident, the exhibit.) 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 identified 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 (E202TM-2008) 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 (B210TM-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 (B2O6TM 2007) Not Provided § 4.1.22 Commissioning (B211TM-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 § 4.1.26 Historic Preservation (B205TM-2007) Not Provided § 4.1.27 Furniture, Furnishings, and Equipment Design (B253TM-2007) Not Provided § 4.1.28 Alerting and Paging Systems Design Architect Section 4.2.28 AIA Document B101 T"' - 2007 (fomierly 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 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 15:38:24 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) Init. § 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 in Section 4.1 as the Architect's responsibility, if not further described in an exhibit attached to this document. § 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 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 condition's. 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 inform 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 or negotiation process occurring prior to the start of construction. § 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, lighting 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; test borings, determinations of soil 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 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. AIA Document 8101'"' — 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 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 15:38:24 on 03/24/2017 under Order No. 1 01 1 297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) Init. § 4.3.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the Owner's request for extensive environmentally responsible design alternatives, such as unique system designs, in-depth material research, energy modeling, or LEEDS certification; .3 Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision of codes, laws or regulations or official 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; .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for, and attendance at, a public presentation, meeting or hearing; .8 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .9 Evaluation of the qualifications of bidders or persons providing proposals; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or .11 Assistance to the Initial Decision Maker, if other than the Architect. § 4.3.2 To 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 to the need. If the 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 to by the Architect; .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, or prior Project correspondence or 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 an extensive number of Claims as the Initial Decision Maker; .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom; or .6 To the extent the Architect's Basic Services are affected, providing Construction Phase Services 60 days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial Completion identified in Initial Information, whichever is earlier. § 4.3.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional 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 similarsubmittal 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 51, Sixty-nine ( 69 ) visits to the site by the Architect over the duration of the Project 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 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 AIA Document B101 T"' - 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 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 15:38:24 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) Init. § 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. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. 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. § 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 in 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 a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, 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 in this Agreement, or authorize the Architect to furnish them as an 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 as 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 in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. § 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 in this Agreement. AIA Document 8101 T" — 2007 (formerly 8151 T"^ -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 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 15:38:24 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) Init. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.12 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 the 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 the land, rights-of-way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted 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 by the Architect, represent the Architect's judgment as a design professional. It is 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 of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. The Architect shall provide such services as an Additional 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 to reflect changes in the general level of prices in the applicable construction market. § 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. § 6.6 If the Owner's budget for the Cost of the 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 in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 9.5; .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 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. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or 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 on the Project. If the Owner and Architect intend to transmit Instruments of AIA Document B101"' — 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 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 15:38:24 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) Init. Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or 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 a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering 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 as provided in Section 9.4, the license granted in this 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 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. § 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 to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 GENERAL § 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 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 or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien 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 AIA® 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 15:38:24 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) Init. arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in 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 mediation 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 of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box. If the Owner and Architect do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction.) [ X ] Arbitration pursuant to Section 8.3 of this Agreement [ ] Litigation in a court of competent jurisdiction [ ] Other (Specify) § 8.3 ARBITRATION § 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 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. § 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a 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 of legal or equitable proceedings based on the claim, dispute or other matter in question. § 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 in any court having jurisdiction thereof. § 8.3.4 NO CONSOLIDATION OR JOINDER § 8.3.4.1 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 AIA Document B1017" — 2007 (formerly 8151 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. 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 15:38:24 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) Init. 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. (Paragraphs 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 6151 ' —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 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 15:38:24 on 03/24/2017 under Order No. 1 01 1 297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) Init. 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 the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2007, General 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 the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 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 at 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. § 10.8 If the 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 on the use of confidential information. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation.) 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. § 11.2 For Additional Services designated in Section 4.1, the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) For the Programming and Site Selection Phases: Two Hundred and Fifty-three Thousand and Two Hundred and Sixty-six dollars ($253,266.00). AIA Document B101"' — 2007 (formerly 8151 T"' —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 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 15:38:24 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) Init. For Fire Station 51: 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 (2%) of the total fee amount plus a Ten 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 ($19,996.00), or Two Percent (2%) of the total fee amount plus a Ten Percent (10%) mark-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 or basis for, compensation.) 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 11.3, shall be the amount invoiced to the Architect plus Ten percent ( 10 %), or as otherwise stated below: § 11.5 Whe're compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work, / the compensation for each phase of services shall be as follows: 'Schematic Design Phase Design Development Phase Construction Documents Phase ' Bidding or Negotiation Phase Construction Phase' Close-out Eighteen Twenty-five Twenty-six Two Twenty-seven Two percent ( percent ( percent ( percent ( percent ( 18 %) 25 %) 26 %) 2 %) 27 %) 2 Total Basic Compensation /' one hundred percent ( 100 %) § 11.6 When compensation is based on a percentage of the Cost of the Work and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 11.5 based on (1) the lowest 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'of the Project. The Architect shall be entitled to compensation in accordance witlithis Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants, if any, are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. / _ r (If applicable,. attach" an exhibit of hourly billing rates or insert them below.) Employee or Category Architect: Design Principal, 2017 -Architect: Quality Control Principal, 2017 Architect: Project Manager, 2017 Architect: Project Architect, 2017 Architect: Design Staff, 2017 Architect: Administrative Staff, 2017 Rate 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 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 out-of-town travel and subsistence; 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 AIA® 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 15:38:24 on 03/24/2017 under Order No. 1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) Init. .2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; .6 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; .8 Architect's Consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and .11 Other similar Project -related expenditures. § 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 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 7.3.1. § 11.10 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 ( 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. (Insert rate of monthly or annual interest agreed upon.) 12 % per annum § 11.10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on 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 as follows: § 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 omissions, professional malpractice, indemnity, contribution, breach of contract, breach of expressed 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. AIA Document 8101 T1 - 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 AIA5 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) 6 13.2 This Agreement is comprised of the following documents listed below: .1 AIA Document B101TM-2007, Standard Form Agreement Between Owner and Architect .2 [Not used] Other documents: (List other documents, if any, including Exhibit A, Initial Information, and additional scopes of service, if any, forming part of the Agreement.) Exhibit A: B101-2007 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 , , 1 ignat !1411 EKbe (Printed name a d ti J `J� Init. ' J ARCHITECT GiAl\c?/.11 lArr4/VSJ/N/' (Sig ture) 1`(71W " O►'' ±`'/' (Printevci name and title) AIA Document B101 TM - 2007 (formerly B1517" —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 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 15:38:24 on 03/24/2017 under Order No. 1 01 1 297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) Init. t1AIADocument B202TM - 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 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 . TABLE OF ARTICLES 1 INITIAL INFORMATION 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: B101-2007 Ex. A' for Initial Information 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 AIA Document G802T"'-2007, Amendment to the Professional Services Agreement, to create a modification to any owner -architect agreement. AIA Document B202TM — 2009. Copyright © 2009 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 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) Init. ARTICLE 2 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 the Architect and the Architect's consultants with those services provided by the Owner and the Owner's consultants. § 2.1.2 The Architect shall confirm the scope and intent of the anticipated Project in consultation with the Owner. § 2.1.3 The Architect shall prepare, and periodically update, a 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, if a 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 to be utilized 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 in the further development of the Project. § 2.1.6 Unless otherwise set forth in the Agreement, any service not identified as a Programming Service in this Article 2 shall 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 as 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, aesthetic, symbolic, economic, environmental, safety, sustainability, 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 sustainability, and visual quality. § 2.3.3 After the Architect provides the evaluation, the Architect shall meet with the Owner to 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, shall identify and confirm the Owner's objectives for the Project, including such elements as image, efficiencies, 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 an impact on the existing or proposed facility, such as governmental requirements, financial resources, location, access, visibility and building services. AIA Document B202Tm — 2009. Copyright © 2009 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 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) Init. § 2.4 Information Gathering § 2.4.1 The Architect shill 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 B202T" — 2009. Copyright © 2009 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 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) Init. § 2.7 Development of Final Program of Project Requirements § 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 to such elements as lighting levels, equipment performance, acoustical requirements, security and aesthetics. § 2.7.3 The Architect shall determine specific space requirements for the Project by .1 identifying required spaces, .2 establishing sizes and relationships, . 3 establishing space efficiency factors (ratio of net square footage to gross square footage), and .4 documenting particular space requirements such as special HVAC, plumbing, power, lighting, acoustical, furnishings, equipment, or security needs. § 2.7.4 The Architect shall prepare a final program document detailing all items identified in Sections 2.7.1 to 2.7.3, incorporating written and graphic materials that may include . 1 an executive summary, .2 documentation of the methodology used to develop the program, .3 value and goal statements, .4 relevant facts upon which the program was based, . 5 conclusions derived from data analysis, .6 relationship diagrams, .7 flow diagrams, .8 matrices identifying space allocations and relationships, .9 space listings by function and size, and .10 space program sheets including standard requirements and special HVAC, plumbing, power, lighting, acoustical, furnishings, equipment, or security needs. § 2.7.5 The Architect shall provide a preliminary opinion of the program with respect to the Owner's stated budget objectives. ARTICLE 3 ADDITIONAL SERVICES § 3.1 In addition to the Programming Services described above, the Architect shall provide the following Additional Services only if specifically designated below as the 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 of the table below. In the third column indicate whether the service description is located in Section 3.2, or in an exhibit attached to this services document. If in an exhibit, idents the exhibit.) Services Responsibility (Architect, Owner or Not Provided) Location of Service Description (Section 3.2 below or an exhibit attached to this document and identified 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 Document B202^" — 2009. Copyright © 2009 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 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) Init. § 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 § 3.2 Insert a description of each service designated in Section 3.1 the Architect shall provide if not included in an exhibit attached to this document and identified in the table above. § 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 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 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. § 3.3 The Architect shall provide Programming Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 Four (4 ) meetings to determine/review Owner and user values and goals .2 Two (2 ) meetings with user groups for the purpose of gathering data .3 One ( 1 ) "ride -along" with Tukwila Fire Department .4 One (1 ) meeting with City of Tukwila Planning Department .5 Two (2 ) tours of each existing Tukwila Fire Station to be replaced .6 Four (4 ) facility visits pursuant to Section 2.4.4 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 a representative authorized to act on the Owner's behalf to participate in the information gathering process, to facilitate the programming process, and to provide, in a timely manner, decisions made by 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 or redevelopment within the scope of this agreement. AIA Document B202TM — 2009. Copyright © 2009 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 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) Init. § 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. § 4.6 The Owner shall make the Owner's personnel available to the Architect, in a timely manner, to provide information about Owner and user goals and to facilitate decision-making in accordance with the Project schedule. ARTICLE 5 COMPENSATION § 5.1 For the Architect's Programming Services described under Article 2, the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation) One Hundred and Fifty-five Thousand and One Hundred and Sixteen dollars ($155,116.00) § 5.2 For Additional Services provided under Section 3.1, the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation If necessary, list specific services to which particular methods of compensation apply.) Additional Services described in Section 3.1 are included in the fee defined in Section 5.1. § 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 as follows: (Insert amount of or basis for, compensation.) 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 Ten percent (10 %). ARTICLE 6 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Standard Form of Architect's Services: Programming, if any, are as follows: AIA Document B202TM — 2009. Copyright © 2009 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 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) Init. *AIA Document B203TM - 2007 Standard Form of Architect's Services: Site Evaluation and Planning EXHIBIT D for the following PROJECT: (Name and location or address) ADDITIONS AND DELETIONS: The author of this document has Tukwila Fire Stations 51, 52 and 54 added information needed for its Tukwila WA completion. The author may also have revised the text of the original THE OWNER: AIA standard form. An Additions and Deletions Report that notes added (Name, legal status and address) information as well as revisions to the standard form text is available City of Tukwila from the author and should be 6200 Southcenter Boulevard reviewed. A vertical line in the left Tukwila WA 98188 margin of this document indicates where the author has added THE ARCHITECT: necessary information and where (Name, legal status and address) the author has added to or deleted from the original AIA text. Weinstein AU LLC, Limited Liability Company This document has important legal dba: Weinstein A+U Architects + Urban Designers LLC consequences. Consultation with an 2200 Western Avenue Suite 301 attorney is encouraged with respect Seattle, Washington 98121 to its completion or modification. THE AGREEMENT This Standard Form of Architect's Services ispart 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 ; ,1 INITIAL INFORMATION 2 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.) 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. AIA Document B203T" — 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 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 15:35:37 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (860369992) Refer to 'Exhibit A: B101-2007 Ex. A' for Initial Information ARTICLE 2 SITE EVALUATION AND PLANNING SERVICES § 2.1 The Architect shall 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 the Owner and the Owner's consultants. § 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 completion of documentation to be provided by the Architect. The Architect shall coordinate the Site Evaluation and Planning Services schedule with the Owner's Project schedule. § 2.3 The 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 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, replats, 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 or in an exhibit attached to this services document. (Designate the services the Architect shall provide in the second column of the table below. In the third column indicate whether the service description is located in Section 2.6 or in an exhibit attached to this services document. If in an exhibit, idents the exhibit.) Services Responsibility (Architect, Owner or Not Provided) Location of Service Description (Section 2.6 below or an exhibit attached to this document and identified 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 § 2.5.16 Geotechnical Reports Architect Section 2.7 Init. AIA Document B20311' — 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 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 15:35:37 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (860369992) Init. § 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 modified 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" — 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 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 15:35:37 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. . User Notes: (860369992) § 2.6.13 Estimate of the Cost of the Work: Prepare a 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. § 2.6.15 Meetings and Presentations: Attend meetings, public hearings, and citizen information meetings as 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 OF SERVICES (In the space below, provide expanded or modified descriptions of the Site Evaluation and Planning Services listed above, add other services as space permits, or refer to an exhibit attached to this document.) § 2.7.16 Geotechnical Reports: Review of existing historical geology and geotechnical information, if available; test borings, determinations of soil 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: .1 Two (2 ) visits to the site by the Architect over the duration of the services .2 Two (2 ) presentations of any portion of the Services as requested by the Owner .3 Two (2 ) meetings with any boards, committees or other required groups ARTICLE 4 OWNER'S RESPONSIBILITIES § 4.1 The Owner shall furnish a program 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 the 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 of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, 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) ARTICLE 5 COMPENSATION § 5.1 For the Architect's Site Evaluation and Planning Services described under Article 2, the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation.) Ninety-eight Thousand, One Hundred and Fifty dollars ($98,150.00) § 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 as follows: (Insert amount of or basis for, compensation) AIA Document B2037"' — 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 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 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) 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: Init. AIA Document B203TM — 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 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 15:35:37 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (860369992) Init. ® •=. Document B252TM 2007 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 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 ARCHITECTURAL INTERIOR DESIGN SERVICES 3 ADDITIONAL SERVICES 4 OWNER'S RESPONSIBILITIES 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. 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 G8021"-2007, Amendment to the Professional Services Agreement, to create a modification to any owner -architect agreement. AIA Document B2527" — 2007. Copyright © 2005 and 2007 by The American Institute of Architects. AH rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and Intemational 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) Init. (List below information that will affect the Architect's performance, including the Owner's Budget for the Cost of the Work, and the Owner's anticipated dates for commencement of construction and Substantial Completion) Refer to 'Exhibit A: B101-2007 Ex. A' for Initial Information ARTICLE 2 ARCHITECTURAL INTERIOR DESIGN SERVICES § 2.1 The Architect shall manage and administer the Architectural Interior Design Services. The Architect shall 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 the Owner and the Owner's consultants. § 2.2 The Architect shall prepare, and periodically update, a schedule of Architectural Interior Design Services that identifies milestone dates for decisions required by the Owner, services furnished by the Architect and completion of documentation to be provided by the Architect. The Architect shall coordinate the Architectural Interior Design Services schedule with the Owner's Project schedule. § 2.3 The 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 from the Owner to complete the Architectural Interior Design Services. § 2.4 Except with the Owner's knowledge and consent, the Architect shall not (1) accept trade discounts; (2) have a 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. § 2.5 PROGRAMMING PHASE SERVICES § 2.5.1 The Architect shall consult with representatives of the Owner to 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 or operations, such as 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 of a budget for the Work and a 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 at 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 of furniture system workstation environments, if applicable. The proposed space standards shall 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 to maintain such equipment. § 2.5.8 The Architect shall prepare a written summary of observations and make recommendations with respect to the planning of the facility. The Architect shall prepare a written space program for the Owner's review and approval. 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 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) Init. (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 functional 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 B252T® — 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 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) Init. § 2.10.3 Bidding Documents shall consist of bidding 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 of the Bidding and Quotation Documents in the form of addenda. § 2.10.6 The Architect shall assist the Owner in reviewing bids and quotations. The Architect shall assist the Owner in awarding and preparing agreements for the Project. § 2.10.7 If the Owner and Architect agree that the Architect will purchase furniture, 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 3 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 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 of the table below. In the third column indicate whether the service description is located in Section 3.2 or in an exhibit attached to this services document. If in an exhibit, idents the exhibit.) Services Responsibility (Architect, Owner or Not Provided) Location of Service Description (Section 3.2 below or an exhibit attached to this document and identified 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 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 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) Init. § 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: B101-2007. § 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 11 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 B252TTM — 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 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) Init. (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs 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 B252Th — 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 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) Weinstein A+U March 14, 2017 FS51 Fee Calculation | 0. \co a§ 0 69 ■§ ■§ 69 0. 10 673 Kk eco\ ( J 3 sg J) § 04 /\ u ) §) \7 : I§ CO \/\ } )} 0 8 ( k f§§§ 00 .. 01 001 -RI / §7//® k a{ 2 00 {\° ¥ 0 0. 0 - gigVi � 2f, )k/#!W\ sr 01 Reimbursable allowance - SUBTOTAL'. W/ WAU MuI1ip SUBTOTAL eefollowin• •a•e or •etai ffiyrTlLi g•7.73.byf1 111. 10 01 f TFS MainContractfeeEstimateFINAL.xds Weinstein A+U ,..00M 0 N n0 N M m < U) )O O 4 6 m NW W H H Q ,-N-0‘- M0 O N pN(0 N ) O O( O O N N50 6 N M 69 69 69 40 6940 0 O G a h 0 m E a 0 O O W M 0 0 OW M N M p^p (0 M 0 N m V N CO m f0 O O O M N CA O O R Oo4980 (') �N\f ((OV 0 0 0 000 00)) m N O b (� M N ad h (V C1,-003 0 00 040^0 W ID 0 0 ID m 03O1003 0 0 '0 0, m n m m O 0) amp of ad o �i n 6- ro v c Q E Travis Fitzmauri DD 33 D D 333 as 111 0 a 0 111 000 to 8c 0 c c n E c OW . o U vgre a al d d 0 O 69 0) 13 P. a d H a 15- v 17 a o d d y d CL C0, o £ d )0 3'6' 0 cn 0 � - w $ �` W o .E-2 $ o o a • ' .. m co c c aci c ¢ a •c m m o rn— E rn ti I a c y ga o ° • i d O v m y rn d - o'. 0. 2 U w OC Cd Od aO 0) Od OV% J nern roo O.d u: Um (L«NT aaU c (n CO0m_ wfy y- _¢ Q $ c an d UUDL >RU n 3datm aa� y'ay_cc 0 ID oco ym2'nW� ")-s-°--. aOmWO2s oo dvmiw (ngmoaurgiAyh4.Turf coo y5 m$ Lcw CDV_vl`ia-E vmU cg >cu _yOovdtiC UW'5 i wo ¢O40�O w rcc�- 4,, 3 3a U 5 0 w cocn n m 0) 0 TFS MainContractFeeEstima Tukwila Fire Stations Weinstein A+U Preliminary Fee Proposal TFS_Add Services Fee Task Calc REVISED.xls 1 of 1 Fire Station 51 Add Svcs Fee Calculation Date: March 8, 2017 Weinstein ASU Scope EW MW EN LR Total Item # Task 200 150 125 100 1 Basic Interior Design SD - Design Presentation/Prep 2 12 40 $5,900 4 12 $1,700 $7,6001 .Client DD - Design and Coordination 2 12 40 $5,900 i Client Presentation/Prep 4 12 $1,700 $7,600' CD - Documentation 20 40 $6,500 Client Presentation/Prep 4 12 $1,700 $8,200 2 Complex Building CA -Additional Arch Support (308 days) 56 125 150 $7,000 $30,625 $37,625 1 extra meetings/mo, 14 mos. (4 hrs ea.) extra CA support - 1/8 FTE services (275 hrs total) Total WAU Hours & Fee: 4 0 237. ,306 $61,025 3 Optional: Typical WAU Interior Design (custom casework, etc) SD - Design 8 20 $3,000 $3,000 DD - Design and Coordination 8 20 $3,000 $3,000 CD - Documentation 8 40 $5,000 $5,000. 4 Optional: GC/CM Coordination Pro .osal Review 4 4 $1,300 Interviews 8 8 $2,600 Selection Meeting 4 4 $1,300 Kick-off meeting 4 4 4 $1,700 Prep and notes 2 2 $450 SD Estimate review 2 2 $450 Cost Reconciliation meeting 4 4 $900 Notes 2 $200 $8,900 DD Additional GC meeting time 4 4 $900 Estimate review 3 3 $675 Cost Reconciliation meetings 4 4 $900 Notes 2 $200 $2,675, CD Additional GC meeting time 4 4 $900 Estimate review 3 3 $675 Cost Reconciliation meetings 4 4 $900 Notes 2 $200 $2,675 5 Optional: Enhanced CA (typical) - Additional Arch Support (308 days) 56 250 305 $7,000 $61,750 $68,750. 1 extra meetings/mo, 14 mos. (4 hrs ea.) extra CA support - 1/4 FTE services (555 hrs total) 6 Optional: Record Dwgs Coordinate Consultants 14 2 $1,950 Complete 80 $8,000 $9,950 TFS_Add Services Fee Task Calc REVISED.xls 1 of 1 Weinstein A+U March 14, 2017 FS52 & FS54 Fee Calculation F'1914•7_1S•1f1A_t11.1. O) m E E to 0 LL N O ON) NVM N Cl T 4, O) 40 N W W (0 3 o 0 O O 00 O 5 8 o 0 0) C) w Assumes a 12 Month Construction Period ' O N eo N N 4' e0 N e° N ih N di ;e N • O N 0 N co. N m 01.• r 0 O, 0 0- .0 a d d y LL LL cm 1O 876 4515 J 0 O C) A 0 C) 4, O O O w M O O O O 0) co O N U C 0 O C i �+ O 0 0 m O M o (0 V V O M O (0 N CO (O 0 N 0 0) N N O N 0 C) N 0) CO N A V 0) Or N NN . 0 0000,- r 0 0) 0 0 (0 V (0 O M ON) 0)000 r ,- (O N 0 C) (0 0) r N tO N N 00000 O O .- N N O m i QS N O N 0) V0000 V 0)00)004 ✓ N(Oor(O o)0)0).-- (0 V mi 0) W 69 7 N O) O) H 1 • ERVI E U:.. • AL ee fol owin• •a•e or •etai e7X•11 X•1:1.11•1_1114.1•11'144:3h1d Printed: 3/14/17 TF5 MainContractFeeEstimateFINAL.xIs Weinstein A+U 0000 6969iA NW N 0)o o Ca M 0) r 69 r(9 (9 NW 8 0 69 o 00 8 00 AW N 0) 00 0 O O U N 0 (0 U E a` N 0 0 i t o au) t 2u. y W o C 0.12 5 W a V 0 0 m a 0 O X , W—M 2 F N W (00 000 (0 0 u) 0) N V 0 c. 10 M NE (00 000 00 (O �- 0) 2 10 h 0 0 O N V N O 00000 n 0 0 O 0 00000 0) c� O (O N" 0) cV 0 0 0 0 ( tC NI.((0 r 0 0 0 0 N N 0 O N 1: N OD R ? 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O Omr UE C 0( VHd'yON03 E rn� .0oc� 2¢ Wt., 2, NT ¢Dm¢ 5m xmEO o coH cEUNL 3C L = WOpy m_1.7.112„..=.-668 BE 0aovrn'om rnneac0 w$O wm m -8H c� 20)E o 111 —W 2WEoWUiEaUc U 0-ttgY rWK .OZ 0 HE 2s <gdmo '0 v ID, W - ioCm — 0 5EwWU UUJmawW2U <OJFHSWL,-a021m WO;O F- N W N 0 N N 6 0 0) N 0o 0 O TFS MainContractFeeEstimateFINAL.xls Tukwila Fire Stations Weinstein A+U Preliminary Fee Proposal TFS_Add Services Fee Task Calc REVISED.xls 1 of 1 Fire Stations 52 + 54 Add Svcs Fee Calculation Date: March 8, 2017 Weinstein AIU Scope EW MW EN LR Total 'Item # Task 200 150 125 100 1 Basic Interior Design SD - Design 3 18 54 $8,250 Client Presentation/Prep 4 16 $2,100 $10,350 DD - Design and Coordination 3 18 54 $8,250 Client Presentation/Prep 4 16 $2,100 $10,350 CD - Documentation 20 40 $6,500 Client Presentation/Prep 4 16 $2,100 $8,600. 2 Complex Building CA -Additional Arch Support (260 days 48 100 134 $6,000 $25,900 $31,900 1 extra meetings/mo, 12 mos. (4 hrs ea.) extra CA support - 1/8 FTE services (234 hrs total) Total 1NA11 Hours & Fee: 6 0 216 330 $61,200 3 Optional: Typical WAU Interior Design (custom casework, etc) _ SD - Design 12 20 $3,500 $3,500 DD - Design and Coordination 12 20 $3,500 $3,500 CD - Documentation 12 30 $4,500 $4,500 4 GC/CM Coordination Kick-off meeting 4 4 4 $1,700 Prep and notes 2 2 $450 SD Estimate review 3 3 $675 Cost Reconciliation meeting 6 6 $1,350 Notes 2 $200 $4,375. DD Additional GC meeting time 8 8 $1,800 Estimate review 4 4 $900 Cost Reconciliation meetings 6 6 $1,350 Notes 2 $200 $4,250', CD Additional GC meeting time 8 8 $1,800 Estimate review 4 4 $900 Cost Reconciliation meetings 6 6 $1,350 Notes 2 $200 $4,250'. 5 Optional: Enhanced CA (-typical) -Additional Arch Support (260 days) 48 200 268 $6,000 $51,800 $57,800 1 extra meetings/mo, 12 mos. (4 hrs ea.) extra CA support - 1/4 FTE services (468 hrs total) 6 Optional: Record Dwgs 18 4 $2,650 Coordinate Consultants Complete 100 $10,000 $12,650 TFS_Add Services Fee Task Calc REVISED.xls 1 of 1 March 14, 2107 Tukwila Fire Stations 51, 52 & 54 Programming Phase Fee Calculation, REV1 Period of Services: March 27 to June 30th (14 weeks, 69 working days) Weinstein ASU Fees Item Task EW MW EN LR Total $200 $150 $125 $100 Week allGenerate detailed work plan and schedule 1 $2,200 =Tour FS51,52+54 with WAU/TCA 8 8 $3,400 Review SOJ Pre-programming documentation 1 $700 MIDevelop programming questionnaire w/TCA and Landscape 1 $1,200 NMDistribute to Owner Team for review $250 - Owner Team review Mr $500 Compile questionnaire responses 5 Owner Workshop: WAU, TCA, CoT, TFD, SOJ Develop Owner Workshop agenda/materials w/TCA $1,700 Define overall program goals at 1 half-day workshops Mr 2 4 4 $1,700 $650 - Compile meeting minutes 6 Ride along 8 8 $1,800 - {- Follow-up notes IIIIIIIIIII 1 $225 Work with TCA on building programming outline 1111111111111 $1,000 Programming meeting withTFD/TCA/WAU - FS51, FS52, FS541111101111111 IIIIIIIIIIIIIII.94 =Mel 8 8 8 $3,400 $1,150 $4,200 $2,800 Coordinate; prep; compile meeting minutes 10 Develop documentation of all program elements - Format into Programming Document, Pt. 1 - Distribute Programming Document to Owner Team for comment and approval $250 Owner Team review 11 Distribute site and program information to Design Team III-- 16 INC 2 4 $450 $2,200 $1,700 12 Kick-off meeting: WAU, CoT, TFD, SOJ, all Consultants - Coordinate team; Develop Kick-off agenda/materials - NM alli Discuss program goals, building needs, design ramifications Tour existing stations and new F551 site with Design Team 4 $900 Compile meeting minutes EU Mlle 4 4 2 $650 $900 $450 lall Meet with Tukwila Planning Dept. (WAU, Civil, Landscape) Compile meeting minutes 14 Research applicable codes and write summaries 4 $3,600 15 Develop overall project schedules 1 $1,200 MilConfirm internal approval process with Owner Team 1 $450 allDevelop tentative timeline for GC/CM involvement, costing exercises and redline reviews 1 $700 all - = - - Distribute to all parties for review 2 $250 Owner and Design Team revieaws- Sustainability / Integration Workshop: WAU, CoT, TFD, SOJ, all Consultants 4 4 $1,700 Coordinate team; Develop agenda and materials (with CID?)1111111111111 52,200 Evaluate cost/benefits of known sustainable strategies 11111111111111 Brainstorm strategies that increase building resiliency in emergencies 111111111111. - - - -Coordinate Find areas of overlap/ integration Compile meeting minutes 2 4 5650 Develop initial recommendations for owner group Into Programming Document, Pt. 2 40 8 56,200 consultant recommendations and distribute to Owner Team for review 24 $3,000 Owner Team review OMFollow-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 19 Finalize programming recommendations and compile Programming Document 2 40 8 56,200 20 Coordinate consultant recommendations and distribute to Owner Team for review 24 $3,000 Owner Team review Total WAU Hours and Fee 47 4 341 103 $65,925 1 2 3 5 6 7 8 9 10 Consultant Fees C1 Operations -TCA $16,290 Add Service: Program re -alignment - cost and operations 51320 Add Service: Future TFD FF&E Analysis $1,320 C2 Landscape - Swift $3,723 C3 Civil - LPD $6,400 C4 Structural -55F $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-TravisFitzmaurice $7,500 C7 Cost -Robinson $5,500 TOTAL $ 57,413 WAU 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 1 March 24, 2017 Tukwila Fire Stations 52 & 54 Site Selection Fee Calculation, REV2 Period of Services: July 10, 2017, to July 6, 2018 (12 months) Weinstein ASU Fees EW EN Total Item Task - 5200 5125 1 Meeting with City of Tukwila real estate team to finalize process –1 3 3 $975 Meeting notes and follow-up with consultants 2 5250 2 FS52 Test Fit#1: Site visit 1.5 1.5 5488 Notes • 1 5125 Research on available site info 4 5500 Coordination meeting with consultants (incl. prep and notes for all four site options) Test fits of program Coordination of consultant scope Produce report for Owner Team 3 FS52 Test Fit #2: Site visit Notes Research on available site info Test fits of program Coordination of consultant scope Produce report for OwnerTeam FS54 Test Fit #1: 1 1 4 5700 8 8 52,600 4 5500 _..—_. 4 .._.._ $500 1.5 1.5 5488 ._..._.y.2 ._.--5250 4 55001 8.—�8 • 52,6001 4 .5500 4 _ 5500 Site visit 1.5 1.5 5488 Notes 2 5250 Research on available site info 4 5500 Test fits of program Coordination of consultant scope Produce report for OwnerTeam 5 FS54 Test Fit #2: 8 8 52,600 4 5500 4 5500 Site visit . 1.5 1.5 5488 Notes — — 2 5250 Research on available site info ' 4 5500 Test fits of program 8 8 52,600 Coordination of consultant scope a 5500 Produce report for Owner Team 4 5500 6 Additional round of site visits 4 4 51,300 7 Community Meeting 1: — — Materials prep 4 5500 Meeting 4� 4 $1,300 8 Community Meeting 2: Materials prep 4 5500 Meeting 4 4 51,300 9 Meet with Owner Team to discuss site options 4 4 51,300 Meeting notes and follow-up with consultants 2 5250 Total WAU Hours and Fee 58 128 527,600 Consultant Fees CI Operations -TCA C2 Landscape - Swift C3 Civil - LPD C4 Cost - Robinson 53,600 . 55,144 512,000 52,000 TOTAL WAU 1096 Consultant Mark-up 522,744 52,274 CONSULTANTS TOTAL 525,018 C5 Geotech - Hart Crowser 539,472 WAU 1096 Consultant Mark-up 53,947 GEOTECH TOTAL 543,419 246 Reimbursables Allowance, incl. 1046 Mark-up 52,113 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 regarding joint use Additional response modeling support