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COW 2017-11-13 COMPLETE AGENDA PACKET
Tukwila City Council Agenda ❖ COMMITTEE OF THE WHOLE •❖ ILA k*4 1. 0 Q y `'',n 20 1908 Allan Ekberg, Mayor Counc/lmembers: ❖ Joe Duffie •:• Verna Seal David Cline, CityAdministrator •:• Kathy Hougardy ❖ De'Sean Quinn Dennis Robertson, Council President •:• Kate Kruller ❖ Thomas McLeod Monday, November 13, 2017; 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. SPECIAL PRESENTATIONS a. Presentation of a $5,000 donation from Waste Management (to be shared between Tukwila Pantry, Tukwila Weekend SnackPack Program, and the Riverton United Methodist Church Homeless Family Program) as part of the Tukwila "Think Green Campaign." Casey Desmond, Public Sector Manager, Waste Management, and Hannah Scholes, Education & Outreach Coordinator, Waste Management. b. A proclamation recognizing "National Hunger and Homelessness Aware- ness Week," with a 2017 theme of "Let No Child Go Hungry in Tukwila." Pg.1 3. PUBLIC COMMENTS At this time, you are invited to comment on items not included on this agenda (please limit your comments to five minutes per person). To comment on an item fisted on this agenda, please save your comments until the issue is presented for discussion. (Refer to back of agenda page for additional information.) 4. PUBLIC HEARINGS a. Tax levy legislation: (1) An ordinance increasing the regular property tax levy one percent from the previous year commencing January 1, 2018, on all property, both real and personal. (2) An ordinance levying the general taxes for the fiscal year commencing January 1, 2018. b. An ordinance adopting an amended 2017-2018 mid -biennium budget. Pg.3 Pg.7 Pg.9 Pg.101 5. SPECIAL ISSUES a. An ordinance increasing the regular property tax levy one percent from the previous year commencing January 1, 2018, on all property, both real and personal. b. An ordinance levying the general taxes for the fiscal year commencing January 1, 2018. c. 2017 3rd Quarter financial results. d. An ordinance adopting an amended 2017-2018 mid -biennium budget. e. A resolution adopting the 2018 Legislative Agenda and legislative session preview. f. A pre -construction contract for General Contractor Construction Management (GC/CM) for the Public Safety Plan. g. Due diligence on multiple contracts related to the Public Safety Plan. h. An ordinance for condemnation and acquisition of real property for the 53rd Avenue South roadway and surface water drainage system projects. Pg.7 Pg.9 Pg.15 Pg.101 Pg.133 Pg.139 Pg.315 Pg.387 (continued...) COMMITTEE OF THE WHOLE MEETING Monday, November 13, 2017 Page 2 6. REPORTS a. Mayor b. City Council c. Staff d. Council Analyst 7. MISCELLANEOUS 8. ADJOURNMENT Tukwila City Hall is ADA accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206-433-1800 or TukwilaCityClerk@TukwilaWA.gov). This agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio/video taped (available at ww.tukwilawa.gov) HOW TO TESTIFY When recognized by the Presiding Officer to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to 5 minutes. The Council appreciates hearing from citizens and members of the public, and may not be able to answer questions or respond during the meeting. PUBLIC COMMENTS Members of the public are given the opportunity to address the Council on items that are NOT included on the agenda during PUBLIC COMMENTS. Please limit your comments to 5 minutes. If you have a comment on an Agenda item, please wait until that item comes up for discussion to speak on that topic. SPECIAL MEETINGS/EXECUTIVE SESSIONS Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters as prescribed by law. Executive Sessions are not open to the public. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Members of the public who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at that time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL MEETING SCHEDULE No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings - The Mayor, elected by the people to a four-year term, presides at all Regular Council Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. and Special Meetings. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular or Special Council meetings. Committee of the Whole Meetings - Councilmembers are elected for a four-year term. The Council President is elected by the Councilmembers to preside at all Committee of the Whole meetings for a one-year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed there are forwarded to Regular or Special Council meetings for official action. Office of the Mayor City of • Washington 2 908 PROCLAMATIO] WHEREAS, for the past several years the National Coalition for the Homeless and National Student Campaign Against Hunger and Homelessness have sponsored National Hunger and Homelessness Awareness Week; and WHEREAS, the purpose of the proclamation is to educate the public about the many reasons people are hungry and homeless including the shortage of affordable housing in Tukwila for very low-income residents; and to encourage support for homeless assistance service providers as well as community service opportunities for students and school service organizations; and WHEREAS, there are many organizations committed to sheltering and providing supportive services as well as meals and food supplies to people experiencing homelessness including, but not limited to: Still Waters' — Tukwila Weekend SnackPack Program; Church by the Side of the Road, Tukwila United Methodist Church, Tukwila School District, and WHEREAS, the theme of National Hunger and Homelessness Awareness Week 2017 is "Let No Child Go Hungry in Tukwila," and WHEREAS, the City recognize that hunger and homelessness continue to be a serious problem for many individuals and families in Tukwila; and WHEREAS, the intent of National Hunger and Homelessness Awareness Week is consistent with the activities of these our local organizations. NOW THEREFORE, I, Allan Ekberg, Mayor of the City of Tukwila, do hereby proclaim November 11 — 19, 2017 as: National Hunger and Homelessness Awareness Week in the City of Tukwila and encourage all community residents to join me in recognizing that many people do not have housing and need support from residents and private/public nonprofit service entities. Presented this 13th day of Ngvember, 2017. Cil Allan Ekberg, 2 COUNCIL AGENDA SYNOPSIS nitials Meefin,q Date Pre,pared by Mayors review Council revien) 11/13/17 VC 11/20/17 VC ❑ Resolution Mtg Date & 5.B. ® PublicHearin,g Mtg Date 11/13/17 ITEM INFORMATION ITEM No. 4.A. 11/13/17 AGI NDA I'll,"IM Trr1.1. Approve property tax ordinances for 2018 property tax levy. C.A'1'1 GORY ® Discussion Nltg Date 11/13/17 5.A. ❑ Resolution Mtg Date & 5.B. ® PublicHearin,g Mtg Date 11/13/17 S'I'_ F] SPONSOR: VICKY CARLSEN 11/13/17 AGI NDA I'll,"IM Trr1.1. Approve property tax ordinances for 2018 property tax levy. C.A'1'1 GORY ® Discussion Nltg Date 11/13/17 ❑ iWotion Mtg Date ❑ Resolution Mtg Date ® Ordinance Mtg Date 11/20/17 ❑ BidAxard Nltg Date ® PublicHearin,g Mtg Date 11/13/17 ❑ Other Mtg Date SPONSOR ❑Council []Mayor ❑HR ❑DCD ®Finance are c olie I❑CurPP/ t SPONSOR'S The Council is being asked to approve two property tax ordinances for the 2018 property SUMMARY tax levy - one to authorize the levy and the second to approve an increase in the levy from the previous year. RI:VII WI D BY ❑ C.O.W. Mtg. ❑ CDN Comm ® Finance Comm. ❑ Public Safet�T Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/7/17 COMMITTEE CHAIR: SEAL RECOMMENDATIONS: SPONSOR/ADMIN. Finance Department CO11,Nt"rrr,1, Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPBNDITUR[', RI?QUIRI?D AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/13/17 MTG. DATE ATTACHMENTS 11/13/17 Informational Memorandum dated 11/1/17 Draft Ordinances Preliminary Levy Limit Worksheet 11/20/17 M City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Finance Committee FROM: Peggy McCarthy, Finance Director BY: Vicky Carlsen, Deputy Finance Director CC: Mayor Ekberg DATE: November 1, 2017 SUBJECT: 2018 Property Tax Levy ISSUE Approval of ordinances increasing the regular levy from the previous year and adopting the general and excess property tax levies for 2018 by November 30, 2017. BACKGROUND A Public Hearing for adoption of the 2018 property tax levy is required by RCW 84.55.120. The Hearing is scheduled for November 13, 2017. The City was notified on October 24, 2017 that the assessed value for Tukwila for 2018 is projected to be $6,044,327,455. The ordinance to set the general tax levy also includes the excess levy related to the Public Safety Plan that voters approved on the November 8, 2016 general election. The City sold $36.5 million of bonds in 2016 and debt service repayment began in 2017. The excess levy will be assessed for as long as the bonds are outstanding; the final payment is schedule for December 2036. The total excess levy requirement for 2018 is $2,800,000 with an approximate levy rate of $0.47 per thousand. The budget adopted by Council for the 2017-2018 biennium is based, in part, on a property tax revenue increase of 1 % plus new construction. DISCUSSION Levy Amount The assessed value and the allowable levy are subject to change until final levy rate determination. A levy amount of $15,300,000 will be used for the ordinance. If the final allowable levy is less than the ordinance amount, King County Department of Assessments will adjust the ordinance amount to the final allowable levy amount and no further action by the Council will be required. Also included in the tax levy ordinance is an excess levy in the amount of $2,800,000 for debt service related to the unlimited tax obligation bonds that were sold at the end of 2016. Total bonds issued was $36.5 million. INFORMATIONAL MEMO Page 2 Levy Limit RCW 27.12.390 allows for a maximum statutory levy rate for cities at $3.60 less the actual regular levy made by a library district. RCW 41.16.060 also allows for an additional levy of $0.225 if a city has a firemen's pension fund. The maximum allowable levy for 2017 is estimated to be $3.45711. However, due to the 1 % limitation, the Levy Limit Worksheet received from King County estimates the City's preliminary levy rate for 2018 at $2.49969. RECOMMENDATION The City Council is being asked to approve the ordinance adopting the General Tax Levy and the ordinance showing the dollar and percent increase from the previous year at the November 13, 2017 Committee of the Whole meeting and subsequent November 20, 2017 Regular Meeting. A public hearing has also been scheduled at the November 13, 2017 Committee of the Whole. ATTACHMENTS Draft Ordinances Preliminary Levy Limit Worksheet -2018 Tax Roll W:11 UserslVickylBudgetllnfo Memo - 2018 Taxes with Excess levy.docx 6 r' i AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, INCREASING THE CITY OF TUKWILA REGULAR LEVY FROM THE PREVIOUS YEAR, COMMENCING JANUARY 1, 2018, ON ALL PROPERTY, BOTH REAL AND PERSONAL, IN COMPLIANCE WITH RCW 84.55.120; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila has properly given notice of a public hearing held on November 13, 2017, pursuant to RCW 84.55.120; and WHEREAS, after such hearing and after duly considering all relevant evidence and testimony presented, the City Council has determined that in order to discharge its expected expenses and obligations the City requires an increase in property tax revenue from the previous year, in addition to the increase resulting from the addition of new construction and improvements to property and any increase in the value of State -assessed property; and WHEREAS, the City Council has determined it is in the City's best interest and necessary to meet its expenses and obligations for the property tax revenue to be increased for 2018, and the final assessed valuation calculation has been determined; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. An increase in the regular property tax levy, in addition to any amount resulting from the addition of new construction and improvements to property and any increase in the value of State -assessed property, is hereby authorized for the 2018 levy in the amount of $129,634, which is a percentage increase of 1 % from the previous year. This increase is exclusive of additional revenue resulting from new construction, improvements to property, any increase in the value of State -assessed property, any annexations that have occurred and refunds made. W: Word Processing\Ordinances\Regular Tax Levy Increase 10-16-17 vc:bjs Page 1 of 2 7 Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force and effect January 1, 2018. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2017. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Regular Tax Levy Increase 10-16-17 VC:bjs LZI Page 2 of 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, LEVYING THE GENERAL TAXES FOR THE CITY OF TUKWILA IN KING COUNTY FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2018, ON ALL PROPERTY, BOTH REAL AND PERSONAL, IN SAID CITY, THAT IS SUBJECT TO TAXATION FOR THE PURPOSE OF PAYING SUFFICIENT REVENUE TO CARRY ON THE SERVICES OF THE SEVERAL DEPARTMENTS OF SAID CITY FOR THE ENSUING YEAR, WITH AN EXCESS PROPERTY TAX LEVY FOR THE PURPOSE OF PAYING DEBT SERVICE ON THE CITY'S UNLIMITED TAX GENERAL OBLIGATION BONDS ISSUED IN 2016, AS REQUIRED BY LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tukwila has considered the City's anticipated financial requirements for 2018 and the amounts necessary and available to be raised by ad valorem taxes on real, personal and utility property; and WHEREAS, the following sentence is provided for information only: The maximum Statutory Levy Rate for the City of Tukwila, as allowed by RCW 84.52.043, is $3.825, which includes $0.225 for the Firemen's Pension Fund as allowed by RCW 41.16.060; and WHEREAS, the City, pursuant to Ordinance No. 2514, passed on November 21, 2016, authorized the issuance and sale of $36,500,000 principal amount of the City's Unlimited Tax General Obligation Bonds, 2016 (the "Bonds"); and has determined that to provide the money necessary to pay the debt service requirements on the Bonds in the year 2018, an excess property tax levy in the amount of $2,800,000 for the Bonds must be levied in year 2017, and collected in year 2018; and WHEREAS, the final assessed valuation calculation has been determined, W: Word Processing\Ordinances\General Tax Levy + Excess Levy 10-16-17.doc vc:bjs Page 1 of 3 n NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regular and Excess Tax Levy. A. There shall be and hereby is levied on all real, personal and utility property in the City of Tukwila, in King County, whose estimated assessed valuation is $6,044,327,455, current taxes for the ensuing year commencing January 2018, in the amounts specified below: Rate Amount Regular Tax Levy $2.50 $15,300,000 Excess Tax Levy $0.47 $ 2,800,000 B. The said taxes herein provided for are levied for the purpose of payment upon the general bonded indebtedness of the City of Tukwila, the General Fund, and for the maintenance of the departments of the municipal government of the City of Tukwila for the fiscal year beginning January 1, 2018. C. The excess levy is levied for the purpose of debt service payments on the unlimited tax obligation bonds sold to finance costs related to the City's Public Safety Plan, as submitted to the qualified electors of the City at a special election held on November 8, 2016. Section 2. Collection. This ordinance shall be certified to the proper County officials, as provided by law, and taxes here levied shall be collected to pay to the Finance Director of the City of Tukwila at the time and in the manner provided by the laws of the State of Washington for the collection of taxes for non -chartered code cities. Section 3. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force and effect January 1, 2018. W: Word Processing\Ordinances\General Tax Levy + Excess Levy 10-16-17.doc vc:bjs Page 2 of 3 10 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2017. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number.- W: umber: W: Word Processing\Ordinances\General Tax Levy + Excess Levy 10-16-17.doc VC: bjs Page 3 of 3 11 12 LEVY LIMIT WORKSHEET - 2018 Tax Roll TAXING DISTRICT: City of Tukwila The following determination of your regular levy limit for 2018 property taxes is provided by the King County Assessor pursuant to RCW 84.55.100. Annexed to Library District (Note 1) Estimated Library rate: 0.36789 Using Limit Factor Using Implicit For District Calculation of Limit Factor Levy Price Deflator 14,815,806 Levy basis for calculation: (2017 Limit Factor) (Note 2) 14,815,806 1.0100 x Limit Factor 1.0155 14,963,964 = Levy 15,045,451 56,068,883 Local new construction 56,068,883 0 + Increase in utility value (Note 3) 0 56,068,883 = Total new construction 56,068,883 2.58592 x Last year's regular levy rate 2.58592 144,990 = New construction levy 144,990 15,108,954 Total Limit Factor Levy 15,190,441 Annexation Levy 0 Omitted assessment levy (Note 4) 0 15,108,954 Total Limit Factor Levy + new lid lifts 15,190,441 6,044,327,455 - Regular levy assessed value less annexations 6,044,327,455 2.49969 = Annexation rate (cannot exceed statutory maximum rate) 2.51317 0 x Annexation assessed value 0 0 = Annexation Levy 0 Lid lifts, Refunds and Total 0 + First year lid lifts 0 15,108,954 + Limit Factor Levy 15,190,441 15,108,954 = Total RCW 84.55 levy 15,190,441 22,559 + Relevy for prior year refunds (Note 5) 22,559 15,131,513 = Total RCW 84.55 levy + refunds 15,213,000 Levv Correction: Year of Error (+or-) 15.131.513 ALLOWABLE LEVY (Note 6) 15,213,000 1 Increase Information (Note 7) 2.50342 Levy rate based on allowable levy 2.51691 14,834,330 Last year's ACTUAL regular levy 14,834,330 129,634 Dollar increase over last year other than N/C — Annex 211,121 0.87% Percent increase over last year other than N/C — Annex 1.42% Calculation of statutory levy Regular levy assessed value (Note 8) x Maximum statutory rate = Maximum statutory levy +Omitted assessments levy =Maximum statutory levy Limit factor needed for statutory levy ALL YEARS SHOWN ON THIS FORM ARE THE YEARS IN WHICH THE TAX IS PAYABLE. Please read carefully the notes on the reverse side. 10/31/17 1:29 PM LevyLimitWS.doc 6,044,327,455 3.45711 20,895,905 0 20,895,905 Not usable 13 Notes: 1) Rates for fire districts and the library district are estimated at the time this worksheet is produced. Fire district and library district rates affect the maximum allowable rate for cities annexed to them. These rates will change, mainly in response to the actual levy requests from the fire and library districts. Hence, affected cities may have a higher or lower allowable levy rate than is shown here when final levy rates are calculated. 2) This figure shows the maximum allowable levy, which may differ from any actual prior levy if a district has levied less than its maximum in prior years. The maximum allowable levy excludes any allowable refund levy if the maximum was based on a limit factor. The maximum allowable levy excludes omitted assessments if the maximum was determined by your district's statutory rate limit. If your district passed a limit factor ordinance in the year indicated, that limit factor would help determine the highest allowable levy. However, if the statutory rate limit was more restrictive than your stated limit factor, the statutory rate limit is controlling. 3) Any increase in value in state -assessed property is considered to be new construction value for purposes of calculating the respective limits. State -assessed property is property belonging to inter -county utility and transportation companies (telephone, railroad, airline companies and the like). 4) An omitted assessment is property value that should have been included on a prior year's roll but will be included on the tax roll for which this worksheet has been prepared. Omits are assessed and taxed at the rate in effect for the year omitted (RCW 84.40.080-085). Omitted assessments tax is deducted from the levy maximum before calculating the levy rate for current assessments and added back in as a current year's receivable. 5) Administrative refunds under RCW 84.69.020 were removed from the levy lid by the 1981 legislature. 6) A district is entitled to the lesser of the maximum levies determined by application of the limit under RCW 84.55 and the statutory rate limit. Levies may be subject to further proration if aggregate rate limits set in Article VII of the state constitution and in RCW 84.52.043 are exceeded. 7) This section is provided for your information, and to assist in preparing any Increase Ordinance that may be required by RCW 84.55.120. The increase information compares the allowable levy for the next tax year with your ACTUAL levy being collected this year. The actual levy excludes any refund levy and expired temporary lid lifts, if applicable. New construction, annexation and refund levies, as well as temporary lid lifts in their initial year, are subtracted from this year's allowable levy before the comparison is made. 8) Assessed valuations shown are subject to change from error corrections and appeal board decisions recorded between the date of this worksheet and final levy rate determination. 10/31/17 1:29 PM LevyLimiffS.doc 14 TO: FROM: BY: CC: DATE: SUBJECT Summary City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM Finance Committee Peggy McCarthy, Finance Director Craig Zellerhoff, Fiscal Coordinator Mayor Ekberg November 1, 2017 2017 3rd Quarter Financial Report The purpose of the quarterly financial report is to summarize for the City Council the general state of City- wide financial affairs and to highlight significant items or trends. The following provides a high-level summary of the City's financial performance on cash basis reporting. Additional details can be found later in the attached financial report. The third quarter status report is based on financial data available as of October 27th, 2017 for the reporting period ending September 30th, 2017. Revenues are below allocated budget by $1.3 million and expenditures are below budget by $4.18 million. Revenues Expenditures General Fund 2017 Revenues vs Expenditures (Through September 2017) $42.28 $42.90 $43.57 $47.08 $39 $40 $41 $42 $43 $44 $45 $46 $47 $48 Millions Allocated budgets through the reporting period are calculated by analyzing spend patterns in the previous year and allocating the current year budget using the same spend pattern. If a line item had no expenditures in the prior year but a budget in the current year, the allocated budget for the current year would be zero. 15 INFORMATIONAL MEMO Page 2 General Fund The general fund is the City's largest fund and accounts for the majority of City resources and services, other than those required by statute to be accounted for in another fund. Services include governance, public safety, and administration. $8 OD $7 $6 $5 $4 $3 $2 $ 1 $0 Aug -16 Sep -16 Oct -16 Nov -16 Dec -16 Jan -17 Feb -17 Mar -17 Apr -17 May -17 Jun -17 Jul -17 Aug -17 Sep -17 Immm Operating Revenues � Expenses ..... 2 per. Mov. Avg. (Operating Revenues) ...... 2 per. Mov. Avg. (Expenses) The above chart provides a lookback at revenues and expenses over the last 14 months. The trend lines are calculated using a 2 -month average for both revenues and expenses. The revenue peaks in April/May and October/November are the result of Property Tax revenue. 16 INFORMATIONAL MEMO Page 3 Revenues Through September 2017, general fund revenues totaled $42.28 million compared to an allocated budget of $43.57 million and were $574 thousand higher than revenues collected for the same period in 2016. Notable variances to budget for the third quarter are noted below. Year -to -Date General Fund Revenues Compared to Budget (Through September2017) Property Taxes Sales & Use Taxes Admissions Tax $558 $617 Utility Tax Y $3,139 $3,123 $8,136 $8,351 '15,182 Intertund Utility Tax $1877 $1,,812 Gambling &Excise Tax .. m..- - $2,973$2 732 Licenses and Permits � F'�^------M $3,688 $3,825 Intergovernmental _ 9 ' 4 $3 $3, ,7070 ,614 Charges for Services $1,877 $2,077 Fines & Penalites $180 $186 Misc $388 $344 $1,709$1,709 Indirect Cost Allocation .:: _ Tukwila Village $0 $0 $2,000 $4,000 $6,000 $8,000 $10,000 $12,000 $14,000 $16,000 Thousands IN Year to Date Budget • Sales and use taxes, which includes local retail sales and use tax, natural gas tax, and criminal justice sales tax, totaled $14.05 million, which is below budget by $1.14 million and is lower in collections for the same period last year by $285 thousand. • Gambling and excise taxes through the end of September totaled $2.97 million and exceed allocated budget by $241 thousand. • RGRL fees, which are reported on the Licenses and Permits line, is $147 thousand below budget. Fees collected are primarily lower due to a shift in production at a few of the Boeing facilities in the amount of $71 thousand. • Seattle City Light agreement reported under Intergovernmental revenue is $63 thousand below budget. • Property tax collections are $215 thousand below budget through September. The majority of property tax revenues are collected during the months of April/May and October/November, coinciding with the due dates for the county property tax billings. 17 INFORMATIONAL MEMO Page 4 • Charges for services are below allocated budget by $200 thousand. Several factors are influencing this category. Security revenue is lower than budget because courts now must consider a person's ability to pay before imposing costs and there have been few cases needing intensive supervision. A portion of Transportation revenue is reimbursement from individuals damaging city owned property and the budget is based in historical revenue trends and 2017. Less damage has been done to city -owned property in 2017 than in previous years. Expenditures General fund expenditures through the end of September 2017 totaled $42.9 million as compared to an allocated budget of $47.1 million, which is $4.2 million below budget. Notable variances described below. Fire INNINIM LRIM Tech. & Innovation $1,256 $1,193 ?,1i;1��`fta $2,645 Public Works - _ ` _o- ``-y' _ $2,844 Park Maintenance $1 $1,079 ,068 Street Maint & Ops FjxX T'ff $2,421 ININIMEM $2,535 Dept 20 r $2,390 liffMINNIANIMISEM $4,424 $8,790 $8,754 $0 $2,000 $4,000 $6,000 $8,000 $10,000 $12,000 IN, Year to Date MAllocated Budget 2 13,984 $14,000 $16,000 Thousands • Fire department has exceeded budget by $36 thousand. This is attributed to the staffing of the unbudgeted pipeline positions (5 vs 3 in 2016) to maintain minimum staffing levels. Overtime is now in line with budget with an underspend of $54 thousand year-to-date. The overtime results include reimbursable costs of $125 thousand for local response to hurricanes. • Park department has exceeded budget by $11 thousand. This is a result of the department being fully staffed in 2017 compared to 2016. They also incurred a higher level of spending on supplies as they are being more proactive and intentional in the planning and preparation for busier summer months. Since the end of 2nd quarter, expenditures have been lower each month than in 2016 during the same time period. IN $250 City Council $278 $2,591 �I Mayor p $2,851 Human Resources 10 $496 RM $561 Finance , `,., , $1,847 $2,102 Attorney $380 $424 Recreation r�� $2,346 IMINEME=$2,424 Community Dev. r 141 $2, ,411 Municipal Court $905 $950 Police Fire INNINIM LRIM Tech. & Innovation $1,256 $1,193 ?,1i;1��`fta $2,645 Public Works - _ ` _o- ``-y' _ $2,844 Park Maintenance $1 $1,079 ,068 Street Maint & Ops FjxX T'ff $2,421 ININIMEM $2,535 Dept 20 r $2,390 liffMINNIANIMISEM $4,424 $8,790 $8,754 $0 $2,000 $4,000 $6,000 $8,000 $10,000 $12,000 IN, Year to Date MAllocated Budget 2 13,984 $14,000 $16,000 Thousands • Fire department has exceeded budget by $36 thousand. This is attributed to the staffing of the unbudgeted pipeline positions (5 vs 3 in 2016) to maintain minimum staffing levels. Overtime is now in line with budget with an underspend of $54 thousand year-to-date. The overtime results include reimbursable costs of $125 thousand for local response to hurricanes. • Park department has exceeded budget by $11 thousand. This is a result of the department being fully staffed in 2017 compared to 2016. They also incurred a higher level of spending on supplies as they are being more proactive and intentional in the planning and preparation for busier summer months. Since the end of 2nd quarter, expenditures have been lower each month than in 2016 during the same time period. IN INFORMATIONAL MEMO Page 5 • Professional Services allocated budget is under budget due to the Technology Services change in budget usage in 2017 compared to 2016. The Technology Services budget increased by $157 thousand in response to the approach to services provided. Through the 3rd quarter 2017 Technology Services has spent $10 thousand of the $305 thousand budgeted. Technology Services plans to spend the $305 thousand in 2017 as most of the expenses will occur in the 4th quarter. • Rentals and Leases allocated budget is affected by the true up of costs at the end of the year. In 2016 each of the departments received reductions in expenses in December from Fleet services, which are not factored into the allocated budget through the 3rd quarter. Based on the projected spend in 2017 Repairs and Maintenance will be very close to utilizing the entire budget amount. Fund Summary The chart below is a summary of ending balances for each of the fund types as of September 30,2017. Fund Summary General] Special Capital Enterprise Internal Debt 42,282,494 Contingency Revenue Projects - Service 11,223,859 Beginning Fund Balance 17,890,260 1,466,097 45,947,009 17,240,620 6,770,635 1,292,357 Revenues 42,316,147 551,546 15,387,809 20,690,502 6,668,037 2,245,206 Expenditures (42,898,272) (550,049) (7,423,049) (17,758,299) (6,612,854) (1,307,070) Ending Fund Balance 17,308,135 1,467,594 53,911,769 20,172,823 6,825,818 2,230,493 General/Contingency General Fund General Contingency Beginning Fund Balance 11,839,636 6,050,624 Revenues 42,282,494 33,653 Expenditures (42,898,272) - Ending Fund Balance 11,223,859 1 6,084,277 Special Revenue Funds: Special revenue funds account for revenue sources and expenditures that are legally restricted to a specific purpose. The City has two special revenue funds: Lodging tax and Seizure. The Lodging tax fund receives a special excise tax on lodging charges and is used to promote tourism. The seizure fund accounts for the yearly accumulation of drug seizure funds and is used for seizure related expenditures. Through the end of September 2017, revenues exceeded expenditures in the Lodging tax fund. Expenditures for the Seizure fund are greater than revenue by $316 thousand. In 2017 expenditures in the Seizure fund will exceed revenues due to amounts received in 2016 from the Motel raid in 2013. Special Revenue Funds Lodging Tax Seizure Beginning Fund Balance 912,558 553,539 Revenues 519,551 31,996 Expenditures (201,244) (348,805) Ending Fund Balance 1,230,865 236,729 ipt INFORMATIONAL MEMO Page 6 Capital Projects Funds The City has six capital projects funds. Revenue and expenditure details for the funds are as follows: Capital Project Funds Residential Arterial Streets Land Acq, Rec. Facility Gen Govt Fre Impact Public Safety City Facilities Streets & Park Dev. Replacement Improvements Fees Plan Beginning Fund Balance 658,932 3,999,376 3,352,113 295,040 391,903 736,518 36,513,127 Revenues 9,341,667 4,631,382 919,272 2,072 151,087 277,877 64,453 - Expenditures (1,182,813) (5,201,495) (239,823) (54,181) (179,595) - (423,116) (142,027) Ending Fund Balance 8,817,786 1 3,429,264 1 4,031,562 1 242,9311 363,3951 1,014,395 1 36,154,464 (142,027) Residential Streets: Major projects include 42nd Ave S Phase III and 53,d Ave S street improvement projects. Through September, $421 thousand has been spent on 42nd Ave and 53,d had expenditures of $562 thousand. Bonds of $8.8 million were issued in July. Arterial Streets: Through September 2017, major projects in the arterial street fund include the TUC Pedestrian/Bicycle Bridge project, which had expenditures of $3.3 million and S 144th St Phase II which had expenditures of $1.1 million. Several other projects had activity as well through the end of third quarter. Additionally, the arterial streets fund has received $873 thousand in REET and $2.2 million from WSDOT for the regional mobility grant. Land Acq, Recreation & Parks Development: Through June, $873 thousand in REET revenue has been received. Just under $73 thousand has been spent on the Duwamish Hill Preserve project and $55 thousand on the Duwamish Gardens project. Cascade View Park Playground Equipment project incurred $79 thousand in expenditures. Public Safety Plan: Through September $126 thousand has been spent on the Justice Center and $297 has been spent on the three fire stations. City Facilities: Through September, $142 thousand has been spent on preliminary siting for the Public Works shops facility. Budgeted revenue for this fund is bond proceeds. Bonds will be not sold in 2017 so an operating transfer to cover these costs will need to be included in the 2017 budget amendments. 20 INFORMATIONAL MEMO Page 7 Enterprise Funds The City's four enterprise funds account for operations with revenues primarily provided from user fees, charges, or contracts for services. The City has three utilities and one golf course. The following chart summaries activity for the first quarter: Enterprise Funds Water Sewer Faster Golf Surface Water Beginning Fund Balance 6,692,750 7,826,985 117,982 2,602,903 Revenues 5,519,837 7,596,153 1,397,014 6,177,498 Expenditures (6,247,013) (6,834,351) (1,397,210) (3,279,726) Ending Fund Balance 5,965,574 8,588,788 1 117,786 1 5,500,674 Water: Revenue through the end of third quarter is at $5.5 million, or 80% of budget while expenses are at $6.2 million, or 71% of budget. Through September, $1.8 million has been spent on the Andover Pk E Water/Sewer Main Replacement project. Sewer: Revenue through the end of third quarter is at $7.6 million, or 88% of budget while expenses are at $6.8 million, or 61% of budget. Through September, $1.4 million has been spent on the Andover Pk E Water/Sewer Main Replacement project. Surface Water: Revenue through September is at $6.2 million, or 83% of budget while expenses are at $3.3 million, or 40% of budget. With the late start of the 42nd Ave S/Gillam Cree project, construction expenditures will be lower in 2017 than budgeted. Revenue for the golf course is weather dependent and is typically lower during the winter months while expenditures remain consistent throughout the year. Revenue is on par with budget at $1.4 million received, or 75% of budget and expenses are at $1.4 million, or 75% of budget. Internal Service Funds Internal service funds provide services to other City departments and include functions such as employee and LEOFF 1 retiree medical insurance as well as equipment rental and replacement. Through the end of September, all internal service funds have sufficient funds to meet expenses. 21 Self Insured Self Insured Internal Service Funds Fleet Healthcare - Healthcare - Actives Retirees Beginning Fund Balance 4,393,334 1,494,823 882,478 Revenues 2,008,476 41467,990 191,572 Expenditures (1,640,826) (4,643,796) (328,232) Ending Fund Balance 4,760,984 1,319,017 1 745,818 21 GENERALFUND CITY OF TUKWILA GENERAL FUND REVENUES YTD AS OF SEPTEMBER 30, 2017 10/30/2017 16:24 22 BUDGET ACTUAL COMPARISON OF RESULTS SUMMARY BY REVENUE TYPE 2017 OVER/(UNDER) % CHANGE ALLOCATED 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT %REC'D 2015/2016 2016/2017 PROPERTY TAX 14,906,636 8,351,425 7,819,786 8,120,664 8,136,439 (214,985) 55% 4% 0% SALES TAX 20,026,555 15,182,493 14,350,288 14,330,588 14,046,074 (1,136,420) 70% (0)% (2)% ADMISSIONS TAX 760,000 616,869 529,560 562,579 558,400 (58,469) 73% 6% (1)% UTILITY TAX 4,118,053 3,122,825 2,878,156 3,066,392 3,139,174 16,349 76% 7% 2% INTERFUND UTILITY TAX 2,161,000 1,811,512 1,709,726 1,791,063 1,877,158 65,646 87% 5% 5% GAMBLING & EXCISE TAX 3,931,400 2,732,006 2,140,555 2,635,735 2,973,421 241,415 76% 23% 13% TOTAL GENERAL REVENUE 45,903,644 31,817,130 29,428,072 30,507,021 30,730,666 (1,086,464) 67% 4% 1% RGRL 1,900,000 1,887,308 1,843,121 1,797,480 1,740,367 (146,941) 92% (2)% (3)% BUSINESS LICENSES 873,640 775,591 747,606 731,351 721,360 (54,230) 83% (2)% (1)% RENTAL HOUSING 45,000 37,005 41,100 37,490 41,220 4,215 92% (9)% 10% BUILDING PERMITS 1,389,600 1,124,751 1,029,921 1,056,557 1,185,374 60,623 85% 3% 12% TOTAL LICENSES AND PERMITS 4,208,240 3,824,655 3,661,748 3,622,878 3,688,321 (136,333) 88% (1) % 2% SALES TAX MITIGATION 1,140,000 860,858 851,096 847,295 820,163 (40,694) 72% (0)% (3)% FRANCHISE FEE 2,199,500 1,684,581 1,669,992 1,602,580 1,621,568 (63,012) 74% (4)% 1% GRANT 553,591 278,335 318,892 364,242 512,890 234,556 93% 14% 41% STATE ENTITLEMENTS 416,533 284,680 244,442 227,776 301,153 16,473 72% (7)% 32% INTERGOVERNMENTAL 553,626 506,035 37,688 124,059 453,155 (52,880) 82% 229% 265% TOTAL INTERGOVERNMENTAL REVENUE 4,863,250 3,614,487 3,122,109 3,165,951 3,708,930 94,442 76% 1% 17% GENERAL GOVERNMENT 35,265 31,743 42,499 30,419 38,532 6,789 109% (28)% 27% SECURITY 685,726 485,553 354,810 533,757 433,174 (52,379) 63% 50% (19)% TRANSPORTATION 109,000 79,439 6,878 38,877 21,527 (57,912) 20% 465% (45)% PLAN CHECK AND REVIEW FEES 905,090 700,910 955,138 606,044 603,989 (96,921) 67% (37)% (0)% CULTURE AND REC FEES 1,035,840 779,507 774,942 885,882 779,675 167 75% 14% (12)% TOTAL CHARGES FOR SERVICES 2,770,921 2,077,153 2,134,267 2,094,979 1,876,896 (200,256) 68% (2) % (10) % FINES & PENALTIES 266,829 185,674 135,240 185,826 180,191 (5,483) 68% 37% (3)% MISC 573,749 343,691 336,348 456,684 388,197 44,506 68% 36% (15)% INDIRECT COST ALLOCATION 2,279,058 1,709,294 1,691,490 1,675,107 1,709,294 0 75% (1)% 2% TOTAL OTHER INCOME 3,119,636 2,238,658 2,163,078 2,317,617 2,277,681 39,023 73% 7% (2)% TOTAL OPERATING REVENUE 60,865,691 43,572,083 40,509,273 41,708,446 42,282,494 (1,289,589) 69% 3% 1% TRANSFERS IN (TUKWILA VILLAGE) 1,800,000 - - - - 0% 0% 0% TOTAL REVENUE 62,665,691 43,572,083 40,509,273 41,708,446 42,282,494 (1,289,589) 67% 3% 1% 22 GENERAL FUND CITY OF TUKWILA GENERAL FUND EXPENDITURES YTD AS OF SEPTEMBER 30, 2017 10/30/2017 16:24 Percent of year completed 75.00% 23 BUDGET ACTUAL COMPARISON OF RESULTS SUMMARY OF EXPENDITURES BY ACTUAL DEPARTMENT 2017 OVER/(UNDER) % CHANGE ALLOCATED 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPENT 2015/2016 2016/2017 01 City Council 366,016 277,710 234,254 245,148 249,547 (28,163) 68% 5% 2% 03 Mayor 4,079,582 2,851,102 2,515,592 2,748,552 2,591,379 (259,723) 64% 9% (6)% 04 Human Resources 706,208 561,048 458,263 511,264 496,247 (64,801) 70% 12% (3)% 05 Finance 2,638,813 2,102,356 1,941,928 1,727,012 1,846,892 (255,464) 70% (11)% 7% 06 Attorney 716,955 423,713 367,514 313,782 379,561 (44,152) 53% (15)% 21% 07 Recreation 3,384,688 2,424,365 2,169,604 2,243,254 2,345,991 (78,374) 69% 3% 5% 08 Community Development 3,693,338 2,686,717 2,283,937 2,355,718 2,410,508 (276,209) 65% 3% 2% 09 Municipal Court 1,307,808 949,786 852,547 854,670 905,381 (44,406) 69% 0% 6% 10 Police 18,288,092 13,983,562 12,736,086 13,523,909 13,092,140 (891,422) 72% 6% (3)% 11 Fire 11,862,568 8,753,918 8,778,756 8,470,262 8,789,700 35,781 74% (4)% 4% 12 Technology & Innovation Svcs 2,026,820 1,193,228 768,618 899,101 1,256,059 62,831 62% 17% 40% 13 Public Works 3,802,639 2,844,247 2,512,897 2,736,753 2,645,086 (199,160) 70% 9% (3)% 15 Park Maintenance 1,418,760 1,068,094 1,048,740 1,025,292 1,078,928 10,834 76% (2)% 5% 16 Street Maintenance & Operations 3,109,592 2,534,680 2,059,449 2,419,833 2,421,350 (113,330) 78% 17% 0% Dept20 5,237,691 4,423,721 41268,885 4,019,855 2,389,503 (2,034,218) 46% (6)% (41)% r20 Total Editures xpen 62,639,570 47,078,248 42,997,069 44,094,405 42,898,272 (4,179,976) 68% 3% (3)% Percent of year completed 75.00% 23 GENERAL FUND CITY OF TUKWILA GENERAL FUND EXPENDITURES YTD AS OF SEPTEMBER 30, 2017 10/30/2017 16:24 Percent of year completed 75.00% BUDGET ACTUAL COMPARISON OF RESULTS SUMMARY OF SALARIES AND 2017 ACTUAL %CHANGE ALLOCATED BENEFITS 2017 ANNUAL ALLOCATED 2015 2016 2017 OVER/(UNDER) % SPENT % CHANGE Transfers 5,237,691 2017 4,268,885 4,019,855 2,389,503 ALLOCATED 46% (6)% (41)% 31 Supplies 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPENT 2015/2016 2016/2017 11 Salaries 27,560,991 20,602,504 19,079,225 19,681,228 20,057,149 (545,355) 73% 3% 2% 12 Extra Labor 777,897 564,889 492,001 515,630 537,780 (27,110) 69% 5% 4% 13 Overtime 1,632,035 1,264,356 1,348,155 1,121,729 1,257,252 (7,103) 77% (17)% 12% 15 Holiday Pay 525,583 80,848 4,767 82,934 79,930 (918) 15% 1640% (4)% 21 FICA 1,809,260 1,380,761 1,244,643 1,284,707 1,318,877 (61,884) 73% 3% 3% 22 Pension-LEOFF2 849,253 611,396 588,988 596,727 614,585 3,189 72% 1% 3% 23 Pension-PERS/PSERS 1,580,986 1,184,766 886,435 1,035,903 1,119,321 (65,445) 71% 17% 8% 24 Industrial Insurance 864,098 604,146 429,038 483,182 463,078 (141,068) 54% 13% (4)% 25 Medical & Dental 5,903,094 4,438,538 3,928,259 4,200,060 4,206,933 (231,605) 71% 7% 0% 26 Unemployment 13,000 - 1,285 28,991 3,956 3,956 30% 2155% (86)% 28 Uniform/Clothing 10,460 31974 31708 2,494 11978 (1,996) 19% (33)% (21)% Total Salaries and Benefits 41,526,657 30,736,177 1 28,006,504 29,033,585 29,660,838 1 (1,075,339) 71% 4% 2% Percent of year completed 75.00% Percent of year completed 75.00% 24 BUDGET ACTUAL COMPARISON OF RESULTS SUMMARY OF SUPPLIES, SERVICES, AND CAPITAL 2017 ACTUAL OVER/(UNDER) %CHANGE ALLOCATED 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPENT 2015/2016 2016/2017 Transfers 5,237,691 4,423,721 4,268,885 4,019,855 2,389,503 (2,034,218) 46% (6)% (41)% 31 Supplies 1,164,823 891,399 842,918 858,333 827,517 (63,881) 71% 2% (4)% 34 Items Purchased for resale 22,000 16,310 21,915 16,439 15,307 (1,003) 70% (25)% (7)% 35 Small Tools 99,818 58,758 270,791 61,909 74,412 15,654 75% (77)% 20% 41 Professional Services 3,266,711 1,965,768 1,897,403 1,740,630 1,770,594 (195,174) 54% (8)% 2% 42 Communication 449,970 264,562 241,099 235,222 272,565 8,002 61% (2)% 16% 43 Travel 192,380 147,581 102,146 106,564 133,854 (13,727) 70% 4% 26% 44 Advertising 51,500 29,422 23,142 16,415 14,343 (15,079) 28% (29)% (13)% 45 Rentals and Leases 2,314,372 2,097,567 2,020,658 1,966,664 1,754,783 (342,785) 76% (3)% (11)% 46 Insurance 886,895 886,895 785,581 810,799 887,617 722 100% 3% 9% 47 Public Utilities 1,893,570 1,579,517 1,364,057 1,521,197 1,645,921 66,405 87% 12% 8% 48 Repairs and Maintenance 732,613 474,933 445,502 466,278 353,019 (121,914) 48% 5% (24)% 49 Miscellaneous 1,562,773 1,135,119 810,049 746,266 784,543 (350,576) 50% (8)% 5% 51 Inter -Governmental 3,003,792 2,299,851 1,855,976 2,057,846 2,259,800 (40,051) 75% 11% 10% 53 Ext Taxes, Oper. Assess 5 - 48 549 219 219 4378% 1054% (60)% 64 Machinery & Equipment 234,000 70,667 40,395 435,853 53,435 (17,231) 23% 979% (88)% Total Supplies, Services, and Capital 21,112,913 16,342,071 1 14,990,565 15,060,820 13,237,433 1 (3,104,637) 63% 0% (12)% Percent of year completed 75.00% 24 CITY COUNCIL CITY OF TUKWILA GENERAL FUND EXPENDITURES YTD AS OF SEPTEMBER 30, 2017 10/31/201710:48 Percent of year completed 75.00% 25 BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY EXPENDITURE TYPE 2017 OVER/(UNDER) ALLOCATED % CHANGE 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 199,767 149,335 136,809 144,905 149,270 (65) 75% 6% 3% 21 FICA 15,680 11,724 10,740 11,385 11,747 23 75% 6% 3% 23 Pension-PERS/PSERS 11,386 8,501 6,269 7,473 8,248 (253) 72% 19% 10% 24 Industrial Insurance 2,823 1,995 1,708 1,764 1,642 (353) 58% 3% (7)% 25 Medical & Dental 59,090 44,144 40,820 40,470 44,287 142 75% (1)% 9% Total Salaries & Benefits 288,746 215,700 196,346 205,996 215,193 507 75% 5% 4% 31 Supplies 4,370 3,624 2,513 3,255 1,212 (2,411) 28% 30% (63)% 41 Professional Services 16,500 16,500 6,959 1,865 - (16,500) - (73)% 42 Communication 6,000 4,446 2,940 3,345 3,225 (1,221) 54% 14% (4)% 43 Travel 40,000 29,969 21,673 23,217 23,292 (6,676) 58% 7% 0% 49 Miscellaneous 10,400 7,472 3,824 7,470 6,625 (847) 64% 95% -11% Total Operating Expenses 77,270 62,011 37,908 39,152 34,354 27,656 44% 3% (12)% Total Expenses 366,016 277,710 234,254 245,148 249,547 28,163 68% 5% 2% Percent of year completed 75.00% 25 MAYOR CITY OF TUKWILA GENERAL FUND EXPENDITURES YTD AS OF SEPTEMBER 30, 2017 10/31/201710:48 MAYOR DIVISION SUMMARY Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 BUDGET BUDGET ACTUAL ACTUAL COMPARISON OF RESULTS COMPARISON OF RESULTS SUMMARY BY EXPENDITURE ACTUAL ACTUAL SUMMARY BY DIVISION TYPE OVER/(UNDER) %CHANGE OVER/(UNDER) % CHANGE 2017 ALLOCATED 2017 ANNUAL ALLOCATED 2015 2016 2017 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 1,508,785 1,136,959 1,076,266 1,098,195 1,082,662 (54,297) 72% 2% (1)% 12 Extra Labor 53,500 13,052 8,473 1,700 12,002 (1,050) 22% (80)% 606% 13 Overtime 532 - - - - 294,018 - - - 21 FICA 112,437 86,580 81,188 82,307 83,480 (3,100) 74% 1% 1% 23 Pension-PERS/PSERS 180,721 133,724 105,754 117,334 122,264 (11,460) 68% 11% 4% 24 Industrial Insurance 5,647 4,193 3,342 3,261 3,396 (797) 60% (2)% 4% 25 Medical & Dental 295,280 221,205 185,009 201,632 213,304 (7,901) 72% 9% 6% Total Salaries & Benefits 2,156,902 1,595,712 1,460,031 1,504,430 1,517,108 78,604 70% 3% 1% 31 Supplies 59,544 40,827 44,749 32,547 21,706 (19,121) 36% (27)% (33)% 35 Small Tools 5,500 - 1,852 1,239 - LIBRARY ADVISORY BOARD - (33)% - 41 Professional Services 1,169,970 781,393 720,891 744,597 677,490 (103,902) 58% 3% (9)% 42 Communication 112,600 52,251 31,219 43,432 46,209 (6,042) 41% 39% 6% 43 Travel 41,550 31,870 19,292 18,287 15,244 (16,626) 37% (5)% (17)% 44 Advertising 19,750 10,235 6,449 3,670 5,050 (5,185) 26% (43)% 38% 45 Rentals and Leases 39,580 26,148 18,731 20,489 28,876 2,728 73% 9% 41% 48 Repairs and Maintenance 32,460 16,308 7,656 28,230 1,767 (14,541) 5% 269% (94)% 49 Miscellaneous 404,726 292,275 201,580 290,733 273,726 (18,549) 68% 44% (6)% 51 Inter -Governmental 37,000 4,083 3,141 4,197 4,202 119 11% 34% 0% 53 Ext Taxes, Oper Assess - - 2 1 0 0 - (63)% (85)% 64 Machinery & Equipment - - 56,700 - - - - Total Operating Expenses 1,922,680 1,255,390 1,055,561 1,244,122 1,074,272 181,118 56% 18% (14)% Total Expenses 4,079,582 2,851,102 2,515,592 2,748,552 2,591,379 259,723 64% 9% (6)% MAYOR DIVISION SUMMARY Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 Percent of year completed 75.00% 26 BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY DIVISION OVER/(UNDER) %CHANGE 2017 ALLOCATED 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 ADMINISTRATION 937,912 678,896 948,499 655,953 674,503 (4,392) 72% (31)% 3% ECONOMIC DEVELOPMENT 374,142 306,080 20,192 351,614 299,659 (6,420) 80% 1641% (15)% CITY CLERK 762,873 517,118 446,213 544,154 439,084 (78,034) 58% 22% (19)% COMMUNICATIONS 629,027 423,860 302,084 294,018 403,464 (20,396) 64% (3)% 37% HUMAN SERVICES 813,515 575,330 469,340 575,501 492,877 (82,453) 61% 23% (14)% COURT DEFENDER 477,000 317,695 298,161 307,795 268,911 (48,784) 56% 3% (13)% SISTER CITIES COMM. 6,475 5,550 - 4,613 - (5,550) - - - PLANNING COMMISSION 3,750 3,250 4,172 604 845 (2,405) 23% (86)% 40% EQUITY & DIVERSITY COMMISSION 3,200 2,785 480 30 785 (2,000) 25% (94)% 2517% ARTS COMMISSION 5,000 3,731 3,201 3,834 3,855 124 77% 20% 1% PARKS COMMISSION 3,688 3,291 4,396 2,126 1,730 (1,561) 47% (52)% (19)% LIBRARY ADVISORY BOARD 5,000 2,286 1,134 1,601 1,086 (1,201) 22% 41% (32)% COMMUNITY PROMOTION 26,000 10,878 17,721 6,346 4,233 (6,645) 16% (64)% (33)% VOTER REGISTRATION COSTS 32,000 351 - 364 347 (4) 1% - (5)% Total Expenses 4,079,582 2,851,102 2,515,592 2,748,552 2,591,379 (259,723) 64% 9% (6)% Percent of year completed 75.00% 26 MAYOR ADMINISTRATION YTD AS OF SEPTEMBER 30, 2017 10/31/201710:48 MAYOR ECONOMIC DEVELOPMENT Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY EXPENDITURE TYPE 2017 OVER/(UNDER) ALLOCATED % CHANGE 2017 ANNUAL ALLOCATED 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 356,437 266,829 503,309 260,799 267,453 624 75% (48)% 3% 12 Extra Labor 5,000 3,602 2,540 1,700 2,552 (1,050) 51% (33)% 50% 21 FICA 23,751 19,102 37,680 20,540 21,856 2,754 92% (45)% 6% 23 Pension-PERS/PSERS 42,361 30,098 49,397 27,439 29,742 (356) 70% (44)% 8% 24 Industrial Insurance 1,059 762 1,272 683 575 (188) 54% (46)% (16)% 25 Medical & Dental 75,374 56,547 67,263 53,292 57,438 891 76% (21)% 8% Total Salaries & Benefits 75% (45)% 4% 31 Supplies 17,200 I 14,790 29,879 15,345 6,351 (8,439) 37% (49)% (59)% 41 Professional Services 190,000 108,000 126,012 94,999 103,536 (4,463) 54% (25)% 9% 42 Communication - - 168 - 276 276 - (81)% - 43 Travel 20,000 12,730 12,115 8,815 9,049 (3,682) 45% (27)% 3% 45 Rentals and Leases 25,480 13,395 11,957 12,137 19,651 6,256 77% 2% 62% 48 Repairs and Maintenance 3,250 2,620 - 1,345 - (2,620) - - - 49 Miscellaneous 178,000 150,420 106,906 158,858 156,024 5,604 88% 49% (2)% 53 Ext Taxes, Oper Assess - - 2 1 0 0 - (63)% (85)% Total Operating Expenses 68% 2% 1% Total Expenses 1 937,912 678,8961 948,499 655,953 674,503 (4,392) 72% (31)% 3% MAYOR ECONOMIC DEVELOPMENT Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 Percent of year completed 75.00% 27 BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY EXPENDITURE TYPE 2017 OVER/(UNDER) ALLOCATED % CHANGE 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 247,021 198,717 249,117 184,996 (13,721) 75% - (26)% 12 Extra Labor 8,000 6,450 - 6,450 - 81% 21 FICA 17,741 14,957 18,191 14,346 (611) 81% (21)% 23 Pension-PERS/PSERS 29,655 23,544 26,084 21,608 (1,936) 73% (17)% 24 Industrial Insurance 706 706 561 841 135 119% 50% 25 Medical & Dental 21,269 17,448 22,588 15,638 (1,810) 74% (31)% Total Salaries & Benefits 75% (23)% 31 Supplies 1,000 1 624 332 745 371 (252) 37% 125% (50)% 41 Professional Services 16,000 16,000 5,500 6,100 44,245 28,245 277% 11% 625% 43 Travel 6,000 4,111 3,169 608 738 (3,372) 12% (81)% 21% 44 Advertising 2,000 - 346 - - - - - 49 Miscellaneous 24,750 23,523 10,845 27,620 10,424 (13,098) 42% 155% (62)% Total Operating Expenses 112% 74% 59% Total Expenses 374,142 306,080 20,192 351,614 299,659 (6,420) 80% 1641% (15)% Percent of year completed 75.00% 27 MAYOR CITY CLERK YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 MAYOR COMMUNICATIONS Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL ACTUAL SUMMARY BY EXPENDITURE SUMMARY BY EXPENDITURE TYPE 2017 2017 OVER/(UNDER) ALLOCATED OVER/(UNDER) ALLOCATED % CHANGE % CHANGE 2017 ANNUAL ALLOCATED 2015 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 371,475 284,812 270,456 278,741 253,420 (31,393) 68% 3% (9)% 12 Extra Labor 35,000 - - - - 60% - - 21 FICA 21 FICA 30,511 23,284 20,237 20,525 18,972 (4,311) 62% 1% (8)% 23 Pension-PERS/PSERS 44,598 33,708 26,615 29,350 29,639 (4,069) 66% 10% 1% 24 Industrial Insurance 1,764 1,254 1,007 984 891 (363) 51% (2)% (9)% 25 Medical & Dental 92,996 69,026 60,164 64,047 68,570 (456) 74% 6% 7% Total Salaries & Benefits 70% 64% 4% (6)% 31 Supplies 12,308 8,510 5,486 7,026 6,903 (1,607) 56% 28% (2)% 41 Professional Services 6,000 4,500 2,312 1,572 1,610 (2,890) 27% (32)% 2% 42 Communication 72,600 29,729 29,219 28,135 35,080 5,351 48% (4)% 25% 43 Travel 5,500 5,500 1,410 2,032 1,411 (4,089) 26% 44% (31)% 44 Advertising 12,300 9,765 6,103 3,619 5,030 (4,735) 41% (41)% 39% 45 Rentals and Leases 10,100 10,083 3,837 5,738 9,538 (545) 94% 50% 66% 48 Repairs and Maintenance 24,710 13,688 7,656 26,885 1,767 (11,920) 7% 251% (93)% 49 Miscellaneous 43,011 23,259 11,713 18,800 6,252 (17,007) 15% 61% (67)% 64 Machinery & Equipment - - - 56,700 - 82% - - Total Operating Expenses Total Operating Expenses 39% 36% 122% (55)% Total Expenses Total Expenses 762,873 517,118 446,213 544,154 439,084 (78,034) 58% 22% (19)% MAYOR COMMUNICATIONS Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 Percent of year completed 75.00% W. BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY EXPENDITURE TYPE 2017 OVER/(UNDER) ALLOCATED % CHANGE 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 359,745 255,928 174,177 179,796 251,997 (3,932) 70% 3% 40% 12 Extra Labor 5,000 3,000 5,933 - 3,000 - 60% - - 21 FICA 27,176 19,303 13,594 13,284 18,883 (420) 69% (2)% 42% 23 Pension-PERS/PSERS 43,205 30,708 17,133 20,035 29,397 (1,310) 68% 17% 47% 24 Industrial Insurance 1,412 969 660 619 789 (180) 56% (6)% 27% 25 Medical & Dental 72,989 53,711 36,235 38,980 53,377 (334) 73% 8% 37% Total Salaries & Benefits 70% 2% 41% 31 Supplies 9,000 1,891 3,021 3,156 1,982 90 22% 4% (37)% 35 Small Tools 5,500 - 1,852 - - - - 41 Professional Services 35,000 17,110 25,987 - 17,110 49% - 42 Communication 40,000 22,522 1,832 15,297 10,853 (11,669) 27% 735% (29)% 43 Travel 4,000 4,000 2,499 2,486 4,046 46 101% (1)% 63% 44 Advertising 5,000 20 - - 20 0% - 45 Rentals and Leases 4,000 2,670 2,937 2,614 (313) (2,983) (8)% (11)% (112)% 48 Repairs and Maintenance 2,000 - - - - - - - 49 Miscellaneous 15,000 12,029 16,225 17,751 12,323 295 82% 9% (31)% Total Operating Expenses 39% (24)% 11% Total Expenses 629,027 423,860 302,084 294,018 403,464 (20,396) 64% (3)% 37% Percent of year completed 75.00% W. MAYOR HUMAN SERVICES YTD AS OF SEPTEMBER 30, 2017 10/31/201710:48 MAYOR COURT DEFENDER Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 SUMMARY BY EXPENDITURE TYPE BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL 2017 2017 ANNUAL ALLOCATED COMPARISON OF RESULTS ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT % SPEND 2015/2016 2016/2017 31 Supplies 41 Professional Services - - 477,000 317,695 - - 298,161 307,795 549 268,362 549 (49,333) ACTUAL - 3% - (13)% Total Operating Expenses SUMMARY BY EXPENDITURE TYPE - - 2017 56% 3% (13)% OVER/(UNDER) ALLOCATED 5,050 5,050 % CHANGE (5,050) 49 Miscellaneous 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 174,107 130,672 128,325 129,743 124,796 (5,876) 72% 1% (4)% 12 Extra Labor 500 - - - - - - 13 Overtime 532 - - - - - - - 21 FICA 13,258 9,934 9,677 9,768 9,422 (512) 71% 1% (4)% 23 Pension-PERS/PSERS 20,902 15,666 12,610 14,426 11,877 (3,789) 57% 14% (18)% 24 Industrial Insurance 706 502 403 414 301 (201) 43% 3% (27)% 25 Medical & Dental 32,652 24,473 21,346 22,724 18,280 (6,193) 56% 6% (20)% Total Salaries & Benefits 68% 3% (7)% 31 Supplies 1,688 1,134 611 720 496 (638) 29% 18% (31)% 41 Professional Services 433,470 317,838 248,999 334,131 242,377 (75,461) 56% 34% (27)% 43 Travel 500 479 99 233 - (479) - 135% - 49 Miscellaneous 135,200 74,632 47,270 63,345 85,327 10,695 63% 34% 35% Total Operating Expenses 57% 34% (18)% Total Expenses 813,515 575,330 469,340 575,501 492,877 (82,453) 61% 23% MAYOR COURT DEFENDER Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 SUMMARY BY EXPENDITURE TYPE BUDGET ACTUAL COMPARISON OF RESULTS COMPARISON OF RESULTS 2017 2017 ANNUAL ALLOCATED 2015 2016 2017 ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT % SPEND 2015/2016 2016/2017 31 Supplies 41 Professional Services - - 477,000 317,695 - - 298,161 307,795 549 268,362 549 (49,333) - 56% - 3% - (13)% Total Operating Expenses 425 - - 41 Professional Services 56% 3% (13)% 43 Travel 5,050 5,050 4,113 (5,050) 49 Miscellaneous 500 500 500 (500) Total Expenses 477,000 317,6951 298,161 307,795 268,911 (48,784) 56% 3% (13)% MAYOR SISTER CITIES COMM. Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 Percent of year completed 75.00% It BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY EXPENDITURE TYPE 2017 OVER/(UNDER) % CHANGE ALLOCATED 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 31 Supplies 425 - - 41 Professional Services 500 - - 43 Travel 5,050 5,050 4,113 (5,050) 49 Miscellaneous 500 500 500 (500) Total Operating Expenses Total Expenses 6,475 5,550 4,613 (5,550) Percent of year completed 75.00% It MAYOR PLANNING COMMISSION YTD AS OF SEPTEMBER 30, 2017 10/31/201710:48 MAYOR EQUITY & DIVERSITY COMMISSION Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 SUMMARY BY EXPENDITURE TYPE BUDGET ACTUAL ACTUAL 2017 2017 ANNUAL ALLOCATED COMPARISON OF RESULTS ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT % SPEND 2015/2016 2016/2017 31 Supplies 49 Miscellaneous 1,200 2,000 785 2,000 480 - 785 - 30 ACTUAL 65% - - - - Total Operating Expenses SUMMARY BY EXPENDITURE TYPE 2017 25% (94)% 2517% OVER/(UNDER) ALLOCATED 20% % CHANGE 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 31 Supplies 1,000 1,000 347 154 124 (1,000) 20% (56)% - 43 Travel 500 - - - - - 49 Miscellaneous 2,250 2,250 3,825 450 845 (1,405) 38% (88)% 88% Total Operating Expenses 23% (86)% 40% Total Expenses 3,750 3,250 4,172 604 845 (2,405) 23% (86)% 40% MAYOR EQUITY & DIVERSITY COMMISSION Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 SUMMARY BY EXPENDITURE TYPE BUDGET ACTUAL COMPARISON OF RESULTS 2017 2017 ANNUAL ALLOCATED 2015 2016 2017 ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT % SPEND 2015/2016 2016/2017 31 Supplies 49 Miscellaneous 1,200 2,000 785 2,000 480 - 785 - 30 (2,000) 65% - - - - Total Operating Expenses - 1% Total Operating Expenses 25% (94)% 2517% 77% 20% 1% Total Expenses 3,200 2,785 480 30 785 (2,000) 25% (94)% 2517% MAYOR ARTS COMMISSION Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 SUMMARY BY EXPENDITURE TYPE BUDGET ACTUAL COMPARISON OF RESULTS 2017 2017 ANNUAL ALLOCATED 2015 2016 2017 ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT % SPEND 2015/2016 2016/2017 31 Supplies 51 Inter -Governmental - - 5,000 3,731 60 - 3,141 3,834 - 3,855 - 124 - 77% - 22% - 1% Total Operating Expenses 77% 20% 1% Total Expenses 5,000 3,731 3,201 3,834 3,855 124 77% 20% 1% Percent of year completed 75.00% 30 MAYOR PARKS COMMISSION YTD AS OF SEPTEMBER 30, 2017 10/31/201710:48 SUMMARY BY EXPENDITURE TYPE BUDGET ACTUAL ACTUAL COMPARISON OF RESULTS COMPARISON OF RESULTS 2017 2017 ANNUAL ALLOCATED 2015 2016 2017 ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT % SPEND 2015/2016 2016/2017 31 Supplies 49 Miscellaneous 1,688 2,000 1,448 1,843 3,181 1,215 372 1,754 1,080 650 (368) (1,193) 64% 33% (88)% 191% 44% (63)% Total Operating Expenses Total Expenses 2017 22% 41% (32)% OVER/(UNDER) ALLOCATED 47% (52)% (19)% 2017 ANNUAL ALLOCATED 1 2016 Total Expenses 5,000 2,286 1,134 1,601 1,086 Total Expenses 3,688 3,291 4,396 2,126 1,730 (1,561) 47% (52)% (19)% MAYOR LIBRARY ADVISORY BOARD Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 SUMMARY BY EXPENDITURE TYPE BUDGET ACTUAL ACTUAL OVER/(UNDER) % CHANGE 2017 ALLOCATED 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 COMPARISON OF RESULTS 2017 2017 ANNUAL ALLOCATED 2015 2016 2017 ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT % SPEND 2015/2016 2016/2017 31 Supplies 41 Professional Services 5,000 2,286 - - 609 1,601 525 - 1,086 - (1,201) 22% - 163% - (32)% Total Operating Expenses SUMMARY BY EXPENDITURE TYPE Total Expenses 2017 22% 41% (32)% OVER/(UNDER) ALLOCATED % CHANGE 2017 ANNUAL ALLOCATED 2015 2016 Total Expenses 5,000 2,286 1,134 1,601 1,086 (1,201) 22% 41% (32)% MAYOR COMMUNITY PROMOTION Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 MAYOR VOTER REGISTRATION COSTS Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 SUMMARY BY EXPENDITURE TYPE BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL OVER/(UNDER) % CHANGE 2017 ALLOCATED 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 ACTUAL 32,000 351 COMPARISON OF RESULTS 1% - (5)% Total Operating Expenses 1% ACTUAL SUMMARY BY EXPENDITURE TYPE Total Expenses 2017 364 347 (4) 1% (5)% OVER/(UNDER) ALLOCATED % CHANGE 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 31 Supplies 9,035 8,359 744 3,430 2,103 (6,256) 23% 361% (39)% 35 Small Tools - - - 1,239 - - - 41 Professional Services 12,000 250 13,395 - 250 - 2% 44 Advertising 450 450 - 51 - (450) - 48 Repairs and Maintenance 2,500 - - - - - - - 49 Miscellaneous 2,015 1,819 3,582 1,625 1,880 61 93% (55)% 16% Total Operating Expenses 16% (64)% (33)% Total Expenses 26,000 10,878 17,721 6,346 4,233 (6,645) 16% (64)% (33)% MAYOR VOTER REGISTRATION COSTS Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 SUMMARY BY EXPENDITURE TYPE BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL OVER/(UNDER) % CHANGE 2017 ALLOCATED 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 51 Inter -Governmental 32,000 351 364 347 (4) 1% - (5)% Total Operating Expenses 1% (5)% Total Expenses 32,000 351 364 347 (4) 1% (5)% Percent of year completed 75.00% 31 HUMAN RESOURCES CITY OF TUKWILA GENERAL FUND EXPENDITURES YTD AS OF SEPTEMBER 30, 2017 10/31/201710:48 Percent of year completed 75.00% 32 BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY EXPENDITURE TYPE 2017 OVER/(UNDER) ALLOCATED % CHANGE 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 405,299 310,927 303,371 304,638 304,504 (6,423) 75% 0% (0)% 12 Extra Labor 6,000 6,000 - 6,840 - (6,000) - - 21 FICA 28,947 23,564 22,381 22,784 22,396 (1,168) 77% 2% (2)% 23 Pension-PERS/PSERS 48,653 36,942 29,801 32,610 35,402 (1,541) 73% 9% 9% 24 Industrial Insurance 1,417 1,033 782 802 756 (277) 53% 3% (6)% 25 Medical & Dental 77,642 60,991 48,071 49,789 46,856 (14,135) 60% 4% (6)% Total Salaries & Benefits 567,958 439,457 404,406 417,464 409,913 29,544 72% 3% (2)% 31 Supplies 14,817 10,593 6,357 6,675 9,489 (1,104) 64% 5% 42% 41 Professional Services 90,575 79,758 24,615 73,353 58,049 (21,709) 64% 198% (21)% 42 Communication 50 - - - - - - - 43 Travel 3,000 3,000 2,542 943 1,050 (1,950) 35% (63)% 11% 44 Advertising 6,250 5,629 2,575 5,891 2,283 (3,346) 37% 129% (61)% 45 Rentals and Leases 5,108 4,161 3,140 3,044 3,807 (354) 75% (3)% 25% 48 Repairs and Maintenance 14,000 14,000 12,062 2,790 - (14,000) - (77)% - 49 Miscellaneous 4,450 4,450 2,566 1,103 11,656 7,206 262% (57)% 956% 51 - - - - - - - - 64 Miscellaneous - - - - - - - Total Operating Expenses 138,250 121,591 53,857 93,800 86,334 35,257 62% 74% (8)% Total Expenses 706,208 561,048 458,263 511,264 496,247 64,801 70% 12% (3)% Percent of year completed 75.00% 32 FINANCE CITY OF TUKWILA GENERAL FUND EXPENDITURES YTD AS OF SEPTEMBER 30, 2017 10/31/201710:48 Percent of year completed 75.00% ,r' BUDGET ACTUAL COMPARISON OF RESULTS SUMMARY BY ACTUAL EXPENDITURE TYPE OVER/(UNDER) % CHANGE 2017 ALLOCATED 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 1,053,485 795,751 732,498 744,879 775,634 (20,117) 74% 2% 4% 12 Extra Labor 60,000 11,870 5,181 - 11,870 20% - - 13 Overtime 9,289 7,122 1,322 5,727 3,978 (3,144) 43% 333% (31)% 21 FICA 79,621 61,474 55,593 56,749 60,011 (1,463) 75% 2% 6% 23 Pension-PERS/PSERS 127,773 96,493 71,428 83,805 89,737 (6,756) 70% 17% 7% 24 Industrial Insurance 4,235 3,015 2,287 2,324 2,261 (754) 53% 2% (3)% 25 Medical & Dental 223,559 169,242 134,021 142,667 159,192 (10,049) 71% 6% 12% 26 Unemployment 13,000 - - - - - - - Total Salaries & Benefits 70% 3% 6% 31 Supplies 19,000 9,951 10,228 13,778 7,714 (2,237) 41% 35% (44)% 35 Small Tools 5,000 3,372 265 4,048 254 (3,118) 5% 1425% (94)% 41 Professional Services 170,000 120,524 118,045 99,514 135,630 15,106 80% (16)% 36% 42 Communication 1,000 1,000 199 56 322 (678) 32% (72)% 477% 43 Travel 10,000 7,742 2,149 3,554 7,748 6 77% 65% 118% 45 Rentals and Leases 3,500 2,333 2,462 2,189 1,648 (685) 47% (11)% (25)% 46 Insurance 351,826 351,826 455,581 338,539 352,082 256 100% (26)% 4% 48 Repairs and Maintenance 65,625 65,625 57,278 59,781 85,645 20,020 131% 4% 43% 49 Miscellaneous 441,900 395,017 293,390 168,861 153,146 (241,870) 35% (42)% (9)% 53 Ext Taxes, Oper. Assess - - 1 540 18 18 - 89905% (97)% Total Operating Expenses 70% (26)% 8% Total Expenses 1 2,638,813 2,102,3561 1,941,928 1,727,012 1,846,892 (255,464) 70% (11)% 7% Percent of year completed 75.00% ,r' ATTORNEY CITY OF TUKWILA GENERAL FUND EXPENDITURES YTD AS OF SEPTEMBER 30, 2017 10/31/201710:48 Percent of year completed 75.00% 34 BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY EXPENDITURE TYPE 2017 OVER/(UNDER) ALLOCATED % CHANGE 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 12 Extra Labor 5,000 3,935 1,836 1,974 2,070 (1,865) 41% 8% 5% 21 FICA 355 279 140 151 158 (121) 45% 8% 5% 24 Industrial Insurance 100 79 23 25 25 (54) 25% 11% (3)% Total Salaries & Benefits 5,455 4,294 1,999 2,150 2,253 2,041 41% 8% 5% 31 Supplies 6,000 3,100 3,436 2,496 1,696 (1,404) 28% (27)% (32)% 41 Professional Services 701,000 414,219 362,021 309,136 373,275 (40,945) 53% (15)% 21% 45 Rentals and Leases 2,100 2,100 - - 2,337 237 111% - 48 Repairs and Maintenance 1,400 - - - - - 49 Miscellaneous 1,000 - 57 - - - - Total Operating Expenses 711,500 419,420 365,515 311,632 377 308 (42,112) 53% (15)% 21% Total Expenses 716,955 423,713 367,514 313,782 379,561 (44,152) 53% (15)% 21% Percent of year completed 75.00% 34 RECREATION DEPARTMENT CITY OF TUKWILA GENERAL FUND EXPENDITURES YTD AS OF SEPTEMBER 30, 2017 10/31/201710:48 RECREATION DIVISION SUMMARY Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 BUDGET BUDGET ACTUAL ACTUAL COMPARISON OF RESULTS SUMMARY BY EXPENDITURE ACTUAL ACTUAL TYPE OVER/(UNDER) %CHANGE OVER/(UNDER) 2017 % CHANGE ALLOCATED 2017 ALLOCATED ALLOCATED 2015 2016 2017 BDGT 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 1,400,656 1,027,966 967,560 987,487 1,025,212 (2,755) 73% 2% 4% 12 Extra Labor 530,643 418,091 346,939 376,875 391,087 (27,004) 74% 9% 4% 13 Overtime 4,179 3,693 9,018 7,533 5,851 2,158 140% (16)% (22)% 21 FICA 145,838 109,644 99,844 103,800 107,111 (2,533) 73% 4% 3% 23 Pension-PERS/PSERS 168,165 129,405 104,774 125,317 134,981 5,576 80% 20% 8% 24 Industrial Insurance 84,822 53,604 52,177 56,343 48,351 (5,253) 57% 8% (14)% 25 Medical & Dental 320,924 237,722 206,439 221,655 240,666 2,944 75% 7% 9% 26 Unemployment - - 138 (2,182) 2,033 2,033 - (1683)% (193)% 28 Uniform/Clothing 230 225 197 - 225 - 98% - - Total Salaries & Benefits 77% 10% (55)% Total Expenses 3,384,688 2,424,365 74% 5% 4% 31 Supplies 125,986 100,507 83,428 92,058 97,017 (3,490) 77% 10% 5% 34 Items Purchased for resale 22,000 16,310 21,915 16,439 15,307 (1,003) 70% (25)% (7)% 35 Small Tools 11,000 1,631 - - 1,631 15% - - 41 Professional Services 208,480 136,953 110,996 120,447 120,976 (15,977) 58% 9% 0% 42 Communication 12,150 5,294 5,906 6,846 6,209 915 51% 16% (9)% 43 Travel 8,725 7,771 3,870 5,917 14,441 6,670 166% 53% 144% 44 Advertising 22,500 13,158 13,270 6,390 6,255 (6,903) 28% (52)% (2)% 45 Rentals and Leases 48,590 35,589 39,490 41,430 36,910 1,321 76% 5% (11)% 48 Repairs and Maintenance 30,400 2,875 14,252 10,511 2,080 (795) 7% (26)% (80)% 49 Miscellaneous 109,400 59,259 78,613 61,071 68,666 9,407 63% (22)% 12% 64 Machinery & Equipment 130,000 64,667 10,779 5,316 20,983 (43,683) 16% (51)% 295% Total Operating Expenses 54% (4)% 7% Total Expenses 3,384,688 2,424,365 2,169,604 2,243,254 2,345,991 (78,374) 69% 3% 4% RECREATION DIVISION SUMMARY Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 Percent of year completed 75.00% 'R BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY DIVISION OVER/(UNDER) %CHANGE 2017 ALLOCATED 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 ADMINISTRATION 481,514 335,052 252,596 219,005 293,746 (41,307) 61% (13)% 34% RECREATION 462,343 352,378 1,191,698 1,291,869 329,236 (23,141) 71% 8% (75)% PRESCHOOL PROGRAM 79,776 61,848 - - 64,260 2,412 81% - YOUTH PROGRAMS 564,781 421,366 422,863 1,497 75% TEEN PROGRAMS 201,780 154,995 162,399 7,404 80% YOUTH WELLNESS AND ENRICHME 148,978 100,285 103,608 3,323 70% ADULT WELLNESS AND ENRICHMEN 215,044 136,229 143,133 6,904 67% SENIOR ADULT PROGRAMS 176,287 128,617 128,705 88 73% - COMMUNITY EVENTS AND VOLUNTE 281,660 223,683 231,329 198,951 185,450 (38,233) 66% (14)% (7)% PLANNING AND BUSINESS OPS 460,559 272,599 - - 273,277 678 59% - - RENTAL OPERATIONS 311,966 237,311 483,202 533,428 239,313 2,001 77% 10% (55)% Total Expenses 3,384,688 2,424,365 2,158,825 2,243,254 2,345,991 (78,374) 69% 4% 5% Percent of year completed 75.00% 'R RECREATION ADMINISTRATION YTD AS OF SEPTEMBER 30, 2017 10/31/201710:48 RECREATION RECREATION Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 BUDGET BUDGET ACTUAL ACTUAL COMPARISON OF RESULTS COMPARISON OF RESULTS ACTUAL ACTUAL SUMMARY BY EXPENDITURE TYPE SUMMARY BY EXPENDITURE 2017 TYPE 2017 OVER/(UNDER) ALLOCATED % CHANGE OVER/(UNDER) ALLOCATED 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 248,194 182,919 174,623 152,022 183,876 957 74% (13)% 21% 12 Extra Labor 5,000 3,119 - 622 2,015 (1,105) 40% 59,831 224% 13 Overtime 464 - - - - - - - - 21 FICA 16,870 13,822 12,957 11,131 13,546 (276) 80% (14)% 22% 23 Pension-PERS/PSERS 29,797 21,924 17,230 16,890 21,267 (657) 71% (2)% 26% 24 Industrial Insurance 1,189 814 391 407 534 (280) 45% 4% 31% 25 Medical & Dental 32,833 32,833 26,667 22,250 33,277 444 101% (17)% 50% Total Salaries & Benefits Medical & Dental 39,424 29,525 95,684 119,154 29,569 76% (12)% 25% 31 Supplies 5,917 5,917 10,349 5,374 6,034 117 102% (48)% 12% 41 Professional Services 2,500 2,500 3,160 508 8,733 6,233 349% (84)% 1621% 42 Communication - - 1,486 305 462 462 - (80)% 52% 43 Travel 2,500 2,441 614 353 723 (1,718) 29% (42)% 105% 45 Rentals and Leases - - 1,912 1,700 363 363 - (11)% (79)% 48 Repairs and Maintenance 2,000 - - - - - - 22,930 65,502 49 Miscellaneous 4,250 4,096 3,207 2,128 1,933 (2,164) 45% (34)% (9)% 64 Machinery & Equipment 130,000 64,667 - 5,316 20,983 (43,683) 16% - 295% Total Operating Expenses 2,260 5,100 5,162 3,362 287% 126% 27% (24)% 150% 4,800 3,425 925 891 569 (2,857) 12% (4)% (36)% 45 Total Expenses 481,514 335,052 252,596 219,005 293,746 (41,307) 61% (13)% 34% RECREATION RECREATION Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 Percent of year completed 75.00% 36 BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY EXPENDITURE TYPE 2017 OVER/(UNDER) ALLOCATED % CHANGE 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 193,608 145,193 416,446 497,364 142,560 (2,633) 74% 19% (71)% 12 Extra Labor 70,220 59,831 346,939 329,326 45,418 (14,414) 65% (5)% (86)% 13 Overtime - - 2,632 2,508 845 845 - (5)% (66)% 21 FICA 20,093 15,837 58,040 63,108 14,376 (1,461) 72% 9% (77)% 23 Pension-PERS/PSERS 23,243 17,484 49,887 66,972 19,244 1,760 83% 34% (71)% 24 Industrial Insurance 12,256 9,500 45,850 46,446 6,073 (3,426) 50% 1% (87)% 25 Medical & Dental 39,424 29,525 95,684 119,154 29,569 44 75% 25% (75)% 26 Unemployment - - 138 (2,182) 2,033 2,033 - (1683)% (193)% Total Salaries & Benefits 72% 11% (77)% 31 Supplies 27,919 21,001 44,752 49,170 15,015 (5,986) 54% 10% (69)% 34 Items Purchased for resale - - 6,219 (934) - - (115)% 35 Small Tools 11,000 1,631 - - 1,631 - 15% - 41 Professional Services 22,930 22,930 65,502 73,255 24,318 1,388 106% 12% (67)% 42 Communication 2,850 1,719 1,803 1,981 1,591 (128) 56% 10% (20)% 43 Travel 1,800 1,800 2,260 5,100 5,162 3,362 287% 126% 1% 44 Advertising 4,800 3,425 925 891 569 (2,857) 12% (4)% (36)% 45 Rentals and Leases - - 438 112 - - (75)% - 49 Miscellaneous 32,200 22,501 54,183 39,598 20,832 (1,669) 65% (27)% (47)% Total Operating Expenses 67% (4)% (59)% Total Expenses 462,343 352,378 1,191,698 1,291,869 329,236 (23,141) 71% 8% (75)% Percent of year completed 75.00% 36 RECREATION PRESCHOOL PROGRAM YTD AS OF SEPTEMBER 30, 2017 10/31/201710:48 RECREATION YOUTH PROGRAMS Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 BUDGET ACTUAL COMPARISON OF RESULTS SUMMARY BY EXPENDITURE OVER/(UNDER) %CHANGE TYPE 2017 ALLOCATED 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 37,245 27,204 27,204 73% - - 12 Extra Labor 20,900 16,105 16,105 - 77% 13 Overtime - - 137 137 - 21 FICA 4,397 3,321 3,321 - 76% 23 Pension-PERS/PSERS 4,479 4,479 4,631 152 103% 24 Industrial Insurance 2,285 1,328 1,328 - 58% 25 Medical & Dental 370 310 310 - 84% Total Salaries & Benefits 69,676 52,747 53,035 289 76% 31 Supplies 8,600 8,600 10,477 1,877 122% 41 Professional Services 1,000 2 2 - 0% 49 Miscellaneous 500 500 746 246 149% Total Operating Expenses 10,100 9,102 11,225 2,123 111% Total Expenses 79,776 61,848 64,260 2,412 81% RECREATION YOUTH PROGRAMS Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 Percent of year completed 75.00% T BUDGET ACTUAL COMPARISON OF RESULTS SUMMARY BY EXPENDITURE OVER/(UNDER) %CHANGE TYPE 2017 ALLOCATED 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 148,265 109,956 109,956 74% - - 12 Extra Labor 230,203 175,836 175,836 76% 13 Overtime - - 5 5 - 21 FICA 30,327 21,752 21,752 - 72% 23 Pension-PERS/PSERS 17,799 17,799 19,290 1,491 108% 24 Industrial Insurance 29,562 17,746 17,746 - 60% 25 Medical & Dental 47,525 35,622 35,622 - 75% Total Salaries & Benefits 503,681 378,712 380,209 1,497 75% 31 Supplies 20,600 15,270 15,270 - 74% 41 Professional Services 24,500 19,128 19,128 78% 49 Miscellaneous 16,000 8,256 8,256 - 52% Total Operating Expenses 61,100 42,654 42,654 - 70% Total Expenses 564,781 421,366 422,863 1,497 75% Percent of year completed 75.00% T RECREATION TEEN PROGRAMS YTD AS OF SEPTEMBER 30, 2017 10/31/201710:48 RECREATION YOUTH WELLNESS AND ENRICHMENT Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 BUDGET ACTUAL COMPARISON OF RESULTS SUMMARY BY EXPENDITURE OVER/(UNDER) %CHANGE TYPE 2017 ALLOCATED 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 66,466 48,956 48,956 - 74% - - 12 Extra Labor 63,850 51,654 51,654 3,106 81% 21 FICA 9,969 7,697 7,697 - 77% 23 Pension-PERS/PSERS 7,980 6,741 6,741 84% 24 Industrial Insurance 8,906 5,894 5,894 66% 25 Medical & Dental 23,729 17,788 17,788 - 75% Total Salaries & Benefits 180,900 138,730 138,730 - 77% 31 Supplies 7,650 4,869 4,869 - 64% 41 Professional Services 5,050 5,050 6,030 980 119% 43 Travel - - 5,180 5,180 - 45 Rentals and Leases 180 180 1,424 1,244 791% 49 Miscellaneous 8,000 6,166 6,166 - 77% Total Operating Expenses 20,880 16,265 23,669 7,404 113% Total Expenses 201,780 154,995 162,399 7,404 80% RECREATION YOUTH WELLNESS AND ENRICHMENT Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 Percent of year completed 75.00% W. BUDGET ACTUAL COMPARISON OF RESULTS SUMMARY BY EXPENDITURE OVER/(UNDER) %CHANGE TYPE 2017 ALLOCATED 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 66,598 48,993 48,993 - 74% - - 12 Extra Labor 12,700 12,700 15,806 3,106 124% 21 FICA 6,067 4,957 4,957 - 82% 23 Pension-PERS/PSERS 7,995 6,667 6,667 83% 24 Industrial Insurance 3,962 2,389 2,389 60% 25 Medical & Dental 16,456 12,334 12,334 - 75% Total Salaries & Benefits 113,778 88,039 91,146 3,106 80% 31 Supplies 5,600 5,600 5,817 217 104% 41 Professional Services 28,900 6,596 6,596 - 23% 49 Miscellaneous 700 50 50 - 7% Total Operating Expenses 35,200 12,246 12,463 217 35% 1 Total Expenses 148,978 100,285 103,608 3,323 70% Percent of year completed 75.00% W. RECREATION ADULT WELLNESS AND ENRICHMENT YTD AS OF SEPTEMBER 30, 2017 10/31/201710:48 Percent of year completed 75.00% BUDGET ACTUAL COMPARISON OF RESULTS SUMMARY BY EXPENDITURE OVER/(UNDER) %CHANGE TYPE 2017 ALLOCATED 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 81,942 60,291 60,291 74% - - 12 Extra Labor 24,000 18,373 18,373 - 77% 13 Overtime - - 696 696 - 21 FICA 7,914 5,933 5,933 - 75% 23 Pension-PERS/PSERS 9,837 8,019 8,019 82% 24 Industrial Insurance 5,054 2,603 2,603 51% 25 Medical & Dental 23,797 17,834 17,834 - 75% Total Salaries & Benefits 152,544 113,053 113,748 696 75% 31 Supplies 4,200 4,200 9,694 5,494 231% 41 Professional Services 50,900 17,134 17,134 - 34% 48 Repairs and Maintenance 7,200 1,642 1,642 - 23% 49 Miscellaneous 200 200 915 715 457% Total Operating Expenses 62,500 23,176 29,385 1 6,208 47% Total Expenses 215,044 136,229 143,1331 6,904 67% Percent of year completed 75.00% RECREATION SENIOR ADULT PROGRAMS YTD AS OF SEPTEMBER 30, 2017 10/31/201710:48 RECREATION COMMUNITY EVENTS AND VOLUNTEERS Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 BUDGET ACTUAL COMPARISON OF RESULTS COMPARISON OF RESULTS ACTUAL SUMMARY BY EXPENDITURE TYPE 2017 SUMMARY BY EXPENDITURE OVER/(UNDER) ALLOCATED % CHANGE 2017 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 82,253 60,516 2015 60,516 2017 74% - - 12 Extra Labor 27,000 19,100 11 Salaries 19,100 82,537 71% 21 FICA 8,298 6,039 72% 6,039 (7)% 73% 23 Pension-PERS/PSERS 9,875 8,766 6,898 8,766 (7,742) 89% 24 Industrial Insurance 5,344 2,831 2,322 2,831 1,845 53% 25 Medical & Dental 20,517 15,374 (39)% 15,374 21 FICA 75% Total Salaries & Benefits 8,546 7,188 6,335 (452) - 73% 31 Supplies 3,000 3,000 9,785 3,088 88 103% 41 Professional Services 5,900 560 6% 560 3,780 9% 43 Travel 2,100 1,697 288 1,697 8% 81% 49 Miscellaneous 12,000 10,735 22,698 10,735 - 89% Total Operating Expenses (27)% 3% Total Salaries & Benefits 70% 70% (18)% (5)% 31 Supplies Total Expenses 176,287 128,617 15,909 128,705 88 73% RECREATION COMMUNITY EVENTS AND VOLUNTEERS Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 Percent of year completed 75.00% Hsi BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY EXPENDITURE TYPE 2017 OVER/(UNDER) ALLOCATED % CHANGE 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 111,432 82,537 111,980 86,836 80,551 (1,986) 72% (22)% (7)% 12 Extra Labor 15,150 13,010 - 6,898 5,268 (7,742) 35% (24)% 13 Overtime 2,322 2,300 1,845 1,122 1,943 (357) 84% (39)% 73% 21 FICA 9,467 6,787 8,546 7,188 6,335 (452) 67% (16)% (12)% 23 Pension-PERS/PSERS 13,377 9,785 11,056 9,438 9,965 180 74% (15)% 6% 24 Industrial Insurance 3,780 2,467 2,072 2,235 2,755 288 73% 8% 23% 25 Medical & Dental 21,382 14,630 22,698 16,555 17,131 2,501 80% (27)% 3% Total Salaries & Benefits 70% (18)% (5)% 31 Supplies 25,400 18,055 16,066 15,909 12,539 (5,516) 49% (1)% (21)% 41 Professional Services 58,400 58,400 42,334 43,800 38,324 (20,076) 66% 3% (13)% 42 Communication 500 - 495 - - - - - - 43 Travel 600 600 250 278 389 (211) 65% 11% 40% 44 Advertising 10,500 6,863 9,291 2,847 3,233 (3,629) 31% (69)% 14% 45 Rentals and Leases 6,800 6,800 3,584 5,224 5,706 (1,094) 84% 46% 9% 49 Miscellaneous 2,550 1,449 1,112 621 1,311 (138) 51% (44)% 111% Total Operating Expenses 59% (6)% (10)% Total Expenses 281,660 223,6831 231,329 198,951 185,450 (38,233) 66% (14)% (7)% Percent of year completed 75.00% Hsi RECREATION PLANNING AND BUSINESS OPERATIONS YTD AS OF SEPTEMBER 30, 2017 10/31/201710:48 RECREATION RENTAL OPERATIONS Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 BUDGET BUDGET ACTUAL COMPARISON OF RESULTS SUMMARY BY EXPENDITURE OF RESULTS SUMMARY BY EXPENDITURE OVER/(UNDER) %CHANGE TYPE 2017 OVER/(UNDER) ALLOCATED 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 237,624 166,750 166,750 - 70% - - 13 Overtime 464 464 2017 1,142 678 246% 21 FICA 18,119 12,728 94,651 12,728 - 70% 23 Pension-PERS/PSERS 28,529 16,268 (62)% 16,268 Extra Labor 57% 24 Industrial Insurance 3,440 1,543 41,512 1,543 67% 45% 25 Medical & Dental 63,043 37,522 929 37,522 4,541 60% 28 Uniform/Clothing 230 225 (14)% 225 - 98% Total Salaries & Benefits 351,449 235,500 22,372 236,178 678 67% 31 Supplies 6,800 3,695 Pension-PERS/PSERS 3,695 - 54% 41 Professional Services 3,000 151 93% 151 (56)% 5% 42 Communication 8,800 3,575 3,865 3,575 4,656 41% 43 Travel 1,400 1,026 25 1,026 31,848 73% 44 Advertising 500 - (45) - 4% - 45 Rentals and Leases 39,610 26,609 - 26,609 - 67% 48 Repairs and Maintenance 19,700 438 438 260,041 2% 49 Miscellaneous 29,300 1,606 (5,363) 1,606 - 5% Total Operating Expenses 109,110 37,100 10,300 37,100 - 34% 220 102% 76% (51)% 34 Items Purchased for resale 22,000 Total Expenses 460,559 272,599 15,307 273,277 678 59% RECREATION RENTAL OPERATIONS Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 Percent of year completed 75.00% 41 BUDGET ACTUAL COMPARISON OF RESULTS SUMMARY BY EXPENDITURE OVER/(UNDER) %CHANGE TYPE 2017 ALLOCATED 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 127,029 94,651 264,512 251,264 95,560 908 75% (5)% (62)% 12 Extra Labor 61,620 48,362 - 40,030 41,512 (6,850) 67% 4% 13 Overtime 929 929 4,541 3,903 1,082 153 116% (14)% (72)% 21 FICA 14,317 10,771 20,300 22,372 10,426 (345) 73% 10% (53)% 23 Pension-PERS/PSERS 15,254 11,472 26,601 32,016 14,123 2,650 93% 20% (56)% 24 Industrial Insurance 9,044 6,491 3,865 7,256 4,656 (1,835) 51% 88% (36)% 25 Medical & Dental 31,848 23,951 61,391 63,696 23,906 (45) 75% 4% (62)% 28 Uniform/Clothing - - 197 - - - - - Total Salaries & Benefits 260,041 196,626 381,406 420,537 191,264 (5,363) 74% 10% (55)% 31 Supplies 10,300 10,300 12,261 21,605 10,520 220 102% 76% (51)% 34 Items Purchased for resale 22,000 16,310 15,696 17,373 15,307 (1,003) 70% 11% (12)% 41 Professional Services 5,400 4,503 - 2,885 - (4,503) - - 42 Communication - - 2,122 4,560 581 581 - 115% (87)% 43 Travel 325 207 746 186 264 57 81% (75)% 42% 44 Advertising 6,700 2,870 3,053 2,652 2,453 (417) 37% (13)% (8)% 45 Rentals and Leases 2,000 2,000 33,556 34,395 2,808 808 140% 3% (92)% 48 Repairs and Maintenance 1,500 795 14,252 10,511 - (795) - (26)% - 49 Miscellaneous 3,700 3,700 20,110 18,723 16,117 12,417 436% (7)% (14)% Total Operating Expenses 51,925 40,685 101,796 112,891 48,049 7,364 93% 11% (57)% Total Expenses 311,966 237,311 483,202 533,428 239,313 2,001 77% 10% (55)% Percent of year completed 75.00% 41 COMMUNITY DEVELOPMENT CITY OF TUKWILA GENERAL FUND EXPENDITURES YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 COMMUNITY DEVELOPMENT DIVISION SUMMARY Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 BUDGET BUDGET ACTUAL ACTUAL COMPARISON OF RESULTS SUMMARY BY EXPENDITURE ACTUAL ACTUAL TYPE OVER/(UNDER) % CHANGE OVER/(UNDER) 2017 % CHANGE ALLOCATED 2017 ALLOCATED ALLOCATED 2015 2016 2017 BDGT 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 2,183,057 1,628,151 1,311,722 1,447,511 1,541,024 (87,127) 71% 10% 6% 12 Extra Labor 51,074 41,705 76,173 48,654 39,885 (1,820) 78% (36)% (18)% 13 Overtime 11,094 7,295 5,008 2,675 3,594 (3,701) 32% (47)% 34% 21 FICA 171,664 129,586 105,658 113,439 120,277 (9,308) 70% 7% 6% 23 Pension-PERS/PSERS 263,447 196,029 133,041 163,747 181,006 (15,022) 69% 23% 11% 24 Industrial Insurance 23,960 16,595 9,250 10,666 11,775 (4,821) 49% 15% 10% 25 Medical & Dental 447,425 333,936 216,488 258,132 282,661 (51,274) 63% 19% 10% 28 Uniform/Clothing 2,975 172 99 142 203 31 7% 44% 43% Total Salaries & Benefits 3,154,696 2,353,468 1,857,438 2,044,966 2,180,425 (173,043) 69% 10% 7% 31 Supplies 37,180 31,428 31,430 23,317 44,390 12,962 119% (26)% 90% 35 Small Tools 500 181 429 - 181 - 36% - 41 Professional Services 253,400 161,067 305,644 173,830 120,171 (40,896) 47% (43)% (31)% 42 Communication 6,500 2,794 2,687 3,441 7,328 4,533 113% 28% 113% 43 Travel 13,800 7,966 2,656 3,665 3,099 (4,867) 22% 38% (15)% 44 Advertising - - 411 - 303 303 - - 45 Rentals and Leases 12,800 11,202 19,130 19,825 10,448 (754) 82% 4% (47)% 47 Public Utilities 2,500 1,993 694 1,359 2,344 351 94% 96% 72% 48 Repairs and Maintenance 51,185 8,869 8,827 9,401 9,322 453 18% 7% (1)% 49 Miscellaneous 152,777 103,716 47,149 68,145 24,666 (79,051) 16% 45% (64)% 51 Inter -Governmental 8,000 4,033 7,444 7,767 7,642 3,609 96% 4% (2)% 53 Ext Taxes, Oper Assess - - 1 1 192 192 - 100% 15900% Total Operating Expenses 538,642 333,249 426,499 310,751 230,083 103,166 43% (27)% (26)% Total Expenses 3,693,338 2,686,717 2,283,937 2,355,718 2,410,508 276,209 65% 3% 2% COMMUNITY DEVELOPMENT DIVISION SUMMARY Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 Percent of year completed 75.00% 42 BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY DIVISION OVER/(UNDER) % CHANGE 2017 ALLOCATED 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 ADMINISTRATION 363,988 266,874 269,964 253,173 259,998 (6,876) 71% (6)% 3% CODE ENFORCEMENT 519,030 384,604 270,618 296,047 285,786 (98,819) 55% 9% (3)% PERMIT CENTER 399,556 278,029 273,061 301,634 254,610 (23,419) 64% 10% (16)% BUILDING, PERMIT AND PLAN REVIE 849,025 632,173 336,621 563,817 557,600 (74,573) 66% 67% (1)% PLANNING 1,269,970 965,043 1,056,414 787,108 824,119 (140,924) 65% (25)% 5% RECYCLING PROGRAM 46,000 32,218 42,013 30,575 33,773 1,555 73% (27)% 10% TDM PROGRAM 245,769 127,7761 35,246 123,365 194,6221 66,847 79% 250% 58% Total Expenses 3,693,338 2,686,7171 2,283,937 2,355,718 2,410,508 (276,209) 65% 3% 2% Percent of year completed 75.00% 42 COMMUNITY DEVELOPMENT ADMINISTRATION YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 COMMUNITY DEVELOPMENT CODE ENFORCEMENT Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY EXPENDITURE TYPE 2017 OVER/(UNDER) ALLOCATED % CHANGE 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 230,470 173,070 167,857 170,388 173,827 757 75% 2% 2% 13 Overtime 1,114 661 725 - 661 - 59% - - 21 FICA 15,422 12,904 12,591 12,715 13,039 135 85% 1% 3% 23 Pension-PERS/PSERS 27,668 20,745 16,530 18,933 20,285 (460) 73% 15% 7% 24 Industrial Insurance 706 511 399 422 370 (141) 52% 6% (12)% 25 Medical & Dental 48,628 37,602 36,093 33,747 31,210 (6,392) 64% (6)% (8)% Total Salaries & Benefits 324,008 245,493 234,195 236,205 239,392 (6,101) 74% 1% 1% 31 Supplies 9,680 9,680 17,639 7,770 11,240 1,560 116% (56)% 45% 41 Professional Services 13,000 - 11,258 - - - - - - 43 Travel 500 500 534 1,604 672 172 134% 200% (58)% 45 Rentals and Leases 4,800 3,202 4,033 5,063 4,448 1,246 93% 26% (12)% 48 Repairs and Maintenance 500 500 695 1,015 849 349 170% 46% (16)% 49 Miscellaneous 11,500 7,499 1,610 1,515 3,205 (4,294) 28% (6)% 112% 53 Ext Taxes, Assessments - - 1 1 192 192 - 100% 15900% Total Operating Expenses 39,980 21,381 35,769 16,968 20,606 (775) 52% (53)% 21% 49 Miscellaneous 53,427 38,992 1,098 802 775 (38,217) 1% (27)% (3)% Total Expenses 363,988 266,8741 269,964 253,173 259,998 (6,876) 71% (6)% 3% COMMUNITY DEVELOPMENT CODE ENFORCEMENT Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 Percent of year completed 75.00% BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY EXPENDITURE TYPE 2017 OVER/(UNDER) ALLOCATED % CHANGE 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 302,047 226,950 176,106 181,936 187,531 (39,418) 62% 3% 3% 12 Extra Labor 5,574 3,756 - 11,820 980 (2,776) 18% - (92)% 13 Overtime 2,786 131 2,169 - 131 5% - 21 FICA 23,746 17,718 13,638 14,822 14,653 (3,064) 62% 9% (1)% 23 Pension-PERS/PSERS 36,266 26,779 17,644 20,802 20,429 (6,349) 56% 18% (2)% 24 Industrial Insurance 8,732 6,193 4,201 4,507 3,838 (2,355) 44% 7% (15)% 25 Medical & Dental 75,628 54,777 27,015 40,676 48,319 (6,458) 64% 51% 19% 28 Uniform/Clothing 475 172 - 142 203 31 43% - 43% Total Salaries & Benefits 455,254 336,475 240,773 274,706 276,085 (60,391) 61% 14% 1% 31 Supplies 500 500 (2,678) 1,478 735 235 147% (155)% (50)% 41 Professional Services - - 21,210 8,905 - - - (58)% - 42 Communication 3,000 2,294 2,161 2,342 2,401 106 80% 8% 3% 43 Travel 600 600 984 39 635 35 106% (96)% 1528% 45 Rentals and Leases 3,749 3,749 6,377 6,417 2,812 (937) 75% 1% (56)% 47 Public Utilities 2,500 1,993 694 1,359 2,344 351 94% 96% 72% 49 Miscellaneous 53,427 38,992 1,098 802 775 (38,217) 1% (27)% (3)% Total Operating Expenses 1 63,776 48,1291 29,845 21,341 9,701 (38,428) 15% (28)% (55)% Total Expenses 1 519,030 384,6041 270,618 296,047 285,786 (98,819) 55% 9% (3)% Percent of year completed 75.00% COMMUNITY DEVELOPMENT PERMIT CENTER YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 COMMUNITY DEVELOPMENT BUILDING, PERMIT AND PLAN REVIEW Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL ACTUAL SUMMARY BY EXPENDITURE TYPE TYPE 2017 2017 OVER/(UNDER) ALLOCATED OVER/(UNDER) ALLOCATED % CHANGE % CHANGE 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 205,279 159,764 180,161 192,299 151,837 (7,927) 74% 7% (21)% 13 Overtime 1,847 1,847 - 110 - (1,847) - - (2)% 21 FICA 15,857 12,342 13,782 14,719 11,616 (726) 73% 7% (21)% 23 Pension-PERS/PSERS 24,651 19,139 17,219 21,189 17,752 (1,387) 72% 23% (16)% 24 Industrial Insurance 1,059 812 696 772 545 (267) 51% 11% (29)% 25 Medical & Dental 60,663 46,768 41,445 50,628 45,436 (1,332) 75% 22% (10)% Total Salaries & Benefits 309,356 240,671 253,304 279,717 227,185 (13,486) 73% 10% (19)% 31 Supplies 3,000 2,295 767 1,703 2,181 (114) 73% 122% 28% 41 Professional Services 10,000 10,000 562 301 11,764 1,764 118% (46)% 3810% 42 Communication - - - 493 55 55 - - (89)% 43 Travel 3,700 24 472 - 24 - 1% 474% - 48 Repairs and Maintenance 42,000 234 - 283 4,237 4,003 10% - 1397% 49 Miscellaneous 31,500 24,805 17,957 19,136 9,165 (15,640) 29% 7% (52)% Total Operating Expenses 1 90,200 37,3581 19,758 21,916 27,425 (9,933) 30% 11% 25% 48 Repairs and Maintenance 550 - - - - - - Total Expenses 1 399,556 278,0291 273,061 301,634 254,610 (23,419) 64% 10% (16)% COMMUNITY DEVELOPMENT BUILDING, PERMIT AND PLAN REVIEW Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 Percent of year completed 75.00% Ell BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY EXPENDITURE TYPE 2017 OVER/(UNDER) ALLOCATED % CHANGE 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 514,054 371,369 210,889 281,689 348,675 (22,694) 68% 34% 24% 13 Overtime 3,500 2,809 1,564 1,995 1,946 (863) 56% 28% (2)% 21 FICA 39,527 28,557 15,991 21,433 26,568 (1,989) 67% 34% 24% 23 Pension-PERS/PSERS 63,053 45,766 20,690 31,439 39,716 (6,050) 63% 52% 26% 24 Industrial Insurance 9,261 6,144 1,998 2,922 4,763 (1,380) 51% 46% 63% 25 Medical & Dental 114,579 83,547 37,498 51,111 66,647 (16,899) 58% 36% 30% 28 Uniform/Clothing 2,500 - 99 - - - - - Total Salaries & Benefits 746,474 538,191 288,728 390,587 488,315 (49,876) 65% 35% 25% 31 Supplies 3,000 2,866 1,151 5,244 1,953 (913) 65% 356% (63)% 35 Small Tools 500 181 429 - 181 - 36% - 41 Professional Services 83,400 76,123 23,053 132,368 55,012 (21,111) 66% 474% (58)% 42 Communication 500 500 55 606 4,872 4,372 974% 1008% 704% 43 Travel 1,500 1,244 62 677 135 (1,109) 9% 996% (80)% 45 Rentals and Leases 4,251 4,251 8,720 8,344 3,188 (1,063) 75% (4)% (62)% 48 Repairs and Maintenance 550 - - - - - - 49 Miscellaneous 8,850 8,818 14,424 25,990 3,944 (4,874) 45% 80% (85)% Total Operating Expenses 1 102,551 93,9821 47,893 173,230 69,285 (24,697) 68% 262% (60)% Total Expenses 1 849,025 632,1731 336,621 563,817 557,600 (74,573) 66% 67% (1)% Percent of year completed 75.00% Ell COMMUNITY DEVELOPMENT PLANNING YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 COMMUNITY DEVELOPMENT RECYCLING PROGRAM Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL ACTUAL SUMMARY BY EXPENDITURE TYPE TYPE 2017 2017 OVER/(UNDER) ALLOCATED OVER/(UNDER) ALLOCATED % CHANGE % CHANGE 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 814,661 617,358 568,321 560,157 591,393 (25,965) 73% (1)% 6% 12 Extra Labor 45,500 37,949 54,220 10,837 8,803 (29,146) 19% (80)% (19)% 13 Overtime 1,847 1,847 550 570 856 (991) 46% 4% 50% 21 FICA 68,197 51,837 47,384 43,186 45,485 (6,352) 67% (9)% 5% 23 Pension-PERS/PSERS 97,819 73,846 57,971 61,653 69,172 (4,674) 71% 6% 12% 24 Industrial Insurance 3,000 2,144 1,834 1,606 1,706 (439) 57% (12)% 6% 25 Medical & Dental 129,811 98,900 73,555 75,591 82,806 (16,093) 64% 3% 10% Total Salaries & Benefits 1,160,835 883,881 803,835 753,600 800,222 (83,660) 69% (6)% 6% 31 Supplies 8,000 3,360 2,972 2,071 3,795 435 47% (30)% 83% 41 Professional Services 64,000 52,772 232,785 16,392 8,867 (43,905) 14% (93)% (46)% 42 Communication 3,000 - - - - - - (663) - 43 Travel 2,000 123 188 46 1,505 1,382 75% (75)% 3168% 48 Repairs and Maintenance 8,135 8,135 8,132 8,104 4,237 (3,898) 52% (0)% (48)% 49 Miscellaneous 24,000 16,771 8,503 6,895 5,494 (11,278) 23% (19)% (20)% Total Operating Expenses 109,135 81,162 252,580 33,508 23,898 (57,264) 22% (87)% (29)% Total Expenses 1,269,970 965,043 1,056,414 787,108 824,119 (140,924) 65% (25)% 5% COMMUNITY DEVELOPMENT RECYCLING PROGRAM Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 Percent of year completed 75.00% BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY EXPENDITURE TYPE 2017 OVER/(UNDER) ALLOCATED % CHANGE 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 8,387 7,152 3,912 3,912 (15)% (45)% 21 FICA 592 481 289 289 (19)% (40)% 23 Pension-PERS/PSERS 813 800 455 455 (2)% (43)% 24 Industrial Insurance 27 23 12 12 (14)% (49)% 25 Medical & Dental 883 895 33 33 1% (96)% Total Salaries & Benefits - - 10,701 9,350 4,700 4,700 (13)% (50)% 31 Supplies 9,000 8,726 11,579 3,887 6,100 (2,627) 68% (66)% 57% 41 Professional Services 30,000 21,221 16,777 15,515 21,064 (157) 70% (8)% 36% 42 Communication - - 471 - - - - - 44 Advertising - - 411 - 303 303 - 49 Miscellaneous 7,000 2,271 2,072 1,823 1,607 (663) 23% (12)% (12)% Total Operating Expenses 46,000 32,218 31,311 21,225 29,074 (3,145) 63% (32)% 37% Total Expenses 46,000 32,218 42,013 30,575 33,773 1,555 73% (27)% 10% Percent of year completed 75.00% COMMUNITY DEVELOPMENT TDM PROGRAM YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 Percent of year completed 75.00% BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY EXPENDITURE TYPE 2017 OVER/(UNDER) ALLOCATED % CHANGE 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 116,546 79,642 - 53,890 83,850 4,208 72% - 56% 12 Extra Labor - - 21,953 25,997 30,102 30,102 - 18% 16% 21 FICA 8,915 6,227 1,679 6,083 8,627 2,400 97% 262% 42% 23 Pension-PERS/PSERS 13,990 9,754 2,174 8,931 13,198 3,444 94% 311% 48% 24 Industrial Insurance 1,202 791 95 415 541 (251) 45% 336% 30% 25 Medical & Dental 18,116 12,342 - 5,484 8,210 (4,133) 45% - 50% Total Salaries & Benefits 158,769 108,757 25,902 100,801 144,527 35,771 91% 289% 43% 31 Supplies 4,000 4,000 - 1,165 18,386 14,386 460% - 1479% 41 Professional Services 53,000 951 - 350 23,464 22,513 44% - 6600% 43 Travel 5,500 5,476 416 1,299 128 (5,348) 2% 212% (90)% 49 Miscellaneous 16,500 4,560 1,484 11,983 476 (4,084) 3% 707% (96)% 51 Inter -Governmental 8,000 4,033 7,444 7,767 7,642 3,609 96% 4% (2)% Total Operating Expenses 87,000 19,019 9,344 22,564 50,095 31,076 58% 141% 122% Total Expenses 245,769 127,776 35,246 123,365 194,6221 66,847 79% 250% 58% Percent of year completed 75.00% MUNICIPAL COURT CITY OF TUKWILA GENERAL FUND EXPENDITURES YTD AS OF SEPTEMBER 30, 2017 10/31/201710:48 Percent of year completed 75.00% BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY EXPENDITURE TYPE OVER/(UNDER) % CHANGE 2017 ALLOCATED 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 756,312 567,678 522,116 525,738 560,952 (6,725) 74% 1% 7% 12 Extra Labor 4,180 2,736 4,056 13,450 558 (2,178) 13% 232% (96)% 13 Overtime 4,661 3,489 600 1,885 - (3,489) - 214% - 21 FICA 57,112 43,292 39,334 40,821 42,342 (950) 74% 4% 4% 23 Pension-PERS/PSERS 90,616 67,730 52,732 60,602 65,713 (2,017) 73% 15% 8% 24 Industrial Insurance 3,477 2,414 1,848 1,915 1,971 (444) 57% 4% 3% 25 Medical & Dental 185,542 141,260 106,048 115,929 121,448 (19,813) 65% 9% 5% 26 Unemployment - - - 1,930 - - - - Total Salaries & Benefits 1,101,900 828,599 726,734 762,271 792,984 35,616 72% 5% 4% 31 Supplies 14,283 10,308 8,768 8,983 11,599 1,290 81% 2% 29% 35 Small Tools - - 2,932 - 953 953 - - - 41 Professional Services 105,000 68,467 61,786 63,856 66,577 (1,890) 63% 3% 4% 42 Communication 24,150 13,746 5,839 2,952 5,635 (8,111) 23% (49)% 91% 43 Travel 10,000 9,333 5,519 3,191 8,722 (612) 87% (42)% 173% 45 Rentals and Leases 2,000 2,000 1,564 1,399 5,058 3,058 253% (11)% 262% 48 Repairs and Maintenance 2,300 2,300 294 521 348 (1,952) 15% 77% (33)% 49 Miscellaneous 23,170 15,032 18,835 11,498 13,506 (1,526) 58% (39)% 17% 53 Ext Taxes, Assessments 5 - 2 - - - - 64 Miscellaneous 25,000 - 20,275 - - - - Total O eratin Ex enses 205,908 121,187 125,813 92,399 112,397 8,790 55% (27)% 22% Total Expenses 1 1,307,808 949,7861 852,547 854,670 905,381 44,406 69% 0% 6% Percent of year completed 75.00% POLICE CITY OF TUKWILA GENERAL FUND EXPENDITURES YTD AS OF SEPTEMBER 30, 2017 10/31/201710:48 POLICE DIVISION SUMMARY Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 BUDGET BUDGET ACTUAL ACTUAL COMPARISON OF RESULTS SUMMARY BY EXPENDITURE %CHANGE SUMMARY BY DIVISION ACTUAL 2017 TYPE 2017 ANNUAL OVER/(UNDER) 2015 % CHANGE 2017 BDGT % SPEND 2017 ADMINISTRATION 1,794,634 1,407,216 ALLOCATED 1,658,507 1,524,368 117,152 85% 27% 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 9,003,291 6,753,877 6,230,200 6,312,923 6,404,166 (349,711) 71% 1% 1% 12 Extra Labor - - - - 858 858 - - - 13 Overtime 928,495 699,915 742,455 666,206 683,032 (16,883) 74% (10)% 3% 15 Holiday/Kelly Payoff 201,063 78,772 - 81,469 79,930 1,157 40% - (2)% 21 FICA 756,032 578,403 529,311 536,415 545,305 (33,098) 72% 1% 2% 22 Pension-LEOFF 2 472,077 348,251 317,074 319,992 324,918 (23,333) 69% 1% 2% 23 Pension-PERS/PSERS 146,051 110,749 82,025 96,781 105,637 (5,112) 72% 18% 9% 24 Industrial Insurance 273,809 195,023 134,124 151,089 135,996 (59,027) 50% 13% (10)% 25 Medical & Dental 1,933,791 1,461,948 1,314,615 1,388,564 1,343,595 (118,352) 69% 6% (3)% 26 Unemployment - - 143 9,599 953 953 - 6609% (90)% Total Salaries & Benefits - Total Expenses 18,288,092 13,983,562 12,736,086 13,523,909 70% 2% 1% 31 Supplies 180,850 169,913 141,516 175,532 217,872 47,959 120% 24% 24% 35 Small Tools 15,600 8,958 7,592 599 8,603 (355) 55% (92)% 1337% 41 Professional Services 70,000 48,825 44,465 48,816 35,928 (12,897) 51% 10% (26)% 42 Communication 121,000 88,734 65,640 71,745 86,238 (2,496) 71% 9% 20% 43 Travel 41,880 38,843 29,265 36,999 35,961 (2,882) 86% 26% (3)% 44 Advertising 1,500 400 - - 453 53 30% - 45 Rentals and Leases 896,843 855,979 948,992 965,221 657,025 (198,955) 73% 2% (32)% 46 Insurance 230,223 230,223 240,000 240,000 230,223 - 100% 0% (4)% 47 Public Utilities - - 1,659 2,007 2,774 2,774 - 21% 38% 48 Repairs and Maintenance 188,922 142,959 123,248 112,065 42,950 (100,009) 23% (9)% (62)% 49 Miscellaneous 79,641 56,526 67,244 47,327 56,823 297 71% (30)% 20% 51 Inter -Governmental 2,747,024 2,115,263 1,716,516 1,886,725 2,081,274 (33,989) 76% 10% 10% 64 Machinery & Equipment - - - 373,837 11,628 11,628 - - (97)% Total Operating Expenses 76% 17% (12)% Total Expenses 1 18,288,092 13,983,5621 12,736,086 13,523,909 13,092,140 (891,422) 72% 6% (3)% POLICE DIVISION SUMMARY Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 Percent of year completed 75.00% 94 BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL OVER/(UNDER) %CHANGE SUMMARY BY DIVISION 2017 ALLOCATED 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 ADMINISTRATION 1,794,634 1,407,216 1,306,114 1,658,507 1,524,368 117,152 85% 27% (8)% INVESTIGATION 2,147,558 1,621,798 1,614,320 1,721,521 1,624,431 2,633 76% 7% (6)% PATROL 6,506,261 4,846,764 4,787,764 4,752,258 4,614,245 (232,519) 71% (1)% (3)% RECORDS/EVIDENCE 1,217,212 909,558 728,112 836,065 833,591 (75,967) 68% 15% (0)% ANTI-CRIME 846,734 699,360 667,837 538,350 615,131 (84,229) 73% (19)% 14% PROFESSIONAL STANDARDS 2,021,287 1,509,634 1,254,216 1,351,371 1,114,279 (395,355) 55% 8% (18)% TRAINING 287,102 228,095 227,743 216,984 217,258 (10,837) 76% (5)% 0% TRAFFIC 591,180 546,738 422,977 529,771 390,319 (156,419) 66% 25% (26)% FACILITIES 120,000 81,229 - - 82,987 1,758 69% - - PRISONER CARE &CUSTODY 1,509,914 1,135,525 944,889 1,013,691 1,109,112 (26,413) 73% 7% 9% ANIMAL SERVICES 118,852 58,180 33,860 52,935 52,310 (5,870) 44% 56% (1)% COMMUNICATION, DISPATCH 1,127,358 939,465 748,253 845,838 914,109 (25,356) 81% 13% 8% SPECIAL SERVICES UNIT - - - 6,619 - - - - Total Expenses 18,288,092 13,983,562 12,736,086 13,523,909 13,092,140 (891,422) 72% 6% (3)% Percent of year completed 75.00% 94 POLICE ADMINISTRATION YTD AS OF SEPTEMBER 30, 2017 10/31/201710:48 POLICE INVESTIGATION Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY EXPENDITURE TYPE 2017 OVER/(UNDER) ALLOCATED % CHANGE 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 929,989 695,279 683,404 676,365 839,064 143,784 90% (1)% 24% 12 Extra Labor - - - - 858 858 - 41% - 13 Overtime 2,923 903 2,102 - 903 - 31% 11% - 21 FICA 62,064 62,064 51,190 49,441 62,098 34 100% (3)% 26% 22 Pension-LEOFF 46,693 34,246 32,558 30,233 34,691 445 74% (7)% 15% 23 Pension-PERS/PSERS 8,855 8,855 5,463 6,053 13,003 4,148 147% 11% 115% 24 Industrial Insurance 18,294 13,323 8,531 9,502 9,208 (4,116) 50% 11% (3)% 25 Medical & Dental 155,097 114,035 98,076 94,488 124,130 10,095 80% (4)% 31% Total Salaries & Benefits 12,000 12,000 11,358 5,984 19,149 7,149 89% (2)% 25% 31 Supplies 24,000 17,496 20,860 15,617 18,940 1,444 79% (25)% 21% 35 Small Tools - - - 241 - - - (52)% - 41 Professional Services 15,000 7,760 7,007 5,639 14,179 6,419 95% (20)% 151% 42 Communication 121,000 88,734 20,055 28,258 66,327 (22,406) 55% 41% 135% 43 Travel 10,000 8,227 4,439 4,502 2,890 (5,337) 29% 1% (36)% 44 Advertising 1,100 - - - - (6,750) - - (97)% 45 Rentals and Leases 61,478 61,478 61,878 65,832 42,471 (19,007) 69% 6% (35)% 46 Insurance 230,223 230,223 240,000 240,000 230,223 83% 100% 0% (4)% 48 Repairs and Maintenance 86,518 58,076 57,135 57,904 35,476 (22,600) 41% 1% (39)% 49 Miscellaneous 5,500 2,585 3,331 2,315 3,647 1,062 66% (31)% 58% 51 Inter -Governmental 15,900 3,932 10,084 4,900 14,632 10,700 92% (51)% 199% 64 Machinery & Equipment - - - 367,217 11,628 11,628 - - (97)% Total Operating Expenses 77% 87% (44)% Total Expenses 1,794,634 1,407,2161 1,306,114 1,658,507 1,524,368 117,152 85% 27% (8)% POLICE INVESTIGATION Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 Percent of year completed 75.00% BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY EXPENDITURE TYPE 2017 OVER/(UNDER) ALLOCATED % CHANGE 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 1,319,637 974,437 965,281 1,036,543 1,023,115 48,678 78% 7% (1)% 13 Overtime 173,542 124,661 108,767 153,522 120,135 (4,526) 69% 41% (22)% 21 FICA 113,950 85,100 81,213 90,504 87,823 2,723 77% 11% (3)% 22 Pension-LEOFF 72,920 53,662 50,964 56,941 54,043 381 74% 12% (5)% 23 Pension-PERS/PSERS 15,918 11,918 9,494 10,921 11,430 (489) 72% 15% 5% 24 Industrial Insurance 41,629 29,484 20,510 25,680 21,363 (8,120) 51% 25% (17)% 25 Medical & Dental 264,160 199,918 176,497 189,011 184,978 (14,941) 70% 7% (2)% Total Salaries & Benefits 75% 11% (4)% 31 Supplies 12,000 12,000 11,358 5,984 19,149 7,149 160% (47)% 220% 41 Professional Services 4,000 4,000 3,582 2,811 8,951 4,951 224% (22)% 218% 42 Communication - - 984 474 3,078 3,078 - (52)% 550% 43 Travel 5,000 3,735 5,990 4,745 3,135 (600) 63% (21)% (34)% 45 Rentals and Leases 112,302 112,302 174,756 131,763 85,362 (26,940) 76% (25)% (35)% 47 Public Utilities - - 849 885 927 927 - 4% 5% 48 Repairs and Maintenance 9,000 7,080 3,394 10,839 330 (6,750) 4% 219% (97)% 49 Miscellaneous 3,500 3,500 679 901 613 (2,887) 18% 33% (32)% Total Operating Expenses 83% (21)% (23)% Total Expenses 2,147,558 1,621,798 1,614,320 1,721,521 1,624,431 2,633 76% 7% (6)% Percent of year completed 75.00% POLICE PATROL YTD AS OF SEPTEMBER 30, 2017 10/31/201710:48 POLICE RECORDS/EVIDENCE Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL ACTUAL SUMMARY BY EXPENDITURE SUMMARY BY EXPENDITURE TYPE TYPE 2017 2017 OVER/(UNDER) ALLOCATED OVER/(UNDER) ALLOCATED % CHANGE % CHANGE 2017 ANNUAL ALLOCATED 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 3,599,974 2,645,681 2,665,263 2,540,306 2,592,495 (53,186) 72% (5)% 2% 13 Overtime 553,184 392,965 355,136 290,393 367,031 (25,933) 66% (18)% 26% 15 Holiday Pay 201,063 78,772 - 81,469 79,930 1,157 40% 2% (2)% 21 FICA 325,928 234,386 230,209 223,029 232,352 (2,035) 71% (3)% 4% 22 Pension-LEOFF 224,945 160,492 154,318 149,359 158,340 (2,152) 70% (3)% 6% 23 Pension-PERS/PSERS 6,110 4,561 2,488 4,031 4,408 (153) 72% 62% 9% 24 Industrial Insurance 131,570 91,152 69,590 74,235 69,470 (21,682) 53% 7% (6)% 25 Medical & Dental 843,096 630,424 667,278 687,969 630,643 219 75% 3% (8)% 26 Unemployment - - - - (332) (332) - - - Total Salaries & Benefits 8,358 - - 8,358 56% 70% (2)% 2% 31 Supplies 59,450 59,450 36,885 61,891 103,982 44,532 175% 68% 68% 35 Small Tools 600 600 7,592 358 245 (355) 41% (95)% (32)% 41 Professional Services 8,000 5,958 1,557 3,702 3,058 (2,901) 38% 138% (17)% 42 Communication - - 35,113 35,237 5,292 5,292 - 0% (85)% 43 Travel 500 500 280 349 170 (330) 34% 25% (51)% 45 Rentals and Leases 482,337 482,337 501,835 562,102 365,153 (117,184) 76% 12% (35)% 48 Repairs and Maintenance 65,404 57,174 51,452 34,302 687 (56,487) 1% (33)% (98)% 49 Miscellaneous 4,100 2,311 8,769 3,525 1,322 (990) 32% (60)% (63)% Total Operating Expenses 728,112 836,065 833,591 (75,967) 68% 15% 77% 9% (32)% Total Expenses 6,506,261 4,846,764 4,787,764 4,752,258 4,614,245 (232,519) 71% (1)% (3)% POLICE RECORDS/EVIDENCE Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 Percent of year completed 75.00% 50 BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY EXPENDITURE TYPE 2017 OVER/(UNDER) ALLOCATED % CHANGE 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 785,175 590,377 456,785 534,053 542,647 (47,730) 69% 17% 2% 13 Overtime 32,248 18,532 51,809 25,978 28,005 9,474 87% (50)% 8% 21 FICA 60,929 45,126 38,416 42,281 43,177 (1,949) 71% 10% 2% 23 Pension-PERS/PSERS 97,109 71,843 47,950 62,131 65,365 (6,478) 67% 30% 5% 24 Industrial Insurance 4,975 3,522 1,987 2,400 2,314 (1,208) 47% 21% (4)% 25 Medical & Dental 167,376 127,691 92,402 110,961 110,392 (17,299) 66% 20% (1)% 26 Unemployment - - 143 9,599 1,285 1,285 - 6609% (87)% Total Salaries & Benefits 69% 14% 1% 31 Supplies 29,400 25,779 17,073 28,468 10,939 (14,839) 37% 67% (62)0 35 Small Tools 15,000 8,358 - - 8,358 56% - - 41 Professional Services 9,000 8,701 5,374 6,026 284 (8,417) 3% 12% (95)% 42 Communication - - 5,964 1,642 4,342 4,342 - (72)% 164% 43 Travel - 1,165 1,175 1,175 - 1% 45 Rentals and Leases - - 3,760 4,328 1,390 1,390 - 15% (68)% 48 Repairs and Maintenance 13,500 7,130 6,108 6,362 5,122 (2,008) 38% 4% (19)% 49 Miscellaneous 2,500 2,500 342 670 8,796 6,296 352% 96% 1213% Total Operating Expenses 58% 26% (17)% Total Expenses 1,217,212 909,558 728,112 836,065 833,591 (75,967) 68% 15% (0)% Percent of year completed 75.00% 50 POLICE ANTI-CRIME YTD AS OF SEPTEMBER 30, 2017 10/31/201710:48 POLICE PROFESSIONAL STANDARDS Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 BUDGET BUDGET ACTUAL ACTUAL COMPARISON OF RESULTS COMPARISON OF RESULTS ACTUAL ACTUAL SUMMARY BY EXPENDITURE TYPE 2017 2017 OVER/(UNDER) ALLOCATED % CHANGE % CHANGE 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 495,212 395,445 366,005 286,146 344,178 (51,267) 70% (22)% 20% 13 Overtime 58,459 58,459 69,301 37,572 70,319 11,860 120% (46)% 87% 21 FICA 42,311 33,521 33,232 24,732 31,665 (1,857) 75% (26)% 28% 22 Pension-LEOFF 29,563 23,473 22,701 16,878 21,909 (1,564) 74% (26)% 30% 24 Industrial Insurance 16,666 12,593 8,832 7,476 8,577 (4,015) 51% (15)% 15% 25 Medical & Dental 105,001 84,168 73,781 62,635 72,036 (12,132) 69% (15)% 15% Total Salaries & Benefits 16,066 20,292 17,220 (13,638) 39% 26% 73% (24)% 26% 31 Supplies 2,000 1,663 643 1,813 902 (761) 45% 182% (50)% 42 Communication - - 730 2,450 3,349 3,349 - 236% 37% 43 Travel - - - 68 124 124 - - 83% 45 Rentals and Leases 86,522 86,522 87,918 94,129 58,928 (27,594) 68% 7% (37)% 48 Repairs and Maintenance 1,000 - 64 - - - - - - 49 Miscellaneous 10,000 3,514 4,630 4,451 3,145 (370) 31% (4)% (29)% Total Operating Expenses - 45 Rentals and Leases 19,854 19,854 67% 9% (35)% (4,964) 75% (9)% (83)% 47 Public Utilities - - 810 1,122 Total Expenses 846,734 699,360 667,837 538,350 615,131 (84,229) 73% (19)% 14% POLICE PROFESSIONAL STANDARDS Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 Percent of year completed 75.00% 51 BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY EXPENDITURE TYPE 2017 OVER/(UNDER) ALLOCATED % CHANGE 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 1,396,260 1,025,515 753,370 819,995 726,371 (299,145) 52% 9% (11)% 13 Overtime 45,303 45,303 106,089 103,712 69,790 24,487 154% (2)% (33)% 21 FICA 110,001 81,132 65,498 70,466 60,770 (20,362) 55% 8% (14)% 22 Pension-LEOFF 72,707 53,011 38,812 44,526 38,567 (14,444) 53% 15% (13)% 23 Pension-PERS/PSERS 10,201 7,766 11,286 7,723 7,511 (256) 74% (32)% (3)% 24 Industrial Insurance 44,361 30,858 16,066 20,292 17,220 (13,638) 39% 26% (15)% 25 Medical & Dental 308,300 231,893 147,910 174,906 158,156 (73,737) 51% 18% (10)% Total Salaries & Benefits 54% 9% (13)% 31 Supplies 8,300 8,300 15,757 15,397 16,574 8,274 200% (2)% 8% 42 Communication - - 2,264 3,649 2,625 2,625 - 61% (28)% 43 Travel - - 1,215 1,679 (15) (15) - 38% (101)% 44 Advertising 400 400 - - 453 53 113% - 45 Rentals and Leases 19,854 19,854 93,283 85,175 14,891 (4,964) 75% (9)% (83)% 47 Public Utilities - - 810 1,122 1,196 1,196 - 39% 7% 48 Repairs and Maintenance 1,000 1,000 1,806 547 42 (958) 4% (70)% (92)% 49 Miscellaneous 4,600 4,600 50 2,182 130 (4,470) 3% 4269% (94)% Total Operating Expenses 105% (5)% (67)% Total Expenses 2,021,287 1,509,634 1,254,216 1,351,371 1,114,279 (395,355) 55% 8% (18)% Percent of year completed 75.00% 51 POLICE TRAINING YTD AS OF SEPTEMBER 30, 2017 10/31/201710:48 POLICE FACILITIES Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 BUDGET ACTUAL ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY EXPENDITURE TYPE 2017 OVER/(UNDER) % CHANGE ALLOCATED ACTUAL 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 SUMMARY BY EXPENDITURE TYPE 81,229 2017 47 Public Utilities - - 651 OVER/(UNDER) ALLOCATED 49 Miscellaneous % CHANGE - - 11106 1,106 - 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 100,189 74,939 72,440 74,045 74,045 (895) 74% 2% 0% 13 Overtime 15,500 11,756 18,282 16,725 7,050 (4,706) 45% (9)% (58)% 21 FICA 8,667 6,530 6,917 6,806 6,075 (455) 70% (2)% (11)% 22 Pension-LEOFF 6,174 4,640 4,732 4,734 4,282 (358) 69% 0% (10)% 24 Industrial Insurance 3,413 2,447 1,717 1,960 1,698 (749) 50% 14% (13)% 25 Medical & Dental 20,038 15,020 10,380 13,950 13,667 (1,353) 68% 34% (2)% Total Salaries & Benefits 69% 3% (10)% 31 Supplies 41,100 41,100 34,694 39,557 43,352 2,252 105% 14% 10% 41 Professional Services 9,000 567 6,377 - 567 - 6% - - 42 Communication - - 530 - 1,225 1,225 - - - 43 Travel 26,380 26,380 17,342 24,492 28,483 2,103 108% 41% 16% 45 Rentals and Leases 5,200 5,200 4,979 1,150 739 (4,461) 14% (77)% (36)% 48 Repairs and Maintenance 2,500 2,500 276 306 - (2,500) - 11% - 49 Miscellaneous 48,941 37,015 49,077 33,260 36,075 (940) 74% (32)% 8% Total Operating Expenses 83% (13)% 12% Total Expenses 287,102 228,095 227,743 216,984 217,258 (10,837) 76% (5)% 0% POLICE FACILITIES Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 Percent of year completed 75.00% 52 BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY EXPENDITURE TYPE 2017 OVER/(UNDER) % CHANGE ALLOCATED 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 45 Rentals and Leases 120,000 81,229 81,229 - 68% - - 47 Public Utilities - - 651 651 - 49 Miscellaneous I - - - 11106 1,106 - Total Operating Expenses 120,000 1 - 69% Total Expenses 120,000 81,229 82,987 1,758 69% Percent of year completed 75.00% 52 POLICE TRAFFIC YTD AS OF SEPTEMBER 30, 2017 10/31/201710:48 Percent of year completed 75.00% I*W BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY EXPENDITURE TYPE 2017 OVER/(UNDER) ALLOCATED % CHANGE 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 376,855 352,202 267,652 345,471 262,252 (89,951) 70% 29% (24)% 13 Overtime 47,336 47,336 30,968 38,304 19,799 (27,537) 42% 24% (48)% 21 FICA 32,182 30,544 22,636 29,157 21,346 (9,198) 66% 29% (27)% 22 Pension-LEOFF 19,075 18,726 12,988 17,320 13,085 (5,641) 69% 33% (24)% 23 Pension-PERS/PSERS 7,858 5,805 5,344 5,921 3,921 (1,884) 50% 11% (34)% 24 Industrial Insurance 12,901 11,645 6,892 9,544 6,146 (5,499) 48% 38% (36)% 25 Medical & Dental 70,723 58,797 48,290 54,644 49,593 (9,205) 70% 13% (9)% Total Salaries & Benefits 66% 27% (25)% 31 Supplies 4,600 4,125 4,246 6,805 4,034 (92) 88% 60% (41)% 42 Communication - - - 35 - - - - 45 Rentals and Leases 9,150 7,058 20,583 20,741 6,863 (195) 75% 1% (67)% 48 Repairs and Maintenance 10,000 10,000 3,011 1,804 1,294 (8,706) 13% (40)% (28)% 49 Miscellaneous 500 500 366 24 1,989 1,489 398% (93)% 8187% Total Operating Expenses 58% 4% (52)% Total Expenses 591,180 546,738 422,977 529,771 390,319 (156,419) 66% 25% (26)% Percent of year completed 75.00% I*W POLICE PRISONER CARE & CUSTODY rig IBj9:1:idRr]:1»NN] DIP] 10/31/2017 10:48 POLICE ANIMAL SERVICES Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 BUDGET ACTUAL COMPARISON OF RESULTS COMPARISON OF RESULTS SUMMARY BY EXPENDITURE ACTUAL ACTUAL TYPE ACTUAL OVER/(UNDER) % CHANGE TYPE 2017 2015 2016 2017 ALLOCATED OVER/(UNDER) 2017 ANNUAL ALLOCATED % CHANGE BDGT % SPEND 2015/2016 2016/2017 2017 118,852 58,180 33,860 52,935 52,310 ALLOCATED Total Operating Expenses 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 41 Monitoring of Prisoners 25,000 21,839 20,569 30,639 8,890 (12,949) 36% 49% (71)% 51 Score Jail 1,484,914 1,113,686 924,320 983,052 1,100,222 (13,463) 74% 6% 12% Total Operating Expenses 73% 7% 9% POLICE ANIMAL SERVICES Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 POLICE COMMUNICATION, DISPATCH Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 BUDGET ACTUAL COMPARISON OF RESULTS SUMMARY BY EXPENDITURE ACTUAL ACTUAL TYPE 2017 OVER/(UNDER) % CHANGE 2017 2015 2016 2017 ALLOCATED 64 Machinery & Equipment 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 51 King County Animal Control 118,852 58,180 33,860 52,935 52,310 (5,870) 44% 56% (1)% Total Operating Expenses 44% 56% (1)% POLICE COMMUNICATION, DISPATCH Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 POLICE SPECIAL SERVICES UNIT Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY EXPENDITURE TYPE 2017 OVER/(UNDER) % CHANGE 2017 2015 2016 2017 ALLOCATED 64 Machinery & Equipment 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 51 Valley Communications 1,127,358 939,465 748,253 845,838 914,109 (25,356) 81% 13% 8% Total Operating Expenses 81% 13% 8% POLICE SPECIAL SERVICES UNIT Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 Percent of year completed 75.00% 54 BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY EXPENDITURE TYPE 2017 OVER/(UNDER) % CHANGE ALLOCATED 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 64 Machinery & Equipment 6,619 - - Total Operating Expenses 6,619 Percent of year completed 75.00% 54 FIRE CITY OF TUKWILA GENERAL FUND EXPENDITURES YTD AS OF SEPTEMBER 30, 2017 10/31/201710:48 FIRE DIVISION SUMMARY Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 BUDGET BUDGET ACTUAL ACTUAL COMPARISON OF RESULTS SUMMARY BY SUMMARY BY DIVISION ACTUAL EXPENDITURE TYPE %CHANGE OVER/(UNDER) % CHANGE ALLOCATED 2017 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 6,888,744 5,071,741 5,090,167 5,195,265 5,373,826 302,085 78% 2% 3% 12 Extra Labor - - 5,123 11,083 3,746 3,746 - 116% (66)% 13 Overtime 650,648 523,322 550,866 392,924 468,894 (54,428) 72% (29)% 19% 15 Holiday Pay 324,520 2,076 4,767 1,465 - (2,076) - (69)% - 21 FICA 125,292 94,602 88,291 89,615 99,434 4,831 79% 1% 11% 22 Pension-LEOFF 2 377,176 263,146 271,915 273,247 289,668 26,522 77% 0% 6% 23 Pension-PERS/PSERS 44,621 33,494 27,463 31,118 32,796 (698) 73% 13% 5% 24 Industrial Insurance 368,655 258,623 175,866 200,341 205,433 (53,190) 56% 14% 3% 25 Medical & Dental 1,454,547 1,088,557 1,168,059 1,212,710 1,130,155 41,598 78% 4% (7)% 28 Uniform/Clothing - - 1,712 - - - - - - Total Salaries & Benefits 10,234,203 7,335,560 7,384,230 7,407,770 7,603,950 268,390 74% 0% 3% 31 Supplies 234,477 171,993 251,185 174,364 121,454 (50,540) 52% (31)% (30)% 35 Small Tools 37,268 28,496 227,143 1,973 4,228 (24,268) 11% (99)% 114% 41 Professional Services 81,000 74,225 56,234 42,937 20,550 (53,676) 25% (24)% (52)% 42 Communication 32,170 23,771 37,705 27,685 31,402 7,631 98% (27)% 13% 43 Travel 7,000 5,750 12,341 6,731 11,929 6,179 170% (45)% 77% 45 Rentals and Leases 587,241 567,687 446,478 401,961 442,998 (124,689) 75% (10)% 10% 46 Insurance 173,286 173,286 90,000 90,000 173,286 - 100% 0% 93% 47 Public Utilities 73,360 52,262 52,780 54,089 63,414 11,152 86% 2% 17% 48 Repairs and Maintenance 41,921 33,614 34,716 44,893 39,723 6,109 95% 29% (12)% 49 Miscellaneous 148,874 110,801 57,069 58,701 102,150 (8,651) 69% 3% 74% 51 Inter -Governmental 211,768 176,473 128,876 159,158 166,683 (9,791) 79% 23% 5% 64 Machinery & Equipment - - - 7,934 7,934 - - - Total Operating Expenses 1,628,365 1,418,358 1,394,526 1,062,492 1,185,750 232,609 73% (24)% 12% Total Expenses 11,862,568 8,753,918 8,778,756 8,470,262 8,789,700 35,781 74% (4)% 4% FIRE DIVISION SUMMARY Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 Percent of year completed 75.00% POP BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY DIVISION OVER/(UNDER) %CHANGE 2017 ALLOCATED 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 ADMINISTRATION 867,812 708,905 566,084 601,673 665,090 (43,815) 77% 6% 11% SUPPRESSION 8,944,102 6,516,218 6,635,949 6,455,026 6,553,358 37,140 73% (3)% 2% PREVENTION 833,040 624,021 639,688 600,356 653,202 29,181 78% (6)% 9% TRAINING 448,048 327,374 282,211 274,125 348,604 21,230 78% (3)% 27% EMERGENCY PREPAREDNESS 351,305 261,868 394,781 257,754 266,947 5,079 76% (35)% 4% FIRE FACILITIES 110,860 81,026 70,918 66,789 77,314 (3,711) 70% (6)% 16% HAZARDOUS MATERIALS UNIT 39,883 37,883 33,037 30,586 23,359 (14,524) 59% (7)% (24)% RESCUE TEAM 13,250 157 3,531 - 157 - 1% - - RESCUE AND EMERGENCY AID 42,500 19,993 23,682 24,796 34,986 14,993 82% 5% 41% COMMUNICATION -DISPATCH 211,768 176,473 128,876 159,158 166,683 (9,791) 79% 23% 5% Total Expenses 1 11,862,568 8,753,9181 8,778,756 8,470,262 81789,700 35,781 74% (4)% 4% Percent of year completed 75.00% POP FIRE ADMINISTRATION YTD AS OF SEPTEMBER 30, 2017 10/31/201710:48 FIRE SUPPRESSION Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY EXPENDITURE TYPE 2017 OVER/(UNDER) % CHANGE 2017 ANNUAL 2017 2015 2016 2017 ALLOCATED % SPEND 2015/2016 2016/2017 11 Salaries 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 4% 11 Salaries 442,193 341,836 321,479 342,645 313,601 (28,235) 71% 7% (8)% 12 Extra Labor - - 1,876 4,473 112 112 - 138% (97)% 13 Overtime 464 - 25 - - - - - - 21 FICA 14,064 14,064 10,477 11,148 16,565 2,501 118% 6% 49% 22 Pension-LEOFF 15,763 2,161 11,610 11,103 11,236 9,075 71% (4)% 1% 23 Pension-PERS/PSERS 15,956 11,993 9,508 11,094 11,537 (455) 72% 17% 4% 24 Industrial Insurance 9,186 6,162 4,665 4,981 5,324 (838) 58% 7% 7% 25 Medical & Dental 76,702 55,375 53,044 49,724 59,773 4,399 78% (6)% 20% Total Salaries & Benefits 129,100 108,332 172,695 102,853 58,311 (50,020) 73% 5% (4)% 31 Supplies 10,877 9,250 7,571 9,276 8,508 (742) 78% 23% (8)% 41 Professional Services 25,000 25,000 2,660 2,137 - (25,000) - (20)% - 42 Communication 23,170 16,593 18,809 18,918 21,421 4,828 92% 1% 13% 43 Travel 2,250 2,250 429 12 1,538 (712) 68% (97)% 12495% 45 Rentals and Leases 25,897 25,897 16,108 16,050 19,639 (6,258) 76% (0)% 22% 46 Insurance 173,286 173,286 90,000 90,000 173,286 28,943 100% 0% 93% 48 Repairs and Maintenance 20,421 13,614 15,013 13,565 10,450 (3,164) 51% (10)% (23)% 49 Miscellaneous 12,583 11,426 2,809 4,968 4,166 (7,260) 33% 77% (16)% 64 Machinery & Equipment - - - 11,578 7,934 7,934 - - (31)% Total Operating Expenses 8,944,102 6,516,218 6,635,949 6,455,026 6,553,358 37,140 84% 9% 48% Total Expenses 867,812 708,905 566,084 601,673 665,090 (43,815) 77% 6% 11% FIRE SUPPRESSION Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 Percent of year completed 75.00% 56 BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY EXPENDITURE TYPE 2017 OVER/(UNDER) ALLOCATED % CHANGE 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 5,434,650 3,996,180 4,033,684 4,106,651 4,257,668 261,489 78% 2% 4% 13 Overtime 560,822 439,100 468,386 321,472 372,063 (67,037) 66% (31)% 16% 15 Holiday Pay 324,520 2,076 4,767 1,465 - (2,076) - (69)% - 21 FICA 84,525 60,165 57,429 58,124 60,761 596 72% 1% 5% 22 Pension-LEOFF 318,206 229,124 228,724 230,046 244,746 15,621 77% 1% 6% 24 Industrial Insurance 328,667 231,313 156,059 177,619 181,903 (49,410) 55% 14% 2% 25 Medical & Dental 1,210,861 909,474 1,003,589 1,048,180 956,558 47,084 79% 4% (9)% 28 Uniform/Clothing - - 1,712 - - - - - - Total Salaries & Benefits 74% (0)% 2% 31 Supplies 129,100 108,332 172,695 102,853 58,311 (50,020) 45% (40)% (43)% 35 Small Tools 12,000 4,228 93,804 - 4,228 35% 41 Professional Services 26,500 21,975 31,715 20,901 7,458 (14,517) 28% (34)% (64)% 42 Communication - - 71 10 11 11 - (86)% 5% 43 Travel - - 6,637 28 - - (100)% - 45 Rentals and Leases 471,460 471,460 340,920 336,268 353,745 (117,715) 75% (1)% 5% 48 Repairs and Maintenance 20,000 20,000 18,463 30,971 28,943 8,943 145% 68% (7)% 49 Miscellaneous 1 22,791 22,791 1 17,293 20,438 26,962 4,171 118% 18% 32% Total Operating Expenses 70% (25)% (6)% Total Expenses 8,944,102 6,516,218 6,635,949 6,455,026 6,553,358 37,140 73% (3)% 2% Percent of year completed 75.00% 56 FIRE PREVENTION/INVESTIGATION YTD AS OF SEPTEMBER 30, 2017 10/31/201710:48 FIRE TRAINING Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY EXPENDITURE TYPE OVER/(UNDER) % CHANGE 2017 ALLOCATED 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 558,405 407,046 410,520 409,277 411,804 4,758 74% (0)% 1% 12 Extra Labor - - - - 1,782 1,782 - (65)% - 13 Overtime 61,143 61,143 47,884 47,289 78,160 17,017 128% (1)% 65% 21 FICA 18,205 13,491 13,817 13,955 14,583 1,091 80% 1% 5% 22 Pension-LEOFF 23,426 17,030 16,265 16,461 18,096 1,066 77% 1% 10% 23 Pension-PERS/PSERS 18,383 13,780 11,485 13,275 13,923 143 76% 16% 5% 24 Industrial Insurance 17,123 11,457 8,136 9,124 10,229 (1,228) 60% 12% 12% 25 Medical & Dental 87,040 63,636 55,403 58,519 64,213 578 74% 6% 10% Total Salaries & Benefits 4,500 2,250 2,800 1,400 2,800 550 78% 1% 8% 31 Supplies 12,000 8,792 13,469 10,435 8,422 (370) 70% (23)% (19)% 41 Professional Services 5,000 5,000 1,655 739 - (5,000) - (55)% - 42 Communication - - 927 1,207 1,936 1,936 - 30% 60% 43 Travel 1,500 1,500 326 721 2,224 724 148% 121% 208% 45 Rentals and Leases 23,815 14,146 58,003 16,887 20,062 5,916 84% (71)% 19% 48 Repairs and Maintenance - - 244 84 330 330 - (65)% 292% 49 Miscellaneous 7,000 7,000 1,555 2,384 7,438 438 106% 53% 212% Total Operating Expenses 82% (57)% 25% Total Expenses 833,040 624,021 639,688 600,356 653,202 29,181 78% (6)% 9% FIRE TRAINING Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 Percent of year completed 75.00% MA BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY EXPENDITURE TYPE OVER/(UNDER) % CHANGE 2017 ALLOCATED 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 234,680 169,315 170,903 174,104 202,270 32,956 86% 2% 16% 13 Overtime 18,813 15,201 14,707 5,118 15,041 (159) 80% (65)% 194% 21 FICA 1,818 1,818 1,349 1,259 2,577 759 142% (7)% 105% 22 Pension-LEOFF 12,678 9,339 9,655 9,321 10,044 704 79% (3)% 8% 24 Industrial Insurance 8,884 6,207 4,388 5,189 5,367 (840) 60% 18% 3% 25 Medical & Dental 43,357 32,380 30,122 29,744 22,137 (10,243) 51% (1)% (26)% Total Salaries & Benefits 80% (3)% 15% 31 Supplies 8,500 6,518 3,447 2,969 3,960 (2,558) 47% (14)% 33% 41 Professional Services 4,500 2,250 2,800 1,400 2,800 550 62% (50)% 100% 42 Communication - - 720 720 627 627 - 0% (13)% 43 Travel 2,000 2,000 2,338 5,556 8,153 6,153 408% 138% 47% 45 Rentals and Leases 16,818 13,086 8,732 8,907 12,614 (473) 75% 2% 42% 49 Miscellaneous 96,000 69,261 33,049 29,837 63,014 (6,247) 66% (10)% 111% Total Operating Expenses 71% (3)% 85% Total Expenses 448,048 327,3741 282,211 274,125 348,604 21,230 78% (3)% 27% Percent of year completed 75.00% MA FIRE EMERGENCY PREPAREDNESS YTD AS OF SEPTEMBER 30, 2017 10/31/201710:48 FIRE FACILITIES Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 BUDGET BUDGET ACTUAL COMPARISON OF RESULTS OF RESULTS SUMMARY BY ACTUAL SUMMARY BY EXPENDITURE TYPE OVER/(UNDER) % CHANGE % CHANGE 2017 ALLOCATED 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 218,816 157,365 153,581 162,588 188,483 31,118 86% 6% 16% 12 Extra Labor - - 3,247 6,610 1,852 1,852 - 104% (72)% 13 Overtime 9,406 7,878 19,864 19,045 3,629 (4,249) 39% (4)% (81)% 21 FICA 6,680 5,064 5,219 5,130 4,948 (116) 74% (2)% (4)% 22 Pension-LEOFF 7,103 5,492 5,660 6,316 5,546 55 78% 12% (12)% 23 Pension-PERS/PSERS 10,282 7,721 6,471 6,749 7,336 (385) 71% 4% 9% 24 Industrial Insurance 4,795 3,484 2,618 3,429 2,610 (874) 54% 31% (24)% 25 Medical & Dental 36,587 27,692 25,902 26,543 27,472 (220) 75% 2% 3% Total Salaries & Benefits 82% 6% 2% 31 Supplies 12,000 6,213 13,423 19,037 6,594 381 55% 42% (65)% 35 Small Tools 24,268 24,268 133,158 1,973 - (24,268) - (99)% - 42 Communication - - 15,476 5,081 5,618 5,618 (67)% 11% 43 Travel - - 2,610 414 14 14 - (84)% (97)% 45 Rentals and Leases 16,368 16,368 5,380 5,650 12,276 (4,092) 75% 5% 117% 48 Repairs and Maintenance - - 756 272 - - - (64)% - 49 Miscellaneous 5,000 324 1,416 495 570 246 11% (65)% 15% 64 Machinery & Equipment - - - (11,578) - - - - Total Operating Expenses 44% (88)% 17% Total Expenses 351,305 261,868 394,781 257,754 266,947 5,079 76% (35)% 4% FIRE FACILITIES Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 Percent of year completed 75.00% : BUDGET ACTUAL COMPARISON OF RESULTS SUMMARY BY ACTUAL OVER/(UNDER) % CHANGE EXPENDITURE TYPE 2017 ALLOCATED 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 31 Supplies 28,500 21,586 16,436 10,372 12,111 (9,475) 42% (37)% 17% 42 Communication 9,000 7,178 1,702 1,748 1,789 (5,389) 20% 3% 2% 47 Public Utilities 73,360 52,262 52,780 54,089 63,414 11,152 86% 2% 17% 49 Miscellaneous - - - 579 - - - - - Total Operating Expenses 70% (6)% 16% Total Expenses 110,860 81,0261 70,918 66,789 77,314 (3,711) 70% (6)% 16% Percent of year completed 75.00% : FIRE HAZARDOUS MATERIALS UNIT YTD AS OF SEPTEMBER 30, 2017 10/31/201710:48 FIRE RESCUE TEAM Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 BUDGET ACTUAL ACTUAL ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY EXPENDITURE TYPE SUMMARY BY OVER/(UNDER) % CHANGE ACTUAL 2017 ALLOCATED SUMMARY BY EXPENDITURE TYPE 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 31 Supplies 5,000 157 3,531 157 OVER/(UNDER) 35 Small Tools % CHANGE - - - 43 Travel 2017 2015 2016 48 Repairs and Maintenance ALLOCATED % SPEND 2015/2016 2016/2017 49 Miscellaneous 5,500 - 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 - 31 Supplies 2,000 13,250 157 2,049 1% - - - 45 Rentals and Leases - - 35 Small Tools - - 181 - - 48 Repairs and Maintenance - - - 41 Professional Services 20,000 20,000 17,404 17,760 9,947 (10,053) 50% 2% (44)% 45 Rentals and Leases 17,883 17,883 12,215 12,826 13,412 (4,471) 75% 5% 5% 48 Repairs and Maintenance - - 241 - - 23,682 - - - 49 Miscellaneous - - 947 - - Total Operating Expenses 59% (7)% (24)% 1 Total Expenses 39,883 37,883 33,037 30,586 23,359 (14,524) 59% (7)% (24)% FIRE RESCUE TEAM Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 FIRE RESCUE AND EMERGENCY AID Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL ACTUAL SUMMARY BY EXPENDITURE TYPE SUMMARY BY OVER/(UNDER) % CHANGE 2017 ALLOCATED 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 31 Supplies 5,000 157 3,531 157 3% - - 35 Small Tools 1,000 - - - - 43 Travel 1,250 2015 2016 48 Repairs and Maintenance 500 % SPEND 2015/2016 2016/2017 49 Miscellaneous 5,500 - 11,147 18,563 Total Operating Expenses 13,250 3,531 1571 1% 5% 20% 41 Professional Services - - Total Expenses 13,250 157 3,531 157 1% FIRE RESCUE AND EMERGENCY AID Percent of year completed 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 Percent of year completed 75.00% WC BUDGET ACTUAL COMPARISON OF RESULTS SUMMARY BY ACTUAL EXPENDITURE TYPE 2017 OVER/(UNDER) ALLOCATED % CHANGE 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 31 Supplies 26,500 11,147 18,563 19,421 23,391 12,245 88% 5% 20% 41 Professional Services - - - - 344 344 - - - 45 Rentals and Leases 15,000 8,846 5,119 5,375 11,250 2,404 75% 5% 109% 48 Repairs and Maintenance 1,000 - - - - - - - - Total Operating Expenses 82% 5% 41% Total Expenses 42,500 19,993 23,682 24,796 34,986 14,993 82% 5% 41% Percent of year completed 75.00% WC FIRE COMMUNICATIONS, ALARMS AND DISPATCH YTD AS OF SEPTEMBER 30, 2017 10/31/201710:48 SUMMARY BY EXPENDITURE TYPE BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL OVER/(UNDER) % CHANGE 2017 ALLOCATED 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 51 Inter -Governmental 211,768 176,473 128,876 159,158 166,683 (9,791) 79% 23% 5% Total Operating Expenses 79% 23% 5% Total Expenses 211,768 176,473 128,876 159,158 166,683 (9,791) 79% 23% 5% Percent of year completed 75.00% M-8 TECHNOLOGY & INNOVATION SERVICES CITY OF TUKWILA GENERAL FUND EXPENDITURES YTD AS OF SEPTEMBER 30, 2017 1013112017 10:48 Percent of year completed 75.00% 61 BUDGET ACTUAL COMPARISON OF RESULTS SUMMARY BY EXPENDITURE ACTUAL TYPE 2017 OVER/(UNDER) ALLOCATED % CHANGE 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 869,292 681,698 394,071 509,626 528,135 (153,564) 61% 29% 4% 12 Extra Labor 2,500 2,500 10,538 1,057 4,147 1,647 166% (90)% 292% 13 Overtime - - 15,165 26,420 64,226 64,226 - 74% 143% 21 FICA 63,632 48,817 31,323 40,214 44,976 (3,842) 71% 28% 12% 22 Pension-LEOFF 2 - - - 3,488 - - - - 23 Pension-PERS/PSERS 104,269 74,873 41,173 46,259 69,414 (5,459) 67% 12% 50% 24 Industrial Insurance 3,176 2,476 1,879 2,363 1,683 (793) 53% 26% (29)% 25 Medical & Dental 194,560 149,675 84,549 99,810 106,169 (43,506) 55% 18% 6% 26 Unemployment - - - 8,632 - - - - Total Salaries & Benefits 1,237,429 960,040 578,698 737,869 818,749 141,291 66% 28% 11% 31 Supplies 6,266 6,266 5,736 16,914 23,020 16,754 367% 195% 36% 35 Small Tools - - 23,905 31,370 45,891 45,891 - 31% 46% 41 Professional Services 304,686 9,728 30,213 4,408 79,471 69,742 26% (85)% 1703% 42 Communication 120,900 63,161 82,550 67,691 74,891 11,730 62% (18)% 11% 43 Travel 11,500 1,196 139 242 7,216 6,020 63% 73% 2884% 45 Rentals and Leases 153,839 85,391 4,698 4,863 142,296 56,905 92% 4% 2826% 48 Repairs and Maintenance 2,000 2,000 14,170 20,120 11,750 9,750 588% 42% (42)% 49 Miscellaneous 147,200 59,445 19,167 15,624 46,774 (12,671) 32% (18)% 199% 64 Machinery & Equipment 43,000 6,000 9,341 - 6,000 - 14% - Total Operating Expenses 789,391 233,188 189,920 161,232 437,3101 204,122 55% (15)% 171% Total Expenses 2,026,820 1,193,228 768,618 899,101 1,256,0591 62,831 62% 17% 40% Percent of year completed 75.00% 61 PUBLIC WORKS CITY OF TUKWILA GENERAL FUND EXPENDITURES YTD AS OF SEPTEMBER 30, 2017 10/31/201715:18 PUBLIC WORKS DIVISION SUMMARY Percent of year expired 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 15:18 BUDGET BUDGET ACTUAL ACTUAL COMPARISON OF RESULTS SUMMARY BY EXPENDITURE SUMMARY BY DIVISION ACTUAL TYPE %CHANGE OVER/(UNDER) % CHANGE ALLOCATED 2017 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 1,912,661 1,446,589 1,383,712 1,428,891 1,324,786 (121,803) 69% 3% (7)% 12 Extra Labor - - - - 1,878 1,878 - - - 13 Overtime 10,000 10,000 16,994 9,308 15,750 5,750 157% (45)% 69% 21 FICA 141,515 109,342 105,580 107,565 99,291 (10,051) 70% 2% (8)% 23 Pension-PERS/PSERS 229,639 173,453 136,480 158,325 152,062 (21,391) 66% 16% (4)% 24 Industrial Insurance 36,725 26,154 17,025 19,760 17,231 (8,922) 47% 16% (13)% 25 Medical & Dental 377,031 283,599 234,967 258,428 261,386 (22,214) 69% 10% 1% 26 Unemployment - - - 10,547 - - - - - 28 Uniform/Clothing 3,200 1,441 565 674 565 (876) 18% 19% (16)% Total Salaries & Benefits 2,710,771 2,050,578 1,895,323 1,993,498 1,872,949 (177,629) 69% 5% (6)% 31 Supplies 110,950 81,864 58,114 80,363 65,503 (16,361) 59% 38% (18)% 35 Small Tools 4,250 2,992 107 1,234 630 (2,361) 15% 1051% (49)% 41 Professional Services 30,900 29,478 27,115 17,781 28,887 (591) 93% (34)% 62% 42 Communication 9,150 8,014 5,509 5,552 8,200 186 90% 1% 48% 43 Travel 2,000 1,816 2,486 336 828 (988) 41% (86)% 146% 44 Advertising - - - 463 - - - - 45 Rentals and Leases 162,978 118,644 120,534 115,551 115,396 (3,248) 71% (4)% (0)% 46 Insurance 106,805 106,805 - 106,805 107,271 466 100% - 0% 47 Public Utilities 375,000 265,777 243,988 258,412 282,274 16,497 75% 6% 9% 48 Repairs and Maintenance 252,300 156,353 153,593 148,339 144,329 (12,023) 57% (3)% (3)% 49 Miscellaneous 30,035 21,926 6,127 8,418 11,928 (9,998) 40% 37% 42% 64 Machinery & Equipment 7,500 6,890 - - 6,890 92% - - TotalOperating Expenses 1,091,868 800,558 617,574 743,255 772,137 28,422 71% 20% 4% Total Expenses 3,802,639 2,851,1371 2,512,897 2,736,753 2,645,086 206,051 70% 9% (3)% PUBLIC WORKS DIVISION SUMMARY Percent of year expired 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 15:18 Percent of year expired 75.00% 62 BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY DIVISION OVER/(UNDER) %CHANGE 2017 ALLOCATED 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 ADMINISTRATION 459,200 367,275 414,403 443,590 366,739 (536) 80% 7% (17)% MAINTENANCE ADMINISTRATION 393,700 292,570 273,586 281,139 285,901 (6,669) 73% 3% 2% PUBLIC WORKS DEVELOPMENT 486,910 367,484 343,144 349,957 368,014 531 76% 2% 5% ENGINEERING PLANS AND SERVICEc 643,476 482,825 394,248 382,650 323,179 (159,645) 50% (3)% (16)% FACILITY MAINTENANCE 1,819,353 1,340,984 1 1,087,516 1,279,417 1,301,253 1 (39,731) 72% 18% 2% Total Expenses 3,802,639 2,851,137 1 2,512,897 2,736,753 2,645,086 1 (206,051) 70% 9% (3)% Percent of year expired 75.00% 62 PUBLIC WORKS ADMINISTRATION YTD AS OF SEPTEMBER 30, 2017 10/31/201715:18 PUBLIC WORKS MAINTENANCE ADMINISTRATION Percent of year expired 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 15:18 BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL ACTUAL SUMMARY BY EXPENDITURE TYPE TYPE 2017 2017 OVER/(UNDER) ALLOCATED OVER/(UNDER) ALLOCATED % CHANGE % CHANGE 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 316,783 256,694 310,566 328,697 266,673 9,979 84% 6% (19)% 12 Extra Labor - - - - 1,878 1,878 - - (0)% 21 FICA 21,520 18,525 23,143 23,590 18,138 (386) 84% 2% (23)% 23 Pension-PERS/PSERS 38,030 30,467 30,355 34,654 27,072 (3,395) 71% 14% (22)% 24 Industrial Insurance 1,059 782 743 722 557 (225) 53% (3)% (23)% 25 Medical & Dental 37,880 29,418 34,406 37,320 34,013 41595 90% 8% (9)% Total Salaries & Benefits 31 Supplies 4,250 1,957 2,515 1,017 501 84% 6% (18)% 31 Supplies 9,000 7,221 6,071 9,526 5,578 (1,643) 62% 57% (41)% 41 Professional Services - - 3,645 4,723 - - - 30% 42 Communication 1,500 1,062 1,161 829 400 (662) 27% (29)% (52)% 43 Travel 200 200 194 2 8 (192) 4% (99)% 312% 45 Rentals and Leases 3,428 2,327 2,490 2,277 2,293 (34) 67% (9)% 1% 48 Repairs and Maintenance 1,300 799 977 720 630 (169) 48% (26)% (13)% 49 Miscellaneous 21,000 12,891 650 530 2,608 (10,283) 12% (18)% 392% 64 Machinery & Equipment 7,500 6,890 - - 6,890 92% - - Total Operating Expenses Total Expenses 393,700 292,570 273,586 281,139 285,901 42% 23% (1)% 2% Total Expenses 459,200 367,275 414,403 443,590 366,739 (536) 80% 7% (17)% PUBLIC WORKS MAINTENANCE ADMINISTRATION Percent of year expired 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 15:18 Percent of year expired 75.00% MW BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY EXPENDITURE TYPE 2017 OVER/(UNDER) ALLOCATED % CHANGE 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 259,225 194,559 189,225 191,225 193,432 (1,127) 75% 1% 1% 21 FICA 18,422 14,323 14,250 14,180 14,436 113 78% (0)% 2% 23 Pension-PERS/PSERS 31,120 23,340 18,547 21,317 22,488 (852) 72% 15% 5% 24 Industrial Insurance 1,059 762 505 630 560 (202) 53% 25% (11)% 25 Medical & Dental 63,466 47,563 41,039 44,087 47,546 (17) 75% 7% 8% Total Salaries & Benefits 75% 3% 3% 31 Supplies 4,250 1,957 2,515 1,017 501 (1,456) 12% (60)% (51)% 35 Small Tools 750 750 - 219 - (750) - 41 Professional Services 500 - - - - - - - 42 Communication 750 517 554 500 581 64 77% (10)% 16% 43 Travel 300 300 233 213 738 438 246% (9)% 247% 45 Rentals and Leases 11,823 6,463 5,843 5,820 4,784 (1,679) 40% (0)% (18)% 49 Miscellaneous 2,035 2,035 875 1,930 835 (1,200) 41% 121% (57)% Total Operating Expenses 36% (3)% (23)% Total Expenses 393,700 292,570 273,586 281,139 285,901 (6,669) 73% 3% 2% Percent of year expired 75.00% MW PUBLIC WORKS PUBLIC WORKS DEVELOPMENT YTD AS OF SEPTEMBER 30, 2017 10/31/201715:18 PUBLIC WORKS ENGINEERING PLANS AND SERVICES Percent of year expired 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 15:18 BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL ACTUAL SUMMARY BY EXPENDITURE SUMMARY BY EXPENDITURE TYPE 2017 2017 OVER/(UNDER) ALLOCATED OVER/(UNDER) ALLOCATED % CHANGE % CHANGE 2017 ANNUAL ALLOCATED 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 11 Salaries 334,218 250,735 243,483 246,106 246,160 (4,575) 74% 1% 0% 13 Overtime 9,000 9,000 6,234 3,500 14,271 5,271 159% (44)% 308% 21 FICA 26,120 19,622 18,888 18,972 19,767 144 76% 0% 4% 23 Pension-PERS/PSERS 40,123 30,140 24,573 27,875 30,386 247 76% 13% 9% 24 Industrial Insurance 3,793 2,715 2,280 2,248 2,236 (478) 59% (1)% (1)% 25 Medical & Dental 73,406 55,022 47,507 51,076 55,014 (8) 75% 8% 8% 28 Uniform/Clothing 250 250 180 180 180 (70) 72% 0% 0% Total Salaries & Benefits 4,573 4,083 4,357 4,637 64 66% 76% 2% 5% Total Expenses 1 486,910 367,4841 343,144 349,957 368,014 531 76% 2% 5% PUBLIC WORKS ENGINEERING PLANS AND SERVICES Percent of year expired 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 15:18 Percent of year expired 75.00% BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY EXPENDITURE TYPE 2017 OVER/(UNDER) ALLOCATED % CHANGE 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 419,575 311,873 263,252 258,853 195,914 (115,959) 47% (2)% (24)% 21 FICA 30,825 23,636 19,926 19,581 14,749 (8,887) 48% (2)% (25)% 23 Pension-PERS/PSERS 50,370 37,388 25,917 28,782 22,703 (14,684) 45% 11% (21)% 24 Industrial Insurance 6,174 4,299 1,830 1,769 1,412 (2,888) 23% (3)% (20)% 25 Medical & Dental 73,401 55,553 38,744 39,252 30,682 (24,871) 42% 1% (22)% 28 Uniform/Clothing 950 - - - - - - Total Salaries & Benefits 46% (0)% (24)% 31 Supplies 7,000 4,573 4,083 4,357 4,637 64 66% 7% 6% 35 Small Tools 1,000 - - - - - - - - 41 Professional Services 28,400 28,400 22,614 12,230 28,768 368 101% (46)% 135% 42 Communication 2,300 1,835 1,536 1,351 986 (849) 43% (12)% (27)% 43 Travel 1,500 1,316 2,058 122 81 (1,235) 5% (94)% (33)% 44 Advertising - - - 463 - - - - - 45 Rentals and Leases 14,981 6,951 9,229 9,613 11,236 4,285 75% 4% 17% 48 Repairs and Maintenance 1,000 1,000 695 1,052 4,558 3,558 456% 51% 333% 49 Miscellaneous 6,000 6,000 4,365 5,226 7,453 1,453 124% 20% 43% Total Operating Expenses 93% (23)% 68% Total Expenses 643,476 482,825 394,248 382,650 323,179 (159,645) 50% (3)% (16)% Percent of year expired 75.00% PUBLIC WORKS FACILITY MAINTENANCE YTD AS OF SEPTEMBER 30, 2017 10/31/201715:18 Percent of year expired 75.00% MW BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY EXPENDITURE TYPE 2017 OVER/(UNDER) ALLOCATED % CHANGE 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 582,860 432,728 377,186 404,010 422,608 (10,120) 73% 7% 5% 13 Overtime 1,000 1,000 10,760 5,807 1,478 478 148% (46)% (75)% 21 FICA 44,628 33,236 29,372 31,242 32,200 (1,036) 72% 6% 3% 23 Pension-PERS/PSERS 69,996 52,119 37,089 45,697 49,412 (2,707) 71% 23% 8% 24 Industrial Insurance 24,640 17,595 11,668 14,391 12,466 (5,129) 51% 23% (13)% 25 Medical & Dental 128,878 96,044 73,271 86,692 94,131 (1,913) 73% 18% 9% 26 Unemployment - - - 10,547 - - - - - 28 Uniform/Clothing 2,000 1,191 385 494 385 (806) 19% 28% (22)% Total Salaries & Benefits 72% 11% 2% 31 Supplies 90,700 68,113 45,445 65,462 54,787 (13,325) 60% 44% (16)% 35 Small Tools 2,500 2,242 107 1,015 630 (1,611) 25% 847% (38)% 41 Professional Services 2,000 1,078 856 829 119 (959) 6% (3)% (86)% 42 Communication 4,600 4,600 2,259 2,872 6,233 1,633 136% 27% 117% 45 Rentals and Leases 132,746 102,902 102,973 97,841 97,083 (5,819) 73% (5)% (1)% 46 Insurance 106,805 106,805 - 106,805 107,271 466 100% - 0% 47 Public Utilities 375,000 265,777 243,988 258,412 282,274 16,497 75% 6% 9% 48 Repairs and Maintenance 250,000 154,554 151,921 146,568 139,142 (15,412) 56% (4)% (5)% 49 Miscellaneous 1,000 1,000 237 732 1,031 31 103% 210% 41% Total Operating Expenses 71% 24% 1% Total Expenses 1,819,353 1,340,9841 1,087,516 1,279,417 1,301,253 (39,731) 72% 18% 2% Percent of year expired 75.00% MW PARK MAINTENANCE CITY OF TUKWILA GENERAL FUND EXPENDITURES YTD AS OF SEPTEMBER 30, 2017 1013112017 10:48 Percent of year expired 75.00% • • BUDGET ACTUAL COMPARISON OF RESULTS SUMMARY BY EXPENDITURE ACTUAL TYPE 2017 OVER/(UNDER) ALLOCATED % CHANGE 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 578,408 423,409 443,696 382,241 410,253 (13,156) 71% (14)% 7% 12 Extra Labor 20,000 20,000 14,151 20,870 24,049 4,049 120% 47% 15% 13 Overtime 2,137 2,137 2,627 2,841 1,669 (468) 78% 8% (41)% 21 FICA 45,954 34,055 35,014 30,968 33,276 (779) 72% (12)% 7% 23 Pension-PERS/PSERS 69,438 50,896 43,947 42,954 48,008 (2,888) 69% (2)% 12% 24 Industrial Insurance 23,807 16,944 13,517 13,684 12,958 (3,986) 54% 1% (5)% 25 Medical & Dental 135,009 97,804 88,141 82,815 98,376 572 73% (6)% 19% 28 Uniform/Clothing 1,680 493 454 288 316 (177) 19% (37)% 10% Total Salaries & Benefits 876,433 645,738 641 547 576,661 628,905 (16,832) 72% (10)% 9% 31 Supplies 53,800 53,800 37,564 80,440 66,094 12,294 123% 114% (18)% 35 Small Tools 7,500 3,145 3,072 4,183 5,318 2,173 71% 36% 27% 41 Professional Services 61,200 21,183 26,059 38,230 47,265 26,081 77% 47% 24% 42 Communication - - - 1,397 1,705 1,705 - - 22% 43 Travel 225 225 149 3,308 1,214 989 540% 2126% (63)% 45 Rentals and Leases 101,992 90,070 89,636 94,564 87,076 (2,995) 85% 5% (8)% 47 Public Utilities 290,610 242,383 227,217 207,345 225,547 (16,836) 78% (9)% 9% 48 Repairs and Maintenance 23,000 7,550 14,695 14,625 8,392 842 36% (0)% (43)% 49 Miscellaneous 1 4,000 4,0001 8,802 4,540 71414 3,414 185% (48)% 63% Total Operating Expenses 542,327 422,3561 407,193 448,631 450,022 27,666 83% 10% 0% 71 1 Total Expenses 1 1,418,760 1068094 1,048,740 1025292 1,078,9281 10 834 76% (2)% 5% Percent of year expired 75.00% • • STREET MAINTENANCE & OPERATIONS CITY OF TUKWILA GENERAL FUND EXPENDITURES YTD AS OF SEPTEMBER 30, 2017 10/31/201710:48 STREET MAINTENANCE & OPERATIONS DIVISION SUMMARY Percent of year expired 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 BUDGET BUDGET ACTUAL ACTUAL COMPARISON OF RESULTS COMPARISON OF RESULTS ACTUAL SUMMARY BY EXPENDITURE TYPE OVER/(UNDER) OVER/(UNDER) % CHANGE 2017 2017 ALLOCATED ALLOCATED 2017 ANNUAL ALLOCATED 2015 2016 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 11 Salaries 801,234 608,423 487,037 598,929 576,726 (31,697) 72% 23% (4)% 12 Extra Labor 45,000 45,000 19,530 33,128 45,630 630 101% 70% 38% 13 Overtime 11,000 7,383 4,102 6,210 10,259 2,876 93% 51% 65% 21 FICA 65,181 49,398 40,245 48,493 49,074 (324) 75% 20% 1% 23 Pension-PERS/PSERS 96,207 72,477 51,547 69,578 74,053 1,576 77% 35% 6% 24 Industrial Insurance 31,445 21,998 15,210 18,842 19,601 (2,397) 62% 24% 4% 25 Medical & Dental 198,694 148,455 101,031 127,460 158,839 10,384 80% 26% 25% 26 Unemployment - - 1,004 465 970 970 - (54)% 109% 28 Uniform/Clothing 2,375 1,643 681 1,390 669 (974) 28% 104% (52)% Total Salaries & Benefits 1,251,136 954,776 720,388 904,493 935,821 (18,955) 75% 26% 3% 31 Supplies 297,300 197,223 157,896 147,613 138,751 (58,472) 47% (7)% (6)% 35 Small Tools 13,200 9,984 3,494 17,262 6,724 (3,259) 51% 394% (61)% 41 Professional Services 4,000 3,448 2,360 1,860 6,327 2,879 158% (21)% 240% 42 Communication 4,300 1,350 905 1,080 1,200 (150) 28% 19% 11% 43 Travel 2,700 2,100 66 175 3,110 1,010 115% 165% 1679% 44 Advertising 1,500 - 438 - - - - - - 45 Rentals and Leases 297,801 296,262 325,803 296,126 220,908 (75,354) 74% (9)% (25)% 46 Insurance 24,755 24,755 - 35,455 24,755 - 100% - (30)% 47 Public Utilities 1,152,100 1,017,101 837,719 997,986 1,069,569 52,467 93% 19% 7% 48 Repairs and Maintenance 27,100 22,480 4,711 15,001 6,712 (15,768) 25% 218% (55)% 49 Miscellaneous 5,200 5,200 5,627 2,775 7,464 2,264 144% (51)% 169% 53 Ext Taxes, Oper Assess - - 43 8 8 8 - (82)% 11% 64 Machinery & Equipment 28,500 - - - - - - - - Total Operating Expenses 1,858,456 1,579,904 1,339,061 1,515,340 1,485,529 94,374 80% 13% (2)% Total Expenses 3,109,592 2,534,680 2,059,449 2,419,833 2,421,350 113,330 78% 17% 0% STREET MAINTENANCE & OPERATIONS DIVISION SUMMARY Percent of year expired 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 Percent of year expired 75.00% r-YA BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY DIVISION OVER/(UNDER) %CHANGE 2017 ALLOCATED 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 ADMINISTRATION 1,252,136 955,488 720,973 905,580 936,984 (18,504) 75% 26% 3% GENERAL SERVICES 339,956 330,560 338,374 337,636 258,398 (72,162) 76% (0)% (23)% ROADWAY 810,800 790,263 632,512 755,985 788,571 (1,691) 97% 20% 4% STRUCTURES 2,500 2,500 - 2,137 6,712 4,212 268% - 214% LIGHTING 296,100 188,521 151,496 204,177 254,040 65,519 86% 35% 24% TRAFFIC CONTROL 271,500 200,893 170,698 159,902 111,976 (88,917) 41% (6)% (30)% SNOW & ICE CONTROL 10,300 10,000 440 871 14,155 4,155 137% 98% 1525% STREET CLEANING 62,000 48,259 42,941 35,860 48,570 311 78% (16)% 35% VIDEO & FIBER 33,500 6,303 1,972 8,908 49 (6,254) 0% 352% (99)% SIDEWALKS 1 2,300 1,893 1 42 8,777 1,893 82% 20753% (78)% Total Expenses 1 3,081,092 2,534,680 1 2,059,449 2,419,833 2,421,350 (113,330) 79% 17% 0% Percent of year expired 75.00% r-YA STREET MAINTENANCE & OPERATIONS ADMINISTRATION YTD AS OF SEPTEMBER 30, 2017 10/31/201710:48 STREET MAINTENANCE & OPERATIONS GENERAL SERVICES Percent of year expired 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL ACTUAL SUMMARY BY EXPENDITURE SUMMARY BY EXPENDITURE TYPE 2017 2017 OVER/(UNDER) ALLOCATED OVER/(UNDER) ALLOCATED % CHANGE % CHANGE 2017 ANNUAL ALLOCATED 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 31 Supplies 11 Salaries 801,234 608,423 487,037 598,929 576,726 (31,697) 72% 23% (4)% 12 Extra Labor 45,000 45,000 19,530 33,128 45,630 630 101% 70% 38% 13 Overtime 11,000 7,383 4,102 6,210 10,259 2,876 93% 51% 65% 21 FICA 65,181 49,398 40,245 48,493 49,074 (324) 75% 20% 1% 23 Pension-PERS/PSERS 96,207 72,477 51,547 69,578 74,053 1,576 77% 35% 6% 24 Industrial Insurance 31,445 21,998 15,210 18,842 19,601 (2,397) 62% 24% 4% 25 Medical & Dental 198,694 148,455 101,031 127,460 158,839 10,384 80% 26% 25% 26 Unemployment - - 1,004 465 970 970 - (54)% 109% 28 Uniform/Clothing 2,375 1,643 681 1,390 669 (974) 28% 104% (52)% Total Salaries & Benefits 5,200 5,627 2,775 7,464 2,264 144% 75% 26% 3% 31 Supplies 1,000 712 195 697 722 9 72% 258% 3% 41 Professional Services - - 390 390 442 442 - 0% 13% Total Operating Expenses 330,5601 338,374 337,636 258,398 (72,162) 76% 116% 86% 7% Total Expenses 1,252,136 955,488 720,973 905,580 936,984 (18,504) 75% 26% 3% STREET MAINTENANCE & OPERATIONS GENERAL SERVICES Percent of year expired 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 Percent of year expired 75.00% BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY EXPENDITURE TYPE 2017 OVER/(UNDER) ALLOCATED % CHANGE 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 31 Supplies 5,000 3,378 5,536 3,056 2,088 (1,289) 42% (45)% (32)% 35 Small Tools 3,000 - 613 - - - - - 41 Professional Services 1,100 826 291 654 396 (430) 36% 125% (39)% 42 Communication 2,500 - - - - - - - - 43 Travel 2,000 2,000 66 175 2,893 893 145% 165% 1556% 44 Advertising 1,500 - 438 - - - - - - 45 Rentals and Leases 294,401 294,401 325,803 295,521 220,801 (73,600) 75% (9)% (25)% 46 Insurance 24,755 24,755 - 35,455 24,755 100% (30)% 48 Repairs and Maintenance 500 - - - - - - 49 Miscellaneous 5,200 5,200 5,627 2,775 7,464 2,264 144% (51)% 169% Total Operating Expenses 76% (0)% (23)% Total Expenses 1 339,956 330,5601 338,374 337,636 258,398 (72,162) 76% (0)% (23)% Percent of year expired 75.00% STREET MAINTENANCE & OPERATIONS ROADWAY YTD AS OF SEPTEMBER 30, 2017 10/31/201710:48 STREET MAINTENANCE & OPERATIONS STRUCTURES Percent of year expired 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 SUMMARY BY EXPENDITURE TYPE BUDGET ACTUAL ACTUAL COMPARISON OF RESULTS COMPARISON OF RESULTS 2015 2016 2017 ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT % SPEND 2015/2016 2016/2017 31 Supplies 48 Repairs and Maintenance 1,000 1,500 1,000 1,500 ACTUAL ACTUAL - 6,712 (1,000) 5,212 - - - 447% - SUMMARY BY EXPENDITURE TYPE 2017 2017 OVER/(UNDER) ALLOCATED OVER/(UNDER) ALLOCATED % CHANGE % CHANGE 2017 ANNUAL ALLOCATED 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 2,500 31 Supplies 39,000 32,542 29,871 17,578 29,087 (3,455) 75% (41)% 65% 35 Small Tools 4,000 4,000 174 11,515 28 (3,972) 1% 6515% (100)% 41 Professional Services 100 - - - - - - - 43 Travel 43 Travel 100 100 - - 216 116 216% - 47 Public Utilities 45 Rentals and Leases 3,400 1,861 - 605 107 (1,754) 3% - (82)% 47 Public Utilities 764,100 751,759 602,468 726,287 759,132 7,372 99% 21% 5% 48 Repairs and Maintenance 100 - - - - - - - - Total Operating Expenses 188,521 151,496 204,177 254,040 65,519 86% 97% 20% 4% Total Expenses 810,800 790,263 632,512 755,985 788,571 (1,691) 97% 20% 4% STREET MAINTENANCE & OPERATIONS STRUCTURES Percent of year expired 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 SUMMARY BY EXPENDITURE TYPE BUDGET ACTUAL ACTUAL COMPARISON OF RESULTS 2017 2017 ANNUAL ALLOCATED 2015 2016 2017 ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT % SPEND 2015/2016 2016/2017 31 Supplies 48 Repairs and Maintenance 1,000 1,500 1,000 1,500 ACTUAL 2,137 - - 6,712 (1,000) 5,212 - - - 447% - Total Operating Expenses 2017 OVER/(UNDER) ALLOCATED 268% 214% % CHANGE 1 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND Total Expenses 2,500 2,500 25,000 2,137 6,712 4,212 268% 214% STREET MAINTENANCE & OPERATIONS LIGHTING Percent of year expired 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 Percent of year expired 75.00% •e BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY EXPENDITURE TYPE 2017 OVER/(UNDER) ALLOCATED % CHANGE 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 31 Supplies 25,000 2,846 1,278 1,402 18,453 15,607 74% 10% 1216% 35 Small Tools 500 284 - - 284 - 57% - - 41 Professional Services 500 322 352 339 398 76 80% (3)% 17% 43 Travel 100 - - - - - - - - 47 Public Utilities 270,000 185,069 149,866 202,435 234,906 49,837 87% 35% 16% Total Operating Expenses 86% 35% 24% Total Expenses 296,100 188,521 151,496 204,177 254,040 65,519 86% 35% 24% Percent of year expired 75.00% •e STREET MAINTENANCE & OPERATIONS TRAFFIC CONTROL YTD AS OF SEPTEMBER 30, 2017 10/31/201710:48 STREET MAINTENANCE & OPERATIONS SNOW & ICE CONTROL Percent of year expired 75M% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 SUMMARY BY EXPENDITURE TYPE BUDGET ACTUAL ACTUAL 2017 2017 ANNUAL ALLOCATED COMPARISON OF RESULTS ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT % SPEND 2015/2016 2016/2017 31 Supplies 43 Travel 10,000 300 10,000 - 440 871 - - ACTUAL 4,155 - 142% - 98% 1525% - - SUMMARY BY EXPENDITURE TYPE 2017 137% OVER/(UNDER) ALLOCATED % CHANGE 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 31 Supplies 166,000 122,549 114,302 104,607 51,566 (70,983) 31% (8)% (51)% 35 Small Tools 2,500 2,500 2,621 2,157 4,704 2,204 188% (18)% 118% 41 Professional Services 100 100 230 252 1,281 1,181 1281% 10% 409% 42 Communication 1,800 1,350 905 1,080 1,200 (150) 67% 19% 11% 43 Travel 100 - - - - - - - - 47 Public Utilities 81,000 54,394 51,706 47,519 53,225 (1,169) 66% (8)% 12% 48 Repairs and Maintenance 20,000 20,000 935 4,286 - (20,000) - 359% - Total Operating Expenses 41% (6)% (30)% Total Expenses 1 271,500 200,893 170,698 159,902 111,976 (88,917) 41% (16)% 35% STREET MAINTENANCE & OPERATIONS SNOW & ICE CONTROL Percent of year expired 75M% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 SUMMARY BY EXPENDITURE TYPE BUDGET ACTUAL COMPARISON OF RESULTS 2017 2017 ANNUAL ALLOCATED 2015 2016 2017 ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT % SPEND 2015/2016 2016/2017 31 Supplies 43 Travel 10,000 300 10,000 - 440 871 - - 14,155 4,155 - 142% - 98% 1525% - - Total Operating Expenses TYPE 2017 137% 98% 1525% % CHANGE 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT Total Expenses 10,300 10,000 440 871 14,155 4,155 137% 98% 1525% STREET MAINTENANCE & OPERATIONS STREET CLEANING Percent of year expired 75M% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 Percent of year expired 75M% 70 BUDGET ACTUAL COMPARISON OF RESULTS ACTUAL SUMMARY BY EXPENDITURE TYPE 2017 OVER/(UNDER) ALLOCATED % CHANGE 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 31 Supplies 18,000 18,000 5,815 11,740 20,737 2,737 115% 102% 77% 35 Small Tools 1,200 1,200 86 207 1,709 509 142% 141% 727% 41 Professional Services 2,200 2,200 1,098 225 3,810 1,610 173% (80)% 1593% 43 Travel 100 - - - - - - - 47 Public Utilities 37,000 25,879 33,679 21,744 22,306 (3,573) 60% (35)% 3% 48 Repairs and Maintenance 3,500 980 2,221 1,937 - (980) - (13)% - 53 Ext Taxes, Assessments - - 43 8 8 8 - (82)% 11% Total Operating Expenses 78% (16)% 35% Total Expenses 1 62,000 48,259 42,941 35,860 48,5701 311 78% (16)% 35% Percent of year expired 75M% 70 STREET MAINTENANCE & OPERATIONS VIDEO & FIBER YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 STREET MAINTENANCE & OPERATIONS SIDEWALKS Percent of year expired 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 SUMMARY BY EXPENDITURE TYPE BUDGET ACTUAL ACTUAL COMPARISON OF RESULTS COMPARISON OF RESULTS 2015 2016 2017 ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT % SPEND 2015/2016 2016/2017 31 Supplies 48 Repairs and Maintenance 2,300 1,893 - - 42 - - 8,777 ACTUAL 82% - - - SUMMARY BY EXPENDITURE TYPE 2017 OVER/(UNDER) ALLOCATED 20753% % CHANGE 1 2017 ANNUAL ALLOCATED 2015 2016 2017 BDGT % SPEND 2015/2016 2016/2017 31 Supplies 30,000 4,303 416 5,524 49 (4,254) 0% 1226% (99)% 35 Small Tools 2,000 2,000 - 3,384 - (2,000) - - 48 Repairs and Maintenance 1,500 - 1,556 - - - - Total Operating Expenses 0% 352% (99)% Total Expenses 33,500 6,303 1,972 8,908 49 (6,254) 0% 352% (99)% STREET MAINTENANCE & OPERATIONS SIDEWALKS Percent of year expired 75.00% YTD AS OF SEPTEMBER 30, 2017 10/31/2017 10:48 SUMMARY BY EXPENDITURE TYPE BUDGET ACTUAL COMPARISON OF RESULTS 2017 2017 ANNUAL ALLOCATED 2015 2016 2017 ACTUAL OVER/(UNDER) % CHANGE ALLOCATED BDGT % SPEND 2015/2016 2016/2017 31 Supplies 48 Repairs and Maintenance 2,300 1,893 - - 42 - - 8,777 1,893 - 82% - - - - Total Operating Expenses 82% 20753% (78)% 1 Total Expenses 2,300 1,893 42 8,777 1,893 82% 20753% (78)% Percent of year expired 75.00% 71 City of Tukwila Contingency Fund 105 - Revenue and Expenditures As of September 30 2017 % of year expired 75.00% Revenue Miscellaneous Revenue Investment Earnings $ 20,000 $ 15,000 $ 33,653 $ 18,653 168.26% Total Miscellaneous Revenue 20,000 15,000 33,653 18,653 168.26% Change in Fund Balance Beginning Fund Balance Cash and investments 20,000 5,716,048 ** Variance = Actual over (under) prorated budget 72 15,000 5,716,048 Fund 105 33,653 18,653 6,050,624 334,576 $ 6,081,579 168.26% 105.85% City of Tukwila Hotel/Motel Tax Fund 101 - Revenue and Expenditures As of September 30 2017 Revenue General Revenue Hotel/Motel Taxes Total General Revenue Miscellaneous Revenue Investment Earnings Expenditures % of year expired 75.00% $ 733,000 $ 549,750 $ 518,280 $ (31,470) 733,000 549,750 518,280 (31,470) 3,000 2,250 1,270 (980) 70.71% 70.71% 42.34% 31 Office & Operating Supplies 5,000 3,750 30 (3,720) 0.61% 41 Professional Services 370,000 277,500 170,500 (107,000) 46.08% 42 Communication - - (6,393) (6,393) - Transfers Out 10,000 7,500 317 (7,183) 3.17% 44 Advertising - - 75 75 - 49 Miscellaneous 20,000 15,000 9,939 (5,061) 49.70% Total Hotel/Motel Tax Fund 405,000 303,750 174,469 (129,281) 43.08% Indirect cost allocation 35,700 26,775 26,775 - 75.00% Total Expenditures 440,700 � 330,525 201,244 (129,281) 45.661 Change in Fund Balance 295,300 221,475 318,307 96,832 107.79% Beginning Fund Balance 906,875 906,875 912,558 5,683 100.63% Ending Fund Balance $ 1,202,175 $ 1,128,350 $ 1,230,$65 $ 102,515 102.39% Cash and investments $ 1,146,549 ** Variance = Actual over (under) prorated budget Fund 101 73 City of Tukwila Drug Seizure Fund 109 - Revenue and Expenditures As of September 30 2017 % of year expired 75.00% Revenue Miscellaneous Revenue Investment Earnings $ - $ - $ 33 $ 33 - Seizure Revenue 60,000 45,000 31,962 (13,038) 53.27% Total Miscellaneous Revenue 60,000 45,000 31,996 (13,004) 53.33% Expenditures 31 Office & Operating Supplies 3,000 2,250 72,144 69,894 2404.80% 35 Small Tools & Minor Equipment - - 23,130 23,130 - 41 Professional Services 10,000 7,500 184,859 177,359 1848.59% 42 Communication - - 1,307 1,307 - 43 Travel - - 21,782 21,782 - 45 Operating Rentals & Leases - - 2,290 2,290 - 48 Repairs & Maintenance - - 892 892 - 49 Miscellaneous 21000 1,500 8,483 6,983 424.17% 51 Intergovernmental Prof Svcs 30,000 22,500 - (22,500) - 64 Capital Outlay - - 33,919 33,919 - Total Drug Seizure Fund 45,000 33,750 348,805 315,055 775.12% Change in Fund Balance 15,000 11,250 (316,810) (328,060) -2112.06% Beginning Fund Balance 461,635 461,635 553,539 91,904 119.91% Ending Fund Balance $ 476,635 $ 472,885 $ 236,729 $ (236,156) 49.67% Cash and investments $ 237,259 ** Variance = Actual over (under) prorated budget Fund 109 74 City of Tukwila Street Fund 103 - Revenue and Expenditures As of September 30 2017 Revenue Intergovernmental Revenue State Grant -Cascade View Total Intergovernmental Revenue Miscellaneous Revenue Investment Earnings Plan/Development Contributions Total Miscellaneous Revenue Bond proceeds Transfers In % of year expired 75.00% $ 1,894,000 $ 1,420,500 $ 802,533 $ (617,967) $ 1,894,000 $ 1,420,500 $ 802,533 $ (617,967) 1,500 1,125 2,295 1,170 1,902,000 1,426,500 - (1,902,000) 1,903,500 1,427,625 2,295 (1,900,830) 5,600,000 4,200,000 8,536,839 2,936,839 42.37% 42.37% 153.01% 0.12% 152.44% Expenditures 11 Salaries - - 95,281 95,281 - 21 FICA - - 7,225 7,225 - 23 PERS - - 11,235 11,235 - 24 Industrial Insurance - - 1,197 1,197 - 25 Medical, Dental, Life, Optical - - 13,506 13,506 - 41 Professional Services 75,000 56,250 257 (55,993) 0.34% 64 Capital Outlay 9,278,000 6,958,500 940,992 (6,017,508) 10.14% 81 Debt Service Costs - - 113,120 113,120 - Total Streets Fund 9,353,000 7,014,750 1,182,813 (5,831,937) 12.65% Total Expenditures 9,353,000 7,014,750 1,182,813 (5,831,937) 12.65°l ' Change in Fund Balance 44,500 33,375 8,158,854 6,249,979 18334.50% Beginning Fund Balance 833,331 833,331 658,932 (174,399) 79.07% Ending Fund Balance $ 877,831 $ 866,706 $ 8,817,786 $ 6,075,580 1004.50% Cash and investments 8,803,439 ** Variance = Actual over (under) prorated budget Fund 103 F& City of Tukwila Arterial Street Fund 104 - Revenue and Expenditures As of September 30 2017 % of year expired 75.00% Revenue 3,186,000 2,389,500 156,335 (2,233,165) 4.91% General Revenue 8,677,000 6,507,750 42,107 (6,465,643) 0.49% Parking Taxes $ 200,000 $ 150,000 $ 163,752 $ 13,752 81.88% MVFT Cities 128,000 96,000 99,364 3,364 77.63% Real Estate Excise Taxes 400,000 300,000 872,805 572,805 218.20% Total General Revenue 728,000 546,000 1,135,921 589,921 156.03% Charges for Services - - 14,057 14,057 - Park Impact Fees 600,000 450,000 286,421 (313,579) 47.74% Traffic Impact Fees 321,000 240,750 218,793 (102,207) 68.16% Total Charges for Services 921,000 690,750 505,214 (415,786) 54.85% Intergovernmental Revenue Dept of Transportation -Tukwila 3,186,000 2,389,500 156,335 (2,233,165) 4.91% Boeing Access Bridge 8,677,000 6,507,750 42,107 (6,465,643) 0.49% Fed Trnst Cap Inv Grnts-Trnst 2,618,000 1,963,500 - (1,963,500) - WSDOT Reg Mobility Grant-Bridg 4,289,000 3,216,750 2,241,428 (975,322) 52.26% State Grant -S 144th (TIB 43rd) 964,000 723,000 502,102 (220,898) 52.09% State Grant-APW 1,173,000 879,750 - (879,750) - State Grant-Interurb Ave S Stat - - 14,057 14,057 - Multimodal Transportation -City - - 4,334 4,334 - Total Intergovernmental Revenue 20,907,000 15,680,250 2,960,364 (12,719,886) 14.16% Miscellaneous Revenue - - 115 115 - Investment Earnings 5,000 3,750 5,479 1,729 109.57% Contributions/Donations 1,037,000 777,750 24,405 (753,345) 2.35% Total Miscellaneous Revenue 1,042,000 781,500 29,883 (751,617) 2.87% Transfer In 1,800,000 1,350,000 - (1,350,000) - Expenditures 11 Salaries 332,953 249,715 291,004 41,289 87.40% 13 Overtime - - 1,338 1,338 - 21 FICA 25,232 18,924 22,246 3,322 88.17% 23 PERS 39,971 29,978 34,304 4,326 85.82% 24 Industrial Insurance 5,821 4,366 3,914 (452) 67.24% 25 Medical, Dental, Life, Optical 32,602 24,452 36,844 12,393 113.01% T 31 Office & Operating Supplies - - 337 337 - 41 Professional Services 1,380,000 1,035,000 253,184 (781,816) 18.35% 43 Travel - - 115 115 - 44 Advertising 691 691 - 45 Operating Rentals & Leases 743 743 - 47 Public Utility Services - - 2,509 2,509 - 48 Repairs & Maintenance 5,176,000 3,882,000 94,496 (3,787,504) 1.83% 49 Miscellaneous - - 150 150 - 64 Capital Outlay 22,145,000 16,608,750 4,459,618 (12,149,132) 20.14% Total Arterial Streets 104 29,137,579 21,853,184 5,201,495 (16,651,690) 17.85% Change in Fund Balance (3,739,579) (2,804,684) (570,112) 2,004,322 15.25% Beginning Fund Balance 3,786,923 3,786,923 3,999,376 212,453 105.61% Ending Fund Balance $ 47,344 $ 982,239 $i 3,429,264 $ 2,216,775 7243.29% Cash and investments ** Variance = Actual over (under) prorated budget 76 Fund 104 City of Tukwila Land Acquisition, Rec and Park Development Fund 301 - Revenue and Expenditures As of September 30 2017 % of year expired 75.00% Revenue 14,203 - - 2,124 General Revenue - - 1,256 1,256 Excess Prop Tax Levy-Dwmsh Hill $ - $ - Real Estate Excise Taxes 400,000 300,000 Total General Revenue 400,000 300,000 Charges for Services 185,000 138,750 78,278 (60,472) Intergovernmental Revenue 29 - - 36 Duwamish Gardens Acquisition - - State Agencies-Duwamish Hill Pres 131,000 98,250 Total Intergovernmental Revenue 131,000 98,250 Miscellaneous Revenue (630,766) 1,139,000 854,250 239,823 Investment Earnings 1,000 750 Transfers In 184,000 138,000 Expenditures 11 Salaries 12 Extra Labor 13 Overtime 21 FICA 23 PERS 24 Industrial Insurance 25 Medical, Dental, Life, Optical 31 Office & Operating Supplies 41 Professional Services 42 Communication 43 Travel 44 Advertising 'ei 45 Operating Rentals & Leases 47 Public Utility Services 48 Repairs & Maintenance 64 Capital Outlay Total Park Acquisition Fund Change in Fund Balance Beginning Fund Balance Ending Fund Balani Cash and investments $ 31,439 $ 31,439 872,805 572,805 904,245 604,245 13,436 13,436 - (98,250) 13,436 (84,814) 1,591 841 - (138,000) - - 14,203 14,203 - - 2,124 2,124 - - 1,256 1,256 - - 1,332 1,332 - - 1,930 1,930 - - 556 556 - - 4,170 4,170 - - 24,374 24,374 185,000 138,750 78,278 (60,472) - - 29 29 - - 36 36 - - 21 21 - - 155 155 - - 350 350 - - 26,277 26,277 954,000 715,500 84,734 (630,766) 1,139,000 854,250 239,823 (614,427) (423,000) (317,250) 679,449 996,699 .713.123 2.713.123 3.352.113 638.990 ** Variance = Actual over (under) prorated budget Fund 301 218.20% 226.06% 10.26% 159.14% 42.31% 8.88% 21.06% -160.63% 123.55% 77 City of Tukwila Facility Replacement Fund 302 - Revenue and Expenditures As of September 30 2017 % of year expired 75.00% Revenue Miscellaneous Revenue Investment Earnings Total Miscellaneous Revenue Sale of Capital Assets (Property) $ 3,600 $ 2,700 $ 3,483,000 2,612,250 2,072 $ (628) 57.55% 2,072 (628) 57.55% - (3,483,000) - Expenditures 11 Salaries - - - - - 41 Professional Services 25,000 18,750 38,121 19,371 152.48% 47 Public Utility Services - - 10,539 10,539 - 49 Miscellaneous - - 5,521 5,521 - 64 Capital Outlay 35,000 26,250 - (26,250) - Total Expenditures 60,000 45,000 54,181 9,181 90.30% Transfer to General Fund 1,800,000 1,350,000 - (1,350,000) - Total Expenditures 1,860,000 1,3955,000 54,181 (1,340,819) 2.910/6 Change in Fund Balance 1,626,600 1,219,950 (52,109) (2,142,809) -3.20% Beginning Fund Balance 370,706 370,706 295,040 (75,666) 79.59% Cash and investments ** Variance = Actual over (under) prorated budget Fund 302 78 $ 2,580,495 City of Tukwila General Government Improvements 303 - Revenue and Expenditures As of September 30 2017 % of year expired 75.00% Revenue Miscellaneous Revenue Investment Earnings $ 500 $ 375 $ 1,087 $ 712 217.30% Total Miscellaneous Revenue 500 375 1,087 712 217.30% Transfers In 200,000 150,000 150,000 - 75.00% Expenditures 11 Salaries 105,085 78,814 37,513 (41,301) 35.70% 13 Overtime - - 790 790 - 21 FICA 8,039 6,029 2,927 (3,103) 36.41% 23 PERS 12,615 9,461 4,466 (4,995) 35.40% 24 Industrial Insurance 2,734 2,051 643 (1,408) 23.52% 25 Medical, Dental, Life, Optical 12,321 9,241 6,800 (2,441) 55.19% 41 Professional Services 20,000 15,000 1,680 (13,320) 8.40% 48 Repairs & Maintenance - - 70,764 70,764 - 64 Capital Outlay 130,000 97,500 54,012 (43,488) 41.55% Total Gen Government Improve 290,794 218,096 179,595 (38,501) 61.76% Total Expenditures 290,794 21$,096 179,595 X38,501) 61.78016 Change in Fund Balance (90,294) (67,721) (28,508) 39,212 31.57% Beginning Fund Balance 334,349 334,349 391,903 57,554 117.21% Cash and investments ** Variance = Actual over (under) prorated budget Fund 303 $ 366,450 T City of Tukwila Fire Impact Fees 304 - Revenue and Expenditures As of September 30 2017 % of year expired 75.00% Revenue Charges for Services Fire Impact Fees Total Charges for Services Investment Earnings Total Miscellaneous Revenue Change in Fund Balance Beginning Fund Balance Cash and investments $ 32,000 $ 24,000 $ 276,734 $ 252,734 864.79% 32,000 24,000 276,734 252,734 864.79% 100 75 1,143 1,068 1143.36% 100 75 1,143 1,068 1143.36% ** Variance = Actual over (under) prorated budget iB 32,100 24,075 277,877 253,802 865.66% 645,631 645,631 736,518 90,887 114.08% Fund 304 $ 1,014,395 City of Tukwila Public Safety Plan 305 - Revenue and Expenditures As of September 30 2017 % of year expired 75.00% Revenue General Revenue: Mitigation Fees (Tukwila South) $ 500,000 $ 375,000 $ - $ (500,000) - Miscellaneous Revenue Investment Earnings $ - $ - $ 64,453 $ 64,453 - Bond proceeds 23,343,000 17,507,250 - (17,507,250) - Total Miscellaneous Revenue 23,343,000 17,507,250 64,453 (17,442,797) 0.28% Expenditures 35 Small Tools & Minor Equipment - - 61,101 61,101 - 41 Professional Services 2,588,000 1,941,000 - (1,941,000) - 64 Capital Outlay 11,139,000 8,354,250 362,015 (7,992,235) 3.25% Total Gen Government Improve 13,727,000 10,295,250 423,116 (9,872,134) 3.08% Transfers Out 460,000 345,000 - (345,000) - Total Expenditures 14,187,000 10,640,250 423,116 (10,217,134) 2.98% Change in Fund Balance 9,656,000 7,242,000 (358,663) (7,725,663) -3.71% Beginning Fund Balance - - 36,513,127 36,513,127 - Cash and investments ** Variance = Actual over (under) prorated budget Fund 305 $ 36,154,275 City of Tukwila City Facilities 306 - Revenue and Expenditures As of September 30 2017 % of year expired 75.00% Revenue Miscellaneous Revenue Bond proceeds 6,150,000 4,612,500 - (4,612,500) - Total Miscellaneous Revenue 6,150,000 4,612,500 - (4,612,500) - Expenditures 41 Professional Services 150,000 112,500 - (112,500) - 64 Capital Outlay 6,000,000 4,500,000 142,027 (4,357,973) 2.37% Total Gen Government Improve 6,150,000 4,612,500 142,027 (4,470,473) 2.31% Change in Fund Balance - - (142,027) (142,027) - Beginning Fund Balance - - - - - Ending Fund Balance $ - $ - $ (142,027) $ i (142,027) Cash and investments $ (142,027) ** Variance = Actual over (under) prorated budget Fund 306 M. City of Tukwila Water Fund 401 - Revenue and Expenditures As of September 30 2017 % of year expired 75.00% Revenue Charges for Services Water Sales $ 6,858,000 $ 5,143,500 $ 5,330,424 $ 186,924.01 77.73% Security 1,000 750 300 (450) 30.00% Total Charges for Services 6,859,000 5,144,250 5,330,724 186,474 77.72% Miscellaneous Revenue Investment Earnings 21,000 15,750 29,291 13,541 139.48% Connection Fees 25,000 18,750 155,834 137,084 623.34% Other Misc Revenue - - 3,984 3,984 - Total Miscellaneous Revenue 46,000 34,500 189,109 154,609 411.11% Sale of Capital Assets - - 4 4 - Total Revenue 6,905,400 5,178,750 5,519,837 341,087 79.94% Operating Expenses 11 Salaries 589,968 442,476 411,621 (30,855) 69.77% 12 Extra Labor 4,000 3,000 - (3,000) - 13 Overtime 7,000 5,250 4,576 (674) 65.37% 21 FICA 45,855 34,391 32,248 (2,143) 70.33% 23 PERS 70,837 53,128 48,597 (4,530) 68.60% 24 Industrial Insurance 20,507 15,380 10,185 (5,196) 49.66% 25 Medical, Dental, Life, Optical 119,295 89,471 88,343 (1,128) 74.05% 28 Uniform Clothing 1,330 998 - (998) - 31 Office & Operating Supplies 144,300 108,225 98,001 (10,224) 67.91% 33 Water Purchased for Resale 2,610,000 1,957,500 2,130,220 172,720 81.62% 35 Small Tools & Minor Equipment 11,000 8,250 1,619 (6,631) 14.72% 41 Professional Services 9,500 7,125 908 (6,217) 9.55% 42 Communication 2,500 1,875 1,520 (355) 60.82% 43 Travel 1,500 1,125 707 (418) 47.11% 45 Operating Rentals & Leases 183,381 137,536 136,411 (1,125) 74.39% 46 Insurance 14,853 11,140 14,853 3,713 100.00% 47 Public Utility Services 24,400 18,300 13,530 (4,770) 55.45% 48 Repairs & Maintenance 17,096 12,822 9,003 (3,819) 52.66% 49 Miscellaneous 37,000 27,750 41,036 13,286 110.91% 53 Excise Taxes 280,000 210,000 212,009 2,009 75.72% 54 Interfund utility taxes 688,000 516,000 533,136 17,136 77.49% Total Operating Expenses 4,882,322 3,661,742 3,788,521 126,780 77.60% Capital Expenses 64 Capital Outlay 3,195,000 2,396,250 1,892,925 (503,325) 59.25% 80 Debt Service Principal 132,334 99,251 95,080 (4,171) 71.85% 81 Debt Service Interest 15,881 11,911 8,447 (3,464) 53.19% Total Capital Expenses 3,343,215 2,507,411 1,996,452 (510,960) 59.72% Indirect cost allocation 616,053 462,040 462,040 - 75.00% Total Expenses 8,841,590 6,631,193 $ 247 013 (384,180) 70.65% Change in Fund Balance (1,936,590) (1,452,443) (727,176) 725,267 37.55% Beginning Fund Balance 4,178,561 4,178,561 6,692,750 2,514,189 160.17% Cash and investments ** Variance = Actual over (under) prorated budget Fund 401 $ 5,731,687 City of Tukwila Sewer Fund 402 - Revenue and Expenditures As of September 30 2017 % of year expired 75.00% Revenue Charges for Services Sewer Sales $ 8,524,000 $ 6,393,000 $ 7,274,680 $ 881,680 85.34% Total Charges for Services 8,524,000 6,393,000 7,274,680 881,680 85.34% Miscellaneous Revenue Investment Earnings 25,000 18,750 34,940 16,190 139.76% Connection fees 125,000 93,750 286,533 192,783 229.23% Total Miscellaneous Revenue 150,000 112,500 321,473 208,973 214.32% Total Revenue 8,674,000 6,505,500 7,596,153 ' 1,090,653 87.57% Operating Expenses 11 Salaries 355,341 266,506 220,468 (46,037) 62.04% 13 Overtime 4,442 3,332 1,688 (1,644) 38.00% 21 FICA 27,483 20,612 17,070 (3,542) 62.11% 23 PERS 42,668 32,001 26,030 (5,971) 61.01% 24 Industrial Insurance 12,304 9,228 5,093 (4,135) 41.40% 25 Medical, Dental, Life, Optical 71,620 53,715 58,339 4,624 81.46% 28 Uniform Clothing 570 428 - (428) - 31 Office & Operating Supplies 21,600 16,200 8,023 (8,177) 37.14% 33 Metro Sewage Treatment 4,200,000 3,150,000 3,404,140 254,140 81.05% 35 Small Tools & Minor Equipment 2,500 1,875 1,435 (440) 57.40% 41 Professional Services 2,600 1,950 3,075 1,125 118.25% 42 Communication 2,500 1,875 480 (1,395) 19.21% 43 Travel 2,000 1,500 2,076 576 103.80% 44 Advertising 150 113 - (113) - 45 Operating Rentals & Leases 103,926 77,945 76,453 (1,492) 73.56% 46 Insurance 4,952 3,714 4,952 1,238 100.00% 47 Public Utility Services 38,000 28,500 26,112 (2,388) 68.71% 48 Repairs & Maintenance 49,000 36,750 12,268 (24,482) 25.04% 49 Miscellaneous 55,000 41,250 38,411 (2,839) 69.84% 53 Excise Taxes 135,000 101,250 101,636 386 75.29% 54 InterFund utility tax 855,000 641,250 727,577 86,327 85.10% Transfers Out 5,986,656 4,489,992 4,735,326 245,334 79.10% Capital Expenses 64 Capital Outlay 4,353,500 3,265,125 1,491,038 (1,774,087) 34.25% 80 Debt Service Principal 322,271 241,703 233,436 (8,267) 72.43% 81 Debt Service Interest 36,794 27,596 22,574 (5,021) 61.35% Total Capital Expenses 4,712,565 3,534,424 1,747,048 (1,787,376) 37.07% Indirect cost allocation 469,302 351,977 351,977 - 75.00% Total Expenses 11,168,523 8,376,392 6,834,351 (1,542,042) 61.19% Change in Fund Balance (2,494,523) (1,870,892) 761,803 2,632,695 -30.54% Beginning Fund Balance 9,009,091 9,009,091 7,826,985 (1,182,106) 86.88% Ending Fund Balance $ 6,514,568 $ 7,138,199 $ 8,588,788 $ 1,450,589 131.84% Cash and investments $ 7,773,295 ** Variance = Actual over (under) prorated budget M, Fund 402 City of Tukwila Foster Golf Course 411- Revenue and Expenditures As of September 30 2017 % of year expired 75.00% Revenue General Revenue Excise Taxes Total General Revenue Charges for Services Sale of Merchandise Greens Fees, Instruction Total Charges for Services Miscellaneous Revenue Investment Earnings Rents and Concessions Other Misc Revenue Total Miscellaneous Revenue Transfers In $ 3,900 $ 2,925 $ 1,522 $ (1,403) 39.04% 3,900 2,925 1,522 (1,403) 39.04% 151,000 113,250 107,458 (5,792) 1,095,650 821,738 825,430 3,693 1,246,650 934,988 932,888 (2,100) 1,000 750 2,235 1,485 306,000 229,500 227,403 (2,097) 7,000 5,250 7,965 2,715 314,000 235,500 237,603 2,103 300,000 225,000 225,000 - 71.16% 223.55% 74.31% 75.00% Expenses 11 Salaries 603,021 452,266 411,831 (40,435) 68.29% 12 Extra Labor 112,000 84,000 92,702 8,702 82.77% 13 Overtime 2,040 1,530 1,612 82 79.01% 21 FICA 55,680 41,760 38,009 (3,751) 68.26% 23 PERS 75,399 56,549 55,434 (1,115) 73.52% 24 Industrial Insurance 26,475 19,856 16,458 (3,398) 62.17% 25 Medical, Dental, Life, Optical 141,258 105,944 100,691 (5,253) 71.28% 26 Unemployment Compensation 6,120 4,590 1,438 (3,152) 23.50% 28 Uniform Clothing 1,187 890 379 (511) 31.93% 31 Office & Operating Supplies 102,815 77,111 104,365 27,253 101.51% 34 Items Purchased for Resale 96,600 72,450 75,918 3,468 78.59% 35 Small Tools & Minor Equipment 4,000 3,000 5,361 2,361 134.02% 41 Professional Services 9,400 7,050 3,281 (3,769) 34.90% 42 Communication 5,671 4,253 4,330 77 76.35% 43 Travel 500 375 - (375) - 44 Advertising 4,000 3,000 5,461 2,461 136.52% 45 Operating Rentals & Leases 146,160 109,620 110,645 1,025 75.70% 46 Insurance 20,424 15,318 20,424 5,106 100.00% 47 Public Utility Services 63,400 47,550 53,730 6,180 84.75% 48 Repairs & Maintenance 39,000 29,250 60,130 30,880 154.18% 49 Miscellaneous 38,500 28,875 37,086 8,211 96.33% 53 Excise Taxes 6,400 4,800 4,539 (261) 70.93% 54 Interfund admissions tax 60,000 45,000 41,670 (3,330) 69.45% 64 Capital Outlay 50,000 37,500 16,043 (21,457) 32.09% Total Foster Golf Course Fund 1,670,050 1,252,538 1,261,535 8,998 75.54% Indirect cost allocation 180,899 135,674 135,674 0 75.00% Total Expenses 1;860,949 1,388,212 1,397,210 8,998 75A9% Change in Fund Balance 13,601 10,201 (196) (10,397) -1.44% Beginning Fund Balance 23,174 23,174 117,982 94,808 509.11% Cash and investments ** Variance = Actual over (under) prorated budget Fund 411 $ 787,496 C r' City of Tukwila Surface Water Fund 412 - Revenue and Expenditures As of September 30 2017 % of year expired 75.00% Revenue Charges for Services Surface Water Sales $ 6,133,000 $ 4,599,750 $ 6,149,268 $1,549,518 100.27% Total Charges for Services 6,133,000 4,599,750 6,149,268 1,549,518 100.27% Intergovernmental Revenue Miscellaneous Revenue Investment Earnings Other Misc Revenue Total Miscellaneous Revenue Operating Expenses 11 Salaries 12 Extra Labor 13 Overtime 21 FICA 23 PERS 24 Industrial Insurance 25 Medical, Dental, Life, Optical 28 Uniform Clothing 31 Office & Operating Supplies 35 Small Tools & Minor Equipment 41 Professional Services 42 Communication 43 Travel 44 Advertising 45 Operating Rentals & Leases 46 Insurance 47 Public Utility Services 48 Repairs & Maintenance 49 Miscellaneous 53 Excise Taxes 54 Interfund utility tax Total Operating Expenses Capital Expenses 1,256,000 942,000 - (942,000) - 24,000 18,000 28,110 10,110 117.12% - - 120 120 - 24,000 18,000 28,230 10,230 117.62% 1,007,855 755,891 499,852 (256,040) 49.60% 8,000 6,000 2,490 (3,510) 31.13% 9,000 6,750 4,050 (2,700) 45.00% 78,048 58,536 38,753 (19,783) 49.65% 121,038 90,779 58,448 (32,330) 48.29% 31,798 23,849 10,574 (13,275) 33.25% 236,299 177,224 120,082 (57,142) 50.82% 1,425 1,069 225 (844) 15.79% 41,500 31,125 17,298 (13,827) 41.68% 5,000 3,750 2,086 (1,664) 41.71% 3,600 2,700 4,108 1,408 114.11% 2,000 1,500 1,381 (119) 69.05% 2,000 1,500 1,139 (361) 56.95% 500 375 - (375) - 332,620 249,465 248,125 (1,340) 74.60% 22,279 16,709 22,278 5,569 100.00% 107,000 80,250 20,756 (59,494) 19.40% 36,572 27,429 5,228 (22,201) 14.30% 23,500 17,625 20,247 2,622 86.16% 50,000 37,500 56,448 18,948 112.90% 618,000 463,500 616,444 152,944 99.75% 2,738,034 2,063,626 1,760,012 (303,614) 63.91% 64 Capital Outlay 4,573,500 3,430,125 856,959 (2,573,166) 18.74% 80 Debt Service Principal 288,148 216,111 270,953 54,842 94.03% 81 Debt Service Interest 15,659 11,744 12,907 1,163 82.43% Total Capital Expenses 4,877,307 3,667,980 1,140,819 (2,617,161) 23.39% Indirect Cost Allocation 518,528 388,896 388,896 0 75.00% Total, Expenses 8,133,869 6,100,402 3,279,726 (2,820,676) 40.32%' Change in Fund Balance (720,869) (540,652) 2,897,771 3,438,423 401.98% Beginning Fund Balance 4,273,828 4,273,828 2,602,903 (1,670,925) 60.90% Cash and investments ** Variance = Actual over (under) prorated budget i • Fund 412 $ 5,843,512 City of Tukwila Equipment Rental/Replacement Fund 501 - Revenue and Expenditures As of September 30 2017 % of year expired 75.00% Revenue Charges for Services ERR O&M Dept Charges $ 1,946,304 $ 1,459,728 $ 1,455,228 $ (4,500) 74.77% Equipment Replacement Charges 690,596 517,947 517,947 0 75.00% Transportation 150 113 - (113) - Total Charges for Services 2,637,050 1,977,788 1,973,175 (4,612) 74.83% Miscellaneous Revenue Investment Earnings 14,269 10,702 29,189 18,487 204.56% Other Misc Revenue - - 300 300 - Total Miscellaneous Revenue 14,269 10,702 29,489 18,788 206.67% Sale of Capital Assets 30,000 22,500 5,811 (16,689) 19.37% Transfers In 460,000 345,000 - (460,000) - Total Revenue 3,141,319 2,3551989 2,008,476 (462,514) 63.94% Expenses 11 Salaries 384,003 288,002 283,575 (4,427) 73.85% 12 Extra Labor 15,000 11,250 8,736 (2,514) 58.24% 13 Overtime 1,858 1,394 - (1,394) - 21 FICA 30,344 22,758 22,020 (738) 72.57% 23 PERS 46,100 34,575 34,161 (414) 74.10% 24 Industrial Insurance 14,851 11,138 7,447 (3,691) 50.15% 25 Medical, Dental, Life, Optical 99,899 74,924 74,540 (384) 74.62% 28 Uniform Clothing 950 713 431 (282) 45.34% 31 Office & Operating Supplies 3,000 2,250 2,755 505 91.82% 34 Items Purchased for Resale 750,000 562,500 390,278 (172,222) 52.04% 35 Small Tools & Minor Equipment 5,000 3,750 2,841 (909) 56.81% 41 Professional Services 1,750 1,313 2,302 990 131.57% 42 Communication 2,000 1,500 1,042 (458) 52.12% 43 Travel 1,500 1,125 420 (705) 27.98% 45 Operating Rentals & Leases 77,227 57,920 57,869 (51) 74.93% 46 Insurance 65,574 49,181 66,567 17,387 101.51% 48 Repairs & Maintenance 120,000 90,000 45,140 (44,860) 37.62% 49 Miscellaneous 12,000 9,000 11,132 2,132 9276% 53 Ext Taxes & Operating Assessme - - 1 1 - 64 Capital Outlay 1,999,000 1,499,250 387,385 (1,111,865) 19.38% Total Equipment Rental Fund 3,630,056 2,722,542 1,398,643 (1,323,899) 38.53% Indirect Cost Allocation 322,910 242,183 242,183 - 75.00% Total Expenses 3,952,966 2,964;725 1,640,826 (1,323,899) 41.51%, Change in Fund Balance (811,647) (608,735) 367,650 861,385 -45.30% Beginning Fund Balance 5,592,380 5,592,380 4,393,334 (1,199,046) 78.56% Ending Fund Balance $ 4,780,733 $ 4,983,645 $ 4,760,984 $ (337,661) 99.59% Cash and investments $ 5,095,767 ** Variance = Actual over (under) prorated budget Fund 501 RYA City of Tukwila Insurance Fund 502 - Revenue and Expenditures As of September 30 2017 % of year expired 75.00% Revenue 6,662,500 4,996,875 4,523,323 (473,552) 67.89% Charges for Services 32,000 24,000 22,852 (1,148) 71.41% Employee Benefit Programs $ 1,200 $ 900 $ 1,281 $ 381 106.73% Total Charges for Services 1,200 900 1,281 381 106.73% Miscellaneous Revenue 123,117 92,338 92,338 - 75.00% Investment Earnings 96,000 72,000 73,199 1,199 76.25% Employer Trust Contributions 5,999,527 4,499,645 4,304,813 (194,833) 71.75% Employee Contributions 77,000 57,750 88,697 30,947 115.19% Total Miscellaneous Revenue 6,172,527 4,629,395 4,466,709 (162,686) 72.36% Expenses 25 Medical, Dental, Life, Optical 6,662,500 4,996,875 4,523,323 (473,552) 67.89% 41 Professional Services 32,000 24,000 22,852 (1,148) 71.41% 49 Miscellaneous 25,000 18,750 5,283 (13,467) 21.13% Total 6,719,500 5,039,625 4,551,458 (488,167) 67.74% Indirect cost allocation 123,117 92,338 92,338 - 75.00% Change in Fund Balance (668,890) (501,668) (175,806) 325,861 26.28% Beginning Fund Balance 1,175,682 1,175,682 1,494,823 319,141 127.15% Ending Fund Balance $ 506,792 $ 674,015 $ 1,3319,017 $ 645,002 260.27% Cash and investments $ 3,153,352 ** Variance = Actual over (under) prorated budget Fund 502 88 City of Tukwila LEOFF Insurance Fund 503 - Revenue and Expenditures As of September 30 2017 % of year expired 75.00% Revenue Miscellaneous Revenue Investment Earnings $ 3,340 $ 2,505 $ 700 $ (1,805) 20.95% Employer Trust Contributions 265,000 198,750 190,872 (7,878) 72.03% Total Miscellaneous Revenue 268,340 201,255 191,572 (9,683) 71.39% Expenses 25 Medical, Dental, Life, Optical 575,250 431,438 315,310 (116,127) 54.81% 41 Professional Services 18,000 13,500 3,510 (9,990) 19.50% 49 Miscellaneous 500 375 - (375) - Total 593,750 445,313 318,820 (126,492) 53.70% Indirect Cost Allocation 12,549 9,412 9,412 - 75.00% Total Expenses 606,299 454,724 328,232 (126,492) 54.14%' Change in Fund Balance (337,959) (253,469) (136,660) 116,809 40.44% Beginning Fund Balance 1,210,204 1,210,204 882,478 (327,726) 72.92% Cash and investments ** Variance = Actual over (under) prorated budget Fund 503 $ 937,068 Ell City of Tukwila November 13, 2017 N 3rd Quarter Financial Highlights Departmental budgets (in total) within budget. $20 November 13, 2017 $ 25 $30 $35 2017 3rd Quarter Financial Report Mi $45 ions 2 General Fund Revenue Sales tax below budget by $1.14 million Not experiencing growth as budgeted, 1st and 2nd quarter revenue consistent with previous year 3rd quarter saw decline in revenue compared to 2016 Year over year declines by NAICS category ■ Manufacturing down $55 thousand, or 26% ■ Wholesale down $300 thousand, or 27% ■ General Retail down $98 thousand, or 1% ■ Services down $137 thousand, or 3% Other NAICS categories either flat or slightly up November 13, 2017 2017 3rd Quarter Financial Report 3 General Fund Revenue Gambling tax exceeding budget by $241 thousand. RGRL fee below budget by $147 thousand. Major employer shifted employees out of city. Security (Court) below budget by $52 thousand, changes in law require ability to pay to be considered before imposing cost. Transportation below budget by $58 thousand, less damage to City property occurring. November 13, 2017 2017 3rd Quarter Financial Report 4 Overall, Expenditures Within Budget Excluding Dept. 20, expenditures are at 71% of allocated budget. All departments except for Fire, Technology & Innovation Services, and Parks Maintenance are below allocated budget. Fire Department only department expected to require budget amendment. Department 20 transfers to capital project funds only as needed. November 13, 2017 2017 3rd Quarter Financial Report 5 a) Highlights of Other Funds 42nd Ave S Phase III, 53rd Ave S street projects: $8.8 million bond proceeds received in July. REST revenue exceeding budget: $873 thousand each in land acquisition and arterial street funds. City Facilities (fund 306): preliminary siting for Public Works shops. Andover Park E water/sewer main replacement project: significant work in both water and sewer funds. Through September, self-insured healthcare for employee expenses at 67% of budget. November 13, 2017 2017 3rd Quarter Financial Report 6 Looking Forward Continued regular monitoring of Fire department. Transfers to capital projects funds if needed. Continued enhancement of reporting to departments and Council. Long-range financial planning tool coming soon. November 13, 2017 2017 3rd Quarter Financial Report 7 CO November 13, 2017 Q&A The city of opportunity, the community of choice. 2017 3rd Quarter Financial Report 8 Preliminary Projected Year -End Revenue Expenditure Change in Fund Balance $61,931,082 61, 770, 909 $160,174 Represents a conservative projection. November 13, 2017 2017 3rd Quarter Financial Report 9 100 CO UNCIL AGENDA SYNOPSIS Initials Meetin Date Prepared byMa nor r revies Council review 11/13/17 VC °' 11/20/17 VC ❑ Resolution Mtg Date ® Ordinance Mtg Date 11120117 ❑ Bid..Award Mtg Date ® Public Hearing Mtg Date 11/13/17 ITEM INFORMATION ITEM NO. 101 STAFF SPONSOR: VICKY CARLSEN 11/13/17 AGFNDA ITIz12 Trrl.j. Approve year-end 2017 budget amendment ordinance. CA'I'I,'<;ORY ® Discuz:don g Date 11/13/17 Mi ❑ Motion bltg Date ❑ Resolution Mtg Date ® Ordinance Mtg Date 11120117 ❑ Bid..Award Mtg Date ® Public Hearing Mtg Date 11/13/17 ❑ Other Mtg Date SPONSOR ❑Council ❑Mayor E] HR ❑DCD ®Finance ❑Fire ❑T,S ❑P&R ❑Police ❑PIF ❑Court SPONSOR'S The Council is being asked to review and approve an ordinance amending the 2017-2018 SUMMARY biennial budget. RIwI1?WI'.D BY ❑ C.O.W. Mtg. ❑ CDN Comm ® Finance Comm. ❑ Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/7/17 COMMITTEE CHAIR: SEAL RECOMMENDATIONS: SP0NSOR/Ai)M1N. Finance Department COMMITTI.r Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENllI"rURF, RI?QUIRI D AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/13/17 MTG. DATE ATTACHMENTS 11/13/17 Informational Memorandum dated 11/1/17 (Updated after Finance Com.) Draft Ordinance Reconciliation of 2017-2018 Budget Summary to Ordinance Info Memo - Fire Department Budget Update and Proposed Budget Amendment 11/20/17 101 102 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance and Safety Committee FROM: Peggy McCarthy, Finance Director BY: Vicky Carlsen, Deputy Finance Director CC: Mayor Ekberg DATE: November 1, 2017 SUBJECT: 2017-2018 Mid -Biennium Budget Amendments ISSUE Approve the administrative 2017-2018 mid -biennium budget amendments. BACKGROUND While amending the budget is only required when a fund, in total, is in danger of exceeding budget, it is practice to adjust the budget to keep departments in the general fund from exceeding budget as authorized through the biennial budget process. It is also practice to adjust budgets in other funds to reflect changes in financial plans that occur throughout the fiscal year. Many of the proposed budget amendments have been reviewed and approved by the Committee and/or Council process as noted below in the discussion and in the Exhibit A. Budget amendments are being proposed for the following reasons: • Add budget for departments or funds experiencing higher than expected costs and in danger of being over expenditure budget at year-end. For 2017, an adjustment is proposed for the Fire Department and several other funds. • Add budget for revenue -backed expenditures such as grants and reimbursable services. • Adjust budget for carryovers - initiatives budgeted in one year but expended in the next year. • Add budget for new initiatives. In 2017, Council authorized the purchase of land, a contract for quality assurance related to the Public Safety Plan, and the Axon Body Camera program for the Police Department. Additional details on the initiatives are included below in the discussion and in exhibit A. • Several administrative adjustments including debt service and compliance with the Reserve Policy. The proposed amendments have been categorized into the following four groups: No Category Name Category Description 1. Existing Service Adjust budget to reflect changes needed to maintain existing service levels Levels & Plans and plans including departmental under and over expenditures. 2. Revenue Backed Increase both expenditure and revenue budget for new programs or services that have a dedicated funding source. 3. Carryovers Move budget to or from budget years to mirror actual or planned spending and revenue recognition. 103 INFORMATIONAL MEMO Page 2 4. Initiatives Budget for new programs, enhanced service levels or system improvements. (e.g. for 2017, The quality assurance contract for the Public Safety Plan). The budget amendments are discussed below and are also listed in Exhibit A titled, "2017 Year End Budget Amendment Detail." DISCUSSION Crl:1 1411:11C7_\1P211 Category 1 — Existing Service Levels and Plans. Departmental Expenditures Exceeding Budget. At the July 5, 2016 meeting, Council authorized the Fire Department to increase the total pipeline positions from three to five. These positions are unbudgeted and are intended to reduce overtime due to retirements. The Fire Department has been experiencing three retirements each year for the last several years. In 2017, only one retirement has occurred. Because the retirements did not occur as expected, $240 thousand in labor costs were incurred that were not offset by a reduction in overtime. The Finance and Community Development departments are expected to be below budget at the end of the year. Funds in from these two departments will be transferred to the Fire department to cover this amendment. Additional details on the Fire Department budget is provided in the Fire Department Budget Update and Proposed Budget Amendment Info Memo. This item has been discussed at several Finance Committee meetings. Another budget amendment in this category relates to the Public Safety Plan. The budget was drafted to include bond proceeds to be received in 2017 for costs associated with the Public Works Shops facility. It is now expected that the earliest the City will sell bonds for the Shops will be in 2018. Costs for preliminary siting work have been incurred in 2017. An operating transfer from the general fund into the city facilities (PW Shops) fund (306) will need to be done to cover costs incurred. These costs can be reimbursed when bonds are sold. The final amendment in this category is to transfer 10% of previous year one-time revenue from the general fund to the contingency fund. One-time revenue received in 2016 was related to construction sales tax and the transfer will come from 2017 beginning fund balance. Category 2 — Revenue Backed The most significant amendment in this category is for the Fire Department. In September, fire personnel were deployed to assist in recovery efforts from two hurricanes; one in Texas and the other in Florida. Approximately $125 thousand in labor costs were incurred that will be reimbursed. Due to the lateness in the fiscal year that these events occurred, it is anticipated that funds will not be received until 2018. The Fire Department also incurred emergency medical costs that will be reimbursed in 2017. Total costs and reimbursement is approximately $35 thousand. A grant was approved by Council at the October 23, 2017 special meeting for the Police Department. The grant, which requires a 10% match, is to fund a temporary position to maintain service levels in the Police Records Unit. Grant revenue is approximately $77 thousand, and with the required match, expenditures will be approximately $77.5 thousand. The Mayor's Department secured a grant from the Port of Seattle to create marketing materials for business development and attraction. Resolution #1888 was approved on August 15, 2017 supporting the City's efforts to obtain this grant. The total grant is $16,500. VVABudget12017-2018 BUDGET12017-18 Budget Amendmentsllnfo Memo Budget Amendment.docx 104 INFORMATIONAL MEMO Page 3 Other revenue backed amendments are for four grants received by the Recreation Department. A Wilderness Explorers grant, in the amount of $2,671 was secured to support Camp Tukwilly. A grant from World Vision MOU, in the amount of $5,000 was secured to support the 2017 Youth Action day. Amendments for these two grants is specific to 2017. The Recreation Department also secured a grant from the United Way to support summer playground sites. The grant is $3,000 for 2017 and $3,000 for 2018. The final grant is the At -Risk Afterschool Meals program, part of the Child and Adult Food Program. Revenue for this grant was budgeted in both 2017 and 2018 at $4,000 but the City will receive $9,000. Expenditures were budgeted at $1,500 each year but will match the revenue received. Category 4 — Initiatives Budget of $50 thousand is being added to the Council's budget. At the June 26, 2017 special meeting, Council approved a contract with Steven Goldblatt to provide quality assurance for the Public Safety Plan. At the May 8, 2017 Committee of the Whole meeting, it was discussed to use 2017 beginning fund balance to cover the cost of the contract as ending 2016 fund balance increased $248 thousand more than projected. The contract extends through December 31, 2021 in an amount not to exceed $250 thousand. OTHER FUNDS Budget amendments for other funds are proposed to -- • Add expenditure budget to ensure adequate coverage of actual 2017 expenditures in the hotel/motel (lodging tax 101) and drug seizure fund (109), • Reflect transfer in from the general fund to the contingency fund to meet Reserve Policy requirements, • Add expenditure budget to ensure adequate coverage of projected 2018 expenditures in the surface water fund (412) associated with the Gillam Creek 42nd Avenue South project, • Add expenditure budget to purchase land in the land acquisition fund, • Reflect budget transfers from the general fund as well as utility funds into the city facilities fund (306) for the Public Works Shops facility, • Adjust the Public Safety Plan fund (305) to reflect the transfer in of impact fees previously collected and adjust timing of purchase of ladder and other fire equipment, • Replace the line of credit that is due in December 2017 with a new 5 -year debt in the facilities fund (302), • Carryover budget from 2017 projects in the residential streets (103) and arterial streets (104) funds, • Reflect additional Local Improvement District (LID) bond payments resulting from the early LID assessment payoffs that occurred in 2016, and • Streamline CAFR (Comprehensive Annual Financial Report) process. Combine all LTGO (limited tax obligation bond fund budgets into one fund to streamline CAFR reporting. RECOMMENDATION The Council is asked to approve the 2017 mid -biennium Budget Amendment ordinance and consider this item at the November 14, 2017 Committee of the Whole, and November 20, 2017 Regular Council Meeting. ATTACHMENTS Draft Ordinance Reconciliation of 2017-2018 Budget Summary to Ordinance Info Memo — Fire Department W1BudgetQ017-2018 BUDGET017-18 Budget Amendments\Info Memo Budget Amendment.docx 105 106 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2515, WHICH ADOPTED AND AMENDED THE CITY OF TUKWILA'S BIENNIAL BUDGET FOR THE 2017-2018 BIENNIUM, TO ADOPT AN AMENDED MID -BIENNIUM BUDGET; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on December 5, 2016, the City Council of the City of Tukwila adopted Ordinance No. 2515, which adopted the 2017-2018 biennial budget of the City of Tukwila; and WHEREAS, a mid -biennium budget amendment was presented to the City Council in a timely manner for their review, in accordance with RCW 35A.34.130; and WHEREAS, on November 13, 2017, following required public notification, the City Council conducted a public hearing on the proposed mid -biennium budget amendment; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Amended. Tukwila Ordinance No. 2515 is hereby amended with the City Council's adoption of the document entitled "City of Tukwila 2017-2018 Mid - Biennium Budget Amendment," attached hereto and incorporated by this reference as if fully set forth herein, in accordance with RCW 35A.33.075. Section 2. Estimated Revenues and Appropriations. The totals of the estimated revenues and appropriations for each separate fund and the aggregate totals are as follows: FUND EXPENDITURES REVENUES 000 General $142,679,203 $142,679,203 105 Contingency $5,894,563 $5,894,563 104 Arterial Street $39,473,923 $39,473,923 2XX Debt Service $9,922,528 $9,922,528 302 Facility Replacement/Urban Renewal $10,271,906 $10,271,906 305 Public Safety Plan $25,160,000 $25,160,000 306 City Facilities (Public Works Shops) $29,913,000 $29,913,000 W: Word Processing\Ordinances\Budget amendment -2017-2018 mid -biennium 10-26-17 vc:bjs Page 1 of 2 107 Section 3. Copies on File. A complete copy of the amended budget for 2017-2018, as adopted, together with a copy of this amending ordinance, shall be kept on file in the City Clerk's Office, and a copy shall be transmitted by the City Clerk to the Division of Municipal Corporations of the Office of the State Auditor and to the Association of Washington Cities. Section 4. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 6. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force and effect five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 12017. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachment: City of Tukwila 2017-2018 Mid -Biennium Budget Amendment W: Word Processing\Ordinances\Budget amendment -2017-2018 mid -biennium 10-26-17 vc:bjs Page 2 of 2 1: Exhibit A 2017-18 Mid -Biennium Budget Amendment Detail -- Spreadsheet 2017 Increase (Decrease) 2018 Increase (Decrease) Ref bept. Sponsor Explanation Expense Revenue Effect on Expense Revenue Effect on l EFB EFB GENERALFUND POLICE DEPARTMENT Category 2 - Revenue Backed --r-----•----d - f ----- --- - --------------- 1 ! PD lRichardso !Grant funded temporaryFTE to maintain level of service i 86,029 77,426 (8,603) jin jin the Police Records Unit. Grant was approved by Council at the October 23, 2017 special meeting. ;Police Department Total 86,029 77,426 (8,603) FIRE DEPARTMENT Category 1 - Existing Service Levels or Plans 2 j FD jCarlsen jFunding to cover costs associated with two additional 240,000 (240,000) 240,000 (240,000) j j jpipeline positions approved by Council at the July 5, .. 2,671 2,671 2016 meeting. Category 2 - Revenue Backed 3,000: 3,000 3 FD Carlsen Firefighter deployment to assist with recovery efforts 125,000 125,000 3,000 from hurricanes in Texas and Florida. Information on the 5,000: 5,000 I I (deployment was presented to Council at the October 23, I I 12017 C.O.W. meeting. I 5,000 - - -- ------------------------------------- 4 I FD !Carlsen IExpenses related providing emergency medical . 35,000 35,000 5,000 (2,500) jj jservices. The City was able to receive an additional $35 i thousand in reimbursement for incurred costs. jFire Department Total 400,000 160,000 (240,000) 240,000 (240,000) FtwAwrlF Category 1 - Existing Service Levels or Plans - - - - - ---,--------------------------------- 5 ! Finance !Carlsen !Due to lower than anticipated expenditures related to (120,000); (240,000) frisk management, budget of $120 thousand can be transferred to Fire. ,Finance Total (120,000): 120,000 (`n MMI IAIITv nFt/FI nPMFAIT l 4LCWVIy 1 - GAIDLIIIW JCI V14C LCVCID VI r1411D 6 DCD Carlsen Due to vacancies, salaries and benefits are lower than (120,000) (240,000) !expected. Budget of $120 thousand can be transferred MAYOR Category 2 - Revenue Backed - - - - - - --------------------------------- - 7 1 Mayor !Speck !Port of Seattle grant to create marketing materials for 16,500 16,500 (240,000) ! I !business development and attraction. Resolution 1888 j j jwas approved on August 15, 2016 supporting the City's efforts to obtain this grant. jMayor Total 16,500: 16,500 PARKS & RECREATION Category 2 - Revenue Backed ---------------------------------- ----- --- $ I Rec IGallaway IWild Explorers grant to supportCamp kw- .. 2,671 2,671 --- 9 I Rec --!Gallaway !United Way grant to support summer playground sites. 3,000: 3,000 3,000 3,000 10 l Rec IGallaway (World Vision MOU to support 2017 Youth Action day. 5,000: 5,000 - - - - - -- -'------------------------------ 11 I Rec IGallaway !At -Risk Afterschool Meals program, and is part of the 7,500 5,000 (2,500) 7,500 5,000 (2,500) jChild and Adult Food Program. When budget was i jj jdrafted, $4,000 in revenue was budgeted expected revenue is not $9,000 each year. Only $1,500 in expenditures was budgeted but total funds to be spent is I I !expected to be $9,000. I I (Parks & Recreation Total 18,171 15,671 (2,500) 10,500 8,000 (2,500) COUNCIL Category 4 - Initiativesl ----------------L-------------------------------- 12 I lHumphrey!Steve Goldblatt Quality Assurance for Public Safety 30,000 - (30,000) 60,000 (60,000) jj (Plan. This contract was approved at the June 26, 2017 jj jspecial meeting and per discussion at the May 8, 2017 Committee of the Whole, funding is to come from 2016 !ending fund balance. The contract extends through I I IDecember 31, 2021 in an amount not to exceed I I I $250,000. I I (Council Total 30,000: (30,000) 60,000 + (60,000) 11/8j2Q7g1:05 AM Exhibit A 2017-18 Mid -Biennium Budget Amendment Detail -- Spreadsheet 110 11/8/2017 11:05 AM 2017 Increase (Decrease) 2018 Increase (Decrease) Ref bept. Sponsor Explanation Expense, Revenue Effect on Expense Revenue Effect on EFB EFB TRANSFERS, REVENUE & OTHER Category 1 - Existing Service Levels or Plans --------- --- — -------------------- — --- — — 14 I ICarlsen (Expenditures associated with the PW Works Shops 210,000 ' (210,000) j j jfacility. The budget was drafted to include bond jj jproceeds, however, bonds will not be sold until at least 2018. An operating transfer is necessary to cover 2017 costs until bonds are sold. 15 'Carlsen Transfer 10% of previous year one-time revenue 138,515 (138,515) (construction sales tax) to Contingency fund per Reserve I I (Policy. Transferred funds will come from beginning fund jj jbalance. I I (Transfers, Revenue & Other Total 348,515 (348,515) Total General Fund 000 0 813,186 192,171 (621,015) 396,529 ° 85,426 (311,103) 110 11/8/2017 11:05 AM Exhibit A 2017-18 Mid -Biennium Budget Amendment Detail -- Spreadsheet 2017 Increase (Decrease) 2018 Increase (Decrease) Ref bept. Sponsor Explanation Expense Revenue Effect on Expense Revenue Effect on ! EFB EFB CONTINGENCY FUND 105 Category 1 - Existing Service Levels or Plans I . ..... ....... — — — —--------- 16 I Fin (Carlsen ITransfer 10% of previous year one-time revenue 138,515 i 138,515 (construction sales tax) to Contingency fund per Reserve :Policy. Total Contingency Fund 105 138,515 138,515 1 1 HOTEL/MOTEL FUND 101 Category 1 - Existing Service Levels or Plans _ _ _ _ _ _ _ 17! Fin !Carlsen !True up budget in 2017 and 2018 as approved by — — 281,800 (281,800) 213,586 (213,586) I I (Council at the June 20, 2016 regular meeting and as jrecorded in the 2017-20018 biennial budget document. Total Hotel/Motel Fund 101 281,800 (281,800) 213,586 (213,586) DRUG SEIZURE FUND 109 Category 4 - Initiatives — - — — - — —--------------------------------- - 18 j Police jMitchellTrue up budget to account for costs of Axon body 380,000 (380,000) 200,000 (200,000) camera program approved by Council at the July 17, 1 12017 regular meeting. Total Drug Seizure Fund 109 1 380,000 (380,000) 200,000 (200,000) RESIDENTIAL STREET FUND 103 Category 3 - Carryovers --—— ------ ---- ----- — 19 ---Fin- — TLa-banara-— -- 42nd— -- Ave— S-proj—ect.--Carry forward into 2018 as this (2,000,000), 2,000,000 2,000,000 (2,000,000) I I I project spans more than one year. 20 Fin�Labanaravj53rd Ave S project. Carryforward into 2018 as this (3,800,000), 3,800,000 3,800,000 (3,800,000) I I project spans more than one year. Total Residential Street (5,800,000) 5,800,000 5,800,000 (5,800,000) ARTERIAL STREET FUND 104 Category 3 - Carryovers & Reclassifications 21 Fin -FL a-b-ar—ara _rB_ oein—g Access Road Bridge Rehab project. Carry(9,900,000), (9,000,000)( 900,000 9,900,000 9,000,000 (9,900,000) I I Iforward into 2018 as the project spans more than one j j jyear. — — — — — ®-------------------------------- 22 I Fin lLabanara IStrander Blvd Extension project. Carryforward into (2,400,000): (2,000,000) 400,000 2,400,000 2,000,000 (2,400,000) I I 12018 as this project spans more than one year. (12,300,000) (11,000,000) 1,300,000 11 12,300,000 11,000,000 (1,300,000) LAND ACQUISITION FUND 301 Category 4 - Initiatives 23 1-S i i I F Land acquisition as authorized by Council at the October 2,000,000 ' (2,000,000) 500,000 (500,000) I 116, 2017 regular meeting. Total Land Acquisition Fund 301 2,000,000: (2,000,000) 500,000 (500,000) PUBLIC SAFETY PLAN FUND 305 Category 3 - Carryovers & Reclassifications — ----- 24 Carlsen Transfer in impact fee revenue collected to date from the 1,017,000 1,017,000 I IFire Impact Fee fund. — ------a- — — -�--- — ----- ------------------ 25 IWittwer (Adjust budget to reflect purchasing the ladder and other 1 2,245,000 _ (2,245,000) I jequipment in 2018 rather than 2019 as originally Total Public Safety Plan Fund 305 - 1,017,000 1,017,000 2,245,000 (2,245,000) CITY FACILITIES (PW SHOPS) FUND 306 Category 1 - Existing Service Levels or Plans —------- — — — ---------------- ------- --- 26 jCarlsen jExpenditures associated with the PWW-rks Shops 420,000 420,000 facility. The budget was drafted to include bond proceeds. Bonds will not be sold until at least 2018. an I !operating transfer is necessary to cover 2017 costs. i Total City Facilities (PW Shops) Fund 306 420,000 420,000 11/81217 11:05 AM 2017-18 Mid -Biennium Bu Category 1 - Existing Service Levels or Plans 27 Fin jMcCarthy jP-ay off line of credit with new, 5 -year debt. The current line of credit with Bank of the West is budgeted to be ! paid in 2018. 28 !Bianchi vrGregor House property was budgeted to be sold in 2017. I (Rather than selling the property, it has now been jjproposed to enter into a long-term lease. Total Urban Renewal Fund 302 Exhibit A t Amendment Detail -- Spr 2017 Increase (Decrease) Expense Revenue Effect on EFB 2,350,000 2,350,000 i (250,000), (250,000) i 2,350,000 2,100,000 FIRE EQUIPMENT FUND 304 Category 3 - Carryovers & Reclassifications 26-7— !Carlsen (Transfer impact fee revenue collected to date to the 1,017,000 (1,017,000) jPublic Safety Plan fund. Total Fire Equipment Fund 304 1 1,017,000 (1,017,000) LID FUND 233 heet 2018 Increase (Decrease) Expense Revenue Effect on EFB Category 1 - Existing Service Levels or Plans 36-1 — ——!Cars-e—n --(A-d—ju-s—t LI—D p—rinc—ipal —ay—m-e--s t—o a—cco—unt—fo-r— add—itio—na-1- 146,000: (146,000) 2 11 00,000 ! (200,000) jassessment revenue. Revenue was received in 2016, jassessment was paid in January 2017. Total LID Fund 233 1 146,000 (146,000) 200,000 (200,000) WATER FUND 401 Category 1 - Existing_ Service Levels or Plans 32 j FinCarlsen IExpenditures associated with the PW Works Shops 70,000 (70,000) j j jfacility. The budget was drafted to include bond proceeds. However, bonds will not be sold until at least 1 12018. an operating transfer is necessary to cover 2017 Total Water Fund 401 1 70,000: (70,000) 1 1 SEWER FUND 402 Category 1 - Existing Service Levels or Plans 33 i Fin Carlsen i Expenditures associated with the PW Works Shops 70,000 (70,000) facility. The budget was drafted to include bond proceeds. However, bonds will not be sold until at least I I 12018. an operating transfer is necessary to cover 2017 (Total Sewer Fund 402 L1 70,000 - (70,000) SURFACE WATER FUND 412 Category 3 - Carryovers -& Reclassifications 34�i Fin Carlsen �iGillam Creek 42nd Ave S Surface Water project to cover increase in construction costs. This is only an estimate I I lat this time. _ _ ------ — — ----- --- - 35 � !C Fin arlsen v�Expenditures associated with the PW Works Shops 70,000 (70,000) I ! Ifacility. The budget was drafted to include bond jj jproceeds. However, bonds will not be sold until at least jj j2018. an operating transfer is necessary to cover 2017 Surface Water Fund 412 70,000 (70, LIMITED TAX GENERAL OBLIGATION (LTGO) FUNDS 2XX Category 1 - Existin_g_ Service Levels or Plans _ _ _ _ _ _ _ _ _ 36 ! Fin ICarlsen !To streamline CAFR (Comprehensive Annual Financial IReport) only. Combine all LTGO debt service fund jbudgets into one fund to streamline CAFR reporting. Details on individual debt issues will still be maintained for administrative purposes. This change will not affect I I !any voter approved debt issues or the two debt funds (associated with Local Improvement District #33. Total Limited Tax General Obligations 2XX 3,343,607 3,343,607 i i I I 6,578,921 6,578,921 112 11/8/2017 11:05 AM City of Tukwila 2017-2018 Mid -Biennium Budget Amendment ORIGINAL AMENDED Reconciliation of 2017-2018 Budget Summary to Ordinance BUDGET BUDGET Shaded rows indicate debt fund budgets being combined into one fund for reporting purposes. 11/1/201711A:4 AM 2017 2018 2018 Ending Total Mid Biennial Amendment Total 2017 2018 EXPENDITURES Expenditures Expenditures Fund Balance Expenditures Expenditures 000 General $ 62,639,570 $ 68,168,105 $ 11,593,932 $ 142,401,606 $ 192,171 $ 85,426 $ 142,679,203 101 Hotel/Motel 440,700 423,914 1,536,261 2,400,875 - - 2,400,875 103 City Street 9,353,000 5,425,000 887,431 15,665,431 - 15,665,431 104 Arterial Street 29,137,579 9,803,218 533,126 39,473,923 (11,000,000) 11,000,000 39,473,923 105 Contingency - - 5,756,048 5,756,048 138,515 - 5,894,563 109 Drug Seizure Fund 45,000 45,000 491,635 581,635 - - 581,635 2XX LTGO Debt Service 3,343,607 6,578,921 9,922,528 200 LTGO Bonds 691,150 2,940,000 133,546 3,764,696 (824,696) (2,940,000) - 208 LTGO Bonds - 2017 (Public Safety Plan) - 492,000 - 492,000 (492,000) 209 LTGO Bonds - 2017 (Residential Street) - 672,000 - 672,000 (672,000) 211 Limited Tax G.O. Refunding Bonds, 2008 809,900 809,100 416 1,619,416 (810,316) (809,100) 212 Limited Tax G.O. Bonds, 2009A 427,461 428,288 2 855,751 (427,463) (428,288) - 213 UTGO-2107 - 2,681,000 - 2,681,000 2,681,000 214 Limited Tax G.O. Bonds, 2010A 581,191 575,153 33,972 1,190,316 (615,163) (575,153) - 217 2011 Refunding Bonds 552,300 549,250 539 1,102,089 (552,839) (549,250) 218 2014 Facility 113,130 113,130 - 226,260 (113,130) (113,130) - 206 LID Guaranty - - 670,151 670,151 670,151 233 2013 LID 721,830 702,655 855,923 2,280,408 2,280,408 301 Land Acquisition, Recreation & Park Dev. 1,139,000 581,000 2,378,123 4,098,123 - 4,098,123 302 Facility Replacement 1,860,000 6,086,000 225,906 8,171,906 2,100,000 10,271,906 303 General Government Improvements 290,794 294,593 149,962 735,349 735,349 304 Fire Improvements - - 727,831 727,831 - 727,831 305 Public Safety Plan 14,187,000 9,599,000 357,000 24,143,000 1,017,000 25,160,000 306 City Facilities 6,150,000 2,302,000 21,041,000 29,493,000 420,000 29,913,000 401 Water 8,841,590 6,898,434 2,386,537 18,126,561 18,126,561 402 Sewer 11,168,523 8,618,352 6,695,216 26,482,091 26,482,091 411 Foster Golf Course 1,850,949 1,887,168 67,157 3,805,274 3,805,274 412 Surface Water 8,133,869 8,729,475 3,809,484 20,672,828 20,672,828 501 Equipment Rental 3,952,966 4,227,493 4,698,217 12,878,676 12,878,676 502 Insurance Fund 6,842,617 7,150,807 4,589 13,998,014 13,998,014 503 Insurance - LEOFF 1 Fund 606,299 623,714 516,872 1,746,884 1,746,884 611 Firemen's Pension 72,727 76,491 1,162,401 1,311,619 1,311,619 Total $ 170,609,146 $150,902,340 $ 66,713,277 $ 388,224,762 $ (7,132,314) $ 11,085,426 $ 392,177,875 Shaded rows indicate debt fund budgets being combined into one fund for reporting purposes. 11/1/201711A:4 AM City of Tukwila 2017-2018 Mid -Biennium Budget Amendment REVENUES 2015 Beginning Fund Balance 2017 Revenues 2018 Revenues Total Revenues Mid Biennial Amendment Total Revenues 2017 2018 000 General $ 11,500,000 $ 62,665,691 $ 68,235,916 $ 142,401,606 $ 192,171 $ 85,426 $ 142,679,203 101 Hotel/Motel 103 City Street 906,875 833,331 736,000 9,397,500 758,000 5,434,600 2,400,875 15,665,431 2,400,875 15,665,431 104 Arterial Street 3,786,923 25,398,000 10,289,000 39,473,923 (11,000,000) 11,000,000 39,473,923 105 Contingency 5,716,048 20,000 20,000 5,756,048 138,515 - 5,894,563 109 Drug Seizure Fund 461,635 60,000 60,000 581,635 581,635 2XX LTGO Debt Service 3,343,607 6,578,921 9,922,528 200 LTGO Bonds 133,546 691,150 2,940,000 3,764,696 (824,696) (2,940,000) - 208 LTGO Bonds - 2017 (Public Safety Plan) - - 492,000 492,000 (492,000) 209 LTGO Bonds - 2017 (Residential Street) - - 672,000 672,000 (672,000) 211 Limited Tax G.O. Refunding Bonds, 2008 416 809,900 809,100 1,619,416 (810,316) (809,100) 212 Limited Tax G.O. Bonds, 2009A 2 427,461 428,288 855,751 (427,463) (428,288) - 213 LITGO-2107 - - 2,681,000 2,681,000 2,681,000 214 Limited Tax G.O. Bonds, 2010A 33,972 581,191 575,153 1,190,316 (615,163) (575,153) - 217 2011 Refunding Bonds 539 552,300 549,250 1,102,089 (552,839) (549,250) 218 2014 Facility - 113,130 113,130 226,260 (113,130) (113,130) - 206 LID Guaranty 669,151 500 500 670,151 670,151 233 2013 LID 301 Land Acquisition, Recreation & Park Dev. 898,764 2,713,123 702,111 716,000 679,533 669,000 2,280,408 4,098,123 2,280,408 4,098,123 302 Facility Replacement 370,706 3,486,600 4,314,600 8,171,906 2,100,000 10,271,906 303 General Government Improvements 334,349 200,500 200,500 735,349 735,349 304 Fire Improvements 645,631 32,100 50,100 727,831 727,831 305 Public Safety Plan 306 City Facilities - - 23,843,000 6,150,000 300,000 23,343,000 24,143,000 29,493,000 1,017,000 420,000 25,160,000 29,913,000 401 Water 402 Sewer 411 Foster Golf Course 412 Surface Water 501 Equipment Rental 502 Insurance Fund 503 Insurance - LEOFF 1 Fund 611 Firemen's Pension 4,178,561 9,009,091 23,174 4,273,828 5,592,380 1,175,682 1,210,204 1,170,891 6,905,000 8,674,000 1,864,550 7,413,000 3,141,319 6,173,727 268,340 69,687 7,043,000 8,799,000 1,917,550 8,986,000 4,144,977 6,648,605 268,340 71,041 18,126,561 26,482,091 3,805,274 20,672,828 12,878,676 13,998,014 1,746,884 1,311,619_L 18,126,561 26,482,091 3,805,274 20,672,828 12,878,676 13,998,014 1,746,884 1,311,619 Total $ 55,638,823 $171,092,757 $161,493,183 $ 388,224,762 1 $ (7,132,314) $11,085,426 $ 392,177,875 Shaded rows indicate debt fund budgets being combined into one fund for reporting purposes. 114 11/1/2017 10:49 AM City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance Council Committee FROM: Peggy McCarthy, Finance Director and Jay C Wittwer, Fire Chief BY: Vicky Carlsen, Deputy Finance Director CC: Mayor Ekberg DATE: October 11, 2017 SUBJECT: Fire Department Budget Update and Proposed Budget Amendment ISSUE The discussion below encompasses the Fire Department budget, pipeline positions, retirements, and lessons learned. The Fire Department is currently projected to exceed the 2017 adopted budget, which is largely due to additional pipeline positions authorized by the Council in mid -2016 and fewer than anticipated retirements in 2017. Additionally, budget was exceeded due to deployment of fire personnel to assist with hurricane recovery efforts in Texas and Florida. While most of the deployment costs will be reimbursed, the City does not expect to receive that funding until 2018. BACKGROUND History of Pipeline Positions Pipeline positions were initially introduced to the fire department in February of 2014. City Council approved up to three pipeline positions in 2014 and two additional pipeline positions in June of 2016. Two pipeline employees were hired in 2014 and only one of them completed the academy. When the department suffered an unexpected departure of an employee in 2014, the pipeline employee filled that open slot thus leaving no pipeline employees available. 3 more pipeline employees started post -academy in early 2016 and 3 more were hired in 2017. The intent of pipeline positions is to keep staffing levels at or above the minimum of 13 to reduce overtime caused by employee departures. When staffing is at least 15, the aid car is placed in service. In 2015, when no pipeline employees existed, the aid car was in service for 31 shifts. In 2016, there were 3 pipeline employees and the aid car was in service for 81 shifts. For 2017, the aid car has been in service for over 100 shifts (and still counting) with 5 pipeline employees. History of Fire Department Staff Departures The Fire department's staff enjoys a significant amount of longevity. At least 17 firefighters have been on staff for at least 28 years. All are eligible to retire now. In addition to the 17 noted above, there are 5 other fire department personnel that are able to retire with less than 28 years of service in the system. 33% of the Fire department members will be able to retire at this point, and as the months pass by, more will be added to this list. With longevity, comes retirements and other departures. 115 INFORMATIONAL MEMO Page 2 Retirements have averaged three a year since 2012. However, through the end of October, there has only been one retirement. It was anticipated that there would be up to three retirements in 2017 and that at least one pipeline position would transfer into an existing position. 2017 — 2018 Budget Preparation The budget was prepared in the fall of 2016 just as the new Fire Chief, Jay Wittwer, was beginning his tenure with the City. The Finance Department is responsible for budgeting salaries, benefits, liability insurance, and fleet costs. Finance does not budget facilities costs such as utilities nor does it determine budget for dispatch services (Valley Comm.). A total of 67 positions are included in the budget. Existing staff were budgeted at their current salary and benefits. Vacant positions were budgeted at step 1 with benefits based on entry level salary. All pipeline positions are unbudgeted; each pipeline position has an average annual cost of $125 thousand. DISCUSSION Salaries During the first half of 2017, all five pipeline positions, as authorized by City Council, have been filled. Because the intent of pipeline positions is to reduce overtime, they are unbudgeted. Through the end of June, salaries are over budget by $198 thousand, or 2% of allocated budget. Budgeted salaries were increased 2% over 2016 salaries as a place -holder for cost -of -living (COLA) adjustments. Because labor contracts have not been settled yet, actuals do not reflect COLA increases. Pipeline Positions The primary intent of pipeline positions is to reduce overtime costs. Minimum staffing in the Fire Department is 13. A and C shifts have 20 staff assigned positions and B shift has 19 assigned positions. Labor contracts allow for a total of four positions to be off for Kelly day or vacation eaci shift. Pipeline positions provide a cushion for each shift to allow for sick leave without dropping below minimum staffing. An additional benefit of the pipeline positions is if minimum staffing for a shift is 15, the aid car is placed in service, thereby increasing service levels to the City. Even with 5 pipeline positions spread across all three shifts, overtime is on par with allocated budget rather than below allocated budget. The existence of pipeline positions in the first nine months of 2017 offset 117 shifts of overtime. The approximate value of that offset is $175K. Many shifts have incurred overtime above minimum staffing levels of 13. This is due, in a small part, to not having a trained driver for apparatus on shift. If the driver is the one that calls in sick, even with minimum staffing, overtime will be incurred to bring in a driver to fill the position. It should be noted that the five pipeline positions add $600 thousand in unbudgeted expenditures, however, the department was able to absorb $360 thousand without exceeding budget. Looking Forward / Lessons Learned Administration and the Fire Department are committed to making operational adjustments in order to keep Fire within authorized budget, as directed by policy. In 2017, the Fire Department expended additional overtime to train drivers. The department currently faces a shortage of drivers, and at times, will incur overtime even when staffing is at, or above, the minimum of 13 when a driver is absent. Driver's training should be completed in the Z:ICouncil Agenda Items\Communications\Info Memo - fire Budget 11.1.17.docx 116 INFORMATIONAL MEMO Page 3 next few months. This effort, along with balancing the shifts with fire fighters that have been trained to drive, should reduce the anticipated overtime budget by approximately $80 thousand. The City has the option to keep the department within budget by reducing minimum staffing. This could be done on a global level, or on days where vacation, sick and Kelly Day usage requires someone to be called in on overtime. The Department could determine that they can run below the minimum staffing of 12. On these days one engine would be "browned out" (i.e. placed temporarily out of service) and an aid unit would be placed in service. Minimum staffing of 11 would cause one unit (engine or ladder truck) to be browned out and the ladder would operate with four personnel. This would also cause a station to be browned out for that day. If minimum staffing is reduced to 10, the ladder would remain in service with a total of three personnel. As mentioned above, Administration and the Fire Department is committed to keeping the Fire budget below the adopted budget. Ongoing meetings will occur each month, overtime will continue to be monitored on a daily basis, and budget reviewed each pay period. At these meetings, issues can be promptly identified and corrective action taken. Proposed Budget Amendment — Fire Department Staff is recommending a budget amendment of $400 thousand for the Fire Department consisting of the following three elements: 1. Costs associated with the two additional pipeline positions authorized in June 2016. Costs for each pipeline position is approximately $120 thousand including wages, benefits, equipment, and training for a proposed amendment of $240 thousand. This element of the amendment will be requested for both 2017 and 2018. 2. Additional EMS levy funds to account for costs for providing emergency medical services. The City has requested, and will receive, an additional $35 thousand in EMS levy funds that is expected to be received this year. Both revenue and expenditure lines will be adjusted by $35 thousand. 3. Expenditures associated with the deployments related to the hurricanes. Approximately $128 thousand in costs were incurred to deploy fire personnel. These costs are revenue - backed, so the budget amendment would not only include an adjustment to overtime and related benefits, but to revenue as well. Since the deployments occurred later in the year, the City will most likely not receive reimbursement until 2018. RECOMMENDATION This memo is for information only. However, the full budget amendment will go to the Committee of the Whole on November 13 where this information will also be shared for Council deliberation on the budget amendment. WA2017 Info MemosTire Budget 11.1.17.docx 117 1 : Fire Department Update PROPOSED BUDGET AMENDMENT CO Budget amendment request due to: Unbudgeted pipeline positions Revenue backed EMS levy funds Natural disaster deployments Pipeline positions Three pipeline positions created in February of 2014 Two added in June of 2016 due to anticipated retirements Pipeline positions are unbudgeted - Prepare for retirements - Reduce overtime N N Departures 2006-2017 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Fire Department Suppression Personnel 68 Suppression Employees 23 are Retirement Eligible ■34% Retirement Eligible Pipeline positions Aid Car ;Usage 2015 (no pipeline positions filled) shifts aid car in service: 31 2016 (3 pipeline positions filled) shifts aid car in service: 81 2017 (5 pipeline positions filled) shifts aid car in service: 103* (*estimated) 120 100 80 60 40 20 0 2015 2016 2017 Shifts Aid Car In -Service ,TPipeline Positions Filled Cost of five pipeline positions: $600,000 Department able to absorb: $360,000 Requested budget amendment for pipeline positions: $240,000 EMS Levy Funds Additional funds no anticipated The City requested and will receive additional EMS levy (voter -approved) funds for the cost of providing emergency medical services. Both revenue and expenditure lines will be adjusted by $35,000 Four staff deployed to Texas for Harvey relief Five staff deployed to Georgia for Irma relief All but one staff members' time will be reimbursed Reimbursement not likely until 2018; hence need for budget amendment Budget amendment: $125,000 N CO TFD IN TEXAS: CAPT.'S MCCOY, MORALES, NEVENS AND FF O'BRIEN TFD IN GEORGIA: CAPT.'S MORALES, JOHNSON & NEVENS. FF'S BROOKS AND O'BRIEN Moving forward Reduce pipeline positions back to three Overtime will be monitored on a daily with coming retirements basis Driver's Training to increase driver :Budget reviewed each pay period. availability per shift Potentially review adjustments to Balancing shifts with drivers service levels Monthly meetings to review budget, overtime and take corrective action if needed W 0 $80,000.00 $70,000.00 $60,000.00 $50,000.00 $40,000.00 $30,000.00 $20,000.00 $10,000.00 Jan Feb 2017 Jan -Sep Overtime Expenditures Mar OT Expenditures Apr May Jun Jul Aug • Deployment OT (incl. backfin) Sep Potential Reduction in Cost & Services Per Shift if Staffing Dips Below 13 10 PERSONNEL: 1 ENGINE & STATION O/S, LADDER I/5 W/3 STAFFED 11 PERSONNEL: 1 ENGINE & STATION 0/5, LADDER I/S W/4 STAFFED 12 PERSONNEL: 1 ENGINE 0/S, AID CAR 1/$ $0 $500 $1,000 $1,500 $2,000 $2,500 $3,000 $3,500 $4,000 $4,500 $5,000 Fire budget amendment requested: Pipeline positions: EMS Levy: Deployments: Total: $240,000 $35,000 (revenue backed) $125,000 (reimbursed in 2018) $400,000 COUNCIL AGENDA SYNOPSIS I nidials Meetin Date Pre aced lq Mayor'' reviwn) Council review 11/13/17 RB lel 11/20/17 RB ® Resolution All Date 11/20/17 ❑ Ordinance �l1tg Date ❑ BidAzvatd 1LIt Dale E] Public Hearing 17th Date ITEM INFORMATION ITEM NO. 5.E. 133 AFF SPONSOR: RACHEL BIANCHI ORIC;INALA<�1?ND11 DA'PT: 11/13/17 1cI:Ni�.� Ir1�,�1 Trr�.l: A resolution adopting the 2018 State legislative Agenda C.A I I{CORP ® DiJcusi-ion 11l Date 11/"13/17 ❑ Motion �14tg Date ® Resolution All Date 11/20/17 ❑ Ordinance �l1tg Date ❑ BidAzvatd 1LIt Dale E] Public Hearing 17th Date F Other g Date Al/ SPONSOR ❑Council ®Mayor ❑HR ❑DCD [:]Finance ❑Fire ❑TS ❑P&R ❑Police ❑PW []Court SPONSOR'S Council is being asked to adopt the city's legislative agenda for the 2018 session. S(IMMARY RI,:\'II'm I{I) m, ❑ C.O.W. NItg. ® CDN Comm ❑ Finance Comm. ® Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/6&11/13 COMMITTEE CHAIR: MCLEOD & HOUGARDY RECOMMENDATIONS: SPONSOR/ADMIN. Mayor's Office CONNirr°YFF, Forward to Committee of the Whole COST IMPACT / FUND SOURCE IXPI;NDI"PURI;Rr(wii i) AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/13/17 MTG. DATE ATTACHMENTS 11/13/17 Informational Memorandum dated 10/31/17 (Updated after 11/6 PS) Proposed 2018 Legislative Agenda Resolution 11/20/17 133 134 City of Tukwila Allan Ekberg, Mayor TO: Public Safety Committee Community Development and Neighborhoods Committee FROM: Rachel Bianchi, Communications and Government Relations Manager CC: Mayor Ekberg DATE: October 31, 2017 SUBJECT: 2018 Legislative Agenda (Updated after PS Committee) ISSUE The City of Tukwila develops an annual legislative agenda for use in Olympia during the legislative session. BACKGROUND The City's Legislative Agenda provides direction to staff and consensus among the elected officials as to what policy positions are taken on behalf of the City of Tukwila during the legislative session. At the Public Safetv Committee meetina on November 6, 2017 the followina were added to the draft legislative agenda with full support of the Committee: • Economic Development staff asked that an item be added to preserve the flexibility in the definition of "tourist." Last session a bill was considered that would have changed the definition of "tourist" to be visitors from more than 50 miles awav or from a different state or country. This change would inhibit Tukwila's ability to attract day visitors with lodging tax funds. Since there is a good change the bill will return in 2018, it seemed prudent to include it on the adopted legislative agenda. • Councilmember Quinn asked, and his colleagues agreed, to include an item on monitoring the effect of the McCleary decision and changes to education funding made in the 2017 legislative session to ensure that Tukwila students are benefiting from these new policies. RECOMMENDATION The Council is being asked to approve the resolution and consider this item at the November 13 Committee of the Whole meeting and subsequent November 20 Regular Meeting. The City's lobbyist, Jennifer Ziegler, will provide a legislative update at the November 20 meeting. ATTACHMENTS Resolution in draft form Attachment A — Updated Legislative Agenda 135 136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A LEGISLATIVE AGENDA FOR USE DURING THE 2018 WASHINGTON STATE LEGISLATIVE SESSION. WHEREAS, the City Council has agreed to pursue certain legislative issues for 2018; 5TiT1 WHEREAS, the City Council recognizes this agenda is not all encompassing, in that certain additional items may arise during the legislative session that require support or opposition; and WHEREAS, a legislative agenda outlines the priority issues that elected officials may discuss when speaking to members of the Washington State Legislature; and WHEREAS, the City Council agreed to these priorities at the Regular City Council Meeting on November 20, 2017; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Tukwila City Council has identified priorities for the 2018 Washington State Legislative Session that provide a framework for advocacy on behalf of the community. The City of Tukwila 2018 Legislative Agenda is hereby incorporated by reference as Attachment A. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2017. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Dennis Robertson, Council President Filed with the City Clerk:_ Passed by the City Council: Resolution Number: Attachment A: City of Tukwila 2018 Legislative Agenda W:\Word Process ing\Resolutions\Legislative Agenda for 2018 10-31-17 RB:bjs Page 1 of 1 137 ATTACHMENT A City of Tukwila 2017 Legislative Agenda Transportation & Infrastructure • Join the US DOT, Freight Mobility Strategic Investment Board, the City of Tukwila and other partners to fund the Strander Extension project to increase freight mobility and remove 55,000 vehicles a day from 1-405, 167 and other nearby roadways. • Create stable, reliable infrastructure assistance funding for cities to assist in repairing roads, bridges and other public infrastructure that support economic development. Housing & Human Services • Provide future stable funding for homelessness by eliminating the sunset and increasing the document recording fee. • Create new local options to generate revenue for housing and human services and for capital construction of affordable housing. • We strongly encourage the state to adequately fund human services programs for the health of the safety net. Shared Revenue The State must continue its role as a partner with cities. Maintaining existing programs such as Streamlined Sales Tax Mitigation Payments, which provides Tukwila over $1.1 million annually, is part of this partnership. In addition, the state must retain the local share of liquor taxes to allow jurisdictions to address impacts, such as public safety, of privatized liquor in our cities. Revenue Reform • Allow cities the authority and flexibility to address the fact that growth in the cost of services continue to outstrip revenues. • The state should amend the law that limits annual property tax growth to 1 percent and work with cities to authorize additional funding flexibility and opportunities at the local level. Streamlined Sales Tax Mitigation • Jurisdictions significantly and adversely impacted by the sunset of streamlined sales tax mitigation payments must be made whole. • Department of Revenue's sales tax projections appear to be inflated and indicate significant loss of revenue for the City of Tukwila. Education • Implement needs based funding for allocation of social emotional student support resources and expand funding for learning opportunities for summer school students. • Increase funding for homeless students and secondary ELL student and incorporate early learning for low income students as a part of Basic Education. • Continue to monitor outcomes of the McCleary decision and funding identified in the 2017 legislative session to ensure Tukwila students benefit. Law Enforcement • Increase funding for law enforcement training to ensure that all police officers have access to key resources that save lives. Preserve Lodging Tax Flexibility • Ensure the definition of "tourist" in Washington State remains flexible to allow jurisdictions and Lodging Tax Advisory Committees to distribute lodging tax dollars in a manner that best serves each individual community. 138 COUNCIL AGENDA SYNOPSIS ----------------------Initials Meeting Date Prepared b Mayor's re*w Council review 11/13/17 RB 11/20/17 RB ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ BidAward Mtg Date ❑ Public•Hearing Mtg Date ITEM INFORMATION ITEM NO. 5. F. 139 SFAFF SPONSOR: RACHEL BIANCHI ORIGINALAGENDn Dlv"I'E: 011/13/17 AGENDA IT]"Ni TITLE A pre -construction contract for General Contractor Construction Management (GC/CM) for the Public Safety Plan fire stations. CA'I7?GORY ® Discussion Mtg Date 11/13/17 ® Motion Mtg Dote 11/20/17 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ BidAward Mtg Date ❑ Public•Hearing Mtg Date ❑ Other All Date SPONSOR ❑Council ®Mayor OFIR ❑DCD [].Finance ❑Fire OTS ❑P&R ❑Police ❑PIF ❑Court SPONSOR'S The Council is being asked to approve a contract with Lydig for preconstruction services associated with the construction of three new fire stations. The contract is not to exceed $372,000. RI3VIP,WID 13Y ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ® Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE. 11/6/17 COMMITTEE CHAIR: MCLEOD RECOMMENDATIONS: SPONSOR/ADMIN. Mayor's Office CoN,INIIz'I'EE Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPE'.NDITUIZL; REQUIM`D AMOUNT BUDGETED APPROPRIATION REQUIRED $372,000 $$372,000 $$372,000 Fund Source: PUBLIC SAFETY BONDS Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/13/17 MTG. DATE ATTACHMENTS 11/13/17 Informational Memorandum dated 10/31/17 Draft Contract GCCM Request for Proposals 11/20/17 139 i's City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Public Safety Committee FROM: Rachel Bianchi, Communications and Government Relations Manager CC: Mayor Ekberg DATE: November 6, 2017 SUBJECT: General Contractor Construction Manager (GCCM) Services Contract for Fire Stations ISSUE The City requires the services of a construction company for the preconstruction and construction services of the three fire stations included in the Public Safety Plan. After thorough staff review of the candidate firms that responded to the City's Request for Proposals, the City Council is being asked to approve a contract with Lydig Construction Company for a contract not to exceed $372,000.00, which includes preconstruction services for the three fire stations. BACKGROUND In November of last year, the voters in Tukwila approved the City's Public Safety Bond as a part of the overall Public Safety Plan. Included in the bond is funding for three new fire stations to replace the seismically deficient and out-of-date stations at 51, 52 and 54. With assistance from Shiels Obletz Johnsen (SOJ), the project management firm assisting the City in the implementation of the Public Safety Plan, staff determined that the City would reap significant benefits from hiring one contractor for all three stations. These benefits include: • Check real-time cost of construction in each phase and respond accordingly • Vet design team's assumptions to minimize constructability issues, eliminate costly solutions, and calibrate the quality of all station designs • Respond to the escalating market, by procuring early bid packages during the design phase to minimize the cost impact to the project It is important to note that, having one construction company work with one architect to collaborate on design and construction creates an efficient process which enables the streamlined communication and construction process for all three fire stations. On August 31, 2017 the City issued a Request for Proposals for GCCM services. Ultimately, the City received four proposals that were evaluated by SOJ, City Manager, the Police Chief and the court administrator, the judge and the Communications and Government Relations Manager. Three firms were interviewed and Lydig Construction Company was chosen by the interview panel and the results of the final bidding process which included their percentage of fee plus the General Conditions amount. Lydig brings several strengths as a GCCM: • Strength of design of previous public and essential facilities, including the regional SCORE Misdemeanant Jail project. • Confidence in the proposed project manager's qualifications and ability to work with the various constituencies associated with the project. • Experience working on public projects with multiple locations and tight budgets 141 INFORMATIONAL MEMO Page 2 Experience with and commitment to working with disadvantaged businesses (DBEs) and on projects that include community benefit agreements History of working as a successful General Contractor Construction Management (GCCM) on projects Recommendations from project managers on their previous projects, as well as direct conversations with end users who use the facilities they constructed. SOJ allocated a not to exceed amount of $372,000.00 in the budget. The program manager, with significant experience building public projects and an architect herself, has determined this is a good value for the City and taxpayers. Lydig will be given a first Notice to Proceed on Fire Station 51 Preconstruction Services initially, followed by the other two stations at an appropriate time. RECOMMENDATION The Public Safety Committee is asked to approve the contract for Preconstruction Services for Lydig Construction and forward it to the next Committee of the Whole meeting on November 13, 2017. Final approval of the contract would occur at the November 20 meeting. ATTACHMENTS Request for Proposals Proposed Lydig Contract WA2017 Info Memos\GCCM Memo.doc 142 Request for Proposals for General Contractor/Construction Manager (GC/CM) Services For the City of Tukwila Fire Stations 51, 521 54 Project Submittal Deadline: October 9, 2017 at 3:00 p.m. CITY OF TUKWILA Page 1 of 11 REQUEST FOR PROPOSALS FIRE STATIONS 51, 52,54 PROJECT 143 1.0 PROJECT BACKGROUND The Fire Stations 51, 52, and 54 Project is part of the City of Tukwila's Public Safety Program, which the City developed to address the needs of the community and Tukwila's first responders. The program prioritizes fully funding fire, police and other first responders by investing in safe, modern facilities, as well as fire apparatus and equipment. This includes replacing the City's three seismically -deficient fire stations, guaranteed funding for 20 years for fire apparatus and equipment, building a Justice Center to house the Tukwila Police Department and Municipal Court, and replacing the City's Public Works Shops. The City will make these investments with a mix of City General Fund, Enterprise Funds, impact fees, land sales, and the voter -approved bond that passed on November 8, 2016. This bond measure is the largest capital program executed to date in the City. The timely and successful implementation of all program elements is of the utmost importance to the City to address significant deficiencies in Tukwila's emergency response facilities. 2.0 PROJECT DESCRIPTION All three fire stations are intended to be flexible, with sites large enough to add additional bays, sleeping quarters, community rooms and storage as the City continues to grow and the population requires more first responder support over the next 50 years. While these are three separate buildings, the City views them as one project, as all three facilities need to have consistency in materials, systems, operations and maintenance procedures. Fire Station 51 The current Station 51 is undersized and seismically deficient. Built before our modern understanding of the health issues associated with firefighting, it lacks many of the physical barriers included in modern fire stations to protect firefighters' health. The current location is less than optimal to meet required response times or the needs of the projected population growth of the City. The new Station 51 is proposed to be a 9,426 SQ FT, 2 -bay neighborhood station that will house one ladder truck and one aid car. This station will provide storage for additional fleet vehicles, as well as the Self Contained Breathing Apparatus (SCBA) maintenance room. It will include specific "hot" and "cool" zones, air filtration and other strategies to support firefighter health. The design will include mindful planning of future facilities at this site, including, but not limited to, a future training tower and a large storage barn to house large equipment needed during emergencies. The City has secured and currently owns the new project site for Station 51. Fire Station 52 The current Station 52 is also undersized, seismically deficient and not in the best location to meet the response times for the community. It also has physical deficiencies that do not support the health and safety of firefighters working at the station. The new Station 52 is proposed to be a 15,068 SQ FT, 3 -bay station that will house one ladder truck, one aid car, and one Battalion Chief vehicle, as well as the administrative headquarters for the Fire Department. It will also include a training room that will double as a backup emergency operations center for the City, and accommodations for two community outreach programs: the Ham Radio Club of Tukwila and the Fire Department Explorers Group. The City is engaged in a detailed siting analysis effort to identify a short list of parcels for this Station 52. It is expected the City will have a site control by December 2017. CITY OF TUKWILA Page 2 of 11 REQUEST FOR PROPOSALS FIRE STATIONS 51, 52,54 PROJECT 144 Fire Station 54 The current Station 54 handles the most calls for the City due to its present location, rendering the size of the station significantly inadequate. While the present location is appropriate to meet response times, the building is also seismically deficient and its lot is too small to allow for growth. The current building has similar deficiencies to protect firefighter health and safety as the other two. The new Station 54 is proposed to be 9,287 SQ FT, 2 -bay neighborhood station that will house one engine and a spare bay for a future vehicle, as well as a tool maintenance shop for the Fire Department. The City is also engaged in a detailed siting analysis effort to identify a short list of parcels for this Station54. It is expected the City will have control by December 2017. Sites Selection Process The City engaged an FACETS Consulting to provide information and recommendations for the locations for Stations 52 and 54. Potential locations were determined through a geographical information system (GIS) analysis process. This GIS analysis takes into consideration response times based on national standards, historical response data, street and road access and speed limits, topography, and barriers to response (i.e. bridges, railroad tracks, etc.). In addition to the fire station locations, FACETS provided input on the size of the fire stations and the appropriate location for fire headquarters. Following the FACETS Consulting study, the City hired Heartland LLC to manage the site acquisition process for Stations 52 and 54. The process is underway with a list of potential sites identified. Heartland and team are working through assessing the sites based on siting criteria approved by the City Council. The City Council is prepared to utilize eminent domain on the sites deemed appropriate by fall 2017 with the goal of sites under control by December 2017. Having a GC/CM on board by the fall will provide valuable insights into site constraints and/or constructability issues important for City and team to understand. Early siting investigation have already identified specific challenges related to sensitive site conditions, including high liquefaction zones throughout the City and significant steep slopes, the need for additional traffic control devices, the presence of dual access points at each site, and tight sites in densely populated residential neighborhoods. Final siting choices will take the presence of these conditions into account, in addition to the costs associated with acquisition and development. Please visit www.TukwilaWA.gov/GCCMDocuments for a copy of Programming Document developed by Weinstein A+U regarding the project description and scope of work and programming elements for FS 51, 52, 54. The design team members include.- Architect: nclude:Architect: Weinstein A+U Structural Engineer: Swenson Say Faget Electrical Engineer: Travis Fitzmaurice Mechanical Engineer: The Greenbusch Group Civil Engineer: LPD Engineering 3.0 SCHEDULE The following is the current planned schedule for project events Design and Construction August 2017 Advertisement for Request for Proposals CITY OF TUKWILA Page 3 of 11 REQUEST FOR PROPOSALS FIRE STATIONS 51, 52,54 PROJECT 145 October 2017 Selection of GC/CM November 2017 Pre -Construction Services Contract November 2017 Start review of Schematic Design by GC/CM 2014 Construction starts GC/CM Selection Process August 2017 Publication of Request for Proposals for GC/CM Services (RFP) in Seattle Daily Journal of Commerce and Seattle Times September 18, 2017 Optional Project Informational Meeting October 9, 2017 Proposal submittal deadline from interested GC/CM firms 4.0 SCOPE OF GC/CM SERVICES The GC/CM will work collaboratively and proactively with the City of Tukwila and Architect regarding the planning, design, development, and completion of the Work in a manner which supports the City's efforts to keep costs within the City's budget. The GC/CM shall provide Construction Management (CM) services throughout the Project, from the preconstruction services through construction completion and shall closely coordinate such work with the Architect and City as provided by the Contract Documents. The GC/CM shall provide CM services, including but not limited to: 1) Assistance in identifying safe work practices and requirements for construction; 2) Assessing and recommending site logistics requirements; 3) Recommending phasing, sequencing of work, and construction scheduling; 4) Providing cost -estimating including MACC Negotiated Support Services budgeting; 5) Determining and reconciling constructability issues and performing constructability analysis of the design documents prior to subcontract bidding; 6) Assessing alternative construction options for cost savings; 7) Identifying products for Value Engineering (VE) and engineering systems for life cycle cost design considerations and recommending all work necessary to support their implementation and; 8) Participating in City of Tukwila Design and Construction Documents Phases coordination reviews. In addition, the GC/CM must be familiar with the local labor and subcontracting market and be capable of working with subcontractors to generate viable pricing alternatives. The GC/CM shall provide full general contracting services for construction of the Project in accordance with the requirements of the Contract Documents and RCW 39.10.210 through 39.10.410, except to the extent work is specifically indicated in the Contract Documents to be the responsibility of others. During preconstruction, the GC/CM shall provide preconstruction services as set forth in the preconstruction services contract and as such be a collaborating member of the project team with the City of Tukwila and the Architect during the Design and Construction Documents Phases prior to construction. The GC/CM shall be responsible for providing necessary consulting expertise to the City to ensure that the program scope is maximized and the construction budget and the Project schedule are met. 5.0 SELECTION AND AWARD PROCESS The City is contracting for GC/CM services in accordance with the process authorized by RCW Ch. 39.10, including without limitation, RCW 39.10.210 through 39.10.410. All Proposers must be registered by the CITY OF TUKWILA Page 4 of 11 REQUEST FOR PROPOSALS FIRE STATIONS 51, 52,54 PROJECT 146 Washington State Department of Labor and Industries in accordance with RCW 18.27.020. The process for selection of the GC/CM firm, negotiation of the MACC, award of the GC/CM Contract, and payment for Preconstruction Services is as follows: 5.1 Anyone interested in becoming the GC/CM must submit a Proposal in accordance with the requirements set forth in this Request for Proposals for GC/CM Services. 5.2 On the basis of the evaluation criteria set forth in this RFP, the firms submitting proposals will be scored and ranked. The short list of firms will be asked to participate in an interview which will be scored. The Interview scores and Proposal scores will be added together and the selection committee will select the qualified firms to submit a Final Proposal. Firms selected to submit a Final Proposal will be provided with a Request for Final Proposals (RFFP) document providing additional details of the scope of Preconstruction Services, the estimated MACC, and the detailed Specified General Conditions requirements. The finalist firms will submit Final Proposals which are sealed bids for the Percent Fee, stated as percentage of the estimated MACC, and a fixed amount for the detailed Specified General Conditions Work in response to the RFFP. 5.3 The Final Proposals will be evaluated and the scores added to the other scores. The firm with the highest score, based on the selection committee's evaluation of the original Proposal and the Interview, and the results of the Final Proposal will be asked to submit a Preconstruction Work Plan. Subject to approval of the Preconstruction Work Plan by the City, the Contractor shall immediately execute an Agreement for Preconstruction Services, which shall be solely for the performance and payment of Preconstruction Services. If the Contractor fails to submit an acceptable Preconstruction Work Plan to the City within fourteen (14) calendar days of the City's request, the PDA may select the next highest ranked firm for entering into an Agreement for Preconstruction Services and GC/CM contract. MACC negotiations will occur when the scope of the project is adequately defined and the Contract Documents are at least ninety percent (90%) complete as mutually determined by the GC/CM and the PDA, but no later than the conclusion of Construction Documents. At the time a MACC is successfully negotiated, the parties will sign the GC/CM Contract, which contract shall replace, supersede and incorporate the Agreement for Preconstruction Services, thereby merging the GC/CM Contract and the Agreement for Preconstruction Services. 5.4 MACC negotiations will take place prior to execution of the GC/CM Contract. MACC negotiations shall be completed within 30 days of the receipt of the Contractor's MACC estimate. The Contractor's MACC estimate shall be completed no later than three weeks from receipt of the construction documents to be used for MACC negotiations. Should the Contractor and City not agree on a satisfactory MACC that the PDA determines to be fair, reasonable and within the available funds, the City may suspend or cancel the negotiations and begin to negotiate with the next highest ranked firm or terminate the process. Should the City choose to suspend or cancel the negotiations upon failure to achieve a MACC, such suspension or cancellation will be effective upon receipt of written notification to the Contractor. Contractor shall not be reimbursed for the cost of MACC negotiations. 6.0 INFORMATIONAL MEETING An optional pre -proposal conference will be held at current Fire Station 51 on September 18, 2017 at 9:00 A.M. at Tukwila Fire Station 51, 444 Andover Park E, Tukwila WA 98188. 7.0 SUBMITTAL DEADLINE CITY OF TUKWILA Page 5 of 11 REQUEST FOR PROPOSALS FIRE STATIONS 51, 52,54 PROJECT 147 One original unbound and (7) comb bound (8'/2 x 11 format) copies of the Proposal in response to this RFP containing the items listed in Sections 8 and 9 below must be received at the City of Tukwila offices no later than 3:00 P.M. on October 9, 2017. Submittals shall not be longer than 15 sheets (30 double sided pages). Submittals sent by mail or courier shall be sent to the address below and must be delivered to the City of Tukwila office by the deadline stated above. Faxed or e-mailed submittals will not be accepted. City of Tukwila Fire Stations 51, 52, 54 6200 Southcenter Blvd Seattle, WA 98101 Attention: Carrie Holmes 206.793.6547 cholmes@axispnd.com If there are questions about submittal requirements please contact the individual noted above either by e- mail or phone. Questions submitted after the questions due date and time will not be answered. Any addenda issued for this RFQ will be published at the following website address: www.TukwilaWA.gov/GCCMDocuments. Contractors are responsible for checking the website prior to submission of Proposals for any addenda. If you are unable to download the addenda, you may contact the individual noted above. 8.0 PROPOSAL FORMAT Every Proposer must reply to each of the evaluation criteria set forth below in a clear and concise manner. Failure to reply to each criterion will result in proposal rejection. Responses must be in the same order as listed, clearly separated and labeled by response. Brevity is preferred. Pay attention to specific requests for information. The submittals shall be organized in a manner that will enable the GC/CM selection committee to quickly access pertinent information. In consideration of the reviewer's time, every effort should be made to avoid duplicating the information presented in the Proposal. Submittals shall not be longer than 15 sheets (30 double single sided pages). 9.0 PROPOSAL EVALUATION CRITERIA: (70 points) All Proposals received will be scored by a selection committee consisting of representatives from the City and Fire staff, the Architectural consultant, and other project individuals assigned to the committee. Each evaluation criterion has been assigned points based on its relative value to the contract as a whole. The Proposal criteria and their associated points are as follows: 9.1 Letter of Interest: (1 point) The Letter of Interest should not be more than two (2) pages long and may contain any information not shown elsewhere in the submittals. Clearly indicate the project name. 9.2 Qualifications of the Firm: (10 points) Provide a brief description of the history and capabilities of the firm. Describe types of projects or services the firm normally performs and dollar value of each. If the firm is a joint -venture, describe the component parts and indicate where the partners have had experience working together. 9.3 Ability of the Firm's professional personnel: (9 points) Describe the proposed Project Team, including team members, the organization, and the responsibilities of each team member. Provide an organization chart showing the staffing proposal for the key individuals assigned to the Project Team. Prepare a separate listing for the preconstruction and construction phases. At a minimum, the corporate executive dedicated to the Project, the project manager, the CITY OF TUKWILA Page 6 of 11 REQUEST FOR PROPOSALS FIRE STATIONS 51, 52, 54 PROJECT i superintendent, the estimator, the scheduler, and the safety officer shall be identified. List the title of the position, the name and qualifications of the individuals to be assigned. For each individual identified in the proposal, include a resume with the history of employment, education, work experience, length of time with the firm, and any other information the selection committee might find useful in evaluating the qualifications and abilities of the individuals nominated, including but not limited to, experience in management of comparable projects, critical path method schedule preparation and analysis, and pricing and negotiation of change orders. Note: If selected, P,*oposer acknowledges that it will provide for the duration of the Project, the full complement of staff, including the specific persons identified in its Proposal. 9.4 Past performance of the Proposer in Projects with Multiple Locations and Complex Phasing: (5 points) What experience has the Proposer had in completing GC/CM and Total Contract Cost (TCC) projects? Provide a list of similar projects the firm has in the last seven years completed. For each project provide a description of the project, the duration of construction, the final cost, a description of the Preconstruction Services performed, a reference with telephone number who is familiar with your firm's performance in completing the project, and note if any of the individuals named in your Project Team participated as members of the project team for the listed project. If your firm has not completed five GC/CM projects in Washington, then list projects you believe were successfully completed using a similar GC/CM or (TCC) format. 9.5 Ability of the Firm to meet time and budget requirements: (5 points) Describe how your firm would monitor and ensure the Fire Stations program scope is maximized and the construction budget and project schedule are met at every phase of the Design and Construction Documents development and during construction. What estimating and scheduling systems and management techniques does your firm employ to achieve success in the aforementioned items? Provide the following additional information for each of the five projects listed in your firm's response to paragraph 9.4 above: 1) Owner's original estimate; 2) original Total Contract Cost; 3) final contract cost; 4) original contract substantial completion date; and 5) actual date of substantial completion. 9.6 Firm's proximity to the Project location: (2 points) Demonstrate your firm's experience in successfully completing construction projects in the Seattle/King County greater metropolitan area and your success in working with local subcontractors and suppliers, permitting officials and design professionals. Indicate your firm's proximity to the Project location, familiarity with the local labor and subcontracting market, and capability of working with subcontractors to generate viable pricing alternatives. 9.7 Recent, current and projected workload of the Firm and of Individual Team Members: (5 points) What has been your firm's annual volume (in dollars) of construction for the past five years? What is the anticipated volume for the current year and what is your plan for the next two years? How would your firm's participation in this project affect that plan? Provide the firm's bonding capacity and address the ability of the firm to bond this project. List the name, contact person, and telephone number of your bonding agent, and include a statement from your bonding agent pertaining to the commitment to bond this project. We are requesting that the team members proposed by the firm be involved from start to finish. It is essential to project success that there be team member continuity. Demonstrate your commitment to this and show team member availability through the project and phases. 9.8 Firm's approach to executing the Project: (10 points) Discuss the firm's approach to construction and completing the project. Discuss the major challenges to successful completion and how the firm proposes to approach them. Describe any expectations of the City team, including but not limited to, the extent of on-site architectural and/or engineering representatives during major construction or installation phases. This project is CITY OF TUKWILA Page 7 of 11 REQUEST FOR PROPOSALS FIRE STATIONS 51, 52,54 PROJECT MKO subject to the provisions of RCW 39.10.210 through 39.10.410, effective July 1, 2007. Specifically address your firm's approach to RCW 39.10.370 (2), and (3). How would your firm approach the use of pre-MACC subcontractor bidding in establishing the negotiated MACC as authorized by RCW 39.10.370 (2)? Prior to establishment of the MACC, the City may consider authorizing the GC/CM to proceed with phased bidding, award of subcontract construction packages, and construction in accordance with RCW 39.10.370 (3), and as noted in Section 3.2. What risks and opportunities do these approaches present to the City and GC/CM? How would your firm propose that these risks be addressed in the MACC negotiations and in the contract? Describe your firm's experience with working on projects seeking to maximize sustainable construction practices. Indicate initiatives the firm has employed to achieve sustainable features and/or construction processes beyond those defined in the Contract Documents. Include your experience and philosophy of utilizing EC/CM and MC/CM on these projects, noting anticipated pros and cons. 9.9 Accident Prevention Program: (3 points) Provide a one page summary of your team's accident prevention program and submit your team's EMR and OSHA Lost time Accident Rate for the past five years. 9.10 Preconstruction Services: (10 points) Describe your firm's philosophy and approach to Preconstruction Services. Specifically address the following Preconstruction responsibilities: (1) Cost tracking, cost -estimating and reconciliation with second parties; (2) Providing Design and MACC Negotiated Support Services budgeting; (3) Providing Design and Construction Document coordination comments and verifying their implementation; (4) Determining and assessing constructability issues including providing assistance in identifying safe work practices and requirements for construction; (5) Proposing Value Engineering and assessing alternative construction options, products and engineering systems for cost savings and life cycle cost design considerations; (6) Investigation of existing conditions to ensure the construction documents will reflect the actual site conditions; (7) Scheduling, making recommendations for change and advising long lead procurement packages to ensure the project schedule; (8) Recommending phasing and sequencing of work to minimize impacts to FS operations; (9) Assessing and recommending Site logistics requirements; (10) Subcontract Plan preparation and procurement planning. (11) Provide two or more examples of projects that demonstrate the range of Preconstruction Services your firm has provided on previous GC/CM projects, or private sector projects with a TCC. 9.11 Quality Control: (3 points) Provide a one page summary of your firm's approach to quality control during construction including coordination of subcontract work and building systems commissioning. In this summary include a description of the quality control organization your firm plans to employ and the levels and authority of the individuals' assigned quality control. Describe your firm's experience utilizing Building Information Modeling (BIM) and how it might be applied to this project. Provide examples in which BIM was used by your firm, how it's use added value to projects and how it ultimately benefits the City. What role would you propose be taken by CITY OF TUKWILA Page 8 of 11 REQUEST FOR PROPOSALS FIRE STATIONS 51, 52, 54 PROJECT 150 the A/E team in BIM? What issues might be expected in the application of BIM and how might they be addressed? Compare the cost of BIM to other coordination techniques including Coordinated Shop Drawings. 9.12 Self -Perform Work (2 points) Indicate the scope of work the firm proposes to self perform and its ability to perform it. Estimate the total scope of work that the firm proposes to self -perform on the project and state as a percentage of the total project. Identify the work and state whether this is work the firm typically performs on construction projects, and the firm's qualifications to self -perform the work. 9.13 Past Performance on Workforce Diversity (5 points) The City of Tukwila is considering piloting a program similar to the City of Seattle's CWA/PLA agreement for this project. Provide a summary of your firm's performance in the state of Washington over the last five (5) years on projects of similar size and scope (whether delivered via the GC/CM delivery approach, or not) in utilization of SBE/DBE/WBE firms and hiring from economically distressed areas within the region where the project occurred. For each project, include the following: • Name of the project • Date of substantial completion • Name of the owner and contact person with email and phone • Final contract value • Owner's utilization goals for the project (if any) and the overall percentage of the final contract value paid to SBE/DBE/WBE • Contractor outreach plan • Apprenticeship goals and utilization rates (if any) • Hiring goals and utilization rate of workers from economically distressed areas local to the project 10.0 INTERVIEW: (45 points) After scoring Proposals the selection committee will select a short-list of the firms to interview. Prior to the interview references will be checked by the selection committee. Should your firm be invited to Interview, questions will be directed solely to the proposed Project Team. At a minimum the corporate executive dedicated to the project, the project manager, the superintendent, estimator, and other key individuals responsible for Preconstruction Services shall be in attendance. In addition to presenting its qualifications, experience, and approach to the project, the Project Team will be expected to respond to questions from the selection committee regarding the Proposal as well as any questions that have been posed in the notification letter to your firm. 11.0 FINAL PROPOSALS: (15 points) The firms that the selection committee believes to be the most qualified based upon their Proposal and Interview scores will be requested to submit a Final Proposal for Percent Fee and Specified General Conditions Work. Final Proposals will be evaluated as follows: Low Conforming Proposal - 15 points Proposals within 5% of Low Proposal* - 14 points Proposals within 10% of Low Proposal* - 12 points Proposals within 15% of Low Proposal* - 9 points Proposals within 20% of Low Proposal* - 5 points Others - 0 points CITY OF TUKWILA Page 9 of 11 REQUEST FOR PROPOSALS FIRE STATIONS 51, 52,54 PROJECT 151 * Computed as follows: Proposal being evaluated - Low Conforming Proposal Low Conforming Proposal Firms asked to submit Final Proposals shall submit two bid numbers on a Final Proposal Form to be provided. The first number shall be for the Percent Fee, the second shall be for the Specified General Conditions Work. The terms Percent Fee and Specified General Conditions Work will be specifically defined in the Request for Final Proposals (RFFP) to be provided to those firms selected to submit Final Proposals. 11.1 State your Percent Fee as a percentage and multiply it by the estimated "MACC" (Maximum Allowable Construction Cost) indicated in the RFFP document to determine a single lump sum number for the dollar amount of the Percent Fee. The dollar amount of the Percent Fee will be added to the fixed dollar amount for the detailed Specified General Conditions Work to determine a single number for the proposal sum. 11.2 In completing the Final Proposal Form, the Proposer must enter a number for both the Percent Fee and the detailed Specified General Conditions Work. No other entries, modifications, or qualifications shall be made to the Final Proposal Form. Failure to comply in full with these requirements shall be grounds for a Final Proposal being declared non-responsive. The City reserves the right to reject any or all Final Proposals, and to waive informalities or non -material irregularities in the Final Proposals received. 11.3 The name, address, and Contractor's registration number shall be typed or printed on the Final Proposal Form in the space provided. 11.4 Final Proposals must be (1) submitted on the forms furnished by PDA or on copies of those forms, and (2) manually signed in ink. The person signing the Final Proposal Form must initial each page. 11.5 Proposers shall submit bid amounts in the format provided in the Final Proposal Form. Only the amounts and information asked for in the Final Proposal Form furnished will be considered as the bid. All blank spaces must be filled in. Failure to complete the blank spaces will result in proposal rejection. 11.6 Clearly identify the project name on the outside of the bid envelope. 12.0 FINAL SELECTION The firm with the highest total score (Total Possible: 130 points) resulting from the selection committee's scoring of the Proposal, the Interview, and the results of the Final Proposal will be selected to provide Preconstruction Services and for MACC negotiations. In the event of a tie in total score the firm with the lowest conforming Final Proposal (bid) will be selected. 13.0 Contract Document Attachment IV is a DRAFT Pre -Construction Contract. The City anticipates using a modified A201 with project specific attachments. Also anticipated is a modified AIA agreement for BIM protocol. Attachments: I Project Description II Project Justification III Weinstein A+U Documents IV Pre -Construction Contract DRAFT V Public Advertisement for GC/CM VI Preliminary Project Schedule CITY OF TUKWILA Page 10 of 11 REQUEST FOR PROPOSALS FIRE STATIONS 51, 52, 54 PROJECT 152 VII Payment and Performance Bond CITY OF TUKWILA Page 11 of 11 REQUEST FOR PROPOSALS FIRE STATIONS 51, 52, 54 PROJECT 153 154 " TM =AIADocument A1 33 -2009 Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price Weinstein A+U LLC, Limited Liability Company dba: Weinstein A+U Architects + Urban Designers LLC 2200 Western Avenue Suite 301 Seattle WA 98121 The Owner's Designated Representative: (Name, address and other information) Justine Kim Shiels, Obletz, Johnsen, Inc. 800 Fifth Ave., Suite 4130 Seattle WA 98014 The Construction Manager's Designated Representative: (Name, address and other information) Kiel Lunsford AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA(°' 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. I This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (119624708 )G ADDITIONS AND DELETIONS: AGREEMENT made as of the day of in the year The author of this document has (In words, indicate day, month and year.) added information needed for its completion. The author may also have revised the text of the original BETWEEN the Owner: AIA standard form. An Additions and (Name, legal status and address) Deletions Report that notes added information as well as revisions to City of Tukwila the standard form text is available 6200 Southcenter Boulevard from the author and should be Tukwila WA 98188 reviewed. A vertical line in the left margin of this document indicates and the General Contractor/Construction Manager, which for the purpose of this where the author has added Agreement is identified as the Construction Manager: necessary information and where (Name, legal status and address) the author has added to or deleted from the original AIA text. Lydig Construction This document has important legal 3180 139the Ave SE consequences. Consultation with an Suite 110 attorney is encouraged with respect Bellevue WA 98005 to its completion or modification. for the following Project: AIA Document A201 TM -2007, (Name and address or location) General Conditions of the Contract for Construction, is adopted in this Tukwila Fire Stations 51, 52 and 54 document by reference. Do not use Tukwila WA with other general conditions unless this document is modified. The Architect: (Name, legal status and address) Weinstein A+U LLC, Limited Liability Company dba: Weinstein A+U Architects + Urban Designers LLC 2200 Western Avenue Suite 301 Seattle WA 98121 The Owner's Designated Representative: (Name, address and other information) Justine Kim Shiels, Obletz, Johnsen, Inc. 800 Fifth Ave., Suite 4130 Seattle WA 98014 The Construction Manager's Designated Representative: (Name, address and other information) Kiel Lunsford AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA(°' 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. I This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (119624708 )G Lydig Construction 3180 139the Ave SE Suite 110 Bellevue WA 98005 a (206) 510-3605 (mobile) The Architect's Designated Representative: (Name, address and other information) Ed Weinstein Weinstein A+U Architects + Urban Designers LLC 2200 Western Avenue Suite 301 Seattle, Washington 98121 Telephone Number: (206) 443-8606 Fax Number: (206) 443-1218 The Owner and Construction Manager agree as follows. AIA Document A133 TM — 2009 (formerly A121 TMCMC — 2003). Copyright @ 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AM(" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this A A(R) 2 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the iaw. This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1196247088) 156 TABLE OF ARTICLES GENERAL PROVISIONS 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES 3 OWNER'S RESPONSIBILITIES 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 6 COST OF THE WORK FOR CONSTRUCTION PHASE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES 8 INSURANCE AND BONDS 9 DISPUTE RESOLUTION 10 TERMINATION OR SUSPENSION 11 MISCELLANEOUS PROVISIONS 12 SCOPE OF THE AGREEMENT EXHIBIT A GUARANTEED MAXIMUM PRICE AMENDMENT EXHIBIT B CONSTRUCTION MANAGER'S HOURLY RATES ARTICLE 1 GENERAL PROVISIONS § 1.1 The Contract Documents The Contract Documents consist of this Agreement, the September 1, 2017, Request for Proposals for General Contractor/Construction Manager for the City of Tukwila Fire Stations 51, 52, 54 Project, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to the execution of this Agreement, other documents listed or described in this Agreement or the General Condition A201- 2007 Section 1.1.1, and Modifications issued after execution of this Agreement, all of which form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. Upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal establishing the "Total Contract Cost" ("TCC"), which means the Preconstruction Work Allowance + Maximum Allowable Construction Cost ("MACC") + Fixed Fee + Fixed Amount for Specified General Conditions work + applicable Washington State sales tax, the Contract Documents will also include the Guaranteed Maximum Price Amendment. The Contract Documents form the Contract, which represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. If anything in the other Contract Documents, other than a Modification, is inconsistent with this Agreement, this Agreement shall govern. § 1.2 Relationship of the Parties § 1.2.1 The Construction Manager accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect through every phase of the Work and exercise the Construction Manager's best skill, efforts, and judgment in furthering the interests of the Owner; to furnish efficient construction administration, management services and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in the best way and most expeditious and economical manner consistent with the Owner's interests. The Owner agrees to furnish or approve, in a timely manner, information required by the Construction Manager and to make payments to the Construction Manager in accordance with the requirements of the Contract Documents. The Construction Manager further recognizes that in order for the Project to be completed on time and within the TCC, the Construction Manager, the Architect and the Owner will have to closely cooperate on a regular basis to revise plans, drawings, specifications, materials, methods, estimates and budgets as necessary to meet the Owner's financial constraints. AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAI°' 3 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1196247088)7 § 1.2.2 This Agreement does not make the Construction Manager the agent or legal representative of the Owner for any purpose whatsoever, and the relationship of the Construction Manager to the Owner by reason of this Agreement shall be that of an independent contractor. The Construction Manager is not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in the name of the Owner or to bind the Owner in any manner or thing whatsoever. § 1.2.3 Both parties hereto, in the performance of the Contract, will be acting in their individual capacities and not as agents, employees, partners, joint ventures or associates of one another. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purpose whatsoever. The Construction Manager's staff shall work under the direction and control of the Construction Manager. The Construction Manager shall ensure that all Construction Manager's staff are properly trained and fully equipped to perforin their assigned tasks. The Construction Manager shall provide any necessary reasonable accommodations to enable Construction Manager's staff to perform assigned tasks. § 1.2.4 The parties agree that no person supplied by Construction Manager in the performance of obligations under this Agreement is an employee of the Owner, and that no rights in the Owner's civil service, retirement system, other employee benefits, or personnel rules shall accrue to such persons. Construction Manager shall have total responsibility for all salaries, wages, bonuses, retirements, withholdings, worker's compensation, other employee benefits and all taxes and insurance premiums pertinent thereto concerning such persons used by them in the performance of this Contract; and Construction Manager shall indemnify, defend, save and hold the Owner harmless with respect thereto. § 1.2.5 The Construction Manager shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance and integrity. Construction Manager's staff must be cooperative and work in harmony with each other, Owner employees, other Owner contractors, and Owner customers at all times. While on the Owner's work premises, Construction Manager's staff must comply with all City ordinances related to behavior and conduct required by invitees and Owner employees. Any Construction Manager's staff found in violation of any ordinance or regulation may be asked to immediately leave Owner premises. The Construction Manager must be prepared to provide an immediate replacement. § 1.3 General Conditions For the Preconstruction Phase, the general terms of the AIA Document A20 I Tm--2007, General Conditions of the Contract for Construction as modified by Owner ("A201-2007"), and those terms that are identified in this Agreement or the A201-2007 as applicable to the Preconstruction Phase or Services shall apply. For the Construction Phase, the general conditions of the contract shall be as set forth in A201-2007, which document is incorporated herein by reference. The term "Contractor" as used in A201-2007 shall mean the Construction Manager. ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES The Construction Manager's Preconstruction Phase responsibilities are set forth in Sections 2.1 and 2.2. The Construction Manager's Construction Phase responsibilities are set forth in Section 2.3. Other sections of this Agreement apply to the phase identified therein; if no phase is identified, the Section applies to both the Preconstruction and Construction Phases. The Owner and Construction Manager may agree, in consultation with the Architect, for the Construction Phase to commence prior to completion of the Preconstruction Phase, in which case, both phases will proceed concurrently. The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 2.1 Preconstruction Phase § 2.1.1 The Construction Manager shall provide preconstruction services, including but not limited to: assisting the Architect and its sub -consultants with planning and design; life cycle cost -engineering; scheduling; cost -estimating; determining constructability; assessing alternative construction options for cost savings including assistance to the Owner with development tasks necessary to support the construction effort; and identifying and organizing Subcontractor bid packages (collectively and inclusive of all services described in in Section 2.1.3, "Preconstruction Services"). Preconstruction Services shall be provided throughout the preconstruction period and shall be closely coordinated with the Architect's and Owner's representatives. The Construction Manager shall work collaboratively and proactively with the Owner and Architect to proceed with the planning, design, and development of the work in AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA(" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA(°' 4 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 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1196247088) 158 a manner which supports the Owner's efforts to maintain the MACC. Both the Construction Manager and the Architect shall be given direction by the Owner or the Owner's designated Representative. The relationship between the Construction Manager and the Architect is intended to be collaborative and proactive, both participating on the same team with the Owner. Construction Manager's Preconstruction Services will commence at the end of Schematic Design Phase and are anticipated to be complete by October 2018 for Fire Station 51. Preconstruction Services for Fire Station 52 and 54 are anticipated to commence September 2018 and be complete in August 2019. § 2.1.2 Consultation The Construction Manager shall actively participate as a member of the Project team with the Owner and the Architect during the design phases prior to construction. The purpose of this consulting responsibility is to provide the expertise necessary to ensure that the MACC and the Project schedule are met. The Construction Manager will work collaboratively with the Architect, but will provide input through the Owner's Designated Representative unless otherwise authorized by the Owner. During this Preconstruction Phase, the Construction Manager's Project Manager or higher-level person will attend all design meetings and provide or oversee the services of the Construction Manager to ensure development of a high quality, functional, constructible, and cost-effective Project. § 2.1.3 Preconstruction Services .1 General The Construction Manager shall review all Drawings and Specifications and Contract Documents developed with respect to the Project, and advise and make recommendations to the Owner's Designated Representative and Architect regarding such matters as construction feasibility, possible economies, time requirements for procurement and construction, means and methods, estimates and projected costs as necessary to meet the Owner's financial and schedule constraints. By reviewing, advising, or making such recommendations, the Construction Manager will not be deemed to have assumed the Architect's or consultants' design obligations with respect to the Contract Documents developed by them. The Preconstruction Services also include value engineering, cost estimating, scheduling, identification and organization of subcontract packages, procurement strategies, and analysis of labor and material conditions. .2 Preconstruction Administration and Planning The Construction Manager shall: A. Have a Project Manager or higher-level person attend at least weekly coordination meetings to discuss design, permitting, schedule, construction planning, and other Project coordination issues. B. Prepare a detailed milestone schedule for the Project from the onset of Design Development through the completion of construction, commissioning and Substantial Completion. The schedule shall identify work to be performed by the Architect, the Construction Manager, and the Owner. In developing the activities for this schedule, the Construction Manager shall consult with both the Owner and Architect to ensure that the responsibility for and duration of these activities is accurate. The schedule shall be submitted for Owner for approval at the 100% Schematic Design stage. C. Develop cost accounting and job management reporting systems to be used during construction. D. Assist in the development of the Project labor agreement, if one is utilized, coordinate all labor issues, and work with building trade unions for their constructive involvement in the Project. E. Perform other preconstruction administration and planning services as required by the Owner's Designated Representative. .3 Design Review AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA(°' 5 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1196247088)n The Construction Manager shall: A. Conduct timely design review of the Project at each scheduled design review phase: Schematic Design, Design Development, and 50% and 100% Construction Documents. Design review shall include budget, constructability, value engineering, completeness, and coordination. The Construction Manager shall provide written design review comments to Owner's Designated Representative and Architect within four (4) weeks from receipt of the design documents for each phase. B. Review the drawings and specifications for the final design development submittal for viable value engineering ("VE") recommendations. The Construction Manager shall create a value engineering tracking system which identifies each VE proposal, provides a cost estimate of the savings and/or explanation of added value to the Project if the proposal is accepted, indicates the date by which a decision must be made to incorporate the VE proposal, indicates the current status of the VE proposal and the team member with current action, and the date the proposal was accepted or rejected. C. Review and comment on all studies including preliminary and final EIS, basis of design report, etc. The Construction Manager shall cooperate in other design reviews as required by the Owner's Designated Representative. D. Propose a breakdown of bid package and work buy out. .4 Work for Construction Documents The Construction Manager shall provide the following services during the Construction Document phase: A. Determine subcontract bid packages and material procurement packages and identify those that could be advertised prior to the completion of construction documents. If the Owner's Designated Representative concurs that the Project will benefit and if funds are available, the Owner's Designated Representative may, at its option, elect to authorize the Construction Manager to advertise and award subcontracts or material procurements for long lead-time items in advance of completion of Construction Documents. The Construction Manager shall prepare procurement documents for long lead-time materials as necessary. B. Revise the Project schedule as required to reflect changes that have occurred during design or to reflect a change or more refined schedule for procurement of materials, subcontract buyout or construction. The Construction Manager shall provide weekly updates at the coordination meetings. C. Prepare and process the application(s) for all necessary permits except the master use and building. The Construction Manager shall monitor and expedite the permitting process as necessary to ensure that all construction permits are received in a timely fashion. D. Monitor the development of the Construction Documents. The Construction Manager shall provide value engineering and constructability reviews of elements of design when requested by the Architect and approved by the Owner. E. Prepare construction cost estimates within four weeks of receipt of documents from the Architect for the entire Project based on both the mid- and final Construction Documents submittals. If the estimate exceeds the MACC, the Construction Manager shall take whatever actions are necessary in conjunction with the Architect and Owner to reduce the cost of the Project to within the MACC. F. Complete an interdisciplinary plan check of both the mid- and final Construction Documents submittals. The Construction Manager shall provide comments to the Owner's Representative and Architect. The Construction Manager shall verify that the comments are incorporated into the Contract Documents. G. Review the record drawings and investigate the existing conditions at the Project site to ensure that the Construction Documents reflect the existing conditions. AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA(°' 6 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 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1196247088) 160 .5 Schedule The Construction Manager shall: A. Develop and keep current a master critical path schedule for the Project that includes design and construction activities as well as applicable regulatory agency, outside entity, Project team, and Owner activities and constraints. The schedule shall identify all long -lead procurement items. In developing the activities for this schedule, the Construction Manager shall consult with both the Owner's Designated Representative and Architect to ensure that the responsibility for and duration of these activities is accurate. B. Monitor and update the schedule monthly and discuss the need for corrective action with the Owner's Designated Representative and the Architect in weekly coordination meetings. C. Develop a bid packaging/phasing strategy and schedule. D. Develop a procurement strategy and schedule for direct purchase of materials, furnishings, fixtures, and equipment by the Owner's Designated Representative. The Construction Manager shall adjust the Construction Schedule accordingly. E. With the Owner's Designated Representative, establish a schedule for establishment of the MACC and TCC. .6 Budget The Construction Manager shall: A. Provide a detailed cost estimate for the Project at those points in the design review phases described in Subsection 2.1.3.3.A. The Construction Manager shall identify the margin of accuracy of estimates and identify appropriate contingencies. The Construction Manager's estimate shall employ a Uniformat system and also Bid Package format so it can be compared to other estimates. Formats will be coordinated with those used by the Architect. The Construction Manager shall monitor and update the budget each month and discuss the need for corrective action with the Owner's Designated Representative and Architect at progress meetings. B. Provide value engineering alternatives and cost reduction suggestions to the Architect and Owner's Designated Representative, such that the implementation of the proposed measures would maintain the design within budget without compromising the Owner's basic needs. C. Evaluate the availability and supply of labor and materials and the effect of market conditions on the budget, including the possibility of foreign -purchased materials. D. Prepare budget for long lead items. § 2.1.4 Allowance for Preconstruction Services and Compensation for Preconstruction Services § 2.1.4.1 The Owner has established an allowance for Preconstruction Services of Three Hundred Seventy Two Thousand Dollars ($372,000) (the "Preconstruction Services Allowance"). § 2.1.4.2 Within seven (7) days of being notified it will be recommended for selection to the City Council, the Construction Manager shall submit a plan for the Preconstruction Services work ("Preconstruction Work Plan" or "Plan"). The Preconstruction Work Plan shall include a schedule of the activities included in the scope of work for Preconstruction Services and will identify the individuals the Construction Manager intends to use to accomplish the tasks assigned. If the Plan is not satisfactory to the Owner, the Owner will advise the Construction Manager of the shortcomings in the Plan and require the Construction Manager to resubmit the Plan. The Preconstruction Work Plan shall also include the anticipated number of hours needed to complete each activity, the name(s) of the AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA(" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA(°' 7 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1196247088) 161 individuals that will be used to complete each task and an hourly rate for each individual. The hourly rates multiplied by the number of hours needed to complete all tasks shall not exceed the Preconstruction Services Allowance, unless adjusted pursuant to mutual agreement of the Owner and Construction Manager, and once approved by the Owner shall constitute the "Preconstruction Services NTE Limit." The Construction Manager will not be entitled to any compensation for Preconstruction Services until the Owner approves Construction Manager's Preconstruction Work Plan. § 2.1.4.4 The Construction Manager will be paid an amount not to exceed the Preconstruction Services NTE Limit for Preconstruction Services. In the event the Construction Manager incurs costs and expenses in excess of the Preconstruction Services NTE Limit, the Construction Manager shall bear such costs and expenses and shall have no claim against the Owner on account thereof. § 2.1.4.5 If, in the performance of the Preconstruction Services, the Construction Manager performs any services normally associated with the Construction Phase of the Project, the cost of such services shall be included in the MACC or shall be paid as an additional service based on the Construction Manager's billing rate for such services, as shown in Exhibit B hereto, and expenses, without markup, if the work of the Construction Manager for the Project does not proceed beyond the Preconstruction Phase. § 2.1.5 Phased Construction The Construction Manager shall provide recommendations with regard to accelerated or fast-track scheduling, procurement, or phased construction. The Construction Manager shall take into consideration cost reductions, cost information, constructability, provisions for temporary facilities and procurement and construction scheduling issues. (Paragraphs deleted) § 2.1.6 Notices and Compliance with Laws The Construction Manager shall comply with applicable laws, statutes, ordinances, charters, codes, rules and regulations, and lawful orders of public authorities applicable to its performance under this Contract, and with equal employment opportunity programs, and other programs as may be required by governmental and quasi - governmental authorities for inclusion in the Contract Documents. (Paragraphs deleted) § 2.2 Guaranteed Maximum Price Proposal and Establishment of Total Contract Cost (TCC) § 2.2.1 The Total Contract Cost will be determined through a negotiation of the MACC conducted when Construction Documents are 90% complete. The MACC negotiations are separate from Preconstruction Services, and the Construction Manager shall not be reimbursed for the work related to MACC negotiations. § 2.2.2 Guaranteed Maximum Price Proposal. At a time to be mutually agreed upon by the Owner and the Construction Manager, the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner's review and acceptance. The Guaranteed Maximum Price proposal shall state the Preconstruction Services NTE Limit, the TCC, and shall separately state the TCC components: the negotiated MACC (including separately listing the Negotiated Support Services, Subcontractor Bonds, and MACC Contingency); the Fixed Fee; the Fixed Amount for Specified General Conditions work; and applicable Washington State sales tax. § 2.2.3 (Paragraphs deleted) Total Contract Cost (TCC) and Guaranteed Maximum Price Amendment § 2.2.3.1 The TCC shall be determined through a negotiation of the MACC between the Construction Manager and the Owner, and established by the Guaranteed Maximum Price Amendment. The Construction Manager shall not be reimbursed for any efforts related to MACC negotiations. The "Contract Sum," as used in the Contract Documents, shall refer to shall refer to the TCC. § 2.2.3.2 By executing the Guaranteed Maximum Price Amendment, the Construction Manager represents and acknowledges that the TCC is reasonable compensation for all of the Work, that the Contract Time set forth in the Construction Schedule is adequate for the performance of the Work, and that Construction Manager has carefully examined the Contract Documents and the Project site, including any existing structures, and that it has satisfied itself as to the nature, location, character, quality and quantity of the Work, the labor, materials, equipment, goods, AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA(°' 8 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. t This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1196247088) 162 supplies, work, services and other items to be furnished and all other requirements of the Contract Documents, as well as the surface conditions and other matters that may be encountered at the Project site or may affect performance of the Work or the cost or difficulty thereof, including but not limited to those conditions and matters affecting: transportation, access, disposal, handling and storage of materials, equipment and other items; availability and quality of labor, water, electric power and utilities; availability and condition of roads; normal climatic conditions and seasons; physical conditions at the Project site and the surrounding locality; topography; and equipment and facilities needed preliminary to and at all times during the performance of the Work, and furthermore acknowledges that no variation in the aforesaid site conditions from those observed, assumed, reasonably inferable or contemplated by the Construction Manager shall form the basis for any claim of changed condition by the Construction Manager. By executing the Guaranteed Maximum Price Amendment, the Construction Manager further acknowledges it shall be responsible for coordinating the activities of its Subcontractors of any tier during the Construction Phase, shall be responsible for discharging all of the Construction Manager's obligations under the Contract Documents and, during all phases, shall advise and work with the Owner, Architect and consultants and Subcontractors to make recommendations for alternate or substitute technologies, construction techniques, methods, materials, and practices based on cost savings, time saving and/or other related efficiencies and quality enhancements. The Construction Manager further represents that it is fully qualified and properly licensed, equipped, organized, financed and staffed to perform the Work and services under the Contract and such additional Work and services as the Owner may request (provided, however, that nothing in the Contract shall be deemed to require, authorize or permit the Construction Manager to perform any act which would constitute the practice of architecture, professional engineering, certified public accounting or law), and shall provide, in a timely, efficient and professional manner the Work and services in accordance with the Project and Construction Schedules. § 2.2.4 Maximum Allowable Construction Cost (MACC) § 2.2.4.1 All fortes of Construction Manager compensation including Subcontractor bonds, MACC contingency and Negotiated Support Services are contained within the MACC. The MACC is the amount mutually agreed to between the Owner and Construction Manager that is required to complete all Work as described in the Contract Documents, except Work Services, and Owner -directed changes. The Owner shall maintain a contingency for Owner -directed changes. § 2.2.4.2 The Construction Manager shall be responsible for all costs related to Subcontractor claims or charges that result from mistakes or omissions in the subcontract buyout, coordination errors and omissions in the Construction Documents that the Construction Manager reasonably should have detected, or interference between Subcontractors and the Construction Manager or between Subcontractors and other Subcontractors. If contingency funds are available within the MACC, Construction Manager may use said funds to offset the costs outlined in this section. If contingency funds are not available within the MACC, Construction Manager will be responsible for the overages. § 2.2.4.3 As part of the MACC negotiations, the Construction Manager shall provide the Owner a complete cost estimate in a format agreed to by the Owner and Architect and a Subcontract Plan satisfactory to the Owner outlining the subcontract packages and procurement schedule for each package the Construction Manager intends to prepare to execute the Project. The Subcontract Plan shall include a statement regarding the Work the Construction Manager intends to self -perform (if any) and an affidavit stipulating that the Construction Manager customarily performs such work. § 2.2.4.4 Supplemental Contract Documents. The Construction Manager recognizes that the Contract Documents may not be fully completed or developed at the time of the execution of the Guaranteed Maximum Price Amendment. The Construction Manager agrees to cooperate with the Owner and the Architect in order to satisfy the Owner's requirements for the Project and to incorporate all the Work described under other Contract Documents hereafter completed or developed. The Construction Manager and the Owner recognize that construction may commence on the basis of scope or incomplete Contract Documents; and in such event, additional Contract Documents will be prepared and issued, from time to time, for purposes of construction which will detail more completely all requirements of the Work. The Construction Manager and Owner have agreed to the Maximum Allowable Construction Cost set forth in the Guaranteed Maximum Price Amendment. The Construction Manager represents to the Owner that the Contract Documents are sufficiently complete to enable the Construction Manager to establish the Total Contract Cost of the Work, and the issuance of subsequent Contract Documents will not affect the TCC of AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA(°' 9 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1196247088) 163 the Work, unless a change in the scope of the Work is required. A change in the scope of the Work is not warranted if the portion of the Work was reasonably inferable from or contemplated by, or a prudent contractor should have realized that same was necessary or appropriate under the Contract Documents in existence at the time the TCC of the Work was approved by the Owner. During performance of the Work, the Construction Manager agrees to use its best efforts, exercising its best and prudent judgment, to accomplish the Work in conformance with, and as required or described by, or referred to in, the Contract Documents then available and developed. § 2.2.5 Construction Manager's Fee and Specified General Conditions § 2.2.5.1 Construction Manager's Fee. The Construction Manager's "Fixed Fee" shall be stated as a percentage in Construction Manager's final bid proposal and Article 5. Other than Washington State Sales Tax, Construction Manager's "Fixed Fee" shall cover all B&O taxes owed by the Construction Manager. The "Fixed Fee" shall include all profit (and loss) of the Construction Manager as well as home or regional general overhead office expenses of the Construction Manager during construction phase and all general home office staff time assigned to this Project. § 2.2.5.2 Specified General Conditions Work. The dollar amount for the "Specified General Conditions Work" shall be that amount stated in the Construction Manager's final Bid Proposal and in Article 5. The "Specified General Conditions Work" shall consist of salaried project staffing as defined in GC/CM Bid Requirements, Part 3 - "Specified General Conditions Work, Subpart 3.1 - Project Staffing." At a minimum, Construction Manager's salaried project staffing shall include the following positions: Project Manager Project Superintendent Project Engineer Other than Washington State Sales Tax, Construction Manager's "Specified General Conditions Work" dollar amount shall cover all salaried payroll taxes owed by Construction Manager. § 2.2.6 Negotiated Support Services (Paragraphs deleted) § 2.2.6.1 Negotiated Support Services shall be on an actual cost or a lump sum basis. The costs are budgeted and identified in Article 5 and included in the MACC. If the total expended on Negotiated Support Services exceeds the total budgeted amount, the Construction Manager may use contingency funds available within the MACC to pay the excess. If contingency funds are not available and total Negotiated Support Services expenditures exceed the total budgeted amount, the Construction Manager will be responsible for the overages; provided, however, if Owner determines that Construction Manager did not cause the overages, Owner may in its sole discretion increase the budgeted amount for Negotiated Support Services or Construction Manager's contingency to cover the overages. § 2.2.6.2 Negotiated Support Services shall be all expenses of the Construction Manager related to project support, whether direct or through consultants, including, but not limited to: labor and materials; Test Engineer; participation in and the support of the Subcontractor bidding process of the Project; reproduction of documents (e.g., plans, blueprints, shop drawings, submittals, correspondence, etc.); bid document reproduction; two-way radios whether owned by and rented from Construction Manager or rented from a third party; rental of equipment whether owned by and rented by Construction Manager or rented from a third party; gas, oil and maintenance; small tools whether owned by and rented from Construction Manager or from a third parry; use taxes; craft payroll taxes; computer charges; project construction administration software (e.g., scheduling software, set-up of project computer network, project computer and system maintenance, etc.); survey and layout; temporary utilities (e.g., power, water, natural gas, etc.); temporary sanitation (e.g., temporary latrines, drop boxes, janitorial services, etc.); temporary heating; temporary weather protection; temporary drinking water; temporary structures (e.g., craft dry shacks, set-up of craft dry shacks, miscellaneous temporary structure/safety structures, etc.); temporary parking for salaried project staffing; temporary fire protection (e.g., construction related fire extinguishers and fire stand -pipe system, etc.); project safety (e.g., drug and alcohol tests, safety equipment and awards, temporary railings, ladders and barricades, progress cleanup, traffic control and flagging, site and street cleaning, dust control, etc.); first aid; barricades and temporary fences around the site; temporary signage; field office equipment; supplies and furniture (e.g., facsimile, computers, printers, copy machines, desks, filing cabinets, other incidental office expenses, etc.); telephone and postage (e.g., telephone hookup, cellular telephones, local and long distance charges, postage, express mailing, computer line charges, initial set-up of computer line, etc.); travel; Subcontractor insurance and bond premiums; and AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA(" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA(°' 10 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 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1196247088) 164 other incidental expenses attributable to the Work on this Project, excluding Work that is included in the "Specified General Conditions Work," or is included in the MACC. § 2.2.7 Performance and Payment Bond. One month prior to the Notice to Proceed for Construction, the Construction Manager shall deliver to the Owner performance and payment bonds for the full TCC, on a form provided by the Owner and as described in A201-2007. The costs of such bonds are included in the costs for Specified General Conditions, and therefore will be borne by Construction Manager out of that sum. § 2.2.8 Construction Manager Reduction Incentive. All savings from expenditures for the Work totaling less than the MACC, shall accrue to the Owner, except that the Construction Manager shall bill for and receive an incentive payment of a sum equal to 50% of all savings under the MACC, up to a maximum incentive payment of $200,000.00 on the final request for payment of the project. § 2.3 Construction Phase § 2.3.1 General § 2.3.1.1 For purposes of Section 8.1.2 of A201-2007, the date of commencement of the Work shall mean the date of commencement of the Construction Phase. § 2.3.1.2 The Construction Phase shall commence upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal or the Owner's issuance of a Notice to Proceed, whichever occurs earlier. § 2.3.1.3 The Construction Manager shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. The Construction Manager shall provide construction management services, including but not limited to: assistance in planning and design; life cycle cost engineering; scheduling; cost estimating; determining constructability; assessing alternative construction options for cost savings including assistance to the Owner with development tasks necessary to support the construction effort; and preparation of Subcontractor bid packages. Construction management services shall be provided throughout the Project, from the Preconstruction Phase through the Construction Phase, and shall be closely coordinated with the Architect and Owner's Designated Representative. The Construction Manager shall provide full general contracting services for construction of the Project in accordance with the requirements of this Contract and RCW 39.10.340 through .410. Throughout the term of this Contract, Construction Manager shall work collaboratively and proactively with the Owner and Architect to proceed with the planning, design, and development of the Work in a manner which supports the Owner's efforts to maintain the MACC. § 2.3.1.4 Owner/Construction Manager/Architect. The Owner shall give direction to both the Construction Manager and the Architect. The relationship between the Construction Manager and the Architect is intended to be collaborative and proactive, both participating on the same team with the Owner. § 2.3.1.5 Work During Construction. During construction the Construction Manager shall provide all services required of a general contractor and construction manager. Specific details of the Work during construction are provided below, but they shall in no way limit the Construction Manager's overall duty to provide construction and construction management services. § 2.3.1.6 Construction Manager Overall Responsibilities. The Construction Manager will be responsible for construction of the Project within the dollar limits of the TCC. The Construction Manager shall coordinate with the Owner's Project Representative. Representatives from the Architect will be on site as necessary to provide design support, working through the Owner. Weekly construction coordination meetings will be held, which will be attended by Owner's Project Representative, the Construction Manager, and the Architect as further defined in the A201-2007. The scope of services to be provided will include construction, construction management, procurement, fit out, Quality Assurance/Quality Control (QA/QC) coordination, test engineer, coordination of as -built drawings, site safety, etc. § 2.3.1.7 Prevailing Wages § 2.3.1.7.1 In accordance with Chapter 39.12 RCW, Construction Manager and its Subcontractors shall pay employees for each trade or occupation performing work on this Public Works Project not less than the minimum, current Prevailing Wage Rate and shall comply in all respects with Chapter 39.12 RCW or other requirements as defined by: AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA(" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA(°' 11 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 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1196247088) 165 Prevailing Wage Section, ESAC Department of Labor and Industries P.O. Box 44540 Olympia, Washington 98504-4540 Tel. (360) 902-5335 § 2.3.1.7.2 Prevailing Wage Rate is defined as the hourly wage, fringe benefits, and overtime in accordance with provisions of the Washington Public Works Act (most current rules and regulations). The applicable Prevailing Wage Rates as of the Effective Date are the rates in effect for King County as of October 20, 2017. For any renewal term, the applicable prevailing wage shall be based upon the rates in effect on the first day of the renewal term. a) Construction Manager and Subcontractors must pay a wage -and -fringe benefits package to workers that is equal to or exceeds the prevailing wage & prevailing fringe benefit amounts added together. b) Construction Manager and Subcontractors must observe overtime, holiday, and Code provisions that are part of the Prevailing Wage Rate. c) The most current Schedule of Washington State Prevailing Wage Rates for King County is located at https://fo>r°tress.wa.gov/lni/wagelookup/p>r°vWagelookup.aspx, and is incorporated by reference in this Agreement, except as amended or superseded by new current Prevailing Wage Rates, Codes, Laws, or other Governing Authorities. A copy is available at the Owner's office upon advance request, and Owner will send a copy to Construction Manager upon request. d) It is the sole responsibility of the Construction Manager to assign the appropriate classification to persons performing Work under this Agreement, to ascertain the applicable Prevailing Wage Rate for each classification, and to not pay a worker less than the minimum hourly wage rates and fringe benefits for said worker's classification. e) In the event any dispute arises as to what are the prevailing rates of wages for a specific trade, craft or occupation, and such dispute cannot be adjusted by the parties in interest, including labor and management representatives, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries, and the Director's decision shall be final, conclusive, and binding on all parties involved in the dispute. § 2.3.1.7.3 A "Statement of Intent to Pay Prevailing Wages," as approved by a Department of Labor and Industries "industrial statistician," is required to be submitted from Construction Manager and all Subcontractors with its first Application for Payment and as a condition precedent to any payment. Payment will not be released until the required Statement of Intent to Pay Prevailing Wages is received by Owner. § 2.3.1.7.4 Construction Manager shall post a Prevailing Wages Statement as required by RCW 39.12.020. § 2.3.1.7.5 Upon completion of the Work, and as a condition precedent to payment, Construction Manager and all the Subcontractors must submit to Owner Affidavits from the Construction Manager approved by the Industrial Statistician of the Washington State Department of Labor and Industries stating that the Construction Manager and all Subcontractors and material suppliers for the project have been paid in full ("Affidavit of Wages Paid"). Construction Manager must submit an Affidavit of Wages Paid for any Subcontractor that ceases to provide Work during the term of this Agreement. § 2.3.1.7.6 The Department of Labor and Industries requires a fee, to be paid at the time of submittal, for both the Statement of Intent to Pay Prevailing Wages forms and the Affidavit of Wages Paid forms. All fees required by the Department of Labor and Industries shall be paid by the Construction Manager. § 2.3.1.8 Apprentice Utilization. The Construction Manager shall comply with the Owner's Apprentice Utilization goals and reporting requirements, as stated in City of Tukwila Resolution #1814, which is available upon request. AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'°' 12 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 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1196247088) 166 § 2.3.2 Construction Administration and Management. The Construction Manager shall: § 2.3.2.1 Manage construction of the Project, serve as general contractor and will carry out the construction of the Project through subcontracts or by Work performed by Construction Manager. Further, the Construction Manager agrees to provide the key personnel who were named in the Construction Manager's proposal for the Project and are stated in the Guaranteed Maximum Price Amendment. The key personnel named in the Guaranteed Maximum Price Amendment shall remain assigned for the duration of the Project unless otherwise agreed to in writing by Owner. In the event that Construction Manager proposes to substitute any of the key personnel designated in the Guaranteed Maximum Price Amendment, the individuals) proposed must demonstrate similar qualifications and experience as required to successfully perform such duties. Owner shall have the sole right to determine whether key personnel proposed as substitutes are qualified to work on the Project. Owner shall not unreasonably withhold approval of staff changes. § 2.3.2.2 Coordinate all on-site activities. The Construction Manager shall provide ongoing coordination between crafts, provide quality control, settle disputes between Subcontractors, negotiate any modification proposals with the Subcontractors (Owner expects the Construction Manager to negotiate with Subcontractors but reserves the right to reject any Subcontractor proposal), negotiate modification proposals with the Owner, revise and forward submittals and requests for information (RFIs) to Owner for action, and respond to all correspondence related to the effort required for any procurement activities that arise from a Subcontractor's inability or unwillingness to perform. § 2.3.2.3 Conduct weekly progress meeting(s) and weekly Subcontractor meeting(s) and maintain minutes for them. The Construction Manager shall attend construction oversight meetings with Owner's Designated Representative and Architect as required. The Construction Manager shall conduct site tours for the Owner and other officials as requested by Owner. § 2.3.2.4 Coordinate general building layout, including layout work provided by separate trades for their own work, to insure that no conflict exists with the work of other trades. § 2.3.2.5 Develop site safety plan and manage job site safety. § 2.3.2.6 Provide sufficient staff, including but not limited to project managers; field engineers; superintendents; engineers; construction quality control representatives; testing engineers; scheduling engineers; cost engineers; and clerical and accounting personnel to ensure that: A Modification proposals are submitted to the Owner within fourteen (14) calendar days of the receipt by the Construction Manager of the Subcontractor's proposal. Only changes negotiated between Construction Manager and Subcontractor and approved by Owner are acceptable. B. RFIs are reviewed and forwarded to Owner within three (3) working days of receipt, unless a shorter period of review is required to avoid delay. C. Submittals are reviewed for completeness and forwarded to Owner's Designated Representative within seven (7) calendar days of receipt. D. Replies to correspondence from Subcontractors, Owner, and other outside agencies are provided within seven (7) calendar days. E. For a minimum of ninety (90) calendar days after Physical Completion, provide adequate qualified staff that is authorized to act on behalf of their firm to be present to coordinate and insure that any outstanding Work items, punch -lists, testing and commissioning are completed, at no additional cost to the Owner. § 2.3.2.7 Administer all construction correspondence and maintain a document tracking and filing system for the Project. § 2.3.2.8 Participate in community meetings, meetings with regulatory agencies, City Council and committee meetings as requested by Owner's Designated Representative. AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'°' 13 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 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1196247088) 167 § 2.3.2.9 Construction Manager will only charge for personnel labor where such personnel are working full time and are located at the site. § 2.3.3 Bidding and Subcontract Plan § 2.3.3.1 The Construction Manager is responsible for issuing bid packages consistent with the Contract Documents and RCW 39.10.380, .385 and.390, as may be applicable. The Construction Manager is responsible for ensuring that the low qualifying bid for each package being within the amount budgeted within the MACC. The Construction Manager may, in its discretion, use MACC contingency to cover any bid package that exceed the amount budgeted within the MACC, up to the total of the remaining MACC contingency. If there is no remaining MACC contingency, the Construction Manager shall cover the cost of the excess. § 2.3.3.2 The Construction Manager shall conduct public solicitation of bids and public bid openings, evaluate bids, and conduct or coordinate appropriate hearing of any bid protests in compliance with the Contract Documents and applicable law. Owner's Designated Representative will maintain an oversight role during the bid process. § 2.3.3.3 Prior to subcontract bidding, the Construction Manager shall secure the Owner's approval of its Subcontract Plan. § 2.3.3.4 Before soliciting bids, the Construction Manager shall submit and the Owner shall approve, final bid package estimates for all subcontract bid packages in its approved Subcontract Plan. The Construction Manager shall at the same time, inform the Owner of its intention to bid to "self -perform" all or any part of any bid package, provided Construction Manager shall also meet the requirements of RCW 39.10.380 through .410 as may be applicable. The sum of all the final bid package estimates in the Subcontract Plan shall not exceed the MACC. § 2.3.3.5 The Construction Manager shall bid out the subcontracts in accordance with its approved Subcontract Plan. During subcontract buyout, the Construction Manager may request a change in its Subcontract Plan and the Owner will not unreasonably withhold approval provided the sum of all of the final bid package estimates in the Subcontract Plan as revised does not exceed the negotiated MACC. § 2.3.3.6 If the low responsive bid for a particular bid package is greater than the final bid package estimate, then the provisions of RCW 39.10.380 shall apply. If the lowest responsive bid does not exceed the final bid package estimate by $125,000.00 for bid packages up to $10 million, and 2% for bid packages with bid package estimates greater than $10 million, then the Construction Manager may negotiate an adjustment to that bid based upon Owner approved changes to the subcontract scope that bring the bid within the amount the Owner and the Construction Manager agree to be the available funds. § 2.3.3.7 If the Construction Manager chooses not to negotiate under the provisions of Section 2.3.3.6 above, or if the low conforming bid exceeds the final bid package estimate by more than the amount permitting negotiations, the Construction Manager shall award the bid package to the low responsive responsible bidder as provided in RCW 39.10.380. The Construction Manager may request and the Owner, in its sole discretion, may agree to changes in the bid package. The Construction Manager may then re -bid, but all time delays and costs associated with the re -bid shall be the responsibility of the Construction Manager. If contingency funds are available within the MACC, Construction Manager may use said funds to offset these costs. If contingency funds are not available within the MACC, Construction Manager will be responsible for the overages. § 2.3.3.8 If any Subcontractor to whom a Bid Package has been awarded is unable to perform, the Construction Manager shall have the option to re -bid or negotiate for the performance of the work or perform the work itself. Except as provided in this Section, the Construction Manager shall bear all risk and/or cost overruns occasioned by a Subcontractor's inability to perform. If contingency funds are available within the MACC, Construction Manager may use said funds to offset the costs outlined in this subsection. If contingency funds are not available within the MACC, Construction Manager will be responsible for the overages. § 2.3.3.8 Further requirements for Subcontracting and Bidding are located in Section 2.6. § 2.3.5 Construction Manager Cost Accounting. Starting with the award of the first bid package, the Construction Manager shall provide a monthly report to the Owner for review of expenditures, tracking of Subcontractors, and AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'°' 14 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 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1196247088) 168 contract changes. The report shall include, at a minimum § 2.3.5.1 Final Bid Package Estimate. Once agreement has been reached on the Final Bid Package Estimate, the values in this column do not change. At an appropriate time during the Project, with approval of Owner, this column need not be printed in each monthly report. This column must, however, be maintained and be available upon the Owner's request. § 2.3.5.2 Final Bid Package Estimate Adjustments. To be used to record adjustments in the Final Bid Package Estimate. § 2.3.5.3 Available Funds (Revised Budget). The sum of the "Final Bid Package Estimate" and "Adjustments". § 2.3.5.4 Budget Adjustment. This column shall indicate any change to any budget line item that occurred since the last report. § 2.3.5.5 Subcontract. This column shall reflect the amounts encumbered less change orders. § 2.3.5.6 Change Order. (Two columns). One column shall reflect the value of Change Orders paid from the MACC contingency and one column shall reflect the value of change orders paid from the Owner's contingency. § 2.3.5.7 Revised Subcontract Amount. This column shall reflect the total of "Subcontracts" and "Change Orders." § 2.3.5.8 Variance. This column shall reflect the budget less the subcontract, less change orders. § 2.3.5.9 Expended to Date. This column shall reflect the amount paid to the Construction Manager from the Owner. § 2.3.5.10 Expended Prior Period. This column shall reflect the amount recorded in the month report immediately preceding the current report as "EXPENDED TO DATE." § 2.3.5.11 Expended this Period. This column shall reflect the amount expended to date less the amount reported in all previous periods. § 2.3.5.12 Percent of Budget. This column shall reflect the amount of the negotiated budget that has been expended and is the amount "Expended to Date" divided by the sum of "Available Funds" and "Change Orders" expressed as a percentage. § 2.3.5.13 Anticipated Cost to Complete. This column shall reflect the amount the Construction Manager believes shall be required to finish the Work. § 2.3.5.14 Balance. This column shall reflect the difference between the sum of the amount "Expended to Date" and the "Anticipated Cost to Complete" and the budget as adjusted. § 2.3.5.15 The Owner and the Construction Manager at monthly construction oversight meetings will review the monthly report. Budget adjustments will be reviewed and mutually agreed to at that time. § 2.3.6 Cost Reporting. In general and as further described in General Conditions and Division 0 —18 inclusive, the Construction Manager shall: § 2.3.6.1 Prepare a detailed construction budget for the Project based on the MACC cost documentation. The Construction Manager shall update the budget each month showing a complete, detailed, and current accounting for the cost of the Work buyout versus the MACC estimates for each line item. § 2.3.6.2 Prepare a schedule of values for each subcontract. § 2.3.6.3 Prepare monthly cost reports. For each subcontract, the Construction Manager shall state costs expended, budget remaining, and change order status. The Construction Manager shall provide a cost forecast for each subcontract and the project as a whole. AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'°' 15 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 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1196247088) 169 § 2.3.6.4 Prepare monthly progress report narrative. § 2.3.6.5 Prepare monthly earned value report. § 2.3.6.6 Establish pay request procedures. The Construction Manager shall prepare monthly pay requests. § 2.3.6.7 Prepare independent cost estimates for Subcontractor change orders. The Construction Manager shall document and track all change order payments. § 2.3.6.8 Resolve Subcontractor claim issues. § 2.3.6.9 At conclusion of Project, prepare final accounting of Project and prepare final payment and buyout. § 2.3.7 Schedule. The Construction Manager shall: § 2.3.7.1 Develop and keep current a master critical path schedule ("CPM") for the project as required by A201-2007 and that includes design and construction activities as well as applicable regulatory agency, outside entity, project team, and CPM activities and constraints. The CPM shall identify all long -lead procurement items. In developing the activities for the CPM, the Construction Manager shall consult with both Owner's Designated Representative and Architect to ensure that the responsibility for and duration of these activities is accurate. The Construction Manager shall submit the CPM to Owner or such other person as the Owner shall designate for approval. § 2.3.7.2 Monitor construction progress and formally update the CPM every month. The Construction Manager shall discuss the need for corrective action regarding the CPM with Owner's Designated Representative in the weekly coordination meetings. § 2.3.7.3 The Construction Manager shall also prepare a three-week look -ahead schedule each week, which will be presented to Owner's Designated Representative not later than the weekly coordination meeting. Once a month, the Construction Manager shall also prepare a monthly summary schedule and six-week look -ahead with the monthly progress. § 2.3.8 Quality Control/Quality Assurance. § 2.3.8.1 The Construction Manager shall be responsible to ensure that the Owner's inspectors are given notice and are afforded timely and appropriate access to the Work to make their inspections. Special inspection required by the appropriate building officials and regulatory agencies will be provided by the Owner's Designated Representative. § 2.3.8.2 The Construction Manager shall develop and submit a QA/QC plan for the Project to complement the Owner's independent testing and inspection. The QA/QC plan shall be approved by Owner's Designated Representative. QA/QC shall be conducted as further described in the Contract Documents. § 2.3.8.3 The Construction Manager shall review the Owner's testing and inspection reports and, where required, take appropriate remedial actions. § 2.3.8.4 The Construction Manager shall, in cooperation with the Owner's Designated Representative and Architect, develop an appropriate system for reporting and correcting deficiencies. § 2.3.9 Procurement. The Construction Manager shall: § 2.3.9.1 Prepare and maintain a detailed procurement schedule for all direct Owner -purchased materials, furnishings, fixtures, and equipment. § 2.3.9.2 Coordinate delivery and installation of Owner -purchased items. § 2.3.10 Commissioning, Test, Close Out. AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'°' 16 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 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1196247088) 170 § 2.3.10.1 Substantial Completion, for purposes of Section 9.8 of the General Conditions and this Contract, shall include those commissioning activities necessary to obtain a certificate of occupancy. § 2.3.10.2 The Construction Manager shall assist the Owner in obtaining a certificate of occupancy and the required permits necessary for the Owner to take a beneficial occupancy of the facility constructed in this project. § 2.3.10.3 The Construction Manager shall prepare and/or coordinate the preparation of all operations and maintenance manuals. § 2.3.10.4 The Construction Manager shall assemble and coordinate all vendor manuals, warranties, guarantees, affidavits, releases, bonds waivers, certificates of occupancy, etc. § 2.3.10.5 The Construction Manager shall administer and coordinate the preparation of all Subcontractor and/or vendor shop drawings, if any. § 2.3.10.6 Working in conjunction with Architect's field staff, the Owner's Designated Representative, and the Construction Manager shall develop a protocol for preparing as -built drawings in accordance with the Contract Documents. § 2.3.10.7 The Construction Manager shall prepare closeout documentation acceptable to the City of Tukwila. § 2.3.11 Time of Completion, Liquidated Damages. § 2.3.11.1 The Construction Manager shall achieve Substantial Completion, Physical Completion, and Final Completion of the Work of this Project on or before the date stated in the Guaranteed Maximum Price Amendment for each phase of the Project. The terms "Substantial Completion," "Physical Completion," and "Final Completion" are as defined in A201-2007 Section 9.8 and 9.10 and stated in the Guaranteed Maximum Price Amendment. § 2.3.11.2 Any delay in the scheduled date for Physical Completion and Final Completion of the Project will make it difficult and unwieldy for the Owner to administer warranty and service to equipment placed in use at Substantial Completion, and will interfere with the ability of the Owner to close its project office and reassign Owner staff, thus causing the Owner to incur unwarranted expense. The parties recognize that the cost to Owner of any such delay is difficult to determine, and therefore, the parties have negotiated and agreed that in the event that Construction Manager does not achieve Physical Completion or Final Completion of any phase the Project by the dates specified in the Guaranteed Maximum Price Amendment, the Owner shall have the right to elect among the following remedies: 1) continue to allow the Construction Manager to work toward Physical Completion and Final Completion, provided that for each day of delay, Construction Manager shall pay to the Owner as liquidated damages, the sum of $2,000 per day until Owner determines that the relevant completion has occurred; and 2) terminate this Agreement and bring action, including without limitation for breach of contract seeking actual damages. The liquidated damages sum shall apply separately to each phase so that if, for example, two phases are delayed, the liquidated damages would be $4,000 per day for each day both phases are delayed. The parties agree that the liquidated damages amount is a reasonable estimate of actual damages and not a penalty. § 2.4 Professional Services Section 3.12. 10 of A201-2007 shall apply to both the Preconstruction and Construction Phases. In addition, Construction Manager shall furnish professional and competent construction administration and management services, including provision of sufficient quantities of fully qualified, competent and experienced personnel capable of performing the services set forth in this Agreement. The parties shall endeavor to promote harmony and cooperation among the Owner, Architect, Construction Manager and other persons or entities employed by the parties for the Project to the fullest extent possible in order to further the interests of the Owner and to effect prompt completion of the Project in accordance with the requirements of the Contract, including but not limited to, the Contract Time and the Total Contract Cost. § 2.5 Hazardous Materials Section 10.3 of A201-2007 shall apply to both the Preconstruction and Construction Phases. AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'°' 17 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 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (11962478 )� § 2.6 Subcontracting § 2.6.1 Other than the Specified General Conditions and Negotiated Support Services, all Work on the Project shall be competitively bid with public bid openings and as otherwise provided by RCW 39.10.380 through .410. In the event of conflict with the Contract and Chapter 39.10 RCW, the statute will govern. Subcontract Work shall not be issued for bid until the Owner has approved a Subcontract Plan prepared by the Construction Manager. The Construction Manager shall organize and solicit bids for the subcontract Work to accomplish the Work in the most efficient and cost effective manner possible. The Construction Manager may not use any alternates without approval of the Owner. Without limiting the Owner's right to approve a Subcontract Plan, one of the primary interests of the Owner in approving the Subcontract Plan is to satisfy itself that, in the event that the Construction Manager desires to self -bid on any bid package(s), that such bid package(s) does not give the Construction Manager an unfair advantage. § 2.6.2 As part of the Specified General Conditions Work, the Construction Manager shall be responsible for all costs associated with the subcontracting process including, but not necessarily limited to: Developing solicitations for Subcontract packages. Site tours. Responding to questions from bidders. Providing bid opening facility. Bidding in accordance with public works requirements. Contract award. § 2.6.3 Solicitations of Subcontractors by the Construction Manager shall be made in accordance with the following procedures: § 2.6.3.1 All Subcontractor bids will be required to be written, signed, and submitted in a sealed envelope at a specific time and to a specific location, where the bids will be publicly opened and read aloud. § 2.6.3.2 All Subcontractor bids shall include the following language: BIDS HELD OPEN FOR MINIMUM NINETY (90) DAYS AND TERMINATION OF PROPOSED BID AWARD FOR NON -APPROPRIATION OF FUNDS — The low responsive responsible bidder for every bid package shall hold its bid open for formal acceptance a minimum of ninety (90) days from the date of announcement of each proposed bid award and, at Owner's sole discretion, shall hold its bid open an additional fifteen (15) days. If, (1) Owner is not appropriated sufficient funds for the goods or services required for a bid package in order to proceed with this proposed contract award in its entirety, or (2), contract award is dependent on funding from other sources and that funding is withdrawn, reduced, or limited in any way before the award of this contract and Owner, in its sole reasonable judgment, does not have other available funds to award this contract, Owner, in its sole discretion, may terminate the proposed contract award by 10 days written notice to Construction Manager. If the award is terminated, no low responsive responsible bidder shall be entitled to any monetary, legal, or equitable relief. § 2.6.3.3 Solicitations for bids will be advertised in advance in the Seattle Daily Journal of Commerce, Public Notice Section, and Seattle Times, Public Notice Section. § 2.6.3.4 Bidders may obtain the bid results by telephone from the Construction Manager. Any such calls to the Owner will be referred to the Construction Manager. § 2.6.3.5 When critical to the successful completion of a Subcontractor bid package, the Construction Manager may evaluate for bidding eligibility a Subcontractor's ability, time, budget, and specification requirements based on the Subcontractor's performance of those items on previous projects. Subcontract bid packages shall be awarded to the responsible bidder submitting the low responsive bid. The requirements of RCW 39.30.380 through .410 apply to each subcontract bid package. The Construction Manager shall be responsible for ensuring all of these requirements are complied with. The Construction Manager will describe responsiveness requirements and bidding procedures in each bid solicitation and will review the requirements and procedures with the Owner prior to issuing each bid solicitation. AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'°' 18 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 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1196247088) 172 § 2.6.4 The Construction Manager shall comply with applicable Subcontractor bidding procedures, including without limitation RCW 39.10.380 and, if approved by Owner, RCW 39.10.385. § 2.6.5 The Construction Manager may only bid on a subcontract package with the permission of the Owner and if the requirements of RCW 39.10.390 are met. § 2.7 Nondiscrimination and Disadvantaged Business Enterprises § 2.7.1 Notwithstanding any other provisions herein, this Contract does not require any specific utilization levels of minorities or women in the Construction Manager's workforce, except as may be specified in any federal regulations or statutes included or referenced in the Contract. The Owner encourages the Construction Manager to employ a workforce reflective of the region's diversity. The Construction Manager shall adhere to all non-discrimination requirements set forth in Federal and State laws and regulations and in local applicable provisions. § 2.7.2 During the performance of the Work, the Construction Manager will not discriminate against any employee or applicant for employment because of race, religion, creed, color, sex, marital status, sexual orientation, gender identity, political ideology, ancestry, national origin, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification. § 2.7.3 Disadvantaged Business Enterprise Requirements General. Currently, minority and woman businesses and workers are under -represented on City of Tukwila construction projects. The Construction Manager acknowledges that the Owner has specific goals to promote and ensure equality for employees and women and minority owned businesses in the construction of the Project. Construction Manager must perform affirmative, good faith, and meaningful efforts for outreach and subcontract participation of Disadvantaged Business Enterprises, as that term is defined in RCW 39.10.210 ("DBEs"). No minimum level of DBE Subcontractor participation shall be required as a condition of receiving award; provided, however, that any affirmative action requirements set forth in any federal regulations or statutes included or referenced in the Contract will continue to apply. 2. Non -Discrimination. The Construction Manager shall not create barriers to open and fair opportunities for DBEs to participate in all contracts and to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services. In considering offers from and doing business with Subcontractors and suppliers, the Construction Manager shall not discriminate on the basis of race, religion, creed, color, sex, marital status, sexual orientation, gender identity, political ideology, ancestry, national origin, or the presence of any sensory, mental or physical handicap. 3. Record -Keeping. The Construction Manager shall maintain, for at least twelve (12) months after completion of this Contract, relevant records and information necessary to document the Construction Manager's utilization of DBEs and other businesses as Subcontractors and suppliers under this Agreement and in its overall public and private business activities. The Owner shall have the right to inspect and copy such records. If this Contract involves federal funds, the Construction Manager shall comply with all record- keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the Contract. 4. Sanctions for Violation. Any violation of the mandatory requirements of the provisions of this Section shall be a material breach of contract for which the Construction Manager may be subject to damages and sanctions provided for by the Agreement and by applicable law. ARTICLE 3 OWNER'S RESPONSIBILITIES § 3.1 Information Required of the Owner The Owner shall provide information with reasonable promptness, regarding requirements for and limitations on the Project. (Paragraphs deleted) AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'°' 19 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. t This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (11962478 )3 § 3.2 Owner's Designated Representative The Owner shall identify a representative authorized to act on behalf of the Owner with respect to the Project. The Owner's Designated Representative shall render decisions promptly and furnish information expeditiously, so as to avoid unreasonable delay in the services or Work of the Construction Manager. Except as otherwise provided in Section 4.2.1 of A201-2007, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's Designated Representative. § 3.2.1 Legal Requirements. 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. § 3.3 Architect The Owner shall retain an Architect to provide services, duties, and responsibilities as described in AIA Document B I33Tm--2014, Standard Forth of Agreement Between Owner and Architect, Construction Manager as Constructor Edition. The Owner shall provide the Construction Manager a copy of the executed agreement between the Owner and the Architect, and any further modifications to the agreement. ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES § 4.1 Compensation § 4.1.1 For the Construction Manager's Preconstruction Phase services, the Owner shall compensate the Construction Manager as follows: § 4.1.2 For the Construction Manager's Preconstruction Phase services described in Sections 2.1 and 2.2: (Insert amount of, or basis for, compensation and include a list of reimbursable cost items, as applicable.) Payments based on the number of hours expended multiplied by the rates stated in Exhibit B, up to and not to exceed the Preconstruction Services NTE Limit, as further described in Section 2.1.4. § 4.1.3 If the Preconstruction Phase services covered by this Agreement have not been completed by the end of the months stated in Section 2.1.1, through no fault of the Construction Manager, the Construction Manager's compensation for Preconstruction Phase services shall be equitably adjusted. § 4.1.4 Compensation based on the rates stated in Exhibit B includes the direct salaries of the Construction Manager's personnel providing Preconstruction Phase services on the Project and the Construction Manager's costs for the mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. § 4.2 Payments § 4.2.1 Construction Manager, on a monthly basis, may invoice the Owner for Preconstruction Services performed in the prior month. Labor charges shall be based on the rates set forth in Exhibit B. Such rates shall be compensation for any and all expenses and costs of the Construction Manager other than reimbursables. Reimbursables must be accompanied by appropriate receipts or other evidence of expenditure. Reimbursables are for items such as long distance travel, research, copying and documentation, etc. With regard to travel, the Preconstruction Services NTE Limit includes local travel and parking costs, but does not include the costs of long distance trips made outside the greater Seattle -Tacoma metropolitan area by employees of the Construction Manager in connection with the Work. Provided the Owner approves such travel in writing in advance of the Construction Manager incurring the expense, the Owner shall reimburse the Construction Manager for its actual travel costs, including lodging and meals, except that lodging and meal expenses for long distance trips shall not exceed the current Runzheimer index amounts for the metropolitan areas visited. Travel shall be at the lowest cost reasonably available. § 4.2.2 Payments are due and payable (Paragraphs deleted) thirty (30) days after presentation of the Construction Manager's invoice, subject to Owner's right to withhold payment under the Contract Documents. AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA(" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'°' 20 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. t This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1196247088) 174 ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES § 5.1 For the Construction Manager's performance of the Work as described in Section 2.3, the Owner shall pay the Construction Manager the Specified General Conditions, the Negotiated Support Services, and the Cost of the Work for the Construction Phase plus the Construction Manager's Fee. § 5.1.1 The Construction Manager's Fee: (Stated as a percentage of Cost of the Work) § 5.1.2 The Specified General Conditions: § 5.1.3 The Negotiated Support Services: (Table deleted) (Paragraphs deleted) § 5.2 Maximum Allowable Construction Cost § 5.2.1 The Construction Manager guarantees that the Cost of the Work for the Construction Phase and Negotiated Support Services shall not collectively exceed the Maximum Allowable Construction Cost set forth in the Guaranteed Maximum Price Amendment, as it is amended from time to time. To the extent the Cost of the Work and Negotiated Support Services collectively exceed the Maximum Allowable Construction Cost, the Construction Manager shall bear such costs in excess of the Maximum Allowable Construction Cost without reimbursement or additional compensation from the Owner. (Insert specific provisions if the Construction Manager is to participate in any savings) § 5.2.2 The Maximum Allowable Construction Cost is subject to additions and deductions by Change Order as provided in the Contract Documents and the Date of Substantial Completion shall be subject to adjustment as provided in the Contract Documents. § 5.3 Changes in the Work § 5.3.1 The Owner may, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions. The Owner shall issue such changes in writing. The Architect may make minor changes in the Work as provided in Section 7.4 of AIA Document A201-2007, General Conditions of the Contract for Construction. The Construction Manager shall be entitled to an equitable adjustment in the Contract Time as a result of changes in the Work. § 5.3.2 Adjustments to the MACC on account of changes in the Work subsequent to the execution of the Guaranteed Maximum Price Amendment may be determined by any of the methods listed in Section 7.3.3 of AIA Document A201-2007, General Conditions of the Contract for Construction, and all of Article 7 shall apply to such adjustments. § 5.3.3 In calculating adjustments to subcontracts (except those awarded with the Owner's prior consent on the basis of cost plus a fee), calculations of "cost" and "fee" as used in Section 7.3.3.3 of AIA Document A201-2007 and "costs" as used in Section 7.3.7 of AIA Document A201-2007 shall be consistent with Section 7.5 of A201-2007. § 5.3.4 In calculating adjustments to the MACC, the terms "cost" and "costs" as used in the above -referenced provisions of AIA Document A201-2007 shall mean the Cost of the Work as defined in Sections 6.1 to 6.7 of this Agreement and the term "fee" shall be consistent with Section 7.5 of A201-2007. AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'°' 21 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. t This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (11962478 )G (Paragraph deleted) ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE § 6.1 Costs to Be Reimbursed § 6.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Construction Manager in the proper performance of the Work. Such costs shall be at rates not higher than the standard paid at the place of the Project except with prior consent of the Owner. The Cost of the Work shall include only the items set forth in Sections 6.1 through 6.7, except to the extent payment for such items would conflict with the Contract Documents. § 6.1.1.1 Notwithstanding Section 6.1.1, the Cost of the Work shall not include any costs or items that are included in the Specified General Conditions or the Negotiated Support Services, even if set forth in Sections 6.1 through 6.7. § 6.1.2 Where any cost is subject to the Owner's prior approval, the Construction Manager shall obtain this approval prior to incurring the cost. The parties shall endeavor to identify any such costs prior to executing Guaranteed Maximum Price Amendment. § 6.2 Labor Costs § 6.2.1 Wages of construction workers directly employed by the Construction Manager to perforin the construction of the Work at the site or, with the Owner's prior approval, at off-site workshops. § 6.2.2 [Intentionally Omitted.] § 6.2.3 [Intentionally Omitted.] § 6.2.4 Costs paid or incurred by the Construction Manager for taxes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Section 6.2.1. § 6.2.5 Bonuses, profit sharing, incentive compensation and any other discretionary payments paid to anyone hired by the Construction Manager or paid to any Subcontractor or vendor, with the Owner's prior approval. § 6.3 Subcontract Costs Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts. § 6.4 Costs of Materials and Equipment Incorporated in the Completed Construction § 6.4.1 Costs, including transportation and storage, of materials and equipment incorporated or to be incorporated in the completed construction. § 6.4.2 Costs of materials described in the preceding Section 6.4.1 in excess of those actually installed to allow for reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner's property at the completion of the Work or, at the Owner's option, shall be sold by the Construction Manager. Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. § 6.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items § 6.5.1 Costs of transportation, storage, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and fully consumed in the performance of the Work. Costs of materials, supplies, temporary facilities, machinery, equipment and tools that are not fully consumed shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site. Costs for items not fully consumed by the Construction Manager shall mean fair market value. § 6.5.2 Rental charges for temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and costs of transportation, installation, minor repairs, dismantling and removal. The total rental cost of any Construction Manager -owned item AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'°' 22 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. t This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1196247088) 176 may not exceed the purchase price of any comparable item. Rates of Construction Manager -owned equipment and quantities of equipment shall be subject to the Owner's prior approval. § 6.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. § 6.5.4 Costs of document reproductions, facsimile transmissions and long-distance telephone calls, postage and parcel delivery charges, telephone service at the site and reasonable petty cash expenses of the site office. § 6.5.5 That portion of the reasonable expenses of the Construction Manager's supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work. § 6.5.6 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Owner's prior approval. § 6.6 Miscellaneous Costs § 6.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. Self-insurance for either full or partial amounts of the coverages required by the Contract Documents, with the Owner's prior approval. § 6.6.2 Sales, use or similar taxes imposed by a governmental authority that are related to the Work and for which the Construction Manager is liable. § 6.6.3 Fees and assessments for the building permit and for other permits, licenses and inspections for which the Construction Manager is required by the Contract Documents to pay. § 6.6.4 Fees of laboratories for tests required by the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded by Section 13.5.3 of AIA Document A201-2007 or by other provisions of the Contract Documents, and which do not fall within the scope of Section 6.7.3. § 6.6.5 Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent rights arising from such requirement of the Contract Documents; and payments made in accordance with legal judgments against the Construction Manager resulting from such suits or claims and payments of settlements made with the Owner's consent. However, such costs of legal defenses, judgments and settlements shall not be included in the calculation of the Construction Manager's Fee or subject to the MACC. If such royalties, fees and costs are excluded by the last sentence of Section 3.17 of AIA Document A201-2007 or other provisions of the Contract Documents, then they shall not be included in the Cost of the Work. § 6.6.6 Costs for electronic equipment and software, directly related to the Work with the Owner's prior approval. § 6.6.7 Deposits lost for causes other than the Construction Manager's negligence or failure to fulfill a specific responsibility in the Contract Documents. § 6.6.8 Legal, mediation and arbitration costs, including attorneys' fees, other than those arising from disputes between the Owner and Construction Manager, reasonably incurred by the Construction Manager after the execution of this Agreement in the performance of the Work and with the Owner's prior approval, which shall not be unreasonably withheld. § 6.6.9 Subject to the Owner's prior approval, expenses incurred in accordance with the Construction Manager's standard written personnel policy for relocation and temporary living allowances of the Construction Manager's personnel required for the Work. § 6.7 Other Costs and Emergencies § 6.7.1 Other costs incurred in the performance of the Work if, and to the extent, approved in advance in writing by the Owner. AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'°' 23 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 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1196247088)7 § 6.7.2 Costs incurred in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property, as provided in Section 10.4 of AIA Document A201-2007. § 6.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Construction Manager, Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by negligence or failure to fulfill a specific responsibility of the Construction Manager and only to the extent that the cost of repair or correction is not recovered by the Construction Manager from insurance, sureties, Subcontractors, suppliers, or others. § 6.7.4 The costs described in Sections 6.1 through 6.7 shall be included in the Cost of the Work, notwithstanding any provision of AIA Document A201-2007 or other Conditions of the Contract which may require the Construction Manager to pay such costs, unless such costs are excluded by the provisions of Section 6.8. § 6.8 Costs Not To Be Reimbursed § 6.8.1 The Cost of the Work shall not include the items listed below: .1 Salaries and other compensation of the Construction Manager's personnel stationed at the Construction Manager's principal office or offices other than the site office, except as specifically provided in Section 6.2, or as may be provided in Article 11; .2 Expenses of the Construction Manager's principal office and offices other than the site office; .3 Overhead and general expenses, except as may be expressly included in Sections 6.1 to 6.7; .4 The Construction Manager's capital expenses, including interest on the Construction Manager's capital employed for the Work; .5 Except as provided in Section 6.7.3 of this Agreement, costs due to the negligence or failure of the Construction Manager, Subcontractors and suppliers or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable to fulfill a specific responsibility of the Contract; .6 Any cost not specifically and expressly described in Sections 6.1 to 6.7; .7 Costs, other than costs included in Change Orders approved by the Owner, that would cause the MACC to be exceeded; and .8 Costs for services incurred during the Preconstruction Phase. § 6.9 Discounts, Rebates and Refunds § 6.9.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (1) before making the payment, the Construction Manager included them in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Construction Manager with which to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be obtained. § 6.9.2 Amounts that accrue to the Owner in accordance with the provisions of Section 6.9.1 shall be credited to the Owner as a deduction from the Cost of the Work. § 6.10 Related Party Transactions § 6. 10.1 For purposes of Section 6. 10, the term "related parry" shall mean a parent, subsidiary, affiliate or other entity having common ownership or management with the Construction Manager; any entity in which any stockholder in, or management employee of, the Construction Manager owns any interest in excess of ten percent in the aggregate; or any person or entity that has the right to control the business or affairs of the Construction Manager. The term "related parry" includes any member of the immediate family of any person identified above. § 6.10.2 If any of the costs to be reimbursed arise from a transaction between the Construction Manager and a related party, the Construction Manager shall notify the Owner of the specific nature of the contemplated transaction, including the identity of the related party and the anticipated cost to be incurred, before any such transaction is consummated or cost incurred. If the Owner, after such notification, authorizes the proposed transaction, then the cost incurred shall be included as a cost to be reimbursed, and the Construction Manager shall procure the Work, equipment, goods or service from the related parry, as a Subcontractor, according to the terms of Sections 2.3.2.1, 2.3.2.2 and 2.3.2.3. If the Owner fails to authorize the transaction, the Construction Manager shall procure the Work, equipment, goods or service from some person or entity other than a related parry according to the terms of Sections 2.3.2.1, 2.3.2.2 and 2.3.2.3. AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'°' 24 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 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1196247088) 178 § 6.11 Accounting Records The Construction Manager shall keep full and detailed records and accounts related to the cost of the Work and exercise such controls as may be necessary for proper financial management under this Contract and to substantiate all costs incurred. The accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's auditors, accountants, Owner's Designated Representative, or other internal staff shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Construction Manager's records and accounts, including complete documentation supporting accounting entries, books, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor's proposals, purchase orders, vouchers, memoranda and other data relating to this Contract. The Construction Manager shall preserve these records for a period of three (3) years after final payment, or for such longer period as may be required by law, and Owner may demand access to the records during this period of time. Construction Manager shall ensure that Owner's rights under this section are a condition of any Subcontract, agreement or other arrangement under which any person or entity is permitted to perform work in connection with or related to the Work. ARTICLE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES § 7.1 Progress Payments § 7.1.1 Based upon Applications for Payment submitted to the Architect by the Construction Manager and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Construction Manager as provided below and elsewhere in the Contract Documents. § 7.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. § 7.1.3 Provided that an Application for Payment is complete, accurate, and contains the required accompanying documentation, the Owner shall make payment of the certified amount to the Construction Manager within thirty (30) days of the Certificate for Payment or such other time as may be required by applicable law. § 7.1.4 With each Application for Payment, the Construction Manager shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Construction Manager on account of the Cost of the Work equal or exceed progress payments already received by the Construction Manager, less that portion of those payments attributable to the Construction Manager's Fee, plus payrolls for the period covered by the present Application for Payment. The Construction Manager shall also submit other documentation required by the Contract Documents including the documentation required by A201-2007 Section 9.3.1.3. § 7.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the Construction Manager in accordance with the Contract Documents. The schedule of values shall allocate the entire Total Contract Cost (TCC) among the various portions of the Work, except that the Construction Manager's Fee shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Construction Manager's Applications for Payment. § 7.1.6 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed, or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Construction Manager on account of that portion of the Work for which the Construction Manager has made or intends to make actual payment prior to the next Application for Payment by (b) the share of the MACC allocated to that portion of the Work in the schedule of values. § 7.1.7 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the MACC properly allocable to completed Work during the period covered by the Application for Payment as determined by multiplying the percentage of completion of each AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA'°' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'°' 25 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 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (11962470% portion of the Work during that period by the share of the MACC allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201- 2007; .2 Add that portion of the MACC properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 Add the Construction Manager's Fee. The Construction Manager's Fee shall be computed upon the Cost of the Work at the rate stated in Section 5.1.1; .4 Subtract retainage of five percent ( 5 %) from the sum of Subsections .1 through .3 above; .5 Subtract the shortfall, if any, indicated by the Construction Manager in the documentation required by Section 7.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and .6 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2007. § 7.1.8 Retainage. As reflected in Section 7.1.7, the Owner shall reserve from each progress payment a retainage not to exceed five percent (5%) of the monies earned by the Construction Manager pursuant to Chapter 60.28 RCW, which shall also govern the rights and obligations of the Owner, the Construction Manager, and others with an interest in the retainage. Construction Manager shall declare option for management of statutory retained percentage of this Agreement by checking applicable box below and affixing signature and date. [ ] Construction Manager hereby elects to have the retained percentage of this Agreement held in a non- interest bearing fund by the Owner until sixty (60) days following the Final Completion Date. [ ] Bond in lieu of retainage. [ ] Construction Manager hereby elects to have Owner invest the retained percentage of the Contract from time to time as such retained percentage accrues and in accordance with RCW 60.28.011, .021, and .051, as amended. Construction Manager hereby designates: Name of Financial Institution Address of Financial Institution City, State, Zip Code of Financial Institution as the repository for the escrow of said funds. Construction Manager hereby further agrees to be fully responsible for payment of all costs or fees incurred as a result of placing said retained percentage in escrow and investing it as authorized by statute and to assume all risks in connection with the investment of the retained percentages in securities. The Owner shall not be liable in any way for any cost or fees in connection therewith. IM Date AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'°' 26 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 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1196247088) 180 § 7.1.9 Except with the Owner's prior approval, the Construction Manager shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 7.1.10 In taking action on the Construction Manager's Applications for Payment, the Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Construction Manager and shall not be deemed to represent that the Architect has made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Section 7.1.4 or other supporting data; that the Architect has made exhaustive or continuous on-site inspections; or that the Architect has made examinations to ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner's auditors acting in the sole interest of the Owner. § 7.2 Final Payment § 7.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Construction Manager when .1 the Construction Manager has fully performed the Contract except for the Construction Manager's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-2007, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Construction Manager has submitted a final accounting for the Cost of the Work and a final Application for Payment; .3 a final Certificate for Payment has been issued by the Architect; .4 the Construction Manager has submitted all required close-out documents, including without limitation warranties, Operation & Maintenance manuals, as -built documents, and such documents have been approved by the Architect; .5 a Consent of Surety for release of retainage; .6 Owner receives required governmental approvals for release retainage: Certificate of Payment of State Excise Taxes by Public Works Contractor from the State Department of Revenue, Certificate of Payment of Contributions Penalties and Interest on Public Works Contract from the Employment Securities Department, and Certificates approved by all other departments and agencies having jurisdiction over the activities of the Construction Manager, as appropriate for the Work performed; .7 Affidavits from the Construction Manager approved by the Industrial Statistician of the Washington State Department of Labor and Industries stating that the Construction Manager and all Subcontractors and material suppliers for the project have been paid in full (Affidavit of Wages Paid); and .8 Owner's governing body has taken formal action to accept the Project. § 7.2.2 The Owner's auditors or designees will review and report in writing on the Construction Manager's final accounting within 30 days after delivery of the final accounting to the Owner and Architect by the Construction Manager. Based upon such Cost of the Work as the Owner determines is 'substantiated by the Construction Manager's final accounting, and provided the other conditions of Section 7.2.1 have been met, the Architect will, within seven days after receipt of the written report, either issue to the Owner a final Certificate for Payment with a copy to the Construction Manager, or notify the Construction Manager and Owner in writing of the Architect's or Owner's reasons for withholding a certificate as provided in Section 9.5.1 of the AIA Document A201-2007. The time periods stated in this Section supersede those stated in Section 9.4.1 of the AIA Document A201-2007. § 7.2.3 If the Owner's auditors report the Cost of the Work as substantiated by the Construction Manager's final accounting to be less than claimed by the Construction Manager, the Construction Manager shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Section 15.2 of A201- 2007. A request for mediation shall be made by the Construction Manager within 30 days after the Construction Manager's receipt of a copy of the Architect's final Certificate for Payment. Failure to request mediation within this 30 -day period shall result in the substantiated amount reported by the Owner's auditors becoming binding on the Construction Manager. Pending a final resolution of the disputed amount, the Owner shall pay the Construction Manager the amount certified in the Architect's final Certificate for Payment. AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'°' 27 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 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1196247088) 181 § 7.2.4 If, subsequent to final payment, the Owner' requests Construction Manager to perforin services that would require the Construction Manager to incur costs described in Section 6. 1.1 and not excluded by Section 6.8, the Construction Manager shall notify the Owner and estimate the cost of such services. Construction Manager shall not be required to perforin any such services unless Owner agrees in writing to pay Construction Manager for such services as a Cost of Work. If the Owner approves the estimate in writing, the Owner shall reimburse the Construction Manager such costs 'on the same basis as if such costs had been incurred prior to final payment, but not in excess of the MACC. If the Construction Manager has participated in savings as provided in Section 5.2.1, the amount of such savings shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Construction Manager. ARTICLE 8 INSURANCE AND BONDS For all phases of the Project, the Construction Manager and the Owner shall purchase and maintain insurance, and the Construction Manager shall provide bonds as set forth in Article 11.4 of AIA Document A201-2007. (Table deleted) ARTICLE 9 DISPUTE RESOLUTION § 9.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions set forth in this Article 9 and Article 15 of A201-2007. However, for Claims arising from or relating to the Construction Manager's Preconstruction Phase services, no decision by the Initial Decision Maker shall be required as a condition precedent to mediation or binding dispute resolution, and Section 9.3 of this Agreement shall not apply. § 9.2 For any Claim subject to, but not resolved by mediation pursuant to Section 15 of AIA Document A201-2007, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Construction Manager do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A201-2007 [ X ] Litigation in a court of competent jurisdiction in King County, Washington. [ ] Other: (Specify) § 9.3 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Section 15.2 of AIA Document A201-2007 for Claims arising from or relating to the Construction Manager's Construction Phase services, unless the parties appoint below another individual, not a party to the Agreement, to serve as the Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) Initial Decision Maker — To be determined. ARTICLE 10 TERMINATION OR SUSPENSION § 10.1 Termination Prior to Establishment of the Maximum Allowable Construction Cost § 10.1.1 Prior to the execution of the Guaranteed Maximum Price Amendment, the Owner may terminate this Agreement upon not less than seven days' written notice to the Construction Manager for the Owner's convenience and without cause, and the Construction Manager may terminate this Agreement, upon not less than seven days' written notice to the Owner, for the reasons set forth in Section 14. 1.1 of A201-2007. § 10. 1.2 In the event of termination of this Agreement pursuant to Section 10.1.1, the Construction Manager shall be equitably compensated for Preconstruction Phase services performed prior to receipt of a notice of termination. In no event shall the Construction Manager's compensation under this Section exceed the Preconstruction Services NTE Limit (or, if not established, then the Preconstruction Services Allowance) multiplied by the percentage of the total Preconstruction Services actually performed. AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA'°' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'°' 28 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. t This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1196247088) 182 § 10. 1.3 If the Owner terminates the Contract pursuant to Section 10.1.1 after the commencement of the Construction Phase but prior to the execution of the Guaranteed Maximum Price Amendment, the Owner shall pay to the Construction Manager an amount calculated as follows, which amount shall be in addition to any compensation paid to the Construction Manager under Section 10.1.2: .1 Take the Cost of the Work incurred by the Construction Manager to the date of termination; .2 Add the Construction Manager's Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section '5.1; and .3 Subtract the aggregate of previous payments made by the Owner for Construction Phase services. The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Construction Manager which the Owner elects to retain and which is not otherwise included in the Cost of the Work under Section 10.1.3.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall, as a condition of receiving the payments referred to in this Article 10, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders. All Subcontracts, purchase orders and rental agreements entered into by the Construction Manager will contain provisions allowing for assignment to the Owner as described above. If the Owner accepts assignment of subcontracts, purchase orders or rental agreements as described above, the Owner will reimburse or indemnify the Construction Manager for all costs arising under the subcontract, purchase order or rental agreement, if those costs would have been reimbursable as Cost of the Work if the contract had not been terminated. If the Owner chooses not to accept assignment of any subcontract, purchase order or rental agreement that would have constituted a Cost of the Work had this agreement not been terminated, the Construction Manager will terminate the subcontract, purchase order or rental agreement and the Owner will pay the Construction Manager the costs necessarily incurred by the Construction Manager because of such termination. § 10.2 Termination Subsequent to Establishing Maximum Allowance Construction Cost Following execution of the Guaranteed Maximum Price Amendment and subject to the provisions of Section 10.2.1 and 10.2.2 below, the Contract may be terminated as provided in Article 14 of AIA Document A201-2007. § 10.2.1 If the Owner terminates the Contract after execution of the Guaranteed Maximum Price Amendment, the amount payable to the Construction Manager pursuant to Sections 14.2 and 14.4 of A201-2007 shall not exceed the amount the Construction Manager would otherwise have received pursuant to Sections 10. 1.2 and 10. 1.3 of this Agreement. § 10.2.2 If the Construction Manager terminates the Contract after execution of the Guaranteed Maximum Price Amendment, the amount payable to the Construction Manager under Section 14.1.3 of A201-2007 shall not exceed the amount the Construction Manager would otherwise have received under Sections 10. 1.2 and 10. 1.3 'above. § 10.3 Suspension The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007. In such case, the MACC and Contract Time shall be increased as provided in Section 14.3.2 of AIA Document A201-2007, except that the term "profit" shall be understood to mean the Construction Manager's Fee as described in Sections 5.1 and 5.3.5 of this Agreement. ARTICLE 11 MISCELLANEOUS PROVISIONS § 11.1 Terms in this Agreement shall have the same meaning as those in A201-2007, except where otherwise stated herein. § 11.2 Ownership and Use of Documents Section 1.5 of A201-2007 shall apply to both the Preconstruction and Construction Phases. § 11.3 Governing Law Section 13.1 of A201-2007 shall apply to both the Preconstruction and Construction Phases. AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'°' 29 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 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1196247088) 183 § 11.4 Assignment The Owner and Construction Manager, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Except as provided in Section 13.2.2 of A201-2007, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 11.5 Other provisions: § 11.5.1 Meaning of Words. Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. Reference to standard specifications, manuals, or codes of any technical society, organization, or association, or to the code of any governmental authority, whether such reference be specific or by implication, shall be to the latest standard specification, manual, or code in effect on the date for submission of bids, except as may be otherwise specifically stated. Wherever in these Drawings and Specifications an article, device, or piece of equipment is referred to in the singular manner, such reference shall apply to as many such articles as are shown on the drawings, or required to complete the installation. § 11.5.2 Rights and Remedies. No action or failure to act by Owner or Architect shall constitute a waiver of a right or duty afforded them under the Contract Documents, nor shall such action or failure to act constitute approval of an acquiescence in a breach therein, except as may be specifically agreed in writing. § 11.5.3 Contractor Registration. Pursuant to RCW 39.06, Construction Manager shall be registered or licensed as required by the laws of the State of Washington, including but not limited to RCW 18.27. § 11.5.4 Time Computations. When computing any period of time, the day of the event from which the period of time begins shall not be counted. The last day is counted unless it falls on a weekend or legal holiday, in which event the period runs until the end of the next day that is not a weekend or holiday. When the period of time allowed is less than 7 days, intermediate Saturdays, Sundays, and legal holidays are excluded from the computation. § 11.5.5 Records Retention. The wage, payroll, and cost records of Construction Manager, and its Subcontractors, and all records subject to audit in accordance with the Contract Documents, shall be retained for a period of not less than three (3) years after the date of Completion. § 11.5.6 Third—party Agreements. The Contract Documents shall not be construed to create a contractual relationship of any kind between: the Architect and Construction Manager; Owner and any Subcontractor; or any persons other than Owner and Construction Manager. § 11.5.7 Amendments. No modification or amendment of the provisions hereof shall be effective unless in writing and signed by authorized representatives of the parties. The parties expressly reserve the right to modify this Agreement, from time to time, by mutual agreement. § 11.5.8 Executory Agreement. This Agreement will not be considered valid until signed by both parties. § 11.5.9 Binding Effect. The provisions, covenants and conditions in the Contract apply to bind the parties, their legal heirs, representatives, successors, and assigns. § 11.5.10 Applicable Law; Venue. The Contract shall be construed and interpreted in accordance with the laws of the State of Washington. The venue of any action brought under the Contract shall be in the Superior Court for King County. § 11.5.11 Remedies Cumulative. Rights under the Contract are cumulative; the failure to exercise on any occasion any right shall not operate to forfeit such right on another occasion. The use of one remedy shall not be taken to exclude or waive the right to use another. § 11.5.12 Captions. The titles of sections are for convenience only and do not define or limit the contents. AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA'" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'°' 30 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 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1196247088) 184 § 11.5.13 Invalidity of Particular Provisions. A judicial determination that any term, provision, condition, or other portion of the Contract, or its application, is inoperative, invalid, or unenforceable shall not affect the remaining terms, provisions, conditions, or other portions of the Contract, nor shall such a determination affect the application of such term, provision, condition, or portion to persons or in circumstances other than those directly involved in the determination in which it is held to be inoperative, invalid, or unenforceable, and as to such other persons or in such other circumstances it shall continue in full force and effect. § 11.5.14 No Waiver. No waiver of full performance by either party shall be construed, or operate, as a waiver of any subsequent default or breach of any of the terms, covenants or conditions of the Contract. The payment of compensation to the Construction Manager shall not be deemed a waiver of any right or the acceptance of defective performance. ARTICLE 12 SCOPE OF THE AGREEMENT § 12.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Construction Manager. § 12.2 The following documents comprise the Agreement: .1 AIA Document A133-2009, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, as modified by the parties, and including: Exhibit A: Guaranteed Maximum Price Amendment (to be completed after MACC negotiations) Exhibit B: Construction Manager's Hourly Rates .2 AIA Document A201-2007, General Conditions of the Contract for Construction, as modified by the parties .3 AIA Document E20 I Tm--2007, Digital Data Protocol Exhibit, if completed, or the following: .4 AIA Document E202TK--2008, Building Information Modeling Protocol Exhibit, if completed, or the following: .5 Other documents identified as Contract documents in this Agreement or the A201-2007.: This Agreement is entered into as of the day and year first written above. OWNER (Signature) (Printed name and title) CONSTRUCTION MANAGER (Signature) (Printed name and title) AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'°' 31 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. t This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1196247088) 185 Additions and Deletions Report for AIA° Document A133TM — 2009 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 18:49:03 on 10/27/2017. PAGE City of Tukwila 6200 Southcenter Boulevard Tukwila WA 98188 and the General Contractor/Construction Manager, which for the purpose of this Agreement is identified as the Construction Manager: Lydig Construction 3180 139the Ave SE Suite 110 Bellevue WA 98005 Tukwila Fire Stations 51, 52 and 54 Tukwila WA Weinstein A+U LLC, Limited Liability Company dba: Weinstein A+U Architects + Urban Designers LLC 2200 Western Avenue Suite 301 Seattle WA 98121 Justine Kim Shiels, Obletz, Johnsen, Inc. 800 Fifth Ave., Suite 4130 Seattle WA 98014 Kiel Lunsford Lydig Construction 3180 139the Ave SE Suite 110 Bellevue WA 98005 (206) 510-3605 (mobile) Additions and Deletions Report for AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAI" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1 1 9 6 24 7118 7 PAGE 2 Ed Weinstein Weinstein A+U Architects + Urban Designers LLC 2200 Western Avenue Suite 301 Seattle, Washington 98121 Telephone Number: (206) 443-8606 Fax Number: (206) 443-1218 PAGE 3 EXHIBIT A GUARANTEED MAXIMUM PRICE AMENDMENT EXHIBIT B CONSTRUCTION MANAGER'S HOURLY RATES The Contract Documents consist of this Agreement, the September 1, 2017, Request for Proposals for General Contractor/Construction Manager for the City of Tukwila Fire Stations 51, 52, 54 Project, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to the execution of this Agreement, other documents listed 4 this ^ , r -e -e+ ,o„t, ^r described in this Agreement or the General Condition A201-2007 Section 1.1.1, and Modifications issued after execution of this Agreement, all of which form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. Upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price pfepes4—,rp oposal establishing the "Total Contract Cost" ("TCC"), which means the Preconstruction Work Allowance + Maximum Allowable Construction Cost ("MACC") + Fixed Fee + Fixed Amount for Specified General Conditions work + abnlicable Washineton State sales tax. the Contract Documents will also include the daett ei is deser-ibed ;,, Seet' ftwpi she by the Qyme+ as deser-ibed i SeetiE 2.2.9. 44i r,,,,t,.,.,.t Guaranteed Maximum Price Amendment. The Contract Documents form the Contract, which represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. If anything in the other Contract Documents, other than a Modification, is inconsistent with this Agreement, this Agreement shall govern. 1,2,1 The Construction Manager accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect through every phase of the Work and exercise the Construction Manager's best skill, efforts, and judgment in furthering the interests of the Owner; to furnish efficient construction administration, management services and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in the best way and most expeditious and economical manner consistent with the Owner's interests. The Owner agrees to furnish or approve, in a timely manner, information required by the Construction Manager and to make payments to the Construction Manager in accordance with the requirements of the Contract Documents. The Construction Manager further recognizes that in order for the Project to be completed on time and within the TCC, the Construction Manager, the Architect and the Owner will have to closer cooperate on a regular basis to revise plans, drawings, specifications, materials, methods, estimates and budgets as necessaro meet the Owner's financial constraints. 1,2,2 This Agreement does not make the Construction Manager the agent or legal representative of the Owner for gRy purpose whatsoever, and the relationship of the Construction Manager to the Owner by reason of this Additions and Deletions Report for AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. 188 User Notes: (1196247088) Agreement shall be that of an independent contractor. The Construction Manager is not ;;ranted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in the name of the Owner or to bind the Owner in any manner or thing whatsoever. 1.2.3 Both parties hereto, in the performance of the Contract, will be acting in their individual capacities and not as agents, employees, _partners, joint ventures or associates of one another. The employees or agents of one part not be deemed or construed to be the employees or agents of the other pa . for M pgMose whatsoever. The Construction Manager's staff shall work under the direction and control of the Construction Manager. The Construction Manager shall ensure that all Construction Manager's staff are properly trained and fully equipped to perforin their assigned tasks. The Construction Manager shall provide anv necessary reasonable accommodations to enable Construction Manager's staff to perform assigned tasks. � 1.2,4 The parties agree that no person supplied by Construction Manager in the performance of obligations under this Agreement is an employee of the Owner, and that no rights in the Owner's civil service, retirement system, other employee benefits, or personnel rules shall accrue to such persons. Construction Manager shall have total responsibility for all salaries, wages, bonuses, retirements, withholdings, worker's compensation, other employ benefits and all taxes and insurance premiums pertinent thereto concerning such persons used by them in the performance of this Contract; and Construction Manager shall indemnify, defend, save and hold the Owner harmless with respect thereto. 1.2.5 The Construction Manager shall be responsible for maintaining satisfactory standards of employ competency, conduct, appearance and integrity. Construction Manager's staff must be cooperative and work in harmony with each other, Owner employees, other Owner contractors, and Owner customers at all times. While on the Owner's work premises, Construction Manager's staff must comply with all City ordinances related to behavior and conduct required by invitees and Owner employees. Any Construction Manager's staff found in violation of M ordinance or regulation may be asked to immediately leave Owner premises. The Construction Manager must be prepared to provide an immediate replacement. PAGE 4 For the Preconstruction Phase, the general terms of the AIA Document A201Tm--2007, General Conditions of the Contract for Cai4s"etiai4, sha4l ^ pb, ai4b, as eifw lly pr-avided 4 this ^ gree et4t Construction as modified by Owner ("A201-2007"), and those terms that are identified in this Agreement or the A201-2007 as applicable to the Preconstruction Phase or Services shall apply. For the Construction Phase, the general conditions of the contract shall be as set forth in A201-2007, which document is incorporated herein by reference. The term "Contractor" as used in A201-2007 shall mean the Construction Manager. The Construction Manager's Preconstruction Phase responsibilities are set forth in Sections 2.1 and 2.2. The Construction Manager's Construction Phase responsibilities are set forth in Section 2.3. Other sections of this Agreement apply to the phase identified therein; if no phase is identified, the Section applies to both the Preconstruction and Construction Phases. The Owner and Construction Manager may agree, in consultation with the Architect, for the Construction Phase to commence prior to completion of the Preconstruction Phase, in which case, both phases will proceed concurrently. The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 2.1.1 The Construction Manager shall provide ^ r^'; ;^^n ^ ^' ^* ^^ Of 040 n,,,,,^r'^ ^ S640"10 MA ^^*mega., budget .o^,,;,.^,. epAs ae i t^,m s of the E&e preconstruction services, including but not limited to: assisting the Architect and its sub -consultants with planning and design-, life cycle cost -engineering-, scheduling, cost -estimating; determining constructability; assessing alternative construction options for cost savings including assistance to the Owner with development tasks necessM to sEpport the construction effort; and identif3ing and organizing Subcontractor bid packages (collectively and inclusive of all services described in in Section 2.1.3, "Preconstruction Services"). Preconstruction Services shall be provided throughout the preconstruction period and shall be closely coordinated with the Architect's and Owner's representatives. The Construction Manager shall work Additions and Deletions Report for AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1 1 9 6 24 7118 9 collaboratively and proactively with the Owner and Architect to proceed with the planning, design, and development of the work in a manner which supports the Owner's efforts to maintain the MACC. Both the Construction Manager and the Architect shall be given direction by the Owner or the Owner's designated Representative. The relationship between the Construction Manager and the Architect is intended to be collaborative and proactive. both participating on the same team with the Owner. Construction Manager's Preconstruction Services will commence at the end of Schematic Design Phase and are anticipated to be complete by October 2018 for Fire Station 51. Preconstruction Services for Fire Station 52 and 54 are anticinated to commence September 2018 and be complete in August 2019. PAGE 5 The Construction Manager shall .actively participate as a member of the Project team with the Owner and the Architect during the design phases prior to construction. The purpose of this consulting responsibili . is to provide the expertise necessary to ensure that the MACC and the Project schedule are met. The Construction Manager will work collaboratively with the Architect, but will provide input through the Owner's Designated Representative unless otherwise authorized by the Owner. During this Preconstruction Phase, the Construction Manager's Project Manager or higher-level person will attend all design meetings and provide or oversee the services of the Construction Manager to ensure development of a high quality, functional, constructible, and cost-effective Project. §2.1.3 _. . Preconstruction Services .1 General The Construction Manager shall review all Drawings and Specifications and Contract Documents developed with respect to the Project, and advise and make recommendations to the Owner's Designated Representative and Architect regarding such matters as construction feasibility, possible economies, time requirements for procurement and construction, means and methods, estimates and projected costs as necessary to meet the Owner's financial and schedule constraints. By reviewing, advising, or making such recommendations, the Construction Manager will not be deemed to have assumed the Architect's or consultants' design obligations with respect to the Contract Documents developed b.. them. The Preconstruction Services also include value engineering, cost estimating, scheduling, identification and organization of subcontract packages, procurement strategies, and analysis of labor and material conditions. .2 Preconstruction Administration and Planning The Construction Manager shall: A. Have a Project Manager or higher-level person attend at least weekly coordination meetings to discuss Additions and Deletions Report for AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. 190 User Notes: (1196247088) design, permitting, schedule, construction planning, and other Project coordination issues. B. Prepare a detailed milestone schedule for the Project from the onset of Design Development through the completion of construction, commissioning and Substantial Completion. The schedule shall identify work to be performed by the Architect, the Construction Manager, and the Owner. In developing the activities for this schedule, the Construction Manager shall consult with both the Owner and Architect to ensure that the responsibility for and duration of these activities is accurate. The schedule shall be submitted for Owner for approval at the 100% Schematic Design stage. C. Develop cost accounting and job management reporting systems to be used during construction. D. Assist in the development of the Project labor agreement, if one is utilized, coordinate all labor issues, and work with building trade unions for their constructive involvement in the Project. E. Perform other preconstruction administration and planning services as required by the Owner's Designated Representative. .3 Design Review The Construction Manager shall: A. Conduct timely design review of the Project at each scheduled design review phase: Schematic Design, Design Development, and 50% and 100% Construction Documents. Design review shall include budget, constructability, value engineering, completeness, and coordination. The Construction Manager shall provide written design review comments to Owner's Designated Representative and Architect within four (4) weeks from receipt of the design documents for each phase. B. Review the drawings and specifications for the final design development submittal for viable value engineering ("VE") recommendations. The Construction Manager shall create a value engineering tracking system which identifies each VE proposal, provides a cost estimate of the savings and/or explanation of added value to the Project if the proposal is accepted, indicates the date by which a decision must be made to incorporate the VE proposal, indicates the current status of the VE proposal and the team member with current action, and the date the proposal was accepted or rejected. C. Review and comment on all studies including preliminary and final EIS, basis of design report, etc. The Construction Manager shall cooperate in other design reviews as required by the Owner's Designated Representative. D. Propose a breakdown of bid package and work buy out. .4 Work for Construction Documents The Construction Manager shall provide the following services during the Construction Document phase: A. Determine subcontract bid packages and material procurement packages and identify those that could be advertised prior to the completion of construction documents. If the Owner's Designated Representative concurs that the Project will benefit and if funds are available, the Owner's Designated Representative may, at its option, elect to authorize the Construction Manager to advertise and award subcontracts or material procurements for long lead-time items in advance of completion of Construction Documents. The Construction Manager shall prepare procurement documents for long lead-time materials as necessary. B. Revise the Project schedule as required to reflect changes that have occurred during design or to reflect a change or more refined schedule for procurement of materials, subcontract buyout or construction. The Construction Manager shall provide weekly Udates at the coordination meetings. C. Prepare and process the applications) for all necessM permits except the master use and building. The Additions and Deletions Report for AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAI" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1 1 9 6 24 7189 1 Construction Manager shall monitor and expedite the permitting process as necessary to ensure that all construction permits are received in a timely fashion. D. Monitor the development of the Construction Documents. The Construction Manager shall provide value engineering and constructability reviews of elements of design when requested by the Architect and approved by the Owner. E. Prepare construction cost estimates within four weeks of receipt of documents from the Architect for the entire Project based on both the mid- and final Construction Documents submittals. If the estimate exceeds the MACC, the Construction Manager shall take whatever actions are necessary in conjunction with the Architect and Owner to reduce the cost of the Project to within the MACC. F. Complete an interdisciplinM plan check of both the mid- and final Construction Documents submittals. The Construction Manager shall provide comments to the Owner's Representative and Architect. The Construction Manager shall verify that the comments are incorporated into the Contract Documents. G. Review the record drawings and investigate the existing conditions at the Project site to ensure that the Construction Documents reflect the existing conditions. .5 Schedule The Construction Manager shall: A. Develop and keep current a master critical path schedule for the Project that includes design and construction activities as well as applicable regulatory agency, outside entity, Project team, and Owner activities and constraints. The schedule shall identify all long -lead procurement items. In developing the activities for this schedule, the Construction Manager shall consult with both the Owner's Designated Representative and Architect to ensure that the responsibility for and duration of these activities is accurate. B. Monitor and update the schedule monthly and discuss the need for corrective action with the Owner's Designated Representative and the Architect in weekly coordination meetings. C. Develop a bid packaging/phasing strategy and schedule. D. Develop a procurement strategy and schedule for direct purchase of materials, furnishings, fixtures, and equipment by the Owner's Designated Representative. The Construction Manager shall adjust the Construction Schedule accordingly. E. With the Owner's Designated Representative, establish a schedule for establishment of the MACC and TCC. .6 Budget The Construction Manager shall: A. Provide a detailed cost estimate for the Project at those points in the design review phases described in Subsection 2.1.3.3.A. The Construction Manager shall identify the margin of accuracy of estimates and identify appropriate contingencies. The Construction Manager's estimate shall employ a Uniformat system and also Bid Package format so it can be compared to other estimates. Formats will be coordinated with those used by the Architect. The Construction Manager shall monitor and update the budget each month and discuss the need for corrective action with the Owner's Designated Representative and Architect at progress meetings. B. Provide value engineering alternatives and cost reduction suggestions to the Architect and Owner's Designated Representative, such that the implementation of the proposed measures would maintain the desipm within budget without compromising the Owner's basic needs. Additions and Deletions Report for AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAI" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. 192 User Notes: (1196247088) C. Evaluate the availability and supply of labor and materials and the effect of market conditions on the budget, including the possibility of foreign-purchased materials. D. Prepare budget for long lead items. § 2.1.4 Phased GOnStFUGfiGn The G enstruGfiGn ManageF shall PFOvide Fea- e_MMP_Ad_2_t1 GAS With FegaFd to an-a-e-le-rated -or fast track sahedvMq-, PFOGUFement, OF phased G9natmatInn The Construntion III nageF shall take- G-0-98t ra-d-161Gfien G 6, q6t Allowance for Preconstruction Services and Compensation for Preconstruction Services § 2.1.4.1 The Owner has established an allowance for Preconstruction Services of Three Hundred Seven!y Two Thousand Dollars ($372,000) (the "Preconstruction Services Allowance"). § 2.1,4.2 Within seven (7) days of beim notified it will be recommended for selection to the City Council, the Construction Manager shall submit a plan for the Preconstruction Services work ("Preconstruction Work Plan" or "Plan"). The Preconstruction Work Plan shall include a schedule of the activities included in the scope of work for Preconstruction Services and will identify the individuals the Construction Manager intends to use to accomplish the tasks assigned. If the Plan is not satisfactory to the Owner, the Owner will advise the Construction Manager of the shortcomings in the Plan and require the Construction Manager to resubmit the Plan. The Preconstruction Work Plan shall also include the anticipated number of hours needed to complete each activity, the name(s) of the individuals that will be used to complete each task and an hourly rate for each individual. The hourly rates multiplied by the number of hours needed to complete all tasks shall not exceed the Preconstruction Services Allowance, unless adjusted pursuant to mutual agreement of the Owner and Construction Manager, and once approved by the Owner shall constitute the "Preconstruction Services NTE Limit." The Construction Manager will not be entitled to anMpensation for Preconstruction Services until the Owner approves Construction Manager's Preconstruction Work Plan. § 2.1.4.4 The Construction Manager will be paid an amount not to exceed the Preconstruction Services NTE Limit for Preconstruction Services. In the event the Construction Manager incurs costs and expenses in excess of the Preconstruction Services NTE Limit, the Construction Manager shall bear such costs and expenses and shall have no claim against the Owner on account thereof. § 2.1.4.5 If, in the performance of the Preconstruction Services, the Construction Manager performs any services normally associated with the Construction Phase of the Project, the cost of such services shall be included in the MACC or shall be paid as an additional service based on the Construction Manager's billing rate for such services, as shown in Exhibit B hereto, and expenses, without markup, if the work of the Construction Manager for the Project does not proceed beyond the Preconstruction Phase. § 2.1.5 Pr-eli ,;,,afy Gast Estiwa4esPhased Construction The Construction Manager shall provide recommendations with regard to accelerated or fast-track scheduling, procurement, or phased construction. The Construction Manager shall take into consideration cost reductions, cost information, constructability,provisions for temporary facilities and procurement and construction scheduling issues. systems, ,;.do east o ..1,,..t Ews of t4ase ..lto..H ti a +Ra4o,-Ws a-R d s stems Additions and Deletions Report for AIA Document A133 TM - 2009 (formerly A121 TMCMc - 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAI" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1 1 9 6 24 7189 3 § 2.1.6 Notices and Compliance with Laws The Construction Manager shall develop bidders' 44terest 4 toe Dr e&t. comply with applicable laws, statutes, ordinances, charters, codes, rules and regulations, and lawful orders of public authorities applicable to its performance under this Contract, and with equal employmentpportunity programs, and other programs as may be required by governmental and quasi -governmental authorities for inclusion in the Contract Documents. A 2.1.8 Ghent of Des. onsibil4i as toe A, -eh teet Faia , o., ife § 2.1.9 NetiGes and f`OMPlia....e With 1 § 2.2 G-- teed- Maximum nine Proposal and Genua, TimeGuaranteed Maximum Price Proposal and Establishment of Total Contract Cost (TCC) § 2.2.1 Cai4sW etiai Managef's Fhe Total Contract Cost will be determined through a negotiation of the MACC conducted when Construction Documents are 90% complete. The MACC negotiations are separate from Preconstruction Services_ and the Construction Manager shall not be reimbursed for the work related to MACC negotiations. § 2.2.2 if r-e"i+ed, sha4l be 44ear-par-ated by Chafe e 0fdar Guaranteed Maximum Price Proposal. At a time to be mutually agreed upon by the Owner and the Construction Manager, the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner's review and acceptance. The Guaranteed Maximum Price proposal shall state the Preconstruction Services NTE Limit, the TCC, and shall separately state the TCC components: the negotiated MACC (including separately listing the Negotiated Support Services, Subcontractor Bonds, and MACC Continaencv): the Fixed Fee: the Fixed Amount for Specified General Conditions work: and applicable Washington State sales tax. ers e+�reeerseer. rsTAMM I A Additions and Deletions Report for AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAI" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. 194 User Notes: (1196247088) is based. an iizrc^rcEby=wixxEl3-aic-vwaErznmStz^cEEEp%EEd Ma?4+PAh% Pr-iEE. Total Contract Cost (TCC) and Guaranteed Maximum Price Amendment § 2,2,3,1 The TCC shall be determined through a negotiation of the MACC between the Construction Manager and the Owner, and established by the Guaranteed Maximum Price Amendment. The Construction Manager shall not be reimbursed for any efforts related to MACC negotiations. The "Contract Sum," as used in the Contract Documents, shall refer to shall refer to the TCC. § 2,2,3,2 By executing the Guaranteed Maximum Price Amendment, the Construction Manager represents and acknowledges that the TCC is reasonable compensation for all of the Work, that the Contract Time set forth in the Construction Schedule is adequate for the performance of the Work, and that Construction Manager has carefully examined the Contract Documents and the Project site, including any existing structures, and that it has satisfied itself as to the nature, location, character, quality and quantity of the Work, the labor, materials, equipment, ;roods, supplies, work, services and other items to be furnished and all other requirements of the Contract Documents, as well as the surface conditions and other matters that may be encountered at the Project site or may affect performance of the Work or the cost or difficulty thereof, including but not limited to those conditions and matters affecting: transportation, access, disposal, handling and storage of materials, equipment and other items; availability and quality of labor, water, electric power and utilities; availability and condition of roads; normal climatic conditions and seasons; physical conditions at the Project site and the surrounding locality; topography; and equipment and facilities needed preliminary to and at all times during the performance of the Work, and furthermore acknowledges that no variation in the aforesaid site conditions from those observed, assumed, reasonably inferable or contemplated by the Construction Manager shall form the basis for any claim of changed condition by the Construction Manager. By executing the Guaranteed Maximum Price Amendment, the Construction Manager further acknowledges it shall be responsible for coordinating the activities of its Subcontractors of any tier during the Construction Phase, shall be responsible for discharging all of the Construction Manager's obligations under the Contract Documents and, during all phases, shall advise and work with the Owner, Architect and consultants and Subcontractors to make recommendations for alternate or substitute technologies, construction techniques, methods, materials, and practices based on cost savings, time saving and/or other related efficiencies and quality enhancements. The Construction Manager further represents that it is fully qualified and properly licensed, equipped, organized, financed and staffed to perform the Work and services under the Contract and such additional Work and services as the Owner may request (provided, however, that nothing in the Contract shall be deemed to require, authorize or permit the Construction Manager to perform any act which would constitute the practice of architecture, professional engineering, certified public accounting or law), and shall provide, in a timely, efficient and professional manner the Work and services in accordance with the Project and Construction Schedules. § 2.2.4 Maximum Allowable Construction Cost (MACC) § 2,2,4,1 All fortes of Construction Manager compensation including Subcontractor bonds, MACC contingency and Negotiated Support Services are contained within the MACC. The MACC is the amount mutually agreed to between the Owner and Construction Manager that is required to complete all Work as described in the Contract Documents, except Work Services, and Owner-directed changes. The Owner shall maintain a contingency for Owner-directed chafes. Additions and Deletions Report for AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAI" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1 1 9 6 24 7189 5 2.2.4.2 The Construction Manager shall be responsible for all costs related to Subcontractor claims or charges that result from mistakes or omissions in the subcontract buyout, coordination errors and omissions in the Construction Documents that the Construction Manager reasonably should have detected, or interference between Subcontractors and the Construction Manager or between Subcontractors and other Subcontractors. If contingency funds are available within the MACC, Construction Manager may use said funds to offset the costs outlined in this section. If contingency funds are not available within the MACC, Construction Manager will be responsible for the overages. 2.2.4.3 As part of the MACC negotiations, the Construction Manager shall provide the Owner a complete cost estimate in a format agreed to by the Owner and Architect and a Subcontract Plan satisfactory to the Owner outlining the subcontract packages and procurement schedule for each package the Construction Manager intends to prepare to execute the Project. The Subcontract Plan shall include a statement regarding the Work the Construction Manager intends to self-perforin (if any) and an affidavit stipulating that the Construction Manager customarily performs such work. � 2.2.4.4 Supplemental Contract Documents. The Construction Manager recognizes that the Contract Documents may not be fully completed or developed at the time of the execution of the Guaranteed Maximum Price Amendment. The Construction Manager agrees to cooperate with the Owner and the Architect in order to satisfy the Owner's requirements for the Project and to incorporate all the Work described under other Contract Documents hereafter completed or developed. The Construction Manager and the Owner recognize that construction may commence on the basis of scope or incomplete Contract Documents; and in such event, additional Contract Documents will be prepared and issued, from time to time, for purposes of construction which will detail more completely all requirements of the Work. The Construction Manager and Owner have agreed to the Maximum Allowable Construction Cost set forth in the Guaranteed Maximum Price Amendment. The Construction Manager represents to the Owner that the Contract Documents are sufficiently complete to enable the Construction Manager to establish the Total Contract Cost of the Work, and the issuance of subsequent Contract Documents will not affect the TCC of the Work, unless a change in the scope of the Work is required. A change in the scope of the Work is not warranted if the portion of the Work was reasonably inferable from or contemplated by, or a prudent contractor should have realized that same was necessargppropriate under the Contract Documents in existence at the time the TCC of the Work was approved by the Owner. During performance of the Work, the Construction Manager agrees to use its best efforts, exercising its best and prudent judgment, to accomplish the Work in conformance with, and as required or described by, or referred to in, the Contract Documents then available and developed. § 2.2.5 Construction Manager's Fee and Specified General Conditions 2.2,5,1 Construction Manager's Fee. The Construction Manager's "Fixed Fee" shall be stated as a percentage in Construction Manager's final bid proposal and Article 5. Other than Washington State Sales Tax, Construction Manager's "Fixed Fee" shall cover all B&O taxes owed by the Construction Manager. The "Fixed Fee" shall include all profit (and loss) of the Construction Manager as well as home or regional general overhead office expenses of the Construction Manager during construction phase and all general home office staff time assigned to this Project. 2.2.5.2 Specified General Conditions Work. The dollar amount for the "Specified General Conditions Work" shall be that amount stated in the Construction Manager's final Bid Proposal and in Article 5. The "Specified General Conditions Work" shall consist of salaried project staffing as defined in GC/CM Bid Requirements, Part 3 - "Specified General Conditions Work, Subpart 3.1 - Project Staffing." At a minimum, Construction Manager's salaried project staffing shall include the following positions: Project Manager Project Superintendent Project Engineer Other than Washington State Sales Tax, Construction Manager's "Specified General Conditions Work" dollar amount shall cover all salaried payroll taxes owed by Construction Manager. Additions and Deletions Report for AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 10 reproduction or distribution of this AIAI" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. 196 User Notes: (1196247088) § 2.2.6 if the n.. w - ,,,,fi f e Pr-iee p -.,.,ass sha l be .deo.. HGeptaRGO Off —A Gmfflr-MBAPOPO�— Neaotiated Support Services § 2.2.6,1 Negotiated Support Services shall be on an actual cost or a lump sum basis. The costs are budgeted and identified in Article 5 and included in the MACC. If the total expended on Negotiated Support Services exceeds the total budgeted amount, the Construction Manager may use contingency funds available within the MACC to pay the excess. If contingency funds are not available and total Negotiated Support Services expenditures exceed the total budgeted amount, the Construction Manager will be responsible for the overages; provided, however, if Owner determines that Construction Manager did not cause the overages, Owner may in its sole discretion increase the budgeted amount for Negotiated Support Services or Construction Manager's contingency to cover the overages. § 2.2.6.2 Negotiated Support Services shall be all expenses of the Construction Manager related to project support, whether direct or throwh consultants, including, but not limited to: labor and materials, Test Engineer-, participation in and the support of the Subcontractor bidding process of the Project; reproduction of documents (e.g., plans, blueprints, shop drawings, submittals, correspondence, etc.); bid document reproduction; two-way radios whether owned by and rented from Construction Manager or rented from a third party, rental of equipment whether owned by and rented by Construction Manager or rented from a third part ;;as, oil and maintenance; small tools whether owned by and rented from Construction Manager or from a third party; use taxes; craft payroll taxes; computer charges; project construction administration software (e.g., scheduling software, set-up of project computer network, project computer and system maintenance, etc.); survey and layout; temporary utilities (e.g., power, water, natural gas, etc.); temporary sanitation (e.g., temporary latrines, drop boxes, janitorial services, etc.); temporary heating; temporary weather protection; temporary drinking water; temporary structures (e.g., craft dry shacks, set-up of craft dry shacks, miscellaneous temporary structure/safety structures, etc.); temporM parking for salaried project staffing; temporeprotection (e.g., construction related fire extinguishers and fire stand -pipe system, etc.); project safety(e.g., drug and alcohol tests, safetyquipment and awards, temporary railings, ladders and barricades, progress cleanup, traffic control and flagging, site and street cleaning, dust control, etc.); first aid; barricades and temporary fences around the site; temporary signage; field office equipment; supplies and furniture (e.g., facsimile, computers, printers, copy machines, desks, filing cabinets, other incidental office expenses, etc.); telephone and postage (e.g., telephone hookup, cellular telephones, local and long distance charges, postage, express mailing, computer line charges, initial set-up of computer line, etc.); travel; Subcontractor insurance and bond premiums; and other incidental expenses attributable to the Work on this Project, excluding Work that is included in the "Specified General Conditions Work," or is included in the MACC. § 2.2.7 Performance and Payment Bond. One month prior to the Notice to Proceed for Construction, the Construction Manager shall deliver to the Owner performance and payment bonds for the full TCC, on a form provided by the Owner and as described in A201-2007. The costs of such bonds are included in the costs for Specified General Conditions, and therefore will be borne by Construction Manager out of that sum. Additions and Deletions Report for AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 11 reproduction or distribution of this AIAI" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1 1 9 6 24 7189 7 4 2.2.8 Construction Manager Reduction Incentive. All savings from expenditures for the Work totaling less than the MACC, shall accrue to the Owner, except that the Construction Manager shall bill for and receive an incentive payment of a sum equal to 50% of all savings under the MACC, up to a maximum incentive payment of $200,000.00 on the final request for payment of the project. PAGE 11 § 2.3.1.3 The Construction Manager shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. The Construction Manager shall provide construction management services, including but not limited to: assistance in planning and design, life cycle cost engineering; scheduling; cost estimating, determining constructability; assessing alternative construction options for cost savings including assistance to the Owner with development tasks necessm to sEpport the construction effort, and preparation of Subcontractor bid packages. Construction management services shall be provided throughout the Project, from the Preconstruction Phase through the Construction Phase, and shall be closely coordinated with the Architect and Owner's Designated Representative. The Construction Manager shall provide full general contracting services for construction of the Project in accordance with the requirements of this Contract and RCW 39.10.340 through .410. Throughout the term of this Contract, Construction Manager shall work collaboratively and proactively with the Owner and Architect to proceed with the planning, design, and development of the Work in a manner which supports the Owner's efforts to maintain the MACC. 2.3.1.4 Owner/Construction Manager/Architect. The Owner shall give direction to both the Construction Manager and the Architect. The relationship between the Construction Manager and the Architect is intended to be collaborative and proactive, both participating on the same team with the Owner. � 2.3.1.5 Work During Construction. During construction the Construction Manager shall provide all services required of a general contractor and construction manager. Specific details of the Work during construction are provided below, but they shall in no way limit the Construction Manager's overall duiy to provide construction and construction management services. 2.3.1.6 Construction Manager Overall Responsibilities. The Construction Manager will be responsible for construction of the Project within the dollar limits of the TCC. The Construction Manager shall coordinate with the Owner's Project Representative. Representatives from the Architect will be on site as necessM to provide design support, working through the Owner. Weekly construction coordination meetings will be held, which will be attended by Owner's Project Representative, the Construction Manager, and the Architect as further defined in the A201-2007. The scope of services to be provided will include construction, construction management, procurement. fit out, Quality Assurance/Quality Control (QA/QC) coordination, test engineer, coordination of as -built drawings, site safety etc. 2.3.1.7 Prevailinq Wages 2.3.1.7.1 In accordance with Chapter 39.12 RCW. Construction Manager and its Subcontractors shall pa employees for each trade or occupation performing work on this Public Works Project not less than the minimum, current Prevailing Wage Rate and shall comply in all respects with Chapter 39.12 RCW or other reauirements as defined by: Prevailing Wage Section, ESAC Department of Labor and Industries P.O. Box 44540 OlMpia, Washington 98504-4540 Tel. (360) 902-5335 2.3.1.7.2 Prevailing Wage Rate is defined as the hourly wage, fringe benefits, and overtime in accordance with provisions of the Washington Public Works Act (most current rules and regulations). The applicable Prevailing Wage Rates as of the Effective Date are the rates in effect for King County as of October 20, 2017. For any renewal term, the applicable prevailing wage shall be based upon the rates in effect on the first day of the renewal term. Additions and Deletions Report for AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 12 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. 198 User Notes: (1196247088) a) Construction Manager and Subcontractors must pay a wage-and-fringe benefits package to workers that is equal to or exceeds the prevailing wage & prevailing fringe benefit amounts added together. b) Construction Manager and Subcontractors must observe overtime, holiday, and Code provisions that are part of the Prevailing Wage Rate. c) The most current Schedule of Washington State Prevailing Wage Rates for King County is located at httDs://fortress.wa.gov/lni/wauelookuD/DrvWauelookuD.asDx, and is incorporated by reference in this Agreement except as amended or superseded by new current Prevailing Wage Rates, Codes, Laws, or other Governing Authorities. A copy is available at the Owner's office upon advance request, and Owner will send a copy to Construction Manager upon request. d) It is the sole responsibility of the Construction Manager to assign the appropriate classification to persons perfortning Work under this Agreement, to ascertain the applicable Prevailing Wage Rate for each classification, and to not pay a worker less than the minimum hourly wage rates and fringe benefits for said worker's classification. e) In the event any dispute arises as to what are the prevailing rates of wages for a specific trade, craft or occupation, and such dispute cannot be adjusted by the parties in interest, including labor and management representatives, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries, and the Director's decision shall be final, conclusive, and binding on all parties involved in the dispute. 2,3.1.7,3 A "Statement of Intent to Pay Prevailing Wages," as approved by a Department of Labor and Industries "industrial statistician," is required to be submitted from Construction Manager and all Subcontractors with its first Application for Payment and as a condition precedent to M pMa meat. Payment will not be released until the required Statement of Intent to Pay Prevailing Wages is received by Owner. 2,3,1,7,4 Construction Manager shall post a Prevailing Wages Statement as required by RCW 39.12.020. 2.3,1,7,5 Upon completion of the Work, and as a condition precedent to payment, Construction Manager and all the Subcontractors must submit to Owner Affidavits from the Construction Manager approved by the Industrial Statistician of the Washington State Department of Labor and Industries statim that the Construction Manager and all Subcontractors and material suppliers for the project have been paid in full ("Affidavit of Wages Paid"). Construction Manager must submit an Affidavit of Wages Paid for any Subcontractor that ceases to provide Work during the term of this Agreement. § 2,3,1,7,6 The Department of Labor and Industries requires a fee, to be paid at the time of submittal, for both the Statement of Intent to Pay Prevailing Wages forms and the Affidavit of Wages Paid forms. All fees required by the Department of Labor and Industries shall be paid by the Construction Manager. 6 2,3,1,8 Apprentice Utilization, The Construction Manager shall comply with the Owner's Apprentice Utilization goals and reporting requirements, as stated in City of Tukwila Resolution #1814, which is available upon request. § 2.3.2 Construction Administration and Management. The Construction Manager shall: § 2.3.2.1 444e Qymer- sha4l thei4 detefmi-ne, with tke a&iee of tke QwstmetiEw Manager- and the A+ehiteet, w4ieh bids will be Mafia -o has r asEw ble E)b,,eetkw.Manage construction of the Project, serve as general contractor and will carr the construction of the Project through subcontracts or by Work performed by Construction Manager. Further, the Construction Manager agrees to provide the key personnel who were named in the Construction Manager's proposal for the Project and are stated in the Guaranteed Maximum Price Amendment. The key personnel named in the Guaranteed Maximum Price Amendment shall remain assigned for the duration of the Project unless otherwise agreed to in writing by Owner. In the event that Construction Manager proposes to substitute any of the key Additions and Deletions Report for AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 13 reproduction or distribution of this AIAI" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1 1 9 6 24 7189 9 personnel designated in the Guaranteed Maximum Price Amendment, the individual(s) proposed must demonstrate similar qualifications and experience as required to successfully perform such duties. Owner shall have the sole right to determine whether key personnel proposed as substitutes are qualified to work on the Project. Owner shall not unreasonably withhold approval of staff changes. § 2.3.2.2 issued to aE�ttst the Ga+4met Time and 04e Cmar-anteed Ma?4H+um Pr4ee by the dig-er-e+iee betwee+i the bid Of the Coordinate all on-site activities. The Construction Manager shall provide ongoing coordination between crafts, provide quality control, settle disputes between Subcontractors, negotiate any modification proposals with the Subcontractors (Owner expects the Construction Manager to negotiate with Subcontractors but reserves the right to reject any Subcontractor proposal), negotiate modification proposals with the Owner, revise and forward submittals and requests for information (RFIs) to Owner for action, and respond to all correspondence related to the effort required for any procurement activities that arise from a Subcontractor's inability or unwillingness to perforin. § 2.3.2.3 T aRager 41 SeetiEw 6.11 bolo .Conduct weekly progress meetings) and weekly Subcontractor meetings) and maintain minutes for them. The Construction Manager shall attend construction oversight meetings with Owner's Designated Representative and Architect as required. The Construction Manager shall conduct site tours for the Owner and other officials as requested by Owner. § 2.3.2.4 " 6.10.2.Coordinate general building layout, including layout work provided by separate trades for their own work, to insure that no conflict exists with the work of other trades. § 2.3.2.5 progress distFibt to ,aiff Hes to 044 Qymo. and n -eh te-et Develop site safety plan and manage job site safety. § 2.3.2.6 aeeer-dafie€with agetia+i 340 ofA28 20 Provide sufficient staff, including but not limited to project managers, field engineers-, superintendents; engineers*, construction quality control representatives; testing engineers, scheduling engineers-, cost engineers; and clerical and accounting personnel to ensure that: A Modification brobosals are submitted to the Owner within fourteen (14) calendar days of the receibt b the Construction Manager of the Subcontractor's proposal. Only changes negotiated between Construction Manager and Subcontractor and approved by Owner are acceptable. B. RFIs are reviewed and forwarded to Owner within three (3) working days of receipt, unless a shorter period of review is required to avoid delay. C. Submittals are reviewed for completeness and forwarded to Owner's Designated Representative within seven (7) calendar days of receipt. D. Replies to corresbondence from Subcontractors. Owner. and other outside agencies are brovided within seven (7) calendar dates Additions and Deletions Report for AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 14 reproduction or distribution of this AIAI" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. 200 User Notes: (1196247088) E. For a minimum of ninety (90) calendar days after Physical Completion, provide adequate qualified staff that is authorized to act on behalf of their firm to be present to coordinate and insure that any outstanding Work items, punch-lists, testing and commissioning are completed, at no additional cost to the Owner. § 2.3.2.7 The Gai4stmefiai4 Manager- shall wear-d the progress of 040 pr-qjeet. 014 a +R01444y basis, or- athefwise as a4so keep, and make m,ailable to tke Oymer- and A+ehiteet, a daily log eaWainii4g a wear-d �qr- eaeh day of weather-, Administer all construction correspondence and maintain a document tracking and filing system for the Project. § 2.3.2.8 The Constmetim Ma+iager- shall develop a system of east eawFal �qr- the Wafk, i+ie!ttdi+ig r-egttla+ aeear-danee w44 Seetia^ 2.x.2.7 above. Participate in community meetings, meetings with regulatory agencies, City Council and committee meetings as requested by Owner's Designated Representative. § 2.3.2.9 Construction Manager will only charge for personnel labor where such personnel are working full time and are located at the site. 2.3.3 Bidding and Subcontract Plan § 2,3.3.1 The Construction Manager is responsible for issuing bid packages consistent with the Contract Documents and RCW 39.10.380, .385 and.390, as may be applicable. The Construction Manager is responsible for ensuring that the low qualifying bid for each package beim within the amount budgeted within the MACC. The Construction Manager may. in its discretion, use MACC contingency to cover any bid package that exceed the amount budgeted within the MACC, up to the total of the remaining MACC contingency. If there is no remaining MACC contingency, the Construction Manager shall cover the cost of the excess. § 2.3.3.2 The Construction Manager shall conduct public solicitation of bids and public bid openings, evaluate bids, and conduct or coordinate appropriate hearing of any bid protests in compliance with the Contract Documents and applicable law. Owner's Designated Representative will maintain an oversight role during the bid process. § 2.3.3.3 Prior to subcontract bidding, the Construction Manager shall secure the Owner's approval of its Subcontract Plan. § 2.3,3.4 Before soliciting bids, the Construction Managgr shall submit and the Owner shall approve, final bid package estimates for all subcontract bid packages in its approved Subcontract Plan. The Construction Manager shall at the same time, inform the Owner of its intention to bid to "self-perform" all or any part of an.� bid package, provided Construction Manager shall also meet the requirements of RCW 39.10.380 through .410 as may be applicable. The sum of all the final bid package estimates in the Subcontract Plan shall not exceed the MACC. 2,3,3,5 The Construction Manager shall bid out the subcontracts in accordance with its approved Subcontract Plan. During subcontract buyout, the Construction Manager may request a change in its Subcontract Plan and the Owner will not unreasonably withhold approval provided the sum of all of the final bid package estimates in the Subcontract Plan as revised does not exceed the negotiated MACC. § 2.3.3.6 If the low responsive bid for a particular bid package is ;treater than the final bid package estimate, then the provisions of RCW 39.10.380 shall apply. If the lowest responsive bid does not exceed the final bid package estimate by $125,000.00 for bid packages up to $10 million, and 2% for bid packages with bid package estimates greater than $10 million, then the Construction Manager may negotiate an adjustment to that bid based upon Owner approved changes to the subcontract scope that brim the bid within the amount the Owner and the Construction Manager agree to be the available funds. Additions and Deletions Report for AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 15 reproduction or distribution of this AIAI" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1196247') § 2.3,3,7 If the Construction Manager chooses not to negotiate under the provisions of Section 2.3.3.6 above, or if the low conforming bid exceeds the final bid package estimate by more than the amount permitting negotiations, the Construction Manager shall award the bid package to the low responsive responsible bidder as provided in RCW 39.10.380. The Construction Manager Day request and the Owner, in its sole discretion, may agree to changes in the bid package. The Construction Manager may then re -bid, but all time delays and costs associated with the re -bid shall be the responsibility of the Construction Manager. If contingency funds are available within the MACC, Construction Manager may use said funds to offset these costs. If contingency funds are not available within the MACC, Construction Manager will be responsible for the overages. § 2.3,3,8 If any Subcontractor to whom a Bid Package has been awarded is unable to perform, the Construction Manager shall have the option to re -bid or negotiate for the performance of the work or perform the work itself. Except as provided in this Section, the Construction Manager shall bear all risk and/or cost overruns occasioned by a Subcontractor's inability to perform. If contingency funds are available within the MACC, Construction Manager may use said funds to offset the costs outlined in this subsection. If contingency funds are not available within the MACC, Construction Manager will be responsible for the overages. § 2,3,3.8 Further requirements for Subcontracting and Bidding are located in Section 2.6. § 2.3.5 Construction Manager Cost Accounting. Starting with the award of the first bid package, the Construction Manager shall provide a monthly report to the Owner for review of expenditures, tracking of Subcontractors, and contract changes. The report shall include, at a minimum: § 2.3.5,1 Final Bid Package Estimate. Once agreement has been reached on the Final Bid Package Estimate, the values in this column do not change. At an appropriate time during the Project, with approval of Owner, this column need not be printed in each monthly report. This column must, however, be maintained and be available Upon the Owner's request. § 2.3.5.2 Final Bid Package Estimate Adjustments. To be used to record adjustments in the Final Bid Package Estimate. § 2.3.5.3 Available Funds (Revised Budget). The sum of the "Final Bid Package Estimate" and "Adjustments". § 2.3,5,4 Budget Adjustment. This column shall indicate any change to any budget line item that occurred since the last report. § 2.3.5.5 Subcontract. This column shall reflect the amounts encumbered less change orders. § 2.3.5.6 Change Order. (Two columns). One column shall reflect the value of Change Orders paid from the MACC contingency and one column shall reflect the value of change orders paid from the Owner's contingency_ § 2.3.5.7 Revised Subcontract Amount. This column shall reflect the total of "Subcontracts" and "Change Orders." § 2.3.5.8 Variance. This column shall reflect the budget less the subcontract, less change orders. 2.3,5,9 Expended to Date. This column shall reflect the amount paid to the Construction Manager from the Owner. 2,3,5,10 Expended Prior Period. This column shall reflect the amount recorded in the month report immediately preceding the current report as "EXPENDED TO DATE." 2.3.5.11 Expended this Period. This column shall reflect the amount expended to date less the amount reported in all previous periods. § 2.3.5.12 Percent of Budget. This column shall reflect the amount of the negotiated budget that has been expended and is the amount "Expended to Date" divided by the sum of "Available Funds" and "Change Orders" expressed as a percentage. Additions and Deletions Report for AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 16 reproduction or distribution of this AIAI" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. 202 User Notes: (1196247088) § 2.3.5.13 Anticipated Cost to Complete. This column shall reflect the amount the Construction Manager believes shall be required to finish the Work. 2.3,5,14 Balance. This column shall reflect the difference between the sum of the amount "Expended to Date" and the "Anticipated Cost to Complete" and the budget as adjusted. § 2,3,5,15 The Owner and the Construction Manager at monthly construction oversight meetings will review the monthly report. Budget adjustments will be reviewed and mutually agreed to at that time. § 2,3.6 Cost Reporting, In general and as further described in General Conditions and Division 0 —18 inclusive, the Construction Manager shall: 2.3.6.1 Prepare a detailed construction budget for the Project based on the MACC cost documentation. The Construction Manager shall update the budget each month showing a complete, detailed, and current accounting for the cost of the Work buyout versus the MACC estimates for each line item. 2.3.6,2 Prepare a schedule of values for each subcontract. 2,3,6,3 Prepare monthly cost reports. For each subcontract, the Construction Manager shall state costs expended, budget remaining, and change order status. The Construction Manager shall provide a cost forecast for each subcontract and the project as a whole. § 2.3.6.4 Prepare monthly progress report narrative. § 2.3.6.5 Prepare monthly earned value report. § 2.3,6,6 Establish pay request procedures. The Construction Manager shall prepare monthly pay requests. 2,3,6,7 Prepare independent cost estimates for Subcontractor change orders. The Construction Manager shall document and track all change order payments. § 2.3,6,8 Resolve Subcontractor claim issues. 2,3.6,9 At conclusion of Project, prepare final accounting of Project and prepare final payment and buyout. § 2.3,7 Schedule, The Construction Manager shall: 2.3,7,1 Develop and keep current a master critical path schedule ("CPM") for the project as required by A201-2007 and that includes design and construction activities as well as applicable regulatory agency, outside entity,project team, and CPM activities and constraints. The CPM shall identify all long -lead procurement items. In develop the activities for the CPM, the Construction Manager shall consult with both Owner's Designated Representative and Architect to ensure that the responsibility for and duration of these activities is accurate. The Construction Manager shall submit the CPM to Owner or such other person as the Owner shall designate for approval. 2.3.7.2 Monitor construction progress and formally update the CPM every month. The Construction Manager shall discuss the need for corrective action regarding the CPM with Owner's Designated Representative in the weeklv coordination meetings. § 2,3,7,3 The Construction Manager shall also prepare a three-week look -ahead schedule each week, which will be presented to Owner's Designated Representative not later than the weekly coordination meeting. Once a month, the Construction Manager shall also prepare a monthly summary schedule and six-week look -ahead with the monthly progress. § 2.3.8 Quality Control/Quality Assurance. 2.3.8.1 The Construction Manager shall be responsible to ensure that the Owner's inspectors are given notice and are afforded timely and appropriate access to the Work to make their inspections. Special inspection required by the Additions and Deletions Report for AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 17 reproduction or distribution of this AIAI" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (11962473 appropriate building officials and regulatory agencies will be provided by the Owner's Designated Representative. 2.3.8.2 The Construction Manager shall develop and submit a QA/QC plan for the Project to complement the Owner's independent testing and inspection. The QA/QC plan shall be approved by Owner's Designated Representative. QA/QC shall be conducted as further described in the Contract Documents. 2.3.8.3 The Construction Manager shall review the Owner's testing and inspection reports and, where required, take appropriate remedial actions. 2.3.8.4 The Construction Manager shall, in cooperation with the Owner's Designated Representative and Architect, develop an appropriate system for reporting and correcting deficiencies. 2.3.9 Procurement. The Construction Manager shall: 2.3.9.1 Prepare and maintain a detailed procurement schedule for all direct Owner -purchased materials, furnishings, fixtures, and equipment. § 2.3.9.2 Coordinate delivery and installation of Owner -purchased items. § 2.3.10 Commissioning, Test, Close Out. § 2.3.10.1 Substantial Completion, for purposes of Section 9.8 of the General Conditions and this Contract, shall include those commissioning activities necessary to obtain a certificate of occupancy. § 2.3.10.2 The Construction Manager shall assist the Owner in obtaining a certificate of occupancy and the required permits necessary for the Owner to take a beneficial occupancy of the facility constructed in this project. 2.3.10.3 The Construction Manager shall prepare and/or coordinate the preparation of all operations and maintenance manuals. § 2.3.10.4 The Construction Manager shall assemble and coordinate all vendor manuals, warranties, guarantees, affidavits, releases, bonds waivers, certificates of occupancy, etc. 2.3.10.5 The Construction Manager shall administer and coordinate the preparation of all Subcontractor and/or vendor shop drawings, if M. § 2.3.10.6 Working in conjunction with Architect's field staff, the Owner's Designated Representative, and the Construction Manager shall develop a protocol for preparing as -built drawings in accordance with the Contract Documents. 2.3.10.7 The Construction Manager shall prepare closeout documentation acceptable to the City of Tukwila. 2.3.11 Time of Completion. Liauidated Damaaes. § 2.3.11.1 The Construction Manager shall achieve Substantial Completion, Physical Completion, and Final Completion of the Work of this Project on or before the date stated in the Guaranteed Maximum Price Amendment for each phase of the Project. The terms "Substantial Completion," "Physical Completion," and "Final Completion" are as defined in A201-2007 Section 9.8 and 9.10 and stated in the Guaranteed Maximum Price Amendment. § 2.3.11.2 Any delay in the scheduled date for Physical Completion and Final Completion of the Project will make it difficult and unwieldy for the Owner to administer warranty and service to equipment placed in use at Substantial Completion, and will interfere with the ability of the Owner to close its project office and reassign Owner staff, thus causing the Owner to incur unwarranted expense. The parties recognize that the cost to Owner of any such dela difficult to determine, and therefore, the parties have negotiated and agreed that in the event that Construction Manager does not achieve Physical Completion or Final Completion of M phase the Project by the dates specified in the Guaranteed Maximum Price Amendment, the Owner shall have the right to elect among the following remedies: 1) continue to allow the Construction Manager to work toward Physical Completion and Final Additions and Deletions Report for AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 18 reproduction or distribution of this AIAI" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. 204 User Notes: (1196247088) Completion, provided that for each day of delay, Construction Manager shall pay to the Owner as liquidated damages, the sum of $2,000 per day until Owner determines that the relevant completion has occurred; and 2) terminate this Agreement and brim action, including without limitation for breach of contract seeking actual damages. The liquidated damages sum shall apply separately to each phase so that if, for example, two phases are delayed, the liquidated damages would be $4,000 per day for each day both phases are delayed. The parties agree that the liquidated damages amount is a reasonable estimate of actual damages and not a penalty. Section 3.12. 10 of A201-2007 shall apply to both the Preconstruction and Construction Phases. In addition, Construction Manager shall furnish professional and competent construction administration and management services, including provision of sufficient quantities of fully_ qualified, competent and experienced personnel capable of performing the services set forth in this Agreement. The parties shall endeavor to promote harmony and cooperation among the Owner, Architect, Construction Manager and other persons or entities employ ed by the parties for the Project to the fullest extent possible in order to further the interests of the Owner and to effect prompt completion of the Project in accordance with the requirements of the Contract, including but not limited to, the Contract Time and the Total Contract Cost. PAGE 18 2.6 Subcontractinq § 2.6.1 Other than the Specified General Conditions and Negotiated Support Services, all Work on the Project shall be competitively bid with public bid openings and as otherwise provided by RCW 39.10.380 through .410. In the event of conflict with the Contract and Chapter 39.10 RCW, the statute will govern. Subcontract Work shall not be issued for bid until the Owner has approved a Subcontract Plan prepared by the Construction Manager. The Construction Manager shall organize and solicit bids for the subcontract Work to accomplish the Work in the most efficient and cost effective manner possible. The Construction Manager may not use any alternates without approval of the Owner. Without limiting the Owner's right to approve a Subcontract Plan, one of the primary interests of the Owner in approving the Subcontract Plan is to satisfy itself that, in the event that the Construction Manager desires to self -bid on M bid package(s), that such bid package(s) does not give the Construction Manager an unfair advantage. 2.6.2 As part of the Specified General Conditions Work, the Construction Manager shall be responsible for all costs associated with the subcontracting process including, but not necessarily limited to: Developing solicitations for Subcontract packages. Site tours. Responding to questions from bidders. Providing bid opening facility. Bidding in accordance with public works requirements. Contract award. § 2.6,3 Solicitations of Subcontractors by the Construction Manager shall be made in accordance with the following procedures: 2.6,3,1 All Subcontractor bids will be required to be written, signed, and submitted in a sealed envelope at a specific time and to a specific location, where the bids will be publicly opened and read aloud. 2.6,3,2 All Subcontractor bids shall include the following language: BIDS HELD OPEN FOR MINIMUM NINETY (90) DAYS AND TERMINATION OF PROPOSED BID AWARD FOR NON -APPROPRIATION OF FUNDS — The low responsive responsible bidder for every bid package shall hold its bid open for formal acceptance a minimum of nine!y (ty_90) days from the date of announcement of each proposed bid award and, at Owner's sole discretion, shall hold its bid open an additional fifteen (15) days. If, (1) Owner is not appropriated sufficient funds for the ;roods or services required for a bid package in order to proceed with this proposed contract award in its entirety, or (2), contract award is dependent on funding from other sources and that funding is withdrawn, reduced, or limited in any way before the award of this contract and Owner, in its sole reasonable judgment, does not have other available funds to award this contract, Owner, in its sole discretion, Additions and Deletions Report for AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 19 reproduction or distribution of this AIAI" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (11962475 may terminate the proposed contract award by 10 days written notice to Construction Manager. If the award is terminated, no low responsive responsible bidder shall be entitled to any monetary, legal, or equitable relief. § 2.6.3.3 Solicitations for bids will be advertised in advance in the Seattle Daily_ Journal of Commerce, Public Notice Section, and Seattle Times, Public Notice Section. 2.6.3.4 Bidders may obtain the bid results by telephone from the Construction Manager. Any such calls to the Owner will be referred to the Construction Manager. 2.6.3.5 When critical to the successful completion of a Subcontractor bid package, the Construction Manager may evaluate for bidding eligibility a Subcontractor's ability, time, budget, and specification requirements based on the Subcontractor's performance of those items on previous projects. Subcontract bid packages shall be awarded to the responsible bidder submitting the low responsive bid. The requirements of RCW 39.30.380 through .410 apply to each subcontract bid package. The Construction Manager shall be responsible for ensuring all of these requirements are complied with. The Construction Manager will describe responsiveness requirements and bidding procedures in each bid solicitation and will review the requirements and procedures with the Owner prior to issuing each bid solicitation. 2.6.4 The Construction Manager shall comply with applicable Subcontractor bidding procedures, including without limitation RCW 39.10.380 and, if approved by Owner, RCW 39.10.385. 2.6.5 The Construction Manager may only bid on a subcontract package with the permission of the Owner and if the requirements of RCW 39.10.390 are met. § 2.7 Nondiscrimination and Disadvantaged Business Enterprises 2.7.1 Notwithstanding an. other ther provisions herein, this Contract does not require any Specific utilization levels of minorities or women in the Construction Manager's workforce, except as may be specified in any federal regulations or statutes included or referenced in the Contract. The Owner encourages the Construction Manager to employ a workforce reflective of the region's diversity. The Construction Manager shall adhere to all non-discrimination requirements set forth in Federal and State laws and regulations and in local applicable provisions. § 2.7.2 During the performance of the Work, the Construction Manager will not discriminate against any ent0oyee or applicant for employment because of race, religion, creed, color, sex, marital status, sexual orientation, gender identity, political ideology, ancestry, national origin, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification. 2.7.3 Disadvantaged Business Enterprise Requirements 1. General. Currently, minority and woman businesses and workers are under -represented on City of Tukwila construction projects. The Construction Manager acknowledges that the Owner has specific goals to promote and ensure eguali1y for employees and women and minority owned businesses in the construction of the Project. Construction Manager must perform affirmative, good faith, and meaningful efforts for outreach and subcontract participation of Disadvantaged Business Enterprises, as that term is defined in RCW 39.10.210 ("DBEs"). No minimum level of DBE Subcontractor participation shall be required as a condition of receiving award; provided, however, that any affirmative action requirements set forth in any federal regulations or statutes included or referenced in the Contract will continue to apply. 2. Non -Discrimination. The Construction Manager shall not create barriers to open and fair opportunities for DBEs to participate in all contracts and to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services. In considering offers from and doing business with Subcontractors and suppliers, the Construction Manager shall not discriminate on the basis of race, religion, creed, color, sex, marital status, sexual orientation, gender identity, political ideology, ancestry, national origin, or the presence of any sensory, mental or physical handicap. 3. Record -Keeping. The Construction Manager shall maintain, for at least twelve (12) months after completion of this Contract, relevant records and information necessary to document the Construction Manager's Additions and Deletions Report for AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 20 reproduction or distribution of this AIAI" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. 206 User Notes: (1196247088) utilization of DBEs and other businesses as Subcontractors and suppliers under this Agreement and in its overall public and private business activities. The Owner shall have the right to inspect and copy such records. If this Contract involves federal funds, the Construction Manager shall comply with all record- keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the Contract. 4. Sanctions for Violation. Any violation of the mandatory requirements of the provisions of this Section shall be a material breach of contract for which the Construction Manager may be subject to damages and sanctions provided for by the Agreement and by applicable law. § 3.1 Informs+in-n and Seskes Required -of the GlUne.information Required of the Owner The Owner shall provide information with reasonable promptness, regarding requirements for and limitations on the Project. sttsta4i4ability and site r-eqttir-e-mei4ts. § 3.1.3 444e Qymer- sha4l establish and pefiadiea4t, ttpda4e t1w gymer-'s bttdget for- t1w Pr-qjeet, inelffdi-ng (1) the budget for- the Cost of the Alafk as de4Hed in Seefiai4 6.1.1, (2) the Qwwr-'s other- easts, and (4) wasai4able seape ra qttaliPy. § 3.1.4.1 The Ow+ier- shall ftimish tests, 4ispeetiwis wid wpai4s rv"ifed by law and as atlwfwise agreed to by 04e pm4ies, stieh as stme4wa4, meeha*ioal, and ehemiea4 tests, tests �qr- aif and water- polItAiwi, and tests �qr- hazafdatfs to als Additions and Deletions Report for AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 21 reproduction or distribution of this AIAI" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (11962477 The Owner shall identify a representative authorized to act on behalf of the Owner with respect to the Project. The Owner's Designated Representative shall render decisions promptly and furnish information expeditiously, so as to avoid unreasonable delay in the services or Work of the Construction Manager. Except as otherwise provided in Section 4.2.1 of A201-2007, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's ^„thar-ize -epr- S01 ta4i e. Designated Representative. PAGE 20 The Owner shall retain an Architect to provide services, Eluties and responsibilities as described in AIA Document 13133T14-2014, Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition. The Owner shall provide the Construction Manager a copy of the executed agreement between the Owner and the Architect, and any further modifications to the agreement. Payments based on the number of hours expended multiplied by the rates stated in Exhibit B, up to and not to exceed the Preconstruction Services NTE Limit, as further described in Section 2.1.4. § 4.1.3 If the Preconstruction Phase services covered by this Agreement have not been completed fir—O ,.,,,R44s of the date of this Agreem°^* by the end of the months stated in Section 2.1.1, through no fault of the Construction Manager, the Construction Manager's compensation for Preconstruction Phase services shall be equitably adjusted. § 4.1,4 Compensation based on TMre^* Pe+samw E*peff o the rates stated in Exhibit B includes the direct salaries of the Construction Manager's personnel providing Preconstruction Phase services on the Project and the Construction Manager's costs for the mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. § 4.2.1 . Construction Manager, on a monthly basis, may invoice the Owner for Preconstruction Services performed in the prior month. Labor charges shall be based on the rates set forth in Exhibit B. Such rates shall be compensation for an and all expenses and costs of the Construction Manager other than reimbursables. Reimbursables must be accompanied by appropriate receipts or other evidence of expenditure. Reimbursables are for items such as long distance travel, research, copying and documentation, etc. With regard to travel, the Preconstruction Services NTE Limit includes local travel and parking costs, but does not include the costs of long distance trips made outside the ;treater Seattle -Tacoma metropolitan area by employees the Construction Manager in connection with the Work. Provided the Owner approves such travel in writing in advance of the Construction Manager incurring the expense, the Owner shall reimburse the Construction Manager for its actual travel costs, including lodging and meals, except that lodging and meal expenses for long distance trips shall not exceed the current Runzheimer index amounts for the metropolitan areas visited. Travel shall be at the lowest cost reasonably available. Additions and Deletions Report for AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAI”' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 22 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. 208 User Notes: (1196247088) § 4.2.2 Payments are due and payable ttpei4 pr-esettatk of tke GE)i4sWbietiEw Manager -'s iiwaieeAmatmnswwid-4 ) days after- 4io 44vaiee da4e sha4l beaf 44ter-est a4 the fate epAer-ed below, or- in tke absetwe tker-eaf at the legal fate ��thirt�30) days after presentation of the Construction Mana er's invoice, subject to Owner's ri ht to withhold payment under the Contract Documents. PAGE 21 § 5.1 For the Construction Manager's performance of the Work as described in Section 2.3, the Owner shall pay the Construction Manager the Seetiai4 6.1.47 -Specified General Conditions, the Negotiated Support Services, and the Cost of the Work for the Construction Phase plus the Construction Manager's Fee. fie -}(Stated as a percentage of Cost of the Work) § 5.1.2 The :Specified General Conditions: § 5.1.3 Wef1-.The Negotiated Support Services: 916) ef the sta-ndaf r-a4e paid a4 the plaee of the Pr-qjeet. Units and 1 imitatinna Pke per Unit ($0.00) § 5.2 Guaranteed Maximum Pri,.eMaximum Allowable Construction Cost § 5.2.1 The Construction Manager guarantees that the r^„+-aet Stt sha4 w)t e*eeed the r,,,.,ai4tee Ma* Pie -Cost of the Work for the Construction Phase and Negotiated Support Services shall not collectivelv exceed the Maximum Allowable Construction Cost set forth in the Guaranteed Maximum Price Amendment, as it is amended from time to time. To the extent the Cost of the Work e*eeeds tke r ar-apAee Ma?i ,pea P.;^o and Negotiated Support Services collectively exceed the Maximum Allowable Construction Cost, the Construction Manager shall bear such costs in excess of the r da+a tee ,,, &4ff,,,ri, P,.;^^ Maximum Allowable Construction Cost without reimbursement or additional compensation from the Owner. § 5.2.2 The CmaFap ee Maxi,, P.;^o Maximum Allowable Construction Cost is subject to additions and deductions by Change Order as provided in the Contract Documents and the Date of Substantial Completion shall be subject to adjustment as provided in the Contract Documents. Additions and Deletions Report for AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 23 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (11962479 § 5.3.2 Adjustments to the Cmar-a tee >" a?J+.,um P.;^o MACC on account of changes in the Work subsequent to the execution of the Guaranteed Maximum Price Amendment may be determined by any of the methods listed in Section 7.3.3 of AIA Document A201-2007, General Conditions of the Contract for r^^ rConstruction, and all of Article 7 shall apply to such adjustments. § 5.3.3 In calculating adjustments to subcontracts (except those awarded with the Owner's prior consent on the basis of cost plus a fee), +'' calculations of "cost" and "fee" as used in Section 7.3.3.3 of AIA Document A201- 2007 and the tefm "costs" as used in Section 7.3.7 of AIA Document A201-2007 shall hm,e the +Rea .4i4es assieiw be consistent with Section 7.5 of A201-2007. § 5.3.4 In calculating adjustments to the Cma+a tee >"ra?4H ,,,., Pr4ee MACC, the terms "cost" and "costs" as used in the above -referenced provisions of AIA Document A201-2007 shall mean the Cost of the Work as defined in Sections 6.1 to 6.7 of this Agreement and the term "fee" shall mean the rai4stp etiai Manager -'s Fee as de4Hed ifi Seel a 5.1 of this n g+eem + be consistent with Section 7.5 of A201-2007. PAGE 22 § 6.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Construction Manager in the proper performance of the Work. Such costs shall be at rates not higher than the standard paid at the place of the Project except with prior consent of the Owner. The Cost of the Work shall include only the items set forth in Sections 6.1 through 6,7,6.7, except to the extent payment for such items would conflict with the Contract Documents. 6.1.1.1 Notwithstanding Section 6.1.1, the Cost of the Work shall not include any costs or items that are included in the Specified General Conditions or the Negotiated Support Services, even if set forth in Sections 6.1 through 6.7. § 6.2.2 w4ether- for- all or- afilypaA of their- fi+Re, and t4e r-a4es at w4i& t4ei+ time will be e4ffged to the Wafk.) [Intentionally Omitted. § 6.2.3 Intentionally Omitted.l § 6.2.4 Costs paid or incurred by the Construction Manager for taxes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Seefia^s 6.2.1 th+attgh 6.2.Section 6.2.1. PAGE 23 Additions and Deletions Report for AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 24 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. 210 User Notes: (1196247088) § 6,6,5 Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent rights arising from such requirement of the Contract Documents; and payments made in accordance with legal judgments against the Construction Manager resulting from such suits or claims and payments of settlements made with the Owner's consent. However, such costs of legal defenses, judgments and settlements shall not be included in the calculation of the Construction Manager's Fee or subject to the r_,,., a fft e r,raxi fi._,ri. Pfie, MACC. If such royalties, fees and costs are excluded by the last sentence of Section 3.17 of AIA Document A201-2007 or other provisions of the Contract Documents, then they shall not be included in the Cost of the Work. PAGE 24 7 Costs, other than costs included in Change Orders approved by the Owner, that would cause the GuffaR4ee r, a*i+P2& P.;^o MACC to be exceeded; and § 6. 10.1 For purposes of Section 6. 10, the term "related parry" shall mean a parent, subsidiary, affiliate or other entity having common ownership or management with the Construction Manager; any entity in which any stockholder in, or management employee of, the Construction Manager owns any interest in excess of ten percent in the aggregate; or any person or entity ,ethat has the right to control the business or affairs of the Construction Manager. The term "related parry" includes any member of the immediate family of any person identified above. PAGE 25 The Construction Manager shall keep full and detailed records and accounts related to the cost of the Work and exercise such controls as may be necessary for proper financial management under this Contract and to substantiate all costs incurred. The accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's ^auditors, accountants, Owner's Designated Representative, or other internal staff shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Construction Manager's records and accounts, including complete documentation supporting accounting entries, books, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor's proposals, purchase orders, vouchers, memoranda and other data relating to this Contract. The Construction Manager shall preserve these records for a period of three (years after final payment, or for such longer period as may be required by flaw and Owner may demand access to the records during this period of time. Construction Manager shall ensure that Owner's rights under this section are a condition of any Subcontract, agreement or other arrangement under which M person or entity is permitted to perforin work in connection with or related to the Work. § 7.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the +Rai4t , s f "^_ :month. § 7.1.3 Provided that an Application for Payment is r€e€ived by the Arehiteeti4at later- t4an- the of ^ m^^*' 444 complete, accurate, and contains the required accgMMing documentation, the Owner shall make payment of the certified amount to the Construction Manager iiet later- t4an t4e day of�e r*h. if a A ppliea ;,,,�qr-Rei4t t4aH—( ) days -iter--tt4e A+&iteet weeiyes--t4e Appliea4;,,, ie�t. within thirta30) days of the Certificate for Payment or such other time as may be required by pplicable law. § 7.1,4 With each Application for Payment, the Construction Manager shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Construction Manager on account of the Cost of the Work equal or exceed progress payments already received by the Construction Manager, less that portion of Additions and Deletions Report for AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 25 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (119624721) 1 those payments attributable to the Construction Manager's Fee, plus payrolls for the period covered by the present Application for Payment. The Construction Manager shall also submit other documentation required by the Contract Documents including the documentation required by A201-2007 Section 9.3.1.3. § 7.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the Construction Manager in accordance with the Contract Documents. The schedule of values shall allocate the entire Guafaffteed r,r&dtF„m Pfiee Total Contract Cost (TCC) among the various portions of the Work, except that the Construction Manager's Fee shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Construction Manager's Applications for Payment. § 7.1.6 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed, or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Construction Manager on account of that portion of the Work for which the Construction Manager has made or intends to make actual payment prior to the next Application for Payment by (b) the share of the r„^+^^tee r, a* ,, P.;^^ MACC allocated to that portion of the Work in the schedule of values. .1 Take that portion of the r„^,.^ntee r,r^.,;,.,tt P.;^^ MACC properly allocable to completed Work during the period covered by the Application for Payment as determined by multiplying the percentage of completion of each portion of the Work during that period by the share of the GtwaR4ee r,r^.,:,.,u P.;^^ MACC allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201-2007; .2 Add that portion of the r„^,.^„tee r, a?J+.,um P.;^^ MACC properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 Add the Construction Manager's Fee, less r-e-tai-nag€of per-c€i4t( %)-.Fee. The Construction Manager's Fee shall be computed upon the Cost of the Work at the rate stated in Section 5.1 or-, if the same F-a4ia to 41a4 fi?ked SHM fee as tke Cost of tke Wafk bear -S to a reasonable estimate of tke pfebable Cost of the Wef4i "pei4 its ;5.1.1; .4 Subtract retainage of ° self five percent ( 5 %) from the sum of Subsections .1 through .3 above; .5 Subtract the , S - 11t r- -A e, t *a shortfall, if any, indicated by the Construction Manager in the documentation required by Section 7.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and .7.6 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2007. § 7.1.8 Retainage. As reflected in Section 7.1.7, the Owner shall reserve from each progress payment a retainage not to exceed five percent (5%) of the monies earned by the Construction Manager pursuant to Chapter 60.28 RCW, which shall also govern the rights and obligations of the Owner, the Construction Manager, and others with an interest in the retainage. Construction Manager shall declare option for management of statutory retained percentage of this Agreement by checking applicable box below and affixing signature and date. 1 Construction Manager hereby elects to have the retained percentage of this Agreement held in a non- interest bearing fund by the Owner until sixty(60) days following the Final Completion Date. Additions and Deletions Report for AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 26 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. 212 User Notes: (1196247088) PAGE 27 [ l Bond in lieu of retainage. [ 1 Construction Manager hereby elects to have Owner invest the retained percentage of the Contract from time to time as such retained percentage accrues and in accordance with RCW 60.28.011,.02 1, and .051, as amended. Construction Manager hereby designates: Name of Financial Institution Address of Financial Institution City, State, Zip Code of Financial Institution as the repository for the escrow of said funds. Construction Manager hereby further agrees to be fully responsible for payment of all costs or fees incurred as a result of placing said retained percentage in escrow and investing it as authorized by statute and to assume all risks in connection with the investment of the retained percentages in securities. The Owner shall not be liable in any way for any cost or fees in connection therewith. By: Date .2 the Construction Manager has submitted a final accounting for the Cost of the Work and a final Application for Payment; affd .3 a final Certificate for Payment has been issued by the ^ re44e-c4. by the Architect; .4 the Construction Manager has submitted all required close-out documents, including without limitation warranties, Operation & Maintenance manuals, as -built documents, and such documents have been approved by the Architect; .5 a Consent of Surety for release of retainage; .6 Owner receives required governmental approvals for release retainage: Certificate of Payment of State Excise Taxes by Public Works Contractor from the State Department of Revenue, Certificate of Payment of Contributions Penalties and Interest on Public Works Contract from the Employment Securities Department, and Certificates approved by all other departments and agencies having jurisdiction over the activities of the Construction Manager, as appropriate for the Work performed; 4:4e Oymer-'s 4Hal pa��epA to t4e Gai4stpdefiai4 Mai4ager- s4all be made i4a later- 4iaH �O days after- t4e isstianee .,f toe A,-&;teet's a„^i Gei4 fw t^ fg v^.,,.,^,,.or- s f911aws: 7 Affidavits from the Construction Manager approved by the Industrial Statistician of the Washington State Department of Labor and Industries statim that the Construction Manager and all Subcontractors and material suppliers for the project have been paid in full (Affidavit of Wages Paid); and .8 Owner's governing body has taken formal action to accept the Project. § 7.2.2 The Owner's auditors or desi;;nees will review and report in writing on the Construction Manager's final accounting within 30 days after delivery of the final accounting to the Owner and Architect by the Construction Manager. Based upon such Cost of the Work as the n, mer-'^ a+td t^r^ , paA to be Owner determines is 'substantiated by the Construction Manager's final accounting, and provided the other conditions of Section 7.2.1 have been met, the Architect will, within seven days after receipt of the written wpai4 of the nwiw .'s a+td to .s Additions and Deletions Report for AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 27 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1 1 9 6 24 721)3 report, either issue to the Owner a final Certificate for Payment with a copy to the Construction Manager, or notify the Construction Manager and Owner in writing of the Architect's or Owner's reasons for withholding a certificate as provided in Section 9.5.1 of the AIA Document A201-2007. The time periods stated in this Section supersede those stated in Section 9.4.1 of the AIA Document A201-2007. 44io ^ ehiteet is i4at ,.ospEwsible f r ver -4 44g *' PAGE 28 § 7.2.4 If, subsequent to final ^ e^* and a4 the r yme r est tke Gai4st etiai Manager- i^ attr- payment, the Owner' requests Construction Manager to perforin services that would require the Construction Manager to incur costs described in Section 6. 1.1 and not excluded by Section 6.9 to eaffee* def eti e ^r ^ai4ea4 ,m,;,,,. Wer-- 6.8 the Construction Manager shall notify the Owner and estimate the cost of such services. Construction Manager shall not be required to perforin any such services unless Owner agrees in writing to pay Construction Manager for such services as a Cost of Work. If the Owner approves the estimate in writing, the Owner shall reimburse the Construction Manager such costs 'on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Qaaar-, ii-te ,a r,-,._dfFt ri. MACC. If the Construction Manager has participated in savings as provided in Section 5.2.1, the amount of such savings shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Construction Manager. For all phases of the Project, the Construction Manager and the Owner shall purchase and maintain insurance, and the Construction Manager shall provide bonds as set forth in Article 11 of AIA Paettmei4t A201 28(� ^''�;. 11.4 of AIA Document A201-2007. § 9.2 For any Claim subject to, but not resolved by mediation pursuant to Section x' -15 of AIA Document A201- 2007, the method of binding dispute resolution shall be as follows: [ X ] Litigation in a court of competent jurisdiction in King County, Washington. Initial Decision Maker - To be determined. § 10.1 Tpffml .atlon PrIor to Cs+.ahl2a-hment of the ! ----a anteed Waxim, im PrineTermination Prior to Establishment of the Maximu m Allowable Construction Cost § 10. 1.2 In the event of termination of this Agreement pursuant to Section 10.1.1, the Construction Manager shall be equitably compensated for Preconstruction Phase services performed prior to receipt of a notice of termination. In no event shall the Construction Manager's compensation under this Section exceed the ^^m^014sa4 ^^ sOt f914h ;,, SeetiEw 4.rPreconstruction Services NTE Limit (or, if not established, then the Preconstruction Services Allowance) multiplied by the percentage of the total Preconstruction Services actually performed. Additions and Deletions Report for AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 28 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. 214 User Notes: (1196247088) PAGE 29 Add the Construction Manager's Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section 5.1 or-, if tke Gai4st etiai Manager -'s Fee is statO' as a f4*0d sttM ifi 4ia4 '5.1; and § 10.2 Tpffmin,aatl n Subsequent to Establishing Guaranteed 111laxim,lm PrineTermination Subsequent to Establishing Maximum Allowance Construction Cost § 10.2.2 If the Construction Manager terminates the Contract after execution of the Guaranteed Maximum Price Amendment, the amount payable to the Construction Manager under Section 14.1.3 of A201-2007 shall not exceed the amount the Construction Manager would otherwise have received under Sections 10. 1.2 and 10. 1.3 above, GOMPI 'above. The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007. In such case, the r,,,.,.aweea N4e3ij++H ri. P-4ee MACC and Contract Time shall be increased as provided in Section 14.3.2 of AIA Document A201-2007, except that the term "profit" shall be understood to mean the Construction Manager's Fee as described in Sections 5.1 and 5.3.5 of this Agreement. § 11.1 Terms in this Agreement shall have the same meaning as those in A404—�.A201-2007, except where otherwise stated herein. PAGE 30 The Owner and Construction Manager, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither- the Qymer- „^ . the r^„stFdef; ^„ r,r, +iag^ . s4all , „ t4is n gree e+i Except as provided in Section 13.2.2 of A201-2007, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 11.5.1 Meaning of Words. Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. Reference to standard specifications, manuals, or codes of any technical society, organization, or association, or to the code of M governmental authority, whether such reference be specific or biMplication, shall be to the latest standard specification, manual, or code in effect on the date for submission of bids, except as may be otherwise specifically stated. Wherever in these Drawings and Specifications an article, device, or piece of equipment is referred to in the singular manner, such reference shall apply to as many such articles as are shown on the drawings, or required to complete the installation. Additions and Deletions Report for AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 29 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1 1 9 6 24 721)5 § 11.5.2 Rights and Remedies. No action or failure to act by Owner or Architect shall constitute a waiver of a right or duty afforded them under the Contract Documents, nor shall such action or failure to act constitute approval of an acquiescence in a breach therein, except as may be specifically agreed in writing. § 11,5,3 Contractor Registration. Pursuant to RCW 39.06, Construction Manager shall be registered or licensed as required by the laws of the State of Washington, including but not limited to RCW 18.27. 11.5.4 Time Computations. When computing M period of time, the day of the event from which the period of time begins shall not be counted. The last day is counted unless it falls on a weekend or legal holiday, in which event the period runs until the end of the next day that is not a weekend or holiday. When the period of time allowed is less than 7 days, intermediate Saturdays, Sundays, and legal holidays are excluded from the computation. 11.5.5 Records Retention. The wage, payroll, and cost records of Construction Manager, and its Subcontractors, and all records subject to audit in accordance with the Contract Documents, shall be retained for a period of not less than three (3) years after the date of Completion. § 11.5,6 Third—party Agreements. The Contract Documents shall not be construed to create a contractual relationship of any kind between: the Architect and Construction Manager; Owner and any Subcontractor; or M persons other than Owner and Construction Manager. 11.5,7 Amendments. No modification or amendment of the provisions hereof shall be effective unless in writing and signed by authorized representatives of the parties. The parties expressly reserve the right to modify this Agreement, from time to time, by mutual agreement. 11,5,8 Executory Agreement. This Agreement will not be considered valid until signed by both parties. 11,5,9 Binding Effect. The provisions, covenants and conditions in the Contract apply to bind the parties, their legal heirs, representatives, successors, and assigns. 11.5,10 Applicable Law; Venue. The Contract shall be construed and interpreted in accordance with the laws of the State of Washington. The venue of any action brought under the Contract shall be in the Superior Court for King County. § 11.5,11 Remedies Cumulative. Rights under the Contract are cumulative: the failure to exercise on anv occasion any right shall not operate to forfeit such right on another occasion. The use of one remedy shall not be taken to exclude or waive the right to use another. § 11.5,12 Captions. The titles of sections are for convenience only and do not define or limit the contents. § 11.5,13 Invalidity of Particular Provisions. A judicial determination that any term, provision, condition, or other portion of the Contract, or its application, is inoperative, invalid, or unenforceable shall not affect the remaining terms, provisions, conditions, or other portions of the Contract, nor shall such a determination affect the application of such term, provision, condition, or portion to persons or in circumstances other than those directly involved in the determination in which it is held to be inoperative, invalid, or unenforceable, and as to such other persons or in such other circumstances it shall continue in full force and effect. 11.5.14 No Waiver. No waiver of full performance by either party shall be construed, or operate, as a waiver of any subsequent default or breach of any of the terms, covenants or conditions of the Contract. The payment of compensation to the Construction Manager shall not be deemed a waiver of any right or the acceptance of defective performance. PAGE 31 AIA Document A133-2009, Standard Forth of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, as modified by the parties, and including: Additions and Deletions Report for AIA Document A133 TM — 2009 (formerly A121 TMCMc — 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 30 reproduction or distribution of this AIAI" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. 216 User Notes: (1196247088) Exhibit A: Guaranteed Maximum Price Amendment (to be completed after MACC negotiations) Exhibit B: Construction Manager's Hourly Rates .2 AIA Document A201-2007, General Conditions of the Contract for Ge^Construction, as modified by the parties Other daettmei4tsi (1 44 0040F d06th%014S, if afi�" fBfFA44g pai4 of the Ag+ee+ReW,.4dcumcnts identified as Contract documents in this Agreement or the A201-2007.: Additions and Deletions Report for AIA Document A133 TM — 2009 (formerly A121 TMCMC — 2003). Copyright@ 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAIRI Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 31 reproduction or distribution of this AIAI" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (119624-21)7 218 Certification of Document's Authenticity AIA° Document D401 TM —2003 I, Athan Tramountanas, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 18:49:03 on 10/27/2017 under Order No. 3600792784 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A133TM — 2009, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401 TM — 2003. Copyright© 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIAc' 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 18:49:03 on 10/27/2017 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1196247088 Q1%, 220 TM AIADocument A201 -2007 General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address) Tukwila Fire Stations 51, 52 and 54 Tukwila WA ADDITIONS AND DELETIONS: The author of this document has added information needed for its THE OWNER: completion. The author may also (Name, legal status and address) have revised the text of the original City of Tukwila AIA standard form. An Additions and Deletions Report that notes added 6200 Southcenter Boulevard information as well as revisions to Tukwila WA 98188 the standard form text is available from the author and should be reviewed. A vertical line in the left THE ARCHITECT: margin of this document indicates (Name, legal status and address) where the author has added Weinstein A+U LLC, Limited Liability Company necessary information and where dba: Weinstein A+U Architects + Urban Designers LLC the author has added to or deleted 2200 Western Avenue Suite 301 from the original AIA text. Seattle, Washington 98121 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ARCHITECT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAI" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD221 Init. 222 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES INDEX (Topics and numbers in bold are section headings.) Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8, 13.4.2, 13.7, 14.1, 15.2 Addenda 1.1.1, 3.11.1 Additional Costs, Claims for 3.7.4, 3.7.5, 6.1.1, 7.3.7.5, 10.3, 15.1.4 Additional Inspections and Testing 9.4.2, 9.8.3, 12.2.1, 13.5 Additional Insured 11.1.4 Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.5 Administration of the Contract 3.1.3, 4.2, 9.4, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13 Allowances 3.8, 7.3.8 All-risk Insurance 11.3.1, 11.3.1.1 Applications for Payment 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7, 9. 10, 11.1.3 Approvals 2.1.1, 2.2.2, 2.4, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12. 10, 4.2.7, 9.3.2, 13.5.1 Arbitration 8.3.1, 11.3.10, 13.1.1, 15.3.2, 15.4 ARCHITECT 4 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.4.1, 3.12.7, 4.1, 4.2, 5.2, 6.3, 7.1.2, 7.3.7, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4, 15.1.3, 15.2.1 Architect, Limitations of Authority and Responsibility 2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 9.4.2, 9.5.3, 9.6.4, 15.1.3, 15.2 Architect's Additional Services and Expenses 2.4.1, 11.3.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 Architect's Administration of the Contract 3.1.3, 4.2, 3.7.4, 15.2, 9.4.1, 9.5 Architect's Approvals 2.4.1, 3.1.3, 3.5, 3.10.2, 4.2.7 Architect's Authority to Reject Work 3.5, 4.2.6, 12.1.2, 12.2.1 Architect's Copyright 1.1.7, 1.5 Architect's Decisions 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.5.2, 15.2, 15.3 Architect's Inspections 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.5 Architect's Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.5.2 Architect's Interpretations 4.2.11, 4.2.12 Architect's Project Representative 4.2.10 Architect's Relationship with Contractor 1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.4.2, 13.5, 15.2 Architect's Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3.7 Architect's Representations 9.4.2, 9.5.1, 9.10.1 Architect's Site Visits 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 Asbestos 10.3.1 Attorneys' Fees 3.18.1, 9.10.2, 10.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1, 5.2.1, 11.4.1 AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 2 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139ADA2A) Binding Dispute Resolution 9.7, 11.3.9, 11.3.10, 13.1.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.4.1 Boiler and Machinery Insurance 11.3.2 Bonds, Lien 7.3.7.4, 9.10.2, 9.10.3 Bonds, Performance, and Payment 7.3.7.4, 9.6.7, 9.10.3, 11.3.9, 11.4 Building Permit 3.7.1 Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 Certificates for Payment 4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.3 Certificates of Inspection, Testing or Approval 13.5.4 Certificates of Insurance 9.10.2, 11.1.3 Change Orders 1. 1. 1, 2.4.1, 3.4.2, 3.7.4, 3.8.2.3, 3.11.1, 3.12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.6, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.3.1.2, 11.3.4, 11.3.9, 12.1.2, 15.1.3 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 2.2.1, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 8.3.1, 9.3. 1. 1, 11.3.9 Claims, Definition of 15.1.1 CLAIMS AND DISPUTES 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4 Claims and Timely Assertion of Claims 15.4.1 Claims for Additional Cost 3.2.4, 3.7.4, 6.1.1, 7.3.9, 10.3.2, 15.1.4 Claims for Additional Time 3.2.4, 3.7.46.1.1, 8.3.2, 10.3.2, 15.1.5 Concealed or Unknown Conditions, Claims for 3.7.4 Claims for Damages 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11. 1. 1, 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 Claims Subject to Arbitration 15.3.1, 15.4.1 Cleaning Up 3.15, 6.3 Commencement of the Work, Conditions Relating to 2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.3.1, 11.3.6, 11.4. 1, 15.1.4 Commencement of the Work, Definition of 8.1.2 Communications Facilitating Contract Administration 3.9.1, 4.2.4 Completion, Conditions Relating to 3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9. 1, 9.10, 12.2, 13.7, 14.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 13.7 Compliance with Laws 1.6.1, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 Concealed or Unknown Conditions 3.7.4, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 6.1.1, 6.1.4 Consent, Written 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.3.1, 13.2, 13.4.2, 15.4.4.2 Consolidation or Joinder 15.4.4 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1 Construction Schedules, Contractor's 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.3 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 11.3.9, 14 Contract Administration 3.1.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10, 5.2, 6.1, 11.1.3, 11.3.6, 11.4.1 Contract Documents, Copies Furnished and Use of 1.5.2, 2.2.5, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 3.7.4, 3.8, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.3.1, 14.2.4, 14.3.2, 15.1.4, 15.2.5 Contract Sum, Definition of AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 3 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD223 Init. 224 9.1 Contract Time 3.7.4, 3.7.5, 3.10.2, 5.2.3, 7.2.1.3, 7.3.1, 7.3.5, 7.4, 8.1.1, 8.2.1, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 14.3.2, 15.1.5.1, 15.2.5 Contract Time, Definition of 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 Contractor's Construction Schedules 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Contractor's Employees 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1 Contractor's Liability Insurance 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces 3.12.5, 3.14.2, 4.2.4, 6, 11.3.7, 12.1.2, 12.2.4 Contractor's Relationship with Subcontractors 1.2.2, 3.3.2, 3.18.1, 3.18.2, 5, 9.6.2, 9.6.7, 9.10.2, 11.3.1.2, 11.3.7, 11.3.8 Contractor's Relationship with the Architect 1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.5, 15.1.2, 15.2.1 Contractor's Representations 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Contractor's Responsibility for Those Performing the Work 3.3.2, 3.18, 5.3.1, 6.1.3, 6.2, 9.5.1, 10.2.8 Contractor's Review of Contract Documents 3.2 Contractor's Right to Stop the Work 9.7 Contractor's Right to Terminate the Contract 14.1, 15.1.6 Contractor's Submittals 3.10, 3.11, 3.12.4, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3, 11.1.3, 11.4.2 Contractor's Superintendent 3.9, 10.2.6 Contractor's Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.5, 7.3.7, 8.2, 10, 12, 14, 15.1.3 Contractual Liability Insurance 11.1.1.8, 11.2 Coordination and Correlation 1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.5, 2.2.5, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.3, 2.4, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.7 Costs 2.4.1, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.7, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.3, 12.1.2, 12.2.1, 12.2.4, 13.5, 14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 11.1.1, 11.3, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4.1, 11.3.1, 12.2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11. 1. 1, 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 Damages for Delay 6.1.1, 8.3.3, 9.5.1.6, 9.7, 10.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 15.2, 6.3, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.5.2, 14.2.2, 14.2.4, 15.1, 15.2 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.3.1, 2.4.1, 3.5, 4.2.6, 6.2.5, 9.5.1, 9.5.2, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Definitions 1. 1, 2.1.1, 3.1.1, 3.5, 3.12.1, 3.12.2, 3.12.3, 4. 1. 1, 15.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1 Delays and Extensions of Time 3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4.1, 14.3.2, 15.1.5, 15.2.5 Disputes 6.3, 7.3.9, 15.1, 15.2 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 3.11 Effective Date of Insurance 8.2.2, 11.1.2 Emergencies 10.4, 14.1.1.2, 15.1.4 AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 4 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3B9ADA2A) Employees, Contractor's 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1 Equipment, Labor, Materials or 1. 1. 3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13.1, 3.15. 1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.2.3, 2.2.5, 3.1, 3.3.1, 3.4.1, 3.5, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.5, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3 Extensions of Time 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 10.4.1, 14.3, 15.1.5, 15.2.5 Failure of Payment 9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.3.1, 11.3.5, 12.3.1, 14.2.4, 14.4.3 Financial Arrangements, Owner's 2.2.1, 13.2.2, 14.1.1.4 Fire and Extended Coverage Insurance 11.3.1.1 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials 10.2.4, 10.3 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17, 3.18, 9.10.2, 10.3.3, 10.3.5, 10.3.6, 11.3.1.2, 11.3.7 Information and Services Required of the Owner 2.1.2, 2.2, 3.2.2, 3.12.4, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.4, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 Initial Decision 15.2 Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Decisions 14.2.2, 14.2.4, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Initial Decision Maker, Extent of Authority 14.2.2, 14.2.4, 15.1.3, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Injury or Damage to Person or Property 10.2.8, 10.4.1 Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.5 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.5.2 Instruments of Service, Definition of 1.1.7 Insurance 3.18.1, 6.1.1, 7.3.7, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 11 Insurance, Boiler and Machinery 11.3.2 Insurance, Contractor's Liability 11.1 Insurance, Effective Date of 8.2.2, 11.1.2 Insurance, Loss of Use 11.3.3 Insurance, Owner's Liability 11.2 Insurance, Property 10.2.5, 11.3 Insurance, Stored Materials 9.3.2 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13, 7.4 Interest 13.6 Interpretation 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15.1.1 Interpretations, Written 4.2.11, 4.2.12, 15.1.4 Judgment on Final Award 15.4.2 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15. 1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13.1, 4.1.1, 9.6.4, 9.9. 1, 10.2.2, 11.1.1, 11.3, 13.1.1, 13.4, 13.5.1, 13.5.2, 13.6.1, 14, 15.2.8, 15.4 Liens 2.1.2, 9.3.3, 9.10.2, 9.10.4, 15.2.8 Limitations, Statutes of 12.2.5, 13.7, 15.4.1.1 Limitations of Liability 2.3.1, 3.2.2, 3.5, 3.12.10, 3.17, 3.18.1, 4.2.6, 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4,9.6.7, 10.2.5, 10.3.3, 11.1.2, 11.2, 11.3.7, 12.2.5, 13.4.2 Limitations of Time 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 5.2, 5.3.1, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 11.3.1.5, 11.3.6, 11.3.10, 12.2, 13.5, 13.7, 14, 15 AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 5 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD225 Init. 226 Loss of Use Insurance 11.3.3 Material Suppliers 1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.6, 9.10.5 Materials, Hazardous 10.2.4, 10.3 Materials, Labor, Equipment and 1.1.3, 1.1.6, 1.5.1, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 3.13.1, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Mechanic's Lien 2.1.2, 15.2.8 Mediation 8.3.1, 10.3.5, 10.3.6, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4.1 Minor Changes in the Work 1. 1. 1, 3.12.8, 4.2.8, 7.1, 7.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1. 1. 1, 1. 1.2, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2, 11.3.1 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2.3.1, 2.4.1, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Notice 2.2.1, 2.3.1, 2.4.1, 3.2.4, 3.3.1, 3.7.2, 3.12.9, 5.2.1, 9.7, 9.10, 10.2.2, 11.1.3, 12.2.2.1, 13.3, 13.5. 1, 13.5.2, 14.1, 14.2, 15.2.8, 15.4.1 Notice, Written 2.3.1, 2.4.1, 3.3.1, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 11.3.6, 12.2.2.1, 13.3, 14, 15.2.8, 15.4.1 Notice of Claims 3.7.4, 10.2.8, 15.1.2, 15.4 Notice of Testing and Inspections 13.5.1, 13.5.2 Observations, Contractor's 3.2, 3.7.4 Occupancy 2.2.2, 9.6.6, 9.8, 11.3.1.5 Orders, Written 1.1.1, 2.3, 3.9.2, 7, 8.2.2, 11.3.9, 12.1, 12.2.2.1, 13.5.2, 14.3.1 OWNER 2 Owner, Definition of 2.1.1 Owner, Information and Services Required of the 2.1.2, 2.2, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.3, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 Owner's Authority 1.5, 2.1.1, 2.3.1, 2.4.1, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.1.3, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.1.3, 11.3.3, 11.3.10, 12.2.2, 12.3.1, 13.2.2, 14.3, 14.4, 15.2.7 Owner's Financial Capability 2.2.1, 13.2.2, 14.1.1.4 Owner's Liability Insurance 11.2 Owner's Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner's Right to Carry Out the Work 2.4, 14.2.2 Owner's Right to Clean Up 6.3 Owner's Right to Perforin Construction and to Award Separate Contracts 6.1 Owner's Right to Stop the Work 2.3 Owner's Right to Suspend the Work 14.3 Owner's Right to Terminate the Contract 14.2 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.1.6, 1.1.7, 1.5, 2.2.5, 3.2.2, 3.11.1, 3.17, 4.2.12, 5.3.1 Partial Occupancy or Use 9.6.6, 9.9, 11.3.1.5 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9. 10. 1, 14.2.3, 14.2.4, 14.4.3 Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9. 10. 1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Payment, Failure of 9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2 Payment, Final 4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.4.1, 12.3.1, 13.7, 14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.7.4, 9.6.7, 9.10.3, 11.4 Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3 PAYMENTS AND COMPLETION AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 6 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139ADA2A) Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2 PCB 10.3.1 Performance Bond and Payment Bond 7.3.7.4, 9.6.7, 9.10.3, 11.4 Permits, Fees, Notices and Compliance with Laws 2.2.2, 3.7, 3.13, 7.3.7.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 Progress and Completion 4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.3 Progress Payments 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3 Project, Definition of 1.1.4 Project Representatives 4.2.10 Property Insurance 10.2.5, 11.3 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9. 1, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14, 15.2.8, 15.4 Rejection of Work 3.5, 4.2.6, 12.2.1 Releases and Waivers of Liens 9.10.2 Representations 3.2.1, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.4.2, 9.5. 1, 9.8.2, 9.10.1 Representatives 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.1, 4.2.2, 4.2.10, 5. 1. 1, 5.1.2, 13.2.1 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.3, 5.3.1, 6.1.3, 6.2, 6.3, 9.5. 1, 10 Retainage 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor 3.2, 3.12.7, 6.1.3 Review of Contractor's Submittals by Owner and Architect 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1. 1.2, 2.3, 2.4, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6. 1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, 13.4, 14, 15.4 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 15.4.1 Safety of Persons and Property 10.2, 10.4 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3.1, 10.1, 10.2, 10.4 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Separate Contracts and Contractors 1. 1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.4.2, 9.10.1, 13.5 Site Visits, Architect's 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 Special Inspections and Testing 4.2.6, 12.2.1, 13.5 Specifications, Definition of 1.1.6 Specifications 1.1.1, 1.1.6, 1.2.2, 1.5, 3.11, 3.12.10, 3.17, 4.2.14 Statute of Limitations 13.7, 15.4.1.1 Stopping the Work 2.3, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1 Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.7, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3, 11.1.3 AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 7 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD227 Init. 228 Submittal Schedule 3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of 6.1.1, 11.3.7 Substantial Completion 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 13.7 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 4.1.3 Substitutions of Materials 3.4.2, 3.5, 7.3.8 Sub -subcontractor, Definition of 5.1.2 Subsurface Conditions 3.7.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.7, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.3 Surety 5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2, 15.2.7 Surety, Consent of 9.10.2, 9.10.3 Surveys 2.2.3 Suspension by the Owner for Convenience 14.3 Suspension of the Work 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.1.1, 14 Taxes 3.6, 3.8.2.1, 7.3.7.4 Termination by the Contractor 14.1, 15.1.6 Termination by the Owner for Cause 5.4.1.1, 14.2, 15.1.6 Termination by the Owner for Convenience 14.4 Termination of the Architect 4.1.3 Termination of the Contractor 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 11.4.1.1, 12.2.1, 13.5 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4.1, 14.3.2, 15.1.5, 15.2.5 Time Limits 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 12.2, 13.5, 13.7, 14, 15.1.2, 15.4 Time Limits on Claims 3.7.4, 10.2.8, 13.7, 15.1.2 Title to Work 9.3.2, 9.3.3 Transmission of Data in Digital Forth 1.6 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.3.1, 10.3 Unit Prices 7.3.3.2, 7.3.4 Use of Documents 1.1.1, 1.5, 2.2.5, 3.12.6, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.4.2 Waiver of Claims by the Contractor 9.10.5, 13.4.2, 15.1.6 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.4.2, 14.2.4, 15.1.6 Waiver of Consequential Damages 14.2.4, 15.1.6 Waiver of Liens 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.3.7 Warranty 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2, 13.7 Weather Delays 15.1.5.2 Work, Definition of 1.1.3 Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.4.1, 13.2, 13.4.2, 15.4.4.2 Written Interpretations 4.2.11, 4.2.12 Written Notice 2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 5.2.1, 8.2.2, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 12.2.2, 12.2.4, 13.3, 14, 15.4.1 Written Orders AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 8 reproduction or distribution of this AIAI" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3B9ADA2A) 1.1.1, 2.3, 3.9, 7, 8.2.2, 12.1, 12.2, 13.5.2, 14.3.1, 15.1.2 AIA Document A201 TM — 2007. Copyright@ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAIRI Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAI" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD229 ARTICLE 1 GENERAL PROVISIONS § 1.1 BASIC DEFINITIONS § 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and once the parties execute the Guaranteed Maximum Price Amendment are as follows: the Agreement, and Guaranteed Maximum Price Amendment, Conditions of the Contract (General, Supplementary and other Conditions), approved Drawings and Specifications; approved Construction Schedule; approved Subcontract Plan; Modifications issued after execution of this Contract; the RFP document and its addenda for selection of the Contractor issued by the Owner; and the Contractor's written response to the RFP, including the fee proposal and price for Specified General Conditions Work. The order of precedence of these Contract Documents is: a. The AIA Document A133-2009, Standard Form of Agreement Between Owner and Construction Manager as Constructor, as modified by the parties, with the Guaranteed Maximum Price Amendment and Modifications having precedence; b. Revised A201 General Conditions; c. Specifications; d. Drawings (large scale have precedence over small scaled and written dimensions have precedence over scaled dimensions); e. Construction Schedule; f. Subcontract Plan g. RFP Documents; It. Contractor's Proposal; Notwithstanding this order of precedence, Section 1.2.1 controls in the event of a conflict or consistency in Contract Document terms. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. The Contract Documents form the Contract, which represents the entire and integrated agreement between the Parties and supersedes prior negotiations, representation or agreements, either written or oral. § 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect's consultants, (2) between the Owner and a Subcontractor or a Sub -subcontractor, except as set forth in Section 5.3 and Section 5.4 (3) between the Owner and the Architect or the Architect's consultants or (4) between any persons or entities other than the Owner and the Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. § 1.1.2.1 THE CONTRACTOR The term "Contractor" means the "Construction Manager," as identified and used in the Agreement, the modified AIA Document A133-2009. § 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. § 1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by separate contractors. The Work will be done in phases, by Fire Station: Fire Station 51, Fire Station 52, and Fire Station 54 (each, a "Fire Station"). Each Fire Station will have Preconstruction and Construction Phases. It is expected Fire Station 51 will commence first, with Fire Stations 52 and 54 occurring later and concurrently with each other. Each Fire Station under this Contract will be separately administered by the Owner from the other Fire Stations. The Contractor shall AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 10 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 230 User Notes: (3139ADA2A) achieve Substantial Completion and Final Completion as to each Fire Station pursuant to the terms of the Contract. The Architect will as to each Fire Station issue a Certificate of Substantial Completion and a Certificate of Final Completion pursuant to the terms of the Contract and applicable law. The Owner will for each Fire Station issue a Notice of Acceptance following Final Completion and will issue a statutory notice to the Washington Department of Revenue of the Final Completion pursuant to the terms of the Contract and applicable law. Claims by Owner or Contractor shall conform to the time frames established by the Contract for each Fire Station. An individual Maximum Allowable Construction Cost ("MACC") will be established for each Fire Station; but a fixed Fee and fixed amount for Specified General Conditions will be established at the time of Contract execution. § 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. § 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. § 1.1.7 INSTRUMENTS OF SERVICE Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect's consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. § 1.1.8 INITIAL DECISION MAKER The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2 and certify termination of the Agreement under Section 14.2.2. § 1.1.9 KNOWLEDGE The terms "knowledge," "recognize," and "discover," their respective derivatives and similar terms in the Contract Documents as used in reference to the Contractor, shall be interpreted to mean that which the Contractor knows (or should know), recognizes (or should recognize) and discovers (or should discover) in exercising the care, skill and diligence required by the Contract Documents. Analogously, the expression "reasonably inferable" and similar terms in the Contract Documents shall be interpreted to mean reasonably inferable by a contractor familiar with the Project and exercising the care, skill and diligence required of the Contractor by the Contract Documents. § 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. In the event of inconsistencies within or between parts of the Contract Documents or between the Contract Documents and applicable standards, codes and ordinances, the Contractor shall (i) provide the better quality or greater quantity of Work or (ii) comply with the more stringent requirement; either or both in accordance with the Architect's interpretation. The terms of this section shall not relieve the Contractor from obligations set forth in Sections 3.2 and 3.7. § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. Upon Owner's request, the Contractor shall provide certifications or other acceptable substantiation that applicable industry specifications and standards have been satisfied and that any substitution of specified products shall occur only upon prior consent of the Owner. AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 11 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD231 § 1.3 CAPITALIZATION Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles or (3) the titles of other documents published by the American Institute of Architects. § 1.4 INTERPRETATION In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE § 1.5.1 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 will retain all common law, statutory and other reserved rights, including copyrights. The Contractor, Subcontractors, Sub -subcontractors, and material or equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' reserved rights. § 1.5.2 The Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers are authorized to use and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub -subcontractors, and material or equipment suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect's consultants. § 1.6 TRANSMISSION OF DATA IN DIGITAL FORM If the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already provided in the Agreement or the Contract Documents. ARTICLE 2 OWNER § 2.1 GENERAL § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative, who at the commencement of the Project shall be Justine Kim, Shiels, Obletz, Johnsen, Inc. § 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 2.2.1 [Intentionally Omitted] § 2.2.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. § 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.2.4 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Contractor's performance of the Work with reasonable promptness after receiving the Contractor's written request for such information or services. AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 12 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 232 User Notes: (3B9ADA2A) § 2.2.5 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. § 2.3 OWNER'S RIGHT TO STOP THE WORK If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. § 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Architect's additional services made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. § 2.5 EXTENT OF OWNER CONTROL In no event shall the Owner have control over, charge of, or any responsibility for construction means, methods, techniques, sequences or procedures or for safety precautions and programs in connection with the Work, notwithstanding any of the rights and authority granted the Owner in the Contract Documents. ARTICLE 3 CONTRACTOR § 3.1 GENERAL § 3.1.1 The Contractor is the person or entity identified as the "Construction Manager" in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor" includes the Contractor and the Contractor's authorized representative. § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. § 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. § 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has the requisite knowledge and skill to carry out the Work and visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. Prior to execution of the Agreement and any subsequent subcontracts by Contractor, the Contractor and each Subcontractor have evaluated and satisfied themselves as to the conditions and limitations under which the Work is to be performed, including without limitation, (i) the location, condition, layout and nature of the Project site and surrounding areas; (ii) generally prevailing climatic conditions; (iii) anticipated labor supply and costs; (iv) availability and cost of materials, tools and equipment and (v) other similar issues. The Owner assumes no responsibility or liability for the physical condition or safety of the Project site or any improvements located on the Project site. Except as set forth in Section 10.3, the Contractor shall be solely responsible for providing a safe place for the performance of the Work. The Owner shall not be required to make any adjustment in either the Contract Sum or the Contract Time in connection with any failure by the Contractor or any Subcontractor to have complied with the requirements of this Section 3.2.1. AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 13 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD233 § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional, recognizing that the Contractor has performed pre -construction services with the Architect and shall use such performance to inform its review under this section. The Contractor shall further satisfy itself as to the accuracy of all grades, elevations, dimensions and locations. In all cases of interconnection of its Work with existing or other work, Contractor shall verify at the site all dimensions relating to such existing or other work. Any failure of the Contractor to carry out the obligations of this section which result in errors shall be promptly rectified by the Contractor at no cost to the Owner. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor's notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall make Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. § 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors. § 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. § 3.4 LABOR AND MATERIALS § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections 3.12.8 or 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 14 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 234 User Notes: (3139ADA2A) § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. The Contractor shall employ labor capable of working harmoniously and shall use best efforts to minimize the likelihood of any strike, work stoppage or other labor disturbance. § 3.5 WARRANTY The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements shall be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. The Contractor agrees to assign to the Owner at the time of final completion of the Work any and all manufacturers' warranties relating to materials and labor used in the Work and further agrees to perform the Work in such manner so as to preserve any and all such manufacturers' warranties. If necessary as a matter of law, the Contractor may retain the right to enforce such warranties during the warranty period following the date of Substantial Completion as set forth in Section 12.2. § 3.6 TAXES The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 3.7 PERMITS, FEES, NOTICES AND COMPLIANCE WITH LAWS § 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for all permits, fees, licenses and inspections necessary for proper execution and completion of the Work. § 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders and all other requirements of public authorities applicable to performance of the Work. The Contractor shall procure and obtain all bonds required by the Owner or by other authorities having jurisdiction over the Project. The Contractor shall obtain and pay for all approvals that may be necessary for the performance of the Work, such as street closures and other similar matters. § 3.7.3 If the Contractor perforans Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall comply with the notice, and (if applicable) protest, provisions of Section 15.1.5. § 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and comply with the notice, and (if applicable) protest, provisions of Section 15.1.5. § 3.8 ALLOWANCES § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 15 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD235 § 3.8.2 Unless otherwise provided in the Contract Documents, .1 Allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and .3 Whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order before procurement or performance of the allowance work. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor's costs under Section 3.8.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. § 3.9 SUPERINTENDENT § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. As provided in the Agreement, Contractor's superintendent and project manager shall be identified in the Guaranteed Maximum Price Amendment. Contractor shall not substitute the superintendent or project manager without the consent of the Owner for such substitution as provided in the Agreement. § 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the name and qualifications of a proposed superintendent. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to the proposed superintendent or (2) that the Architect requires additional time to review. Failure of the Architect to reply within the 14 day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner's consent, which shall not unreasonably be withheld or delayed. § 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES § 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work ("Construction Schedule"). The Construction Schedule shall be a critical path schedule, which Contractor warrants to represent an accurate and achievable set of deadlines under which this Project will be constructed, and as subsequently modified by agreement with Owner. The Construction Schedule shall not exceed time limits current under the Contract Documents, shall be updated monthly and revised at other appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. § 3.10.2 The Contractor shall prepare a submittal schedule, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Architect's approval. The Architect's approval shall not unreasonably be delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor's Construction Schedule, and (2) allow the Architect reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. § 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. § 3.10.4 The Construction Schedule shall be in a detailed precedence -style critical path management ("CPM") or primavera-type format satisfactory to the Owner and the Architect that shall also (i) provide a graphic representation of all activities and events that will occur during performance of the Work; (ii) identify each phase of construction and occupancy; and (iii) set forth dates that are critical in ensuring the timely and orderly completion of the Work in accordance with the requirements of the Contract Documents (hereinafter referred to as "Milestone Dates"). Upon review and acceptance by the Owner and the Architect of the Milestone Dates, the Construction Schedule shall be AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 16 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 236 User Notes: (3139ADA2A) deemed part of the Contract Documents and attached to the Guaranteed Maximum Price Amendment. If not accepted, the Construction Schedule shall be promptly revised by the Contractor in accordance with the recommendations of the Owner and the Architect and resubmitted for acceptance. The Contractor shall monitor the progress of the Work for conformance with the requirements of the construction schedule and shall promptly advise the Owner of any delays or potential delays. The accepted construction schedule shall be updated to reflect actual conditions as set forth in Section 3.10.1 or if requested by either the Owner or the Architect. In the event any progress report indicates any delays, the Contractor shall propose an affirmative plan to correct the delay, including overtime and/or additional labor, if necessary. In no event shall any progress report constitute an adjustment in the Contract Time, any Milestone Date or the Contract Sum unless any such adjustment is agreed to by the Owner and authorized pursuant to Change Order. Float in the schedule belongs to the Project. § 3.10.5 In the event the Owner determines that the performance of the Work, as of a Milestone Date, has not progressed or reached the level of completion required by the Contract Documents, the Owner shall have the right to order the Contractor to take corrective measures necessary to expedite the progress of construction, including without limitation, (i) working additional shifts or overtime, (ii) supplying additional manpower, equipment and facilities and (iii) other similar measures (hereinafter referred to collectively as `Extraordinary Measures"). Such Extraordinary Measures shall continue until the progress of the Work complies with the stage of completion required by the Contract Documents. The Owner's right to require Extraordinary Measures is solely for the purpose of ensuring the Contractor's compliance with the Construction Schedule. .1 The Contractor shall not be entitled to an adjustment in the Contract Sum in connection with Extraordinary Measures required by the Owner under or pursuant to this Section 3.10.5. .2 The Owner may exercise its rights under or pursuant to this Section 3.10.5 as frequently as the Owner deems necessary to ensure that the Contractor's performance of the Work will comply with any Milestone Date or completion date set forth in the Contract Documents. § 3.10.6 The Owner shall have the right to direct a postponement or rescheduling of any date or time for the performance of any part of the Work that may interfere with the operation of the Owner's premises or any tenants or invitees thereof. The Contractor shall, upon the Owner's request, reschedule any portion of the Work affecting operation of the premises during hours when the premises are not in operation. Any postponement, rescheduling or performance of the Work under this Section 3.10.6 may be grounds for an extension of the Contract Time, if permitted under Section 8.3.1 and an equitable adjustment in the Contract Sum if (i) the performance of the Work was properly scheduled by the Contractor in compliance with the Contract Documents and (ii) such rescheduling or postponement is required for the convenience of the Owner. § 3.11 DOCUMENTS AND SAMPLES AT THE SITE The Contractor shall maintain at the site for the Owner one copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and one copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. § 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES § 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. § 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. § 3.12.3 Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. § 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is to demonstrate the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 17 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD237 upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. § 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect's approval thereof. § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such written notice, the Architect's approval of a resubmission shall not apply to such revisions. § 3.12. 10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals. Pursuant to this Section 3.12.10, the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance and design criteria specified in the Contract Documents. § 3.13 USE OF SITE § 3.13.1 The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.13.2 Only materials and equipment that are to be used directly in the Work shall be brought to and stored on the Project site by the Contractor. After equipment is no longer required for the Work, it shall be promptly removed from the Project site. Protection of construction materials and equipment stored at the Project site from weather, AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 18 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 238 User Notes: (3139ADA2A) theft, damage and all other adversity is solely the responsibility of the Contractor. The Contractor shall ensure that the Work, at all times, is performed in a manner that affords reasonable access, both vehicular and pedestrian, to the site of the Work and all adjacent areas. The Work shall be performed, to the fullest extent reasonably possible, in such a manner that public areas adjacent to the site of the Work shall be free from all debris, building materials and equipment likely to cause hazardous conditions. § 3.13.3 Without limitation of any other provision of the Contract Documents, the Contractor shall use best efforts to minimize any interference with the occupancy or beneficial use of (i) any areas and buildings adjacent to the site of the Work and (ii) the Work in the event of partial occupancy, as more specifically set forth in Section 9.9. Without prior approval of the Owner, the Contractor shall not permit any workers to use any existing facilities at the Project site, including without limitation, lavatories, toilets, entrances and parking areas other than those designated by the Owner. .1 Without limitation of any other provision of the Contract Documents, the Contractor shall use its best efforts to comply with all rules and regulation promulgated by the Owner in connection with the use and occupancy of the Project. The Contractor shall immediately notify the Owner in writing if during the performance of the Work the Contractor finds compliance of any portion of such rules and regulations to be impracticable, setting forth the problems and suggesting alternatives. The Owner, in its sole discretion, may adopt such suggestions or require compliance with existing rules and regulations. .2 The Contractor shall comply with all insurance requirements and collective bargaining agreements applicable to the Project. § 3.14 CUTTING AND PATCHING § 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting and patching shall be restored to the condition existing prior to the cutting, fitting and patching, unless otherwise required by the Contract Documents. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. § 3.15 CLEANING UP § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials from and about the Project. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and Owner shall be entitled to reimbursement from the Contractor. § 3.16 ACCESS TO WORK The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. § 3.17 ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 19 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD239 § 3.18 INDEMNIFICATION § 3.18.1 The Contractor shall defend, indemnify and hold the Owner, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the Owner. § 3.18.2 Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the Owner, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor'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. ARTICLE 4 ARCHITECT § 4.1 GENERAL § 4.1.1 The Owner shall retain an architect lawfully licensed to practice architecture or an entity lawfully practicing architecture in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. § 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. § 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a successor architect as to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. § 4.1.4 When the Contract Documents require the Architect to act within a reasonable time it is understood and agreed that such action shall be within two (2) weeks. § 4.2 ADMINISTRATION OF THE CONTRACT § 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner's representative during construction until final payment is due and from time to time during the warranty period for correction of Work as set forth in Section 12.2. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, 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's on-site inspections to check the quality or quantity of the Work shall be conducted as required by the Contract Documents, the Owner - Architect Agreement and as required by the applicable professional standard of care and judgment. The Architect will not have control over, charge of, or responsibility for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Section 3.3.1. § 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent Construction Schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 20 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 240 User Notes: (3139ADA2A) § 4.2.4 COMMUNICATIONS FACILITATING CONTRACT ADMINISTRATION Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. § 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 4.2.7 The Architect will 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. The Architect's action will be taken in accordance with the submittal schedule approved by the Architect 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. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. § 4.2.10 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. § 4.2.11 The Architect will 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 will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions rendered in good faith. AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 21 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD241 § 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. ARTICLE 5 SUBCONTRACTORS § 5.1 DEFINITIONS § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site and whose procurement and contract shall comply with Ch. 3 9. 10 RCW for GC/CM projects. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. § 5.1.2 A Sub -subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub -subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub -subcontractor or an authorized representative of the Sub - subcontractor. § 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK § 5.2.1 As provided by Ch. 39.10 RCW for GC/CM projects and unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to any such proposed person or entity or (2) that the Architect requires additional time for review. Failure of the Owner or Architect to reply within the 14 -day period shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such substitution. § 5.2.5 The Contractor shall comply with other subcontracting requirements in the Contract Documents, including without limitation Sections 2.3.3 and 2.6 of the Agreement. § 5.3 SUBCONTRACTUAL RELATIONS By written subcontract agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work, which the Contractor, by these Documents, assumes toward the Owner. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 22 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 242 User Notes: (3139ADA2A) benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub -subcontractors. § 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor's rights and obligations under the subcontract. § 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days pursuant to Section 14.2, the Subcontractor's compensation shall be equitably adjusted for increases in direct cost resulting from the suspension. § 5.4.3 Upon such assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor contractor's obligations under the subcontract that accrue subsequent to the Owner's conditional assignment pursuant to this Section 5.4. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS § 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site. § 6.1.2 The Contractor shall provide construction management required to interface and integrate the work of the Owner's Consultant/Contractors performing construction work on the Project with the Work of the Contractor and its subcontractors. The Contractor shall ensure that all such Owner Project Consultant/Contractors cooperate with the Contractor's Project safety programs, Project Schedule and Project work rules as required for the efficient completion of the Work. The Contractor shall assist the Owner to develop the terms and conditions for agreements with Owner's separate Project Consultant/Contractors in this regard and the Owner shall incorporate reasonable terms in its agreements with the Owner's Consultant/Contractors to facilitate the Contractor's construction management role. Those Owner's Consultant/Contractors performing construction work as Project Contractors shall be required to endorse their insurance coverage's to name the Contractor as an additional named insured for their commercial general liability insurance coverage. This requirement shall include the Owner's Consultant/Contractor retained to remove and or abate Asbestos and other Hazardous Materials. The Contractor is not responsible for the work of the Asbestos and Hazardous Materials removal Project Contractor. § 6.1.3 The Contractor shall be responsible for all Owner pre -purchased items as if the Contractor were the original purchaser where such items have been identified n the Contract Documents. § 6.2 MUTUAL RESPONSIBILITY § 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 23 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD243 § 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor because of the Contractor's delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a separate contractor's delays, improperly timed activities, damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or separate contractors as provided in Section 10.2.5. § 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 OWNER'S RIGHT TO CLEAN UP If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK § 7.1 GENERAL § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. § 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. § 7.2 CHANGE ORDERS § 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Contract Sum; and .3 The extent of the adjustment, if any, in the Contract Time. § 7.2.2 Agreement on any Change Order shall constitute a final settlement of all matters relating to the change in the Work that is the subject of the Change Order, including without limitation, all direct and indirect costs and consequential damage associated with such change, including the cumulative impacts of that change with other changes, and any and all adjustments to the Contract Sum and Contract Time and Construction Schedule. § 7.3 CONSTRUCTION CHANGE DIRECTIVES § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 24 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 244 User Notes: (3B9ADA2A) § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Section 7.3.7. § 7.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 7.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such forth as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.7 shall be limited to reasonable costs of the following, directly attributable to the change: .1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance; .2 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 Additional costs of supervision and field office personnel directly attributable to the change. To support the reasonableness of the costs attributable to a change, Contractor shall provide supporting information and documentation reasonably requested by Owner, including without limitation, certified payrolls and invoices. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect's professional judgment, to be AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 25 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD245 reasonably justified. The Architect's interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15. § 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. § 7.4 MINOR CHANGES IN THE WORK The Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes will be effected by written order signed by the Architect and shall be binding on the Owner and Contractor. § 7.5 OVERHEAD, PROFIT, AND OVERTIME § 7.5.1 For any adjustments to the Contract Sum that are based on any method other than the unit price method, the Contractor agrees to charge and accept as payment for overhead and profit, the following percentages of costs attributable to the change in the Work: .1 Eight percent (8%) for Changes in the Work paid from Owner's contingency. .2 Zero percent (0%) for Changes in the Work paid from the MACC Contingency. .3 For additional Work ordered as described above that will be self -performed by Contractor (i.e., using its own forces) or executed by Subcontractors or Sub -subcontractors of any tier, it is agreed that the entity actually performing the Work will be permitted to charge a total of fifteen percent (15%) for overhead and profit, and upper tier Subcontractors and Contractor shall charge no more than eight percent (8%) on such Changed Work. .4 When both additions and credits are involved in any one change, the allowance for overhead and profit shall be figured on the basis of the net increase, if any. The overhead and profit percentage in this Section 7.5.1 includes reimbursement for indirect and direct costs associated with the management of the Change Work. Therefore no additional markups or direct costs will be allowed in Change Order pricing. This includes, without limitation, coordination, ordering of materials, field office and home office costs, estimating and scheduling, preparation of the change and pricing, indirect supervision and non -working foreman, safety, and supervision. § 7.5.2 Overtime, when specifically authorized by the Owner and not as an Extraordinary Measure, shall be paid for by the Owner on the basis of premium payment only, plus the cost of insurance and taxes based on the premium payment period. Overhead and profit will not be paid by the Owner for overtime. ARTICLE 8 TIME § 8.1 DEFINITIONS § 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 PROGRESS AND COMPLETION § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 26 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 246 User Notes: (3139ADA2A) furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 8.3 DELAYS AND EXTENSIONS OF TIME § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner; or by changes ordered in the Work; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control; or by delay authorized by the Owner pending mediation and arbitration; or by other causes that the Architect determines may justify delay, then the Contract Time shall be extended by Change Order to the extent such delay will prevent the Contractor from achieving Substantial Completion within the Contract Time and if the performance of the Work is not, was not, or would not have been delayed by any other cause for which the Contractor is not entitled to an extension in the Contract Time under the Contract Documents. The Contractor further acknowledges and agrees that adjustments in the Contract Time will be permitted for a delay only to the extent such delay (i) is not caused or could not have been anticipated by the Contractor; (ii) could not be limited or avoided by the Contractor's timely notice to the Owner of the delay or reasonable likelihood that a delay will occur; and (iii) is of a duration not less than one (1) day. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. § 8.3.3 Float is defined as the difference between the earliest start date and the latest start date of activities on the Critical Path Method (CPM) Construction Schedule. Float is not for the exclusive use of the Contractor or the Owner unless otherwise agreed upon. Extensions of time for contract performance will be granted only to the extent that equitable time adjustments to affected activities exceed the total float time along the affected paths of the current CPM at the time of the Notice to Proceed was issued for the change. Should the Contractor submit CPM or change order schedules showing early completion of the project or affected activities, the Contractor is not entitled to claim the float between the early completion and the contract scheduled completion or the affected paths of the current CPM for any compensation purposes, including, without limitation, the assertion of delay and damages § 8.3.4 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 CONTRACT SUM The Total Contract Cost (TCC) is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. The "Contract Sum," as used in the Contract Documents, shall refer to shall refer to the TCC. § 9.2 SCHEDULE OF VALUES § 9.2.1 The Contractor shall submit to the Architect, within ten (10) days of full execution of the Guaranteed Maximum Price Amendment, a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 9.2.2 The Contractor and each Subcontractor shall prepare a trade payment breakdown for the Work for which each is responsible, such breakdown being submitted on a uniform standardized form approved by the Architect and Owner. The form shall be divided in detail sufficient to exhibit areas, floors and /or sections of the Work, and/or by convenient units and shall be updated as required by either the Owner or the Architect, as necessary to reflect (i) description of Work (listing labor and material separately), (ii) total value, (iii) percent of the Work completed to date, (iv) value of Work completed to date, (v) percent of previous amount billed, (vi) previous amount billed, and (vii) current percent completed. Any trade breakdown that fails to include sufficient detail, is unbalanced or exhibits "front -loading" of the value of the Work shall be rejected. If trade breakdown had been initially approved and subsequently used but later was found improper for any reason, sufficient funds shall be withheld from future Applications for Payment to ensure an adequate reserve (exclusive of normal retainage) to complete the Work. AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 27 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD247 § 9.3 APPLICATIONS FOR PAYMENT § 9.3.1 At least ten (10) days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and shall reflect retainage if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.1.3 Each Application for Payment shall be accompanied by the following, all in form and substance satisfactory to the Owner: (i) a current Contractor's lien waiver and duly executed and acknowledged sworn statement showing all Subcontractors and material suppliers with whom the Contractor has entered into subcontracts, the amount of each such subcontract, the amount requested for any Subcontractor and material supplier in the requested progress payment and the amount to be paid to the Contractor from such progress payment, together with similar sworn statements from all such Subcontractors and material suppliers; (ii) duly executed waivers of mechanics' and material suppliers' liens from all Subcontractors and, when appropriate, from material suppliers and lower tier Subcontractors establishing payment or satisfaction of payment of all amounts requested by the Contractor on behalf of such entities or persons in any previous Application for Payment; and (iii) all information and materials required to comply with the requirements of the Contract Documents or reasonably requested by the Owner or the Architect. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest and which as to offsite materials at a minimum will establish title vested in the Owner evidenced by documentation, including without limitation, recording financing statements, UCC filings and UCC searches, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. The Contractor will defend, hold harmless and indemnify the Owner from any liens, claims, security interests or encumbrances arising from any failure in these warranties due to the Contractor's acts and/or omissions. § 9.4 CERTIFICATES FOR PAYMENT § 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data comprising the Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 28 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 248 User Notes: (3B9ADA2A) an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will 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 material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.5 DECISIONS TO WITHHOLD CERTIFICATION § 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a separate contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. The Owner may independently withhold payment if, in its opinion, any of the reasons stated above for withholding a Certificate for Payment exists. § 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.5.3 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Architect and the Architect will reflect such payment on the next Certificate for Payment. § 9.6 PROGRESS PAYMENTS § 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. § 9.6.2 The Contractor shall pay each Subcontractor no later than seven (7) days after receipt of payment from the Owner the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in a similar manner. § 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 29 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD249 § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by law. § 9.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.6.8 Partial and Final Payment for the Work shall be subject to Contractor compliance with providing performance and payment bonds as provided in Ch. 39.08 RCW and retainage as provided in Ch. 60.28 RCW. § 9.7 FAILURE OF PAYMENT § 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut -down, delay and start-up, plus interest as provided for in the Contract Documents. § 9.7.2 If the Owner is entitled to reimbursement or payment from the Contractor under or pursuant to the Contract Documents, such payment shall be made promptly upon demand by the Owner. Notwithstanding anything contained in the Contract Documents to the contrary, if the Contractor fails to promptly make any payment due the Owner of if the Owner incurs any costs and expenses to cure any default of the Contractor or to correct defective Work, the Owner shall have an absolute right to offset such amount against the Contract Sum and may, in the Owner's sole discretion, elect either to (i) deduct an amount equal to that which the Owner is entitled from any payment then or thereafter due the Contractor from the Owner or (ii) issue a written notice to the Contractor reducing the Contract Sum by an amount equal to that which the Owner is entitled. § 9.8 SUBSTANTIAL COMPLETION § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use; provided, however, that as a condition precedent to Substantial Completion, the Owner has received all certificates of occupancy and any other permits, approvals, licenses and other documents from any governmental authority having jurisdiction thereof necessary for the beneficial occupancy of the Project. § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 9.8.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 30 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 250 User Notes: (3139ADA2A) that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. § 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 9.9 PARTIAL OCCUPANCY OR USE § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 PHYSICAL COMPLETION, FINAL COMPLETION AND FINAL PAYMENT § 9.10.0 Physical Completion is the stage of the Work when all construction is complete and acceptable to Owner, including all punch list items. Final Completion is the stage of Work after Physical Completion when Contractor has provided all documentation required by the Contract Documents or at law for the Owner to formally accept the Project and release retainage. § 9.10.1 Upon receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a Certificate of Physical Completion stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents. Upon receipt of all required documentation for Final Payment, the Architect shall issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on-site visits and inspections, the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. Further, the final Certificate of Payment will not issue until all warranties and guarantees required by the Contract Documents have been received and accepted by the Owner. AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 31 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD251 § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. § 9.10.3 [Intentionally Omitted] § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. § 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. § 10.2 SAFETY OF PERSONS AND PROPERTY § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to .1 employees on the Work and other persons who maybe affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub - subcontractors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. § 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. § 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. The Contractor shall also be responsible, at the Contractor's sole cost and expense, for all measures necessary to protect any property adjacent to the Project and improvements therein. Any damage to such property or improvements shall be promptly repaired by the Contractor. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel and shall give the Architect and Owner reasonable advance notice of such use, storage and/or methods. AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 32 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 252 User Notes: (3B9ADA2A) § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. § 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 10.2.8 INJURY OR DAMAGE TO PERSON OR PROPERTY If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. The Contractor shall promptly report to the Architect and Owner all accidents. If Work is suspended on the Project for any reason, the Contractor shall secure and fully protect the Work. § 10.3 HAZARDOUS MATERIALS § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a concealed and undisclosed hazardous material or substance not addressed in the Contract Documents and which could not have been discovered by Contractor actions pursuant to Section 3.2.2. and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. § 10.3.2 Upon receipt of the Contractor's written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perforin tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut -down, delay and start-up. § 10.3.3 The term "rendered harmless" shall be interpreted to mean that levels of asbestos and polychlorinated biphenyls are less than any applicable exposure standards set forth in OSHA regulations. In no event, however, shall the Owner have any responsibility for any substance or material that is brought to the Project site by the Contractor, any Subcontractor, any material supplier or any entity for whom any of them is responsible. The Contractor agrees not to use any fill or other materials to be incorporated into the Work that are hazardous, toxic or made up of any items that are hazardous or toxic. AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 33 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD253 § 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for materials or substances required by the Contract Documents, except to the extent of the Contractor's fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of a material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner's fault or negligence. (Paragraph Deleted) § 10.4 EMERGENCIES In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. ARTICLE 11 INSURANCE AND BONDS § 11.1 CONTRACTOR'S LIABILITY INSURANCE § 11.1.1 Insurance Term. The Contractor shall procure and maintain insurance, as required in this Section, without interruption from commencement of the Contractor's work through the term of the contract and for one year thereafter. § 11.1.2 No Limitation. The Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the Owner's recourse to any remedy available at law or in equity. § 11.1.3 Minimum Scope of Insurance. The Contractor's required insurance shall be of the types and coverage as stated below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) forth CA 00 01. 2. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The Owner shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the Owner using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. (Paragraph Deleted) 4. Professional Liability or Errors and Omissions coverage which shall cover claims resulting from professional errors and omissions of Contractor and any of its Subcontractors/Sub consultants in connection with the Work provided such claims arise during the period commencing upon the preparation of the construction documents and ending ten (10) years following the Final Acceptance Date. Such insurance shall be in forth acceptable to the Owner. Such insurance shall be written to cover all costs of correcting defects and deficiencies (including unapproved deviations) arising from the professional liability or AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 34 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 254 User Notes: (3139ADA2A) errors and omissions of Contractor and the Subcontractors providing design, engineering or other professional services, at all tiers, shall be written on a project -specific basis. The insurance policy shall include an endorsement, in form approved by the Owner, providing the Owner with vicarious liability coverage. Such insurance shall be excess to liability insurance required hereunder as respects third party bodily injury and property damage claims. The policy shall not contain any provision or exclusion (including any so-called `insured versus insured' exclusions or `cross -liability' exclusion) the effect of which would be to prevent, bar, or otherwise preclude the Owner or the Contractor from making a claim which would otherwise be covered by such policy on the grounds that the claim is brought by an insured or additional insured against an insured or additional insured under the policy. § 11.1.4 Minimum Amounts of Insurance. The Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $3,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $5,000,000 each occurrence, $10,000,000 general aggregate and $10,000,000 products -completed operations aggregate limit. 3. Professional Liability or Errors and Omissions coverage of no less than $10 million per claim, with a general aggregate limit of no less than $10 million. (Paragraph Deleted) § 11.1.5 Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Owner shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this contract or whether any certificate of insurance furnished to the Owner evidences limits of liability lower than those maintained by the Contractor. § 11.1.6 Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the Owner. Any insurance, self-insurance, or self-insured pool coverage maintained by the Owner shall be excess of the Contractor's insurance and shall not contribute with it. § 11.1.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. § 11.1.8 Verification of Coverage. The Contractor shall furnish the Owner with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsements, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the Owner, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this contract and evidence of all subcontractors' coverage. § 11.1.9 Subcontractor's Insurance. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Owner is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. § 11.1.10 Notice of Cancellation. The Contractor shall provide the Owner and all Additional Insureds for this work with written notice of any policy cancellation within two business days of their receipt of such notice. AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 35 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD255 § 11.1.11 Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the Owner may, after giving five business days' notice to the Contractor 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 Owner on demand, or at the sole discretion of the Owner, offset against funds due the Contractor from the Owner. § 11.2 OWNER'S LIABILITY INSURANCE The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. § 11.3 PROPERTY INSURANCE § 11.3.1 The Owner shall purchase and maintain Builder's Risk Property Insurance for property against all risks of physical loss or damage, including earthquake and quake, for the replacement cost as of the property at the time of loss. The policy shall cover the City of Tukwila Fire Stations 51, 52, 54 Project and each of its component parts. Such insurance shall waive subrogation under such insurance and rights of recovery under the deductible in favor of the Contractor and subcontractors except to the extent that loss or damage up to $25,000 each loss ($5,000 if for property while in transit) may be due to the negligence of the Contractor or to the extent that loss or damage up to $5,000 may be due to the negligence of any subcontractor. Contractor and Subcontractors shall not be responsible for any losses exceeding any sublimits included within the Builder's Risk policy. § 11.3.1.1 Builder's Risk Property Insurance shall cover all materials, supplies, and equipment that are intended for specific installation in the project while such materials, supplies and equipment are located at the project site, in transit or while temporarily located away from the project site. However, Builder's Risk insurance does not cover Contractor or subcontractors' owned, hired, or leased property or tools, equipment, or supplies used for construction and not intended to form a permanent part of the Work, for which Contractor and subcontractors shall be responsible. § 11.3.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance that will protect the interests of the Contractor, Subcontractors and Sub -subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described above, without so notifying the Contractor in writing, then the Owner shall bear all reasonable costs properly attributable thereto. § 11.3.1.3 [Intentionally omitted] § 11.3.1.4 [Intentionally omitted] § 11.3.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. § 11.3.2 BOILER AND MACHINERY INSURANCE (Paragraph Deleted) [Intentionally omitted] § 11.3.3 -11.3.6 (Paragraph Deleted) [Intentionally omitted] 11.3.7 WAIVERS OF SUBROGATION AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 36 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 256 User Notes: (3139ADA2A) If permitted by the Owner's and Contractor's insurance companies, without penalties, the Owner (Paragraphs Deleted) and Contractor waive all rights against (1) each other and any of their subcontractors, sub -subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub -subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent of actual recovery of any insurance proceeds under any property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner in good faith. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontractors, sub -subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. § 11.3.8 A loss insured under the Owner's property insurance shall be adjusted by the Owner in good faith and made payable to the Owner in good faith for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub -subcontractors in similar manner. § 11.3.9 If required in writing by a party in interest, the Owner in good faith shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received in good faith. The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or as determined in accordance with the method of binding dispute resolution selected in the Agreement between the Owner and Contractor. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7. § 11.3.10 The Owner in good faith shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection is made, the dispute shall be resolved in the manner selected by the Owner and Contractor as the method of binding dispute resolution in the Agreement. If the Owner and Contractor have selected arbitration as the method of binding dispute resolution, the Owner in good faith shall make settlement with insurers or, in the case of a dispute over distribution of insurance proceeds, in accordance with the directions of the arbitrators. § 11.4 PERFORMANCE BOND AND PAYMENT BOND § 11.4.1 The Contractor shall furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract and in compliance with Ch.39.08 RCW; provided that the surety for each bond agrees that it consents to and waives notice of any addition, alteration, omission, change, or other modification of the Contract Documents and such events shall not release the surety of its obligations. Surety also shall be obligated under the bonds to any successor, grantee or assignee of the Owner. § 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. § 11.4.3 The Contractor shall keep the surety informed of the progress of the Work and the Owner may, at its sole discretion, inform the surety of the progress of the Work. § 11.5 GENERAL REQUIREMENTS AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 37 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD257 § 11.5.1 All insurance coverage procured by the Contractor shall be provided by insurance companies having policy holder ratings no lower than "A" and financial ratings not lower than "XII" in the Best's Insurance Guide, latest edition in effect as of the date of the Contract and subsequently in effect at the time of renewal of any policies required by the Contract Documents. § 11.5.2 If the Owner or the Contractor is damaged by the failure of the other party to purchase or maintain insurance required under Article 11, then the party who failed to purchase or maintain the insurance shall bear all reasonable costs (including attorneys' fees and court and settlement expenses) properly attributable thereto. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 UNCOVERING OF WORK § 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, such costs and the cost of correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. § 12.2 CORRECTION OF WORK § 12.2.1 If a portion of the Work is covered contrary to the requirements in the Contract Documents, it must, if required in writing by Owner, be uncovered for Owner's observation and be replaced at the Contractor's expense and without change in the Contract Time. Further, if in the course of the Work, the Contractor or its Subcontractors have used or damaged any portion of the work, the Contractor shall cause such Work to be restored to "like new" condition at no expense to the Owner. § 12.2.2 If, at any time prior to Substantial Completion, Owner desires to examine any portion of the Work that has been covered, Owner may request to see such Work and Contractor shall uncover it. If such Work is in accordance with the Contract Documents, the Contractor shall be entitled to an adjustment in the Total Contract Cost for the costs of uncovering and replacement, and, if the Work is thereby delayed, an adjustment in the Contract Time, provided it makes a request therefore as provided in these General Conditions. If such Work is not in accordance with the Contract Documents, the Contractor shall pay the costs of examination and reconstruction. § 12.2.3 Contractor shall promptly correct Work found by Owner not to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed, or completed. Contractor shall bear all costs of correcting such nonconforming Work, including additional testing and (Paragraph Deleted) inspections. If, within one year after the date of Substantial Completion of the Work or designated portion thereof, or within the terms of any applicable special warranty required by the Contract Documents if longer than one year, any of the Work is found to be not in accordance with the requirements of the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner to do so. Owner shall give such notice promptly after discovery of the condition. This period of correction shall be extended, with respect to portions of Work finished after Substantial Completion, by the period of time between Substantial Completion and the actual performance of the Work. Contractor's duty to correct with respect to Work repaired or replaced shall run for one year from the date of repair or replacement. § 12.2.4 Contractor shall remove from the Project site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by Contractor nor accepted by Owner. § 12.2.5 If Contractor falls to correct nonconforming Work within a reasonable time after written notice to do so, Owner may replace, correct, or remove the nonconforming Work and charge the cost thereof to the Contractor. AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 3$ reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 258 User Notes: (3139ADA2A) § 12.2.6 Contractor shall bear the cost of correcting destroyed or damaged Work, whether completed or partially completed, caused by Contractor's correction or removal of Work that is not in accordance with the requirements of the Contract Documents. § 12.2.7 Nothing contained in this Section shall be construed to establish a period of limitation with respect to other obligations that Contractor might have according to the Contract Documents. Establishment of the time period of one year as described in above relates only to the specific obligation of Contractor to correct the Work, and has no relationship to the time within which the Contractor's obligation to comply with the Contract Documents may be sought to be enforced, including the time within which such proceedings may be commenced. 12.2.8 If Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, Owner may do so instead of requiring its removal and correction, in which case the Contract sum may be reduced as appropriate and equitable. ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 GOVERNING LAW § 13.1.1 Governing Law and Venue. The laws of the state of Washington shall govern the Contract Documents and the rights of the parties herein. Venue shall be in King County, Washington, unless otherwise specified. § 13.1.2 Compliance with Laws. The Contractor, at its sole cost and expense, shall perforin and comply with all applicable laws of the United States and the State of Washington; the applicable laws of the City of Tukwila; and rules, regulations, orders, and directives of their administrative agencies and their officers. § 13.1.3 Licenses and Similar Authorizations. The Contractor, at no expense to the Owner, shall secure and maintain in full force and effect during the term of this Preconstruction Contract all required licenses, permits, and similar legal authorizations, and comply with all related requirements. § 13.1.4 Taxes. The Contractor shall pay, before delinquency, all taxes, levies, and assessments arising from its activities and undertakings under this Preconstruction Contract; taxes levied on its property, equipment and improvements; and taxes on the Contractor's interest in this Preconstruction Contract and any leasehold interest deemed to have been created under Chapter 82.29A RCW. § 13.1.5 Use of Recycled Content Paper. The Contractor shall, whenever practicable, use recycled content paper on all documents submitted to the Owner. § 13.1.6 Americans with Disabilities Act. The Contractor shall comply with all applicable provisions of the Americans with Disabilities Act of 1990 (ADA) in performing its obligations under this Preconstruction Contract. In particular, if the Contractor is providing services, programs, or activities to Owner employees or members of the public as part of this Preconstruction Contract, the Contractor shall not deny participation or the benefits of such services, programs, or activities to people with disabilities on the basis of such disability. Failure to comply with the provisions of the ADA shall be a material breach of, and grounds for the immediate termination of, this Preconstruction Contract. § 13.2 SUCCESSORS AND ASSIGNS § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender or other entity providing construction financing or credit enhancement for the Project, if the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 39 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD259 § 13.3 WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the firm or entity, or to an officer of the corporation for which it was intended; or if delivered at, or sent by registered or certified mail or by courier service providing proof of delivery to, the address stated on the first page of the Agreement, unless a parry gives notice of a change in address. § 13.4 RIGHTS AND REMEDIES § 13.4.1 Except as expressly provided in the Contract Documents, duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. § 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. § 13.5 TESTS AND INSPECTIONS § 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor. § 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 13.5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.5.3, shall be at the Owner's expense. § 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the Contractor's expense. The Contractor also agrees the cost of testing services required for the convenience of the Contractor in its scheduling and performance of the Work and the cost of testing services related to remedial operations performed to correct deficiencies in the Work shall be borne by the Contractor. § 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. § 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. § 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.6 INTEREST Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 40 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 260 User Notes: (3B9ADA2A) § 13.7 TIME LIMITS ON CLAIMS The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the time period specified as specified: a. As to acts or failures to act occurring prior to the relevant date of Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such Date of Substantial Completion; b. As to acts or failures to act occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate of Payment. c. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate of Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided herein, the date of any correction of the Work or failure to correct the Work by the Contractor as provided herein or the date of actual commission of any other act or failure to perforin any duty or obligation by the Contractor or Owner, whichever occurs last. § 13.8 NO ORAL WAIVER The provisions of the Contract Documents shall not be changed, amended, waived or otherwise modified in any respect except by a writing signed by the Owner. § 13.9 NOTICE REGARDING LIENS The Contractor shall provide all notices required or permitted by the laws of the State of Washington for the protection of the Owner from liens and claims of lien if permitted or required by applicable law, including without limitation, notices received by Subcontractors and suppliers to the Contractor. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 TERMINATION BY THE CONTRACTOR § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; or .2 An act of government, such as a declaration of national emergency that requires all Work to be stopped. (Paragraphs Deleted) § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365 -day period, whichever is less. § 14.1.3 If one of the reasons described in Section 14. 1.1 or 14.1.2 exists, the Contractor may, upon seven days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, including reasonable overhead and profit, costs incurred by reason of such termination, and damages. § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 41 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD261 days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 TERMINATION BY THE OWNER FOR CAUSE § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Initial Decision Maker that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall survive termination of the Contract. § 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. § 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Section 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. § 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE § 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. § 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Contractor shall .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 42 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 262 User Notes: (3139ADA2A) § 14.4.3 Upon such termination, the Contractor shall recover as its sole remedy payment for Work properly performed in connection with the terminated portion of the Work prior to the effective date of termination and for items properly and timely fabricated off the Project site, delivered and stored in accordance with the Owner's instructions. The Contractor hereby expressly waives and forfeits all other claims for payment and damages, including without limitation anticipated profits. The Owner shall be credited for (i) payments previously made to the Contractor for the terminated portion of the Work; (ii) claims that the Owner has against the Contractor under the Contract and (iii) the value of the materials, supplies, equipment or other items that are to be disposed of by the Contractor that are part of the Contract Sum. ARTICLE 15 CLAIMS AND DISPUTES § 15.1 CLAIMS PROCEDURES MANDATORY All claims for additional costs and/or time (regardless of how described) must be made in accordance with the requirements of this Article or they will be waived. Any Claim of the Contractor against the Owner for damages, additional payment for any reason, or extension of time, whether under the Contract or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely Initial Notice is provided followed by a substantiated timely submission of a Claim (including timely submission of additional substantiation) in strict accordance with this Article. No act, omission, or knowledge, actual or constructive, of the Owner or the Architect shall in any way be deemed to be a waiver of the requirement for timely written notice unless the Owner provides the Contractor with an explicit, written waiver of timely Initial Notice and/or timely submission of a Claim. All Initial Notices and Claims shall be addressed to the Owner, with copies to the Architect and Owner's Designated Representative, at the addresses on the first page of the Agreement. § 15.1.1 CLAIMS DEFINED A Claim is a substantiated demand or assertion by the Contractor seeking, as a matter of right, payment of money, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. Claims do not include written notices that are not substantiated in accordance with this Article. § 15.1.2 INITIAL NOTICE An "Initial Notice" is the mechanism the Contractor must use to provide the Owner with initial notice of events that have or may result in a Claim. At a minimum, Initial Notices must be in writing and describe the event, identify persons with knowledge of the event, qualitatively describe the likely or potential impacts of the event and identify provisions of the Contract Documents that are implicated by the event. An Initial Notice must be given within fourteen (14) days of the occurrence of the event, except for events involving subsurface conditions, in which case Section 15.1.5 shall control. §15.1.3 CLAIMS If the Contractor wishes to seek an adjustment to the Contract Sum or Contract Time for the event that gave rise to the Initial Notice, it must submit a Claim to Owner within fourteen (14) days of giving the Initial Notice. Claims must be made in writing and substantiated by detailed information. The responsibility to substantiate Claims rests solely with the Contractor. The substantiation of a Claim shall include, at a minimum, the following: .1 A detailed factual statement of the Claim for additional compensation and time, if any, providing all necessary dates, locations, and items of Work affected by the Claim; .2 The date on which facts arose that gave rise to the Claim; .3 The name of each employee of Owner or Architect knowledgeable about the Claim; .4 The specific provisions of the Contract Documents which support the Claim; (Paragraph Deleted) AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 43 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD213 .5 The identification of any documents and the substance of any oral communications that support the Claim; and .6 Copies of any identified documents, other than the Contract Documents, that support the Claim. Within a reasonable time thereafter, such reasonable time to be agreed upon by the Contractor and Owner based on the facts and circumstances of the Claim, Contractor shall provide the following additional Claim substantiation: 1 If an adjustment in the Contract Time is sought: the specific days and dates for which it is sought; the specific reasons Contractor believes an extension in the Contract Time should be granted; and Contractor's analysis of its Progress Schedule to demonstrate the reason for the extension in Contract Time; .2 If an adjustment in the Contract Sum is sought, the exact amount sought and a breakdown of that amount into the categories set forth in, and in the detail required by the Contract Documents; and (Paragraph Deleted) .3 A statement certifying, under penalty of perjury, that the Claim is made in good faith, that the supporting cost and pricing data are true and accurate to the best of Contractor's knowledge and belief, that the Claim is fully supported by the accompanying data, and that the amount requested accurately reflects the adjustment in the Contract Sum or Contract Time for which Contractor believes Owner is liable. (Paragraph Deleted) In the event the Contractor believes that a change in the Work that is the responsibility of the Owner has caused, or may cause, an increase in the Contractor's costs in the form of labor and equipment inefficiencies or lost productivity, such alleged costs must be specifically identified in either the initial or additional Claim substantiation. In addition, the Contractor must establish that the alleged cost increases result directly from such change and must demonstrate the impact by utilizing comparisons of the Work performed during the impacted period with Work performed during a non -impacted period or on a closely similar but different part of the Work if such comparisons are reasonably available or feasible. §15.1.4 ADVERSE WEATHER If adverse weather conditions are the basis for an Initial Notice and Claim, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated and that weather conditions had an adverse effect on the critical path of the current submitted Construction Schedule. Neither Contract Time nor the Contract Sum will be adjusted for normal inclement weather. § 15.1.5 SUBSURFACE CONDITIONS If conditions are encountered at the site that constitute subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or from those ordinarily found to exist and generally recognized as inherent in construction activities of the Project (including those conditions described in Sections 3.7.4 and 3.7.5, then written notice by the Contractor shall be given to the Owner promptly before such conditions are disturbed and in no event later than three (3) days after first observance of such conditions. The Owner's Designated Representative will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both, to the Owner for consideration. If the Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract are justified, the Owner shall so notify the Contractor in writing, stating the reasons. Protests in opposition to such determination must be set forth in writing within fourteen (14) days after the Owner has given notice of the decision. These protests, if timely, shall be treated as a Claim properly submitted under Section 15.1.3 if it contains the Claim substantiation required by Section 15.1.3. AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 44 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 264 User Notes: (3139ADA2A) §15.1.6 OWNER'S CLAIM DECISION The Owner shall consider each timely presented Claim and shall issue a written decision. The Contractor shall present additional supporting information if requested by the Owner for its consideration of the Claim. A decision by the Owner shall be required as a condition precedent to submission of a Claim to the Independent Decision Maker as to all matters arising prior to the date final payment is due, regardless of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been completed. If the Owner fails to issue a decision within thirty (30) days of Owner's receipt of a Claim, the Claim shall be deemed denied. § 15.2 INITIAL DECISION § 15.2.1 Claims denied by the Owner may be appealed by Contractor to the Initial Decision Maker for initial decision. The Initial Decision Maker is identified in the Agreement. Owner may also refer a claim to the Initial Decision Maker. Except for those Claims arising under Sections 10.3, 10.4, 11.3.9, and 11.3.10, an initial decision shall be required as a condition precedent to mediation of any Claim arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. The Owner, Architect and the Contractor and every Subcontractor hired to perform Work on this Project is required to follow this process. No mediation or lawsuit may be filed seeking any adjustment in the Contract Sum or Contract Time unless and until each and every step of this procedure has been followed with respect to that adjustment. Every Claim brought on behalf of a subcontractor shall be brought through the Contractor. § 15.2.2 FILING AN APPEAL WITH THE INITIAL DECISION MAKER Provided that the Contractor has complied with the notice and claims requirements of this Article 15, if the Contractor disagrees with any decision of the Owner regarding a Claim, the Contractor shall file an appeal with the Initial Decision Maker as herein provided. Contractor shall file its appeal with the Initial Decision Maker, with a copy to the Owner, not later than 14 days from Contractor's receipt of the Owner's decision. In the event of a Change Order proposal not acted upon by the Substantial Completion date, it will be deemed to have been rejected, and the Owner's decision shall be deemed to have been made on the Substantial Completion date. Any appeal not filed within 14 days from Contractor's receipt of the Owner's decision is waived. Every appeal submitted to the Initial Decision Maker shall be limited to the substance of, and seek the same adjustment to the Contract Sum or Contract Time as that in, the Claim submitted to the Owner. Matters not previously submitted to the Owner as provided in this Article 15 shall not be considered by the Independent Decision Maker. The appeal shall identify in writing the portion(s) of the Owner's Claim decision that are in dispute and be supported by the documents on which the Contractor bases its appeal. § 15.2.3 INITIAL DECISION MAKER ACTION ON A CLAIM Upon receipt of an appeal, the Initial Decision Maker may act as a mediator, seeking mutual agreement. If mutual agreement is not readily attainable, the Initial Decision Maker shall issue a decision. On Claims for monetary relief of $30,000.00 or less, the Initial Decision Maker decision is final and binding on the Owner, Contractor and its Subcontractors. On Claims for monetary relief of more than $30,000.00, the Initial Decision Maker will act as an advisory body, whose decision is not binding on either Owner or Contractor or its Subcontractors when the claim is more than $30,000.00. The Owner and Contractor shall agree on compensation for the Initial Decision Maker to be paid by the Owner and Contractor. There will be no formal procedure for the Initial Decision Maker's review of an appeal. The Parties will be entitled to submit whatever relevant evidence each believes supports their position in the dispute. The Initial AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 45 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD215 Decision Maker may elect whether to hear testimony or oral argument. The Initial Decision Maker will endeavor to resolve the dispute in an expeditious and cost effective manner and will render its recommendation in writing to both Owner and Contractor promptly. In Claims involving greater than $30,000.00, the Owner and Contractor will within 30 days of the Initial Decision Maker's recommendation, confer and attempt to reach an agreement regarding the dispute, and if appropriate, enter into a written agreement, which may be a Change Order, or failing agreement, may demand mediation pursuant to Section 15.3. During the pendency of any such appeal to the Initial Decision Maker, the Contractor shall proceed with the Work of the project, including that portion in dispute, unless directed otherwise in writing by the Owner. In no event shall the Contractor be entitled to institute legal proceedings regarding a Claim submitted to the Initial Decision Maker as set forth above, more than 180 days after Substantial Completion of the Work. § 15.3 MEDIATION § 15.3.1 Claims seeking monetary relief over $30,000 for which the Initial Decision Maker has made a recommendation shall be subject to mediation as a condition precedent to binding dispute resolution. § 15.3.2 A request for mediation shall be made in writing, delivered to the other party to the Contract. The parties shall endeavor to agree on a mediator. If they cannot agree, the parry seeking mediation can request a mediator to be appointed by the American Arbitration Association. The request for mediation may be made concurrently with the filing of binding dispute resolution proceedings 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. § 15.3.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Seattle, Washington, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 15.4 CLAIMS AUDITS § 15.4.1 All Claims filed against Owner shall be subject to audit at any time following the filing of the Claim. Failure of Contractor, or Subcontractors of any tier, to maintain and retain reasonably sufficient records to allow Owner to verify all or a portion of the Claim or to permit Owner access to the books and records of Contractor, or Subcontractors of any tier, shall constitute a waiver of that part of the Claim and shall bar any recovery on that part of the Claim. § 15.4.2 In support of Owner audit of any Claim, Contractor shall, upon request, promptly make available to Owner any documents relating to the Claim, including but not limited to: .1 Daily time sheets and supervisor's daily reports; .2 Collective bargaining agreements; .3 Insurance, welfare, and benefits records; .4 Payroll registers; .5 Earnings records; .6 Payroll tax fortes; .7 Material invoices, requisitions, and delivery confirmations; .8 Material cost distribution worksheet; AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 46 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 266 User Notes: (3B9ADA2A) .9 Equipment records (list of company equipment, rates, etc.); .10 Vendors', rental agencies', Subcontractors', and agents' invoices; .11 Contracts between Contractor and each of its Subcontractors, and all lower -tier Subcontractor contracts and supplier contracts; .12 Subcontractors' and agents' payment certificates; .13 Canceled checks (payroll and vendors); .14 Job cost reports, including monthly totals; .15 Job payroll ledger; .16 Planned resource loading schedules and summaries; .17 General ledger; .18 Cash disbursements journal; .19 Financial statements for all years reflecting the operations on the Work. In addition, the Owner may require, if it deems it appropriate, additional financial statements for 3 years preceding execution of the Work; .20 Depreciation records on all company equipment whether these records are maintained by the company involved, its accountant, or others; .21 If a source other than depreciation records is used to develop costs for Contractor's internal purposes in establishing the actual cost of owning and operating equipment, all such other source documents; .22 All non -privileged documents which relate to each and every Claim together with all documents which support the amount of any adjustment in Contract Sum or Contract Time sought by each Claim; (Paragraph Deleted) .23 Work sheets or software used to prepare the Claim establishing the cost components for items of the Claim including but not limited to labor, benefits and insurance, materials, equipment, Subcontractors, all documents which establish the time periods, individuals involved, the hours for the individuals, and the rates for the individuals; and .24 Work sheets, software, and all other documents used by Contractor to prepare its bid. § 15.4.3 The audit may be performed by employees of Owner or a representative of Owner. Contractor and its Subcontractors shall provide adequate facilities acceptable to Owner for the audit during normal business hours. Contractor and all Subcontractors shall make a good faith effort to cooperate with Owner's auditors. § 15.5 CONTINUING CONTRACT PERFORMANCE Pending final resolution of a Claim, except as otherwise agreed in writing, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. § 15.6 CLAIMS FOR CONSEQUENTIAL DAMAGESThe Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 47 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD217 .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 14. Nothing contained in this Section 15.6 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAI"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 48 reproduction or distribution of this AIAI°' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 268 User Notes: (3B9ADA2A) Additions and Deletions Report for AIA® Document A201 TM —2007 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 19:19:35 on 10/27/2017. PAGE Tukwila Fire Stations 51, 52 and 54 Tukwila WA City of Tukwila 6200 Southcenter Boulevard Tukwila WA 98188 Weinstein A+U LLC, Limited Liability CoMpM dba: Weinstein A+U Architects + Urban Designers LLC 2200 Western Avenue Suite 301 Seattle, Washington 98121 PAGE 2 1.1.1,3.11.1 8.3.1, 11.3.10,44.�, 13.1.1,15.3.2,15.4 X2.4.1,3.12.7,4.1,4.2,5.2,6.3,7.1.2,7.3.7,7.4,9.2,9.3.1,9.4,9.5,9.6.3,9.8,9.10.1,9.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4, 15.1.3, 15.2.1 X2.4.1,11.3.1.1,12.2.1,13.5.2,13.5.3,14.2.4 X2.4.1, 3.1.3, 3.5, 3.10.2, 4.2.7 Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAc' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAc' 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD269 PAGE 3 9.7,11.3.9,11.3.10,413.1.1,15.2.5,15.2.6.1,15.3.1,15.3.2,15.4.1 1.1.1,z.4,- 4:2, �.7.^ x!!,2.4.1,3.4.2,3.7.4,3.8.2.3,3.11.1,3.12.8,4.2.8,5.2.3,7.1.2,7.1.3,7.2,7.3.2, 7.3.6, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.3.1.2, 11.3.4, 11.3.9, 12.1.2, 15.1.3 3.2.4, 3.''� , .4 64.r3.7.46.1.1, 8.3.2, 10.3.2, 15.1.5 41.6.1, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 PAGE 4 3.3.2, 3.18, X5.3.1, 6.1.3, 6.2, 9.5.1, 10.2.8 X2.4.1, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.7, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.3, 12.1.2, 12.2.1, 12.2.4, 13.5, 14 3.14, 6.2.5 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 44-.4,--10.4.1 11.3.1, 12.2.4 ''�4 2.3.1,2.4.1,3.5,4.2.6,6.2.5,9.5.1,9.5.2,9.6.6,9.8.2,9.9.3,9.10.4,12.2.1 3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 4410.4.1, 14.3.2, 15.1.5, 15.2.5 PAGE 5 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12,3-3.13.1, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 44.4-,-_10.4.1 14.3, 15.1.5, 15.2.5 4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.3.1, 11.3.5, �3-12.3.1, 14.2.4, 14.4.3 Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright 0 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAc' Document is protected by U.S. Copyright Law and 2 International Treaties. Unauthorized reproduction or distribution of this AIAc' 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 270 User Notes: (3B9ADA2A) 10.2.8,4-0-410.4.1 1.5, 3.2.3, 3.6, 3.7, 3.12.10, 44-�-3.13.1, 4.1.1, 9.6.4, 9.9.1, 10.2.2, 11.1.1, 11.3, 1?.1, 1?.4, 1?.5.1, 1?.�.', 1?A, 13.1.1, 13.4, 13.5.1, 13.5.2, 13.6.1, 14, 15.2.8, 15.4 X2.3.1, 3.2.2, 3.5, 3.12.10, 3.17, 3.18.1, 4.2.6, 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6�-0.49-.6-.-7-,9.6.4,9.6.7, 10.2.5, 10.3.3, 11.1.2, 11.2, 11.3.7, 12.2.5, 13.4.2 2.1.2,2.2,2.4,3.2.2,3.10,3.11,3.12.5,3.15.1,4.2.7,5.2,5.3.1,5.4.1,6.2.4,7.3,7.4,8.2,9.2,9.3.1,9.3.3,9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 11.3.1.5, 11.3.6, 11.3.10, 12.2, 13.5, 13.7, 14, 15 PAGE 6 1.1.3, 1.1.6, 1.5.1, 3.4.1,3.5,3.8.2,3.8.3,3.12,3 -3.13.1,3.15.1,4.2.6,4.2.7,5.2.1,6.2.1,7.3.7,9.3.2,9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 ''�4 2.3.1,2.4.1,3.5,4.2.6,6.2.4,9.5.1,9.8.2,9.9.3,9.10.4,12.2.1 2.2.1, -2�4 2.3.1, 2.4.1, 3.2.4, 3.3.1, 3.7.2, 3.12.9, 5.2.1, 9.7, 9.10, 10.2.2, 11.1.3, 12.2.2.1, 13.3, 13.5.1, 13.5.2, 14.1, 14.2, 15.2.8, 15.4.1 2.�, 2.4; 2.3.1, 2.4.1, 3.3.1, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 11.3.6, 12.2.2.1, 13.3, 14, 15.2.8, 15.4.1 1.5,2.1.1,22.4;-2.3.1,2.4.1,3.4.2,3.8.1,3.12.10,3.14.2,4.1.2,4.1.3,4.2.4,4.2.9,5.2.1,5.2.4,5.4.1,6.1,6.3, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.1.3, 11.3.3, 11.3.10, 12.2.2, 4-1--�-, 12.3.1, 13.2.2, 14.3, 14.4, 15.2.7 1.1.1, 1.1.6, 1.1.7, 1.5, 2.2.5, 3.2.2, �z , 3474.2.1r5.13.11.1, 3.17, 4.2.12, 5.3.1 4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.4.1, 4-L--�,--12.3.1, 13.7, 14.2.4, 14.4.3 PAGE 7 3.3.2,3.18,4.2.3,5.3.1,6.1.3,6.2,6.3,9.5.1,10 Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright 0 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAc' Document is protected by U.S. Copyright Law and 3 International Treaties. Unauthorized reproduction or distribution of this AIAc' 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD271 3.3.1, 4.2.2, 4.2.7, X5.3.1, 10.1, 10.2, 10.4 PAGE 8 3.1.3, 3.3.3, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 11.4.1,11.4.1.1, 12.2.1, 13.5 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 44.X10.4.1, 14.3.2, 15.1.5, 15.2.5 PAGE 10 ARTICLE 1 GENERAL PROVISIONS The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and ^^^sis+ of the n g+ee wi4t, once the parties execute the Guaranteed Maximum Price Amendment are as follows: the Agreement, and Guaranteed Maximum Price Amendment, Conditions of the Contract (General, Supplementary and other Conditions), Pr -a ii4gs Spee f;, a4ia,,s n ,adei4 a,. ; to prior- too „f;,,,, of tke GapA -ac4 thee- chat %ei4ts listed ;„ the approved Drawings and Specifications; approved Construction Schedule; approved Subcontract Plan; Modifications issued after execution of this Contract; the RFP document and its addenda for selection of the Contractor issued by the Owner; and the Contractor's written response to the RFP, including the fee proposal and price for Specified General Conditions Work. The order of precedence of these Contract Documents is: a. The AIA Document A133-2009, Standard Form of Agreement affd r aedifi .atieffs ; „a .,Ae - Between Owner and Construction Manager as Constructor, as modified by the parties, with the Guaranteed Maximum Price Amendment and Modifications having precedence; b. Revised A201 General Conditions; c. Specifications; d. Drawings (large scale have precedence over small scaled and written dimensions have precedence over scaled dimensions); e. Construction Schedule; f. Subcontract Plan Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAc' Document is protected by U.S. Copyright Law and 4 International Treaties. Unauthorized reproduction or distribution of this AIAc' 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 272 User Notes: (3139ADA2A) R. RFP Documents, h. Contractor's Proposal; of the GawF et Notwithstanding this order of precedence, Section 1.2.1 controls in the event of a conflict or consistency in Contract Document terms. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. 44elffde tke adveAiseme44 or- 4wita4iai4 to bid, 114stfH66014S to Bidders, sample �914RS, other- 44914Ra4i014 fttmished by r-elak ng to bi dii4g .o^, i+e+, PA -s The Contract Documents form the Contract, which represents the entire and integrated agreement between the Parties and supersedes prior negotiations, representation or agreements, either written or oral. The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect's consultants, (2) between the Owner and a Subcontractor or a Sub -subcontractor, except as set forth in Section 5.3 and Section 5.4 (3) between the Owner and the Architect or the Architect's consultants or (4) between any persons or entities other than the Owner and the Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 11.1.2.1 THE CONTRACTOR The term "Contractor" means the "Construction Manager," as identified and used in the Agreement, the modified AIA Document A133-2009. PAGE 11 The Work will be done in phases, by Fire Station: Fire Station 51, Fire Station 52, and Fire Station 54 (each, a "Fire Station"). Each Fire Station will have Preconstruction and Construction Phases. It is expected Fire Station 51 will commence first, with Fire Stations 52 and 54 occurring later and concurrently with each other. Each Fire Station under this Contract will be separately administered by the Owner from the other Fire Stations. The Contractor shall achieve Substantial Completion and Final Completion as to each Fire Station pursuant to the terms of the Contract. The Architect will as to each Fire Station issue a Certificate of Substantial Completion and a Certificate of Final Completion pursuant to the terms of the Contract and applicable law. The Owner will for each Fire Station issue a Notice of Acceptance following Final Completion and will issue a statutory notice to the Washington Department of Revenue of the Final Completion pursuant to the terms of the Contract and applicable law. Claims by Owner or Contractor shall conform to the time frames established by the Contract for each Fire Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAcl Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAcl 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD273 Station. An individual Maximum Allowable Construction Cost ("MACC") will be established for each Fire Station; but a fixed Fee and fixed amount for Specified General Conditions will be established at the time of Contract execution. § 1.1.9 KNOWLEDGE The terms "knowledge," "recognize," and "discover," their respective derivatives and similar terms in the Contract Documents as used in reference to the Contractor, shall be interpreted to mean that which the Contractor knows to should know), recognizes (or should recognize) and discovers (or should discover) in exercising the care, skill and diligence required by the Contract Documents. Analogously, the expression "reasonably inferable" and similar terms in the Contract Documents shall be interpreted to mean reasonably inferable by a contractor familiar with the Project and exercising the care, skill and diligence required of the Contractor by the Contract Documents. § 1,2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. -In the event of inconsistencies within or between parts of the Contract Documents or between the Contract Documents and applicable standards, codes and ordinances, the Contractor shall (i) provide the better quality or ;treater quantity of Work or (ii) comply with the more stringent requirement; either or both in accordance with the Architect's interpretation. The terms of this section shall not relieve the Contractor from obligations set forth in Sections 3.2 and 3.7. § 1,2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. Upon Owner's request, the Contractor shall provide certifications or other acceptable substantiation that applicable industry specifications and standards have been satisfied and that any substitution of specified products shall occur only upon prior consent of the Owner. PAGE 12 ARTICLE 2 OWNER § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAcl Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAcl 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 274 User Notes: (3B9ADA2A) § 2.1.2 444e Qymer- sha4l ftmiish to the GawFaetar- wi&-n Afteei4 days after- weeipt of a �A+ittei4 Fe"est, 44faffnat .representative, who at the commencement of the Project shall be Justine Kim, Shiels, Obletz, Johnsen, Inc. PAGE 13 § 2.5 EXTENT OF OWNER CONTROL In no event shall the Owner have control over, charge of, or any responsibility for construction means, methods, techniques, sequences or procedures or for safety precautions and programs in connection with the Work, notwithstanding any of the rights and authority granted the Owner in the Contract Documents. § 3.1,1 The Contractor is the person or entity identified as suelrthe "Construction Manager" in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, i required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor" ,wares the GaH4r- ^*^r ^r includes the Contractor and the Contractor's authorized representative. § 3,2,1 Execution of the Contract by the Contractor is a representation that the Contractor has the requisite knowledge and skill to carry out the Work and visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. Prior to execution of the Agreement and any subsequent subcontracts by Contractor, the Contractor and each Subcontractor have evaluated and satisfied themselves as to the conditions and limitations under which the Work is to be performed, including without limitation, (i) the location, condition, layout and nature of the Project site and surrounding areas; (ii) generally prevailing climatic conditions; (iii) anticipated labor supply and costs; (iv) availability and cost of materials, tools and equipment and (v) other similar issues. The Owner assumes no responsibility or liability for the physical condition or safety of the Project site or aniMprovements located on the Project site. Except as set forth in Section 10.3, the Contractor shall be solely responsible for providing a safe place for the performance of the Work. The Owner shall not be required to make any adjustment in either the Contract Sum or the Contract Time in connection with any failure by the Contractor or any Subcontractor to have complied with the requirements of this Section 3.2.1. PAGE 14 Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAcl Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAcl 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD275 § 3,2,2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional, ^iess athe .wise speeifwally pr-avided 4 the GawF et Pae me 4s recognizing that the Contractor has performed pre -construction services with the Architect and shall use such performance to inform its review under this section. The Contractor shall further satisfy itself as to the accuracy of all ;trades, elevations, dimensions and locations. In all cases of interconnection of its Work with existing or other work, Contractor shall verify at the site all dimensions relating to such existing or other work. Any failure of the Contractor to carry out the obligations of this section which result in errors shall be promptly rectified by the Contractor at no cost to the Owner. § 3,3,1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the GapA -aet tmiess tke Gai4 -aet r,,,,.HH40„+S giVO Othe f- ,. 46 444,.,,,.+;,,,,s g these +Hat4e Contract. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. Solely fespei4sible fef &14y less Of da++iage a+iS44g selelt, f+e++i these @�A%ef feq+tifed ++iea*s, ++ietkeds, te&Hi"es, PAGE 15 § 3,4,3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. The Contractor shall employ labor capable of working harmoniously and shall use best efforts to minimize the likelihood of any strike, work stoppage or other labor disturbance. The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements shall be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. The Contractor agrees to assign to the Owner at the time of final completion of the Work any and all manufacturers' warranties relating to materials and labor used in the Work and further agrees to perform the Work in such manner so as to preserve any and all such manufacturers' warranties. If necessary as a matter of law, the Contractor may retain the right to enforce such warranties during the warranty period following the date of Substantial Completion as set forth in Section 12.2. Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAcl Document is protected by U.S. Copyright Law and 8 International Treaties. Unauthorized reproduction or distribution of this AIAcl 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 276 User Notes: (3139ADA2A) § 3,7,1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the bttildii4g all permits, fees, licenses and inspections necessary for proper execution and completion of the Work. § 3,7,2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders and all other requirements of public authorities applicable to performance of the Work. The Contractor shall procure and obtain all bonds required by the Owner or by other authorities having jurisdiction over the Project. The Contractor shall obtain and pay for all approvals that may be necessary for the performance of the Work, such as street closures and other similar matters. § 3,7,4 Concealed or Unknown Conditions, If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall comply with the notice, and (if applicable) protest, provisions of Section 15.1.5. § 3,7,5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall „^ti f ., the Qyme . ,.n A,-ehiteet Up,,,,r-eeeipt of stte Shall GOR44Me W44 all 0040f- Opef-a4iOHS 4ia4 da i4at affeet these r-emaifis E)r- featu+es. Re -quests �qr- aE�tts e.4 -44's i-4-4- thlipe ^...: comply with the notice, and (if applicable) protest, provisions of Section 15.1.5. PAGE 16 Whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Qfder-.-Order before procurement or performance of the allowance work. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor's costs under Section 3.8.2.2. § 3,9,1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. -As provided in the Agreement, Contractor's superintendent and project manager shall be identified in the Guaranteed Maximum Price Amendment. Contractor shall not substitute the superintendent or project manager without the consent of the Owner for such substitution as provided in the Agreement. Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAc' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAc' 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD277 § 3,10,1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the ;;Ah. The-sehed*le-Work ("Construction Schedule"). The Construction Schedule shall be a critical path schedule, which Contractor warrants to represent an accurate and achievable set of deadlines under which this Project will be constructed, and as subsequently modified by agreement with Owner. The Construction Schedule shall not exceed time limits current under the Contract Documents, shall be undated monthly and revised at other appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. § 3,10,2 The Contractor shall prepare a submittal schedule, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Architect's approval. The Architect's approval shall not unreasonably be delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor's eeiis,,..,e fieii ,,, hedt le Construction Schedule, and (2) allow the Architect reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. PAGE 17 J 3,10,4 The Construction Schedule shall be in a detailed precedence -style critical path management ("CPM") or primavera-type format satisfactory to the Owner and the Architect that shall also (i) provide a graphic representation of all activities and events that will occur during performance of the Work, (ii) identify each phase of construction and occupancy; and (iii) set forth dates that are critical in ensuring the timely and orderly coMpletion of the Work in accordance with the requirements of the Contract Documents (hereinafter referred to as "Milestone Dates"). Upon review and acceptance by the Owner and the Architect of the Milestone Dates, the Construction Schedule shall be deemed part of the Contract Documents and attached to the Guaranteed Maximum Price Amendment. If not accepted, the Construction Schedule shall be promptly revised by the Contractor in accordance with the recommendations of the Owner and the Architect and resubmitted for accentance. The Contractor shall monitor the progress of the Work for conformance with the requirements of the construction schedule and shall promptly advise the Owner of an�ays or potential delays. The accepted construction schedule shall be updated to reflect actual conditions as set forth in Section 3.10.1 or if requested by either the Owner or the Architect. In the event any progress report indicates any delays, the Contractor shall propose an affirmative plan to correct the delay, including overtime and/or additional labor, if necessary. In no event shall M progress report constitute an adjustment in the Contract Time, any Milestone Date or the Contract Sum unless any such adjustment is agreed to by the Owner and authorized pursuant to Change Order. Float in the schedule belongs to the Project. 1 3,10,5 In the event the Owner determines that the performance of the Work, as of a Milestone Date, has not progressed or reached the level of completion required by the Contract Documents, the Owner shall have the right to order the Contractor to take corrective measures necessM to eLpedite the progress of construction, including without limitation, (i) working additional shifts or overtime, (ii) supplying additional manpower, equipment and facilities and (iii) other similar measures (hereinafter referred to collectively as `Extraordinary Measures"). Such Extraordinary Measures shall continue until the progress of the Work complies with the stage of completion required by the Contract Documents. The Owner's right to require Extraordinary Measures is solely for the purpose of ensuring the Contractor's compliance with the Construction Schedule. Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAcl Document is protected by U.S. Copyright Law and 10 International Treaties. Unauthorized reproduction or distribution of this AIAcl 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 278 User Notes: (3B9ADA2A) ,1 The Contractor shall not be entitled to an adjustment in the Contract Sum in connection with Extraordinary Measures required by the Owner under or pursuant to this Section 3.10.5. ,2 The Owner may exercise its rights under or pursuant to this Section 3.10.5 as frequently Owner deems necessary to ensure that the Contractor's performance of the Work will comply with any Milestone Date or completion date set forth in the Contract Documents. j 3,10,6 The Owner shall have the right to direct a postponement or rescheduling of any date or time for the performance of any part of the Work that may interfere with the operation of the Owner's premises or any tenants or invitees thereof. The Contractor shall, upon the Owner's request, reschedule any portion of the Work affecting operation of the premises during hours when the premises are not in operation. Any postponement, rescheduling or performance of the Work under this Section 3.10.6 may be grounds for an extension of the Contract Time, if permitted under Section 8.3.1 and an equitable adjustment in the Contract Sum if (i) the performance of the Work was properly scheduled by the Contractor in compliance with the Contract Documents and (ii) such rescheduling or postponement is required for the convenience of the Owner. PAGE 18 § 3.12. 10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design orf fm^^^e and deli.,, ^r-i4e+ ^ 41a4 stleh sei=�4eesst satisfyprofessionals. Pursuant to this Section 3.12.10, the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance and design criteria specified in the Contract Documents. §, 3,13,1 The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. PAGE 19 j 3,13,2 Only materials and equipment that are to be used directly in the Work shall be brought to and stored on the Project site by the Contractor. After equipment is no longer required for the Work, it shall be promptly removed from the Project site. Protection of construction materials and equipment stored at the Project site from weather, theft, damage and all other adversity is solely the responsibility of the Contractor. The Contractor shall ensure that the Work, at all times, is performed in a manner that affords reasonable access, both vehicular and pedestrian, to the Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAcl Document is protected by U.S. Copyright Law and 11 International Treaties. Unauthorized reproduction or distribution of this AIAcl 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD279 site of the Work and all adjacent areas. The Work shall be performed, to the fullest extent reasonably possible, in such a manner that public areas adjacent to the site of the Work shall be free from all debris, building materials and equipment likely to cause hazardous conditions. § 3.13.3 Without limitation of any other provision of the Contract Documents, the Contractor shall use best efforts to minimize any interference with the occupancy or beneficial use of (i) any areas and buildings adjacent to the site of the Work and (ii) the Work in the event of partial occupancy, as more specifically set forth in Section 9.9. Without prior approval of the Owner, the Contractor shall not permit any workers to use any existing facilities at the Project site, including without limitation, lavatories, toilets, entrances and parking areas other than those designated by the Owner. .1 Without limitation of any other provision of the Contract Documents, the Contractor shall use its best efforts to comply with all rules and regulation promulgated by the Owner in connection with the use and occupancy of the Project. The Contractor shall immediately notify the Owner in writing if during the performance of the Work the Contractor finds compliance of any portion of such rules and regulations to be impracticable, setting forth the problems and suggesting alternatives. The Owner, in its sole discretion, may adopt such suggestions or require compliance with existing rules and regulations. .2 The Contractor shall comply with all insurance requirements and collective bargaining agreements applicable to the Project. PAGE 20 § 3.18.1 Wafk pr -a ide The Contractor shall defend, indemnify and hold the Owner, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the perfortnance of this Agreement, except for injuries and damages caused by the sole negligence of the Owner. aets they mat, be liable, r-ega+d4ess of whetlwr- or- 140t Stfoh Glaim, damage, less or- O?CPO14se is ealsed ifi PaA by a Pafty 44-94 3.18.2 Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injM to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the Owner, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAc' Document is protected by U.S. Copyright Law and 12 International Treaties. Unauthorized reproduction or distribution of this AIAc' 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 280 User Notes: (3B9ADA2A) disabili4y beiw ;. aets of athe . omplayee beiw& aets the indemnification provided herein constitutes the Contractor'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. j 4,1,4 When the Contract Documents require the Architect to act within a reasonable time it is understood and agreed that such action shall be within two (2) weeks. § 4,2,1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner's representative during construction until the date the ^ ehiteet issttes tke final Get4 f46 0 f r P,..., 014 final payment is due and from time to time during the warranty period for correction of Work as set forth in Section 12.2. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4,2,2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, 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 ^ ehiteet will .,^t be -equ -e e make &4iaffstivo ^r eaR4 metes Architect's on-site inspections to check the quality or quantity of the earl. Work shall be conducted as required by the Contract Documents, the Owner -Architect Agreement and as required by the applicable professional standard of care and Judgment. The Architect will not have control over, charge of, or responsibility for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Section 3.3.1. § 4,2,3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent ^ai4stF efiai sehe le Construction Schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor's failure to perforin the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. PAGE 22 § 5,1,1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the &4e—.site and whose procurement and contract shall comply with Ch. 3 9. 10 RCW for GC/CM projects. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA1' Document is protected by U.S. Copyright Law and 13 International Treaties. Unauthorized reproduction or distribution of this AIAc' 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD281 § 5.2.1 mss As provided by Ch. 39.10 RCW for GC/CM projects and unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to any such proposed person or entity or (2) that the Architect requires additional time for review. Failure of the Owner or Architect to reply within the 14 -day period shall constitute notice of no reasonable objection. J 5.2.5 The Contractor shall comply with other subcontracting requirements in the Contract Documents, including without limitation Sections 2.3.3 and 2.6 of the Agreement. PAGE 23 By ^ ia4e ^ e44 , ^ ttei ,.4er-e lega4 , ,.o^,,ife f r va4idity, written subcontract agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work, which the Contractor, by these Documents, assumes toward the Owner^^�'�._Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub -subcontractors. § 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 dada pursuant to Section 14.2, the Subcontractor's compensation shall be equitably adjusted for increases in direct cost resulting from the suspension. § 5.4.3 Upon such assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor contractor's obligations under the subcontract that accrue subsequent to the Owner's conditional assignment pursuant to this Section 5.4. § 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the involved beeattse of stteh aetiai4 by the Qymer-, tke GapAr-aetar- shall make stteh Claim as pr-aN4ded ifi A44iele .site. Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright 0 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAcl Document is protected by U.S. Copyright Law and 14 International Treaties. Unauthorized reproduction or distribution of this AIAcl 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 282 User Notes: (3139ADA2A) § 6.1.2 The Contractor shall provide construction management required to interface and integrate the work of the Owner's Consultant/Contractors performing construction work on the Project with the Work of the Contractor G0+14F-aGtE)F With thO WOfk Of thO GE414a6ter-, w4E) s4all eaeper-ate w414 them. The Qwt+aetar- sha4l pai4ieipate w414 F -e -,,4441S tO the GEMStM660+1 S640"10 deemed +1e60SSa+y after- a j0ifit F-ON40W a -Rd ffMPdal aff-MRORt. 4:40 GEMStmGfi subse"e+i4'y wvis a and its subcontractors. The Contractor shall ensure that all such Owner Project Consultant/Contractors cooperate with the Contractor's Project safety programs, Project Schedule and Project work rules as required for the efficient completion of the Work. The Contractor shall assist the Owner to develop the terms and conditions for agreements with Owner's separate Proiect Consultant/Contractors in this regard and the Owner § 6.1.4 Unless athefwise provided 41 the GE)wFaOt PE)OHMORtS, W40+1 040 QVM0F P049fMS 60+14MG60+1 E)F- .shall incorporate reasonable terms in its agreements with the Owner's Consultant/Contractors to facilitate the Contractor's construction management role. Those Owner's Consultant/Contractors performing construction work as Project Contractors shall be required to endorse their insurance coverage's to name the Contractor as an additional named insured for their commercial general liability insurance coverage. This requirement shall include the Owner's Consultant/Contractor retained to remove and or abate Asbestos and other Hazardous Materials. The Contractor is not responsible for the work of the Asbestos and Hazardous Materials removal Project Contractor. j 6.1.3 The Contractor shall be responsible for all Owner pre -purchased items as if the Contractor were the original purchaser where such items have been identified n the Contract Documents. PAGE 24 17.2.2 Agreement on any Change Order shall constitute a final settlement of all matters relating to the change in the Work that is the subject of the Change Order, including without limitation, all direct and indirect costs and consequential damage associated with such change, including the cumulative impacts of that change with other changes. and anv and all adiustments to the Contract Sum and Contract Time and Construction Schedule. PAGE 25 § 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAc' Document is protected by U.S. Copyright Law and 15 International Treaties. Unauthorized reproduction or distribution of this AIAc' 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD283 provided in the Contract Documents, costs for the purposes of this Section 7.3.7 shall be limited to 44e f9110 "''„..reasonable costs of the following, directly attributable to the change: .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; To support the reasonableness of the costs attributable to a change, Contractor shall provide supporting information and documentation reasonably requested by Owner, including without limitation, certified payrolls and invoices. PAGE 26 § 7.5 OVERHEAD, PROFIT, AND OVERTIME j 7.5.1 For any adjustments to the Contract Sum that are based on any method other than the unit price method, the Contractor agrees to charge and accept as payment for overhead and profit, the following percentages of costs attributable to the change in the Work: .1 Eight percent (8%) for Changes in the Work paid from Owner's contingency. .2 Zero percent (0%) for Changes in the Work paid from the MACC Contingency. .3 For additional Work ordered as described above that will be self -performed by Contractor (i.e., using its own forces) or executed by Subcontractors or Sub -subcontractors of any tier, it is agreed that the entity actually performing the Work will be permitted to charge a total of fifteen percent (15%) for overhead and profit, and upper tier Subcontractors and Contractor shall charge no more than eight percent (8%) on such Changed Work. .4 When both additions and credits are involved in any one change, the allowance for overhead and profit shall be figured on the basis of the net increase, if M. The overhead and profit percentage in this Section 7.5.1 includes reimbursement for indirect and direct costs associated with the management of the Change Work. Therefore no additional markups or direct costs will be allowed in Change Order pricing. This includes, without limitation, coordination, ordering of materials, field office and home office costs, estimating and scheduling, preparation of the change and pricing, indirect supervision and non -working foreman, safe!y, , and supervision. Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAc' Document is protected by U.S. Copyright Law and 16 International Treaties. Unauthorized reproduction or distribution of this AIAc' 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 284 User Notes: (3B9ADA2A) J 7,5,2 Overtime, when specifically authorized by the Owner and not as an Extraordinary Measure, shall be paid for by the Owner on the basis of premium payment only plus the cost of insurance and taxes based on the premium payment period. Overhead and profit will not be paid by the Owner for overtime. PAGE 27 § 8,3,1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner; or by changes ordered in the Work; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control; or by delay authorized by the Owner pending mediation and arbitration; or by other causes that the Architect determines may justify delay, then the Contract Time shall be extended by Change Order to the extent such delay will prevent the Contractor from achieving Substantial Completion within the Contract Time and if the performance of the Work is not, was not, or would not have been dela. ed by. other cause for which the Contractor is not entitled to an extension in the Contract Time under the Contract Documents. The Contractor further acknowledges and agrees that adjustments in the Contract Time will be permitted for a delay only to the extent such r asai4able time as the ^ ehiteet Faiay dete aiiw. delay (i) is not caused or could not have been anticipated by the Contractor; (ii) could not be limited or avoided by the Contractor's timely notice to the Owner of the delav or reasonable likelihood that a delav will occur; and (iii) is of a duration not less than one (1) day. § 8,3,3 Float is defined as the difference between the earliest start date and the latest start date of activities on the Critical Path Method (CPM) Construction Schedule. Float is not for the exclusive use of the Contractor or the Owner unless otherwise agreed upon. Extensions of time for contract performance will be granted only to the extent that equitable time adjustments to affected activities exceed the total float time along the affected paths of the current CPM at the time of the Notice to Proceed was issued for the change. Should the Contractor submit CPM or change order schedules showing early completion of the project or affected activities, the Contractor is not entitled to claim the float between the early completion and the contract scheduled completion or the affected paths of the current CPM for any compensation purposes, including, without limitation, the assertion of delav and damages J 8,3,4 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. The r^�Total Contract Cost (TCC) is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. The "Contract Sum," as used in the Contract Documents, shall refer to shall refer to the TCC. 1.2,1 The Contractor shall submit to the Architect, b6me tke 4+st ^ pplie iii r P^.,, e* within ten(10) days of full execution of the Guaranteed Maximum Price Amendment, a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAcl Document is protected by U.S. Copyright Law and 17 International Treaties. Unauthorized reproduction or distribution of this AIAcl 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD285 j 9,2,2 The Contractor and each Subcontractor shall prepare a trade payment breakdown for the Work for which each is responsible, such breakdown beim submitted on a uniform standardized form approved by the Architect and Owner. The forth shall be divided in detail sufficient to exhibit areas, floors and /or sections of the Work, and/or by convenient units and shall be updated as required by either the Owner or the Architect, as necessary to reflect (i) description of Work (listing labor and material separately), (ii) total value, (iii) percent of the Work completed to date, (iv) value of Work completed to date, (v) percent of previous amount billed, (vi) previous amount billed, and (vii) current percent completed. Any trade breakdown that fails to include sufficient detail, is unbalanced or exhibits "front -loading" of the value of the Work shall be rejected. If trade breakdown had been initially approved and subsequently used but later was found improper for any reason, sufficient funds shall be withheld from future Applications for Payment to ensure an adequate reserve (exclusive of normal retainage) to complete the Work. PAGE 28 § 9,3,1 At least ten (lhdays before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and shall reflect retainage if provided for in the Contract Documents. j 9,3,1,3 Each Application for Payment shall be accompanied by the following, all in form and substance satisfactory to the Owner: (i) a current Contractor's lien waiver and duly executed and acknowledged sworn statement showing all Subcontractors and material suppliers with whom the Contractor has entered into subcontracts, the amount of each such subcontract, the amount requested for any Subcontractor and material supplier in the requested progress payment and the amount to be paid to the Contractor from such progress payment, together with similar sworn statements from all such Subcontractors and material suppliers; (ii) duly executed waivers of mechanics' and material suppliers' liens from all Subcontractors and, when appropriate, from material suppliers and lower tier Subcontractors establishing payment or satisfaction of payment of all amounts requested by the Contractor on behalf of such entities or persons in any previous Application for Payment; and (iii) all information and materials required to comply with the requirements of the Contract Documents or reasonably requested by the Owner or the Architect. § 9,3,2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's inter-estT-interest and which as to offsite materials at a minimum will establish title vested in the Owner evidenced by documentation, including without limitation, recording financing statements, UCC filings and UCC searches, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. § 9,3,3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. The Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAcl Document is protected by U.S. Copyright Law and 18 International Treaties. Unauthorized reproduction or distribution of this AIAcl 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 286 User Notes: (3B9ADA2A) Contractor will defend, hold harmless and indemnify the Owner from any liens, claims, security interests or encumbrances arising from any failure in these warranties due to the Contractor's acts and/or omissions. PAGE 29 The Owner may independently withhold payment if, in its opinion, any of the reasons stated above for withholding a Certificate for Payment exists. § 9,6,2 The Contractor shall pay each Subcontractor no later than seven Cjdays after receipt of payment from the Owner the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in a similar manner. PAGE 30 19,6,8 Partial and Final Payment for the Work shall be subject to Contractor compliance with providing performance and payment bonds as provided in Ch. 39.08 RCW and retainage as provided in Ch. 60.28 RCW. j 9,7,1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut -down, delay and start-up, plus interest as provided for in the Contract Documents. j 9,7,2 If the Owner is entitled to reimbursement or payment from the Contractor under or pursuant to the Contract Documents, such payment shall be made promptly upon demand by the Owner. Notwithstanding an. hin contained in the Contract Documents to the contrary, if the Contractor fails to promptly make M pgMent due the Owner of if the Owner incurs any costs and expenses to cure any default of the Contractor or to correct defective Work, the Owner shall have an absolute right to offset such amount against the Contract Sum and may, in the Owner's sole discretion, elect either to (i) deduct an amount equal to that which the Owner is entitled from any payment then or thereafter due the Contractor from the Owner or (ii) issue a written notice to the Contractor reducing the Contract Sum by an amount equal to that which the Owner is entitled. § 9,8,1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended mouse; provided, however, that as a condition precedent to Substantial Completion, the Owner has received all certificates of occupancy and Mother permits, approvals, licenses and other documents from any governmental authority having jurisdiction thereof necessary for the beneficial occupancy of the Project. PAGE 31 Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAcl Document is protected by U.S. Copyright Law and 9 International Treaties. Unauthorized reproduction or distribution of this AIAcl 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD287 § 9.10 PHYSICAL COMPLETION, FINAL COMPLETION AND FINAL PAYMENT § 9.10.0 Physical Completion is the stage of the Work when all construction is complete and acceptable to Owner, including all punch list items. Final Completion is the stage of Work after Physical Completion when Contractor has provided all documentation required by the Contract Documents or at law for the Owner to formally accept the Project and release retainage. § 9.10.1 Upon receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a Certificate of Physical Completion stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract' aet mel4s al4d tha4 Documents. Upon receipt of all required documentation for Final Payment, the Architect shall issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on-site visits and inspections, the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. Further, the final Certificate of Payment will not issue until all warranties and guarantees required by the Contract Documents have been received and accepted by the Owner. PAGE 32 § 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. The Contractor shall also be responsible, at the Contractor's sole cost and expense, for all measures necessM to protect M property adjacent to the Project and improvements therein. Any damage to such prgpeLly or improvements shall be promptly repaired by the Contractor. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified pefse 4&personnel and shall give the Architect and Owner reasonable advance notice of such use, storage and/or methods. PAGE 33 Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAcl Document is protected by U.S. Copyright Law and 20 International Treaties. Unauthorized reproduction or distribution of this AIAcl 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 288 User Notes: (3B9ADA2A) If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. The Contractor shall promptly report to the Architect and Owner all accidents. If Work is suspended on the Project for any reason, the Contractor shall secure and fully protect the Work. § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a concealed and undisclosed hazardous material or substance not addressed in the Contract Documents and which could not have been discovered by Contractor actions pursuant to Section 3.2.2. and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. § 10.3.3 of the ^^�, see4 i4g i,ao an that levels of asbestos and polychlorinated biphenyls are less than M gpplicable exposure standards set forth in OSHA regulations. In no event, however, shall the Owner have any responsibility for any substance or material that is brought to the Project site by the Contractor, any Subcontractor, any material supplier or any entity for whom any of them is responsible. The Contractor agrees not to use any fill or other materials to be incorporated into the Work that are hazardous, toxic or made ul) of any items that are hazardous or toxic. PAGE 34 § 11.1 CONTRACTOR'S LIABILITY INSURANCE § 11.1.1 Set f R, below ,.,} ie +Ray at4 of OF FeStf t f+am the Insurance Term. The Contractor shall procure and maintain insurance, as required in this Section, without interruption from commencement of the Contractor's work through the term of the contract and for one year thereafter. Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAc' Document is protected by U.S. Copyright Law and 21 International Treaties. Unauthorized reproduction or distribution of this AIAc' 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD289 11.1.2 No Limitation. The Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the Owner's recourse to any remedy available at law or in equity_ of the +%-ty be lia 4e § 11.1.3 Minimum Scope of Insurance. The Contractor's required insurance shall be of the types and coverage as stated below: pplie ble to the � afk to ^^rf r . ^';1. Automobile Liability insurance covering all owned, non - owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. r^^*F^^*^r's ^m^'^��^^�;2. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, stopgap liability, personal injury and advertising injur, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The Owner shall be named as an additional insured under the Contractor's Claim -s tie)r- damages beeats€of ��zRj'ttFj', SiG"OSS ei ams€as€, OF dead -Commercial General Liability insurance policy with respect to the work performed for the Owner using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. . Professional Liability or Errors and Omissions coverage which shall cover claims resulting from professional errors and omissions of Contractor and any of its Subcontractors/Sub consultants in connection with the Work provided such claims arise during the period commencing upon the preparation of the construction documents and ending ten Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAc' Document is protected by U.S. Copyright Law and 22 International Treaties. Unauthorized reproduction or distribution of this AIAc' 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 290 User Notes: (3B9ADA2A) PAGE 35 (10) years following the Final Acceptance Date. Such insurance shall be in form acceptable to the Owner. Such insurance shall be written to cover all costs of correcting defects and deficiencies (including unapproved deviations) arising from the professional liability or ^ -ship mai+Aei ^^^^ ^ tse errors and omissions of Contractor and the Subcontractors providing desipm, engineering or other professional services, at all tiers, shall be written on a project -specific basis. The insurance policy shall include an endorsement, in form approved by the Owner, providing the Owner with vicarious liability coverage. Such insurance shall be excess to liability insurance required hereunder as respects third party ipjM and property damage claims. The polio not contain any.provision or exclusion (including any so-called `insured versus insured' exclusions or `cross -liability' exclusion) the effect of which would be to prevent, bar, or otherwise preclude the Owner or the Contractor from making a claim which would otherwise be covered b. such on the grounds that the claim is brought by an insured or additional insured against an insured or additional insured under the policy. § 11.1.4 Minimum Amounts of Insurance. The Contractor shall maintain the following insurance limits: m^'^r i,eh ele;1. Automobile Liability insurance with a :? Cis f, badib, eity damage ansingattt of eampleted aper-afiai4s-; minimum combined single limit for bodily injury and property damage of $3.000.000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $5.000.000 each occurrence. $10,000,000 general aggregate and $10.000.000 products -completed operations aggregate limit. 3. Professional Liability or Errors and Omissions coverage of no less than $10 million per claim, with a general aggregate limit of no less than $10 million. §!!44shall be �A+44ei4 for- i4at less t4an limits of liability whetl ^r �A+ittei E)i4 ai4 aeaffetwe 11.1.5 Public Entity Full Availability of Contractor Limits. If the Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA1' Document is protected by U.S. Copyright Law and 23 International Treaties. Unauthorized reproduction or distribution of this AIAc' 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD291 Contractor maintains higher insurance limits than the minimums shown above, the Owner shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this contract or whether any certificate of insurance furnished to the Owner evidences limits of liability lower than those maintained by the Contractor. or- Glaims made basis, shall be maifita4l4ed witkatft intefMptiafi fFO+R the date of G0+P,4%014G0+R0PA of 040 Wafk tmfil 11,1,6 Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the Owner. Any insurance, self-insurance, or self-insured pool coverage maintained by the Owner shall be excess of the Contractor's insurance and shall not contribute with it. ape+a4ial4s eave+age' tm4i! the 0?CPi+afi0i4 of tke period for- eaffeefiai4 of Wafk or- �qr- stteh other- period - 11,1,7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. the Wafk ^^d thee-e^f*^r „r^„ F-elwwal ^ oplaeomet4t of 11.1.8 Verification of Coverage. The Contractor shall furnish the Owner with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsements, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the Owner, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this contract and evidence of all subcontractors' coverage. eaffW14 a pr-avisiO14 41a4 eave+ages afforded tmder- the polioies will i4at be eaneeled or- a4lowed to e*pir-e tmfil a4 least 11.1,9 Subcontractor's Insurance. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Owner is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. 11,1,10 Notice of Cancellation. The Contractor shall provide the Owner and all Additional Insureds for this work with written notice of M policy cancellation within two business days of their receipt of such notice. Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright 0 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAc' Document is protected by U.S. Copyright Law and 24 International Treaties. Unauthorized reproduction or distribution of this AIAc' 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 292 User Notes: (3B9ADA2A) PAGE 36 11.1.11 Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the Owner may, after giving five business days' notice to the Contractor 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 Owner on demand, or at the sole discretion of the Owner, offset against funds due the Contractor from the Owner. § 11.3 PROPERTY INSURANCE § 11.3.1 subeaR4me*^r^ 4 the Drgjec4 The Owner shall purchase and maintain Builder's Risk Property Insurance for property against all risks of physical loss or damage, including earthquake and quake, for the replacement cost as of the property at the time of loss. The policy shall cover the Citv of Tukwila Fire Stations 51, 52, 54 Project and each of its component parts. Such insurance shall waive subrogation under such insurance and rights of recovery under the deductible in favor of the Contractor and subcontractors except to the extent that loss or damage up to $25,000 each loss ($5,000 if for property while in transit) may be due to the negligence of the Contractor or to the extent that loss or damage up to $5,000 may be due to the negligence of any subcontractor. Contractor and Subcontractors shall not be responsible for any losses exceeding any sublimits included within the Builder's Risk policy. § 11.3.1.1 n ^ r -e as tfit of S„^,, inswed lass.Builder's Risk Property Insurance shall cover all materials, supplies, and equipment that are intended for specific installation in the project while such materials, supplies and equipment are located at the project site, in transit or while temporarily located away from the project site. However, Builder's Risk insurance does not cover Contractor or subcontractors' owned, hired, or leased property or tools, equipment, or supplies used for construction and not intended to form a permanent part of the Work, for which Contractor and subcontractors shall be responsible. § 11.3.1.3 d[Intentionally omitted] Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA1' Document is protected by U.S. Copyright Law and 25 International Treaties. Unauthorized reproduction or distribution of this AIAc' 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD293 § 11.3.1.4 This pr-apeflt, 44stwanee shall eaver- p014i014S Of the Wafk Star -ed 09440 Site, and alSa p014i014S Of 440 Wafk 44 tF F,4,11aLentionally ontittedi [Intentionally omitted] § 11.3.3 LOSS OF USE INSURANCE- 11.3.6 [Intentionally omitted] IMM&W — 11.3.7 WAIVERS OF SUBROGATION PAGE 37 § 11.3.5 if dwing tke Pr-qjeet eai4stmetiai4 period the 0 apei4ies, wa4 or- per-sai4a4 ar- both, at a aE�aee44 to the site by pr-apeflt, 44stwaiwe tmder- polioies I se 44stffil4g the pr-qjeet, or- if after- AHal pajqHeR4 pr-apei4j, insurance is to be pr-avided 014 040 eampleted pr-qjeet thfatfgh a P0465, or- PoliGies atker- 41aH thosee- iRSiffiRg the PF-BjeOt ElHfifig 040 G0f1StMG6ai4 period, the Owner- shall waive all rights 44 aeoer-danee with tke tefms 9 seetim 1 !.�.7 for- damages ealsed by 4fe or- atker- eatses of less eaver-ed by tkis sepa+a4e pfapeflt, 44stwalwe. All separ-a4e pal i I " . , do tkis Waiver- of s4r-aga4i014 by 014dar-se+R014 or- atkefwise.lf permitted by the Owner's and Contractor's insurance companies, without penalties, the Owner Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright 0 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AlAc' Document is protected by U.S. Copyright Law and 26 International Treaties. Unauthorized reproduction or distribution of this AlAc' 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 294 User Notes: (3B9ADA2A) 444er- and Contractor waive all rights against (1) each other and any of their subcontractors, sub - subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub -subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent hof actual recovery of any insurance proceeds under any property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner ^s "in z:ood faith. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontractors, sub -subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. § 11.3.8 A loss insured under the Owner's property insurance shall be adjusted by the Owner as f4du4af�-in�ood faith and made payable to the Owner as 4" ood faith for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub -subcontractors in similar manner. § 11.3.9 If required in writing by a party in interest, the Owner ^stein ;ood faith shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as 4",4a4-1-.- ood faith. The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or as determined in accordance with the method of binding dispute resolution selected in the Agreement between the Owner and Contractor. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7. § 11.3.10 The Owner amain ood faith shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection is made, the dispute shall be resolved in the manner selected by the Owner and Contractor as the method of binding dispute resolution in the Agreement. If the Owner and Contractor have selected arbitration as the method of binding dispute resolution, the Owner ^stein ood faith shall make settlement with insurers Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAc' Document is protected by U.S. Copyright Law and 27 International Treaties. Unauthorized reproduction or distribution of this AIAc' 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD295 or, in the case of a dispute over distribution of insurance proceeds, in accordance with the directions of the arbitrators. § 11.4.1 The Contractor shall furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract and in compliance with Ch.39.08 RCW, provided that the surety for each bond agrees that it consents to and waives notice of any addition, alteration, omission, change, or other modification of the Contract Documents and such events shall not release the surety of its obligations. Surety also shall be obligated under the bonds to any successor, grantee or assignee of the Owner. j 11.4.3 The Contractor shall keep the surety informed of the progress of the Work and the Owner may, at its sole discretion, inform the sure1y of the progress of the Work. 111.5 GENERAL REQUIREMENTS PAGE 38 j 11.5.1 All insurance coverage procured by the Contractor shall be provided by insurance companies having policy holder ratings no lower than "A" and financial ratings not lower than' XII" in the Best's Insurance Guide, latest edition in effect as of the date of the Contract and subsequently in effect at the time of renewal of any policies required by the Contract Documents. 111.5.2 If the Owner or the Contractor is damaged by the failure of the other party to purchase or maintain insurance required under Article 11, then the party who failed to purchase or maintain the insurance shall bear all reasonable costs (including attorneys' fees and court and settlement expenses) properly attributable thereto. § 12.2.1 QCC(1DC (1D ACTCD S ERSTAAITIAI GGIMPI FETInnIIf a portion of the Work is covered contra requirements in the Contract Documents, it must, if required in writing by Owner, be uncovered for Owner's observation and be replaced at the Contractor's expense and without change in the Contract Time. Further, if in the course of the Work, the Contractor or its Subcontractors have used or damaged any portion of the work, the Contractor shall cause such Work to be restored to "like new" condition at no expense to the Owner. j 12.2.2 If, at any time prior to Substantial Completion, Owner desires to examine M portion of the Work that has been covered, Owner may request to see such Work and Contractor shall uncover it. If such Work is in accordance with the Contract Documents, the Contractor shall be entitled to an adjustment in the Total Contract Cost for the costs of uncovering and replacement, and, if the Work is thereby delayed, an adjustment in the Contract Time, provided it makes a request therefore as provided in these General Conditions. If such Work is not in accordance with the Contract Documents, the Contractor shall pay the costs of examination and reconstruction. Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAc' Document is protected by U.S. Copyright Law and 28 International Treaties. Unauthorized reproduction or distribution of this AIAc' 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 296 User Notes: (3B9ADA2A) T4e-1§ 2.2.3 Contractor shall promptly correct Work releeted by toe ^ r&iteet ^r f i ^ found by Owner not to conform to the requirements of the Contract Documents, whether diseei,efed observed before or after Substantial Completion and whether or not fabricated, installed, or completed. Contractor shall bear all costs of correcting such nonconforming Work, including additional testing and § 12.2.2.144 ,., d4ia„ to the CaWF^^tar's abli ., iai4s , der- Seetia„ � 5 ,f inspections. If, within one year after the f date of Substantial Completion of the Work or designated portion d oro^^r after- the date for- ^^ ^ ^^^^^ ^^^* of waffawies established , de+ Seetia„ 9.9. ' - by toffs of ^„ thereof, or within the terms of any applicable special warranty required by the Contract Documents if lon er than one ear, any of the Work is found to be not in accordance with the requirements of the Contract Documents, 4w -Contractor shall correct it promptly after receipt of written notice from the Qyme ..^ da s iess d 4e Qymer- has r tsb, give„ the r wtr-aet+itto„ ^or.^^^o ^f stieh eEwd4;^„ �Owner to do so. Owner shall give such notice promptly after discovery of the condition. ^r-danee with Seetia^ 2.4.This period of correction § 12.2.2.2 Two ^ )d f r eofFeetioI4 of Wofk shall be ex4ei4ded shall be extended, with respect to portions of Work Ar-st c44a-p*i^' COMP 0604 finished after Substantial Completion, by the period of time between Substantial Completion and the actual eamp etiE ^f tkat ^a 4w performance of the Work. ptwsuaR4 to this Seetia„ '''.''.Contractor's duty to correct with respect to Work repaired or replaced shall run for one year from the date of repair or replacement. § 1','�e 12.2.4 Contractor shall remove from the Project site portions of the Work #w -t -which are not in accordance with the requirements of the Contract Documents and are neither corrected by dw-Contractor nor accepted by Owner. Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAc' Document is protected by U.S. Copyright Law and 9a International Treaties. Unauthorized reproduction or distribution of this AIAc' 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD297 the am§ 12,2,5 If Contractor falls to correct nonconforming Work within a reasonable time after written notice to do so, Owner mawplace, correct, or remove the nonconforming Work and charge the cost thereof to the Contractor. PAGE 39 § 12.',_ he 12.2.6 Contractor shall bear the cost of correcting destroyed or damaged ^^~ fWork, whether completed or partially completed, of tke nNN%er ^r sepafa4e ^^^'+^eters aused by the -Contractor's correction or removal of Work that is not in accordance with the requirements of the Contract Documents. § 12 2 5 12.2.7 Nothing contained in this Section -shall be construed to establish a period of limitation with respect to other obligations tke r^^tr^^*^r 4a wA1e+ that Contractor might have according to the Contract Documents. Establishment of the ^ o f r eafFeetiai4 of Walk as dere -ibe a i Seefia^ 12 2.2 time period of one year as described in above relates only to the specific obligation of the—Contractor to correct the Work, and has no relationship to the time within which the Contractor's obligation to comply with the Contract Documents may be sought to be enforced, ReFte-includin; the time within which ^r-aeee ii4gs may be eam4Retwed to establish such proceedings may be commenced. 12.2.8 If th-e-Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will sum maybe reduced as appropriate and equitable.c,,,.l.adjustment shall be effected whether- or- not final payment has been made. § 13.1,1 Governing Law and Venue. The laws of the state of Washington shall govern the Contract s4all be ^^v o..,,^' b -Y -Documents and the rights of the parties herein. Venue shall be in King County, Washington, unless otherwise specified. § 13.1,2 Compliance with Laws. The Contractor, at its sole cost and expense, shall perform and comply with all applicable laws of the United States and the State of Washington, the applicable laws of the City of Tukwila; and rules, regulations, orders, and directives of their administrative agencies and their officers. § 13.1.3 Licenses and Similar Authorizations. The Contractor, at no expense to the Owner, shall secure and maintain in full force and effect during the term of this Preconstruction Contract all required licenses, permits, and similar legal authorizations, and comply with all related requirements. Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA1' Document is protected by U.S. Copyright Law and 3n International Treaties. Unauthorized reproduction or distribution of this AIAc' 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 298 User Notes: (3B9ADA2A) § 13,1,4 Taxes. The Contractor shall pay, before delinquency, all taxes, levies, and assessments arising from its activities and undertakings under this Preconstruction Contract; taxes levied on its property, equipment and improvements; and taxes on the Contractor's interest in this Preconstruction Contract and any leasehold interest deemed to have been created under Chapter 82.29A RCW. the 1 § 13,1,5 Use of Recycled Content Paper. The Contractor shall, whenever practicable, use recvcled content paper on all documents submitted to the Owner. 15.4-§ 13,1,6 Americans with Disabilities Act. The Contractor shall comply with all applicable provisions of the Americans with Disabilities Act of 1990 (ADA) in performing its obligations under this Preconstruction Contract. In particular, if the Contractor is providing services, programs, or activities to Owner em0oyees or members of the public as part of this Preconstruction Contract, the Contractor shall not deny participation or the benefits of such services, programs, or activities to people with disabilities on the basis of such disability. Failure to comply with the provisions of the ADA shall be a material breach of, and grounds for the immediate termination of, this Preconstruction Contract. § 13,2,2 The Owner may, without consent of the Contractor, assign the Contract to a lender or other entity providing construction financing or credit enhancement for the Project, if the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. PAGE 40 Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the firm or entity, or to an officer of the corporation for which it was intended; or if delivered at, or sent by registered or certified mail or by courier service providing proof of delivery to, the last btts44ess ^ddFoss "a„m to the ^^�, g :,,R ^^+i address stated on the first page of the Agreement, unless a party gives notice of a change in address. § 13,4,1 PtAies Except as expressly provided in the Contract Documents, duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. § 13,5,3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the Contractor's expense. The Contractor also agrees the cost of testing services required for the convenience of the Contractor in its scheduling and performance of the Work and the cost of testing services related to remedial operations performed to correct deficiencies in the Work shall be borne by the Contractor. PAGE 41 Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA1' Document is protected by U.S. Copyright Law and 44 International Treaties. Unauthorized reproduction or distribution of this AIAc' 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD299 The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the time period specified was specified: ^liGab!O laW, btft i- GaSO ^* +RE)Fe than 10 after a. As to acts or failures to act occurring prior to the relevant date of Substantial Completion, anapplicable statute of limitations shall commence to run and M alleged cause of action shall be deemed to have accrued in any and all events not later than such Date of Substantial Completion; b. As to acts or failures to act occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment, anv applicable statute of limitations shall commence to run and anv alleged cause of action shall be deemed to have accrued in anv and all events not later than the date of issuance of the final Certificate of Payment• ~a eimses of aetieff Hat eew,* ^~^^a ^ As to acts or failures to act occurring after the relevant date of issuance of the final Certificate of Payment, any applicable statute of limitations shall commence to run and an alleged cause of action shall be deemed to have accrued in any and all events not later than the date of an act or failure to act by the Contractor pursuant to any warranty provided herein, the date of any correction of the Work or failure to correct the Work by the Contractor as provided herein or the date of actual commission of anv other act or failure to perform anv dutv or obligation by the Contractor or Owner. whichever occurs last. j 13.8 NO ORAL WAIVER 44 ar-de ee w44 this Seetia^ ' .''.The provisions of the Contract Documents shall not be changed, amended, waived or otherwise modified in any respect except by a writing signed by the Owner. j 13.9 NOTICE REGARDING LIENS The Contractor shall provide all notices required or permitted by the laws of the State of Washington for the protection of the Owner from liens and claims of lien if permitted or required by Mlicable law, including without limitation, notices received by Subcontractors and suppliers to the Contractor. § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 4"0 consecutive days through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA1' Document is protected by U.S. Copyright Law and 32 International Treaties. Unauthorized reproduction or distribution of this AIAc' 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 300 User Notes: (3B9ADA2A) other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for any of the following reasons: Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; or An act of government, such as a declaration of national emergency that requires all Work to be stepped; stopped. PAGE 42 § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has w"e=persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. PAGE 43 § 14.4.3 the Wafk Hot exeettted-.Upon such termination, the Contractor shall recover as its sole remedy payment for Work properly performed in connection with the terminated portion of the Work prior to the effective date of termination and for items properly and timely fabricated off the Project site, delivered and stored in accordance with the Owner's instructions. The Contractor hereby expressly waives and forfeits all other claims for payment and damages, including without limitation anticipated profits. The Owner shall be credited for (i) payments previously made to the Contractor for the terminated portion of the Work; (ii) claims that the Owner has against the Contractor under the Contract and (iii) the value of the materials, supplies, equipment or other items that are to be disposed of by the Contractor that are part of the Contract Sum. § 15.1 CLAIMS PROCEDURES MANDATORY All claims for additional costs and/or time (regardless of how described) must be made in accordance with the requirements of this Article or they will be waived. Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA1' Document is protected by U.S. Copyright Law and 33 International Treaties. Unauthorized reproduction or distribution of this AIAcl 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD301 Any Claim of the Contractor against the Owner for damages, additional payment for any reason, or extension of time, whether under the Contract or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely Initial Notice is provided followed by a substantiated timely submission of a Claim (including timely submission of additional substantiation) in strict accordance with this Article. No act, omission, or knowledge, actual or constructive, of the Owner or the Architect shall in any wav be deemed to be a waiver of the requirement for timely written notice unless the Owner provides the Contractor with an explicit, written waiver of timely Initial Notice and/or timely submission of a Claim. All Initial Notices and Claims shall be addressed to the Owner, with copies to the Architect and Owner's Designated Representative, at the addresses on the first page of the Agreement. § 15.1.1 DEFINITIONCLAIMS DEFINED A Claim is a substantiated demand or assertion by ^^^ of tke pai4i he Contractor seeking, as a matter of right, payment of money, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. T -4e .Claims do not include written notices that are not substantiated in accordance with this Article. § 15.1.2 INITIAL NOTICEOF rte' AIMS !'''aims by either ^^�y +^mst be iHitia4ed w4444 21 days after- ^ ^f An "Initial Notice" is the mechanism the Contractor must use to provide the Owner with initial notice of events that have or may result in a Claim. At a minimum, Initial Notices must be in writing and describe the event, identify persons with knowledge of the event, Qualitatively describe the likely or potential impacts of the event and identify provisions of the Contract Documents that are implicated by the event. An Initial Notice must be given within fourteen (14) days of the occurrence of the event, except for events involving subsurface conditions, in which case Section 15.1.5 shall control. 05.1.3 CLAIMS the ^ ^^* giViRg FiSO *^ StfGh PaiM OF *'44^ 21 da^ 'S ^f*^r If the Contractor wishes to seek an adjustment to the Contract Sum or Contract Time for the event that gave rise to the Initial Notice, it must submit a Claim to Owner within fourteen (14) days of giving the Initial Notice. Claims must be made in writing and substantiated by detailed information. The responsibility to substantiate Claims rests solely with the Contractor. The substantiation of a Claim shall include, at a minimum, the following: Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAc' Document is protected by U.S. Copyright Law and 34 International Treaties. Unauthorized reproduction or distribution of this AIAc' 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 302 User Notes: (3B9ADA2A) the elai ^^* 4+st ^^R,,;zes the ^ 14th* O1 R .1 A detailed factual statement of the Claim for additional compensation and time, if any, providing all necessary dates, locations, and items of Work affected by the Claim; rise to the Gla4 , ,.,, ,.^ever is Wer -..2 The date on which facts arose that gave rise to the Claim; .3 The name of each employee of Owner or Architect knowledgeable about the Claim; .4 The specific provisions of the Contract Documents which support the Claim; PAGE 44 .5 The identification of any documents and the substance of any oral communications that support the Claim; and Pei4 :rrt 4nal rvs^Wi of -.6 Copies of any identified documents, other than the Contract Documents, that support the Claim. prweed dil gei4dy with porf � ^^^^ ^F Within a reasonable time thereafter, such reasonable time to be agreed upon by the Contractor and Owner based on the facts and circumstances of the Claim, Contractor shall provide the following additional Claim substantiation: 1 If an adjustment in the Contract Time is sought: the specific days and dates for which it is sought; the specific reasons Contractor believes an extension in the Contract Time should be granted; and Contractor's analysis of its Progress Schedule to demonstrate the reason for the extension in Contract Time; Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAc' Document is protected by U.S. Copyright Law and 35 International Treaties. Unauthorized reproduction or distribution of this AIAc' 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD303 44 ^F-daRG^ W414 440 deGiSi^^S Of the !P.4 ^' Peeiskw Maker, .2 If an adjustment in the Contract Sum is sought, the exact amount sought and a breakdown of that amount into the categories set forth in, and in the detail required by the Contract Documents; and .3 A statement certifying, under penalty of perjury, that the Claim is made in good faith, that the supporting cost and pricing data are true and accurate to the best of Contractor's knowledte and belief, that the Claim is fully supported by the accompanying data, and that the amount reauested accurately reflects the adiustment in the Contract Sum or Contract Time for which Contractor believes Owner is liable. § 15.1.5.1 if the Contractor- wishes to +P.&e a Pa4m for- an increase in the QwtFaet Time, Nwittei4 i4atiee as .In the event the Contractor believes that a change in the Work that is the responsibility of the Owner has caused, or may cause, an increase in the Contractor's costs in the form of labor and equipment inefficiencies or lost productivity, such alle::ed costs must be specifically identified in either the initial or additional Claim substantiation. In addition, the Contractor must establish that the alle,2ed cost increases result directly from such chane and must demonstrate the impact by utilizinz: comparisons of the Work performed durin:: the impacted period with Work performed durinz: a non -impacted period or on a closely similar but different part of the Work if such comparisons are reasonably available or feasible. &15.1.4 ADVERSE WEATHER §454 -.5 -.2 -If adverse weather conditions are the basis for a Claim f r ^ddifiai4a time an Initial Notice and Claim, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of dime and could not have been reasonably anticipated and that weather conditions had an adverse effect on the sehoduled eai4st etiai .^ritical path of the current submitted Construction Schedule. Neither Contract Time nor the Contract Sum will be adjusted for normal inclement weather. § nG n F G -1 -Winne FQR QQN9En1FENTini nnnnnr_Ge15.1.5 SUBSURFACE CONDITIONS Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA1' Document is protected by U.S. Copyright Law and 36 International Treaties. Unauthorized reproduction or distribution of this AIAc' 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 304 User Notes: (3B9ADA2A) 4240 GowFaetor- and OW14or- Waive Claims against eaeh atker- �qr- eai4sequePAW damages a+ising at4 of or- wla4ifig to tkis Cai4tfaet ' 2his-^+i*tta waiver- 44elffdes If conditions are encountered at the site that constitute subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or from those ordinarily found to exist and generally recognized as inherent in construction activities of the Project (including those conditions described in Sections 3.7.4 and 3.7.5, then written notice by the Contractor shall be given to stieh Owner promptly before such conditions are disturbed and in no event later than three (3) days after first observance of such conditions. The Owner's Designated Representative will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of M part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both, to the Owner for consideration. If the Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract are justified, the Owner shall so notify the Contractor in writing, statim the reasons. Protests in opposition to such determination must be set forth in writing within fourteen (14) days after the Owner has given notice of the decision. These protests, if timely, shall be treated as a Claim properly submitted under Section 15.1.3 if it contains the Claim substantiation required by Section 15.1.3. PAGE 45 05.1.6 OWNER'S CLAIM DECISION The Owner shall consider each timely presented Claim and ^t a f;eipa4e PF -04t there,g difeetb, 4o+ tke Wa shall issue a written decision. The Contractor shall present additional supporting information if requested by the Owner for its consideration of the Claim. A decision by the Owner shall be required as a condition precedent to submission of a Claim to the Independent Decision Maker as to all matters arising prior to the date final payment is due, regardless of (1) whether such matters relate to execution and progress of the 44 aeear-dafiee w414 A44iele 14. NEA444g eEwtained in t4is SeetiEw 15.1.6 shall be deemed to pr-eelffde a14 awa+d E) .Work or(2) the extent to which the Work has been completed. If the Owner fails to issue a decision within thigy (30) days of Owner's receipt of a Claim, the Claim shall be deemed denied. § 15.2 INITIAL DECISION Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA1' Document is protected by U.S. Copyright Law and 37 International Treaties. Unauthorized reproduction or distribution of this AIAc' 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD305 § 15.2.1 ._ 10.4, 11._.9,11._.10, Claims denied by the Owner may be abbealed by Contractor to the Initial Decision Maker for initial decision. The Claims e�ielttded by this Seetieii 15.2. , Initial Decision Maker is identified in the Agreement. Owner may also refer a claim to the Initial Decision Maker. Except for those Claims arising under Sections 10.3. 10.4. 11.3.9. and 11.3.10, an initial decision shall be required as a condition precedent to mediation of any Claim arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. § 15.2.2 444e lHitial Peeisiai4 Maker- will r-eview Claims and W4444 t014 days of 440 weeipt of a Claim take 0140 or - .,f the fall,,,. iHg aef;aHsi (1) fe"est ,.dditiai4.4 s poi4ii4g ,aa4 f.,,,., The Owner. Architect and the Contractor and every Subcontractor hired to perform Work on this Project is required to follow this process. No mediation or lawsuit may be filed seeking any adjustment in the Contract Sum or Contract Time unless and until each and every step of this procedure has been followed with respect to that adjustment. Every Claim brought on behalf of a subcontractor shall be brought through the Contractor. § 15.2.2 FILING AN APPEAL WITH THE INITIAL DECISION MAKER resolvethe elaimaR4 or- a FeSpfflSe W44 Stfppal4i-ng data fFO+R 040 0040F pafty, (2) Feleet 040 Claim in W4010 or- 44 paA, approve the the r aiR Claim,f Provided that the Contractor has complied with the notice and claims requirements of this Article 15, if the Contractor disagrees with any decision of the Owner regarding a Claim, the Contractor shall file an appeal with the Initial Decision Maker as herein provided. DeeisiE T" akef to fesel e tl4e G64R. Contractor shall file its appeal with the Initial Decision Maker, with a copy to the Owner, not later than 14 days from Contractor's receipt of the Owner's decision. In the event of a Change Order proposal not acted upon by the Substantial Completion date, it will be deemed to have been rejected, and the Owner's decision shall be deemed to have been made on the Substantial Completion date. Any ppeal not filed within 14 days from Contractor's receipt of the Owner's decision is waived. § 15.2.3 44 eN41ffat44g Claims, tke 1P.4tial Peeiskw Maker- btA shall i4at be abligated ta, eEwsttlt With E* see T,,,,.isiei4 r,rak-e, Everyqppeal submitted to the Initial Decision Maker shall be limited to the substance of, and seek the same adjustment to the Contract Sum or Contract Time as that in, the Claim submitted to the Owner. Matters not previously submitted to the Owner as provided in this Article 15 shall not be considered by the Independent Decision Maker. Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA1' Document is protected by U.S. Copyright Law and 38 International Treaties. Unauthorized reproduction or distribution of this AIAc' 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 306 User Notes: (3B9ADA2A) the r yme e*Torso The meal shall identify in writing the portion(s) of the Owner's Claim decision that are in dispute and be supported by the documents on which the Contractor bases its appeal. § 15 2 4 If 15.2.3 INITIAL DECISION MAKER ACTION ON A CLAIM the 444W Peeisiai4 Maker- r-e"ests a paftyta pf-evide a FeSpORSO to a Claim or- to fttmiSh additiefial Stfppal4i-ng data, stleh pafty sha4l F-espand, withifi t014 dayS after- F-eeeipt Of Stfoh F-0"04, and Shall 04140r- (1) pf-evide a F-eSpal4w 014 the ft*l+ished of (�) ff&ise the 114444 Peeisiei4 Migief that i4e s"ppei4iffg data will be fttFoished. Upei4 Feeeipt of the Upon receipt of an appeal, the Initial Decision Maker may act as a mediator, seeking mutual agreement. If mutual agreement is not readily attainable, the Initial Decision Maker shall issue a decision. On Claims for monetary relief of $30,000.00 or less, the Initial Decision Maker decision is final and binding on the Owner, Contractor and its Subcontractors. On Claims for monetary relief of more than $30,000.00, the Initial Decision Maker will act as an advisory body, whose decision is not binding on either Owner or Contractor or its Subcontractors when the claim is more than $30,000.00. PAGE 46 15.2.5 444o 44itial Peeisiai4 Maker- will wi4der- an 44itial deeisiai4 appr-aving or- r-eleeting tke Claim, or- i-Rdioating tha4 dispute fesel 4ioi .The Owner and Contractor shall agree on compensation for the Initial Decision Maker to be paid by the Owner and Contractor. There will be no formal procedure for the Initial Decision Maker's review of an appeal. The Parties will be entitled to submit whatever relevant evidence each believes supports their position in the dispute. The Initial Decision Maker may elect whether to hear testimony or oral argument. The Initial Decision Maker will endeavor to resolve the dispute in an expeditious and cost effective manner and will render its recommendation in writing to both Owner and Contractor promptly. 15.2.6. !.In Claims involving greater than $30,000.00, the b:, ding dispute wsal tiE ^ eedi 4gs , it1 r e-^* to 04o ifiit ' deeisiai Owner and Contractor will within 30 days of the Initial Decision Maker's recommendation, confer and attempt to reach an agreement regarding the dispute, and if appropriate, enter into a written agreement, which may be a Change Order, or failing agreement, may demand mediation pursuant to Section 15.3. Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA1' Document is protected by U.S. Copyright Law and 39 International Treaties. Unauthorized reproduction or distribution of this AIAc' 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD307 Durin the pendency such appeal to the Initial Decision Maker, the Contractor shall proceed with the Work of the project, including that portion in dispute, unless directed otherwise in writing by the Owner. In no event shall the Contractor be entitled to institute legal proceedings regarding a Claim submitted to the Initial Decision Maker as set forth above, more than 180 das after Substantial Completion of the Work. § 15.3.1 Claims seeking monetary relief over $30,000 for which the Initial Decision Maker has made a recommendation shall be subject to mediation as a condition precedent to binding dispute resolution. § 15.3.2 44&stFy r edi *; )i Pr -^°-Twos ; ^fF et ^^ tke ,a^*^ of tke A gree ,^„* A request for mediation shall be made in writing, delivered to the other party to the r^^*r^^* a -Rd 410d W414 040 POFSEM OF ^^*i*y ^,a,. ip.4s*^.;rrt tke mediatiEW. 444e rv"est Contract. The parties shall endeavor to agree on a mediator. If they cannot agree, the party seeking mediation can reauest a mediator to be abbointed by the American Arbitration Association. The reauest for mediation may be made concurrently with the filing of binding dispute resolution proceedings 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. § 15.3.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in 44e place ..,,,oro the Dr^J^^* is lae *oa Seattle, Washington, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 15.4 ARRITRATIONCLAIMS AUDITS § 15.4.1 ,,,hie ar-bitfafia^ is pemaitted to be de+%- ^d^d. All Claims filed against Owner shall be subject to audit at any time following the filing of the Claim. Failure of Contractor, or Subcontractors of any tier, to maintain and retain reasonably sufficient records to allow Owner to verify all or a portion of the Claim or to permit Owner access to the Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAcl Document is protected by U.S. Copyright Law and 40 International Treaties. Unauthorized reproduction or distribution of this AIAcl 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 308 User Notes: (3B9ADA2A) books and records of Contractor, or Subcontractors of any tier, shall constitute a waiver of that part of the Claim and shall bar any recovery on that part of the Claim. § 15.4.1.1 A deffta-nd fef afb4atieii sha4l be H+ade iie eaffief than eeiietff eiidy w4h the fihiig ef a fe"e media4kw, btA in w) evei4t sha4l it be made aftef the da4e whei4 the 44stitt4iEw of lega4 of e"itable pfaeeedii4gs based w4 the Claim wattid be bfffed by the applieable statt4e -15.4.2 In support of Owner audit of any Claim, Contractor shall, upon request, promptly make available to Owner any documents relating to the Claim, including but not limited to: PAGE 47 .1 Daily time sheets and supervisor's daily reports, .2 Collective bargaining agreements, .3 Insurance, welfare, and benefits records, .4 PM011 registers, .5 Earnings records, .6 Payroll tax forms, .7 Material invoices, requisitions, and delivery confirmations; .8 Material cost distribution worksheet, of limita4iai4s. For- sta4ttte .9 Equipment records (list of company equipment, rates, etc.); Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright 0 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AlAc' Document is protected by U.S. Copyright Law and 41 International Treaties. Unauthorized reproduction or distribution of this AlAc' 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3139AD309 .10 Vendors', rental agencies', Subcontractors', and agents' invoices, Of liMita4iEMS ^ pt Of a 4 +itte^ do+% -^d .l1 Contracts between Contractor and each of its Subcontractors, and all lower -tier Subcontractor contracts and supplier contracts, .12 Subcontractors' and agents' payment certificates; .13 Canceled checks (payroll and vendors); .14 Job cost reports, including monthly totals; .15 Job payroll ledger; .16 Planned resource loading schedules and summaries; .17 General ledger; .18 Cash disbursements ioumal; e"itAle pfeeeediffgs based 0+1 the .19 Financial statements for all years reflecting the operations on the Work. In addition, the Owner may require, if it deems it appropriate, additional financial statements for 3 years preceding execution of the Work; Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAc' Document is protected by U.S. Copyright Law and 42 International Treaties. Unauthorized reproduction or distribution of this AIAc' 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 310 User Notes: (3B9ADA2A) ^r-dalwe with �� ;, ^ pliGa le la atH4 h^ isdietiai tker-eaf .20 Depreciation records on all company equipment whether these records are maintained by the company involved, its accountant, or others, .21 If a source other than depreciation records is used to develop costs for Contractor's internal purposes in establishing the actual cost of owning and operating equipment, all such other source documents; .22 All non - privileged documents which relate to each and every Claim together with all documents which support the amount of any adjustment in Contract Sum or Contract Time sought by each Claim; ^rb' T.23 Work sheets or software used to prepare the Claim establishing the cost components for items of the Claim includinz: but not limited to labor, benefits and insurance, materials, equipment, Subcontractors, all documents which establish the time periods, individuals involved, the hours for the individuals, and the rates for the individuals; and .24 Work sheets, software, and all other documents used by Contractor to prepare its bid. pr-aN4ded tha4 the pa+ty sattgW to be j ained 15.4.3 The audit may be performed by emplovees of Owner or a representative of Owner. Contractor and its Subcontractors shall provide adeauate facilities acceptable to Owner for the audit during normal business hours. Contractor and all Subcontractors shall make a good faith effort to cooperate with Owner's auditors. § 15.5 CONTINUING CONTRACT PERFORMANCE .Pending final resolution of a Claim, except as otherwise agreed in writing, the Contractor shall proceed diligently with Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAc' Document is protected by U.S. Copyright Law and 43 International Treaties. Unauthorized reproduction or distribution of this AIAc' 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3B9AD31)1 performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 04s Seetie 5.4, w4,,.he f 15.6 CLAIMS FOR CONSEQUENTIAL DAMAGESThe Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes PAGE 48 by ail4 er- ^ alid i01 040 same rights damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons, and the Oymer-aHd CaPAF ^*^r „rdor .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. this ^ g+ee+RePA.This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 14. Nothing contained in this Section 15.6 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. Additions and Deletions Report for AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAc' Document is protected by U.S. Copyright Law and 44 International Treaties. Unauthorized reproduction or distribution of this AIAc' 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. 312 User Notes: (3B9ADA2A) Certification of Document's Authenticity AIA° Document D401 TM —2003 I, Athan Tramountanas, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 19:19:35 on 10/27/2017 under Order No. 3600792784 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A201TM -2007, General Conditions of the Contract for Construction, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401 TM — 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIAc' 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 19:19:35 on 10/27/2017 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (3B9ADA2A 314 COUNCIL AGENDA SYNOPSIS nitials--------------------------------- I ITEM NO. Aleelingo Date Pre,pared by Mayor - revue Council review 11/13/17 RB 11/20/17 RB ❑ Resolution Mtg Date ❑ Ordinance All g Date ❑ BidAward Altg Date ❑ Public Hearing Altg Date ITEM INFORMATION 5.G. 315 SPONSOR: RACHEL BIANCHI ORIGIN.\L,AGI3NI)AD,ATI: 11/13/17 AGI?ND,A I'll "N Trrl,>: Due diligence contracts for the Public Safety Plan C,A'I'L;CiORY ® Discussion Altg Date 11/13/17 ® Motion Alt Date 11/20/17 ❑ Resolution Mtg Date ❑ Ordinance All g Date ❑ BidAward Altg Date ❑ Public Hearing Altg Date ❑ Other Altg Date SPONSOR ❑Council ®Mayor 01 -IR ❑DCD ❑Finance ❑Fire 07-S ❑P&-IZ ❑Police ❑PIY� ❑Cour SPONSOR'S Authorize the Mayor to sign environmental, geotech and survey contracts for services SUN -I\ 1;1RY associated with the Public Safety Plan. REVIL:Wl3D BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ® Public Safety Comm. ❑ "Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/6/17 COMMITTEE CI --LAIR: MCLEOD RECOMMENDATIONS: SPONSOR/ADYIIN. Mayor's Office COVIMI"I'll'': Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPI?NDITURF' REQUIRI3D AMOUNT BUDGETED APPROPRIATION REQUIRED $229,337 $ $229,337 Fund Source: PUBLIC SAFETY BONDS, GENERAL AND ENTERPRISE FUNDS Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/13/17 MTG. DATE ATTACHMENTS 11/13/17 Informational Memorandum dated 10/31/17 (Updated after PS Com.) Contracts 11/20/17 315 316 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Public Safety Committee FROM: Rachel Bianchi, Communications and Government Relations Manager BY: D.J. Baxter, Shiels Obletz Johnsen CC: Mayor Ekberg DATE: November 6, 2017 SUBJECT: Public Safety Plan, Due Diligence Consulting Services (Updated after PS Com.) ISSUE Execute contracts to provide due diligence consulting services for the selected properties selected to implement the Public Safety Plan. BACKGROUND The City has identified its preferred sites for each of the facilities to be built under the Public Safety Plan. These include the Justice Center, the Public Works Shops, and Fire Stations 52 and 54. The location for Fire Station 51 was previously determined. The following services are needed to support the investigation and acquisition of properties for each of these facilities: 1. Survey 2. Geotechnical Analysis 3. Environmental Analysis To select consulting firms who could perform these services for the Public Safety Plan, the City requested proposals from 2-3 firms from its consulting services roster for each type of service. In the cases of Survey and Environmental Analyses, the City received only one response from providers in each of the named categories. In lieu of an evaluation of multiple firms based on qualifications and price, the City timelines dictate contracting with the responsive consultant in these categories. In addition to being listed on the City's consultant rosters, the City has confirmed that each of these firms is well known in the community, and is well qualified to conduct the work requested. These firms have all worked on behalf of public agencies, and consultation with the City's project management team confirms that each of these firms is known for producing high-quality, reliable, and cost-effective work. Given the brisk timeline for property acquisition, the project management team recommends proceeding with each of the responsive consultants. In the case of Geotechnical Analysis we requested proposals from three firms, and received proposals from two. At the time of the Public Safety Committee meeting we had only received one proposal, and requested the Committee's permission to allow one additional day to allow the other firms to respond and then take the recommended proposal directly to COW for consideration. In order to provide the City with the most options, the Public Safety Committee agreed. Since the time of the Public Safety Committee meeting we received one additional proposal. The proposal provides a bid for a preliminary evaluation that can begin immediately and a rough scope and cost estimate for more detailed work that can be conducted once we have access to the properties. The consultant is highly qualified and provided the lower cost of the two proposals. We recommend engaging this proposer on a phased basis with the preliminary work to start immediately, and the additional work if needed, to commence 317 INFORMATIONAL MEMO Page 2 at the City's further direction. We request authorization for the full cost of this work now to enable the City to move quickly into the more detailed work if needed. The table below identifies the firms contacted for each type, the name of the responding consultant, the scope of work that consultant will conduct, and the proposed price for those services. DISCUSSION Each of the consultants will execute the city's standard agreement for contracted services, to provide the services described above. Locations of Properties to be Evaluated: Justice Center — 9 parcels along the west side of Tukwila International Boulevard, on the north and south sides of 150th. Public Works Facility — 3 Parcels between E. Marginal Way and Tukwila International Boulevard, south of 112th. Fire Station 52 —1 parcel north of Tukwila City Hall and west of 65th (survey only) Fire Station 54 —1 parcel east of 42nd Avenue, between 139th and 140th. FISCAL IMPACT: The cost estimate for these Due Diligence Services is $209,337. This is a reduction from the estimate amount provided to the Public Safety Committee. Services on the Justice Center and Fire Station properties will be billed to the Public Safety Bond, while the work performed on the Public Works site will be equally divided between the General and Enterprise Funds. RECOMMENDATION: Council is being asked to approve the Due Diligence services contracts for scopes of work and associated fees as described above and consider this item on at the November 13, 2017 Committee of the Whole meeting and subsequent November 20, 2017 Regular Meeting. ATTACHMENTS: Draft Contract for Geotechnical Services with Scope of Work Draft Contract for Environmental Services with Scope of Work Draft Contract for Survey Services with Scope of Work 318 WA2017 Info MemosTue Diligence Services 11-06-17.docx Recommended Service T e Firms Contacted Consultant Work Scope Price Survey BRH BRH ALTA Surveys for JC, PW, $57,400 Baseline FS52 and 54 GeoTech Hart Crowser Shannon & Wilson Geotechnical Analysis for JC,4$ 0,000 Shannon & Wilson PW AESI Environmental Sound Earth Sound Earth Phase 1 Reports for PW, FS54; $111,937 Kane Phase 2 Reports for PW, JC Environmental Total Due Diligence Approvals Requested $209,337 DISCUSSION Each of the consultants will execute the city's standard agreement for contracted services, to provide the services described above. Locations of Properties to be Evaluated: Justice Center — 9 parcels along the west side of Tukwila International Boulevard, on the north and south sides of 150th. Public Works Facility — 3 Parcels between E. Marginal Way and Tukwila International Boulevard, south of 112th. Fire Station 52 —1 parcel north of Tukwila City Hall and west of 65th (survey only) Fire Station 54 —1 parcel east of 42nd Avenue, between 139th and 140th. FISCAL IMPACT: The cost estimate for these Due Diligence Services is $209,337. This is a reduction from the estimate amount provided to the Public Safety Committee. Services on the Justice Center and Fire Station properties will be billed to the Public Safety Bond, while the work performed on the Public Works site will be equally divided between the General and Enterprise Funds. RECOMMENDATION: Council is being asked to approve the Due Diligence services contracts for scopes of work and associated fees as described above and consider this item on at the November 13, 2017 Committee of the Whole meeting and subsequent November 20, 2017 Regular Meeting. ATTACHMENTS: Draft Contract for Geotechnical Services with Scope of Work Draft Contract for Environmental Services with Scope of Work Draft Contract for Survey Services with Scope of Work 318 WA2017 Info MemosTue Diligence Services 11-06-17.docx City of Tukwila Agreement Number: • �+ 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Amendment # 1 Between the City of Tukwila and Sound Earth Strategies, Inc. That portion of Contract No. 17-167 between the City of Tukwila and Sound Earth Strategies, Inc. is hereby amended as follows: 1. Proiect Designation. The Consultant is retained by the City to perform environmental evaluation services for three selected sites referred to as the Justice Center Site (JC7NL), Public Works Site (PW), and Fire Station 54 Site (FS54), in connection with the project titled Tukwila Public Safety Plan. 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 December 31, 2018, 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 March 31, 2018 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 Exhibit "A" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $126,937 (including estimated expenses) without express written modification of the Agreement signed by the City. All other provisions of the contract shall remain in full force and effect. Dated this day of CITY OF TUKWILA Allan Ekberg, Mayor ATTEST/AUTHENTICATED Christy O'Flaherty, MMC, City Clerk CA Revised December 2016 W CONTRACTOR Printed Name: APPROVED AS TO FORM Office of the City Attorney Page 1 of 1 319 320 Exhibit A Sound Earth Strategies, Inc. 2811 Fairview Avenue East, Suite 2000 Seattle, VVashington 98102 Sound I IStrategfes October 17, 2017 City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 SUBJECT: PROPOSAL FOR PHASE I ENVIRONMENTAL SITE ASSESSMENT FS54 Property 13916 42nd Avenue South, Tukwila, Washington Proposal Number: PROP -172-59 To Whom It May Concern: Pursuant to your recent request, SoundEarth Strategies, Inc. (SoundEarth) is pleased to submit the following proposal to conduct a Phase I Environmental Site Assessment (ESA) of the property located at the address listed above in Tukwila, Washington (the Property). According to the available online assessor's records, the Property consists of a single tax parcel (King County Parcel No. 152304-9263) that covers approximately 1.7 acres. The Property is developed with a 1966 -vintage, one-story, wood -framed single-family residence. The Property is currently occupied by Star Nursery. If this is not accurate, or if you have additional useful information, please inform us as soon as possible. PHASE I ENVIRONMENTAL SITE ASSESSMENT SCOPE OF SERVICES The objective of a Phase I ESA is to identify potential environmental liabilities or risks associated with a specific piece of real estate referred to as recognized environmental conditions', as outlined in the American Society for Testing and Materials (ASTM) Standard Practice for Environmental Site Assessments: Phase I Environmental Assessment Process (ASTM E1527-13). Risks commonly evaluated during a Phase I ESA include: ■ The potential for the presence of contaminated soil and/or groundwater. ■ The potential for on -Property migration of contaminants from off -Property sources. ■ The potential for off -Property migration of on -Property contaminants by air emissions, groundwater, and other media. Technical Approach In accordance with ASTM E1527-13, which was developed by ASTM to provide a standardized method of conducting Phase I ESAs, SoundEarth's work on this project will consist of several elements: 'Recognized Environmental Conditions are defined by ASTM E1527-13 as "the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to any release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment." The term includes hazardous substances or petroleum products even under conditions of compliance with laws. The term is not intended to include de minimis conditions that generally do not present a material risk of harm to the public health or the environment and that generally would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies." _ �cti �uru�� t n l� a .. ri �� t ,� ri.��yral, vn; ...;JU!i,10.'rIt!I'll" sill � }.�ut_f�'�i3.�,hr, j IZl-td�, _ �(fl �.yh., jhi :"M q {. 321 City of Tukwila October 17, 2017 ■ Review of selected historical sources, where reasonably ascertainable and readily available, will be conducted in an attempt to document obvious past land use of the Property and adjoining properties back to 1940 or when the Property was initially developed, whichever is earlier. This will include interviews with persons having some knowledge of current and past use of the Property; review of historical aerial photographs and topographic maps of the Property and surrounding area; review of city directories, Sanborn Fire Insurance Maps, county assessor's records, building department records, and information at various local agencies, as available. Prior environmental reports, permits and registrations, geotechnical reports, Property title search information, and environmental lien information will be reviewed if provided by the client. ■ Review of current state and federal databases that list the registered sites with known or potential releases of toxic substances within a 0.5- to 1 -mile radius from the Property. ■ Reconnaissance of the Property and vicinity to observe current Property conditions and practices. The Property reconnaissance provides an opportunity to search for evidence of possible contamination in the form of soil discoloration, odors, vegetative stress, discarded drums, discarded industrial debris, building construction materials, underground storage tanks, etc. ■ Preparation of a written report documenting our methods and findings, including Property photographs, a map showing the locations of the Property and potential sources of contamination within a 1 -mile radius, a Property plan, and copies of supporting documents. Additional Services Not Included The following services, although not specifically required by ASTM E1527-13, may also be performed concurrently with ESAs and may be beneficial for the evaluation of environmental conditions and/or an evaluation of specific business environmental risks at the Property. At your direction, these services have not been included as part of the scope of services for this ESA. Please note that this list is not all- inclusive. If you seek additional services, please contact us for a supplemental proposal and cost estimate. ■ Visual Asbestos Survey ■ Asbestos Survey in Soil ■ Visual Observations for Lead -Based Paint ■ Asbestos Survey (prior to renovation/demolition) ■ Visual Observations for Mold ■ Mold Sampling (bulk or air) ■ Radon Testing ■ Lead -Based Paint Survey ■ Lead in Drinking Water Sampling ■ Wetland Review ■ Threatened/Endangered Species Review SoundEarth Strategies, Inc. Page 1 2 S:\Proposals\1017 Proposal Numbers\PROP-172-59 F554, PW5, and JUNE Properties Phase I & II (CON FIDE NTIAL)\PROP-173-59_F554_F.d- 322 City of Tukwila October 17, 2017 ■ Historic Properties/Archaeological Resources Review ■ Stormwater System Inspections ■ Permit and Regulatory Compliance Audits RELIANCE The report will be prepared for the exclusive use and reliance of the City of Tukwila. Reliance by other parties is prohibited without the written authorization of the client and SoundEarth. If, in the future, the client and SoundEarth consent to reliance on the report by a third party, SoundEarth will grant such reliance via a Reliance Letter for an additional fee of $250 per relying party. Reliance on the report by the client and other authorized parties will be subject to the terms, conditions, and limitations stated in the Master Consulting Services Agreement (and sections of this proposal incorporated therein), the Reliance Letter, and the report. COST ESTIMATE Phase I Environmental Site Assessment....................................................................................... $3,500 The estimated fee listed above includes the reconnaissance time, reporting, travel time, equipment, as well as reimbursable expenses. SoundEarth has assumed one mobilization to the Property. SoundEarth anticipates completion of the Phase I ESA report within 15 business days, assuming written authorization to proceed and Property access are provided within 3 days. SoundEarth shall proceed with such services in a diligent manner to completion or as otherwise directed by the client. Sound Earth will not be responsible for delays caused by factors beyond SoundEarth's control and which could not have been reasonably foreseen or prevented. Furthermore, at the request of the client, SoundEarth will observe the Properties and the current uses from vantage points that are accessible to the general public. SoundEarth will not communicate with the current property owners, nor reveal information regarding the identity of the client. All information provided to and generated by SoundEarth will remain confidential. SoundEarth is committed to preserving the environment. Therefore, the client will be provided with a PDF version of the final report. If, however, the client would like hard copies of the report, SounclEarth is happy to provide up to three copies at no charge. Additional copies will be charged to the client at $50 a copy. SclundEarth Strategies, Inc. Page 1 3 5:\Proposals\2017 Proposal Numbers\PROP-172-59 F554, PW5, and 1C7NL Properties Phase I & II ICON FI D ENTIAL)\PROP-172-59 FS54_F.dorx 323 City of Tukwila October 17, 2017 CLOSING We appreciate the opportunity to provide this proposal for environmental services on this project. If the scope of services and associated costs are acceptable, the scope of work shall be performed under terms of the existing Consulting Agreement for Site Survey Services, dated September 18, 2017. Please call us at 206-306-1900 if you have any questions. Respectfully, Ryan Bixby, LG President RKB:dnm SoundEarth Strategies, Inc. Page 1 4 5:\Proposals\2017 Proposal Numbers\PROP-172-59 F554, PW5, and 1C7N1- Properties Phase 1& II ICON FIDE NTIAL)\PROP-172-59_F554 F.doex 324 Exhibit B SoundEartli Strategies, Irrc. 2811 Fairview Avenue East, Suite 2000 Seattle, VVashington 9810'2 Sound Strategies October 20, 2017 City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 SUBJECT: PROPOSAL FOR PHASE II ENVIRONMENTAL SITE ASSESSMENT JC7NL Property 14845 to 15035 Tukwila International Boulevard, 15006 to 15022 Military Road South, and 3415 South 150th Street Tukwila, Washington Proposal Number: PROP -172-67 To Whom It May Concern: Pursuant to your recent request, SoundEarth Strategies, Inc. (SoundEarth) is pleased to submit the following proposal to conduct a Phase II Environmental Site Assessments (ESA) for the JC7NL Property (the Property) listed above. The Property is located at 14845 to 15035 Tukwila International Boulevard, 15006 to 15022 Military Road South, and 3415 South 150th Street in Tukwila, Washington, as shown in Figure 1. Figure 1 depicts a plan view/layout of the Property, which consists of eight irregularly shaped tax parcels (King County Parcel Nos. 004100-0335, 004100-0514, 004100-0515, 004100-0517, 004100- 0480, 004100-0516, 004100-0513, 004100-0494, and 004100-0330 [Parcels A through I, respectively]) that cover a total of approximately 161,914 square feet (3.73 acres) of land in Township 23N/Range 4E/Section 22. BACKGROUND SoundEarth completed a Phase I ESA of eight of the nine parcels in September 2017. King County Tax Parcel No. 004100-0330 was not included in the Phase I ESA. The Phase I ESA identified ten recognized environmental conditions (RECs) for the Property. These included: On -Property RECs ■ The historical operation of a retail gasoline service station on the Property (Parcel D). ■ The historical operation of an automotive repair facility on the Property (Parcel C). ■ The historical use and storage of heating oil on the Property, Multiple on -Property buildings were historically heated by oil -burning furnaces (Buildings 4, 5, 7, 9, and 10 located on Parcels C, E, F, and G). Off -Property RECs ■ The historical operation of a retail gasoline service station was constructed north of the northernmost portion of the Property (Parcel A). ...;,, 7Ci1;;]! ill; tS.,{r �)r,_ l �� t tVi �. ! r.- .,t'• i I ql._ : �tl_ „ u'.� I , 11 "I C. � C;�7 _ ,,, '< .., i I'} � IYi. ._ � I .. � ,. 325 City of Tukwila October 20, 2017 ■ The historical operation of a retail gasoline service station north of Parcel D and southeast of Parcel A. ■ The historical operation of an automotive repair and service station facility northeast of the Property (northeast of Parcel D). ■ The historical operation of a vehicle maintenance garage, welding facility, and print shop north of the Property (Parcel C). ■ The historical operation of a dry cleaner and a cabinet shop on the west -adjoining properties (Building 10 and Building 5, respectively). ■ The historical operation of a retail gasoline service station on the east -adjoining property (east of Parcel D). Two groundwater monitoring wells (MWs) were observed at this location during the Phase I Property reconnaissance. ■ The historical operation of a dry cleaner southwest of the Property (290 feet southwest of Parcel H). The dry cleaning solvent tetrachloroethylene (PCE) has been detected in the soil and groundwater beneath the former dry cleaner site. PCE -contaminated groundwater has migrated off-site to the east, northeast, and southeast. The lateral extent of the PCE plume has not been determined. Although not identified as a REC, the use and storage of heating oil on adjoining properties was identified as an issue of potential environmental concern for the Property. Buildings on the north-, south-, east-, and west -adjoining properties were historically heated by oil -burning furnaces. Heating oil releases are generally limited in nature and extent. Acknowledging the relatively small scale of use and limited mobility of heating oil in the subsurface, the use and storage of heating oil on adjoining properties did not constitute a REC. The purpose of the Phase II ESA is to evaluate potential soil and groundwater impacts associated with the widespread RECs for the Property. The Phase II ESA will be conducted in general accordance with American Society for Testing and Materials E1903-11, Standard Practice for Phase 11 ESAs (ASTM -1903- 11). PHASE II ENVIRONMENTAL SITE ASSESSMENT SCOPE OF SERVICES Scope of Services The following scope of work is proposed for the Phase II ESA. Please note that per ASTM -1903-11, all of the RECs identified in a Phase I ESA must be evaluated in order for a Phase II ESA to be considered complete. However SounclEarth recognizes that certain RECs (e.g., the former on -Property gasoline station) present a greater risk of significant impacts than others (e.g., the former use and storage of heating oil) If a more robust or limited investigation of the Property is desired by the client, we would be happy to adiust the scope of work to accommodate your risk tolerances and budget limitations. Task 1, Pre -Field Activities Pre -field activities include the development of a scope of work for the Property, coordination of internal staff and subcontractors, development of a work plan summary, and the development of a site-specific health and safety plan, which is a required and important part of any subsurface investigation. SOUndEarth Strategies, Inc. Page 1 2 5APrnposals\2017 Proposal Numbers\PROP-172-67 JC7NL Property Phase I & II (CON FIDE NTIAL)\PROP-172-67_JC7NL\Proposal Documents\PROP-172-67_JC7NL_F.doa 326 City of Tukwila October 20, 2017 Task 2, Field Activities This task includes the field activities associated with the Phase II ESA at the Property. Field activities include performing a private utility locate and ground penetrating radar survey, drilling and installing 11 push -probe borings and four hollow -stem auger borings, completing the hollow -stem auger borings as groundwater MWs, collecting environmental soil samples from each of the borings, and collecting groundwater samples from each of the four MWs. Four locations for the installation of MWs have been identified in the vicinity or in inferred downgradient hydrologic positions relative to the RECs identified during the Phase I ESA research. Each MW will be drilled up to an anticipated depth of 40 feet below ground surface (bgs). Drilling depths are estimated based on a 2015 Maul Foster Alongi subsurface investigation conducted at the Betty Brite dry cleaner facility at 15247 Pacific Highway South, where groundwater was encountered at depths of 20 to 33 feet bgs. Proposed drilling locations are presented in Figure 1. Soil samples will be collected at the soil/groundwater interface at all four MW locations. Additionally, soil samples will be collected at 10 feet bgs f om boring MW02, and at 5 and 15 feet bgs from boring MW03 to evaluate the potential risk of shallow impacts from on -Property RECs. Each boring will be logged by a professional geologist with soil classified using the Unified Soil Classification System. Soil from each drilling location will be evaluated for potential impacts through visual observations and notations of odor. Additionally, soil will be screened in the field for potential evidence of contamination using a photoionization detector to detect the presence of volatile organic vapors. Groundwater is anticipated to be encountered and sampled at all four MW locations. Groundwater samples will be submitted for the following analyses: ■ Gasoline -range petroleum hydrocarbons (GRPH) by Northwest Total Petroleum Hydrocarbon (NWTPH) Method NWTPH-Gx ■ Diesel- and oil -range petroleum hydrocarbons (DRPH and GRPH, respectively) by Method NWTPH-Dx ■ Volatile organic compounds (VOCs), including benzene, toluene, ethylbenzene, and xylenes (BTEX) by U.S. Environmental Protection Agency (EPA) Method 8260C Sampling of soil or groundwater from depths greater than 40 feet bgs is not planned in this scope of work. Soil samples collected from the MWs will be tested for the following analytes: ■ NiW01— GRPH and VOCs (soil sample from the soil/water interface) ■ MW02 — GRPH, DRPH, GRPH, and VOCs (soil samples from 10 feet and from the soil/water interface) ■ MW03 — GRPH, DRPH, GRPH, and VOCs (soil samples from 5 and 15 feet and from the soil/water interface) ■ MW04—GRPH, DRPH, GRPH, and VOCs (soil sample from the soil/water interface) SoundEarth Strategics, Inc. Page 13 5:\Proposals\2017 Proposal Numbers\PROP-172-67 JC7NL Property Phase l& II ICON FIDE NTIAL)\PROP-172-67 JC7NL\Proposa l Documents\PROP-172.67 )C7NL_F.docx 327 City of Tukwila October 20, 2017 Additionally, 11 additional locations will be investigated using a push probe. Push probe borings are not expected to encounter groundwater and will be advanced to 15 feet bgs or refusal, whichever is deeper. Soil from each boring location will be evaluated for potential impacts through visual observations and notations of odor. Additionally, soil will be screened in the field for potential evidence of contamination using a photoionization detector to detect the presence of volatile organic vapors. Two discrete soil samples from each of the push -probe locations will be submitted for the following analytes: ■ B01 through B03 — DRPH ■ B04 through B08 — GRPH, DRPH, ORPH, and BTEX ■ B09 and B10—GRPH, DRPH, ORPH, VOCs, and polychlorinated biphenyls (PCBs) ■ 1311—GPRH, DRPH, ORPH, and BTEX Additionally, one of the soil samples from borings B09 and B10 will be analyzed for the presence of PCBs and four composite soil samples collected from the drums of soil cuttings will be submitted for analysis of total metals, including arsenic, barium, cadmium, chromium, lead, mercury, selenium, and silver by EPA Methods 200.8/245.1, in order to profile the soil cuttings for future disposal. Soil samples will be placed on ice in laboratory -supplied sample containers and shipped under chain -of -custody protocol to the analytical laboratory for analysis of appropriate chemicals of concern. The field activities associated with the Phase II ESA at the Property are anticipated to take four days to complete and will require one or two field personnel per day. Depending on the results of the investigation, additional follow-up sampling may be required to further define the extent of contamination (if encountered). A scope of work and cost estimate for any additional investigation will be provided based on conditions encountered during the investigation proposed here. SoundEarth assumes that all areas of the Property will be accessible for the GPR survey and drilling activities. The results of the field activities and laboratory analytical results will be provided in the reports described in Task 3. Task 3, Data Evaluation and Reporting The results of the Phase II ESA will be presented in a summary report for the City of Tukwila. The report will include a summary of field activities, logs of the soil borings, logs of MW construction, a site plan showing boring locations, data tables of the soil and groundwater results, and a discussion summarizing the findings and conclusions. Task 4, Project Management and Communication This task includes the project management and communication activities that are essential to the success of achieving client objectives. Project management activities include project coordination, contracting, and client meetings and other communication. Contingency Project contingency allows for conditions that at the project onset are not immediately known, but if present, experience shows will likely result in additional costs. A 10% project contingency has been SclundEarth Strategies, Inc. rage 14 5:\Proposals\2017 Proposal Numbers\PROP-172-671C7NL Property Phase 1 & II (CON FIDENTIAL)\PROP-172-67_1C7 N L\Proposal Documents\PROP-172-67_1C7NL F.doa 328 City of Tukwila October 20, 2017 added for Tasks 1-4 to address these unanticipated conditions, which may include access delays, difficult drilling conditions, etc. If such conditions are not encountered, the contingency will not be necessary; however, including a modest contingency is frequently helpful in avoiding the need for change orders and project delays to address what would otherwise be minor issues. ESTIMATED PROJECT BUDGET The anticipated total for the scope of work is $56,751. The details of the estimated costs are provided in the attached cost estimate (Table 1). The estimated fees include travel time, equipment, subcontractor costs with markup, including laboratory fees, as well as reimbursable expenses. The costs associated with the disposal of soil and water generated during the investigation are not included in this estimate, but can be provided after the results of laboratory testing are provided. SoundEarth proposes to conduct the Phase II ESA investigation on a time and material contractual basis. Our cost estimate will not be exceeded without your written authorization. ASSUMPTIONS Time budgeted for field work assumes that boring locations at the Property will be cleared of obstructions by the client prior to the start of any field work, SounclEarth has full access to the drilling locations, there will be no overhead obstacles at boring locations, and that field work will be completed during normal weekday work hours. Failure to provide access will result in delays, inability to drill at certain locations, and an increase in timing and cost of the investigation. PROJECT SCHEDULE SoundEarth anticipates that the pre -field, soil, and groundwater sampling activities will require approximately 2 weeks to complete from the date we are authorized to proceed, assuming access to the Property can be provided quickly and that drillers are available. Soil and groundwater analytical results will be provided by the laboratory approximately 2 weeks from the date the samples are submitted, and a draft report summarizing our findings and conclusions at the Property will be prepared approximately 3 weeks from the date the laboratory results are received. SoundEarth is available to begin this scope of work as soon as authorized by the client. SoundEarth shall proceed with such services in a diligent manner to completion or as otherwise directed by the client. SoundEarth will not be responsible for delays caused by factors beyond the consultant's control and which could not have been reasonably foreseen or prevented. RELIANCE The Phase II Environmental Site Assessment report will be prepared for the exclusive use and reliance of the City of Tukwila. Reliance by other parties is prohibited without the written authorization of the client and Sound Earth. If, in the future, the client and SoundEarth consent to reliance on the report by a third party, SoundEarth will grant such reliance via a Reliance Letter for an additional fee of $250 per relying party. Reliance on the report by the client and other authorized parties will be subject to the terms, conditions, and limitations stated in the Consulting Agreement for Site Survey Services (and sections of this proposal incorporated therein), the Reliance Letter, and the report. SoundEarth Strategies, inc. Pale 15 5:\Proposals\2017 Proposal Numbers\PROP-172-671C7NL Properly Phase) & II (CON FIDENTIAL(\PROP- 172.67 1C7 NL\Proposal Documents\PROP-172-67 1C7NL_F.doa lT J City of Tukwila October 20, 2017 CLOSING We appreciate the opportunity to provide this proposal for environmental services on this project. If the scope of services and associated costs are acceptable, the scope of work shall be performed under terms of the existing Consulting Agreement for Site Survey Services, dated September 18, 2017. Please call us at 206-306-1900 if you have any questions. Respectfully, Attachments: Figure 1, Proposed Exploration Plan Table 1, Phase II ESA Cost Estimate ASW/RKB:hsb SoundEarth Strategies, Inc. Page 1 6 5:\Proposals\2017 Proposal Numbers\PROP-172-G71C7NL Property Phase l& II (CONFIDE NTIAL)\PROP- 172-67_1C7NL\Proposa l Documents\PROP-172-67 JC7NL_F,docx 330 331 Table I Phase 11 ESA Cost Estimate fr JC7NL PropertyL I If 11 PropertyBoulevard, oole 14845 to 15035 Tukwila International — Id, 5006 to 15022 Military Road South, and 3415 South 150th Street Tukwila, Washington PROP -172-67 Assumptions to Cost Estimate • S—d—h Ilf h n.—I --g h—, th� `222-�- d" S—dE—h Ili b, 11 - ted Client -11 --Id —els agre encs I T- 2 2d y .1 fillb, I— ger dr 11 -ng for on for ng ' • Task 2 push probe work .... — 2 days of Held work at 1l locations to T. I.' feet bgs or refusal. I C- --- doe I — —1,d, disposal f —luill-I de —d .-, M 332 Exhibit C SoundEarlh StrateWies, Inc. 2811 1 akview nvenUe East, Suite 2000 Sound', Seattle. I%iashington 98102 October 30, 2017 City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 SUBJECT: PROPOSAL FOR PHASE 1/II ENVIRONMENTAL SITE ASSESSMENT PWS Property 11210 and 11234 Tukwila International Boulevard and 11231 East Marginal Way South Tukwila, Washington Proposal Number: PROP -172-66 To Whom It May Concern: Pursuant to your recent request, SoundEarth Strategies, Inc. (SoundEarth) is pleased to submit the following proposal to conduct Phase I and Phase II Environmental Site Assessments (ESA) of the property located at the addresses listed above in Tukwila, Washington (the Property). According to the available online assessor's records, the Property consists of five tax parcels (King County Parcel Nos. 092304-9411, 092304-9152, 102304-9059, 092304-9387, and 102304-9056) that cover a total of approximately 13.6 acres. The Property is developed with a 1959 -vintage, one-story, wood -framed warehouse; a 1974 - vintage, one-story, prefabricated steel -framed service repair garage; a 1975 -vintage, one-story, prefabricated steel -framed transit warehouse; a 1975 -vintage, one-story, prefabricated steel -framed storage garage; and a 2002 -vintage, steel -framed manufacturing building. An espresso stand is also located on the western portion of the Property. The Property is currently occupied by a shipping company, George Heiser Body Co., Jet Fuel Espresso, and offices. If this is not accurate, or if you have additional useful information, please inform us as soon as possible. TASK 1, PHASE I ENVIRONMENTAL SITE ASSESSMENT SCOPE OF SERVICES The objective of a Phase I ESA is to identify potential environmental liabilities or risks associated with a specific piece of real estate referred to as recognized environmental conditions, as outlined in the American Society for Testing and Materials (ASTM) Standard Practice for Environmental Site Assessments: Phase 1 Environmental Assessment Process (ASTM E1527-13). Risks commonly evaluated during a Phase I ESA include: ■ The potential for the presence of contaminated soil and/or groundwater. ■ The potential for on -Property migration of contaminants from off -Property sources. 'Recognized Environmental Conditions are defined by ASTM E1527-13 as "the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to any release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment." The term includes hazardous substances or petroleum products even under conditions of compliance with laws. The term is not intended to include de minimis conditions that generally do not present a material risk of harm to the public health or the environment and that generally would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies." i4tA, .,aIIiI1 ,,.7`i (,.,,,.i,'�L.1� 111 I"Al, hIv2i „ ly., do I qh; �. i;l.lff ..,'Il[, �),.-I I . ;.I1.I .:'ii.h fhc� Ii I . 11;1, I , i) , i 333 City of Tukwila October 30, 2017 ■ The potential for off -Property migration of on -Property contaminants by air emissions, groundwater, and other media. Technical Approach In accordance with ASTM E1527-13, which was developed by ASTM to provide a standardized method of conducting Phase I ESAs, SoundEarth's work on this project will consist of several elements: ■ Review of selected historical sources, where reasonably ascertainable and readily available, will be conducted in an attempt to document obvious past land use of the Property and adjoining properties back to 1940 or when the Property was initially developed, whichever is earlier. This will include interviews with persons having some knowledge of current and past use of the Property; review of historical aerial photographs and topographic maps of the Property and surrounding area; review of city directories, Sanborn Fire Insurance Maps, county assessor's records, building department records, and information at various local agencies, as available. Prior environmental reports, permits and registrations, geotechnical reports, Property title search information, and environmental lien information will be reviewed if provided by the client. ■ Review of current state and federal databases that list the registered sites with known or potential releases of toxic substances within a 0.5- to 1 -mile radius from the Property. ■ Reconnaissance of the Property and vicinity to observe current Property conditions and practices, The Property reconnaissance provides an opportunity to search for evidence of possible contamination in the form of soil discoloration, odors, vegetative stress, discarded drums, discarded industrial debris, building construction materials, underground storage tanks, etc. ■ Preparation of a written report documenting our methods and findings, including Property photographs, a map showing the locations of the Property and potential sources of contamination within a 1 -mile radius, a Property plan, and copies of supporting documents. Additional Services Not Included The following services, although not specifically required by ASTM E1527-13, may also be performed concurrently with ESAs and may be beneficial for the evaluation of environmental conditions and/or an evaluation of specific business environmental risks at the Property. At your direction, these services have not been included as part of the scope of services for this ESA. Please note that this list is not all- inclusive. If you seek additional services, please contact us for a supplemental proposal and cost estimate. ■ Visual Asbestos Survey ■ Asbestos Survey in Soil ■ Visual Observations for Lead -Based Paint ■ Asbestos Survey (prior to renovation/demolition) ■ Visual Observations for Mold ■ Mold Sampling (bulk or air) ■ Radon Testing SoundEarth Strategies, Inc. 5:\Proposals\7017 Proposal Num bers\PROP-177-66 PW5 Ptoperly Phase 1& II (CONFIDENTIAL(\PROP-172-66_PW5_F,docx 334 Page 1 2 City of Tukwila October 30, 2017 ■ Lead -Based Paint Survey ■ Lead in Drinking Water Sampling ■ Wetland Review ■ Threatened/Endangered Species Review ■ Historic Properties/Archaeological Resources Review ■ Stormwater System Inspections ■ Permit and Regulatory Compliance Audits Scheduling and Reporting SoundEarth anticipates completion of the Phase I ESA report within 15 business days, assuming written authorization to proceed is provided within 3 days. SoundEarth shall proceed with such services in a diligent manner to completion or as otherwise directed by the client. SoundEarth will not be responsible for delays caused by factors beyond SoundEarth's control and which could not have been reasonably foreseen or prevented. Sound Earth has assumed one mobilization to the Property, Furthermore, at the request of the client, SoundEarth will observe the Property and the current uses from vantage points that are accessible to the general public. SounclEarth will not communicate with the current property owners, nor reveal information regarding the identity of the client. All information provided to and generated by Sound Earth will remain confidential. PHASE II ENVIRONMENTAL SITE ASSESSMENT SCOPE OF SERVICES At the request of the City of Tukwila, costs for a subsurface investigation to evaluate the current soil and groundwater quality at the Property are included in this proposal. Task 2, Pre -Field Activities Pre -field activities include the development of a scope of work for the Property, coordination of internal staff and subcontractors, development of a work plan summary, and the development of a site-specific health and safety plan. Task 3, Phase II ESA Field Activities Field activities will include conducting public and private utility locates, advancing up to 15 direct -push soil borings, collecting environmental soil samples from each of the borings, and collecting environmental groundwater samples from each of the borings, if applicable. Prior to drilling activities, a private utility locate will be performed in order to clear the proposed boring locations of any underground features or utilities on the Property that are not identified by the public one -call locate. Drilling activities include advancing approximately 15 direct -push soil borings in suspect areas or in the inferred downgradient hydrologic position of suspect areas, as identified during the Phase I ESA research. Each boring will be advanced to a maximum depth of 15 feet below ground surface (bgs). Soil samples will be collected at 4- to 5 -foot depth intervals. Each boring will be logged by a professional geologist with soil classified using the Unified Soil Classification System. Soil from each boring will be evaluated for potential impacts through visual observations and notations of odor. Additionally, soil will SoundEarth Strategies, Inc. Page 13 5:\Proposals\2017 Propose l Num be rs\PROP-172-66 PW5 Property Phase l&11 (CONFIDE NTIAL)\PROP-172-66 PW5_F.doa 335 City of Tukwila October 30, 2017 be screened in the field for potential evidence of contamination using a photoionization detector to detect the presence of volatile organic vapors. Approximately two samples from each soil boring will be submitted for one or more of the following analyses: ■ Gasoline -range petroleum hydrocarbons (GRPH) by Northwest Total Petroleum Hydrocarbon (NWTPH) Method NWTPH-Gx ■ Diesel -range petroleum hydrocarbons (DRPH) and oil -range petroleum hydrocarbons (ORPH) by Method NWTPH-Dx ■ Full volatile suite (VOCs) by U.S. Environmental Protection Agency (EPA) Method 8260C ■ Washington State Model Toxics Control Act (MTCA) 5 metals (arsenic, cadmium, chromium, lead, and mercury) by EPA Method 200.8 Additional analyses may be added based on the findings of the Phase I ESA research. Soil samples will be placed on ice in laboratory -supplied sample containers and shipped under chain -of - custody protocol to the analytical laboratory for analysis of appropriate chemicals of concern. If groundwater is encountered in the soil borings, reconnaissance groundwater samples will be collected from each of the 15 borings. Reconnaissance groundwater samples will be submitted for one or more of the following analyses: ■ GRPH by Method NWTPH-Gx ■ DRPH and ORPH by Method NWTPH-Dx ■ VOCs by EPA Method 8260C ■ MTCA 5 metals by EPA Method 200.8 Sampling of soil and groundwater from depths greater than 15 feet bgs is not envisioned in this scope of work. The field activities associated with the Phase II ESA at the Property, including the private utility locate, drilling, and soil and groundwater sampling, are anticipated to take 2 days to complete. Depending on the results of the investigation, additional follow-up sampling may be required to further define the extent of contamination (if encountered). SounclEarth assumes that all areas of the properties will be accessible during the assessments. The results of the field activities and laboratory analytical results will be provided in the reports described in Task 4. Costs for profiling and disposal of investigation -derived waste are not included in this proposal and cost estimate. Task 4, Data Evaluation, Tabulation, and Reporting Following completion of the soil and groundwater sampling activities and receipt of the laboratory analytical results, a summary letter will be prepared and will include the following: Sound1Earth Strategies, Inc. Page 1 4 5:\Proposals\2017 Prop osa l Numbers\PROP-172-66 PW5 Property Phase l& 11 (CONFIDE NTIAQ\PROP-172-66 PW5_F.dou 336 City of Tukwila October 30, 2017 ■ A description of subsurface conditions encountered during the subsurface investigation, including detailed soil boring logs and a site and exploration plan. ■ Tabulated analytical results with comparisons to applicable state cleanup levels, and discussion of results and potential environmental liabilities or concerns associated with the Property. Task 5, Project Management This task includes the project management activities that are essential to the success of achieving client objectives. Project management activities include project coordination, contracting, and client meetings and other communication. Schedule SoundEarth is available to begin this scope of work as soon as authorized by the client, The standard Phase I ESA report preparation is about 2 to 3 weeks, but may be expedited since the Ecology files have already been requested. The Phase II ESA will include 2 days in the field, 2 weeks for laboratory analysis, and 2 weeks for reporting. SoundEarth shall proceed with such services in a diligent manner to completion or as otherwise directed by the client. SoundEarth will proceed with Task 2 activities following identification of any additional recognized environmental conditions during the Phase I ESA (Task 1). SounclEarth will not be responsible for delays caused by factors beyond the consultant's control and which could not have been reasonably foreseen or prevented. RELIANCE The Phase I ESA report and Phase II report will be prepared for the exclusive use and reliance of the City of Tukwila. Reliance by other parties is prohibited without the written authorization of the client and SounclEarth. If, in the fiture, the client and SoundEarth consent to reliance on the report by a third party, SoundEarth will grant such reliance via a Reliance Letter for an additional fee of $250 per relying party. Reliance on the report by the client and other authorized parties will be subject to the terms, conditions, and limitations stated in the Consulting Services Agreement (and sections of this proposal incorporated therein), the Reliance Letter, and the report. ESTIMATED COSTS The estimated total cost to conduct the Phase I ESA and the Phase II ESA described above is $51,686. The costs associated with the disposal of investigation -derived waste are not included in this estimate. The details of the estimated costs are provided in the attached table. SoundEarth proposes to conduct the subsurface investigation on a time and material contractual basis. Our cost estimate will not be exceeded without your written authorization. SounclEarth is committed to preserving the environment. Therefore, the client will be provided with a PDF version of the final report. If, however, the client would like hard copies of the report, SoundEarth is happy to provide up to three copies at no charge. Additional copies will be charged to the client at $50 a co py. SoundEarth Strategies, Inc. Page 1 5 5;\Proposals\3017 Proposal Numbers\PROP-172-66 PW5 Property Phase l& 11 JCONFIOENTIHL)\PROP-172-66 PWS F.doa 337 City of Tukwila October 30, 2017 CLOSING We appreciate the opportunity to provide this proposal for environmental services on this project. If the scope of services and associated costs are acceptable, the scope of work shall be performed under terms of the existing Consulting Agreement for Site Survey Services, dated September 18, 2017. Please call us at 206-306-1900 if you have any questions. Respectfully, Ryan Bixby, LG President Attachments: Table 1: Phase I and II Environmental Site Assessment Cost Estimate RKB:dnm/slf 5oundEarth Strategies, Inc. 5:\Proposals\2017 Proposal Numbers\PROP-172-66 PW5 Properly Phase I & II CONFIDE NTIAL)\PROP-172-66_PW5_F.doa 338 Page 1 6 ypg Ph— I and 11 Environmental Sit. A€--- C— Estirrat, PW 11210 and 11234 T,k,ll, Int .... tl,I Sopuml,pv2d and 11231 E.. Marginal Way South I' a C C (1, i T.k,ll- , Washington PROP -172-66 Assumptions to Cost Btirruft,e a SoundEarth will leave access to Ilse properties durin8 no mai working hours. • -1, 2 —u— 2 days pf drilling t, M-- 15 soil b.,im,, 1. 15 f— W.. ground surface. • A flf the provided asathe deliverable W T.k A. I C— -hn- d... - include dfilp—I of —i -d —11, Ta $23,170 $695 $7,659 $20,162 1 $51,686 IM� SoundEarth Labor.Categorl,s, was, and Hours Unor I Projem I to I Enlil ... r/ Enghn..T/ Erigl ... ri S.0 or C Manning Geologist/Geologist/(i Geologist/ l C*GIS d $..lot P,.J. Soun,]Eitth ODCs, SoundEarth '.Task Princij,al Sclaritht Scientist klentist Speciallat I Writer/ Editor Coordinator Clerical SoundEarth Communication Subcontractors, and Laboratory, No. Desalption 7225--7 --TI85— —$0 —$ —$ —$9 $70 Labor F— Flald Equipiniunt 11apa— T.,kTM.1 I Ph— I ESA 3 3 32 4 4 $6,370 $191 $439 $7,000 2 P—Fl,ld Activities 2 6 8 4 2 $2,890 $97 3 Ph— 11 ESA Flak! Acllvltles 2 4 24 $3,870 $116 $7,220 $20,162 $31,368 a Data Evaluation, Tabulation, and Reporting 4 12_ 24 8 4 2 1 57.000 $210 $7,210 5 P'.h. Management 4 1 12 1 1 1 4 1 2 1 S3.040 1 591 1 1 $3,131 Assumptions to Cost Btirruft,e a SoundEarth will leave access to Ilse properties durin8 no mai working hours. • -1, 2 —u— 2 days pf drilling t, M-- 15 soil b.,im,, 1. 15 f— W.. ground surface. • A flf the provided asathe deliverable W T.k A. I C— -hn- d... - include dfilp—I of —i -d —11, Ta $23,170 $695 $7,659 $20,162 1 $51,686 IM� 340 City of Tukwila Contract Number: • �� 6200 Southcenter Boulevard, Tukwila WA 98188 CONSULTANT AGREEMENT FOR SITE SURVEY SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and Bush Roed & Hitchings, Inc. hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Proiect Designation. The Consultant is retained by the City to perform survey services for four selected site referred to as the Justice Center Site (JC7NL), Public Works Site (PW), Fire Station 52 Site (FS52), and Fire Station 54 Site (FS54), in connection with the project titled Tukwila Public Safety Plan. 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. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2018, 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 January 31, 2018 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," "C," and "D" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $57,400 (including estimated expenses) 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. 341 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. 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 use of the said documents, drawings, specifications or other materials by the City 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 defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the 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 bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: CA revised : 1-2013 342 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. 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 Automobile Liability and 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 : 1-2013 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. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. 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: Thomas Carner, P. L.A. Bush Roed & Hitchings, Inc. 2009 Minor Avenue East, Seattle, WA 98102-3513 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. CA revised : 1-2013 344 Page 4 DATED this day of CITY OF TUKWILA Allan Ekberg, Mayor CA revised : 1-2013 CONSULTANT By: Printed Name: Title: 20 Page 5 ZR 346 Exhibit A BRH Bush Roed & Hitchings, Inc. 1y1►_IV0A►eUI October 24, 2017 Carrie Holmes Axis Planning & Development, LLC 1529 Western Avenue Seattle, WA 98101 Proposed Land Survey Services - ALTA Survey - Site FS52 Parcel no.: 3597000320 Vicinity of 65th Avenue S & Southcenter Blvd. Tukwila, WA 98188 Dear Ms. Holmes, We look forward to providing you with land title survey services at the site referenced above. (See Exhibit "A"). Please note that our proposed scope of work is based upon decades of BRH experience with ALTA surveys. Title Report Our survey will be conducted based on a Title Report furnished by your office. Specifications Our survey will be performed per ALTA/NSPS Land Title Survey Standards, 2016, Table A Items 2, 3, 4, 7a, 7bl, 7c, 8, 9, 11, 13, 14, 16, 17, 18, 19 and 20 (See Exhibit "B"). Please forward any lender/client survey specifications, if applicable. Please forward the names of the entities to whom the survey is to be certified. Zoning Report Please note that if Table A, item 6a or 6b is required, we will need to be provided with a zoning report. Adding these items may also affect our fee. BRH - Land Surveyors & Civil Engineers 2009 Minor Avenue East, Seattle, WA 98102-3513 Phone: (206) 323-4144 / (800) 935-0508, Fax: (206) 323-7135, Internet: www.brhinc.com ZrA AXIS PLANNING & DEVELOPMENT, LLC Carrie Holmes October 24, 2017 Page 2 Fees BRH, Inc. Our fee to provide this service is $5,800. Expense items, such as parking fees, tolls, printing charges and delivery fees will be billed at our cost plus 15% in addition to the above fee for our services. The terms of this proposal are valid for 60 days. Deliverables The final ALTA drawing will be prepared for you in AutoCAD. Stamped and signed documents will be delivered. Please provide a distribution list for the final delivery of the survey. Delivery Schedule We will complete and deliver the final drawing within 25 business days of a signed authorization to proceed. Professional responsibility for Reliability and Accuracy All ALTA surveys are not equal — accurate and reliable data prevents delays that cost you money We Offer Reliability: The survey we will provide to you will be based on actual, on -the -ground, field measurements and observations. We will NOT: 1) rely on mapping obtained by a 3rd party 2) copy or trace existing mapping by others 3) utilize internet-based mapping We Meet Professional Standards: What you will get from BRH will comply with National ALTA/NSPS standards and Washington State law. BRH certifies that all mapping information presented in your survey will be solely the work of BRH personnel, based on information acquired on-site by BRH personnel and record information researched by BRH personnel. Insurance The activities of Bush, Roed & Hitchings, Inc. are insured for both commercial general liability and professional liability. Commercial general liability limit is $1,000,000 per occurrence and $2,000,000 in the aggregate. Professional liability limit of coverage is $2,000,000. We always encourage our clients to request a Certificate of Insurance — something we will provide to you upon request. AXIS PLANNING & DEVELOPMENT, LLC Carrie Holmes October 24, 2017 Page 3 BRH, Inc. Thank You We appreciate the opportunity to submit this proposal to you, and we look forward to working with you on this project. Sincerely, BUSH, ROED & HITCHINGS, INC. i Thomas E. Carner, P.L.S. Survey Project Manager TEC/caj Enclosure ACCEPTED BY: AXIS PLANNING & DEVELOPMENT, LLC Printed Name: Signature:_ Title: Date: Summary We have prepared many thousands of ALTA surveys. And we have found the best way to commence services is to clarify responsibilities. We will ask you to provide: a. Your signed and dated acceptance (above) — within 60 days of the date of this proposal. b. A Title Report — receiving this, and the information noted below, as soon as possible, will be the key to the timely completion of your ALTA survey. c. Any applicable lender/client survey specifications. d. Name of entities to whom the survey will be certified. e. A Distribution List for the documents. BRH will provide: a. A Certificate of Insurance, upon your request. b. An accurate and reliable ALTA survey, based upon on -the -ground observations, and applicable AL T A/NSPS Standards and Washington State law. Z. Exhibit "A" King County Ma The nfamation included on Ibis map has been compled by iGng County stafffrom a variety of sources andis sul act to change without notice. IGng County makes no representations or wawa Mies, express orim p/letl, as to accuracy, completeness, thalness, or rights to the useof such information. This document s not intended for use as a survey product. Kng County stall not be lade for any general. special, ndrect, incidental, or consequential damages inclucing, but not Ihniled to, lost revenues or lost profits reaulirig from the use or misuse of the Information contained on the map. Any sale of the map or infe mation on this map is prohoited except by written pennssion of Kng County, Date: 1 012 412 01 7 Notes. 350 W King County GIS CENTER TABLE A OPTIONAL SURVEY RESPONSIBILITIES AND SPECIFICATIONS NOTE: The twenty (20) items of Table A may be negotiated between the surveyor and client. Any additional items negotiated between the surveyor and client shall be identified as 21(a), 21(b), etc. and explained pursuant to Section 6.D.ii.(g). Notwithstanding Table A Items 5 and 11, if an engineering design survey is desired as part of an ALTA/NSPS Land Title Survey, such services should be negotiated under Table A, Item 21. If checked, the following optional items are to be included in the ALTA/NSPS LAND TITLE SURVEY, except as otherwise qualified (see note above): 1. Monuments placed (or a reference monument or witness to the corner) at all major corners of the boundary of the property, unless already marked or referenced by existing monuments or witnesses in close proximity to the corner. 2. _X Address(es) of the surveyed property if disclosed in documents provided to or obtained by the surveyor, or observed while conducting the fieldwork. 3. _X Flood zone classification (with proper annotation based on federal Flood Insurance Rate Maps or the state or local equivalent) depicted by scaled map location and graphic plotting only. 4. _X Gross land area (and other areas if specified by the client). 5. Vertical relief with the source of information (e.g., ground survey, aerial map), contour interval, datum, and originating benchmark identified. 6. (a) If set forth in a zoning report or letter provided to the surveyor by the client, list the current zoning classification, setback requirements, the height and floor space area restrictions, and parking requirements. Identify the date and source of the report or letter. (b) If the zoning setback requirements are set forth in a zoning report or letter provided to the surveyor by the client, and if those requirements do not require an interpretation by the surveyor, graphically depict the building setback requirements. Identify the date and source of the report or letter. 7. _X (a) Exterior dimensions of all buildings at ground level. (b) Square footage of: _X (1) exterior footprint of all buildings at ground level. (2) other areas as specified by the client. _X (c) Measured height of all buildings above grade at a location specified by the client. If no location is specified, the point of measurement shall be identified. 8. X Substantial features observed in the process of conducting the fieldwork (in addition to Page 1 of 3 Copyright 2016. All rights reserved. American Land Title Association and National Society of Professional Surveyors 351 AMERICAN LAND I]ILL N5 PS ASSOCIATION 351 the improvements and features required pursuant to Section 5 above) (e.g., parking lots, billboards, signs, swimming pools, landscaped areas, substantial areas of refuse). 9. _X Number and type (e.g., disabled, motorcycle, regular and other marked specialized types) of clearly identifiable parking spaces on surface parking areas, lots and in parking structures. Striping of clearly identifiable parking spaces on surface parking areas and lots. 10. (a) As designated by the client, a determination of the relationship and location of certain division or party walls with respect to adjoining properties (client to obtain necessary permissions). (b) As designated by the client, a determination of whether certain walls are plumb (client to obtain necessary permissions). 11. _X Location of utilities existing on or serving the surveyed property as determined by: • observed evidence collected pursuant to Section 5. E. iv. • evidence from plans requested by the surveyor and obtained from utility companies, or provided by client (with reference as to the sources of information), and • markings requested by the surveyor pursuant to an 811 utility locate or similar request Representative examples of such utilities include, but are not limited to: • Manholes, catch basins, valve vaults and other surface indications of subterranean uses; • Wires and cables (including their function, if readily identifiable) crossing the surveyed property, and all poles on or within ten feet of the surveyed property. Without expressing a legal opinion as to the ownership or nature of the potential encroachment, the dimensions of all encroaching utility pole crossmembers or overhangs; and • Utility company installations on the surveyed property. Note to the client, insurer, and lender - With regard to Table A, item 11, source information from plans and markings will be combined with observed evidence of utilities pursuant to Section 5.E.iv. to develop a view of the underground utilities. However, lacking excavation, the exact location of underground features cannot be accurately, completely, and reliably depicted. In addition, in some jurisdictions, 811 or other similar utility locate requests from surveyors may be ignored or result in an incomplete response, in which case the surveyor shall note on the plat or map how this affected the surveyor's assessment of the location of the utilities. Where additional or more detailed information is required, the client is advised that excavation and/or a private utility locate request may be necessary. 12. As specified by the client, Governmental Agency survey -related requirements (e.g., HUD surveys, surveys for leases on Bureau of Land Management managed lands). 13. _X Names of adjoining owners according to current tax records. If more than one owner, identify the first owner's name listed in the tax records followed by "et al." Page 2 of 3 a � Copyright 2016. All rights reserved. nnacalCAN _—_ LAND I i I LF American Land Title Association andN J(" PS ASSOCIATION National Society of Professional Surveyors r:. af.! u 352 14. _X As specified by the client, distance to the nearest intersecting street. 15. Rectified orthophotography, photogrammetric mapping, remote sensing, airborne/mobile laser scanning and other similar products, tools or technologies as the basis for the showing the location of certain features (excluding boundaries) where ground measurements are not otherwise necessary to locate those features to an appropriate and acceptable accuracy relative to a nearby boundary. The surveyor shall (a) discuss the ramifications of such methodologies (e.g., the potential precision and completeness of the data gathered thereby) with the insurer, lender, and client prior to the performance of the survey, and (b) place a note on the face of the survey explaining the source, date, precision, and other relevant qualifications of any such data. 16. _X Evidence of recent earth moving work, building construction, or building additions observed in the process of conducting the fieldwork. 17. _X Proposed changes in street right of way lines, if such information is made available to the surveyor by the controlling jurisdiction. Evidence of recent street or sidewalk construction or repairs observed in the process of conducting the fieldwork. 18. X If there has been a field delineation of wetlands conducted by a qualified specialist hired by the client, the surveyor shall locate any delineation markers observed in the process of conducting the fieldwork and show them on the face of the plat or map. If no markers were observed, the surveyor shall so state. 19. _X Include any plottable offsite (i.e., appurtenant) easements or servitudes disclosed in documents provided to or obtained by the surveyor as a part of the survey pursuant to Sections 5 and 6 (and applicable selected Table A items) (client to obtain necessary permissions). 20. _X Professional Liability Insurance policy obtained by the surveyor in the minimum amount of $ to be in effect throughout the contract term. Certificate of Insurance to be furnished upon request, but this item shall not be addressed on the face of the plat or map. 21. Adopted by the Board of Governors, American Land Title Association, on October 8, 2015. American Land Title Association, 1800 M St., N. W., Suite 300S, Washington, D.C. 20036-5828. www.alta.org Adopted by the Board of Directors, National Society of Professional Surveyors, on October 9, 2015. National Society of Professional Surveyors, Inc., 5119 Pegasus Court, Suite Q, Frederick, MD 21704. http://Www.nsps.us.com/ Page 3 of 3 Copyright 2016. All rights reserved. American Land Title Association and National Society of Professional Surveyors nn+r:rslcnN LAND IIrLI: NS PS ASSOCIATION .11 353 BRH Bush Roed & Hitchings, Inc. VIA EMAIL October 24, 2017 Carrie Holmes Axis Planning & Development, LLC 1529 Western Avenue Seattle, WA 98101 Proposed Land Survey Services - ALTA Survey - Site FS54 Parcel no.: 1523049263 13916 42nd Avenue S Tukwila, WA 98168 Dear Ms. Holmes, We look forward to providing you with land title survey services at the site referenced above. (See Exhibit "A"). Please note that our proposed scope of work is based upon decades of BRH experience with ALTA surveys. Title Report Our survey will be conducted based on a Title Report furnished by your office. Specifications Our survey will be performed per ALTA/NSPS Land Title Survey Standards, 2016, Table A Items 2, 3, 4, 7a, 7b1, 7c, 8, 9, 11, 13, 14, 16, 17, 18, 19 and 20 (See Exhibit "B"). Please forward any lender/client survey specifications, if applicable. Please forward the names of the entities to whom the survey is to be certified. Zoning Report Please note that if Table A, item 6a or 6b is required, we will need to be provided with a zoning report. Adding these items may also affect our fee. BRH - Land Surveyors & Civil Engineers 2009 Minor Avenue East, Seattle, WA 98102-3513 Phone: (206) 323-4144 / (800) 935-0508, Fax: (206) 323-7135, Internet: www.brhinc.com 354 Exhibit B AXIS PLANNING & DEVELOPMENT, LLC Carrie Holmes October 24, 2017 Page 2 Fees BRH, Inc. Our fee to provide this service is $7,900. Expense items, such as parking fees, tolls, printing charges and delivery fees will be billed at our cost plus 15% in addition to the above fee for our services. The terms of this proposal are valid for 60 days. Deliverables The final ALTA drawing will be prepared for you in AutoCAD. Stamped and signed documents will be delivered. Please provide a distribution list for the final delivery of the survey. Delivery Schedule We will complete and deliver the final drawing within 25 business days of a signed authorization to proceed. Professional Responsibility for Reliability and Accuracy All ALTA surveys are not equal — accurate and reliable data prevents delays that cost you money We Offer Reliability: The survey we will provide to you will be based on actual, on -the -ground, field measurements and observations. We will NOT: 1) rely on mapping obtained by a 3rd party 2) copy or trace existing mapping by others 3) utilize internet-based mapping We Meet Professional Standards: What you will get from BRH will comply with National ALTA/NSPS standards and Washington State law. BRH certifies that all mapping information presented in your survey will be solely the work of BRH personnel, based on information acquired on-site by BRH personnel and record information researched by BRH personnel. Insurance The activities of Bush, Roed & Hitchings, Inc. are insured for both commercial general liability and professional liability. Commercial general liability limit is $1,000,000 per occurrence and $2,000,000 in the aggregate. Professional liability limit of coverage is $2,000,000. We always encourage our clients to request a Certificate of Insurance — something we will provide to you upon request. 355 AXIS PLANNING & DEVELOPMENT, LLC Carrie Holmes October 24, 2017 Page 3 BRH, Inc. Thank You We appreciate the opportunity to submit this proposal to you, and we look forward to working with you on this project. Sincerely, BUSH, ROED & HITCHINGS, INC. Thomas E. Carner, P.L.S. Survey Project Manager TEC/caj Enclosure ACCEPTED BY: AXIS PLANNING & DEVELOPMENT, LLC Printed Name: Signature:_ Title: Date: Summary We have prepared many thousands of ALTA surveys. And we have found the best way to commence services is to clarify responsibilities. We will ask you to provide: a. Your signed and dated acceptance (above) — within 60 days of the date of this proposal. b. A Title Report — receiving this, and the information noted below, as soon as possible, will be the key to the timely completion of your ALTA survey. c. Any applicable lender/client survey specifications. d. Name of entities to whom the survey will be certified. e. A Distribution List for the documents. BRH will provide: a. A Certificate of Insurance, upon your request. b. An accurate and reliable ALTA survey, based upon on -the -ground observations, and applicable ALTA/NSPS Standards and Washington State law. 356 Exhibit "A" King County Map The information included on this map has been compied by Ion g County staff from a variety of sources and is su lbect to change N Wthout notice. Kng Comdy makes no representations orvananlies, express orim pied, as to accuracy, competeness, time Ihess, 'e King County or rights to the use of such information. This document is not intended for use as a survey product. lung County shall not be lade to,amy gen era!,spacral ,hdrec(incidental, orconsectuentla damages inclucing, but not limitedto, lostreverwes or lost profits GIS CENTER reslufing from the use or r ruse of the inform alon contained on this map. My sale of the map orinfotmaton on this map is prohibited except bywriften permssion of lung County. Date: 10/24/2017 Notes: 357 TABLE A OPTIONAL SURVEY RESPONSIBILITIES AND SPECIFICATIONS NOTE: The twenty (20) items of Table A may be negotiated between the surveyor and client. Any additional items negotiated between the surveyor and client shall be identified as 21(a), 21(b), etc. and explained pursuant to Section 6.D.ii.(g). Notwithstanding Table A Items 5 and 11, if an engineering design survey is desired as part of an ALTA/NSPS Land Title Survey, such services should be negotiated under Table A, Item 21. If checked, the following optional items are to be included in the ALTA/NSPS LAND TITLE SURVEY, except as otherwise qualified (see note above): 1. Monuments placed (or a reference monument or witness to the corner) at all major corners of the boundary of the property, unless already marked or referenced by existing monuments or witnesses in close proximity to the corner. 2. _X Address(es) of the surveyed property if disclosed in documents provided to or obtained by the surveyor, or observed while conducting the fieldwork. 3. _X Flood zone classification (with proper annotation based on federal Flood Insurance Rate Maps or the state or local equivalent) depicted by scaled map location and graphic plotting only. 4. _X Gross land area (and other areas if specified by the client). 5. Vertical relief with the source of information (e.g., ground survey, aerial map), contour interval, datum, and originating benchmark identified. 6. (a) If set forth in a zoning report or letter provided to the surveyor by the client, list the current zoning classification, setback requirements, the height and floor space area restrictions, and parking requirements. Identify the date and source of the report or letter. (b) If the zoning setback requirements are set forth in a zoning report or letter provided to the surveyor by the client, and if those requirements do not require an interpretation by the surveyor, graphically depict the building setback requirements. Identify the date and source of the report or letter. 7. _X (a) Exterior dimensions of all buildings at ground level. (b) Square footage of. - _X (1) exterior footprint of all buildings at ground level. (2) other areas as specified by the client. X (c) Measured height of all buildings above grade at a location specified by the client. If no location is specified, the point of measurement shall be identified. 8. X Substantial features observed in the process of conducting the fieldwork (in addition to Copyright 2016. All rights reserved. American Land Title Association and National Society of Professional Surveyors 358 Page 1 of 3 e, AMERICAN IANU IIILEA : NS PS ASSOCIAIION the improvements and features required pursuant to Section 5 above) (e.g., parking lots, billboards, signs, swimming pools, landscaped areas, substantial areas of refuse). 9. _X Number and type (e.g., disabled, motorcycle, regular and other marked specialized types) of clearly identifiable parking spaces on surface parking areas, lots and in parking structures. Striping of clearly identifiable parking spaces on surface parking areas and lots. 10. (a) As designated by the client, a determination of the relationship and location of certain division or party walls with respect to adjoining properties (client to obtain necessary permissions). (b) As designated by the client, a determination of whether certain walls are plumb (client to obtain necessary permissions). 11. _X Location of utilities existing on or serving the surveyed property as determined by: • observed evidence collected pursuant to Section 5.E.iv. • evidence from plans requested by the surveyor and obtained from utility companies, or provided by client (with reference as to the sources of information), and • markings requested by the surveyor pursuant to an 811 utility locate or similar request Representative examples of such utilities include, but are not limited to: Manholes, catch basins, valve vaults and other surface indications of subterranean uses; • Wires and cables (including their function, if readily identifiable) crossing the surveyed property, and all poles on or within ten feet of the surveyed property. Without expressing a legal opinion as to the ownership or nature of the potential encroachment, the dimensions of all encroaching utility pole crossmembers or overhangs; and Utility company installations on the surveyed property. Note to the client, insurer, and lender - With regard to Table A, item 11, source information from plans and markings will be combined with observed evidence of utilities pursuant to Section 5.E.iv. to develop a view of the underground utilities. However, lacking excavation, the exact location of underground features cannot be accurately, completely, and reliably depicted. In addition, in some jurisdictions, 811 or other similar utility locate requests from surveyors may be ignored or result in an incomplete response, in which case the surveyor shall note on the plat or map how this affected the surveyor's assessment of the location of the utilities. Where additional or more detailed information is required, the client is advised that excavation and/or a private utility locate request may be necessary. 12. As specified by the client, Governmental Agency survey -related requirements (e.g., HUD surveys, surveys for leases on Bureau of Land Management managed lands). 13. _X Names of adjoining owners according to current tax records. If more than one owner, identify the first owner's name listed in the tax records followed by "et al." Page 2 of 3 Copyright 2016. All rights reserved. American Land Title Association and National Society of Professional Surveyors ;+W AMERICAN LAND IIfLI NS PS A110CIA1I1IN ;+W 14. _X As specified by the client, distance to the nearest intersecting street. 15. Rectified orthophotography, photogrammetric mapping, remote sensing, airborne/mobile laser scanning and other similar products, tools or technologies as the basis for the showing the location of certain features (excluding boundaries) where ground measurements are not otherwise necessary to locate those features to an appropriate and acceptable accuracy relative to a nearby boundary. The surveyor shall (a) discuss the ramifications of such methodologies (e.g., the potential precision and completeness of the data gathered thereby) with the insurer, lender, and client prior to the performance of the survey, and (b) place a note on the face of the survey explaining the source, date, precision, and other relevant qualifications of any such data. 16. X Evidence of recent earth moving work, building construction, or building additions observed in the process of conducting the fieldwork. 17. _X Proposed changes in street right of way lines, if such information is made available to the surveyor by the controlling jurisdiction. Evidence of recent street or sidewalk construction or repairs observed in the process of conducting the fieldwork. 18. X If there has been a field delineation of wetlands conducted by a qualified specialist hired by the client, the surveyor shall locate any delineation markers observed in the process of conducting the fieldwork and show them on the face of the plat or map. If no markers were observed, the surveyor shall so state. 19. _ X Include any plottable offsite (i.e., appurtenant) easements or servitudes disclosed in documents provided to or obtained by the surveyor as a part of the survey pursuant to Sections 5 and 6 (and applicable selected Table A items) (client to obtain necessary permissions). 20. _X Professional Liability Insurance policy obtained by the surveyor in the minimum amount of $ to be in effect throughout the contract term. Certificate of Insurance to be furnished upon request, but this item shall not be addressed on the face of the plat or map. 21. Adopted by the Board of Governors, American Land Title Association, on October 8, 2015. American Land Title Association, 1800 M St., N. W, Suite 300S, Washington, D.C. 20036-5828. www.alta.orq Adopted by the Board of Directors, National Society of Professional Surveyors, on October 9, 2015. National Society of Professional Surveyors, Inc., 5119 Pegasus Court, Suite Q, Frederick, MD 21704. http://Www.nsps.us.com/ Copyright 2016. All rights reserved. American Land Title Association and National Society of Professional Surveyors 360 Page 3 of 3 ,.. AMERICAN LAND 1111.6 NS P5 ASSOCIADOId BRH Bush Roed & Hitchings, Inc. VIA EMAIL October 24, 2017 Carrie Holmes Axis Planning & Development, LLC 1529 Western Avenue Seattle, WA 98101 Proposed Land Survey Services - ALTA Survey - Site JC7NL Parcel no's: 0041000515, 0041000514, 0041000480, 0041000494, 0041000513, 0041000516, 0041000517, 0041000335 & 0041000330 Vicinity of International Blvd & S 150th Street Tukwila, WA 98188 Dear Ms. Holmes, We look forward to providing you with land title survey services at the site referenced above. (See Exhibit "A"). Please note that our proposed scope of work is based upon decades of BRH experience with ALTA surveys. Title Report Our survey will be conducted based on a Title Report furnished by your office. Specifications Our survey will be performed per ALTA/NSPS Land Title Survey Standards, 2016, Table A Items 2, 3, 4, 7a, 7b1, 7c, 8, 9, 11, 13, 14, 16, 17, 18, 19 and 20 (See Exhibit "B"). Please forward any lender/client survey specifications, if applicable. Please forward the names of the entities to whom the survey is to be certified. Zoning Report Please note that if Table A, item 6a or 6b is required, we will need to be provided with a zoning report. Adding these items may also affect our fee. BRH - Land Surveyors & Civil Engineers 2009 Minor Avenue East, Seattle, WA 98102-3513 Phone: (206) 323-4144 / (800) 935-0508, Fax: (206) 323-7135, Internet: www.brhinc.com Exhibit C 361 AXIS PLANNING & DEVELOPMENT, LLC Carrie Holmes October 24, 2017 Page 2 Fees BRH, Inc. Our fee to provide this service is $15,700. Expense items, such as parking fees, tolls, printing charges and delivery fees will be billed at our cost plus 15% in addition to the above fee for our services. The terms of this proposal are valid for 60 days. Deliverables The final ALTA drawing will be prepared for you in AutoCAD. Stamped and signed documents will be delivered. Please provide a distribution list for the final delivery of the survey. Delivery Schedule We will complete and deliver the final drawing within 25 business days of a signed authorization to proceed. Professional Responsibility for Reliability and Accuracy All ALTA surveys are not equal — accurate and reliable data prevents delays that cost you money We Offer Reliability: The survey we will provide to you will be based on actual, on -the -ground, field measurements and observations. We will NOT: 1) rely on mapping obtained by a 3rd party 2) copy or trace existing mapping by others 3) utilize internet-based mapping We Meet Professional Standards: What you will get from BRH will comply with National ALTA/NSPS standards and Washington State law. BRH certifies that all mapping information presented in your survey will be solely the work of BRH personnel, based on information acquired on-site by BRH personnel and record information researched by BRH personnel. Insurance The activities of Bush, Roed & Hitchings, Inc. are insured for both commercial general liability and professional liability. Commercial general liability limit is $1,000,000 per occurrence and $2,000,000 in the aggregate. Professional liability limit of coverage is $2,000,000. We always encourage our clients to request a Certificate of Insurance — something we will provide to you upon request. 362 AXIS PLANNING & DEVELOPMENT, LLC Carrie Holmes October 24, 2017 Page 3 BRH. Inc. Thank You We appreciate the opportunity to submit this proposal to you, and we look forward to working with you on this project. Sincerely, BUSH, ROED & HITCHINGS, INC. Thomas E. Carner, P.L.S. Survey Project Manager TEC/caj Enclosure ACCEPTED BY: AXIS PLANNING & DEVELOPMENT, LLC Printed Name: Signature:_ Title: Date: Summary We have prepared many thousands of ALTA surveys. And we have found the best way to commence services is to clarify responsibilities. We will ask you to provide: a. Your signed and dated acceptance (above) — within 60 days of the date of this proposal. b. A Title Report — receiving this, and the information noted below, as soon as possible, will be the key to the timely completion of your ALTA survey. c. Any applicable lender/client survey specifications. d. Name of entities to whom the survey will be certified. e. A Distribution List for the documents. BRH will provide: a. A Certificate of Insurance, upon your request. b. An accurate and reliable ALTA survey, based upon on -the -ground observations, and applicable ALTA/NSPS Standards and Washington State law. ON Exhibit "A" King Coun The 'nformation included on this map las been compied by lyng County staff from a variety of sources and is su gect to change Wthoutnotice. Kng County makes no representations or vanarrties, express orimpied, sale accuracy, canpsteness,tirneiness, King County or rights to the use of such information. The document's net intended for use as a survey product. King County shall not be fade fa cry generd, special, indract, incidental, orconseWential damages mcludng, but not limitedlo, lostreve.ce or bstprofits GIS CENTER resdting from the use or msuse dM the information contained on this map. y sale of Ins map orinformase nonthis map is prehbited except bywrid. pe'ns'ion of `mg County. Date: 10/24/2017 Notes: 364 LWA TABLE A OPTIONAL SURVEY RESPONSIBILITIES AND SPECIFICATIONS NOTE: The twenty (20) items of Table A may be negotiated between the surveyor and client. Any additional items negotiated between the surveyor and client shall be identified as 21(a), 21(b), etc. and explained pursuant to Section 6.D.ii. (g). Notwithstanding Table A Items 5 and 11, if an engineering design survey is .desired as part of an ALTA/NSPS Land Title Survey, such services should be negotiated under Table A, Item 21. If checked, the following optional items are to be included in the ALTA/NSPS LAND TITLE SURVEY, except as otherwise qualified (see note above): 1. Monuments placed (or a reference monument or witness to the corner) at all major corners of the boundary of the property, unless already marked or referenced by existing monuments or witnesses in close proximity to the corner. 2. _X Address(es) of the surveyed property if disclosed in documents provided to or obtained by the surveyor, or observed while conducting the fieldwork. 3. _X Flood zone classification (with proper annotation based on federal Flood Insurance Rate Maps or the state or local equivalent) depicted by scaled map location and graphic plotting only. 4. _X Gross land area (and other areas if specified by the client). 5. Vertical relief with the source of information (e.g., ground survey, aerial map), contour interval, datum, and originating benchmark identified. 6. (a) If set forth in a zoning report or letter provided to the surveyor by the client, list the current zoning classification, setback requirements, the height and floor space area restrictions, and parking requirements. Identify the date and source of the report or letter. (b) If the zoning setback requirements are set forth in a zoning report or letter provided to the surveyor by the client, and if those requirements do not require an interpretation by the surveyor, graphically depict the building setback requirements. Identify the date and source of the report or letter. 7. _X (a) Exterior dimensions of all buildings at ground level. (b) Square footage ok _X (1) exterior footprint of all buildings at ground level. (2) other areas as specified by the client. _X (c) Measured height of all buildings above grade at a location specified by the client. If no location is specified, the point of measurement shall be identified. 8. X Substantial features observed in the process of conducting the fieldwork (in addition to Page 1 of 3 Copyright 2016. All rights reserved.AMI RICAN fir' LAND III I.1: American Land Title Association and NS PS A110CIAHON National Society of Professional Surveyors r, the improvements and features required pursuant to Section 5 above) (e.g., parking lots, billboards, signs, swimming pools, landscaped areas, substantial areas of refuse). 9. _X Number and type (e.g., disabled, motorcycle, regular and other marked specialized types) of clearly identifiable parking spaces on surface parking areas, lots and in parking structures. Striping of clearly identifiable parking spaces on surface parking areas and lots. 10. (a) As designated by the client, a determination of the relationship and location of certain division or party walls with respect to adjoining properties (client to obtain necessary permissions). (b) As designated by the client, a determination of whether certain walls are plumb (client to obtain necessary permissions). 11. _X Location of utilities existing on or serving the surveyed property as determined by: • observed evidence collected pursuant to Section 5.E.iv. • evidence from plans requested by the surveyor and obtained from utility companies, or provided by client (with reference as to the sources of information), and • markings requested by the surveyor pursuant to an 811 utility locate or similar request Representative examples of such utilities include, but are not limited to: • Manholes, catch basins, valve vaults and other surface indications of subterranean uses; • Wires and cables (including their function, if readily identifiable) crossing the surveyed property, and all poles on or within ten feet of the surveyed property. Without expressing a legal opinion as to the ownership or nature of the potential encroachment, the dimensions of all encroaching utility pole crossmembers or overhangs; and • Utility company installations on the surveyed property. Note to the client, insurer, and lender - With regard to Table A, item 11, source information from plans and markings will be combined with observed evidence of utilities pursuant to Section 5.E.iv. to develop a view of the underground utilities. However, lacking excavation, the exact location of underground features cannot be accurately, completely, and reliably depicted. In addition, in some jurisdictions, 811 or other similar utility locate requests from surveyors may be ignored or result in an incomplete response, in which case the surveyor shall note on the plat or map how this affected the surveyor's assessment of the location of the utilities. Where additional or more detailed information is required, the client is advised that excavation and/or a private utility locate request may be necessary. 12. As specified by the client, Governmental Agency survey -related requirements (e.g., HUD surveys, surveys for leases on Bureau of Land Management managed lands). 13. _X Names of adjoining owners according to current tax records. If more than one owner, identify the first owner's name listed in the tax records followed by `et al." Page 2 of 3 Copyright 2016. All rights reserved.e e� fit AMIi HICAN .� "' LAND 11 ILE American Land Title Association and PS ^' N S SO"ATION National Society of Professional Surveyors f 366 EXHIBIT B 14. _X As specified by the client, distance to the nearest intersecting street. 15. Rectified orthophotography, photogrammetric mapping, remote sensing, airborne/mobile laser scanning and other similar products, tools or technologies as the basis for the showing the location of certain features (excluding boundaries) where ground measurements are not otherwise necessary to locate those features to an appropriate and acceptable accuracy relative to a nearby boundary. The surveyor shall (a) discuss the ramifications of such methodologies (e.g., the potential precision and completeness of the data gathered thereby) with the insurer, lender, and client prior to the performance of the survey, and (b) place a note on the face of the survey explaining the source, date, precision, and other relevant qualifications of any such data. 16. _X Evidence of recent earth moving work, building construction, or building additions observed in the process of conducting the fieldwork. 17. _X Proposed changes in street right of way lines, if such information is made available to the surveyor by the controlling jurisdiction. Evidence of recent street or sidewalk construction or repairs observed in the process of conducting the fieldwork. 18. X If there has been a field delineation of wetlands conducted by a qualified specialist hired by the client, the surveyor shall locate any delineation markers observed in the process of conducting the fieldwork and show them on the face of the plat or map. If no markers were observed, the surveyor shall so state. 19. _X Include any plottable offsite (i.e., appurtenant) easements or servitudes disclosed in documents provided to or obtained by the surveyor as a part of the survey pursuant to Sections 5 and 6 (and applicable selected Table A items) (client to obtain necessary permissions). 20. _X Professional Liability Insurance policy obtained by the surveyor in the minimum amount of $ to be in effect throughout the contract term. Certificate of Insurance to be furnished upon request, but this item shall not be addressed on the face of the plat or map. 21. Adopted by the Board of Governors, American Land Title Association, on October 8, 2015. American Land Title Association, 1800 M St., N. W, Suite 300S, Washington, D.C. 20036-5828. www. alta.org Adopted by the Board of Directors, National Society of Professional Surveyors, on October 9, 2015. National Society of Professional Surveyors, Inc., 5119 Pegasus Court, Suite Q, Frederick, MD 21704. http://Www.nsps.us.corn/ Page 3 of 3 Copyright 2016. All rights reserved. American Land Title Association and National Society of Professional Surveyors 1M 8- AMERICAN LAND II I I. t: NS PS All"CIAI,ON BRH Bush Roed & Hitchings, Inc. VIA EMAIL October 24, 2017 Carrie Holmes Axis Planning & Development, LLC 1529 Western Avenue Seattle, WA 98101 Proposed Land Survey Services - ALTA Survey - Site PW5 Parcel no's: 0923049411, 0923049152, 1023049059, 0923049387 & 1023049056 Vicinity of International Blvd & E Marginal Way Tukwila, WA 98168 Dear Ms. Holmes, We look forward to providing you with land title survey services at the site referenced above. (See Exhibit "A"). Please note that our proposed scope of work is based upon decades of BRH experience with ALTA surveys. Title Report Our survey will be conducted based on a Title Report furnished by your office. Specifications Our survey will be performed per ALTA/NSPS Land Title Survey Standards, 2016, Table A Items 2, 3, 4, 7a, 7b1, 7c, 8, 9, 11, 13, 14, 16, 17, 18, 19 and 20 (See Exhibit "B"). Please forward any lender/client survey specifications, if applicable. Please forward the names of the entities to whom the survey is to be certified. Zoning Report Please note that if Table A, item 6a or 6b is required, we will need to be provided with a zoning report. Adding these items may also affect our fee. BRH - Land Surveyors & Civil Engineers 2009 Minor Avenue East, Seattle, WA 98102-3513 Phone: (206) 323-4144 / (800) 935-0508, Fax: (206) 323-7135, Internet: www.brhinc.com Exhibit D O AXIS PLANNING & DEVELOPMENT, LLC Carrie Holmes October 24, 2017 Page 2 Fees BRH, Inc. Our fee to provide this service is $28,000. Expense items, such as parking fees, tolls, printing charges and delivery fees will be billed at our cost plus 15% in addition to the above fee for our services. The terms of this proposal are valid for 60 days. Deliverables The final ALTA drawing will be prepared for you in AutoCAD. Stamped and signed documents will be delivered. Please provide a distribution list for the final delivery of the survey. Delivery Schedule We will complete and deliver the final drawing within 30 business days of a signed authorization to proceed. Professional Responsibility for Reliability and Accuracy All ALTA surveys are not equal — accurate and reliable data prevents delays that cost you money We Offer Reliability: The survey we will provide to you will be based on actual, on -the -ground, field measurements and observations. We will NOT: 1) rely on mapping obtained by a 3rd party 2) copy or trace existing mapping by others 3) utilize internet-based mapping We Meet Professional Standards: What you will get from BRH will comply with National ALTA/NSPS standards and Washington State law. BRH certifies that all mapping information presented in your survey will be solely the work of BRH personnel, based on information acquired on-site by BRH personnel and record information researched by BRH personnel. Insurance The activities of Bush, Roed & Hitchings, Inc. are insured for both commercial general liability and professional liability. Commercial general liability limit is $1,000,000 per occurrence and $2,000,000 in the aggregate. Professional liability limit of coverage is $2,000,000. We always encourage our clients to request a Certificate of Insurance — something we will provide to you upon request. 370 AXIS PLANNING & DEVELOPMENT, LLC Carrie Holmes October 24, 2017 Page 3 BRH, Inc. Thank You We appreciate the opportunity to submit this proposal to you, and we look forward to working with you on this project. Sincerely, BUSH, ROED & HITCHINGS, INC. Thomas E. Carner, P.L.S. Survey Project Manager TEC/caj Enclosure ACCEPTED BY: AXIS PLANNING & DEVELOPMENT, LLC Printed Name: Signature:_ Title: Date: Summary We have prepared many thousands of ALTA surveys. And we have found the best way to commence services is to clarify responsibilities. We will ask you to provide: a. Your signed and dated acceptance (above) — within 60 days of the date of this proposal. b. A Title Report — receiving this, and the information noted below, as soon as possible, will be the key to the timely completion of your ALTA survey. c. Any applicable lender/client survey specifications. d. Name of entities to whom the survey will be certified. e. A Distribution List for the documents. BRH will provide: a. A Certificate of Insurance, upon your request. b. An accurate and reliable ALTA survey, based upon on -the -ground observations, and applicable ALTA/NSPS Standards and Washington State law. 371 Exhibit "A" King County Ma �i, lilll I f ' �✓ �� �' t { 111 tcru l� � x,• ,,0x923 0 49 15 2 w '�"��� n t.1���4��I � �lul rl it ,�ki3 Pci The nformadon included on this map has been compied by King County stafffrom a variety of sources and is subject to change vithout notice. Kng County makes ro relxesentabons or vena hires, express o r implied, as to accura cy, completeness, timeliness, or rights to the use of such information. Tins document is rot intended for use as a survey produd. Kng County shall not be lahle far any general, special, ndrect, incidental, or consequential damages treludng, but not limited to, lost revenues or lost profits rest, ting from the use or msuse of the information contained on this map.My sale d this map orinformatian on this map is prohioRed _a rpt b/ written perrrission of King County. Dale: 10/24/2017 Notes: 372 LQ King County GIS CENTER EXHIBIT B TABLE A OPTIONAL SURVEY RESPONSIBILITIES AND SPECIFICATIONS NOTE: T. e twenty (20) items of Table A may be negotiated between the surveyor and client. Any additional items negotiated between the surveyor and client shall be identified as 21(a), 21(b), etc. and explained pursuant to Section 6.D.ii.(g). Notwithstanding Table A Items 5 and 11, if an engineering design survey is desired as part of an ALTA/NSPS Land Title Survey, such services should be negotiated under Table A, Item 21. If checked, the following optional items are to be included in the ALTA/NSPS LAND TITLE SURVEY, except as otherwise qualified (see note above): 1. Monuments placed (or a reference monument or witness to the corner) at all major corners of the boundary of the property, unless already marked or referenced by existing monuments or witnesses in close proximity to the corner. 2. _X Address(es) of the surveyed property if disclosed in documents provided to or obtained by the surveyor, or observed while conducting the fieldwork. 3. _X Flood zone classification (with proper annotation based on federal Flood Insurance Rate Maps or the state or local equivalent) depicted by scaled map location and graphic plotting only. 4. _X Gross land area (and other areas if specified by the client). 5. Vertical relief with the source of information (e.g., ground survey, aerial map), contour interval, datum, and originating benchmark identified. 6. (a) If set forth in a zoning report or letter provided to the surveyor by the client, list the current zoning classification, setback requirements, the height and floor space area restrictions, and parking requirements. Identify the date and source of the report or letter. (b) If the zoning setback requirements are set forth in a zoning report or letter provided to the surveyor by the client, and if those requirements do not require an interpretation by the surveyor, graphically depict the building setback requirements. Identify the date and source of the report or letter. _X (a) Exterior dimensions of all buildings at ground level. (b) Square footage of., _X (1) exterior footprint of all buildings at ground level. (2) other areas as specified by the client. X_ (c) Measured height of all buildings above grade at a location specified by the client. If no location is specified, the point of measurement shall be identified. 8. X Substantial features observed in the process of conducting the fieldwork (in addition to Page 1 of 3 P `'n Copyright 2016. All rights reserved. V AMERICAN LAND 1111.1: American Land Title Association and NS PS A1SOCIA(loN National Society of Professional Surveyors 373 WAC : the improvements and features required pursuant to Section 5 above) (e.g., parking lots, billboards, signs, swimming pools, landscaped areas, substantial areas of refuse). 9. _X Number and type (e.g., disabled, motorcycle, regular and other marked specialized types) of clearly identifiable parking spaces on surface parking areas, lots and in parking structures. Striping of clearly identifiable parking spaces on surface parking areas and lots. 10. (a) As designated by the client, a determination of the relationship and location of certain division or party walls with respect to adjoining properties (client to obtain necessary permissions). (b) As designated by the client, a determination of whether certain walls are plumb (client to obtain necessary permissions). 11. X Location of utilities existing on or serving the surveyed property as determined by: • observed evidence collected pursuant to Section 5.E.iv. • evidence from plans requested by the surveyor and obtained from utility companies, or provided by client (with reference as to the sources of information), and • markings requested by the surveyor pursuant to an 811 utility locate or similar request Representative examples of such utilities include, but are not limited to: Manholes, catch basins, valve vaults and other surface indications of subterranean uses; • Wires and cables (including their function, if readily identifiable) crossing the surveyed property, and all poles on or within ten feet of the surveyed property. Without expressing a legal opinion as to the ownership or nature of the potential encroachment, the dimensions of all encroaching utility pole crossmembers or overhangs; and • Utility company installations on the surveyed property. Note to the client, insurer, and lender - With regard to Table A, item 11, source information from plans and markings will be combined with observed evidence of utilities pursuant to Section 5.E.iv. to develop a view of the underground utilities. However, lacking excavation, the exact location of underground features cannot be accurately, completely, and reliably depicted. In addition, in some jurisdictions, 811 or other similar utility locate requests from surveyors may be ignored or result in an incomplete response, in which case the surveyor shall note on the plat or map how this affected the surveyor's assessment of the location of the utilities. Where additional or more detailed information is required, the client is advised that excavation and/or a private utility locate request may be necessary. 12. As specified by the client, Governmental Agency survey -related requirements (e.g., HUD surveys, surveys for leases on Bureau of Land Management managed lands). 13. _X Names of adjoining owners according to current tax records. If more than one owner, identify the first owner's name listed in the tax records followed by "et al." Copyright 2016. All rights reserved. American Land Title Association and National Society of Professional Surveyors 374 Page 2 of 3 ICAN AN L,ANI I I Lli LD NSPS AS50CINION 14. _X As specified by the client, distance to the nearest intersecting street. 15. Rectified orthophotography, photogrammetric mapping, remote sensing, airborne/mobile laser scanning and other similar products, tools or technologies as the basis for the showing the location of certain features (excluding boundaries) where ground measurements are not otherwise necessary to locate those features to an appropriate and acceptable accuracy relative to a nearby boundary. The surveyor shall (a) discuss the ramifications of such methodologies (e.g., the potential precision and completeness of the data gathered thereby) with the insurer, lender, and client prior to the performance of the survey, and (b) place a note on the face of the survey explaining the source, date, precision, and other relevant qualifications of any such data. 16. _X Evidence of recent earth moving work, building construction, or building additions observed in the process of conducting the fieldwork. IT _X Proposed changes in street right of way lines, if such information is made available to the surveyor by the controlling jurisdiction. Evidence of recent street or sidewalk construction or repairs observed in the process of conducting the fieldwork. 18. X If there has been a field delineation of wetlands conducted by a qualified specialist hired by the client, the surveyor shall locate any delineation markers observed in the process of conducting the fieldwork and show them on the face of the plat or map. If no markers were observed, the surveyor shall so state. 19. _X Include any plottable offsite (i.e., appurtenant) easements or servitudes disclosed in documents provided to or obtained by the surveyor as a part of the survey pursuant to Sections 5 and 6 (and applicable selected Table A items) (client to obtain necessary permissions). 20. _X Professional Liability Insurance policy obtained by the surveyor in the minimum amount of $ to be in effect throughout the contract term. Certificate of Insurance to be furnished upon request, but this item shall not be addressed on the face of the plat or map. 21. Adopted by the Board of Governors, American Land Title Association, on October 8, 2015. American Land Title Association, 1800 M St., N. W, Suite 300S, Washington, D.C. 20036-5828. www. alta. orq Adopted by the Board of Directors, National Society of Professional Surveyors, on October 9, 2015, National Society of Professional Surveyors, Inc., 5119 Pegasus Court, Suite Q, Frederick, MD 21704. http://Www.nsps.us. com/ Page 3 of 3 Copyright 2016. All rights reserved. American Land Title Association and National Society of Professional Surveyors 375 AMERICAN LAND I I I L1. N5 PS A SOCIA ON r-- 375 376 City of Tukwila Contract Number: • ' , 6200 Southcenter Boulevard, Tukwila WA 98188 CONSULTANT AGREEMENT FOR GEOTECHNICAL SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and Shannon & Wilson, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. Proiect Designation. The Consultant is retained by the City to perform geotechnical evaluation services for two selected sites referred to as the Justice Center Site (JC7NL), and Public Works Site (PW), in connection with the project titled Tukwila Public Safety Plan. 2. Scope of Services. The Consultant agrees to perform the services, including the provision of all labor, materials, equipment and supplies. The services would be performed in two phases. Phase 1, a preliminary geotechnical evaluation, identified on Exhibit "A," and Phase 2, a more detailed "feasibility" geotechnical evaluation, identified in Exhibit "B." Phase shall services may be initiated only by written request of the City. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2018, 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 March 31, 2018 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 Exhibit "A" and Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $40,000 (including estimated expenses) 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. 377 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. 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 use of the said documents, drawings, specifications or other materials by the City 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 defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the 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 bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: CA revised : 1-2013 378 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. 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 Automobile Liability and 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 : 1-2013 Page 3 379 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. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. 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: Martin Page, Vice President Shannon & Wilson, Inc. 400 N. 34th Street, STE 100 Seattle, WA 98103 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. CA revised : 1-2013 DATED this day of 20 CITY OF TUKWILA Allan Ekberg, Mayor CA revised : 1-2013 CONSULTANT By: Printed Name: Title: Page 5 381 SHANNON k. -Fo"! �1� ;u0t ( GFi ,;ir�,i.� e)Ni) E I�VIf<)�d ,.- N IAL C''"NS(u1(JAIi? November 7, 2017 Ms. Carrie Holmes Axis Planning & Development, LLC 1529 Western Avenue Seattle, WA 98101 RE: PROPOSAL FOR PRELIMINARY GEOTECHNICAL REVIEW FOR DUE DILIGENCE STUDY, CITY OF TUKWILA PROPERTY ACQUISITION, WASHINGTON Dear Carrie: This letter presents our scope of services and cost estimate for performing geotechnical data review, site reconnaissance, and conceptual geotechnical evaluation to develop preliminary recommendations to aid the City of Tukwila in evaluating two properties for future development as City -owned facilities. Our proposal is based on our discussions with you and our understanding of the two properties. One property is located on Tukwila International Blvd. at So. 150t" Street and is identified by the following King County parcel numbers 0041000515, 0041000514,0041000480,0041000494,0041000513,0041000516,0041000517,0041000335, and 0041000330. The second property is located on Tukwila International Blvd. adjacent to So. I I2t" Street and is identified by the following King County parcel numbers 0923049411, 0923049152, 1023049059, 0923049387, and 1023049056. Our services for the project will include the following: ■ Review geologic maps and existing geotechnical subsurface data, ■ Visit the subject properties to perform a reconnaissance and visual evaluation, ■ Provide and assessment of geotechnical design issues and geologic hazards, ■ Provide preliminary conceptual recommendations regarding design of foundations for future structures, and ■ Prepare a letter that summarizes our findings and recommendations. We are prepared to undertake the services described above on a time -and -expense basis in accordance with the enclosed Standard General Terms and Conditions. The total cost of our services is estimated to be $3,000. .grin MOR 1`� f 34 1 Sl I- T SU11, E 00 (,'X. 3' )"M3 206-632 8200 FAK 2:tr vg G777 ikI a 1.^. 0 f 1 N1; 1s 0.' 1. C o 1 21-2-65115-001 Ms. Carrie Holmes Axis Planning & Development, LLC November 7, 2017 Page 2 of 3 FA,4ANNON b, WILSON, INC. We anticipate we can complete these services within two weeks of receiving your notice to proceed. CLOSURE If this proposal is acceptable, please sign in the space provided below and return a signed copy of this proposal to serve as our contract. Alternatively, we will accept a Professional Services Agreement from the City of Tukwila and a Task Order to serve as a contract. Our report will be prepared on behalf of and for the exclusive use of the Axis Planning & Development, LCC and City of Tukwila and its design representatives. The scope of our services does not include any environmental assessment or evaluation regarding the presence or absence of wetlands, or hazardous or toxic materials in the soil, surface water, groundwater, or air on or below or around this site. However, if these conditions are suspected, Shannon & Wilson maintains a staff of engineers, geologists, and hydrogeologists that are qualified and experienced in the wetlands and hazardous waste fields. We are available to discuss these services if they are necessary. Additional general information is provided in the enclosed "Important Information About Your Geotechnical/Environmental Proposal." We appreciate the opportunity to submit this proposal and look forward to working with you on this project. Please contact me at (206) 695-6875 or NPX 1'(ir,,shanyvil.coin if you have any questions, Sincerely, SHANNON & WILSON, INC. Martin W. Page, PE, LEG Vice President Geotechnical Engineer MWP:KAP/mwp Enc: Standard General Terms and Conditions, SEA -SM -2017 (1/2017) Important Information About Your Geotechnical/Environmental Proposal 21-2-65115-001-1,IAvpl1k❑ 21-2-65115-001 m: Ms. Carrie Holmes Axis Planning & Development, LLC November 7, 2017 Page 3 of 3 SHANNON &WILSON, INC. I accept the above conditions and authorize the above work to proceed. (print) Organization 21-2-65 115-001 -L1.docx/wp/1kn - Signature Date 21-2-65115-001 Exhibit B Tuesday, November 7, 2017 at 9:11:44 PM Pacific Standard Time Subject: RE: Tukwila Property Acquisition_ Geotechnical Services Proposal Date: Tuesday, November 7, 2017 at 3:25:05 PM Pacific Standard Time From: Martin Page To: DJ Baxter CC: Kathryn Petek Hi DJ As I mentioned on the phone a moment ago, the scope and fee for a design -phase geotechnical study will depend on the building dimensions, depth of excavation, location, etc. Typical costs for geotechnical engineering reports for these projects would probably be as follows: 1. Justice Center Site ( Glacial till site) a. Subsurface borings with well installation (subcontract) - $4K to 6K [Note that these borings would be relatively shallow ] b. Field logging and coordination $1k to $2K c. Laboratory testing $1K d. Engineering and Report Preparation - $4K to $5K Public Works Site (Duwamish River alluvium/bedrock site) a. Subsurface borings with well installation (subcontract) - $8K to 10K [Note that these brings would be relatively deep because this site is underlain by thick deposits of soft alluvial sediments and bedrock at depth, based on nearby Shannon & Wilson borings done for Sound Transit] b. Field logging and coordination $2k to $3K c. Laboratory testing $2K d. Engineering and Report Preparation - $6K to $8K I hope that helps with preliminary budgeting Best regards -Martin From: Martin Page Sent: Tuesday, November 07, 2017 2:12 PM To: DJ Baxter <baxter@sojpdx.com> Cc: Kathryn Petek <KAP@shanwil.com> Subject: RE: Tukwila Property Acquisition_ Geotechnical Services Proposal Hi DJ Can you give me a call to talk about specific scope of service? -Martin SHMNON 6WILS N, INC. Martin Page, PE, LEG Vice President / Direct: (206) 695-6875 Page 1 of 2 385 COUNCIL AGENDA SYNOPSIS ----------------------------------Initials Meeting Date Prepared by Ma orf review Council review 11/13/17 RT `r-- D01 11/20/17 RT ❑ BidAivard Mt g Date ❑ Public Hearing g Date Aft ❑ Other Mt g Date SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ® PW SPONSOR'S Final design of the 53rd Ave S Residential Street Project is nearly complete. Right -of -Way is SUMMARY needed along the street in order to construct the proposed improvements. This Ordinance will provide the authority to acquire the right-of-way on seven parcels, with the most square footage from the Tukwila School District. Council is being asked to approve this Ordinance for Right -of -Way with possible condemnation, if needed. REVIEWFD BY ❑ COW Mtg. ❑ CA&P Cmte ❑ F&S Cmte ® Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 10/24/17 COMMITTEE CHAIR: KATE KRULLER RECOMMENDATIONS: SPONSOR/ADMIN. Public Works Department COMMITI'EE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE ITEM INFORMATION ITEMNO. 5.H. STAFF SPONSOR: ROBIN TISCHMAK ORIGINAL AGENDA DATE: 11/13/17 AGENDA ITEM TITI.I;: 53rd Ave S Residential Street Project Ordinance for Acquisition of Right -of -Way CATEGORY ® Discussion Mtg Date 11/13/17 ❑ Motion Mtg Date ❑ Resolution Mtg Date ® Ordinance MI Date 11/20/17 ❑ BidAivard Mt g Date ❑ Public Hearing g Date Aft ❑ Other Mt g Date SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ® PW SPONSOR'S Final design of the 53rd Ave S Residential Street Project is nearly complete. Right -of -Way is SUMMARY needed along the street in order to construct the proposed improvements. This Ordinance will provide the authority to acquire the right-of-way on seven parcels, with the most square footage from the Tukwila School District. Council is being asked to approve this Ordinance for Right -of -Way with possible condemnation, if needed. REVIEWFD BY ❑ COW Mtg. ❑ CA&P Cmte ❑ F&S Cmte ® Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 10/24/17 COMMITTEE CHAIR: KATE KRULLER RECOMMENDATIONS: SPONSOR/ADMIN. Public Works Department COMMITI'EE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE ExPF.NI)ITURF1 RF,QUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: 103 RESIDENTIAL STREETS (PAGE 3, 2017 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/13/17 11/20/17 MTG. DATE ATTACHMENTS 11/13/17 Informational Memorandum dated 10/20/17 Draft Ordinance with Exhibits of Legal Descriptions and Maps Minutes from the Transportation & Infrastructure Committee meeting of 10/24/17 11/20/17 TO: FROM: BY: CC: DATE: ON of Tukwila Public Works Department — Bob Giberson, Director INFORMATIONAL MEMORANDUM Transportation and Infrastructure Committee Robin Tischmak, Acting Public Works Director Ryan Larson, Senior Program Manager Mayor Ekberg October 20, 2017 SUBJECT: 53rd Ave South (S 137th St — S 144th SO Project No. 99110301 Ordinance for Condemnation of Real Property ISSUE Approve Ordinance to acquire property through condemnation for the 53rd Ave South Project. Ilei %I1P►17 Allan Ekberg, Mayor The 531d Ave S Project will include constructing roadway, drainage, sidewalks, illumination, water and sewer upgrades, and undergrounding of overhead utilities between South 137th St and South 1441h St. The final design is nearly complete and additional right-of-way (ROW) is needed in order to construct the proposed improvements. ANALYSIS Right-of-way is needed at various locations along 53rd Ave S to allow the placement of utilities, retaining walls, sidewalks and storm water treatment. To date, all but two of the 15 property owners have agreed to the City's terms. The two remaining properties include a private resident and the Tukwila School District, which owns five parcels that make up the majority of Foster Park. Negotiations will continue with these two property owners, but condemnation may be necessary if negotiations fail. The acquisition details are shown in the following table with approximate property square footage: Parcel No. Owners ROW Required SF 167040-0037 Tukwila School District 853 sf 167040-0115 Tukwila School District 1,101 sf 000300-0011 South Central SCH Dist. 406 1,251 sf 000300-0010 South Central SCH Dist. 406 948 sf 000300-0010 ;South Central SCH Dist. 406 1,652 sf 167040-0020 South Central SCH Dist. 406 40 sf 167040-0145 Mark Robbins 154 sf The attached draft Ordinance provides the authority to acquire the needed property. As with previous projects that have involved acquiring additional property, the City will do everything within its power to work cooperatively with the property owners. However, should the City not be successful in these efforts, condemnation of the property would be required. Letters have been mailed to the owners notifying them of this potential condemnation and the Council's schedule for ordinance approval. FISCAL IMPACT A final purchase price has not yet been determined, but funding is available through the 53rd Ave S Projects roadway and surface water projects. RECOMMENDATION Council is being asked to approve the Ordinance authorizing acquisition of needed property for the 53rd Ave S Project and consider this item at the November 13, 2017 Committee of the Whole and subsequent November 20, 2017 Regular Meeting. attachment: Ordinance with legal descriptions and map W:1PW EngIPROJECTSIA- RW 8 RS ProjectsWrd Ave S (99110301)IDesign\ROMCondemnafionllnfo Mem Acquisifion Ordinance.dou M 390 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING AND PROVIDING FOR THE ACQUISITION OF INTERESTS IN LAND FOR THE PURPOSE OF COMPLETING THE 53RD AVENUE SOUTH ROADWAY AND SURFACE WATER DRAINAGE SYSTEM PROJECTS; PROVIDING FOR CONDEMNATION, APPROPRIATION, TAKING OF LAND AND PROPERTY RIGHTS NECESSARY THEREFOR; PROVIDING FOR PAYMENT THEREOF AND DIRECTING THE INITIATION OF APPROPRIATE PROCEEDINGS IN THE MANNER PROVIDED BY LAW AND FOR SAID CONDEMNATION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on December 5, 2016, the City Council adopted the 2017-2022 Capital Improvement Program (CIP), by Resolution No. 1901; and WHEREAS, the City of Tukwila has approved Capital Improvement Projects titled "53rd Ave S (S 137th St — S 144th St)" and "53rd Ave S Surface Water Drainage System" (hereafter, the "Projects") that call for construction of roadway and surface water improvements including curb, gutter, sidewalk, utility undergrounding, surface water detention and water quality, and illumination; and WHEREAS, the existing roadway right-of-way width of 40 feet is not sufficient to allow for the required roadway and utility improvements; and WHEREAS, after several months of negotiation, the City and property owners were unable to reach an agreement for the required property; and WHEREAS, the City Council has found that the public health, safety, necessity and convenience demand that the Projects be undertaken at this time, and that in order to carry out the Projects it is necessary at this time for the City to acquire interests and rights to the property described herein; and W: Word Processing\OrdinancesWcquisition for 53rd Ave S Projects 10-16-17 Page 1 of 3 RL:bjs 391 WHEREAS, the City Council finds and declares it necessary and in the best interest of the public that interests in the land and property rights hereinafter described be condemned, appropriated, and taken for public use, subject to the making or paying of just compensation to the owners thereof in the manner provided by law; and WHEREAS, the City is authorized by RCW 35A.64.200 and Chapter 8.12 RCW to initiate eminent domain proceedings for the condemnation of the property; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. The land and property rights within the City of Tukwila, King County, Washington, located along 53rd Ave S. between S. 139th St. and S. 142nd St. and further described in the attached Exhibits A through G, are necessary for construction of the 53rd Ave S. roadway and surface water projects described above, subject to making or paying just compensation to the owners thereof in the manner provided by law. Section 2. The City of Tukwila specifically finds construction of the Projects to be a public use, specifically the construction of widening of a portion of 53rd Ave S. to accommodate new sidewalks, wider lanes, curb ramps, storm drainage facilities, and utilities. The City Council specifically finds construction of the Projects to be necessary, and in the best interests of the citizens. Section 3. The cost and expense of acquiring said property rights shall be paid from the 103 Residential Streets and 412 Storm Water Funds of the City of Tukwila and from other monies applicable thereto that the City may have available or may obtain. The Director of the Public Works Department or his designee is hereby authorized to negotiate with and make offers to the owners of said land or property for the purposes of making or paying just compensation, and to approve the payment of just compensation as negotiated with said owners or as ordered by the Court. Section 4. In the absence of negotiated purchases with the affected property owners, the City Attorney is hereby authorized and directed to undertake proceedings provided by law to condemn, appropriate, and take the property necessary to carry out the provisions of this ordinance. The City Attorney is further authorized to approve and enter into any and all such agreements, stipulations, and orders necessary to carry out the provisions of this ordinance, including for the payment of just compensation as agreed to with the property owners, or as ordered by the Court. Section 5. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. W: Word Processing\Ordinances\Acquisition for 53rd Ave S Projects 10-16-17 Page 2 of 3 RL:bjs 392 Section 6. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 7. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2017. ATTEST/AUTH E NTI CATE D: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk:_ Passed by the City Council: Published: Effective Date: Ordinance Number: Attachments: Exhibit A – Parcel No. 167040-0037: Take Legal Description and Map— Sidewalk and Utility Easement Exhibit B – Parcel No. 167040-0115: Take Legal Description and Map— Sidewalk and Utility Easement Exhibit C – Parcel No. 000300-0011: Take Legal Description and Map— Sidewalk and Utility Easement Exhibit D – Parcel No. 000300-0010: Take Legal Description and Map— Sidewalk and Utility Easement Exhibit E – Parcel No. 000300-0010: Take Legal Description and Map— Utility Easement Exhibit F – Parcel No. 167040-0020: Take Legal Description and Map— Sidewalk and Utility Easement Exhibit G – Parcel No. 167040-0145: Take Legal Description and Map— Sidewalk and Utility Easement W: Word Processing\Ordinances\Acquisition for 53rd Ave S Projects 10-16-17 RL:bjs Page 3 of 3 394 EXHIBITA- PARCEL NO. 167040-0037 lql1 x THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL 'A", DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL "A", SAID CORNER BEING ON THE WESTERL Y MARGIN OF 53 11D AVENUE SOUTH; THENCE ALONG SAID WESTERLY MARGIN SOUTH 01'35'18" WEST, 224.94 FEET TO THE SOUTH LINE OF SAID PARCEL "A"; THENCE NORTH 89'03'34" WEST ALONG SAID SOUTH LINE, 2.00 FEET TO A LINE THAT IS 2.00 FEET WEST OFAND PARALLEL WITH SAID WESTERLY MARGIN; THENCE NORTH 01'35'18" EAST ALONG SAID PARALLEL LINE, 171.29 FEET,' THENCE NORTH 88" 24'42" WEST, 13.00 FEET TO A LINE THAT IS 15.00 FEET WEST OF AND PARALLEL WITH SAID WESTERLY MARGIN; THENCE NORTH 01'35'18" EAST ALONG SAID PARALLEL LINE, 31.00 FEET- THENCE EETTHENCE SOUTH 88'24'42" EAST, 13.00 FEET TO A LINE THAT IS 2.00 FEET WEST OF AND PARALLEL WITH SAID WESTERLY MARGIN; THENCE NORTH 01'35'18" EAST ALONG SAID PARALLEL LINE, 22.65 FEET TO THE NORTH LINE OF SAID PARCEL `A"; THENCE SOUTH 88'48'30" EAST ALONG SAID NORTH LINE, 2.00 FEET TO THE POINT OF BEGINNING; CONTAINING 853 SQUARE FEET, MORE OR LESS. PARCEL "A".- (PER A":(PER TICOR TITLE COMPANY ORDER NO. 70064112, JANUARY 6, 2017) THE EAST 74 FEET OF THE NORTH 77.4 FEET OF LOT 4; LOT 9, EXCEPT THE SOUTH 70 FEET THEREOF; LOT 10; ALL IN BLOCK 1, COLEGROVE'S ACRE TRACTS, AN ADDITION TO THE CITY OF SEATTLE, ACCORDINGTO THE PLAT THEREOF RECORDED IN VOLUMEI i OF PLATS, PAGE 85, IN KING COUNTY, WASHINGTON. r, -n i � _ I ^ , 16. 167040-0037 ESMT. DOCX Page 1 of 1 1ACOMA q'AlT1-1, ,c v SW 1/4, SEC. 14, T. 23 N., R. 4 E., W.M. � I � - 2.00' --,,,-POB PROPERTY LINE22.65' 20' - ROW 140Th ST 13.00' - 2.00' SIDEWALK AND UTILITY EASEMENT o AREA = 853 S.F.f �' 15.00' ,-- w _ I 1300 Iz r TAX LOT NUMBER Q� 167040-0037 N � N 0 I C7 (N � � I2.00' ff w LLJ I �o I ca iVi N.T.S. z I — — X w I 2.00 DATE: 07/20/2017 FILE: 16, 167040-0037 ESMT.DWG EXHIBIT Ik 7539NA N2582Je(I'-" PARCEL 167040-0037 &-&1 . WA 98109 Tacoma, l 98402 (206,286,040 (253)627-0720 SIDEWALK AND UTILITY EASEMENT Y.W. g.tom 396 EXHIBIT 15 PARCEL NO. 167040-0115 SIDEWALK AND UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A", DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL "A", SAID CORNER ALSO BEING THE INTERSECTION OF THE SOUTHERLY MARGIN OF SOUTH 139TH STREET AND WESTERLY MARGIN OF 53RD AVENUE SOUTH; THENCE SOUTH 01 ° 35'18" WEST ALONG SAID WESTERLY MARGIN, 147.47 FEET TO THE SOUTH LINE OF SAID PARCEL "A"; THENCE NORTH 88'40'53" WEST ALONG SAID SOUTH LINE, 2.00 FEET,• THENCE NORTH 01 ° 35'18" EAST, 68,65 FEET,' THENCE NORTH 880 24' 42"WEST, 14.00 FEET - THENCE NORTH 01 ° 35' 18"EAST, 31.00 FEET; THENCE SOUTH 8B'24'42" EAST, 14.00 FEETTHENCE NORTH 01'35'18" 1°35'18" EAST, 15.53 FEET' THENCE NORTH 88'24'42" WEST, 1.50 FEET - THENCE NORTH 01'35'18" EAST, 14.55 FEET' THENCE NORTH 45'48'28" WEST, 14.35 FEET,• THENCE NORTH 88'33'21 " WEST, 23.52 FEET,• THENCE NORTH 01'26'39" EAST, 8.00 FEET TO SAID SOUTHERLY MARGIN; THENCE SOUTH 88° 33'21 " EAST ALONG SAID SOUTHERLY MARGIN, 37.60 FEET TO THE POINT OF BEGINNING; CONTAINING 1101 SQUARE FEET, MORE OR LESS. PARCEL 'A": (PER TICOR TITLE COMPANY ORDER NO. 70064113, DATED JANUARY 6, 2017) LOT 12, BLOCK 1, COLEGROVE'S ACRE TRACTS, AN ADDITION TO THE CITY OF SEATTLE, ACCORDING TO THE PLAT THEREOF RECORDED INVOLUME 11 OF PLATS, PAGE 85, INKING COUNTY, WASHINGTON. �p�ZEL ,r -p0 C) -/28/201`�- 19. 167040-0115 ESMT.DOCX Page 1 of 1 1"AC:OMA• SFATTLC ,GWA SW 1/4, SEC. 14, T. 23 N., R. 4 E., W.M. EXISTING RIGHT OF WAY _ EXISTING RIGHT OF WAY � L S 88'33'21" E — °° � S 139TH ST 37.60' POB EXISTING RIGHT OF WAY 20' � — 8,00'—/ ROW 23.52' 14.35'tn W I I1.50' 15.53' z 14.00' N.T.S. CD } I SIDEWALK AND UTILITY EASEMENT AREA = 1101 S.F.t cr I 14.00 TAX LOT NUMBER c� 167040-0115 X W 0� (D W • } > QI O CD PROPERTY LINE z V) zl 1= 2.00' N X "' X IW I W I DATE: 07/28/2017 FILE: 19, 167040-0115 ESMT.DWG EXHIBIT 753111AveN 250ZJeM'lA" PARCEL 167040-0115 Seeltla, WA 98169 T.,.,WA 98402 (2 (253(627.0720 SIDEWALK AND UTILITY EASEMENT mil EXHIBIT Cw PARCEL NO. 000300-0011 SIDEWALK AND UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL 'A", DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND THE SOUTH LINE OF STEPHEN FOSTER DONATION LAND CLAIM; THENCE SOUTH 88° 33' 21 " EAST ALONG SAID SOUTH LINE, 535.99 FEET TO THE SOUTHERLY PROLONGATION OF THE WESTERLY MARGIN OF 53HD AVENUE SOUTH; THENCE NORTH 01'03'21" EAST ALONG SAID SOUTHERLY PROLONGATION, 20.00 FEET TO THE NORTHERLY MARGIN OF SOUTH 139TH STREET AND THE TRUE POINT OF BEGINNING; THENCE NORTH 01 ° 03' 21 " EAST ALONG SAID WESTERLY MARGIN, 229.84 FEET TO THE NORTHERLY LINE OF SAID PARCEL 'A"; THENCE NORTH 88037'51" WEST ALONG SAID NORTHERLY LINE, 5.00 FEET TO ALINE THAT 1S 5.00 FEET WEST OF AND PARALLEL WITH SAID WESTERLY MARGIN; THENCE SOUTH 01'03'21" WEST ALONG SAID PARALLEL LINE, 223.84 FEET, - THENCE NORTH 88'33'21 "WEST, 17.00 FEET,' THENCE SOUTH 01'03'21" WEST, 6.00 FEET TO SAID NORTHERLY MARGIN; THENCE SOUTH 88" 33' 21" EAST ALONG SAID NORTHERLY MARGIN, 22.00 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 1251 SQUARE FEET, MORE OR LESS. PARCEL A": (PER TICOR TITLE COMPANY ORDER NO. 70064118, DATED JANUARY 5, 2017) THAT PORTION OF THE STEPHEN FOSTER DONATION CLAIM NO. 38 IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: A TRACT OF LAND BOUNDED ON THE NORTH BY HELD AVENUE (NOW SOUTH 138TH STREET), ON THE EAST BY 53RD AVENUE SOUTH, ON THE WEST BY COLLEGE STREET (NOW 52ND AVENUE SOUTH), AND ON THE SOUTH BY SOUTH 139TH STREET. 20.000300-0011 ESMT.DOCX Page 1 of 1 IAi-O\lA• 51 AI I H - M% SW 1/4, SEC. 14, T. 23 N., R. 4 E., W.M. 138TH ST 5.00 • 20' N.T.S. ROW 00 cl� N CV CV CV 5.00' 1 TAX LOT NUMBER 000300-0011 �.> c=�j w w w SIDEWALK AND Li o UTILITY EASEMENT ; o AREA = 1251 S.F.t cr- �, o LLJ I z z zl c~n z p 17.00' w w p w I� coTPOB U) 22.00>' �I py -c:, q� p p rel O 08 N p p M O I � POB zi �L - _ S 88'33'21" E 535.99' -� � SOUTH LINE STEPHEN FOSTER D•L.C. S 139TH ST r- - - F- DATE: 07/28/2017 FILE: 20. 000300-0011 ESMT.DWG EXHIBIT 753"'A"" 2512 1" PARCEL 000300-0011 Sat,, WA 99109 Ta cma, WA 98402 ,209,296,640 (2,58)922-0720 SIDEWALK AND UTILITY EASEMENT rrnw.kpu.roni EXHIBIT PARCEL NO. 000300-0010 SIDEWALK AND UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL 'A", DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND THE SOUTH LINE OF STEPHEN FOSTER DONATION LAND CLAIM; THENCE SOUTH 88'33'21 " EAST ALONG SAID SOUTH LINE, 555.99 FEET TO THE INTERSECTION OF SAID SOUTH LINE WITH THE CENTERLINE OF 53RD AVENUE SOUTH; THENCE NORTH 01'03'21 " EAST ALONG SAID CENTERLINE, 403.30 FEET. THENCE NORTH 88'56'39" WEST, 20.00 FEET TO POINT A", SAID POINT BEING ON THE WESTERLY MARGIN OF 53RD AVENUE SOUTH; THENCE NORTH 01'03'21 " EAST ALONG SAID WESTERLY MARGIN, 16.68 FEET TO POINT "B'; THENCE CONTINUING ALONG SAID WESTERLY MARGIN NORTH 01'03'21 " EAST, 47.12 FEET TO THE SOUTHERLY MARGIN OF SOUTH 1371h STREET,• THENCE SOUTH 88'59'4 1 " WEST ALONG SAID SOUTHERLY MARGIN, 44.50 FEET; THENCE SOUTH 01'00'19" EAST, 7.00 FEET; THENCE NORTH 88'59'41 " EAST, 28.24 FEET, THENCE SOUTH 01 ° 03'21 " WEST, 39.54 FEET,' THENCE SOUTH 88'56'39" EAST, 16.00 FEET TO POINT 'B" CONTAINING 948 SQUARE FEET, MORE OR LESS, 21. 000300-0010 ESMT. DOCX Page 1 of 2 401 TOGETHER WITH THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL `A'; DESCRIBED AS FOLLOWS: BEGINNING AT SAID POINT 'A THENCE ALONG SAID WESTERLY MARGIN SOUTH 01 ° 03'21 " WEST, 135.32 FEET TO THE NORTHERLY MARGIN OF SOUTH 138TH STREET; THENCE NORTH 88'37'51 " WEST ALONG SAID NORTHERLY MARGIN, 5.00 FEET,• THENCE NORTH 01'03'21" EAST, 107.26 FEET,' THENCE SOUTH 88'56'39" EAST, 3.00 FEET; THENCE NORTH 01'03'21 " EAST, 28.04 FEET; THENCE SOUTH 880 56'39" EAST, 2.00 FEET TO POINT 'A': CONTAINING 592 SQUARE FEET, MORE OR LESS. TOTAL EASEMENT AREA CONTAINING 1540 FEET MORE OR LESS. PARCEL 'A": (PER TICOR TITLE COMPANY ORDER NO. 70064119, DATED JANUARY 5, 2017) THAT PORTION OF THE STEPHEN FOSTER DONATION CLAIM NO. 38 IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, W M, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: A TRACT OF LAND BOUNDED ON THE NORTH BY SOUTH 137TH STREET, ON THE EAST BY 53RD AVENUE SOUTH, IN THE WEST BY COLLEGE STREET (NOW 52ND AVENUE SOUTH), AND ON THE SOUTH BY HELD AVENUE (NOW 139TH STREET). 21. 000300-0010 ESMT.DOCX Page 2 of 2 TACOMA- SFATT.E 402 N.T.S. SW 1/4, SEC. 14, T. 23 N., R. 4 E„ W.M. S 137TH ST EXISTING RIGHT OF WAY � 44.50' r 7.00'24 28.24 SIDEWALK AND UTILITY EASEMENT I I AREA = 948 S,F.t cn TAX LOT NUMBER 000300-0010 TOTAL SIDEWALK AND UTILITY EASEMENT AREA=1540 16.00 16.68'- 2, 0 0' 6.68'--•2.00' v 0 co N i 3.00' PT "B" W Q PT "A" G N 88'56'39" 20.00' SIDEWALK AND UTILITY EASEMENT AREA = 592 S.F.r S 138TH ST 5.00' ry��0 0 Z 1/9 1- Cn W C-:)-) y ( 20' W I I ROW Q I W c o � M t gun o 0 � � o POB z S 88'33'21" E 555.99' — 1 DATE: 07/31 5OUTH LINE STEPHEN FOSTER D.L.C. FILE: 21. 000300-0010 ESMT.DWG EXHIBIT 753MAve N 2502Je0wAve PARCEL 000300-0010 SaatZ WA 98108 (106) 2646,6 Tamm, WA 88401 (253(627-0710 SIDEWALK AND UTILITY EASEMENT wlqg.m„ HIM, EXHIBIT PARCEL NO. 000300-0010 UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A", DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., AND THE SOUTH LINE OF STEPHEN FOSTER DONATION LAND CLAIM; THENCE SOUTH 88'33'21 " EAST ALONG SAID SOUTH LINE, 555.99 FEET TO THE INTERSECTION OF SAID SOUTH LINE WITH THE CENTERLINE OF 53AD AVENUE SOUTH; THENCE NORTH 01'03'21 " EAST ALONG SAID CENTERLINE, 403.30 FEET,. THENCE NORTH 88'56'39" WEST, 20.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE WESTERLY MARGIN OF 53RD AVENUE SOUTH; THENCE NORTH 01'03'21 "EAST ALONG SAID WESTERLY MARGIN, 16.68 FEET,' THENCE NORTH 88'56'39" WEST, 16.00 FEET, - THENCE NORTH 01'03'21 " EAST, 27.00 FEET; THENCE NORTH 88'56'39" WEST, 1.50 FEET,, THENCE SOUTH 01'03'21 " WEST, 9.30 FEET, - THENCE SOUTH 72'40'26" WEST, 29.74 FEET,' THENCE NORTH 88'56'39" WEST 19.28 FEET, - THENCE SOUTH 01 ° 03' 21 " WEST, 25.00 FEET,, THENCE SOUTH 88'56'39" EAST, 65.00 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 1652 SQUARE FEET, MORE OR LESS. PARCEL A": (PER TICOR TITLE COMPANY ORDER NO. 70064119, DATED JANUARY 5, 2017) THAT PORTION OF THE STEPHEN FOSTER DONATION CLAIM NO. 38 IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: A TRACT OF LAND BOUNDED ON THE NORTH BY SOUTH 137TH STREET, ON THE EAST BY 53RD AVENUE SOUTH, IN THE WEST BY COLLEGE STREET (NOW 52ND AVENUE SOUTH), AND ON THE SOUTH BY HELD AVENUE (NOW 139TH STREET). A FG� .�sf,�t U l3I/Zoe 21. 000300-0010 UESMT.DOCX Page 1 of 1 GAC.O,\,VA• :,I -A F I I KIR g 1 • SW 1/4, SEC. 14, T. 23 N., R. 4 E., W.M. EXISTING RIGHT OF WAY S 137TH ST 1.50' 9.30' I o I I N.T.S. r. 16.00' ui > r28ZC,4 CDco TAX LOT NUMBER TP aLo 000300-0010 UTILITY EASEMENT N 88'56'39" AREA = 1652 S.F.t I 20.00' I Qr�, r r ( 0 I to = o z cn z w � cn X W I S 138TH ST -JI 2a' I > ROW co c: c: D N V O C) O POB z S 88'33'21" E 555.99' SOUTH LINE STEPHEN FOSTER D.L.C. DATE: 07/31/2017 FILE: 21, 000300-0010 UESMT.DWG EXHIBIT 753nAveN 25023e0e,5ooAve PARCEL 000300-0010 Sealtle,WA98f09 Tacama,WA9B402 (253)6270720 UTILITY EASEMENT %mlk661640 �wn�kpgcam g 1 • EXHIBITF PARCEL /. 167040-0020 THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL 'A", DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL "A", SAID CORNER BEING ON THE WESTERLY MARGIN OF 53AD AVENUE SOUTH; THENCE ALONG SAID WESTERLY MARGIN SOUTH 01'35'18" WEST, 20.07 FEET TO THE SOUTH LINE OF SAID PARCEL A", THENCE NORTH 88'48'30" WEST ALONG SAID SOUTH LINE, 2.00 FEET TO A LINE THAT IS 2.00 FEET WEST OF AND PARALLEL WITH SAID WESTERLY MARGIN; THENCE NORTH 01'35'18" EAST ALONG SAID PARALLEL LINE, 20.07 FEET TO THE NORTH LINE OF SAID PARCEL 'A' THENCE SOUTH 88'40'53" EAST ALONG SAID NORTH LINE, 2.00 FEET TO THE POINT OF BEGINNING; CONTAINING 40 SQUARE FEET, MORE OR LESS. PARCEL A": (PER TICOR TITLE COMPANY ORDER NO, 70067532, MARCH 9, 2017) EAST HALF OF TRACT 2, EXCEPT THE WEST 55 FEET THEREOF, AND ALL OF TRACT 11, BLOCK 1, COLEGROVE'S ACRE TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME I 1 OF PLATS, PAGE 85, IN KINGCOUNTY, WASHINGTON; EXCEPT THE EAST 100 FEET OF THE NORTH 127.4 FEET OF TRACT 11 SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON 1_:\N�0 1 z�7/2® /'� 17,167040-0020 ESMT.DOCX Page 1 of 1 8YA HIT: SW 1/4, SEC. I 14, T. 23 N., R. 4 E., W.M. I N.T.S. } w o c 2.00' n C=7 PROPERTY LINE POB "' cr — - - cD z z TAX LOT NUMBER I w 167040-0020 SIDEWALK AND UTILITY o�o EASEMENT oN o N AREA 40 S.F,f -A 2.00' S 140TH ST PROPERTY LINE f� 2.00 LU EXISTING RIGHT OF WAY ICD 0 C M ar ca z X W DATE: 07/27/2017 I FILE: 17, 167040-0020 ESMT.DWG EXHIBIT 153PAve N2502JeNemiAve PARCEL 167040-0020 Seatt e, WA 98109 Tacoma, WA 98402 (208)288.1640 (253)627-0720 SIDEWALK AND UTILITY EASEMENT uvxi.4pg.gm HIT: EXHIBIT ra PARCEL NO. 167040-0145 SIDEWALK AND UTILITY EASEMENT THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL 'A", DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL "A", SAID CORNER ALSO BEING THE INTERSECTION OF THE SOUTHERLY MARGIN OF SOUTH 140TH STREET AND EASTERLY MARGIN OF 53RD AVENUE SOUTH; THENCE SOUTH 01'35'18" WEST ALONG SAID EASTERLY MARGIN, 25.00 FEET, THENCE SOUTH 88'24'42" EAST, 5.00 FEET TO A LINE THAT IS 5.00 FEET EAST OF AND PARALLEL WITH SAID EASTERLY MARGIN; THENCE NORTH 01'35'18" EAST ALONG SAID PARALLEL LINE, 17.76 FEET TO A NON TANGENT CURVE TO THE RIGHT TO WHICH A RADIAL LINE BEARS NORTH 50° 20'45" WEST, 22.89 FEET; THENCE ALONG SAID CURVE TO THE RIGHT AN ARC DISTANCE OF 12.55 FEET TO SAID SOUTHERLY MARGIN; THENCE ALONG SAID SOUTHERLY MARGIN NORTH 88° 44'34" WEST, 15.00 FEET TO THE POINT OF BEGINNING. CONTAINING 154 SQUARE FEET, MORE OR LESS. PARCEL "A" (PER TICOR TITLE COMPANY ORDER NO. 70064114, DATED JANUARY 4, 2017) THE WEST 100 FEET OF LOT 3, BLOCK 2, COLEGROVE'S ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 85, IN KING COUNTY, WASHINGTON; EXCEPT THE SOUTH 61.2 FEET THEREOF; AND EXCEPT THE NORTH 20 FEET THEREOF FOR SOUTH 140TH STREET. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. /BREL Fo� 30, 167040-0145 ESMT.DOCX Page 1 of 1 TACOMA- SGATTLG pie SW 1/4, SEC. 14, T. 23 N., R. 4 E., W.M. S 88'44'34" E N.T.S. EXISTING RIGHT OF WAY o � N U) POB 15.00' ujy w LA_ O = R=22.89', L=12.55' CD z z Lig r= cn o x o w ui N SIDEWALK AND UTILITY EASEMENT = 154 S.F.f 5.00' TAX LOT NUMBER 167040-0145 DATE: 03/08/2017 FILE: 30. 167040-0145 ESMT,DWG EXHIBIT 7539h"eN 2502Jeff7,11, PARCEL 167040-0145 Sull,,VIA91109 T:La''A99402 (2661286,640 (253)627-0720 SIDEWALK AND UTILITY EASEMENT 410 Transportation & Infrastructure Committee Minutes..........................................................................................October24, 2017 2) Increasing the discount to 60% would cost an additional $12,745 subsidy from the City's utility ratepayers. 3) Allowing temporary assistance for a specific time period is already available. Human Services currently has $3,000 budgeted for one-time emergency assistance, which is currently appropriate for the need. No one has been denied assistance. 4) Increasing funds to Human Services could assist all of Tukwila rather than requiring a subsidy by other ratepayers. Staff is not recommending a policy change at this time, and the Committee did not give direction to pursue one of these options. Customer assistance is evaluated each time utility rates are increased, and these options can be considered in the future. DISCUSSION ONLY. D. Grant Application: Storm Water Quality Retrofit Program Staff is seeking Committee approval of a $95,000 grant application to the Washington State Department of Ecology's Water Quality Combined Financial Assistance 2019 program. If awarded, funds would be used for one year of water quality testing at Riverton, Southgate, and Gilliam creeks. Identifying and correcting water quality deficiencies will leverage the City's ability to acquire salmon restoration grant funds forfuture projects in the creeks. If the City is awarded the grant and qualifies for hardship, it will need to match 15%, or $14,250. Funds are available from the Storm Water Quality Retrofit Program. UNANIMOUS APPROVAL. E. Ordinance: Condemnation of Real Property on 53rd Avenue South Ah Staff is seeking Council approval of an ordinance that would authorize the acquisition of property from seven parcels for right-of-way requirements of the 53rd Avenue South (South 137th Street — South 144th Street) Project. Right-of-way is needed at various locations to allow the placement of utilities, retaining walls, sidewalks and storm water treatment. Staff will continue to negotiate with the property owners in an effort to avoid condemnation. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 13, 2017 COMMITTEE OF THE WHOLE. F. Neighborhood Traffic Calming Program Implementation Staff updated the Committee on progress developing an implementation plan for traffic calming features including speed cushions and radarsigns. While a citywide program is currently unfunded, a pilot project was implemented on South 160th Street to determine the effectiveness of speed cushions in conjunction with radar speed display signs. The City Council has requested that criteria be developed as residents have asked why that street was selected above others. Commonly used engineering standards for traffic calming features include speeds, traffic volume, and accidents, and other factors can include proximity to schools, lack of sidewalks, accessibility, bicycle facilities, roadway characteristics, and other considerations. The City plans to purchase two additional sets of radar signs this year which will be used for data collection. Staff estimates an annual speed cushion program will cost approximately $125,000 per yearto include two streets with five cushions each. Committee members expressed support for the creation of a list of streets ranked by the criteria and shared with the public. Chair Kruller suggested that population density be factored into the ranking, and to check to see if other cities have criteria. The Committee and staff agreed that with the additional radar speed signs, enough data can be collected to present a preliminary ranking in January. DISCUSSION ONLY. 411 412 Upcoming Meetings & Events November 2017 13th (Monday) 14th (Tuesday) 15th (Wednesday) 16th (Thursday) 17th (Friday) 18th (Saturday) Community Development & Neighborhoods Cmte., 5:30 PM (Hazelnut Conference Room) )> City CouncilHistorical Committee of the Whole Mtg., 7:00 PM (Council Chambers) > Transportation Be Infrastructure Cmte., 5:30 PM (Foster Conference Room) ➢ Tukwila International Boulevard Action Cmte, 7:00 PM (Valley View Sewer Dist., 3460 S 148th) > Arts Commission, 5:00 PM (Community Center) > Ryan Hill Neighborhood Plan Meeting, 5:00 — 7:00 PM (Community Center, Room A) > Planning Commission, 6:30 PM (Council Chambers) ➢Tukwila Society, Cancelled 20th (Monday) 21st (Tuesday) 22nd (Wednesday) 23rd (Thursday) 24th (Friday) 25th (Saturday) ➢ Public Safety Cmte, 5:30 PM (Hazelnut Conference Room)Room)for ➢ City Council Regular Mtg., 7:00 PM (Council Chambers) ➢ Finance Cmte, 5:30 PM (Hazelnut Conference Riverton Creek Work Party Join the Green Tukwila Partnership this kick-off event for restoration work along Riverton Creek. 11:00 AM— 2:00 PM (37'h Ave S and 5.128'" Street) www.forterra.org/ events. Thanksgiving Day City offices and Tukwila Community Center closed. ° " City offices and Tukwila Community Center closed. Tukwila Int'l. Blvd. Action Cmte's Trash Pickup Day 9:00 — 10:00 AM For location or information contact Sharon Mann 206-200-3616 ➢ Arts Commission: 3rd Wed., 5:00 PM, Tukwila Community Center. Contact Tracy Gallaway at 206-767-2305. ➢ Civil Service Commission: 1st Mon., 5:00 PM, Human Resources Conf. Room. Contact Sara Valdez at 206-431-2187. ➢Community Development and Neighborhoods Committee: 2nd & 4th Mon., 5:30 PM, Hazelnut Conf. Room. Contact Laurel Humphrey at 206-433-8993. (A) A resolution for the 2018 Legislative Agenda and a legislative session preview. (B) An ordinance amending the Tukwila Municipal Code relating to the use of REET funds. (C) An update on the design of Fire Station 51. (D) An update on the Ryan Hill Subarea Plan. (E) An update on the Mary's Place Development Agreement. > COPCAB (Community Oriented Policing Citizens Adv. Board): 2nd Thurs., 6:30 PM, Duwamish Conference Room. Contact Chris Portman at 206-431-219.7 > Equity & Social Justice Commission: 1st Thurs., 5:15 PM, Hazelnut Conf. Room. Contact Mia Navarro at 206-454-7564. Finance Committee: 1st & 3rd Tues., 5:30 PM, Hazelnut Conf. Room. Contact Laurel Humphrey at 206-433-8993. > Park Commission: 2nd Wed., 5:30 PM, Community Center. Contact Robert Eaton at 206-767-2332. >Public Safety Committee: 1st & 3rd Mon., 5:30 PM, Hazelnut Conf. Room. Contact Laurel Humphrey at 206-433-8993. ➢ Planning Commission/Board of Architectural Review: 4"' Thurs., 6:30 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206-431-3670. >Transportation and Infrastructure Committee: 2nd & 4th Tues., 5:30 PM, Foster Conf. Room Contact Laurel Humphrey at 206-433-8993. (A) NPDES — Department of Ecology's 2017-2019 Biennial Stormwater Capacity Grant Acceptance. (B) NPDES — 2017 Surface Water Management Program 2017 Survey and Assessment Results. (C) Martin Luther King Jr Way S Water main Design Consultant Selection and Agreement. (D) Riverton Creek Flapgate Removal Project Design Contract Amendment 1. (E) WSDOT Grant Acceptance for Non -Transportation Commute Trip Reduction Pilot Program 2017-2019. (F) Tukwila International Boulevard Retrofit Implementation Recommendations. (G) Interurban Ave S Final Construction Settlement Change Order No 9. >Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Valley View Sewer District. Contact Chief Linton at 206-433-1815. 413 Tentative Agenda Schedule MONTH MEETING 1- REGULAR MEETING 2 - C.O.W. MEETING 3 - REGULAR MEETING 4 - C.O.W. November 6 13 20 27 See agenda packet Appointments Special Issues cover sheet for this Confirm the reappointment Collective bargaining week's agenda: of Kimberly Walden as Municipal Court Judge. agreements Teamsters. November 13, 2017 Committee of the Consent Agenda: Whole Meeting. -Authorize the mayor to sign Amendment No. 1 to Contract with Pierce County for the Washington State Task Force 1. -Due diligence contracts related to the Public Safety Plan. -A resolution revising the previously adopted Financial Reserve policy to eliminate the effects of GASB 68 for purposed of calculating the unrestricted balances of the Enterprise Funds, and repealing Resolution No. 1861. Unfinished Business: -Property Tax Legislation. -An ordinance adopting an amended 2017-2018 mid - biennium budget. -An ordinance amending the Financial Reserve Policy. -An ordinance authorizing and providing for condemnation and the acquisition of interests in land for the purpose of completing the 53rd Ave S roadway and surface water drainage systems project. 414