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17-157 - DLR Group - Public Safety Plan: Justice Center Design and Planning
City of Tukwila Agreement Number: 17-157(h) • 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Amendment No. 8 Between the City of Tukwila and DLR Group, Inc. That portion of Contract No. 17-157 between the City of Tukwila and DLR Group, Inc. is hereby amended as follows: Section I 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, Justice Center Project. 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 $3,208,800 (including estimated expenses) without express written modification of the Agreement signed by the City. The total fee for the additional services related to Amendment No. 8 will be $3,300. All other provisions of the contract shall remain in full force and effect. Dated this day of LWMAafl&" 12020 U CITY OF TUKWILA Allan Ekberg, Mayor CONSULTANT Erica Loynd, Principal CA Revised December 2016 Page I of I 16 DLR Group Architecture Engineering Planning Interiors 51 University Street, Suite 600 Seattle, WA 98101 January 2, 2020 Justine Kim Shiels Obletz Johnsen 101 Yesler Way Suite 606 Seattle, WA 98104 justinek@sojsea.com Exhibit A Project Name: City of Tukwila Justice Center DLR Group Project No.: 73-17158-00 Re: Design Services Proposal — Additional Services #10 Dear Justine: As discussed in the on site meetings, please see the proposed landscape design additional service with our consultant Swift Company. The scope of this proposal is for additional design at the plaza due to the existing water line coordination at the Tukwila Justice Center site. It is our goal to provide quick and expedited support for any issues that may delay ongoing construction. The scope of services provided in the additional services include the following: Swift Company $3,000 10% DLR Group consultant mark-up $ 300 Total additional service (NTE) $3,300 The total fee for the additional design services described above is hourly not to exceed value of three thousand three hundred dollars and zero cents ($3,3.00). Thank you for the opportunity to provide this proposal for additional services, and we look forward to our continued partnership with City of Tukwila. Sincerely, DLR Group Erica Loynd Principal Encl: Consultant proposal cc: Ethan Bernau, Steve Schmitz, Matt Strutynski SeattlearxI iocaflons worlidwiide 3/3|West(,�mAvenue www swiftcompany com Summozo oom Scon|e VVoamngmn TEL 206-6J32038 USA 98121 FAX 206-632-2048 December 1O.2O19 Erica Loynd Principal DLRGrnup 51 University Street, Sui|eSO0 Seattle, WA 98101 RE: Tukwila Justice Center: Revisions for Existing Water Line Additional Service Proposal Dear Erica, A8requested, the following iSasummary ofthe proposed additional scope ofwork and fee associated with the revision L0modify the design and documentation [fthe plaza features to maintain the existing water line, and as directed by the Owner. The tasks are separated for clarity and confirmation Ofscope and intent. The proposal assumes the effort will beTime & Materials and follow the Not-tn' ExCeed8nlOUDtbB|Ovv.TheSpHCifiCS[deXteDtS[fpOte0ti8|Ch8ngeS3h8||b8 clarified with the review and comments of the Water District. Tasks: 0 Design team coordination related to redesign effort associated with civil assumptions and Water District requirements. w Conceptual sketch and CAD updates for preliminary district review and approval ofconcept. • Redesign Of planting, hanjSC8pe. site details, and irrigation for impacted areas along the frontage. w Documentation O|revisions and [eSUbrnittO|CJsheets for permit and Please let us know if there are any questions or clarifications. Best regards, Gareth Loveridge City of Tukwila Agreement Number: 17-157(g) Council Approval N/A • 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Amendment No. 7 Between the City of Tukwila and DLR Group, Inc. That portion of Contract No. 17-157 between the City of Tukwila and DLR Group, Inc. 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, Justice Center Project. 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 $3,205,500 (including estimated expenses) without express written modification of the Agreement signed by the City. The total fee for the additional services related to Amendment No. 7 will be $12,000. All other provisions of the contract shall remain in full force and effect. .174 Dated this. 4-1- day of tb V&4VQfk 12019 [all a I Lei "'ATA I W-11 CA Revised December 2016 CONSULTANT :rica Loynd, Principal 6'IA44 Page I of I [WOW114111 16 DLR Group Architecture Engineering Planning Interiors 51 University Street, Suite 600 Seattle, WA 98101 November 11, 2019 Justine Kim Shiels Obletz Johnsen 101 Yesler Way Suite 606 Seattle, WA 98104 justinek@sojsea.com Project Name: City of Tukwila Justice Center DLR Group Project No.: 73-17158-00 Re: Design Services Proposal - Additional Services #9 Dear Justine: As discussed in the on site meetings, please see the proposed civil engineering additional service with our consultant KPFF The scope of this proposal is for additional on site review of work at the water main locations due to the prevalence of unforeseen conditions in the soil at the Tukwila Justice Center site. This will include up to two additional site visits by KPFF starting this week through January 3, 2020. It is assumed DLR Group's collaboration will be conducted during regular Wednesday site meetings. However, throughout the construction, these unforeseen conditions have typically required additional site visits by the DLR Group team with KPFF It is our goal to provide quick and expedited support for any issues that may delay ongoing construction. Therefore, DLR Group proposes one additional site visit per month for the duration (two months). The scope of services provided in the additional services include the following: KPFF $10,000 DLR Group (2 additional site visits) $ 1,000 10% DLR Group consultant mark-up $ 1,000 Total additional service (NTE) $12,000 Seattle am Bocadons sad ddvvude Justine Kim November 11, 2019 Page 2 The total fee for the additional design services described above is hourly not to exceed value of twelve thousand dollars and zero cents ($12,000.00). We will have this separated on our invoices for clarity. Thank you for the opportunity to provide this proposal for additional services, and we look forward to our continued partnership with City of Tukwila. Sincerely, DLR Group IM I Erica Loynd Principal Encl: Consultant proposal cc: Ethan Bernau, Steve Schmitz EXHIBIT A 1601 Fifth Avenue, Suite 1600 Seattle, WA 98101 206,622.5822 kpff.corn DATE. November 8, 2019 JOB NUMBER: 1700643 CLIENT. DLR Group PROJECT NAME: Tukwila Justice Center RE. Additional Service #5 — Additional Water Main Site Observation SCOPE OF SERVICES As requested, we submit this additional service proposal to conduct site observations up to twice per week during construction of the 8-inch water main on the Tukwila Justice Center project. A site observation report will be prepared following each site visit and that report will be sent to DLR for further distribution to the project team. We assume observations will begin the week of November 11, 2019 and will end no later than January 3, 2020. We understand BNB will provide a detailed water main construction schedule to KPFF to facilitate site observation scheduling. FEE We propose to accomplish the above scope of work for an hourly, not -to -exceed fee of $10,000 in accordance with our current contract with DLR Group. Offered By (KPFF, Inc.) Accepted by (DLR Group) /U#� AZOIC I (Signature) (S'hature) . A Michael Herseth, PE, Associate flit (Print Name/Title) (Print Name le) Page 1 of 1 17-157(f) Council Approval N/A City of Tukwila Agreement Number: 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Amendment No. 6 Between the City of Tukwila and DLR Group, Inc. That portion of Contract No. 17-157 between the City of Tukwila and DLR Group, Inc. 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, Justice Center Project. 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 $3,193,500 (including estimated expenses) without express written modification of the Agreement signed by the City. The total fee for the additional services related to Amendment No. 6 will be $21,871 ($8,800 + 13,071). All other provisions of the contract shall remain in full force and effect. Dated this day of 2019 CITY OF TUKWILA ZA Allan E Ma or ATTEST/AUTHENTICATED 6-hri'sty O'Flaherty, MMC, City Clerk CONSULTANT Erica Loynd, Principal APPROVED AS TO, FORM Office -of the City Attorney CA Ro iced Dxonihei 20 1 Page I of I 16 DLR Group ArcHtecture Engineering Planning lnterGors 51 1. rmersay d3tret.C, guide 600 Seas tle, V)Aq2ini Justine Kim Shiels Obletz Johnsen 101 Yesler Way Suite 606 Seattle, WA 98104 justinek@sol'sea.com Project Name: City of Tukwila Justice Center DLR Group Project No.: 73-17158-00 Re: Design Services Proposal - Additional Services #7 Dear Justine: Per your request, this letter is a proposal for two additional scopes for our civil engineering consultant KPFF. The first is to support the required coordination with City of Seatac's work at the new Military Road under construction concurrently with our project. This scope includes coordination on -call' with the City of Seatac with meeting participation, field observation, and engineering coordination. The second proposal is for peer review of the Fire Station 52 design documents. The process will provide a memorandum of findings for the design team and owner to review. The scope of services provided in the additional services include the following: Additional Service 1 - City of Seatac coordination (NTE value) $ 5,000 Additional Service 2 - Review of Fire Station 52 (NTE value) $ 3,000 10% DLR Group consultant mark-up $ ... 800 Total additional service (NTE) $ 8,800 Should the City request additional documentation, public hearings, or detailed response outside the identified review process for the design team, an amendment for additional service may be required. EXHIBIT A 1601 EYfth Aw-nu(su[e 1i;00 :+..'aukl %'NA ;?I 6 6 2.I, 5822 qdfr om DATE: JOB NUMBER: CLIENT. June 12, 2019 DLR Group PROJECT NAME: Tukwila Justice Center RE: Additional Service #4 — Military Road Construction Coordination SCOPE OF SERVICES As requested, we submit this additional service proposal to attend the City of SeaTac Military Road Pre -Construction meeting and participate in construction coordination efforts between the Tukwila Justice Center Project and the City of SeaTac Military Road project. KPFF's construction coordination effort will be performed on an on -call basis for meeting attendance, field observation, and engineering coordination, FEE We propose to accomplish the above scope of work for an hourly, not -to -exceed fee of $5,000 in accordance with our current contract with DLR Group. Should additional coordination be required beyond the fee limit, additional fee will be negotiated prior to proceeding with the additional scope. Offered By (KPFF, Inc.) (Signature) Michael Herseth, PE, Civil Engineer (Print Name/Title) Accepted by (DLR Group) (Signature) (Print Name/Title) Page 1 of 1 TERMS AND CONDITIONS KPFF, Inc. ("KPFF") shall perform the services outlined in this agreement pursuant to the stated fee arrangement. 1. Additional Services Should the Scope of Services change from, those set forth in the Agreement for Professional Services, the fee for such additional services will be negotiated between Client and KPFF. 2. Limitation of Liability To the greatest extent allowed by law, the aggregate liability of KPFF for any and all injuries, claims, demands, losses, expenses or damages, of whatever kind, arising out of or in any way related to this Agreement or the services provided by KPFF on this project, shall be limited to $50,000 or the total fee received by KPFF pursuant to this Agreement, whichever is greater. Further, no officer, director, shareholder or employee of KPFF shall bear any personal liability to Client for any and all injuries, claims, demands, losses, expenses or damages, of whatever kind or character, arising out of or in any way related to this Agreement or the services provided by KPFF on this project. 3. Mediation All disputes between Client and KPFF arising out of or relating to this Agreement shall be submitted to nonbinding mediation prior to commencement of any other judicial proceeding. 4. Dispute Handling KPFF shall make no claim against Client without first providing Client with a written notice of damages and providing Client thirty (30) days to cure before an action is commenced. The Client shall make no claim either directly or in a third party claim, against KPFF unless the Client has first provided KPFF with a written certification executed by an independent professional currently practicing in the same discipline as KPFF and licensed in the state of the subject project. This certification shall a) contain the name and license number of the certifier; b) specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a professional performing professional services under similar circumstances; and c) state in complete detail the basis for the certifier's opinion that each such act or omission constitutes such a violation. This certificate shall be provided to KPFF not less than thirty (30) calendar days prior to the presentation of any claim or the institution of any judicial proceeding. 5. Suspension of Services If Client fails to make payments to KPFF in accordance with this Agreement, such failure shall provide KPFF the option to suspend performance of services under this Agreement upon seven (7) days written notice to Client. In the event of a suspension of services, KPFF shall have no liability for any delays or damages caused because of such suspension. Before resuming services, KPFF shall be paid all sums due prior to suspension and any expenses incurred by KPFF in the interruption and! resumption of its services. KPFF's fees for the remaining services and time schedules shall be equitably adjusted. If any invoice is in dispute. Client shall pay under written protest to keep the project on schedule and resolve the payment dispute after substantial completion. 6. Termination This Agreement may be terminated by either party with seven (7) days written notice to the other in the event of a substantial failure of performance by the other party through no fault of the terminating party. If this Agreement is terminated, KPFF shall be paid for services performed to the termination notice date, including reimbursable expenses due. 7. Ownership of Documents The drawings, calculations and specifications are instruments of service and are, and shall remain, the property of KPFF, whether the project for which they are made is executed or not. They are not to be used on other projects or extensions to this project except by agreement in writing. 8. Contract Administration It is understood that KPFF will not provide design and construction review services relating to safety measures of any contractor or subcontractor on the project. Further, it is understood that KPFF will not provide any supervisory services relating to the construction for the project. Any opinions solicited from KPFF relating to any such review or supervisory services shall be considered only as general information and shall not be the basis for any claim against KPFF. 9. No Third Party Beneficiary Nothing in this Agreement shall create a contractual relationship with or a cause of action in favor of any third party against KPFF or Client. 10. No Assignments Neither party to this Agreement shall transfer, sublet or assign any rights under or interest in this Agreement (including but not limited to monies that are due or monies that may be due) without the prior written consent of the other party. 11. Payments KPFF will submit monthly invoices. Payment is due on the date of the invoice and becomes delinquent one month thereafter. A late charge will be added to delinquent amounts at the rate of one -and -one-half percent (11 1/2 %) for each one month of delinquency (or the maximum allowable by law, whichever is lower). NOTE: These Terms and Conditions are only valid if accompanied by KPFF's Agreement for Professional Services (along with any Attachments which may be referenced in the Agreement for Professional Services) shown on I of 2. Revised: November 11, 2013 Page 2 of 2 Justine Kim July 22, 2019 Page 2 The scope of services provided in the additional services include the following: DLR Group $6,600 Weinstein AU $5,660 DLR Group consultant mark up $ 566 -2% Reirribursables, (limited for site visits) $ 245 Total additional service (NTE,) $13,071 Should the City request additional documentation or detailed response outside the identified review process for the design team, an amendment for additional service may be required. The total fee for the additional design services described above a lump sum fee of thirteen thousand seventy one dollars and zero cents ($13,071.00), Thank you for the opportunity to provide this proposal for additional services, and we look forward to our continued partnership with City of Tukwila. Sincerely, FIT Erica Loynd Principal Encl: none cc: Ethan Bernau Matt Strutynski 0 City of Tukwila Agreement Number: 17-157(e) • 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Amendment No. 5 Between the City of Tukwila and DLR Group, Inc. That portion of Contract No. 17-157 between the City of Tukwila and DLR Group, Inc. 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, Justice Center Project. 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 $3,171,629 (including estimated expenses) without express written modification of the Agreement signed by the City. The total fee for the additional services related to Amendment No. 5 will be $1,925. All other provisions of the contract shall remain in full force and effect. Dated this - V; day of J VOA9- 2019 CITY OF TUKWILA -7 AIIakEkberg,-,.May.o-r- CONSULTANT Erica Loynd, Principal 0 CA Revised December 2010 Page I of I DLR Group Architecture Engineering Planning Interiors 51 University Street, Suite 600 Seattle, WA 98101 May 15, 2019 Justine Kim Shiels Obletz Johnsen 101 Yesler Way Suite 606 Seattle, WA 98104 justinek@sojsea.com Project Name: City of Tukwila Justice Center DLR Group Project No.: 73-17158-00 Re: Design Services Proposal - Additional Services #6 Dear Justine: Per your request, this letter is a proposal for additional scope for our consultant Fehr & Peers to complete a necessary traffic analysis for trip analysis. This work is being completed on May 15, 2019 to expedite the permit comments. The scope of services provided in the additional services include the following: Fehr & Peers $ 1,750 10% DLR Group consultant mark-up (NTE value) $ 175 Total additional service (NTE) $ 1,925 Should the City request additional documentation, public hearings, or detailed response outside the identified review process for the design team, an amendment for additional service may be required. The total fee for the additional design services described above is a flat rate lump sum of one thousand nine hundred twenty five ($1,925.00). Thank you for the opportunity to provide this proposal for additional services, and we look forward to our continued partnership with City of Tukwila. Sincerely, DLR Group Erica Loynd Principal Encl: Consultant proposal cc: Ethan Bernau Seattle (i,i,ci oposal for Tukwila Justice Center Trip Distribution ,roprts'o( is vabd fur o postiod of 90 mays from the propo:is st s)E'tmthal date ling wle of the Nrrie of ,er. ce rnGy vary depending Can ltw j'Ir`iul5tuf/Cng 6>1uu ut the wrc the ter rI'U 'tarn, t/w uvcrill fete w o not he exce,,(JeJ s billed of the IRS mtF:' ptt.rt '0%handimy ;`eE direct ono, 5tib(' nsultont expenses we pilled with toy% hondlirrtl free r'<t costs include cnrnputer, cornrri, i tons, and reprodurllor cholg rs ore hulled ns o perr entudc of tcahor d staff are sublErct to ci7ange at any time., without notica+, and mt-nu^ the total (xrdae t shown Agreement Number: 17-157(d) City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 IM I =-#I n Vy a a JIM That portion of Contract No. 17-157 between the City of Tukwila and DLR Group, Inc. is hereby amended as follows: Section 1 P 1�- -'&y to �pei-fo L U �i I rFIT� ,jg,npfj In The Consultant is retained by e /Vchi�r-,ctur;T Design and Ranning servCces in connecItion with +J-ke project "'tied Tukwila PL,�blic Safefv Plan, w 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 $3,169,704 (including estimated expenses) without express written modification of the Agreement signed by the City. The total fee for the additional services related to Amendment No. 4 will be $29,475. ($11,000 + $18,475) Dated this day of '2019 CITY OF TUKWILA 4� . ...... 5, Allan Ekberg, Mayor Attest/Authenticated: F Christy 40- aherty, City Clerk Erica Loynd,, Principal Approv,ed as, o Form: . . ............ ......... Office of the Ci'ty Attorney CA Revised December 2016 Page I of I Er'HIQIT A DLR Group Architecture Engineering Planning Interiors 51 University Street, Suite 600 Seattle, WA 98101 March 18, 2019 Justine Kim Shiels Obletz Johnsen 101 Yesler Way Suite 606 Seattle, WA 98104 justinek@sojsea.com Project Name: City of Tukwila Justice Center DLR Group Project No.: 73-17158-00 Re: Design Services Proposal — Additional Services #4 Dear Justine: This letter will serve as our proposal for design work of the approved scope for the new water line at Tukwila International Boulevard (WD-125) for City of Tukwila Justice Center in Tukwila, WA. We appreciate the opportunity to continue to develop this project and ensure it meets the requirements of the City and utilities. The proposal from KPFF, the civil engineer, provides detailed description of the agreed scope. Additionally, in this proposal, we would like to reallocate budget already provided with Additional Service #02 for SEPA and code review. This additional service included Karen Braitmayer to review the accessibility requirements for the Design Review Board for the Justice Center. These funds have been closed and will not be fully used. However, the effort by Swift Company associated with the planning comments and review have exceeded the anticipated scope. Therefore, we are proposing reallocating the remaining $6,500.00 from Karen Braitmayer's proposal to Swift Company for the additional efforts they have provided to resolve the multiple rounds of permitting comments and additional meetings to clarify scope and intentions. This will be a net zero add to this proposal. These funds were already invoiced and were to be a deductive line item to this proposal, therefore will not be added to future invoices. The scope of services provided in the additional services include the following: KPFF $10,000 Addition to Swift Company scope $ 6,500 Reduction to Karen Braitmayer scope in Additional Service #02 ($6,500) 10% DLR Group consultant mark-up (NTE value) $ 1.000 Total additional service (NTE) $11,000 o3iuclt' O and locations worldwide EXHIBIT A Justine Kim March 15, 2019 Page 2 Should the City request additional documentation, public hearings, or detailed response outside the identified review process for the design team, an amendment for additional service may be required. The total fee for the additional design services described above is not to exceed value of eleven thousand dollars and zero cents ($11,000.00). Thank you for the opportunity to provide this proposal for additional services, and we look forward to our continued partnership with City of Tukwila. Sincerely, DLR Group +!54�WMA4--- Erica Loynd Principal Encl: Consultant proposal cc: Ethan Bernau 1601 Fifth Avenue. Suite 1600 Seattle. WA 98101 206.622.5822 kpff.com AGREEMENT FOR PROFESSIONAL SERVICES DATE. March 12, 2019 JOB NUMBER: 1700643 CLIENT. DLR Group PROJECT NAME. Tukwila Justice Center RE: Additional Service #3 — KCWD 125 Water Main Replacement SCOPE OF SERVICES As requested, we submit this additional service proposal to prepare plans for approximately 415 linear feet of eight inch water main replacement along Tukwila International Boulevard. The water main will be owned and operated by King County Water District 125 (KCWD 125). KPFF will design the main replacement per KCWD 125 standards and document demolition of the existing main. Our deliverable will include plan and profile views of the water main in addition to details, as needed. Per our previous coordination with the City of Tukwila and KCWD 125, we assume the proposed water main will be eight inch ductile iron located behind the curb and below the sidewalk. Clearances to trees and other utilities will be coordinated with KCWD 125 and the City of Tukwila. SCHEDULE We estimate the design and documentation of the water main will be complete within three weeks after Notice -to -Proceed is received. FEE We propose to accomplish the above scope of work for a lump -sum fee of $10,000 in accordance with our current contract with DLR Group: Offered By (KPFF, Inc.) Accepted by (DLR Group) Ac Ave-, (Signature) (Signature) Michael Herseth, PE, Civil Engineer (Print Name/Title) (Print Name/Title) Page 1 of 1 EXHIBIT A DLR Group Architecture Engineering Planning Interiors 51 University Street, Suite 600 Seattle, WA 98101 March 19, 2019 Justine Kim Shiels Obletz Johnsen 101 Yesler Way Suite 606 Seattle, WA 98104 justinek@sojsea.com Project Name: City of Tukwila Justice Center DLR Group Project No.: 73-17158-00 Re: Design Services Proposal — Additional Services #5 Dear Justine: Following discussions with Ethan Bernau, this letter will serve as our proposal for ongoing support of Furniture, Fixture, and Equipment (FFE) installation after selection is complete. The base scope of services included is the design and layout of the FFE throughout the building to provide a detailed order that is provided to the owner to coordinate directly with the manufacturer. The ongoing process once the package is identified is typically provided by a member of the agency for procurement and delivery of the product to the job site. DLR Group is pleased to participate in this coordination which would include the following additional tasks (all times are approximate): 1. Review of the Purchase Order (PO) with the client and dealers and Final confirmation of purchase with the client and dealer. a. This is resolved over the course of multiple phone calls throughout the purchasing process. 2. Tracking of the product during production and manufacturing. a. This provides tracking of the product and coordination of delays that may occur. This may occur with some of the products in the order, not the overall order. 3. Coordination of delivery and installation including on site delivery oversight. a. This involves two people on site during the move in and delivery to ensure items are installed or brought into the correct locations. 4. Punch list review of all products throughout. a. This involves two people on site after the items are all installed to punch all the equipment and ensure it works appropriately, is not damaged, and is accurate to the order. This is additional to the building punch as it will happen at a later stage of the construction after the building is officially complete. '`3e�4 and locations worldwide EXHiBI T A Justine Kim March 19, 2019 Page 2 The scope of services provided in the additional services include the following: DLR Group $18,113 —2% Reimbursables (limited for site visits) 362 Total additional service (NTE) $18,475 Should the City request additional documentation or detailed response outside the identified review process for the design team, an amendment for additional service may be required. The total fee for the additional design services described above a lump sum fee of eighteen thousand four hundred seventy five dollars and zero cents ($18,475.00). Thank you for the opportunity to provide this proposal for additional services, and we look forward to our continued partnership with City of Tukwila. Sincerely, DLR Group Erica Loynd Principal Encl: none cc: Ethan Bernau 17-157(c) Council Approval 2114119 Agreement Number: 17-157 4� City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 N CONTRACT FOR SERVICES Amendment No. 3 Between the City of Tukwila and DLR Group, Inc. That portion of Contract No. 17-157 between the City of Tukwila and DLR Group, Inc. is hereby amended as follows: Section I 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. 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 $3,140,229 (including estimated expenses) without express written modification of the Agreement signed by the City. The total fee for the additional services related to Amendment No. 3 will be $18,920. All other provisions of the contract shall remain in full force and effect, I Dated this 4 day of 2019 CITY OF TUKWILA CONSULTANT Allan Ekberg, Mayor Erica Loynd, Principal CA Revised December 2016 Page I of I DLR Group Architecture Engineering Planning interiors 51 University Street Suite 600 Seattle, WA 98101 December 20, 2018 Justine Kim Shiels Obletz Johnsen 101 Yesler Way Suite 606 Seattle, WA 98104 justinek@sojsea.com Project Name: City of Tukwila Justice Center DLR Group Project No.: 73-17158-00 Re: Design Services Proposal - Additional Services #3 Dear Justine: Per your request, this letter will serve as our proposal for managing the arborist consultant for the City of Tukwila Justice Center and City of Tukwila Fire Stations in Tukwila, WA, and preparation of the inadvertent Discovery Plan for SEPA. We appreciate the opportunity to continue to develop this project and ensure it meets the requirements of the City. The proposal from Washington Forestry Consultants, Inc. is an hourly services with a not to exceed value. The scope of services is to provide the information required for Tukwila Municipal Code 18.54 Tree Regulations. The proposal from Environmental Science Associates is a flat fee service for Phases 1 and 2, and a contingency hourly not to exceed for Phase 3 of $3,000. If this contingency is used, DLR Group will add the necessary 10% administrative markup to the invoices. With the recommendations provided from ESA, KPFF will need to modify their drawings and this scope is detailed in their additional service proposal. The civil base services scope was identified for the initial proposal with the anticipation of providing a more detailed additional service for items that would be above and beyond standard permitting or site conditions once the information is detailed in the investigations. Seattle and locations worldwide Justine Kim December 20, 2018 Page 2 The scope of services provided in the additional services include the following: Washington Forestry Consultants, Inc. (NTE value) $ 4,000 Environmental Science Associates (flat fee) $ 1,500 KPFF (lump -sum fee) $11,700 10% DLR Group consultant mark-up (NTE value) $ 1,720 Total additional service (NTE) $18,920 This scope is limited to the services provided to meet the tree regulations of an arborist review and the requirements for SEPA. Inclusion of this report into the project review in response to existing assumptions will be included with the design team. Should the City request additional documentation, public hearings, or detailed response outside the identified review process for the design team, an amendment for additional service may be required. The total fee for the additional design services described above is not to exceed value of eighteen thousand nine hundredand twenty dollars and zero cents ($18,920.00). Thank you for the opportunity to provide this proposal for additional services, and we look forward to our continued partnership with City of Tukwila. Sincerely, DLR Group �'mta'_ Erica Loynd Principal in the Firm Encl: Consultant proposals cc: Ethan Bernau WASHINGTON FORESTRY CONSULTANTS, INC. FORESTRY AND VEGETATION MANAGEMENT SPECIALISTS W F C 1 360/943-1723 1919 Yelm Hwy SE, Suite C FAX 360/943-4128 Olympia, WA 98501 November 26, 2018 Erica Loynd, AIA DLR Group Architecture Engineering Planning Interiors 51 University Street, Suite 600 Seattle, WA 98 101 RE: Tree Inventory, Evaluation, and Protection Plan Proposal — Tukwila Project Dear Ms. Loynd: I am pleased to have the opportunity to provide a proposal to assist you with an inventory, evaluation and tree protection and replacement recommendations for trees on your 3 Tukwila projects. I propose to provide my services to you on an hourly basis with a 'Cost Not to Exceed'. Since we have not seen the site, this will insure that we can provide you the necessary field review and report for the least cost. On each of the 3 sites, the following items will be completed: 1. Conduct an inventory and assessment of existing live trees that are 4 inches DBH and larger, excluding black cottonwood which is not a significant tree in Tukwila. This inventory would be done on all lands outside of the critical areas and their buffers - in this case these are the landslide hazard areas along the east and southerly portions of the project. The inventory will be a 100% assessment. 2. Evaluate the health and long-term survival potential for all significant trees within the buildable area of the project site and make recommendations for retention, protection, and necessary cultural care. The evaluation will include an assessment of a. Species and size b. Tree condition rating c. Insect and disease problems URBAN/RURAL FORESTRY e TREE APPRAISAL e HAZARD TREE ANALYSIS RIGHT-OF-WAYS e VEGETATION MANAGEMENT * ENVIRONMENTAL STUDIES e CONTRACT FORESTERS Umber of k*wns"rW Society of Arboriculture and Society of American Forest" Tukwila City Buildings - Tree Evaluation and Protection Proposal — Tukwila, WA Project d. Tree structural defects e. Stem and root collar condition f. Overall tree health and potential tree hazards (tree risk assessment) 3. Make recommendations for areas of tree retention and protection. Provide summary tables of tree counts to be removed and saved within the buildable area. 4. All necessary tree inventory summaries and tree replacement calculations can then be provided, 5. Prepare a professional report for each of the 3 sites summarizing my findings, conclusions, and recommendations for protection and improvement of tree health along with a graphic detail of necessary tree protection fencing. The report will meet or exceed requirements of the Tukwila 18.54 Tree Regulations ordinance. 6. The 'Cost Not to Exceed' is $4,000. 1 project it will take just over 3.5 days to do the field evaluations and prepare the report. All meetings or work outside of this scope would be done at our hourly rates, or a previously agreed upon lump sum amount. 7. We can begin this project and be complete within 8 working days of your notice to proceed. All work would be completed at our attached hourly rates. You will only be billed for the actual time. Any work items outside of the above described assessment would be at our regular hourly rates, or a previously agreed upon lump sum amount. Please give me a call if you have questions. Respectfully submitted, Washington Forestry Consultants, Inc. Galen M. Wright, ACF, ASCA ISA Board Certified Master Arborist No. PN-0 I 29BU Certified Forester No. 44 ISA Tree Risk Assessor Qualified attachment: rate sheet cc: Justine Kim Washington Forestry Consultants, Inc. Page 2 Tukwila City Buildings - Tree Evaluation and Protection Proposal — Tukwila, WA Project WASHINGTON FORESTRY CONSULTANTS, Inc. Rate Schedule Client: Tukwila City Projects Professional Classification Rate Galen Wright —Board Certified Master Arborist/Certified Forester $ 130.00/hr or Staff Forester Clerical Support $ 42.00/hr Trimble Nomad Data GPS Handheld $ 60.00/day * Travel time to be billed one-nvq only. Mileage rate is billed Ca $0.661mile,for round-frip mileage. Miscellaneous expenses (e.g. parking, overnight expenses, and meals) are billed at actual cost. Other items e.g. soil testing, tree marking paint, or plant tissue analysis at cost plus 10%. payment is due upon receipt of invoice. Interest will be charged on all past due accounts at rate of 1.5% per month or 18% per annum. Purchaser is to pay reasonable allorney's.fee and costs in the event WFCl is required to employ an attorney for collection or legal action to eq/6rce the terms of payment as specified herein. Ad, Title: President Washington Forestry Consultants, Inc. Date: November 26, 2018 Washington Forestil, Consultants, Inc. Page 3 Tukwila City Buildings - Tree Evaluation and Protection Proposal — Tukwila, WA Project Acceptance of Proposal The above specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. (Signature) (Date) (Title) (Company) (Address) (City, State, & Zip) (Area Code/Telephone) Washington Forestry Consultants, Inc. Page 4 5309 ShilshmAvenue mw Suftemm Seattle, mm98107 206.789.9658 2061894684 City of Tukwila Justice Center Project Cultural Resources Services Scope of Work (September 24, 2018) Project Description: On behalf of the City of Tukwila (City). Shiels Obletz Johnsen (SOJ) is proposing to develop ajustice center located at Tukwila InternationaBoulevard and South |5O«Street, inKingCounty, The proposed project consists ofconstructing mn upproximamc|�47,2OO- quore hm{ building to house YheCi1y's Police Depurtmcnt, Municipal Court. and Emergency Operations Ccn/cr. TheCity iuinthe process ofacquiring ninc(4) properties for the Project (Tax Parcels #0O4|0005|5,OO4)U005|4.004|0OO480.004|0O04A4,O04|0OO5|], 004|OOO5)6,OO47UV05|7,O84|80O]]5.and 004|UO033U). I-heproject issubject tothe State Environmental Policy Act (SEPA)and u GEPA checklist has been prepared. SOU/City has requested cultural resources services for the proposed project 10meet 6EPArequirements. Scope of Work: The Scope o[Work mbcconducted hyESA includes three (])tasks: Task 1: Inadvertent Discovery Plan(KDP) £Q& will prepare an inadvertent discovery plan (/Dp) for City personnel and contractors m use during construction of the Project. This assumes the 8EPA Responsible Official will not require archaeological monitoring urapmzmnytrucdonsurvey. Deliverables: Inadvertent Discovery Plan (draft and final: submitted as pdf)—onemundoyeditsun Budget: $|,20Oflat fee Task 2: Orientation with Contractor. ESA will conduct one pre -construction orienouiononaiwc in Tukwila with the construction project manager. contractor, and leads wyany 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. Budge $38Oflat fee Task 3:Inadvertent Discovery Assistance (Contingent). Task 3iaall |D!0(not (oexceed $3,0O0)k`assist inthe event ofuninadvertent discovery. Use nffunds for Task 3 will require notice hoproceed (NTP)from SCUACityofTukwila. and will bebilled onutime and materials basis. Additional services in excess of $3.000 will require an amendment tothe contract. Tusk 3 will be used as o contingency in the instance ufinadvertent discoveries only. If no inadvertent discoveries are reported, then no funds will be used Gnmthis task. Schedule: Schedule will be determined once NTP has been received. Budget: $3.0OU(uontingen) Cost Proposal: ESA estimates that the sum ofS|.50Owill berequired tocomplete Tasks land 2usdescribed of agreement by both ESA and SOJ/City concerning revisions to the scope of work and additional compensation, if necessary. 16oi rinh Avonw- Sw(c 1600 Soaltlo, WA 98101 ? 0 6 622. SK) 2 k pf VC r i I I AGREEMENT FOR PROFESSIONAL SERVICES DATE. JOB NUMBER: CLIENT. December 20, 2018 1700643 9jRj=, PROJECT NAME: Tukwila Justice Center RE. Additional Service #2 — SWPPP, NOI and Contaminated Soils SCOPE OF SERVICES As previously discussed, we submit this additional service proposal to prepare the pre - construction SWPPP report and assist the City of Tukwila in filing the Notice of Intent with Department of Ecology. KPFF will also include contaminated soils information in the SWPPP report and contaminated runoff discharge limits on the TESC plan. Pre -construction SWPPP Report KPFF will lead the preparation of the SWPPP report. The SWPPP report is a "living" document that must be updated throughout construction. Our effort will be limited to the pre -construction phase. We assume that BN Builders will be available to provide input on the construction schedule and BMP selection during pre -construction. At the start of construction, BN Builders will assume control of the SWPPP report and will be responsible for making updates. The SWPPP report will list BMP options for contaminated soil runoff such as BMP C250: Construction Stormwater Chemical Filtration; however the contractor (or their sub -consultant) will be responsible for designing the treatment BMP's to meet discharge requirements. We assume SoundEarth Strategies will be available to provide existing site contaminant information as needed for the SWPPP report. Notice of Intent KPFF will support the City of Tukwila in filing the Notice of Intent (NOI) application with the Department of Ecology. The NOI application is required for any site that disturbs more than one acre of soil to obtain construction stormwater permit coverage under the state Construction Stormwater General Permit. Specifically, KPFF Will provide site acreage, existing site condition, and receiving water information. We assume the City of Tukwila or BN Builders will act as the permittee and will lead the NOI effort. KPFF will not be responsible for advertising public notices. Page 1 of 1 Contaminated Solis — TESC and Demo Plan Information Per our conversation with Ethan Bernau, a bid allowance will be allocated for contaminated soil removal during construction and a unit price will be provided with the contractor bids for soil removal above the allowance. The full extents and methods for contaminant remediation will be determined by SoundEarth Strategies in the field during construction. There will not be any further site investigation prior to construction. Since the full extent of remediation will be determined in construction, KPFF will identify the approximate areas of expected contamination on the TESC and site demolition plans based on input from SoundEarth Strategies. The TESC plan will also identify stormwater discharge requirements for potentially contaminated runoff. These requirements will be coordinated with authority having jurisdiction over the storm drain or sewer main proposed for contaminated construction stormwater discharge. We assume that the contractor will provide all required water quality treatment design for construction stormwater and will obtain the required permits for the temporary stormwater discharge. Following the remediation effort, we assume SoundEarth Strategies will submit to Ecology to request a No Further Action determination on behalf of City of Tukwila. FEE We propose to accomplish the above scope of work for a lump -sum fee of $11,700 in accordance with our current contract with DLR Group: Offered By (KPFF, Inc.) Accepted by (DLR Group) (Signature) (Signature) Michael Herseth, Civil Engineer (Print Name/Title) (Print Name/Title) Page 2 of 2 IN City of Tukwila Agreement Number: 17-1576k) 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Amendment No. 2 Between the City of Tukwila and DLR Group, Inc. That portion of Contract No. 17-157 between the City of Tukwila and DLR Group, Inc. 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. 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. a) Prepare SEPA checklist for City of Tukwila Justice Center Section 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 Exhibit "A" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $3,121,309 (including estimated expenses) without express written modification of the Agreement signed by the City. a) The total fee for the additional design services related to SEPA will be $21,395. All other provisions of the contract shall remain in full force and effect. 4 V\ I-,- Dated this day of -e-,Q � 'k vv\- -k r 2018 It CITY OF TUKWILA Allan Ekberg, Mayor Attest/AuXhen,t_ica Christy -O'Flgerty, City Clerr CA Revised December 2016 =4 "S Print ' Nam' Cori Coppenrath, Principal Ar. as F Office of the City Attorney 0 (- � ) -k'- V" &\ 'S Page I of I �� �����U �������U8�� ���K���..�= Architecture Engineering rlam^mu /ms/m, 51University Street, Suite 600 Seattle, WA 98101 Justine Kim Shie|aONetzJohnsen 10lYeo/erWay Suite 0O6 Seattle, WA 98104 Project Name: City ofTukwila Justice Center DLR Group Project No.: 73-17158-00 Re Design Services Proposal - Additional Services #2 Dear Justine: Per your request, this letter will serve aaour proposal for preparing the SEPA Checklist for the City ofTukwila Justice Center in Tukvv|/o' WA. We appreciate the opportunity tocontinue todevelop this project andenouneitrnee1atherequ|/grnentu Vfthe City. The process for SEPAwill follow the SEPARequirements ofVVAC197- 1dated2018. The schedule will be coordinated with the overall schedule provided by SOJ and concurrent to the design of the Justice Center. The scope of services provided in the additional services include the following: DLR Group A, remaining B's. [:. [A $ 9.500 KPFFConsulting Engineers (Sections B1.B3.and B1O) $ 3.500 Fehraand Peers, Traffic Consultant (Section B14) $ 4.450 Total additional service $21,395 This project will include support services for A0Aaccessibility review bvKaren Braitmayer for the site amenities. The ADA services will be provided as time and materials tothe project vvithonhour|yfaenottoexoeed$8.00O.|fthmaoopuof services reaches $8,000, we will review additional needs and provide an additional service. The remainder of services will be a lump sum amount to match the contract for the base services. Should the City request public hearings, this may be added to this additional service �.�. anrequired. Toprepare presentation materials and attend ehearing, the additional cost would be $3,500 plus reimbursable costs for printing supplies or exhibits. The total fee for the additional design services described above is twenty one thousand three hundred ninety five dollars and zero cents ($21,395.00). SLmtHemmlocations worldwide Justine Kim August 28, 2018 Page 2 Thank you for the opportunity to provide this proposal for additional services, and we look forward to our continued partnership with City of Tukwila. Sincerely, DLR Group Erica Loynd Senior Associate Encl: Consultant proposals cc: Ethan Bernau File I .......... 1601 Fifth AvenLA`, Suite 1600 Seattle. WA 98101 2%622.5822 kptf.corn AGREEMENT FOR PROFESSIONAL SERVICES JOB NUMBER: [#1AF1#,k"JrA June 1, 2018 1700643 zzi=, PROJECT NAME. Tukwila Justice Center RE. Additional Service #1 — SEPA SCOPE OF SERVICES As requested, we submit this additional service proposal to prepare SEPA responses to civil engineering items in the SEPA checklist. Specifically, KPFF will provide lead coordination for sections B.1-Earth, B. 3-Water, and B. 16-Utilities, formulating responses and coordinating with other disciplines, as needed. As required for B.1-Earth, we will complete earthwork quantities and compute the total area of disturbance for the project. KPFF will also support DLR Group in the development of responses for other sections. ASSUMPTIONS • The Geotechnical Engineer will be available for coordination regarding soil and groundwater. • The Traffic Engineer will provide responses to Section B. 14- Transportation. FEE We propose to accomplish the above scope of work for a lump -sum fee of $3,500 in accordance with our current contract with DLR Group: Offered By (KPFF, Inc.) �� Mll�� (Signature) Michael Herseth, Civil Engineer (Print Name/Title) Accepted by (DLR Group) (Signature) (Print Name/Title) Page 1 of 1 2144 VVest|eke Ave. N. Suite F a 5oat |e' VVAP81O9 Erica Loynd OLRGmup 51 University Street, Suite 600 Seattle, WA 98101 Re: Accessibility Consulting Services for the Tukwila Justice Center Parking ("Project") Dear Erica, Karen BraitmayerFA|A("Consultant") is pleased to present this proposal to the DLR Group ("Client") for on -call ocoeeoibi|hx consulting services for your office on an "as - needed" basis for the new Tukwila Justice Center located International Boulevard & m Street in Tukwila. I Scope of Basic Services Consultant proposes to perform the following scope of services as Basic Services on an Ao'Needed.As-Requested basis: A. Review conceptual site drawings provided by the Client to assess accessible route and parking options. B. Participate in a meeting with the planning department to discuss their concerns. C� Respond toquestions posed byClient boConsultant. O. Review Documents provided by Client for compliance with the listed codes. Provide written summary and/or drawing mark-ups illustrating findings. E. Meetings with the design team todiscuss issues pending onthe Project. F. Other consulting research or reports not specifically listed above, including on -site construction vvm|kthrougha. U Fee Schedule Consultant proposes to perform the Basic Services solely upon the Client's request and at our hourly rates not to exceed Eight Thousand Dollars ($8.000.00). The following are Consultant's hourly rates. Category/ Level of Service Hourly Rate Principal — Accessibility Consulting $250 Staff -- Accessibility Consulting $175 Administrative Support $80 The above rates are subject tochange sdthe beginning of each calendar year. Travel time is billed at 100% of the hourly rate of pertinent staff level. Invoices will be monthly progress billings and are due upon receipt. Invoices will earn interest ndone percent per month when not paid within 3Odays. Reimbursable expenses include travel outside ufthe Seattle Metro area, printing and reproduction, and delivery services. These reimbursable expenses will babilled at 110% of cost incurred. |U Assumptions Consultant will rely upon the construction guidelines of the Americans with Disabilities Act (ADA) Standards for Accessible Design as revised as of September 15, 2010 (2010 ADA).the VVAState Building Code (2O15IBC with |CC/ANS|A117.13UOS)and the Fair Housing Act Guidelines (referred toherein collectively asthe "Listed Codes") for purposes Ofits review and recommendations. Consultant will review the Project doounnantaUonhodetonnineenyereaoofnon' cornp|ianmavviththe Listed Codes. The deliverable may be detailed report in spreadsheet format along with an executive summary narrative. A multi -stage review (such as at 50% DD and 95% CD phase) is recommended to allow the Consultant to confirm previously identified areas of non-compliance are resolved and to review for details shown only inlater documentation. The Architect ioresponsible for resolving any areas of non-compliance identified and altering the plans to reflect those changes. Consultant shall use reasonable care consistent with other design professionals in interpreting and designing in accordance with the Listed Codes. It is the Client's responsibility to furnish relevant HARD COPY Project Documents (preferably in HALF SIZE for drawing sets) to Consultant for review, including Project Documents showing parking areas and walks, dwelling units and dwelling buildings, common areas, amenity buildings such as clubhouse and leasing center, garages, trash facilities, mail kiosks, pool areas, other amenity areas, and utility structures. It is in the Client's best interest to provide a minimum of two weeks notice for scheduling of site visits. Consultant will endeavor to accommodate Client's timing for all site visit requests. Consultant will provide reports within 7 business days of the site visit. IV Limits The American With Disabilities Act and other similar state accessibility laws and statutes ("Handicap Accessibility Levvn^\ place accessibility and usability requirements onthe Project. Some of the constraints are managed by following the Listed Codes and some of the constraints are aapirationa| and do not readily translate into Project design advice. The Client acknowledges and understands that portions ofthe Handicap Accessibility Laws are subject to various and possibly contradictory interpretation. Finally, compliance will involve factors beyond the control of the Consultant such as changes inuse ofthe completed Project. Limitation of Liability |nrecognition of the relative risks and benefits of the Project to both Client and Consultant, the risks have been allocated such that the Client agrees, to the fullest extent permitted by |avv' to limit the liability ofConsultant to the Client for any and all c|airno. |ooaea, ooato, damages or claims expenses (including mUorney'ofeee and expert -witness fees), so that the total aggregate liability of Consultant to the Client shall not exceed the amount of compensation paid to Consultant for Basic Services and any Additional Services related tothe Project nnukUpUedbvfive. The types oyclaims towhich this limitation applies include claims based on professional errors and omissions, rne|pnaodca, neg|iganmy, breach of contract, breach of expressed or implied warranty, indemnity and contribution. Waiver of Consequential Damages The Consultant and Client waive consequential damages (such as lost profits, lost revenues, loss of use and loss of reputation) for claims, losses, costs, or damages relating to this Agreement whether arising in tort or contract. Design and Construction iebvOthers Consultant shall have noresponsibility for designing anyaepectoftheP joctexoeptfor accessibility and then only when Consultant has provided drawings. Consultant shall have no liability for any acts or omissions of Client or any construction contractors. V Summary VVeappreciate the opportunity topresent this proposal, Erica. Kthis proposal ks acceptable, please sign below and forward msigned copy toour office. The signed and accepted proposal will constitute the complete agreement between our firms respecting the Project, auparoadingu||previouoreppooenbadons.negmtiationaondcornnnitmente. Please feel free to call and discuss any questions you may have. Sincerely, Studio Pacifica, LTD OBA Karen BmaitmoymrFAKA Karen L. Braitmayer, FAIA, President Signed for the DLR Group: Signature date Print name FEHR,t PEERS August 3,2O18 Erica Loynd DLRGmup 61 University St, Suite 600 Seattle, VVA981O1 Traffic Impact Analysis for Tukwila Justice Center Dear Ms. Loynd: Fehr & Peers is pleased to submit this drat scope and fee for preparation of the transportation section of a SEPA checklist for the [hv of Tukwila Justice Center. The Tukwila Justice Center will include the [ity's police department emergency operations center, and municipal court. This proposal is based on correspondence with you dated July 30, 2018 and on our experience on similar We will perform the Scope of Work described in Attachment A on a time-and -materials basis fora maximum cost of 84,450 (nut to be exceeded without written authorization). Should the level of effort increase or our attendance at meetings require additional staff time beyond the hours that have been budgeted for, we will request a contract amendment and complete any additional work on a time-and -materials basis per our Current Hourly Billing Rates (Attachment B) only upon your written authorization. If you agree with these terms please countersign below and return a copy of this letter. We have attached our Current Hourly Billing Rates which will be applied to this contract. We appreciate this opportunity to assist DLRGnoup on this project and we look forward to working with you. Please call oremail with any questions at206-576-4248or a.davisno fehrandpeers.corn. En�aLc.nJ ['aue2o(� Ahel Davis,N[P Associate Attachments: Scope of Work and Cost Estimate Currently Hourly Billing Rates ACCEPTED BY: Signature: — Name: Tide Company: __ ATTACHMENT A:SCOPE DFWORK Fehr & Peers will provide written responses to be used for Section 14 Transportation of the SEPA Checklist. This will include: ° Summaries of the existing transportation conditions of the proposed site including the adjacent roadway system and public transit services. ° Summary ofthe pnoject'sproposed changes toparking space provision and improvements tothe surrounding transportation network. w Estimate cfdaily vehicular trips generated by the proposed project. Fehr fk Peers will review information provided by DLR Group regarding how many people will visit each facility type on atypica| day and compile total daily trip generation estimate. This scope does not include any additional data collection ortraffic analysis. Task 2 — Meetings ° Fehr& Peers will attend one meeting with D0Group and/or the City of Tukwila. Cost Estimate Sr Engineer Direct Task Associate Engineer Admin. Total Labor Planner Costby Planner Task Preparation $3,840 Total -11 Labor $4,285 Direct Costs (communications, repro, etc.) $165 Direct Costs (traffic counts) Total Direct Costs $165 Total Cost $4,450 FEHR,tPEERS 2018-2019 (July 2018 through June 2019) Hourly Billing Rates Classification Hourly Rate Principal $225.00 - $335.00 Senior Associate $170.00 - $335.00 Associate $155.00 - $240.00 Senior Engineer/Planner $130.00 - $190.00 Engineer/Planner $115.00 - $160.00 Senior Engineering Technician $140.00 - $190.00 Senior Project Accountant $150.00 - $155.00 Senior Administrative Assistant $110.00 - $155.00 Administrative Assistant $85.00 - $150.00 Technician $110.00 - $140.00 Intern $90.00 - $105.00 • Other Direct Costs / Reimbursable expenses are invoiced at cost plus 70% for handling. • Personal auto mileage is reimbursed at the then current IRS approved rate (54.5 cents per mile as of Jon 2018). • Voice & Data Communications (Telephone, fox, computer, e-mail, etc.) are invoiced at cost as a percentage of project labor. Fehr & Peers reserves the right to change these rates at any time with or without advance notice. 17-157(a) Council Approval 8/6/18 FIRST AMENDMENT TO CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIGN AND PLANNING SERVICES FOR TUKWILAJUSTICE CENTER PROJECT This First Amendment (the "First Amendment"), effective as of 2018 (the Effective Date"). is entered into by and between CITY OF TUKWILA, WASHINGTON and DLR GROUP, INC. This First Amendment is an addition to and modifies the Consultant Agreement for Architectural Design and Planning Services between the parties dated v 'I , 201 IV (the 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. Compensation. Architect's compensation for the Project shall be increased by a net total of Nine Hundred Fifty -Three Thousand Eight Hundred Thirty Dollars ($953,830). Accordingly, Architect's total compensation for the Project will not exceed Three Million Ninety -Nine Thousand Nine Hundred Fourteen Dollars ($3,099,14), as further described in the Design Services Proposal — Additional Services #1 dated July 2, 2018, which is attached as Exhibit A and incorporated by this reference. All provisions of the Agreement referring to Architect's compensation, including Exhibit A Article 11, shall be revised accordingly. 2. 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 TUKWILA Allan Allan Ek erg, Mayor -7- 16 gy Attest/Authent' ted: City Clerk, ChriftyO' laherty DLR CROUP, INC. By: (Sit t t. 11re) ame: Title: Approved as �torm: Office of the CK_Atto`rne., {Al-"1'1755489,I)OC',1/05720,000002/ ) ��y�������U�� ��/_o`v Group n !'L",�.=' s*,uu, July l2Ol8 Justine Kim Shie|aOb|etzJohnsen 101 Yen|erWay Suite 6OO Seattle, WA 98104 Project Name: City ofTukwila Justice Center DLRGroup Project No.: 73-17158-00 Re: Design Services Proposal — Additional Services #1 Dear Justine: This letter will serve asour proposal for Additional Professional Services for the City ofTukwila Justice Center inTukwila, WA. The initial scope ofservices was based onthe bond proposal scope nf $l4.hmillion dollars maximum allowable construction cost (MACC) and 45,500 square feet. The MACC provided in the request for proposals equals a cost of $321 /sf. The MACC was used in calculations in the Washington State Fee Schedule matrix to determine the initial design services fee. AJthe outset ofthe project, DLRGroup providedacost estimate ofregional and national police facilities indicating the assumed cost per square foot in the bond was inadequate for the current construction climate. During program verification, the team worked with City of Tukwila to determine the programs and department needs for this facility. This information was provided to our cost estimator to verify the criteria, and confirmed the facility budget needs to be similar to other facilities' MACC. The costs have also been confirmed with the Schematic Design estimates performed bythe 8C/CKX.BNBui|dero.and RoenAssociates. The MACC is directly used in the fee proposal matrix in the Washington State Fee Schedule. This additional service indicates the adjustment tothe design fees associated with this change in budget. This was anticipated by the design team, and reassessing this fee following the estimate was required for our feasibility. These factors may be addressed in subsequent additional services should they be confirmed in our investigations. These include but are not limited to the following: = Hazardous ground contamination ° Soil conditions requiring more intensive structural ayntennm ° On -site u\ormwaterdetention requirements ° Poor soil requirements that require significant cut and fill Justine Kim July 2,3018 Page 2 The schematic design astimaUehooindioatedono\aforbuUdingoonditionowehavo evaluated and shall include in the final design. These items include but are not limited tothe following: " Building program components for a47,2OOSFfacility ° Site conditions based onselected site ofTukwila International Boulevard and Sl5OmStreet o Site security (fencino) o Covered parking structure (no structured parking) o Site demolition ofbuildings and structures onthe selected site o Site development of the selected site ° l8month construction schedule from March 2Ol9through Fall 2O2O. The total Direct Construction Cost (DCC)for these components io$23,225,3O8in lieu of$l4.6million from the bond measure. Inputting this factor into the Washington State Fee Schedule modifies the design services fee as follows: Basic Services per State ofWashington Fee Guidelines July 2Ul5Version onaproject ocnpeof $28.121.549(K8ACC)Sphedu|oV� a\ Base A&Efee including interiors C 2'248'83O Additional Services per State of Washington Fee Guidelines b) [COMPLETE] Space Programming and Pre -Design Service $150,000 o) interior Furnishings, FF&E,U.S.Communities Program S 54,000 Deoign&purchasing schedule only - d) Cost Estimating Services (PD, SD, DD phases, CD GC/CM reconciliation) $ 49,250 e) Additional OnSite CAPhase Representation $ 69,000 (Basic Services includes Bi'month|y. Addition Services Would result inweekly) f) Renderings &Models Included g) Security Electronics Systems and Detention Equipment $ 40,000 h) Participation in commissioning program managed by others i) Civil Engineering Consultant; on site & off site j) Landscape Consultant k) GC/CM Coordination $120,000 Justine Kim Ju|y2.2OlD Page U Acoustical Design S 35,000 nn)As-built record drawings 24,000 n\ Value analysis 24'000 Subtotal Additional Services $745,250 o) DLRGroup Reimbursable Costs, Design Printing, Mailing. 71,400 Note: Expenses will bebilled inlump sum billing o) ULHGroup Consultant Markup (10%) 34,426 Note: DLRGroup does not require markup on DLHGroup integrated design team Services by Others, not included in DLR Group contract scope unless designated otherwise o)Independent Commissioning program kJwner'sconsultant) dLEEDCertification fee and documentation (Owner project 000t) a> Site Survey (Owner project cou!) 1)Geoteohnics|survey, design letter and inspections (Owner project oomt) u)Testing and balancing (Owner project oont) v)Hazardous Materials study & abatement (Owner project oost) wATraffic Consultant (Owner project cost) x> Building Envelope Design (Owner project cost) Revised Total Design Services Previous Total Design Services Total Additional Service 01 Additional Services Scope: The additional service for the City ofTukwila Justice Center project deenribed above and inclusive ofall direct labor costs, indirect labor costs, and other direct costs incurred byDLRGroup and our consultants, imalump sum amount ofnine hundred fifty three thousand eight hundred thirty dollars ($963,O3O). The fee iaderived based onthe current Washington State Guidelines for Determining Architect/ Engineer Fees for Public VVVrkoBui|ding Projects. As we proceed through Design Development, additional services may be required for site development noted above once the assumptions are proven relevant to the design. During Predesign, SOJ requested additional scope to the cost estimator's services (RoenAssociates) and noted anadditional service would bewarranted, $3/)9g'Ql4 $2'l4fiO84 Justine Wm July 2,2078 Page 4 Thank you for the opportunity to provide this proposal for additional services, and we look forward to our continued partnership with City of Tukwila. Si DLR Group Erica Loynd Senior Associate Enc:Cost Estimate dated 4/27/2Ol8 cc: Erica Loynd ElhenBernau Schernatic Design Cost Estimate BNBuilders Estimate Adjusted Estimate Existing Building Demolition $ 498,910 $ Excluded Hazmat (Allowance) 500,000 $ - Excluded Justice Center Building $ 17,086,906 $ 17,086,906 Unsuitable Soils (Allowance) $ 500,000 $ - Excluded Contaminated Soils (Allowance) $ 275,000 - Excluded Sitework $ 5,666,497 5,666,497 Right -of -Way Improvements $ 471,905 $ 471,905 Direct Construction Cost (DCC) $ 24,999,218 23,225,308 Design/Estimating Contingency $ 2,224,519 2,224,SI9 Escalation $ 1,931,898 $ 1,931,898 Negotiated Support Services $ 1,762,449 $ - Excluded Trade Package Bonds $ 437,335 $ - Excluded MACC Contingency $ 739,824 $ 739,824 Maximum Allowable Construction Cost (MACC) 32,095,243 $ 28,121,S49 U Pre -Design Budget Comparision All"il ROM MIMMEMOMM City of Tukwila Contract Number: 17-157 Contract Appoval 8/21 /17 • 6200 Southcenter Boulevard, Tukwila WA 98188 CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIGN AND PLANNING SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and DLR Group inc., a Washington corporation, 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 Justice Center Project. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibits A, B, and C 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 A, B and C attached hereto, provided that the total amount of payment to the Consultant shall not exceed $2,146,084 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. / 51)oC 3 lGin/ 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 reasonable attorney fees and litigation costs to the extent recoverable under applicable law, to the extent caused by 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. 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 less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA revised: 4-2017 Page 2 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 affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. CA revised : 4-2017 Page 3 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: DLR Group inc. 51 University, Suite 600 Seattle WA 98101 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 expressly inconsistent with Exhibits A, B and C, the provisions in this Agreement shall supersede those contained within Exhibits A, B and C. CA revised : 4-2017 Page 4 DATED this day of, ,___m� , 20� CITY OF TUIKWILA , . CONSULTANT e� By: — Allan E erg, Mayor Printed Name: �"'► Title: PAti.. I V i c ('FSOk-yT: Attest/Authenticated. Approved as to Form: City Clerk, Christy O' laherty Offs of the City Att rney CA revised : 4-2017 Page 5 EXHIBIT A - PROPOSAL DLR Group-. Architecture Engineering Planning Interiors 51 University Street, Suite 600 Seattle, WA 98101 July 27, 2017 Justine Kim Sliiels,Obletz Johnsen 800 5th Avenue Suite 4130 Seattle, WA' 98104 justinek@sojsea.com Project Name: City of Tukwila Justice Center DLR Group Project No.: TBD Re: Design Services Proposal (revised) Dear Justine: This letter will serve as our proposal for Professional Services for the City of Tukwila Justice Center in Tukwila, WA. The scope of services is based on providing design services for a new center for police, court, and EOC colocation, with an approximate square footage of 44,100 GSF and an estimated construction budget of $14,600,000 (MACC). The MACC provided in the request for proposals equals a cost of $331 /sf. The MACC was used in calculations in the Washington State Fee Schedule matrix. This Professional Services Agreement is a proposal for the Scope of Services outlined in the Professional Services Agreement. During pre -design phase, we will work with the City to identify multiple factors which may determine parameters above and beyond assumptions used for this proposal. This proposal shall be based on the information known at this time in lieu of factoring more extreme assumptions, and we will work with the City to revise the scope of services through additional services as necessary should factors significantly change the scope of the project. ; Assumptions included in this proposal include the following: • Initial program documents that will be verified in pre -design include Police, Court, and EOC totaling 44,100 GSF. • Site to be selected will be an urban, previously developed site in the City of Tukwila with utility connections and standard site infrastructure available. Wetland mitigation and flood plain design and development are not . . considered a factor on a previously developed site. • The project is not required to be certified for LEED, WELL Building, or equal certification process. Design strategies for sustainability will be implemented as standard practice, but certification documentation is not included. :::::'.'::.: Seattle and locations worldwide Justine Kim July 27, 2017 Page 2 • The project will be provided with GCCM project delivery. GCCM shall be brought onto the project by the beginning of Design Development Phase. Basic Services per State of Washington Fee Guidelines July 2015 Version on a project scope of $14,600,000 (MACC) Schedule'A' for a Fire and Police Station a) Base A&E fee including interiors $ 1,295,000 Refer to attached tables for fee distribution by Phase. Additional Services per State of Washington Fee Guidelines b) Space Programming and Pre -Design Service (landscape & civil included) $150,000 c) Interior Furnishings, FF&E, U.S. Communities Program $54,000 Design & purchasing schedule only - purchasing and installation by Owner d) Cost Estimating Services (PD, SD, DD phases, CD GC/CM reconciliation) $49,250 e) Additional On Site CA Phase Representation $69,000 (Basic Services includes Bi-monthly. Addition Services would result in weekly) f) Renderings & Models Included • - g) Security Electronics Systems and Detention Equipment $40,000' . h) Participation in commissioning program managed by others $40,000 : i) Civil Engineering Consultant; on site & off site $120,000: . j) Landscape Consultant $100,000. k) GC/CM Coordination $40,000 1) Acoustical Design $3.5,000 m) As -built record drawings $24;000 n) Value analysis $24000: Subtotal Additional Services $ 745,250 o) DLR Group Reimbursable Costs, Design Printing, Mailing. $-.-71.409 Note: Expenses will be billed in lump sum billing Justine Kim July 27, 2017 Page 3 p) DLR Group Consultant Markup (10%) $ 34,425 Note: DLR Group does not require markup on DLR Group integrated design team Services by Others, not included in DLR Group contract scope unless designated otherwise q) Independent Commissioning program (Owner's consultant) -- r) LEED Certification fee and documentation (Owner project cost) — s) Site Survey (Owner project cost) -- t) Geotechnical survey, design letter and inspections (Owner project cost) -- u) Testing and balancing (Owner project cost) — v) Hazardous Materials study & abatement (Owner project cost) -- w) Traffic Consultant (Owner project cost) — x) Building Envelope Design (Owner project cost) -- Grand Total Design Services Professional Services Scope: The fee for the City of Tukwila Justice Center project described above and inclusive of all direct labor costs, indirect labor costs, and other direct costs incurred by DLR Group and our consultants, is a lump sum amount of two million one hundred thousand forty-six hundred eighty-four ($2,146,084). The fee is derived based on the current Washington State Guidelines for Determining Architect/Engineer Fees for Public Works Building Projects. $2,146,084 Thank you for the opportunity to provide these professional services, and we look forward to our continued partnership with City of Tukwila. Sincerely, DLR Group William J. Valdez Principal in the Firm Encl: Consultant Proposals; Washington State Guidelines for Determining . • Architect/Engineer Fees for Public Works Building Projects cc: File . • . • 1601 Fifth Avenue, Suite 1600 Seattle, WA 98101 206.622.5822 kpffxom August 8, 2017 Ms. Erica Loynd, AIA DLR Group 10230 Northeast Points Drive Kirkland, WA 98033 Subject: Tukwila Justice Center Proposal for Civil Engineering Services Dear Erica: We are pleased to submit this proposal to provide civil engineering services for the Tukwila Justice Center. Our scope of work is based on your emails defining scope of work prior to this letter date. PROJECT DESCRIPTION We understand the proposed Justice Center will be located in the City of Tukwila on one of various sites to be determined as a result of the City's site selection process. The proposed building is approximately 42,000 square feet with a project site of approximately 4 - 6 acres, The Maximum Allowed Construction Cost is currently budgeted at $14.6 million. The project will be constructed with a General Contractor/Construction Manager contract with SOJ as the owner's representative. SCHEDULE We understand the preliminary schedule is as follows: Predesign Schematic Design Final Bid Construction Completion SCOPE OF WORK PREDESIGN August— November 2017 December 2017 December 2018 December 2020 We will support the DLR team in the site selection process providing a civil systems narrative addressing earthwork, drainage, water and sewer utilities, site access, and frontage improvements, This will require a site visit, research, and dialogue with stakeholders. We will participate in one client presentation. Ms. Erica Loynd, AIA August 8, 2017 Page 2 SCHEMATic DESIGN • Participate in four team coordination Go -To meetings (one hour each). • Participate in one client presentation. • Connect with the City of Tukwila Public Works, Valley View Sewer District, and Water District No. 125 to determine their site -specific requirements for development. • Prepare a comprehensive civil site plan and basis of design narrative. The purpose of this plan is to identify all proposed civil elements and have enough design to provide quantities for cost estimating, site layout decision making, and to address potential issues. • Preliminary Drainage Report for review by the City of Tukwila. • Prepare truck turning studies outside building as necessary. DESIGN DEvELOFMENT - CONSTRUCTION CLOSEOUT We will prepare documents for review, permitting, bidding, and construction. Our plans and specifications will include erosion control, demolition, horizontal control, grading, paving, utilities, and storm drainage. We assume the following submittals will be required: • Design Development (50% and 95%) • Construction Documents (50%, permit and bid) As -built Record Documents Other tasks and deliverables anticipated at this period include: • Prepare Storm Drainage Technical Information Report for submittal to the City of Tukwila. • Respond to design review comments from the stakeholders. • Participate in informal value engineering and/or cost reconciliation efforts as necessary to support project budget goals. • Participate in two client presentations. • Participate in weekly team Go -To meetings through design as necessary. Ms. Erica Loynd, AIA July 27, 2017 Page 3 Our construction support level of effort is provided on an on -call basis. We are not budgeted for full-time on -site observation. Our construction support tasks include: • Participate in on -site visits as necessary to support the construction of civil plan elements, such as preconstruction meetings, weekly meetings (with specific civil issues), site progress observation, or addressing unknown conditions. • Conduct a final site walkthrough and prepare a punch -list and a follow-up back -punch after GCCM has addressed the punch -list. • Review submittals and respond to requests for information (RFls). Provide construction support, including clarification via telephone of our contract documents. Review change orders and substitution requests. • Draft construction as -built record documents based on clearly readable redline mark-ups from contractor. INFORMATION REQUIREMENTS • Topographic and utility survey in AutoCAD format, 2015 version or later. Survey shall also conform to the drafting standards required by the jurisdictional authority as well as meet the requirements of the attached KPFF Request for Survey Information dated January 23, 2015. The surveyor shall also provide a Flood Elevation Certificate at schematic design, if necessary. • Geotechnical report with recommendations for earthwork, pavement, subdrainage design, and soil infiltration rates. • DLR/Swift will provide a site plan in AutoCAD format for our use as a background for our civil design. Site plan shall include building, parking, roads, walkways, ADA path of travel, planters, loading dock, etc. ASSUMPTIONS • The selected site will have adequate and adjacent storm, sewer, water, and gas utility main capacity to serve the proposed development. • Electrical engineer will provide lead coordination with utility purveyors to determine power and communication infrastructure requirements. KPFF will provide plan and profiles for routing on -site power and communication ductbanks for coordination with other utility systems (not including site lighting) based on design by electrical engineer. Off -site power and communication infrastructure is not required. • Electrical engineer will provide design for electrical demolition. • Swift will provide grading design through Design Development and KPFF will assume control over grading at Construction Documents. Ms. Erica Loynd, AIA July 27, 2017 Page 4 • Swift will document pedestrian paving and KPFF will document vehicular paving. • KPFF will provide horizontal control to tie building gridlines to survey monuments as well as vehicular paving limits, parking, and curbs adjacent to vehicular paving. • KPFF will prepare off -site sidewalk improvement plans from curb to property line to City Standards. Swift will provide landscape, irrigation, and non-standard sidewalk design. Except for new utility service connections, we are not anticipating new road improvements being required. • KPFF will provide hydraulic design for bioretention facilities and/or green roofs. Swift will provide layout and planting design for these facilities. • Our plans and specifications will be stand-alone for erosion control, demolition, horizontal control, grading, paving, utilities, and storm drainage. We assume the GCCM will develop separate or early bid packages by selecting these specific drawings and specifications particular to that bid package. Our scope does not include preparing plans that require overlap, transition design or additional information beyond documenting for one bid package. An example of additional bid package work would be a rough grading plan. We will, however, support the early bid package schedule and coordination needs. EXCLUSIONS • Site wall design • Details for site handrails, ramps, and stairs • Security fencing design • Lift station design (pumping) • On- and off -site lighting design and light pole foundations • Undergrounding of existing overhead utilities in public right-of-way • Floodway compensatory storage design • Turbidity Monitoring Plan • DOE Storm Water Pollution Prevention Plan and Notice of Intent application • Cost estimating • LEED Certification • Formal Value Engineering and Constructability Reviews Ms. Erica Loynd, AIA July 27, 2017 Page 5 FEES We propose to provide the above civil engineering services for the following lump -sum fees, in accordance with the enclosed terms and conditions, which are made part of this proposal. Predesign $ 7,500 Schematic Design 16,000 Design Development — Construction Closeout 116,500 Total Fee Reimbursable expenses are included in the above lump -sum fees for miscellaneous expenses such as courier services, etc. Invoices will be submitted on a monthly basis with payment to be made within 30 days. Thank you for this opportunity to serve DLR Group. If you have any questions concerning this proposal, please feel free to call me at (206) 622-5822. Sincerely, Ar4'..' Martin F. Chase, PE Principal MFC:heh Enclosure 65400 Revised 11/11/13 TERMS AND CONDITIONS KPFF, Inc. ("KPFF") shall perform the services outlined in this agreement pursuant to the stated fee arrangement. 1. Additional Services Should the Scope of Services change from those set forth in the Agreement for Professional Services, the fee for such additional services will be negotiated between Client and KPFF. 2. Limitation of Liability To the greatest extent allowed by law, the aggregate liability of KPFF for any and all injuries, claims, demands, losses, expenses or damages, of whatever kind, arising out of or in any way related to this Agreement or the services provided by KPFF on this project, shall be limited to $50,000 or the total fee received by KPFF pursuant to this Agreement, whichever is greater. Further, no officer, director, shareholder or employee of KPFF shall bear any personal liability to Client for any and all injuries, claims, demands, losses, expenses or damages, of whatever kind or character, arising out of or in any way related to this Agreement or the services provided by KPFF on this project. 3. Mediation All disputes between Client and KPFF arising out of or relating to this Agreement shall be submitted to nonbinding mediation prior to commencement of any other judicial proceeding. 4. Dispute Handling KPFF shall make no claim against Client without first providing Client with a written notice of damages and providing Client thirty (30) days to cure before an action is commenced. The Client shall make no claim either directly or in a third party claim, against KPFF unless the Client has first provided KPFF with a written certification executed by an independent professional currently practicing in the same discipline as KPFF and licensed in the state of the subject project. This certification shall a) contain the name and license number of the certifier; b) specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a professional performing professional services under similar circumstances; and c) state in complete detail the basis for the certifier's opinion that each such act or omission constitutes such a violation. This certificate shall be provided to KPFF not less than thirty (30) calendar days prior to the presentation of any claim or the institution of any judicial proceeding. 5. Suspension of Services If Client fails to make payments to KPFF in accordance with this Agreement, such failure shall provide KPFF the option to suspend performance of services under this Agreement upon seven (7) days written notice to Client. In the event of a suspension of services, KPFF shall have no liability for any delays or damages caused because of such suspension. Before resuming services, KPFF shall be paid all sums due prior to suspension and any expenses incurred by KPFF in the interruption and resumption of its services. KPFF's fees for the remaining services and time schedules shall be equitably adjusted. If any invoice is in dispute, Client shall pay under written protest to keep the project on schedule and resolve the payment dispute after substantial completion. 6. Termination This Agreement may be terminated by either party with seven (7) days written notice to the other in the event of a substantial failure of performance by the other party through no fault of the terminating party. If this Agreement is terminated, KPFF shall be paid for services performed to the termination notice date, including reimbursable expenses due. 7. Ownership of Documents The drawings, calculations and specifications are instruments of service and are, and shall remain, the property of KPFF, whether the project for which they are made is executed or not. They are not to be used on other projects or extensions to this project except by agreement in writing. 8. Contract Administration It is understood that KPFF will not provide design and construction review services relating to safety measures of any contractor or subcontractor on the project. Further, it is understood that KPFF will not provide any supervisory services relating to the construction for the project. Any opinions solicited from KPFF relating to any such review or supervisory services shall be considered only as general information and shall not be the basis for any claim against KPFF. 9. No Third Party Beneficiary Nothing in this Agreement shall create a contractual relationship with or a cause of action in favor of any third party against KPFF or Client. 10. No Assignments Neither party to this Agreement shall transfer, sublet or assign any rights under or interest in this Agreement (including but not limited to monies that are due or monies that may be due) without the prior written consent of the other party. 11. Payments KPFF will submit monthly invoices. Payment is due on the date of the invoice and becomes delinquent one month thereafter. A late charge will be added to delinquent amounts at the rate of one -and -one-half percent (1 '/2 %) for each one month of delinquency (or the maximum allowable by law, whichever is lower). SWIFTCOMPANYLLC July 27, 2017 Ms. Erica Loynd,AIA, WELLAP Architect I Senior Associate DLR Group 51 University Street, Suite 600 Seattle, WA 98101 3131 Western Avenue ` www.swiftcompany.com Suite M423 info@swiftcompany.com Seattle, Washington j TEL 206-632-2038 USA 98121 1 FAX 206-632-2048 RE: Tukwila justice Center— Landscape Architectural Services Dear Erica, The purpose of this letter is to document our discussion this morning regarding a reduction in the project scope of work, the maximum allowable construction amount and therefor a reduction in the services and fee associated with the landscape architecture portion of the project. Per our conversation, Swift Company Ilc will be providing landscape architectural services for the project with a total fee of $123,000.00 based on the information available at this time. We look forward to working with you on this and further conversations as the work plan develops. SYSTEMS DESIGN July 19, 2017 Erica Loynd DLR Group 51 University Street, Suite 600 Seattle, WA 98101 Re: Tukwila Justice Center (Revised) Subject: R&N's Fee Proposal In response to your email we are pleased to submit our fee proposal to provide security consulting design services for the referenced project. It is our understanding that this project is the construction of a 38,100 square foot Police Station and Courts building. This proposal is based on the following scope for the security electronic systems and detention equipment. The services described below would include a 100% set of design documents and construction administration services. 1. Security Electronics Systems: a. Locking Controls. b. Access Control. c. Intercom / Paging. d. Video Surveillance. e. Auxiliary equipment for the above systems to include UPS and Transient Surge Suppression. During the construction document phase of the project R&N will produce a complete specification and prepare a complete set of drawings to include device layout and diagrammatic conduit routing. 2. Detention Equipment: a. Detention Hollow Metal for doors and windows. b. Detention Hardware, including pedestrian circulation gate hardware. c. Security Glass. During the construction document phase R&N will work with the architect to assist in developing the detention door schedule. R&N will review, coordinate, and redline the security door schedule and door/frame elevations to incorporate the security hardware and security glass. Additionally, we will review the door and frame types for proper application and coordination. The architect would develop the drawings of the door and frame elevations and prepare the door and frame schedule for review and red -line by R&N. We would anticipate that our services during the different phases would be as defined below. 615 OAKLEAF OFFICE LN * MEMPHIS, TENNESSEE 38117 TEL 901-309-0115 FAX 901-309-0292 SYSTEMS DESIGN 1. Schematic Design: a. Provide Systems Narrative for the facility. 2. Design Development: a. Provide security electronics device layout on floor plans. b. Provide detention equipment information on drawings or schedules defining the security doors / locks / windows and security glass. c. Provide a specification of detention equipment and security systems equipment at this stage.; d. Our fee includes one (1) trip for client presentation and coordination at this phase. 3. Construction Documents: a. Provide drawings that illustrate the security electronic device layout. The conduit layout for the security systems would be included on the security drawings. As a part of the drawings prepared by R&N, we will include any single line diagrams needed to define the systems configuration. b. Prepare drawings of large scale plans to provide detailed information as required. c. Prepare the specifications for the division 27 and 28 security electronic systems to include Locking Controls, Intercom / Paging, IP Video, and any support auxiliary equipment. d. Prepare the specifications for the division 8 Detention equipment to include detention hollow metal, detention hardware, and security glass. e. Prepare a "control matrix" that would be used by the Security Contractor in preparation of the operation of the system. f. Coordinate with architectural and engineering disciplines. g. Our fee includes one (1) trip for review, coordination, and presentation to the owner. 4. Bidding and Negotiating: a. R&N will assist DLR with a response to any question relating to the above scope of work and prepare addenda items as necessary. 5. Construction Administration: a. Review shop drawing and product data submittals. b. Respond to any RFI relating to the above scope of work. c. Assist in preparation of COR, PR's, or ASI's as needed. d. Review price proposals as it relates to the above scope of work. e. Provide site inspections of the above scope of work to confirm quality of installation of systems and equipment. f. Our fee includes two (2) trips for field inspections and testing of the new systems. Our scope of work includes construction administration services for the security systems and equipment. R&N will assist in providing Quality Control for the project during the construction phase. 615 OAKLEAF OFFICE LN * MEMPHIS, TENNESSEE 38117 TEL 901-309-0115 FAX 901-309-0292 Our fee proposed including expenses to provide the above scope of work is $ 40,000.00. Additionally, our fee proposal is based on DLR furnishing AutoCad or BIM files for our use in developing the drawings. R&N's submission of progress drawings will be by e- mail transmission. All printing cost is the responsibility of the Architect. R&N will furnish stamped and sealed 100% CD Security Electronic drawings. Refer to the attached Certificate of Insurance for our insurance limits provided as a part of this proposal. If additional coverage is required, we would need to adjust our fee to cover the cost. Please contact me if you have any questions. Sincerely, Chris Nielsen, Principal R & N Systems Design 615 OAKLEAF OFFICE LN * MEMPHIS, TENNESSEE 38117 TEL 901-309-0115 FAX 901-309-0292 t Riverside 5hington 99201 Fee Quote Estimating Services Tukwila Justice Center DLR Group Construction Cost Estimates 500 Union Street, Si Seattle, Washington 206 3z Divisions 1 -14, 31-33 Divisions 21-23, 26-28 Hourly Hourly Estimator Hours Rate Extension Subtotal Estimator Hours Rate Extension Subtotal Tc Roger Roen Est 8 $ 125 $ 1,000 Wade Botting 16 $ 125 $ 2,000 Dave Mendez 16 $ 125 $ 2,000 Jerrod Gummer 16 $ 125 $ 2,000 Matt Wiggins 24 $ 125 $ 3,000 Jeff Weaver 0 $ 125 $ - Pre Desi( n $ 6,000 $ 4,000 $ Sign Roger Roen Est 8 $ 125 $ 1,000 Wade Botting 20 $ 125 $ 2,500 Dave Mendez 12 $ 125 $ 1,500 Jerrod Gummer 16 $ .125 $ 2,000 Jeff Weaver 16 $ 125 $ 2,000 Matt Wiggins 28 $ 125 $ 3,500 Scott Neilson $ 125 $ - Schematic Design Estimate 64 $ 8,000 $ 4,500 $ )pment Roger Roen Est 12 $ 125 $ 1,500 Wade Botting 24 $ 125 $ 3,000 Dave Mendez 24 $ 125 $ 3,000 Jerrod Gummer 20 $ 125 $ 2,500 Jeff Weaver 26 $ 125 $ 3,250 Matt Wiggins 40 $ 125 $ 5,000 Scott Neilson $ 125 $ - besign Develo ment Estimate 102 $ 12,750 $ 5,500 $ { w of Roger Roen Est 4 $ 125 $ 500 Wade Botting 16 $ 125 $ 2,000 Dave Mendez 8 $ 125 $ 1,000 Jerrod Gummer 16 $ 125 $ �2,000 Jeff Weaver 8 $ 125 $ 1,000 Matt Wiggins 16 $ 125 $ 2,000 Scott Neilson $ 125 $ - rtruction DocuMents Estirr ate , .; 36, ....: : $ 4,500 ;; $ 4,000 $ 18,000 iciates' fees quoted include sitework, civil, and building estimates. do not include extensive value engineering efforts. EXHIBIT A B101 CONTRACT \�1� ==1'� Document B101TM - 2017 Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the twenty first day of July in the year two thousand seventeen (In words, indicate day, month and year.) BETWEEN the Architect's client identified as the Owner: ADDITIONS AND DELETIONS: (Name, legal status, address and other information) The author of this document hasadded information needed for its City of Tukwila completion. The author may also Boulevard have revised the text of the original ila, W 98ter Tukwila, Tukwila, WA 98188 AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available and the Architect: from the author and should be (Name, legal status, address and other information) reviewed. A vertical line in the left margin of this document indicates DLR Group, Inc. where the author has added 51 University Street, Suite 600 necessary information and where Seattle, WA 98101 the author has added to or deleted from the original AIA text. This document has important legal for the following Project: consequences. Consultation with an (Name, location and detailed description) attorney is encouraged with respect to its completion or modification. 00-00000-SKS City of Tukwila Justice Center Address: TBD The Owner and Architect agree as follows. Init. AIA Document B101 T' — 2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017 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 12:42:52 on 07/27/2017 under Order No.5489623042 which expires on 04/26/2018, and is not for resale. User Notes: (1918399601) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 SUPPLEMENTAL AND 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 ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section I .I I. (For each item in this section, insert the information or a statement such as "not applicable" or "unknown at time of execution.') § 1.1.1 The Owner's program for the Project: (Insert the Owner's program, identify documentation that establishes the Owner's program, or state the manner in which the program will be developed.) Owner's program will be verified from existing program information through Predesign phase of work. § 1.1.2 The Project's physical characteristics: (Identify or describe pertinent information about the Project's physical characteristics, such as size; location; dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site, etc.) Preliminary project size is estimated at 42,000 sf of program space based on project request for proposal. Project will be located within the City of Tukwila, site selection shall be completed by Owner prior to completion of predesign phase of work. Site characteristics listed above shall be provided before notice to proceed into Schematic Design. § 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.1: (Provide total and, if known, a line item breakdown) Estimated budget is proposed based on typical cost per square foot. Current cost per square foot is $420/sf totaling a maximum allowable construction cost (MACC) of approximately $14,600,000. Init. AIA Document B101 T — 2017. Copyright ©1974, 1978. 1987, 1997, 2007 and 2017 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 ar distribution of this AIA® Document, 2 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 12:42:52 on 07/27/2017 under Order No.5489623042 which expires on 04/26/2018, and is not for resale. User Notes: (1918399601) § 1.1.4 The Owner's anticipated design and construction milestone dates: .1 Design phase milestone dates, if any: Commencement of Predesign in August 2017. Commencement of Schematic Design in December 2017 Bid documentation for Construction completion in Winter 2018 Bid negotiations early 2019. .2 Construction commencement date: Construction commencement Spring 2019. .3 Substantial Completion date or dates: Winter 2020 .4 Other milestone dates: Final completion of construction Winter 2020 § 1.1.5 The Owner intends the following procurement and delivery method for the Project: (Identify method such as competitive bid or negotiated contract, as well as any requirements for accelerated or fast track design and construction, multiple bid packages, or phased construction.) General Contractor / Construction Manager (GCCM) in a multiple bid packages in a single phase of construction. § 1.1.6 The Owner's anticipated Sustainable Objective for the Project: (Identify and describe the Owner's Sustainable Objective for the Project, if any.) No official sustainable certification requirements. Initiatives and goals for sustainability will be discussed during design, but certification applications will be an additional service to this contract. § 1.1.6.1 If the Owner identifies a Sustainable Objective, the Owner and Architect shall complete and incorporate AIA Document E204TM-2017, Sustainable Projects Exhibit, into this Agreement to define the terms, conditions and services related to the Owner's Sustainable Objective. If E204-2017 is incorporated into this agreement, the Owner and Architect shall incorporate the completed E204-2017 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. § 1.1.7 The Owner identifies the following representative in accordance with Section 5.3: (List name, address, and other contact information) Shiels Obletz Johnsen 800 Fifth Avenue, Suite 4130 Seattle, WA 98104 § 1.1.8 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 contact information) Shiels Obletz Johnsen 700 Fifth Avenue, Suite 4130 Seattle, WA 98104 § 1.1.9 The Owner shall retain the following consultants and contractors: Init. AIA Document 13101 TM —2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 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, 3 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 t document was produced by AIA software at 12:42:52 on 07/27/2017 under Order No.5489623042 which expires on 04/26/2018, and is not for resale. User Notes: (1918399601) (List name, legal status, address, and other contact information) .1 Geotechnical Engineer: .m .2 Civil Engineer: none .3 Other, if any: (List any other consultants and contractors retained by the Owner.) a. Independent Commissioning Agent b. Surveyor c. Materials Testing Agent d. Hazardous Materials Consultant e. Hazardous Abatement Contractor f. Building Envelope Consultant g. Traffic Consultant § 1.1.10 The Architect identifies the following representative in accordance with Section 2.3: (List name, address, and other contact information) § 1.1.11 The Architect shall retain the consultants identified in Sections 1.1.11.1 and 1.1.11.2: (List name, legal status, address, and other contact information) § 1.1.11.1 Consultants retained under Basic Services: .1 Structural Engineer: DLR Group, Inc. 51 University Street, Suite 51 Seattle, WA 98101 .2 Mechanical Engineer: DLR Group, Inc. 51 University Street, Suite 51 Seattle, WA 98101 .3 Electrical Engineer: DLR Group, Inc. 51 University Street, Suite 51 Seattle, WA 98101 Init. AIA Document 13101 TM - 2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017 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, 4 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 I document was produced by AIA software at 12:42:52 on 07/27/2017 under Order No.5489623042 which expires on 04/26/2018, and is not for resale. User Notes: (1918399601) § 1.1.11.2 Consultants retained under Supplemental Services: Landscape Architect: Swift Company Civil Engineer: KPFF Cost Consulting: Roen Cost Consulting Acoustical Engineering: TBD § 1.1.12 Other Initial Information on which the Agreement is based: § 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that the Initial Information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the Architect's services, schedule for the Architect's services, and the Architect's compensation. The Owner shall adjust the Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E2031111-2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 1.3.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203TI4-2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202TM-2013, Project Building Infornation Modeling Protocol Form, shall be at the using or relying party's sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. § 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. Init. AIA Document B101 T"" — 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 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, 5 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 12:42:52 on 07/27/2017 under Order No.5489623042 which expires on 04/26/2018, and is not for resale. User Notes: (1918399601) § 2.5 The Architect shall maintain the following insurance until termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 11.9. § 2.5.1 Commercial General .Liability with policy limits of not less than one million dollars ($ 1,000,000 ) for each occurrence and two million dollars ($ 2,000,000 ) in the aggregate for bodily injury and property damage. § 2.5.2 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the Architect with policy limits of not less than one million dollars ($ 1,000,000 ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. § 2.5.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.5.1 and 2.5.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 2.5.4 Workers' Compensation at statutory limits. § 2.5.5 Employers' Liability with policy limits not less than TBD ($ TBD ) each accident, TBD ($ TBD ) each employee, and TBD ($ TBD ) policy limit. § 2.5.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limits of not less than one million dollars ($ 1,000,000 ) per claim and one million dollars ($ 1,000,000 ) in the aggregate. § 2.5.7 Additional Insured Obligations. To the fullest extent permitted by law, the Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect's negligent acts or omissions. The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. § 2.5.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.5. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Supplemental or Additional Services. § 3.1.1 The Architect shall manage the Architect's services, 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, and shall not be responsible for, the accuracy, completeness, and timeliness 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 Init. AIA Document B101 T"" — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 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 AIAO Document, 6 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 12:42:52 on 07/27/2017 under Order No.5489623042 which expires on 04/26/2018, and is not for resale. User Notes: (1918399601) 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, or for the Owner's acceptance of non -conforming Work, made or given without the Architect's written approval. § 3.1.5 The Architect shall contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project. The Architect shall respond to applicable design requirements imposed by those authorities and entities. § 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. § 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, the proposed procurement and 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. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2.4 Based on the Project 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 representations. 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 sustainable 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 more advanced sustainable design services as a Supplemental Service under Section 4.1.1. § 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. § 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 Init. AIA Document B101 T — 2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017 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, 7 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 12:42:52 on 07/27/2017 under Order No.5489623042 which expires on 04/26/2018, and is not for resale. User Notes: (1918399601) 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 other appropriate elements. 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 prepared in accordance with Section 6.3. § 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 and performance criteria of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that, in order to perform the Work, the Contractor 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 the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. § 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of (1) 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. § 3.4.4 The Architect shall review and provide written comment to the construction cost estimate produced by the Architect's estimating consultant or GCCM, including scope of work missing from the estimate. The Architect shall provide written concurrence that the estimate reflects the construction documents produced by the Architect. The Architect shall have seven (7) days to review and provide comments to the estimate from the date the estimate is received. This scope also applies to intermediate construction document submittals. § 3.4.5 The Architect shall submit the Construction Documents, along with a written statement that the Owner's design development comments have been incorporated into this submittal, to the Owner, take any action required under Section 6.5, and request the Owner's approval. § 3.5 Procurement 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 either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, 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 facilitating the distribution of Bidding Documents to prospective bidders; .2 organizing and conducting a pre -bid conference for prospective bidders; .3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to the prospective bidders in the form of addenda; and, Init. AIA Document B101 TM — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 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, 8 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 I document was produced by AIA software at 12:42:52 on 07/27/2017 under Order No.5489623042 which expires on 04/26/2018, and is not for resale. User Notes: (1918399601) .4 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 If the Bidding Documents permit substitutions, upon the Owner's written authorization, the Architect shall, as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective bidders. § 3.5.3 Negotiated Proposals § 3.5.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents. § 3.5.3.2 The Architect shall assist the Owner in obtaining proposals by: .1 facilitating the distribution of Proposal Documents for distribution to prospective contractors and requesting their return upon completion of the negotiation process; .2 organizing and participating in selection interviews with prospective contractors; .3 preparing responses to questions from prospective contractors and providing clarifications and interpretations of the Proposal Documents to the prospective contractors in the form of addenda; and, .4 participating in negotiations with prospective contractors, and subsequently preparing a summary report of the negotiation results, as directed by the Owner. § 3.5.3.3 If the Proposal Documents permit substitutions, upon the Owner's written authorization, the Architect shall, as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective contractors. § 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 A201 TM-2017, General Conditions of the Contract for Construction. If the Owner and Contractor modify AIA Document A201-2017, 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. § 3.6.1.3 Subject to Section 4.2 and except as provided in Section 3.6.6.5, 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 4.2.3, 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 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 promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) 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 Init. AIA Document B101 TM — 2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017 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, 9 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 12:42:52 on 07/27/2017 under Order No.5489623042 which expires on 04/26/2018, and is not for resale. User Notes: (1918399601) testing of the Work in accordance with the provisions of the Contract Documents, whether or not the 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, 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 A201-2017, 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, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to (1) an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent tests and inspections, (3) correction of minor deviations from the Contract Documents prior to completion, and (4) 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 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 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. § 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 of the schedule. 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 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 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. Init. AIA Document 131011"" — 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 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, 10 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 12:42:52 on 07/27/2017 under Order No.5489623042 which expires on 04/2612018, and is not for resale. User Notes: (1918399601) § 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 and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Contractor's design professional, provided the submittals bear such professional's seal and signature when submitted to the Architect. The Architect's review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect shall be entitled to rely upon, and shall not be responsible for, the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to Section 4.2, 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 the 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 order 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 Section 4.2, 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: .1 conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; .2 issue Certificates of Substantial Completion; .3 forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and received from the Contractor; and, .4 issue a final Certificate for Payment based upon a final inspection indicating that, to the best of the Architect's knowledge, information, and belief, the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections 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. § 3.6.6.3 When Substantial Completion has been achieved, 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. Init. AIA Document B1011 — 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 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, 11 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 12:42:52 on 07/27/2017 under Order No.5489623042 which expires on 04/26/2018, and is not for resale. User Notes: (1918399601) ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services § 4.1.1 The services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Supplemental 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. Unless otherwise specifically addressed in this Agreement, if neither the Owner nor the Architect is designated, the parties agree that the listed Supplemental Service is not being provided for the Project. (Designate the Architect's Supplemental Services and the Owner's Supplemental Services required for the Project by indicating whether the Architect or Owner shall be responsible. forproviding the identified Supplemental Service. Insert a description of the Supplemental Services in Section 4.1.2 below or attach the description of services as an exhibit to this Agreement) Supplemental Services Responsibility Architect, Owner, or notprovided) 4.1.1.1 Programming & Pre -Design Service Architect 4.1.1.2 Multiple preliminary designs Architect 4.1.1.3 Measured drawings Architect 4.1.1.4 Existing facilities surveys Not Provided 4.1.1.5 Site evaluation and planning Architect § 4.1.1.6 Building Information Model management responsibilities Architect § 4.1.1.7 Development of Building Information Models for post construction use Architect 4.1.1.8 Civil engineering Architect 4.1.1.9 Landscape design Architect 4.1.1.10 Architectural interior design Architect 4.1.1.11 Value analysis Architect § 4.1.1.12 Detailed cost estimating beyond that required in Section 6.3 Architect 4.1.1.13 On -site project representation TBD 4.1.1.14 Conformed documents for construction Architect 4.1.1.15 As -designed record drawings Architect 4.1.1.16 As -constructed record drawings Architect 4.1.1.17 Post -occupancy evaluation Architect 4.1.1.18 Facility support services Owner 4.1.1.19 Tenant -related services Owner § 4.1.1.20 Architect's coordination of the Owner's consultants Architect 4.1.1.21 Telecommunications/data design Architect 4.1.1.22 Security evaluation and planning Architect 4.1.1.23 Commissioning Owner § 4.1.1.24 Sustainable Project Services pursuant to Section 4.1.3 Certification Not Provided Design strategies - Architect 4.1.1.25 Fast -track design services Not Provided 4.1.1.26 Multiple bid packages Not Provided 4.1.1.27 Historic preservation Not Provided 4.1.1.28 Furniture furnishings, and equipment design Architect Init. AIA Document B1011 — 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIAo Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 12 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 t document was produced by AIA software at 12:42:52 on 07/27/2017 under Order No.5489623042 which expires on 04/26/2018, and is not for resale. User Notes: (1918399601) Supplemental Services Responsibility Architect, Owner, or notprovided) 4.1.1.29 Other services provided by specialty Consultants TBD 4.1.1.30 Other Supplemental Services TBD § 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect's responsibility is provided below. (Describe in detail the Architect's Supplemental Services identified in Section 4.1.1 or, if.set.forth in an exhibit, identify the exhibit. The AIA publishes a number of Standard Form ofArchitect's Services documents that can be included as an exhibit to describe the Architect's Supplemental Services) 4.1.1.1 Programming and Pre -Design Service - Refer to AIA B202 4.1.1.2 Multiple Preliminary Designs - Assumes six (6) Design Solutions on Selected Site - Included in Basic Services 4.1.1.3 Measured Drawings - Included in Basic Services 4.1.1.5 Site evaluation and planning - Refer to AIA B202 4.1.1.6 BIM - Included in Basic Services 4.1.1.7 BIM for post construction use — Provided in DLR Group standard format - Included in Basic Services 4.1.1.8 Civil Engineering Consultant; on site & off site grading plans, utilities and services - $120,000. 4.1.1.9 Landscape design - $100,000 4.1.1.10 Architectural Interior Design — Included in Basic Services, Excluding Interior Furnishings, FF&E 4.1.1.11 Value Analysis - Life Cycle Cost Analysis of Mechanical, Plumbing, and Structural Systems - $24,000 Init. AIA Document B101 T — 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 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, 13 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 t document was produced by AIA software at 12:42:52 on 07/27/2017 under Order No.5489623042 which expires on 04/26/2018, and is not for resale. User Notes: (1918399601) 4.1.1.12 Detailed Cost Estimating — 31d party cost consulting at SD, DD and DID reconciliation phases — $49,250 4.1.1.13 On -site project representation - Basic Services includes Bi-monthly A/E project representation, supplemental services would result in weekly - $69,000 4.1.1.13 Conformed documents for construction - Included in Basic Services 4.1.1.15 As -designed record drawings - Included in Basic Services 4.1.1.16 As -constructed record drawings - $24,000 4.1.1.17 Post -occupancy evaluation — Not Included 4.1.1.20 Architect's coordination of Owner's consultants - Included in Basic Services 4.1.1.21 Telecommunications/data design - Included 4.1.1.22 Security evaluation and planning — including access control, CCTV, duress systems and detention equipment - $60,000 4.1.1.23 Commissioning — A/E participation in commissioning program managed by others - $40,000 4.1.1.24 Sustainable Project Services — LEED or WELL Building Certification Not Provided, Design strategies Included in Basic Services 4.1.1.28 Furniture, furnishings, and equipment design — Interior Furnishings, FF&E, U.S. Communities Program, design & purchasing schedule only - purchasing and installation management by Owner - $54,000 4.1.1.29 Other services provided by specialty consultants Acoustics — TBD Init. AIA Document B101 TM — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 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, 14 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 12:42:52 on 07/27/2017 under Order No.5489623042 which expires on 04/26/2018, and is not for resale. User Notes: (1918399601) Building Enclosure — TBD Hazardous materials assessment, testing and abatement — TBD LEED Wor WELL Building Certification — TBD 4.1.1.30 Other Supplemental Services GCCM Coordination Services - $40,000 § 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner's responsibility is provided below. (Describe in detail the Owner's Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit.) § 4.1.3 If the Owner identified a Sustainable Objective in Article 1, the Architect shall provide, as a Supplemental Service, the Sustainability Services required in AIA Document E204T"--2017, Sustainable Projects Exhibit, attached to this Agreement. The Owner shall compensate the Architect as provided in Section 11.2. § 4.2 Architect's Additional Services The Architect may provide Additional Services 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 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.2.1 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 Additional 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 size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the enactment or revision of codes, laws, or regulations, including changing or editing previously prepared Instruments of Service; .3 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit, or (b) contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; .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 models or other design documentation 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 entities providing bids or proposals; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or, Init. AIA Document B101 TM — 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 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 AIAO Document, 15 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 12:42:52 on 07/27/2017 under Order No.5489623042 which expires on 04126/2018, and is not for resale. User Notes: (1918399601) .11 Assistance to the Initial Decision Maker, if other than the Architect. § 4.2.2 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, upon receipt of the Architect's notice, the Owner determines that all or parts of the services are not required, the Owner shall give prompt written notice to the Architect of the Owner's determination. The Owner shall compensate the Architect for the services provided prior to the Architect's receipt of the Owner's notice. .1 Reviewing a Contractor's submittal out of sequence from the submittal schedule approved 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; or, .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom. § 4.2.3 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 similar submittals of the Contractor .2 Seventy ( 70 ) visits to the site by the Architect during construction .3 Two ( 2) inspections 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 One ( 1 ) inspections for any portion of the Work to determine final completion. § 4.2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in Section 4.2.3, Construction Phase Services provided more than 60 days after (1) the date of Substantial Completion of the Work or (2) the initial date of Substantial Completion identified in the agreement between the Owner and Contractor, whichever is earlier, shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction Phase Services. § 4.2.5 If the services covered by this Agreement 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. § 5.2 The Owner shall establish 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. The Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project until final completion. 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. Init. AIA Document B101 TM' — 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 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, 16 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 12:42:52 on 07/27/2017 under Order No.5489623042 which expires on 04/26/2018, and is not for resale. User Notes: (1918399601) § 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 other 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. § 5.5 The Owner shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.6 The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4.1.1. § 5.7 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E204Tm-2017, Sustainable Projects Exhibit, attached to this Agreement. § 5.8 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 as the responsibility of the Architect 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 and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. § 5.9 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. § 5.10 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. § 5.11 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. § 5.12 The Owner shall include the Architect in all communications with the Contractor that relate to or affect the Architect's services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect's consultants shall be through the Architect. § 5.13 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. 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. § 5.14 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. § 5.15 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. 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 also includes the reasonable value of labor, materials, and equipment, Init. AIA Document i3101 T — 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 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, 17 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 12:42:52 on 07/27/2017 under Order No.5489623042 which expires on 04/26/2018, and is not for resale. User Notes: (1918399601) donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights -of -way, financing, or 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 shall 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, and 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 recommend reasonable adjustments in the program and scope of the Project; and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget. The Architect's estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requires a detailed estimate of the Cost of the Work, the Architect shall provide such an estimate, if identified as the Architect's responsibility in Section 4.1.1, as a Supplemental Service. § 6.4 If, through no fault of the Architect, the Procurement Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, 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 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. If the Owner requires the Architect to modify the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the Owner's budget for the Cost of the Work due to market conditions the Architect could not reasonably anticipate, the Owner shall compensate the Architect for the modifications as an Additional Service pursuant to Section 11.3; otherwise the Architect's services for modifying the Construction Documents shall be without additional compensation. In any event, 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. Init. AIA Document B101 Tm — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 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, 18 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 1 document was produced by AIA software at 12:42:52 on 07/27/2017 under Order No.5489623042 which expires on 04/26/2018, and is not for resale. User Notes: (1918399601) § 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 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 under this Agreement, including prompt payment of all sums due pursuant to Article 9 and Article 11. 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 suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 1.3, 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 authors of the Instruments of Service, the Owner releases the Architect and Architect's 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 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. § 7.5 Except as otherwise stated in Section 7.3, the provisions of this Article 7 shall survive the termination of this Agreement. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law, but in any case not more than 10 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 A201-2017, 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 parry'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 direct negotiations per Section 12.1 then mediation as a condition precedent to binding dispute resolution. If such Init. AIA Document B101 T — 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 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 AIA6 Document, 19 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 12:42:52 on 07/27/2017 under Order No.5489623042 which expires on 04/26/2018, and is not for resale. User Notes: (1918399601) matter relates to or is the subject of a lien 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 If direct negotiations fail to resolve any dispute between the parties then 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 this Agreement. A request for mediation shall be made in writing, delivered to the other party to this 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 direct negotiations pursuant to Section 12.1 or mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box) [ ] Arbitration pursuant to Section 8.3 of this Agreement [ X ] Litigation in a court of competent jurisdiction [ ] Other: (Specify) If the Owner and Architect do not select a method of binding dispute resolution, 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. § 8.3 [Intentionally omitted.] (Paragraphs deleted) § 8.3.4 [Intentionally omitted.] (Paragraphs deleted) § 8.4 The provisions of this Article 8 shall survive the termination of this Agreement 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 Owner shall pay the Architect 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 Init. AIA Document 13101 TM — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 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, 20 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 t document was produced by AIA software at 12:42:52 on 07/27/2017 under Order No.5489623042 which expires on 04/26/2018, and is not for resale. User Notes: (1918399601) 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. § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall compensate the Architect for services performed prior to termination, Reimbursable Expenses incurred, and costs attributable to termination, including the costs attributable to the Architect's termination of consultant agreements. § 9.7 In addition to any amounts paid under Section 9.6, if the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall pay to the Architect the following fees: (Set forth below the amount of any termination or licensing fee, or the method for determining any termination or licensing fee) .1 Termination Fee: none .2 Licensing Fee if the Owner intends to continue using the Architect's Instruments of Service: none § 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial Completion. § 9.9 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 9.7. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, excluding that jurisdiction's choice of law rules. 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 A201-2017, 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, including any payments due to the Architect by the Owner prior to the assignment. § 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 Init. AIA Document B1011 — 2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017 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, 21 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 t document was produced by AIA software at 12:42:52 on 07/27/2017 under Order No.5489623042 which expires on 04/26/2018, and is not for resale. User Notes: (1918399601) 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. This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. § 10.8 If the Architect or Owner receives information specifically designated as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1. This Section 10.8 shall survive the termination of this Agreement. § 10.8.1 The receiving party may disclose "confidential" or "business proprietary" information after 7 days' notice to the other party, when required by law, arbitrator's order, or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute. The receiving party may also disclose such information to its employees, consultants, or contractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8. § 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties' intentions and purposes in executing the Agreement. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: 1 Stipulated Sum (Insert amount) $1,400,834 .2 Percentage Basis (Insert percentage value) ( ) % of the Owner's budget for the Cost of the Work, as calculated in accordance with Section 11.6. .3 Other (Describe the method of compensation) Init. AIA Document B1011 — 2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017 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, 22 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 1 document was produced by AIA software at 12:42:52 on 07/27/2017 under Order No.5489623042 which expires on 04/26/2018, and is not for resale. User Notes: (1918399601) § 11.2 For the Architect's Supplemental Services designated in Section 4.1.1 and for any Sustainability Services required pursuant to Section 4.1.3, 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) $941,751 § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation) :D § 11.4 Compensation for Supplemental and 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 follows: (Insert amount of, or basis for computing, Architect's consultants' compensation for Supplemental or Additional Services) § 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis, the proportion of compensation for each phase of services shall be as follows: Schematic Design Phase fifteen percent ( 15 %) Design Development Phase twenty five percent ( 25 %) Construction Documents thirty four percent ( 34 %) Phase Procurement Phase four percent ( 4 %) Construction Phase twenty two percent ( 22 %) Post Occupancy Phase Two 2 Total Basic Compensation one hundred percent ( 100 %) § 11.6 When compensation identified in Section 11.1 is on a percentage basis, progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner's most recent budget for the Cost of the Work. Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner's budget for the Cost of the Work. § 11.6.1 When compensation is on a percentage basis 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. The Architect shall be entitled to compensation in accordance with this 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 are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below) Employee or Category Senior Expert Discipline Leader Senior Professional Rate ($0.00) $365 (Owner Approval Required) $235 $175 Init. AIA Document B101 TM — 2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017 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, 23 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 I document was produced by AIA software at 12:42:52 on 07/27/2017 under Order No.5489623042 which expires on 04/26/2018, and is not for resale. User Notes: (1918399601) Professional $145 Professional Support $115 Administration / Technical $90 Clerical $70 § 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic, Supplemental, 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; .2 Long distance services, dedicated data and communication services, teleconferences, Project web sites, and extranets; .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, and 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, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project; .8 If required by the Owner, and with the Owner's prior written approval, the Architect's consultants' expenses of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; .11 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to achieve the Sustainable Objective; and, .12 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 Architect's Insurance. If the types and limits of coverage required in Section 2.5 are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect for the additional costs incurred by the Architect for the additional coverages as set forth below: (Insert the additional coverages the Architect is required to obtain in order to satisfy the requirements set forth in Section 2. S, and for which the Owner shall reimburse the Architect) § 11.10 Payments to the Architect § 11.10.1 Initial Payments § 11.10.1.1 An initial payment of zero ($ 0 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.10.1.2 If a Sustainability Certification is part of the Sustainable Objective, an initial payment to the Architect of zero ($ 0 ) shall be made upon execution of this Agreement for registration fees and other fees payable to the Certifying Authority and necessary to achieve the Sustainability Certification. The Architect's payments to the Certifying Authority shall be credited to the Owner's account at the time the expense is incurred. § 11.10.2 Progress Payments § 11.10.2.1 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 forty-five (45) 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) Init. AIA Document 1i101 T — 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 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, 24 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 t document was produced by AIA software at 12:42:52 on 07/27/2017 under Order No.5489623042 which expires on 04/26/2018, and is not for resale. User Notes: (1918399601) ten % 10% § 11.10.2.2 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. § 11.10.2.3 Records of Reimbursable Expenses, expenses pertaining to Supplemental and 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: (Include other terms and conditions applicable to this Agreement) § 12.1 Direct Negotiations As a condition precedent to mediation and litigation, the Owner or the Architect shall attempt to resolve all disputes via direct negotiations. Either the Owner or the Architect may make a request for direct negotiations. Direct negotiation representatives of the parties shall be the Owner's Designated Representative, as defined in Section 1.1.8 and the Architect's Designated Representative, as defined in Section 1.1.10. Direct negotiations shall take place at the Project worksite or at a location as agreed to by Owner's and Architect's Designated Representatives. Each party shall document results of the direct negotiations, and these documents shall be exchanged between the parties. § 12.2 Design Contingency Architect makes no warranty, express or implied, that its design is free of errors. Owner and Architect acknowledge certain increased costs and changes may be required and are anticipated due to omissions, errors or, inconsistencies in drawings and specifications prepared by Architect. Therefore, Owner shall set aside a reserve in the amount of two percent (2.0%) of the estimated Cost of the Construction as a contingency to be used, as needed, to pay for any such increased costs and changes. Owner shall make no claim against Architect or its Consultants with respect to any increased cost within this contingency amount. If costs due to changes resulting solely from design errors, omissions or inconsistencies exceed the contingency, then Architect shall be responsible for costs incurred by Owner above that sum but only to the extent caused by Architect's negligent acts, errors or omissions. In no event shall Architect be responsible for betterment, that is, direct costs that Owner would have incurred in the construction contract but for the Architect's error or omission. § 12.3 Limitation of Liability The total liability, in the aggregate, of Architect and its consultants, and each of their partners, officers and employees, for any claims, losses, costs or damages arising out of, resulting from or in any way relating to any cause or causes, including but not limited to negligence or breach of contract, shall not exceed the available proceeds of the insurance coverage required by this Agreement. 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 the Owner and Architect. § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document B101TM-2017, Standard Form Agreement Between Owner and Architect .2 AIA Document E203TM-2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below: (Insert the date of the E203-2013 incorporated into this agreement.) .3 Exhibits: Init. AIA Document 6110T — 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 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, 25 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 I document was produced by AIA software at 12:42:52 on 07/27/2017 under Order No.5489623042 which expires on 04/26/2018, and is not for resale. User Notes: (1918399601) (Check the appropriate box for any exhibits incorporated into this Agreement.) [ ] AIA Document E204Tm-2017, Sustainable Projects Exhibit, dated as indicated below: (Insert the date of the E204-2017 incorporated into this agreement) [ ] Other Exhibits incorporated into this Agreement: (Clearly identify any other exhibits incorporated into this Agreement, including any exhibits and scopes of services identified as exhibits in Section 4.1.2) .4 Other documents: (List other documents, if any, forming part of the Agreement.) This Agreement entered into as of the day and year first written above. OWNER (Signature) (Printed name and title) ARCHITECT (Signature) William J. Valdez, Vice President (Printed name, title, and license number, if required) Init. AIA Document B101 T — 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 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, 26 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 t document was produced by AIA software at 12:42:52 on 07/27/2017 under Order No.5489623042 which expires on 04/26/2018, and is not for resale. User Notes: (1918399601) EXHIBIT C - B202 CONTRACT ==AIA Document B202TM -2009 Standard Form of Architect's Services: Programming for the following PROJECT: (Name and location or address) Tukwila Justice Center located in City of 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) DLR Group, Inc. 51 University Street, Suite 600 Seattle, WA 98101 THE AGREEMENT This Standard Form of Architect's Services is part of or modifies the accompanying Owner -Architect Agreement (hereinafter, the Agreement) dated the twenty first day of July in the year twenty 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) Existing program documentation will be provided to Architect by Owner as basis of program requirements. 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 G802Tm-2007, Amendment to the Professional Services Agreement, to create a modification to any owner -architect agreement. Init. 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 12:45:33 on 07/27/2017 under Order No.5489623042 which expires on 04/26/2018, and is not for resale. User Notes: (1315202096) Site selection is performed by Owner's representative and Architect will provide site test -to -fit studies for up to six locations. 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. Init. AIA Document B2021 — 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 2 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:45:33 on 07/27/2017 under Order No.5489623042 which expires on 04/26/2018, and is not for resale. User Notes: (1315202096) § 2.4 Information Gathering § 2.4.1 The Architect shall compile and review existing Project -related documentation, including the following: .1 Available reports on existing facilities, site surveys, construction documents, and other Owner documents, including existing program material, if any .2 Relevant government documents such as applicable codes and ordinances .3 Applicable non -governmental building and planning standards .4 Relevant historical documents and archival materials § 2.4.2 The Architect shall prepare for and conduct interviews of Owner -designated individuals by .1 identifying key individuals to be interviewed, .2 establishing a work plan and schedule for the interviews, .3 determining the types of data that could impact the design of the facility, and .4 determining how interviewing will relate to other information -gathering techniques, such as observation and surveys. § 2.4.3 The Architect shall conduct a walkthrough of the Owner's existing facilities with the appropriate personnel, such as the Owner, property manager, or facility manager, and .1 prepare, if appropriate, a space inventory of existing spaces, equipment and furnishings, .2 identify traffic and circulation patterns, use levels and general adequacy of spaces to accommodate the users, and .3 prepare a written description or graphic illustration of the existing space utilization, identifying space requirements and relationships for, furniture, equipment, operating procedures, security requirements and communications. § 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. Init. 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 12:45:33 on 07/27/2017 under Order No.5489623042 which expires on 04/26/2018, and is not for resale. User Notes: (1315202096) § 2.6.2 The Architect shall present its initial report to the programming participants or as otherwise directed by the Owner. § 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, identify 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 Architect Up to six site locations § 3.1.2 Site Suitability Architect Up to six site locations § 3.1.3 Site Planning Architect Up to six site locations § 3.1.4 Master Planning Architect § 3.1.5 Preliminary Design Architect § 3.1.6 Preliminary Cost Estimating j Architect § 3.1.7 Scheduling IArchitect Init. 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 4 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software t at 12:45:33 on 07/27/2017 under Order No.5489623042 which expires on 04/26/2018, and is not for resale. User Notes: (1315202096) § 3.1.8 Market Analysis Not Provided § 3.1.9 Detailed Existing Facility Evaluation Not Provided § 3.1.10 Environmental Suitability Not Provided § 3.1.11 Services in support of the Owner's other consultants (Geotechnical Engineer, Landscape Architect, Real Estate or Legal Services Providers, Lending Institutions or others Architect § 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. Owner shall provide information for potential sites. Design team will evaluate feasibility of proposed sites based on site availability, size, utility connections, etc. Program verification will confirm building sizes and adjacencies based on previous program provided to Architect. § 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 One ( 1 ) multi -day meeting to determine Owner and user values and goals .2 Two ( 2 ) interviews for the purpose of gathering data .3 Three ( 3 ) presentations to programming participants and user groups .4 Two ( 2 ) special presentations to Boards of Directors, stakeholder groups or other outside entities .5 As required 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. § 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) $150,000 § 5.2 For Additional Services provided under Section 3. 1, the Owner shall compensate the Architect as follows: Init. AIA Document B20211 — 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 AIAO Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:45:33 on 07/27/2017 under Order No.5489623042 which expires on 04/26/2018, and is not for resale. User Notes: (1315202096) (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply) TBD ' § 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.) TBD § 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 %), or as otherwise stated below: 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: none Init. AIA Document 6202T°' — 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 6 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software t at 12:45:33 on 07/27/2017 under Order No.54B9623042 which expires on 04/26/2018, and is not for resale. User Notes: (1315202096)