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HomeMy WebLinkAboutCOW 2017-04-10 Item 3C - Public Safety Plan: Fire Stations Architectural and Engineering Design with Weinstein A+U for $2,089,717COUNCIL AGENDA SYNOPSIS 1 nilials Meeting Date Prepared by Mayor's review Council review 04/10/17 BG b L IK 04/17/17 BG Motion Date 4/17/17 ❑ Resolution A. tg £late ❑ Ordinance AItg Date IN Bid _Award ❑ Public Hearing lfIg Date ❑ Other Altg Date MIg Date Alts AN Date ITEM INFORMATION ITEM No. 3.C. 59 STAFF SPONSOR: : BOB GIBERSON ORIGINAL AGENDA DATE: 04/10/17 AGENDA ITEM I'ril i Contract for Architectural and Engineering Design Services for new Fire Stations. CA'11. ;GORY 4 Discrwssion 4/10/17 0 Motion Date 4/17/17 ❑ Resolution A. tg £late ❑ Ordinance AItg Date IN Bid _Award ❑ Public Hearing lfIg Date ❑ Other Altg Date MIg Date Alts AN Date SPONSOR ❑Council ❑<l'fayor • PIR ❑DCD ❑.F inane Fire ❑TS ■P &R ❑Police t∎ )1F ❑Court SPONSOR'S Contract with Weinstein A +U for Architectural and Engineering design services for three SUMMARY new Fire Stations as part of the Public Safety Plan. Council is being asked authorize the Mayor to sign this design contract with Weinstein A +U in the amount of $2,089,717.00. RIMY:: ED BY • C.O.W. Mtg. • CDN Comm ❑ Finance Comm. ❑ Parks Comm. COMMITTEE CHAIR: McLEOD 0 Public Safety Comm. ❑ Trans &Infrastructure DATE: 04/03/17 0 Arts Comm. ❑ Planning Comm. RECOMMENDATIONS: SPONSOR/ADMIN. Commil Public Works De•artment ►'I]C Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $2,089,717.00 $3,275,00.00 $ Fund Source: 305 FUND Comments: Public Safety Plan MTG. DATE RECORD OF COUNCIL ACTION 04/10/17 MTG. DATE ATTACHMENTS 04/10/17 Informational Memorandum dated March 31, 2017, with attachments Minutes from the Public Safety Committee meeting of 04/03/17 4/17/17 59 TO: FROM: CC: DATE: City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM Public Safety Committee Bob Giberson, Public Works Director Mayor Ekberg March 31, 2017 SUBJECT: Contract for Fire Station Architectural and Engineering Services Fire Stations 51, 52 and 54 — Public Safety Plan ISSUE The City requires the services of an architect and engineering firm for the design and programming of the three fire stations included in the Public Safety Plan. After thorough staff review of the candidate firms that responded to the City's Request for Qualifications, the City Council is being asked to approve a contract with Weinstein A +U for a contract not to exceed $2,089,717.00, which includes $1,836,451.00for the architectural /engineering basic and additional services for the three projects, and $253,266.00 for the programming phase, the site selection process assistance, fire station specialty consultant (TCA architects) and geotechnical engineering services. BACKGROUND In November of last year, the voters in Tukwila approved the City's Public Safety Bond as a part of the overall Public Safety Plan. Included in the bond is funding for three new fire stations to replace the seismically deficient and out -of -date Fire Stations 51, 52 and 54. With assistance from Shiels Obletz Johnsen (SOJ), the project management firm assisting the City in the implementation of the Public Safety Plan, staff determined that the City would reap significant benefits from hiring one architect and engineering firm for all three stations. These benefits include: • Lower costs • Streamlined processes • Ability to grow with a firm from one project to another It is important to note that, while the same firm will program and design each of the three stations, these will not be three exact same stations. In fact, the firm selected used the term "family of stations that share a similar DNA, but are different." This allows the City to ensure that each station is appropriate for the neighborhood it will inhabit. On December 14, 2016, The City issued a Request for Qualifications for architect and engineering services. Ultimately, the City received eleven proposals that were evaluated by SOJ, the City's Public Works Director, the Fire Chief and fire department personnel and the Communications and Government Relations Manager. Five firms were chosen to interview, one of which dropped out prior to the interview due to capacity issues. Four firms were ultimately interviewed and Weinstein A +U was unanimously selected (see attached composite qualification scoring sheet), by the interview panel that included the City Administrator, Public Works Director, Fire Chief, Fire Captain, SOJ representatives and the Communications and Government Relations Manager. Weinstein A +U was chosen for several reasons: 61 INFORMATIONAL MEMO Page 2 • Strength of design of previous fire stations, including stations 6, 10 and 22 in Seattle • Confidence in the proposed project manager's qualifications and ability to work with the various constituencies associated with the project, including firefighters, council, residents, City staff and other stakeholders • Experience working on public projects with tight budgets • Experience with and commitment to working with disadvantaged businesses (DBEs) and on projects that include community benefit agreements • History of working on successful General Contractor Construction Management (GCCM) projects • Recommendations from project managers on their previous projects, as well as direct conversations with firefighters who use the facilities they designed Staff also asked that Weinstein A +U reach out to TCA, another candidate interviewed by the panel to join the overall team on behalf of the City. While Weinstein A +U was the overall first choice, the panel recognized that TCA's significant expertise in constructing fire stations would be an added benefit to the City's projects. TCA has agreed to be a part of the effort as a subcontractor and they, along with all other subcontractors, such as civil engineering, landscape architecture and geotechnical engineering are included in this contract. Four of Weinstein A +U's nine subcontractors are DBEs, SOJ negotiated a not to exceed amount of $2,089,717.00. This is well within the combined design budget for the three stations of $3,275,000, The SOJ project manager, with significant experience building public projects and an architect herself, has determined this is a good value for the City and taxpayers. RECOMMENDATION Council is being asked to approve the contract for Fire Station architect and engineering services with Weinstein A +U and forward it to the next Committee of the Whole meeting on April 10.2017 and the April 17.2017 Regular Meeting. ATTACHMENTS Selection Scoring Sheet Proposed Weinstein A +U Contract, with scope and fee • Consultant Agreement • Exhibit A —AIA B101 Initial Information • Exhibit B — AIA B101 — Standard Form of Agreement • Exhibit C — AIA B202 — Programming • Exhibit D — AIA B203 — Site Evaluation and Planning • Exhibit E — AIA B252 — Interior Design Weinstein A +U Representative Work TCA Representative Work 62 City of Tukwila Public Safety Program Fire Stations 51/52/54 Architects /Engineering Firms Score Sheet s 0 J 2/8/2017 Firm Proposal Average Interview Average Total Average Rank Mackenzie 46.25 29.2 75.45 4 Weinstein AU 46 44.1 90.1 1 Schreiber Starling Whitehead 45.25 37.2 82.45 3 TCA 52 34.8 86.8 2 6.4 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIGN AND PLANNING SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City ", and Weinstein AU, LLC, hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform Architectural Design and Planning services in connection with the project titled Tukwila Fire Stations 51, 52 and 54 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibits A, B, C, D and E attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending at the completion of construction, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than December 31, 2020, unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibits B, C and D attached hereto, provided that the total amount of payment to the Consultant shall not exceed Two Million, Eighty -nine Thousand, Seven Hundred and Seventeen dollars ($2,089,717.00) without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 65 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not provided the City substantially perform its obligations under this Agreement. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any alterations to or use of the said documents, drawings, specifications or other materials on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant shall indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all injuries, damages, losses or expenses including attorney fees and litigation costs, arising out of or resulting from the negligent acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of Consultant's services, bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 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. CA revised : 1 -2013 66 Page 2 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Other Insurance Provision. The Consultant's Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self- insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. D. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. Certificates of coverage and endorsements as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. E. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political CA revised : 1 -2013 Page 3 67 affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non - Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Weinstein AU, LLC 2200 Western Avenue, Suite 301 Seattle WA 98121 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 19. Inconsistent Provisions: In the event provisions of this Agreement are inconsistent with Exhibits A, B, C, D and E, the provisions in this Agreement shall supercede those contained within Exhibits A, B, C, D and E. CA revised : 1 -2013 68 Page 4 Table of Fees — See Exhibit B, Article 11. Compensation FS 51 Basic Services FS 51 Additional Services FS 51 subtotal FS 52 / 54 Basic Services FS 52/ 54 Additional Services FS 52 / 54 subtotal Programming Phase Site Selection Test to Fit Studies $590,100 $280,186 $870,286 $615,520 $350,645 $966,165 $155,116 $98,150 Subtotal Total Fee DATED this $253,266 $2,089,717 day of , 20 CITY OF TUKWILA CONSULTANT Allan Ekberg, Mayor Attest/Authenticated: By: Printed Name: Title: Approved as to Form: City Clerk, Christy O'Flaherty Office of the City Attorney CA revised : 1 -2013 Page 5 69 70 170 ;...�-...-7;:riAA Document B101 Tm — 2007 Exhibit A initial information for the following PROJECT: (Name and location or address) Tukwila Fire Stations 51, 52 and 54 Tukwila Washington THE OWNER: (Name, legal status and address) City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 THE ARCHITECT: (Name, legal status and address) Weinstein AU LLC, Limited Liability Company dba: Weinstein A +U Architects + Urban Designers LLC 2200 Western Avenue Suite 301 Seattle, Washington 98121 This Agreement is based on the following information. (Note the disposition for the following items by inserting the requested information or a statement such as "not applicable," "unknown at time of execution" or "to be determined later by mutual agreement '% ARTICLE Al PROJECT INFORMATION § A.1.1 The Owner's program for the Project: (Identify documentation or state the manner in which the program will be developed) The City of Tukwila ( "The Owner ") is replacing three of their existing Fire Stations with new facilities on new sites. The desired program and design parameters for each station will be determined during the Programming Phase, as outlined in Exhibit C: B202 -2009. § A.1.2 The Project's physical characteristics: (Identify or describe, if appropriate, size,, location, dimensions, or other pertinent information, such as geotechnical reports; site, boundary and topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site; etc.) Fire Station 51 will be located on Parcel 9008, on the West side of the intersection of Southcenter Parkway and South 180th Street in Tukwila, Washington. The sites for Fire Stations 52 and 54 will be selected during the Site Evaluation and Planning Phase, as outlined in Exhibit D: B203 -2007. § A.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.1: (Provide total, and if known, a line item break down.) The proposed Maximum Allowable Construction Cost of each station, exclusive of sales tax but including a GC /CM contingency of 3 %, are as follows: ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document 8101TM' — 2007 Exhibit A. Copyright 0 1974. 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. Init WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent passible under the law. t This document was produced by AIA software at 15:37:33 on 03/24/2017 under Order Ne.1011297423_1 which expires on 1010112017. and is not for resale. User Notes: (1346454082) 71 1 Init. 72 Fire Station 51: Seven Million dollars ($7,000,000.00) Fire Station 52: Two Million and Nine Hundred Thousand dollars ($2,900,000.00) Fire Station 54: Three Million and Eight Hundred Thousand dollars ($3,800,000.00) In the case of market escalation substantially beyond 5% per annum, or a revision to the proposed MACC agreed to by the Owner before the end of Design Development, the Architect and Architect's consultants will adjust their fees accordingly, per Section 2.6. § A.1.4 The Owner's other anticipated scheduling information, if any, not provided in Section 1.2: The project will start immediately upon execution of the Contract with the Programming Phase. Design and Construction of Fire Station 51 will commence after the end of Programming, as will the Site Selection Phase for Fire Stations 52 and 54. Assuming the successful selection of appropriate sites, the Design and Construction of Stations 52 and 54 will follow directly after completion of the Design Phase of Station 51. It is assumed in this agreement that the Design and Construction of Stations 52 and 54 will proceed simultaneously. If the schedules for those two Stations diverge, the Architect and Architect's consultants will revise their fees accordingly. § A.1.5 The Owner intends the following procurement or delivery method for the Project: (Identify method such as competitive bid, negotiated contract, or construction management.) Construction Management § A.1.6 Other Project information: (Identify special characteristics or needs of the Project not provided elsewhere, such as environmentally responsible design or historic preservation requirements.) N/A ARTICLE A.2 PROJECT TEAM § A.2.1 The Owner identifies the following representative in accordance with Section 5.3: (List name, address and other information.) Justine Kim, AIA Shiels Obletz Johnson 800 Fifth Avenue, Suite 4130 Seattle, Washington 98104 Telephone Number: (206) 838 -3700 § A.2.2 The persons or entities, in addition to the Owner's representative, who are required to review the Architect's submittals to the Owner are as follows: (List name, address and other information.) To Be Determined § A.2.3 The Owner will retain the following consultants and contractors: (List discipline and, if known, identify them by name and address.) To Be Determined § A.2.4 The Architect identifies the following representative in accordance with Section 2.3: (List name, address and other information.) Emma Nowinski, AIA Weinstein AU, LLC dba: Weinstein A +U Architects + Urban Designers LLC 2200 Western Avenue Suite 301 Seattle, Washington 98121 AIA Document 131011" — 2007 Exhibit A. Copyright © 1974, 1978. 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved, WARNING: This AIA5 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 taw. This document was produced by AIA software at 15:37:33 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes; (1346454082) in it Telephone Number: (206) 443 -8606 Fax Number: (206) 443 -1218 § A.2.5 The Architect will retain the consultants identified in Sections A.2.5.1 and A.2.5.2, (List discipline and, if known, identfr them by name, legal status, address and other information.) § A.2.5.1 Consultants retained under Basic Services: .1 Structural Engineer Swenson Say Faget, General Corporation 2124 Third Avenue, Suite 100 Seattle, Washington 98121 Telephone Number: 206.443.6212 Fax Number: 206.443.4870 ,2 Mechanical Engineer The Greenbusch Group, Inc. 1900 West Nickerson St. Suite 201 Seattle, Washington 98119 Telephone Number: 206- 378 -0569 .3 Electrical Engineer Travis Fitzrnaurice & Associates 1200 Westlake Avenue North Suite 509 Seattle, Washington 98109 Telephone Number: 206- 285 -7228 Fax Number: 206 -285 -7294 § A.2.5.2 Consultants retained under Additional Services: .1 Fire Station Specialist Architect TCA Architecture 6211 Roosevelt Way NE Seattle, Washington 98115 Telephone Number: (206) 522 -3830 .2 Civil Engineer LPD Engineering 1932 Avenue, Suite 201 Seattle, Washington 98101 Telephone Number: (206) 725-1211 .3 Landscape Architect Swift Company 3131 Western Avenue, Suite M423 Seattle, Washington 98121 AMA Document B101TM - 2007 Exhibit A. Copyright © 1974, 1978, 1987. 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA,' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAd 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 AIR software at 15:37.33 on 03124!2017 under Order No.1011297423_1 which expires an 10/01/2017, and is not for resale. User Notes: (1346454082) 73 Init. 74 Telephone Number: (206) 632 -2038 .4 Cost Estimator The Robinson Company 101 Stewart Street, Suite 925 Seattle, Washington 98101 Telephone Number: (206) 441 -8872 .5 Geotechnical Engineer Hart Crowser, Inc. 3131 Elliott Avenue, Suite 600 Seattle, Washington 98121 Telephone Number: (206) 328 -5581 § A.2.6 Other Initial Information on which the Agreement is based: (Provide other Initial information.) This Agreement is based on the understanding that the parameters of the project, such as building program, Architect and Architect's consultant scope, and construction budget, shall be re- evaluated by the Owner at the end of the Programming Phase and this Agreement shall be modified as required to align with any revised or new parameters that emerge from that process. AIA Document B101 To — 2007 Exhibit A. Copyright 0 1974, 1978, 1987. 1947 and 2007 by The American Institute of Architects. All tights reserved. WARNING: This AIA'0 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAt Document, or any portion of ft, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:33 on 03/24/2017 under Order No. 1011297423_1 which expires on 1010112017, and is not for resale. User Notes: (1346454082) Additions and Deletions Report for AIIA® Document B iOl — 2007 Exhibit A This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it. as wet as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 15:37:33 on 03/24/2017. PAGE 1 Tukwila Fire Stations 51, 52 and 54 Tukwila Washington City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Weinstein AU LLC, Limited Liability Company dba: Weinstein A +U Architects +Urban Designers LLC 2200 Western Avenue Suite 301 Seattle, Washington 98121 The City of Tukwila ("The Owner ") is replacing three of their existing Fire Stations with new facilities on new sites. The desired program and design parameters for each station will be determined during the Programming Phase, as outlined in Exhibit C: B202 -2009. Fire Station 51 will be located on Parcel 9008, on the West side of the intersection of Southcenter Parkway and South 180th Street in Tukwila. Washington. The sites for Fire Stations 52 and 54 will be selected during the Site Evaluation and Planning Phase, as outlined in Exhibit D: B203 -2007. The proposed Maximum Allowable Construction Cost of each station, exclusive of sales tax but including a GC/CM contingency of3 %, are as follows: Fire Station 51: Seven Million dollars ($7,000,000.00) Fire Station 52: Two Million and Nine Hundred Thousand dollars ($2,900,000.00) Fire Station 54: Three Million and Eight Hundred Thousand dollars ($3,800,000.001 In the case of market escalation substantially beyond 5% per annum, or a revision to the proposed MACC agreed to by the Owner before the end of Design Development, the Architect and Architect's consultants will adiust their fees accordingly, per Section 2.6. PAGE2 Additions and Deletions Report for AIA Document B101 TM - 2007 Exhibit A. Copyright © 1974. 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAT Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:33 on 03/24/2017 under Order No_1011297423, 1 which expires on 10/01/2017, and is not for resale. User Notes: (1348454082) 75 The project will start immediately upon execution of the Contract with the Programming Phase. Design and Construction of Fire Station 51 will commence after the end of Programming, as will the Site Selection Phase for Fire Stations 52 and 54. Assuming the successful selection of appropriate sites, the Design and Construction of Stations 52 and 54 will follow directly after completion of the Design Phase of Station 51. It is assumed in this agreement that the Design and Construction of Stations 52 and 54 will proceed simultaneously. If the schedules for those two Stations diverge, the Architect and Architect's consultants will revise their fees accordingly. Construction Management N/A Justine Kim. AIA Shiels Obletz Johnson 800 Fifth Avenue, Suite 4130 Seattle, Washington 98104 Telephone Number: (206) 838 -3700 To Be Determined To Be Determined Emma Nowinski, A1A Weinstein AU. LLC dba: Weinstein A +U Architects + Urban Designers LLC 2200 Western Avenue Suite 301 Seattle, Washington 98121 Telephone Number: (206) 443 -8606 Fax Number: (206) 443 -1218 PAGE 3 Swenson Say Faget, General Corporation 2124 Third Avenue Suite 100 Seattle, Washington 98121 Telephone Number: 206.443.6212 Fax Number: 206.443.4870 The Greenbusch Group, Inc. 1900 West Nickerson St. Suite 201 Seattle, Washington 98119 Telephone Number: 206 -378 -0569 Additions and Deletions Report for AIA Document 13101m— 2007 Exhibit A. Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved, WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA, Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15.37:33 on 03/2412017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (1346454082) 76 Travis Fitzmaurice & Associates 1200 . Westlake Avenue North Suite 509 Seattle. Washington 98109 Telephone Number: 206- 285 -7228 Fax Number: 206 -285 -7294 Fire Station Specialist Architect TCA Architecture 6211 Roosevelt Way NE Seattle, Washington 98115 Telephone Number: (206) 522 -3830 .2 Civil Engineer LPD Engineering 1932 1 Avenue, Suite 201 Seattle, Washington 98101 Telephone Number: (206) 725 -1211 .3 Landscape Architect Swift Company 3131 Western Avenue, Suite M423 Seattle. Washington 98121 Telephone Number: (206) 632 -2038 .4 Cost Estimator The Robinson Company 101 Stewart Street, Suite 925 Seattle, Washington 98101 Telephone Number: (206) 441 -8872 Geotechnical Engineer PAGE 4 Hart Crowser, Inc. 3131 Elliott Avenue Suite 600 Seattle, Washington 98121 Telephone Number: (206) 328 -5581. This Agreement is based on the understanding that the parameters of the project, such as building program, Architect and Architect's consultant scope, and construction budget, shall be re- evaluated by the Owner at the end of the Programming Phase and this Agreement shall be modified as required to align with any revised or new parameters that emerge from that process. Additions and Deletions Report for AIA Document B101"' — 2007 Exhibit A. Copyright ID 1974. 1978. 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIM' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:33 on 03/24/2017 under Order No.1 01 12974 23_1 which expires on 10/01/2017, and is not for resale_ User Notes: (1346454082) 77 78 Init. 1 Document BIOITM - 2007 Standard Form of Agreement Between Owner and Architect EXHIBIT B AGREEMENT made as of the Seventeenth day of April in the year Two Thousand Seventeen (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Name, legal status, address and other information) City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 and the Architect: (Name, legal status, address and other information) Weinstein AU LLC, Limited Liability Company dba: Weinstein A +U Architects + Urban Designers LLC 2200 Western Avenue Suite 301 Seattle, Washington 98121 Telephone Number: (206) 443 -8606 Fax Number: (206) 443 -1218 for the following Project: (Name, location and detailed description) Tukwila Fire Stations 51, 52 and 54 Tukwila, Washington Programming, Site Selection, Design and Construction Contract Administration for three new Fire Stations for the City of Tukwila. The Owner and Architect agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original NA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical fine in the left margin of this document indicates where the author has added necessary Information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. A1A Document B101 TM — 2007 (formerly B151 714 - 1997j. Copyright® 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:38:24 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017. and is not For resale. User Notes: (2034923332) 79 1 Init. 80 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT EXHIBIT A INITIAL INFORMATION ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Article 1 and in optional Exhibit A, Initial Information: (Complete Exhibit A, Initial Information, and incorporate it into the Agreement at Section 13.2, or state below Initial Information such as details of the Projects site and program, Owner's contractors and consultants, Architect's consultants, Owner's budget for the Cost of the Work, authorized representatives, anticipated procurement method, and other information relevant to the Project.) Refer to Exhibit A: 13101 -2007 for Initial Information § 1.2 The Owner's anticipated dates for commencement of construction and Substantial Completion of the Work are set forth below: .1 Commencement of construction date: Fire Station 51: October 2018 Fire Station 52: December 201 .9 Fire Station 54: December 2019 .2 Substantial Completion date: Fire Station 51: December 2019 Fire Station 52: January 2021 Fire Station 54: January 2021 AIA Document B101'" — 2007 (formerly 13151T" — 1997). Copyright 43 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S, Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AA software at 15:38:24 on 03124/2017 under Order No. 1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) Init. § 1.3 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the schedule, the Architect's services and the Architect's compensation. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide the professional services as set forth in this Agreement. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. (Paragraphs deleted) ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Additional Services. § 3.1.1 The Architect shall manage the Architect's services, consult with the Owner, research applicable design criteria. attend Project meetings, communicate with members of the Project team and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution made without the Architect's approval. § 3.1.5 The Architect shall, at appropriate times, contact the governmental authorities required to approve the Construction Documents and the entities providing utility services to the Project. In designing the Project, the Architect shall respond to applicable design requirements imposed by such governmental authorities and by such entities providing utility services. § 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.2 SCHEMATIC DESIGN PHASE SERVICES § 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect's services. AIA Document 9101""' — 2001 tforrnerly 13151T" — 1997). Copyright® 1974, 1978. 1987. 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAA Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:38:24 on 03/24/2017 under Order No. 1 01 1 2974 23_1 which expires on 1010112017, and is not For resale. User Notes: (2034923332) 81 'nit 1 82 § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost of the Work, Project site, and the proposed procurement or delivery method and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project, including the feasibility of incorporating environmentally responsible design approaches. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2.4 Based on the Project's requirements agreed upon with the Owner, the Architect shall prepare and present for the Owner's approval a preliminary design illustrating the scale and relationship of the Project components. § 3.2.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner's approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital modeling. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall consider environmentally responsible design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain other environmentally responsible design services under Article 4. § 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner's program, schedule and budget for the Cost of the Work. § 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6.3 as an Additional Service outlined in Section 4.1.11, § 3.2.7 The Architect shall submit the. Schematic Design Documents to the Owner, and request the Owner's approval. § 3.3 DESIGN DEVELOPMENT PHASE SERVICES § 3.3.1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Owner's approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and such other elements as may be appropriate. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.3.2 The Architect shall update the estimate of the Cost of the Work as an Additional Service per Section 4.1.1 I. § 3.3.3 The Architect shall submit the Design Development Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner's approval. § 3.4 CONSTRUCTION DOCUMENTS PHASE SERVICES § 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that in order to construct the Work the Contractor AIA Document B101TM - 2007 (formerly B151Tr" — 1997). Copyright@ 1974, 1978, 1987. 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIM Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIM Document, or any portion 01 4, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:38:24 on 03124/2017 under Order No.1 0 1 1 2974 23_1 which eN:ires on 10/01/2017. and is not for resale User Notes: (2034923332) hill will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental authorities having jurisdiction over the Project. § 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of (1) bidding and procurement information that describes the time, place and conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. (Paragraph deleted) § 3.4.5 The Architect shall submit the Construction Documents to the Owner to be priced by the Owner's consultant and request the Owner's approval. § 3.5 BIDDING PHASE SERVICES § 3.5.1 GENERAL The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner's approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining competitive bids; (2) confirming responsiveness of bids; (3) determining the successful bid, if any and, (4) awarding and preparing contracts for construction. § 3.5.2 COMPETITIVE BIDDING § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner in bidding the Project by .1 procuring the reproduction of Bidding Documents for distribution to prospective bidders; .2 distributing the Bidding Documents to prospective bidders, requesting their return upon completion of the bidding process, and maintaining a log of distribution and retrieval and of the amounts of deposits, if any, received from and returned to prospective bidders; .3 organizing and conducting a pre -bid conference for prospective bidders;. .4 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda; and .5 organizing and conducting the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. § 3.5.2.3 The Architect shall consider requests for substitutions, if the Bidding Documents permit substitutions, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. (Paragraphs deleted) § 3.6 CONSTRUCTION PHASE SERVICES § 3.6.1 GENERAL § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201TM 2007, General Conditions of the Contract for Construction. If the Owner and Contractor modify AIA Document A201 -2007, those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. AIA Document 6101 TM - 2007 (formerly 6161 T" - 1997). Copyright ®1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This FUM' Document is protected by U.S Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIM Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:38:24 on 03/2412017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) 83 Init. 84 § 3.6.1.3 Subject to Section 4.3, the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.6.2 EVALUATIONS OF THE WORK § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous or any on -site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201 -- 2607, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.3 CERTIFICATES FOR PAYMENT TO CONTRACTOR § 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous or any on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. AIA Document B101'" — 2007 (formerly B151'" — 19971. Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This NV Document is protected by U.S. Copyright Law and International Treaties. Unauthorised reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties. and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:38 :24 on 03/24/2017 under Order No. 1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) In it. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 SUBMITTALS § 3.6,4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval. The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submitta/ schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. § 3.6.4.2 In accordance with the Architect- approved submittal schedule, the Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4.3 if the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor that bear such professional's seal and signature when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to the provisions of Section 4.3, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth in the Contract Documents the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 3.6,5 CHANGES IN THE WORK § 3.6.5.1 The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to the provisions of Section 4.3, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. § 3.6.6 PROJECT COMPLETION § 3.6.6.1 The Architect shall conduct site reviews to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion; receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor; and issue a final Certificate for Payment based upon a final site review indicating the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's site reviews shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. AJA Document B101"' — 2007 (formerly B151' — 1997). Copyright CA 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIM' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIM' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:38:24 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) 85 Init. 86 § 3.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents. § 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Additional Services only if specifically designated in the table below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. (Designate the Additional Services the Architect shall provide in the second column of the table below. In the third column indicate whether the service description is located in Section 4.2 or in an attached exhibit. If in an exhibit, identi6) the exhibit.) Additional Services Responsibility (Architect, Owner or Not Provided) Location of Service Description (Section 4.2 below or in an exhibit attached to this document and identified below) _ § 4.1.1 Programming (B202TM -2009) Architect Exhibit C § 4.1.2 Multiple preliminary designs Not Provided § 4.1.3 Measured drawings Not Provided § 4.1.4 Existing facilities surveys Not Provided § 4.1.5 Site Evaluation and Plannin B203TM -2007 Architect Exhibit D § 4.1.6 Building Information Modeling (E202"1-2008) Not Provided § 4.1.7 Civil engineering Architect Section 4.2.7 § 4.1.8 Landscape design Architect Section 4.2.8 § 4.1.9 Architectural Interior Design (B252TM -2007) Architect Exhibit E § 4,1.10 Value Analysis (B204TM- 2007) Not Provided § 4.1.11 Detailed cost estimating Architect Section 4.2.11 § 4.1.12 On -site Project Representation (B207TM -2008) Not Provided § 4.1.13 Conformed construction documents Architect Section 4.2.13 § 4.1.14 As- Designed Record drawings Not Provided § 4.1.15 As- Constructed Record drawings Not Provided § 4.1.16 Post occupancy evaluation Not Provided § 4.1.17 Facility Support Services (B210T'" -2407) Not Provided § 4.1.18 Tenant - related services Not Provided § 4.1.19 Coordination of Owner's consultants Not Provided § 4.1.20 Telecommunications /data design Not Provided § 4.1.21 Security Evaluation and Planning (B206TM -2007) Not Provided § 4.1.22 Commissioning (B21 1TM -2007) Not Provided § 4.1.23 Extensive environmentally responsible design Not Provided § 4.1.24 LEEDr`' Certifi cation (B214TM- 2012) Not Provided § 4.1.25 Fast -track design services Not Provided § 4.1.26 Historic Preservation (B205TM -2007) Not Provided § 4.1.27 Furniture. Furnishings, and Equipment Design (B253TM -2007) Not Provided § 4.1.28 Alerting and Paging Systems Design Architect Section 4.2.28 AIA Document EMI"' — 2007 (formerly B151 TM — 1997). Copyright 0 1974 1978, 1987, 1997 and 2007 by The American Institute of Architects. AJl rights reserved. WARNING: This AIA5 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA5 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This document was produced by AIA software at 15:38:24 on 03!2412017 under Order No.1011297423, 1 which expires on 10/01/2017, and is not for resaie. User Notes: (2034923332) init. § 4.1.29 Complex Building Construction Contract Administration Architect Section 4.2.28 § 4.1.30 Geotechnical Engineering Services Architect Section 4.2.30 § 4.1.31 GC/CM Coordination Services Not Provided § 4.1.32 Site Survey Not Provided § 4.1.33 Traffic Signalization Design Not Provided § 4.1.34 Traffic and Sight Distance Studies Not Provided § 4.1.35 Envelope Consulting Not Provided § 4.1,36 Hazardous Materials Documentation, Abatement or Coordination Not Provided § 4.1.37 Acoustic Consulting Not Provided § 4.2 Insert a description of each Additional Service designated in Section 4.1 as the Architect's responsibility, if not further described in an exhibit attached to this document. § 4.2.7 Civil Engineering: The analysis of current site conditions and design, coordination and documentation of site improvements, including site preparation for construction, drainage, erosion and sedimentation control, final grading and earthworks, and all vehicular hardscape to face of curb. Work also includes the evaluation of available city utility systems and the design and coordination of their connections to any new structures. § 4.2.8 Landscape Design: Design, coordination and documentation of the non - vehicular hardscape up to face of curb, planting and softscape, irrigation and site furnishings, including preliminary grading design, design and documentation of site retaining walls up to four feet high and design input for site lighting. § 4.2.11 Detailed Cost Estimating: The process of predicting the cost ofa facility through quantitative analysis of the work required by the design documents, resulting in a detailed break -down of estimated costs including total construction costs for material, labor, equipment, and general conditions. The cost estimate may be produced by a contractor as part of their pre - construction services for the Owner, or by an independent construction cost estimator experienced in estimating costs for projects similar to the Project. The Architect may rely on information within cost estimates performed during each design phase, to inform the design approach and development. § 4.2.13 Conformed Construction Documents: The Architect will update the Construction Documents to include any addenda issued during the bidding or negotiation process occurring prior to the start of construction. § 4.2.28 Alerting and Paging Systems Design: The design by the Electrical Engineer and coordination by the Architect of the Alerting and Paging systems that allow Fire Department personnel to receive and respond to emergency call outs. Elements include annunciators, lighting controls, user interface devices and the electrical infrastructure to support those systems. § 4.2.29 Complex Building Construction Contract Administration: The addition of extra manpower during the Construction Contract Administration phase to address the increased complexity and coordination needs of a building with many complex systems and coordination requirements. For the purposes of this Agreement, this extra effort will be accomplished with the addition of attendance at One (I) site meeting per month and the time of One/Eighth (1/8) of One (1) Full Time Employee for the duration of Construction. § 4.2.30 Geotechnical Engineering. Services: Review of existing historical geology and geotechnical information, if available; test borings, determinations of soil bearing values, including necessary operations for anticipating subsoil . conditions, with written reports and appropriate recommendations. § 4.3 Additional Services may be provided after execution of this Agreement, without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. AIA Document B101". — 2007 (formerly 8151 ^* — 1997), Copyright 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. AJ I rights reserved. WARNING: This AIAT' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA2 Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:38:24 on 03/2412017 under Order No.1 0 1 1 29742 3_1 which expires on 10101/2017, and is not for resale. 2 User Notes: (2034923332) 87 Init. 88 § 4.3.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the Owner's request for extensive environmentally responsible design alternatives, such as unique system designs, in -depth material research, energy modeling, or LEED4 certification; .3 Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision of codes, laws or regulations or official interpretations; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; .5 Preparing digital data for transmission to the Owner's consultants and contractors, or to other Owner authorized recipients; .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner: .7 Preparation for, and attendance at, a public presentation, meeting or hearing: .8 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .9 Evaluation of the qualifications of bidders or persons providing proposals; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or .11 Assistance to the Initial Decision Maker, if other than the Architect. § 4.3.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the Owner subsequently determines that all or parts of those services are not required, the Owner shall give prompt written notice to the Architect, and the Owner shall have no further obligation to compensate the Architect for those services: .1 Reviewing a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; .2 Responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner - provided information, Contractor- prepared coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor's proposals and supporting data, or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker; .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom; or .6 To the extent the Architect's Basic Services are affected, providing Construction Phase Services 60 days after (I) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial Completion identified in Initial Information, whichever is earlier. § 4.3.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 Two ( 2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor .2 Seventy -four ( 74 ) visits to the site by the Architect over the duration of the Project during construction of Fire Station 51, Sixty -nine ( 69 ) visits to the site by the Architect over the duration of the Project during construction of Fire Station 52 and Sixty -nine ( 69 ) visits to the site by the Architect over the duration of the Project during construction of Fire Station 54. .3 Two ( 2 ) site reviews for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 Two ( 2 ) site reviews for any portion of the Work to determine final completion AIA Document B101"' — 2007 (formerly B151' — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American institute of Architects. Ali rights reserved. WARNING: This AIA") Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:38:24 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) Init. § 43.4 If the services covered by this Agreement for Fire Station 51 have not been completed within Thirty -three ( 33 ) months of the date of this Agreement or if the services covered by this Agreement for Fire Stations 52 and 54 have not been completed within Forty -four ( 44 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility,, expandability, special equipment, systems and site requirements. Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 5.2 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect, The Owner and the Architect shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. (Paragraph deleted) § 5.6 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. § 5.7 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.8 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. § 5.10 Except as otherwise provided in this Agreement, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor and the Architect's consultants through the Architect about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify the Architect of any direct communications that may affect the Architect's services. § 5.11 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. AIA Document 8101 TM — 2007 (formerly B161"" — 1997). Copyright m 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AtAa Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:38:24 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017. and is not tor resale. User Notes: (2034923332) 89 Init. 90 The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.12 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, overhead and profit. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights -of -way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect, represent the Architect's judgment as a design professional. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment; the Contractor's methods of determining bid prices; or competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. § 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the program and scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. The Architect's estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. The Architect shall provide such services as an Additional Service under Article 4. § 6.4 If the Bidding Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, through no fault of the Architect, the Owner's budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. § 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 if the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 9.5; .4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .5 implement any other mutually acceptable alternative. § 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect, as an Additional Service under Section 4.3, shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. The Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of AIA Document B101' — 2007 (formerly BfSITM' — 1997). Copyright© 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA's Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:35:24 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) Init. Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 7.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining. altering and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub- subcontractors, and material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project. if the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of Service or following termination of this Agreement when the Architect is not in default, the Owner releases the Architect and Architect's employees and consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its employees and consultants frorn all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 GENERAL § 8.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than 6 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201 -2007, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement, except as specifically provided in Section 9.7. § 8.2 MEDIATION § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. lfsuch matter relates to or is the subject ofa lien AIA Document 8101 T" — 2007 (formerly B151 Tw — 1997). Copyright 0 1974, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAT Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:38:24 on 03/2412017 under Order No. 1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) 91 init. 92 arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. if an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box. If the Owner and Architect do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent j urisdiction. ) [ X ] Arbitration pursuant to Section 8.3 of this Agreement [ ] Litigation in a court of competent jurisdiction [ ] Other (Specify) § 8.3 ARBITRATION § 8.3.1 if the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any claim. dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement, except as specifically provided below, A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration. § 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. § 8.3.2 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof § 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 8.3.4 NO CONSOLIDATION OR JOINDER § 8.3.4.1 No arbitration arising out of or relating to this Agreement shall include, by consolidation or joinder or in any other manner, an additional person or entity not a party to this Agreement, except by written consent containing AIA Document 6101 TM - 2007 (formerly 6151T" — 1997J. Copyright 1974, 1978. 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIM' Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA' Document. or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:38:24 an 03124/2017 under Order No. 1011297423_1 which expires on 10/01/2017. and is not for resale. User Notes: (2034923332) Init. J a specific reference to the Agreement and signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitration and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction there of. (Paragraphs deleted) § 8.4 CERTIFICATE OF MERIT § 8.4.1 Before the Owner may commence litigation or arbitration against the Architect based on professional negligence or failure to perform in accordance with this Agreement, the Owner shall furnish the Architect with a report written by, and bearing the professional seal of, an architect who is licensed to practice in Washington and who has recent experience with projects similar to the Project. The report must describe in detail each respect in which the Architect, in the opinion of the author, performed negligently or breached this Agreement. Only those items described in the report may be the subject of any litigation or arbitration commenced by the Owner against the Architect. The report must be furnished to the Architect at least thirty days before the mediation called for in this Agreement is convened, and its author must, if requested by the Architect, meet with the Architect during the mediation to discuss the report. If the Owner commences litigation or arbitration without having complied with this provision, the litigation or arbitration shall, upon motion of the Architect, be dismissed, ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. lithe Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. The Architect may terminate this Agreement upon not less than thirty calendar days' written notice to the Owner for the Architect's convenience and without cause. § 9.6 In the event of termination initiated by the Owner when the Architect is not in default or in the event of termination due to the Owner's default, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 9.7. § 9.7 Termination Expenses are in addition to compensation for the Architect's services and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. § 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 1 1.9. AIA Document 8101 r"" — 2007 (formerly B151 T"' - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA* Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA* Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:38:24 on 03124!2017 under artier No.1011297423_1 which expires on 10!0112017, and is not for resale. User Notes: (2034923332) 93 init. 94 ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, except that if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201 -2007, General Conditions of the Contract for Construction. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10,7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 10,8 If the Architect or Owner receives information specifically designated by the other party as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation.) Five Hundred and Ninety Thousand and One Hundred dollars ($590,100.00) for Fire Station 51, Two Hundred and Seventy Thousand and Eight Hundred and Sixty dollars ($270,860) for Fire Station 52 and Three Hundred and Forty -four Thousand and Six Hundred and Sixty dollars ($344,660) for Fire Station 54. § 11.2 For Additional Services designated in Section 4.1, the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) F'or the Programming and Site Selection Phases: Two Hundred and Fifty -three Thousand and Two Hundred and Sixty-six dollars ($253,266,00). AIA Document 0101'' — 2007 (formerly 9151 n — 1997). Copyright 0 1974, 1978, 1987. 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This ALAI' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AiA'' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:38:24 on 03/24/2017 under Order No.. 1011297423_1 which expires on 10/0112017. and is not for resale. User Notes: (2034923332) Init. For Fire Station 51: Two hundred and Eighty Thousand, One Hundred and Eighty -six dollars ($280,186.00), which includes a reimbursables allowance of Eighteen Thousand, One Hundred and Twenty -two dollars ($18,122), or Two Percent (2 %) of the total fee amount plus a Ten Percent (l0 %) mark -up. For Fire Stations 52 and 54: Three Hundred and Fifty Thousand, Six Hundred and Forty -five dollars ($350,645.00), which includes a reimbursables allowance of Nineteen Thousand, Nine Hundred and Ninety -six dollars ($19,996.00), or Two Percent (2 %) of the total fee amount plus a Ten Percent (l0%) mark -up. § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation.) On an hourly basis per the billing rates defined in Section 11.7 § 11.4 Compensation for Additional Services of the Architect's consultants when not included in Section 11.2 or 1 1.3, shall be the amount invoiced to the Architect plus Ten percent ( 10 %), or as otherwise stated below: § 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work, the compensation for each phase of services shall be as follows: Schematic Design Phase Design Development Phase Construction Documents Phase Bidding or Negotiation Phase Construction Phase Close -out Total Basic Compensation Eighteen Twenty -five Twenty -six percent percent percent Two percent Twenty -seven percent Two one hundred percent ( ( ( ( ( i 8 efo) 25 %) 26 %) 2 27 2 100 %) 1r0) %) § 11.6 When compensation is based on a percentage of the Cost of the Work and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 11.5 based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent estimate of the Cost of the Work for such portions of the Project. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants, if any, are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below) Employee or Category Architect: Design Principal, 2017 Architect: Quality Control Principal, 2017 Architect: Project Manager, 2017 Architect: Project Architect, 2017 Architect: Design Staff, 2017 Architect: Adminstrative Staff, 2017 Rate Two Hundred dollars per hour ($200fhr) One Hundred and Fifty dollars per hour ($150/hr) One Hundred and Twenty -five dollars per hour ($1251hr) One Hundred dollars per hour (5100/hr) Seventy-five dollars per hour ($75/hr) Sixty dollars per hour ($60/hr) § 11.8 COMPENSATION FOR REIMBURSABLE EXPENSES § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: .1 Transportation and authorized out -of -town travel and subsistence; AM Document B101.11— 2007 (formerly 13151 T'" - 1997). Copyright ® 1974, 1978. 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIM Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution 17 of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:38:24 on 03/24/2017 under Order No. 1011297423_1 which expires on 10/01/2017. and is not for resale. User Notes: (2034923332) 95 Init. 96 .2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; 4 Printing, reproductions, plots, standard form documents; 5 Postage, handling and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; 7 Renderings, models, mock -ups, professional photography, and presentation materials requested by the Owner; .8 Architect's Consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and .11 Other similar Project- related expenditures. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus Ten percent ( 10 %) of the expenses incurred. § 11.9 USE OF ARCHITECT'S INSTRUMENTS OF SERVICE If the Owner terminates the Architect for its convenience under Section 9.5, or the Architect terminates this Agreement under Section 9.3, the Owner agrees to indemnify and hold harmless the Architect pursuant to Section 7.3.1. § 11.10 PAYMENTS TO THE ARCHITECT (Paragraph deleted) § 11.10.2 Unless otherwise agreed, payments for services shall he made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid Thirty 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) 12 % per annum § 11.10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: § 12.1 The Owner agrees to limit the aggregate amount of any damages and/or costs (including attorney fees and expert witness fees) that the Owner may recover against the Architect (together with its owners, officers, directors, consultants and employees) the amount of proceeds available, at the time the damages and/or costs are paid, under the Architect's insurance policy or policies applicable to the claim being made by the Owner. The types of claims to which this limitation applies include, but are not limited to, claims based on negligence, professional errors or omissions, professional malpractice, indemnity, contribution, breach of contract, breach of expressed or implied warranty and strict liability. ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. AIA Document al 01 "- 2007 (formerly B151 •" — 19971. Copyright$: 1974, 1978, 1987. 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA * Document is protected by U.S, Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIM' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:38 :24 on 03/24/2017 under Order No. 1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) In it. § 13.2 This Agreement is comprised of the following documents listed below: .1 AEA Document B10ITM -2007, Standard Form Agreement Between Owner and Architect .2 [Not used] .3 Other documents: (List other documents, 1/any, including Exhibit A, Initial Information, and additional scopes of service, if any, forming part qf the Agreement.) Exhibit A: B101 -2007 initial Information Exhibit C: B202 -2009 Programming Scope Exhibit D: 8203 -2007 Site Evaluation and Planning Scope Exhibit E: B252 -2007 Architectural Interior Design Scope This Agreement entered into as of the day and year first written above. OWNER ARCHITECT (Signature) (Signature) (Printed name and title) (Printed name and title) AIA Document B101T"— 2007 (Formerly 9151 TM — 1997). Copyright 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved, WARNING: This AIAZ Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution 19 of this AIA" Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:38:24 on 03/2412017 under Order No. 1011297423_1 which expires on 10'01/2017, and is not for resale. User Notes: (2034923332) 97 98 Additions and Deletions Report for AMAr Document Blem - 2007 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 15:38:24 on 0312412017. PAGE 1 EXHIBIT B AGREEMENT made as of the Seventeenth day of April in the year Two Thousand Seventeen City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Weinstein AU LLC, Limited Liability Company dba: Weinstein A+U Architects + Urban Designers LLC 2200 Western Avenue Suite 301 Seattle. Washington 98121 Telephone Number: (206) 443 -8606 Fax Number: (206) 443 -1218 Tukwila Fire Stations 51, 52 and 54 Tukwila, Washington Programming, Site Selection, Design and Construction Contract Administration for three new Fire Stations for the City of Tukwila. PAGE2 Refer to Exhibit A: B101 -2007 for Initial Information Fire Station 51: October 2018 Fire Station 52: December 2019 Fire Station 54: December 2019 Fire Station 51: December 2019 Fire Station 52: January 2021 Fire Station 54: January 2021 Additions and Deletions Report for AIA Document 8101 ^" - 2007 (formerly 13151 ^" — 19971. Copyright 0 1974. 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA', Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:38:24 on 03/24/2017 under Order No.1011297423_1 which expires on 1010112017, and is not for resale. User Notes: (2034923332) 99 PAGE 3 .1 General Liability .2 .Automobile -LiabiI ity .3 Workers' 4-14-olessional Liability PAGE 4 § 3,2,6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6:3 -6.3 as an Additional Service outlined in Section 41.11. § 3.3.2 The Architect shall update the estimate of the Cost of the Work. Work as an Additional Service per Section 4,1.11. PAGE 5 § 3.4.5 The Architect shall submit the Construction Documents to the e Owner's consultant and request the Owner's approval. § 3.5 AS€ SERVICESBIDDING PHASE SERVICES S weer to be priced by the The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner's approval of the Construction Documents, the Architect shall assist the Owner in (I) obtaining eit °.. mpeti ftvv or proposal, competitive bids; (2J confirming responsiveness of bids; (3) determining the successful bid, if any; and (4) awarding and preparing contracts for construction. Additions and Deletions Report for AIA Document Bi61 TM — 2007 (formerly 13151 r"4 - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: Thls AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties. and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:38:24 on 03(24(2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes; (2034923332) 100 PAGE 6 § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous or any on -site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (I) made exhaustive or continuous or any on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. PAGE 7 § 3.6.6.1 The Architect shall conduct inspeect site reviews to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion; receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor; and issue a final Certificate for Payment based upon a finalrspeetien -site review indicating the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections-site reviews shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. PAGE 8 4.1.1 Programming (B202T2009) Architect Exhibit C § 4.1.2 Multiple preliminary designs Not Provided § 4.1.3 Measured drawings Not Provided § 4.1.4 Existing facilities surveys Not Provided § 4.1.5 Site Evaluation and Planning (B203TM -2007) Architect Exhibit D § 4.1.6 Building Information Modeling (E202TM -2008) Not Provided § 4,1.7 Civil engineering Architect Section 42.7 Additions and Deletions Report for MA Document 6101 TM —2007 (formerly 13151m — 1997). Copyright D 1974, 1978. 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIM' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIM' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15'.38:24 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017. and is not for resale. User Notes: (2034923332) 101 § 4.1.8 Landscape design Architect Section 4.2.8 § 4.1.9 Architectural Interior Design (B252TM 2007) Architect Exhibit E 4.1.10 Value Analysis (B204TM -2007) Not Provided § 4.1.11 Detailed cost estimating Architect Section 4.2.11 § 4.1.12 On -site Project Representation (B207TM -2008) Not Provided § 4.1.13 Conformed construction documents Architect Section 4.2.13 § 4.1.14 As- Designed Record drawings Not Provided § 4.1.15 As- Constructed Record drawings Not Provided § 4,1,16 Post occupancy evaluation Not Provided § 4.1.17 Facility Support Services (B210TM -2007) ' Not Provided § 4.1.18 Tenant - related services Not Provided § 4.1.19 Coordination of Owner's consultants Not Provided § 4.1,20 Telecommunications /data design Not Provided § 4.1.21 Security Evaluation and Planning (13206TM -2007) Not Provided § 4.1.22 Commissioning (B21 ITM -2007) Not Provided § 4.1.23 Extensive environmentally responsible design Not Provided A 4.1.24 LEER® Certification (B214TM -2012) Not Provided § 4.1.25 Fast -track design services Not Provided § 4.1.26 Historic Preservation (B205TM -2007) Not Provided § 4.1.27 Furniture, Furnishings, and Equipment Design (B253TM- 2007) Not Provided § 4.1.28 Alerting and Paging Systems Design Architect Section 4.2.28 § 4.1.29 Complex Building Construction Contract Architect Section 4.2.28 Administration § 4.1.30 Geotechnical Engineering Services Architect Section 4.2.30 § 4.1.31 GC /CM Coordination Services Not Provided § 4.1.32 Site Survey Not Provided § 4.1.33 Traffic Signalization Design Not Provided § 4.1.34 Traffic and Sight Distance Studies Not Provided § 4.1.35 Envelope Consulting Not Provided § 4.1.36 Hazardous Materials Documentation, Not Provided Abatement or Coordination § 4.1.37 Acoustic Consulting Not Provided PAGE9 § 4.2.7 Civil Engineering: The analysis of current site conditions and design, coordination and documentation of site improvements, including site preparation for construction, drainage, erosion and sedimentation control, final grading and earthworks, and all vehicular hardscape to face of curb. Work also includes the evaluation of available city utility systems and the design and coordination of their connections to any new structures. § 4.2.8 Landscape Design: Design, coordination and documentation of the non - vehicular hardscape up to face of curb, planting and softscape, irrigation and site furnishings, including preliminary grading design, design and documentation of site retaining walls up to four feet high and design input for site lighting, § 4.2.11 Detailed. Cost Estimating: The process of predicting the cost of a facility through quantitative analysis of the work required by the design documents, resulting in a detailed break -down of estimated costs including total construction costs for material, labor, equipment. and general conditions. The cost estimate may be produced by a contractor as part of their pre - construction services for the Owner, or by an independent construction cost estimator experienced in estimating costs for projects similar to the Project. The Architect may rely on information within cost estimates performed during each design phase, to inform the design approach and development. $ 4.2.13 Conformed Construction Documents: The Architect will update the Construction Documents to include any addenda issued during the bidding or negotiation process occurring prior to the start of construction. Additions and Deletions Report for AIA Document B101"" — 2007 (formerly 8161 TM — 19971. Copyright © 1974. 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIM' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIM Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:38:24 on 03124/2017 under Order No 1011297423_1 which expires an 10/01/2017, and is not for resale. User Notes: (2034923332) 102 § 4.2.28 Alerting and Paging Systems Design: The design by the Electrical Engineer and coordination by the Architect of the Alerting and Paging systems that allow Fire Department personnel to receive and respond to emergency call outs. Elements include annunciators, lighting controls, user interface devices and the electrical infrastructure to support those systems. § 4.2.29 Complex Building Construction Contract Administration: The addition of extra manpower during the Construction Contract Administration chase to address the increased com t lexi and coordination needs of a building with many complex systems and coordination requirements. For the purposes of this Agreement, this extra effort will be accomplished with the addition of attendance at One ( ) site meeting per month and the time of One /Eighth OM) of One (1) Full Time Employee for the duration of Construction. § 4,2.30 Geoteehnical Engineering Services: Review of existing historical geology and geotechnical information. if available; test borings, determinations of soil bearing values, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. PAGE 10 1 Two ( 2 } reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor .2 Seventy -four ( 74 ) visits to the site by the Architect over the duration of the Project during construction of Fire Station 51, Sixty -nine ( 69 ) visits to the site by the Architect over the duration of the Project during construction of Fire Station 52 and Sixty -nine ( 69 ) visits to the site by the Architect over the duration of the Project during construction of Fire Station 54. .3 ( ) inspection Two ( 2 ) site reviews for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 { ) inspections Two ( 2 ) site reviews for any portion of the Work to determine final completion § 4.3.4 If the services covered by this Agreement for Fire Station 51 have not been completed within Thirty -three 33 ) months of the date of this Agreement or if the services covered by this Agreement for Fire Stations 52 and 54 have not been completed within Forty -four ( 44 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. PAGE 11 PAGE 12 § 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the program and scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. The Architect's estimate of the Cost of the Work shall be based an current area, volume or similar conceptual estimating techniques. rf requests detailed cost estimating services, the The Architect shall provide such services as an Additional Service under Article 4. § 6.4 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, through no fault of the Architect, the Owner's budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. Additions and Deletions Report for AIA Document B1G1 r" 2007 (formerly 8151 TM — 1997). Copyright CD 1974, 1978, 1987, 1997 and 2007 by The American institute of Architects. All rights reserved. WARNING: This AIAR Document is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this NAE Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:313:24 on 03124/2017 under Order No.1011297423_1 which expires on 10/01/2017. and is not for resale. User Notes: (2034923332) 103 § 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect, .. .: - as an Additional Service under Section 4.3, shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. The Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. PAGE 13 § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of Service, Service or following termination of this Agreement when the Architect is not in default, the Owner releases the Architect and Architect's employees and consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its employees and consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 8.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than 4 -G _years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. PAGE 14 [J Arbitration pursuant to Section 8.3 of this Agreement § 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreemett- Agreement, except as specifically provided below. A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration. § 8.3.4 NO CONSOLIDATION OR JOINDER § 8.3.4.1 • No arbitration arising out of or relating to this Agreement shall include, by consolidation or joinder or in any other manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific reference to the Agreement and signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitration and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction there of Additions and Deletions Report for AIA Document 13101TM — 2007 (formerly 8151 r" — 1997). Copyright 0 1974. 1978. 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIM Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ANA' Document, or any portion of it may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:38:24 on 03124/2017 under Order No.1011297423_1 which expires an 10/01/2017, and is not for resale, User Notes: (2034923332) 104 Architect under this Agreement. § 8.4 CERTIFICATE OF MERIT 8,41 Before the Owner may commence litigation or arbitration against the Architect based on professional negligence or failure to perform in accordance with this Agreement, the Owner shall furnish the Architect with a report written by, and bearing the professional seal of, an architect who is licensed to practice in Washington and who has recent experience with projects similar to the Proiect. The report must describe in detail each respect in which the Architect, in the opinion of the author, performed negligently or breached this Agreement. Only those items described in the report may be the subject of any litigation or arbitration commenced by the Owner against the Architect. The report must be furnished to the Architect at least thirty days before the mediation called for in this Agreement is convened, and its author must, ifrequested by the Architect, meet with the Architect during the mediation to discuss the report. If the Owner commences litigation or arbitration without having complied with this provision. the litigation or arbitration shall, upon motion of the Architect, be dismissed. PAGE 15 § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. The Architect may terminate this Agreement upon not less than thirty calendar days' written notice to the Owner for the Architect's convenience and without cause. § 9.6 In the event of termination , initiated by the Owner when the Architect is not in default or in the event of termination due to the Owner's default, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 9.7. PAGE 16 Five Hundred and Ninety Thousand and One Hundred dollars ($590,100.00) for Fire Station 51, Two Hundred and Seventy Thousand and Eight Hundred and Sixty dollars ($270,860) for Fire Station 52 and Three Hundred and Forty -four Thousand and Six Hundred and Sixty dollars ($344,660) for Fire Station 54. For the Programming and Site Selection Phases: Two Hundred and Fifty -three Thousand and Two Hundred and Sixty -six dollars ($253,266.00). For Fire Station 51: Two hundred and Eighty Thousand, One Hundred and Eighty -six dollars ($280,186.00), which includes a reimbursables allowance of Eighteen Thousand, One Hundred and Twenty -two dollars ($1 8,122), or Two Percent (2 %) of the total fee amount plus a Ten Percent (10 %) mark -up. For Fire Stations 52 and 54: Three Hundred and Fifty Thousand, Six Hundred and Forty -five dollars ($350,645.00), which includes a reimbursables allowance of Nineteen Thousand, Nine Hundred and Ninety -six dollars ($19,996.00), or Two Percent (2 %) of the total fee amount plus a Ten Percent (10 %) mark -up. PAGE 17 On an hourly basis per the billing rates defined in Section 11.7 § 11.4 Compensation for Additional Services of the Architect's consultants when not included in Section 11.2 or 113, shall be the amount invoiced to the Architect plus Ten percent ( 14 %e), or as otherwise stated below: Additions and Deletions Report for AIA Document 13101"A — 2007 (formerly B151 TM — 1997), Copyright CD 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAs' Document is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIA5 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIR software at 15 :38:24 on 03/24/2017 under Order No.1011297423_1 which expires on 10/0112017, and is not For resale. User Notes: (2034923332) 105 Schematic Design Phase Design Development Phase Construction Documents Phase Bidding or Negotiation Phase Construction Phase Close -out Architect: Design Principal, 2017 Architect: Quality Control Principal, 2017 Architect: Project Manager, 2017 Architect Project Architect. 2017 Architect: Design Staff, 2017 Architect: Adminstrative Staff, 2017 PAGE 18 Eighteen percent ( 18 %) Twenty -five percent ( 25 °lo) Twenty -six percent ( 26 %) Two percent ( Twenty -seven percent ( 27 Two 2 Two Hundred dollars per hour ($200Ihr) One Hundred and Fifty dollars per hour ($150 /hr) One Hundred and Twenty -five dollars per hour ($ l25/hr) One Hundred dollars per hour ($100/hr) Seventy-five dollars per hour ($75/hr) Sixty dollars per hour ($601hr) § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus Ten percent ( 10 %) of the expenses incurred. § 11.9 CO RENSAT1O I FOR IIcE OF OF SERVICE If the Owner terminates the Architect for its convenience under Section 9.5, or the Architect terminates this Agreement under Section 9.3, the Owner USE OF ARCHITECT'S INSTRUMENTS f 1 agrees to indemnify and hold harmless the Architect pursuant to Section 7.3.1. § 11,10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid Thirty ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. 12 % per annum § 12.1 The Owner agrees to limit the aggregate amount of any damages and /or costs (including attorney fees and expert witness fees) that the Owner may recover against the Architect (together with its owners, officers, directors. consultants and employees) the amount of proceeds available, at the time the damages and/or costs are paid, under the Architect's insurance policy or policies applicable to the claim being made by the Owner. The types of claims to which this limitation applies include, but are not limited to, claims based on negligence, professional errors or Additions and Deletions Report for AIA Document 8101 M — 2907 (formerly B151^" — 1997). Copyright it 1974, 1978, 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 AIAs Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15;38:24 on 03/24/2017 under Order No.1011297423_1 which expires on 10101/2017, and is not for resale. User Notes: (2034923332) 106 omissions, professional malpractice, indemnity, contribution, breach of contract, breach of expressed or implied warranty and strict liability.. PAGE 19 .2 AIA Document E2OITM 2007, Digital Data Protocol Exhibit, if completed, or the following:MNot used! (List other documents, if any, Including Exhibit 4, Initial Information, and additional scopes of service, if any, forming part of the Agreement.) Exhibit A: B 101 -2007 Initial Information Exhibit C: B202 -2009 Programming Scope Exhibit D: B203 -2007 Site Evaluation and Planning Scope Exhibit E: B252 -2007 Architectural Interior Desi2n Scop Additions and Deletions Report for AIA Document B101 r"' — 2007 (formerly B151 TM - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This MA's Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA,' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:38:24 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) 107 Certification of Document's Authenticity AIA® Document D401 Ph' — 2003 1, , hereby certify, to the best of my knowledge, information and belief, that 1 created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 15:38:24 on 03/24/2017 under Order No. 101 1297423_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document B 101TM - 2007, Standard Form of Agreement Between Owner and Architect, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dared) AIA Document D401"' 2003. Copyright ri0 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:38:24 on 0312412017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (2034923332) 109 110 Init� _a...Tit,. IA • Document B202rM - 2009 Standard Form of Architect's Services: Programming EXHIBIT C for the following PROJECT: (Name and location or address) Tukwila Fire Stations 51, 52 and 54 Tukwila WA THE OWNER: (Name, legal status and address) City of Tukwila 6200 Southcenter Boulevard Tukwila WA 98188 THE ARCHITECT: (Name, legal status and address) Weinstein AU LLC, Limited Liability Company dba: Weinstein Ai-U Architects + Urban Designers LLC 2200 Western Avenue Suite 301 Seattle, Washington 98121 THE AGREEMENT This Standard Form of Architect's Services is part of or modifies the accompanying Owner- Architect Agreement (hereinafter, the Agreement) dated the Seventeenth day of April in the year Two Thousand Seventeen . TABLE OF ARTICLES 1 INITIAL INFORMATION 2 PROGRAMMING SERVICES 3 ADDITIONAL SERVICES 4 OWNER'S RESPONSIBILITIES 5 COMPENSATION 6 SPECIAL TERMS AND CONDITIONS ARTICLE 1 INITIAL INFORMATION The Architect's performance of the services set forth in this document is based upon the following information. Material changes to this information may entitle the Architect to Additional Services. (List below information, including conditions or assumptions, that will affect the Architect's performance.) Refer to 'Exhibit A: B101 -2007 Ex. A' for Initial Information ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIR text. This document has important legal consequences, Consultation with an attorney is encouraged with respect to its completion or modification. This document provides the Architect's scope of services only and must be used with an owner - architect agreement. It may be used with AIA Document G80241A- 2007, Amendment to the Professional Services Agreement, to create a modification to any owner - architect agreement. AIA Document B202TM — 2009. Copyright © 2009 by The American Institute of Architects, All rights reserved. WARNING: This AIA! Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA- Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:36:22 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (1783058489) 111 !tilt. 112 ARTICLE 2 PROGRAMMING SERVICES § 2.1 Administration of Programming Services § 2.1.1 The Architect shall manage and administer the Programming Services. The Architect shall consult with the Owner, research applicable programming criteria, attend Project meetings, communicate with members of the Project team and issue progress reports and a final program document. The Architect shall coordinate the services provided by the Architect and the Architect's consultants with those services provided by the Owner and the Owner's consultants. § 2.1.2 The Architect shall confirm the scope and intent of the anticipated Project in consultation with the Owner. § 2.1.3 The Architect shall prepare, and periodically update, a schedule for Programming Services that identifies milestone dates for decisions required of the Owner, Programming Services furnished by (he Architect, and completion of documentation to be provided by the Architect. The Architect shall coordinate the programming schedule with the Owner's Project schedule, if a Project schedule exists. § 2.1.4 Upon request by the Owner, the Architect shall make a presentation to representatives of the Owner to explain the Programming Services to be utilized in developing the Project. § 2.1.5 The Architect shall submit programming documents to the Owner for evaluation and approval at intervals appropriate to the process. The Architect shall be entitled to rely on approvals received from the Owner to complete the Programming Services and in the further development of the Project. § 2.1.6 Unless otherwise set forth in the Agreement, any service not identified as a Programming Service in this Article 2 shall be an Additional Service. § 2.2 Identification of Programming Participants Based on the scale of the Project, the type of facilities, and the level of specialized functions that will be required, the Architect, in conjunction with the Owner, shall identify the persons to participate in the programming process, including the Architect, the Architect's consultants, the Owner, the Owner's consultants, and users of the Project, as well as other stakeholders, if any. § 2.3 Identification and Prioritization of Owner and User Values, Goals and Objectives § 2.3.1 The Architect shall facilitate a visioning session with the programming participants to identify, discuss, and prioritize values and goals that will impact the Project, including institutional purposes, growth objectives, and cultural, technological, temporal, aesthetic, symbolic, economic, environmental, safety, sustainability, and other relevant criteria. § 2.3.2 The Architect shall prepare and provide to the Owner a written evaluation of the identified Project values and goals, addressing functional efficiency, user comfort, building economics, safety, environmental sustainability, and visual quality. § 2.3.3 After the Architect provides the evaluation, the Architect shall meet with the Owner to confirm and finalize the Owner's and user's priorities, values, and goals that will impact the Project. § 2,3.4 Following the determination of the Owner's and user's priorities, values and goals, the Architect, in conjunction with the Owner, shall identify and confirm the Owner's objectives for the Project, including such elements as image, efficiencies, functionality, cost and schedule. § 2.3.5 The Architect shall confirm the intended use of the program documents and services with the Owner and the intended results of information gathering. § 2.3.6 The Architect shall identify and evaluate the constraints and opportunities that will have an impact on the existing or proposed facility, such as governmental requirements, financial resources, location, access, visibility and building services. AIA Document £20271" — 2009. Copyright © 2009 by The American Institute of Architect. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this A As Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:3622 on 03f24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (1783058489) Init § 2.4 Information Gathering § 2.4.1 The Architect shall compile and review existing Project- related documentation, including the following: .1 Available reports on existing facilities, site surveys, construction documents. and other Owner documents, including existing program material, if any .2 Relevant government documents such as applicable codes and ordinances .3 Applicable non- governmental building and planning standards .4 Relevant historical documents and archival materials § 2.4.2 The Architect shall prepare for and conduct interviews of Owner- designated individuals by .1 identifying key individuals to be interviewed, .2 establishing a work plan and schedule for the interviews, .3 determining the types of data that could impact the design of the facility, and .4 determining how interviewing will relate to other information- gathering techniques, such as observation and surveys. § 2.4.3 The Architect shall conduct a walkthrough of the Owner's existing facilities with the appropriate personnel, such as the Owner, property manager, or facility manager. (Paragraphs deleted) § 2,4.4 The Architect shall identify, in consultation with the Owner, facilities and operations of a similar nature to be visited and observed by designated programming participants for purposes of evaluation and comparison. § 2.4,5 In consultation with the Owner, the Architect shall identify the individuals to be surveyed. The Architect shall prepare a work plan and schedule for questionnaires and surveys and shall develop, prepare and distribute questionnaires and surveys and collate the results. The Architect shall prepare survey questions based on a systematic process for gathering specific program information such as furniture and equipment needs and special space criteria. § 2.4.6 The Architect shall conduct group sessions with the Owner's Project team for the purpose of reviewing information obtained from literature reviews, interviews, observations and surveys; considering and discussing design and planning issues, including future growth and expansion projections; and endeavoring to achieve consensus as to which values, goals, facts, needs and ideas should influence the design of the facility. The Architect shall determine the group session goals and identify participants for the group sessions. § 2.5 Data Analysis § 2.5.1 Based on the information gathered, the Architect shall develop performance and design criteria for the proposed facility. § 2.5.2 The Architect shall make a preliminary determination of space requirements, space relationships and circulation, including consideration of special requirements, such as ambient environment, safety and security, furnishings, flexibility and site information, where appropriate. § 2.5.3 The Architect shall identify any major unresolved programming issues and discuss preliminary options for their resolution with the Owner. § 2.5.4 Based on discussions with the Owner, the Architect shall make recommendations for solutions to the unresolved programming issues for approval by the Owner prior to preparation of the Architect's initial report. § 2.6 Presentation and Initial Report § 2.6.1 The Architect shall prepare an initial report of its findings and analysis for the Owner and meet with the Owner to agree on the form of presentation appropriate to the needs of the Owner's organization and the Project. § 2.6,2 The Architect shall present its initial report to the programming participants or as otherwise directed by the Owner. AIA Document 8202'" — 2009. Copyright © 2009 by The American Institute of Architects. All rights reserved. WARNING: This A!A' 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 civli and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:36:22 on 03/24/2017 under Order INo.1011297423_1 which expires on 10101/2017. and is not far resale. User Notes: (1783058489) 113 In it. 114 § 2.7 Development of Final Program of Project Requirements § 2.7.1 The Architect shall recommend Project standards or incorporate Owner standards such as area allowances, space allocation, travel distances, and furniture and equipment requirements. § 2.7.2 The Architect shall establish general space quality standards for the Project related to such elements as lighting levels, equipment performance, acoustical requirements, security and aesthetics. § 2.7.3 The Architect shall determine specific space requirements for the Project by .1 identifying required spaces, .2 establishing sizes and relationships, .3 establishing space efficiency factors (ratio of net square footage to gross square footage), and .4 documenting particular space requirements such as special HVAC, plumbing, power, lighting, acoustical, furnishings, equipment, or security needs. § 2.7.4 The Architect shall prepare a final program document detailing all items identified in Sections 2.7,1 to 2.7.3, incorporating written and graphic materials that may include .1 an executive summary, .2 documentation of the methodology used to develop the program, .3 value and goal statements, .4 relevant facts upon which the program was based, .5 conclusions derived from data analysis, .6 relationship diagrams, .7 flow diagrams, .8 matrices identifying space allocations and relationships, .9 space listings by function and size, and 10 space program sheets including standard requirements and special. HVAC, plumbing, power, lighting, acoustical, furnishings, equipment, or security needs. § 2.7.5 The Architect shall provide a preliminary opinion of the program with respect to the Owner's stated budget objectives. ARTICLE 3 ADDITIONAL SERVICES § 3.1 In addition to the Programming Services described above, the Architect shall provide the following Additional Services only if specifically designated below as the Architect's responsibility. The Architect shall perform such Additional Services in accordance with a service description provided in Section 3.2 or attached as an exhibit to this services document. (Designate the Additional Services the Architect shall provide in the second column of the table below in the third column indicate whether the service description is located in Section 3.2, or in an exhibit attached to this services document. If in an exhibit, identify the exhibit.) Services Responsibility (Architect, Owner or Not Provided) Location of Service Description (Section 3.2 below or an exhibit attached to this document and identified below) § 3.1.1 Multiple Site Evaluation Not Provided § 3.1,2 Site Suitability Not Provided § 3.1.3 Site Planning Architect Section 3.2.3 § 3.1.4 Master Planning Architect Section 3.2.4 § 3.1.5 Preliminary Design Architect Section 3.2.5 § 3.1.6 Preliminary Cost Estimating Architect Section 3.2.6 § 3.1.7 Scheduling Architect Section 3.2.7 § 3.1.8 Market Analysis Not Provided § 3.1.9 Detailed Existing Facility Evaluation Not Provided § 3.1.10 Environmental Suitability Not Provided AIA Document B202T"' — 2009. Copyright © 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIM- Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:36:22 on 03/24/2017 under Order No.1 01 1 2 97423_1 which expires on 10/01/2017. and is not for resale. User Notes: (1783058489) lnit.. § 3.1.11 Services in support of the Owner's other consultants (Geotechn'ICal Engineer, Landscape Architect, Real Estate or Legal Services Providers, Lending Institutions or others) Not Provided § 3.2 Insert a description of each service designated in Section 3.1 the Architect shall provide if not included in an exhibit attached to this document and identified in the table above. § 3.2.3 Site Planning: Based on the preliminary site analysis, prepare conceptual site development drawings which may include land utilization, structure placement, facility development, development phasing, access and circulation of vehicles and pedestrians, parking facilities and utility systems. Analyze surface and subsurface conditions, ecological requirements, deeds, zoning, and other legal restrictions, landscape concepts and features. § 3.2.4 Master Planning: The Architect will develop guidelines for the site selection and design of all three of the planned Fire Stations, reflecting the goals and needs defined by the Owner and User teams in the Programming phase and ensuring the efficient distribution of resources between the three facilities. § 3.2.5 Preliminary Design: The initial design process wherein the Architect examines major variables in codes and regulations, building technology, schedule, and cost of the project, relative to the requirements and limitations of the program, and proceeds to generate preliminary design solutions that satisfy the project program and submit them for review and discussion. The conceptual drawings inform the Owner's preliminary project budget. § 3.2.6 Preliminary Cost Estimating: At the end of the Programming phase, the Architect will provide a preliminary cost assessment of the project based on the area, material and systems needs defined by the Owner and consultant teams. This estimate will be used to evaluate the appropriateness of the initial project budget and provide a basis for the Owner to adjust either their budget or program, as required, to align the two. § 3.2.7 Scheduling: Architect will use the information compiled in the Programming phase to create and provide to the Owner a baseline schedule for the Project, taking into account design milestones, Owner approval processes, entitlement and other required public processes, cost estimating and a projected construction timeline. § 3.3 The Architect shall provide Programming Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 Four (4 ) meetings to determine /review Owner and user values and goals .2 Two (2 ) meetings with user groups for the purpose of gathering data .3 One ( 1 ) "ride - along" with Tukwila Fire Department .4 One ( I ) meeting with City of Tukwila Planning Department .5 Two (2 ) tours of each existing Tukwila Fire Station to be replaced .6 Four (4 ) facility visits pursuant to Section 2.4.4 ARTICLE 4 OWNER'S RESPONSIBILITIES § 4.1 Unless specifically described in Articles 2 or 3, the services in this Article shall be provided by the Owner or the Owner's consultants. § 4.2 The Owner shall provide to the Architect data and information necessary to complete the Programming Services, including preliminary budget objectives and other parameters for the Project, design standards, facility standards, and other design criteria, environmental criteria and sustainability objectives. § 4.3 The Owner shall identify a representative authorized to act on the Owner's behalf to participate in the information gathering process, to facilitate the programming process, and to provide, in a timely manner, decisions made by the Owner. § 4.4 The Owner shall provide to the Architect master plans or record drawings that pertain to a site or existing facility under consideration for development or redevelopment within the scope of this agreement. AIA Document B2O2TM — 2009. Copyright © 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA5 Document Is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this ALAI Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:36:22 on 03/24/2017 under order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes; (1763058489) 115 Init. 116 § 4.5 The Owner shall provide access to the property, buildings, and personnel necessary for the Architect to complete the Programming Services. The personnel shall conduct tours and explain the property's original, current and anticipated future use. § 4,6 The Owner shall make the Owner's personnel available to the Architect, in a timely manner, to provide information about Owner and user goals and to facilitate decision - making in accordance with the Project schedule. ARTICLE 5 COMPENSATION § 5.1 For the Architect's Programming Services described under Article 2, the Owner shall compensate the Architect as follows: (Insert amount of or basis or, compensation.) One Hundred and Fifty -five Thousand and One Hundred and Sixteen dollars ($155, l 16.00) § 5.2 For Additional Services provided under Section 3.1, the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) Additional Services described in Section 3. l are included in the fee defined in Section 5.1. § 5.3 For Additional Services that may arise during the course of the Project, including those under Section 3.3. the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation.) On an hourly basis, according to the billing rates defined in Exhibit B, Section 11.7. § 5.4 Compensation for Additional Services of the Architect's consultants when not included in Section 5.2 or 5.3, shall be the amount invoiced to the Architect plus Ten percent ( 10 %). ARTICLE 6 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Standard Form of Architect's Services: Programming, if any, are as fol lows: AJA Document 8202T" — 2009. Copyright © 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AiAs Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIR software at 15.36:22 on 03f2412017 under Order No. 1011297423_1 which expires on 10/01/2017. and is not for resale.. User Notes: (1783058489) Additions and Deletions Report for AIA° Document 8202TH — 2009 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 15:36 :22 on 03/24/2017. PAGE 1 EXHIBIT C Tukwila Fire Stations 51.52 and 54 Tukwila WA City of Tukwila 6200 Southcenter Boulevard Tukwila WA 98188 (Name, legal status and address) Weinstein AU LLC, Limited Liability Company dba: Weinstein A +U Architects + Urban Designers LLC 2200 Western Avenue Suite 301 Seattle, Washington 98121 This Standard Form of Architect's Services is part of or modifies the accompanying Owner- Architect Agreement (hereinafter, the Agreement) dated the Seventeenth day of April in the year Two Thousand Seventeen Refer to 'Exhibit A: B101 -2007 Ex. A' for Initial Information PAGE3 § 2.4.3 The Architect shall conduct a walkthrough of the Owner's existing facilities with the appropriate personnel, such as the Owner, property manager, or facility der, andmanager. the users, and Additions and Deletions Report for AIA Document B202TM — 2009. Copyright CD 2009 by The American Institute of Architects. All rights reserved. WARNING: This AtA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this A1A'° Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:30 :22 on 03124!2017 under Order No.1011297423 1 which emires on 10/01/2017, and is not for resale. User Notes: — (1783050489) 117 PAGE 4 § 3.1.1 Multiple Site Evaluation Not Provided § 3.1,2 Site Suitability Not Provided § 3.1.3 Site Planning Architect Section 12.3 § 3.1,4 Master Planning Architect Section 3.2.4 § 3.1.5 Preliminary Design Architect Section 3.2.5 § 3,1.6 Preliminary Cost Estimating Architect Section 3.2.6 § 3.1.7 Scheduling Architect Section 3.2.7 § 3.1.8 Market Analysis Not Provided § 3.1.9 Detailed Existing Facility Evaluation Not Provided § 3.1.10 Environmental Suitability Not Provided § 3.1.11 Services in support of the Owner's other consultants (Geotechnical Engineer, Landscape Architect. Real Estate or Legal Services Providers, Lending Institutions or others) Not Provided PAGE 5 § 3.2.3 Site Planning: Based on the preliminary site analysis, prepare conceptual site development drawings which may include land utilization, structure placement, facility development, development phasing, access and circulation of vehicles and pedestrians, parking facilities and utility systems. Analyze surface and subsurface conditions, ecological requirements, deeds, zoning, and other legal restrictions, landscape concepts and features. § 3.2.4 Master Planning: The Architect will develop guidelines for the site selection and design of all three of the planned Fire Stations, reflecting the goals and needs defined by the Owner and User teams in the Programming phase and ensuring the efficient distribution of resources between the three facilities. § 3.2.5 Preliminary Design: The initial design process wherein the Architect examines major variables in codes and regulations, building technology, schedule. and cost of the project, relative to the requirements and limitations of the program, and proceeds to generate preliminary design solutions that satisfy the project program and submit them for review and discussion. The conceptual drawings inform the Owner's preliminary project budget. 3.2.6 Preliminar Cost Estimating: At the end of the Pro rammin +base the Architect will irovide a preliminary cost assessment of the project based on the area, material and systems needs defined by the Owner and consultant teams. This estimate will be used to evaluate the appropriateness of the initial project budget and provide a basis for the Owner to adjust either their budget or program. as required, to align the two. § 3.2.7 Scheduling: Architect will use the information compiled in the Programming phase to create and provide to the Owner a baseline schedule for the Project. taking into account design milestones, Owner approval processes, entitlement and other required public processes cost estimating and a projected construction timeline. .1 Four (4 ) meetings to determine determine /review Owner and user values and goals .2 ( ) interviews Two (2 ) meetings with user groups for the purpose of gathering data .3 _ .. .. ... !ne ( 1 ) "ride - along" with Tukwila Fire Department .4 _.. o-' .. .., .. !ne ( 1 ) meeting with City of Tukwila Planning Department .5 (—Two (2 ) tours of each existing Tukwila Fire Station to be replaced .6 Four (4 ) facility visits pursuant to Section 2.4.4 Additions and Deletions Report For AIA Document B202'"' — 2009. Copyrights 2009 by The American Institute of Architects. All rights reserved. WARNING: This AiA'` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:36:22 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (1783058489) 118 PAGE 6 One Hundred and Fifty -five Thousand and One Hundred and Sixteen dollars ($155.116.00) Additional Services described in Section 3.1 are included in the fee defined in Section 5,1. On an hourly basis, according to the billing rates defined in Exhibit B. Section 11.7. § 5.4 Compensation for Additional Services of the Architect's consultants when not included in Section 5.2 or 5.3, shall be the amount invoiced to the Architect plus :Ten percent (10 Li)), Additions and Deletions Report for AIA Document B202TM — 2009. Copyright © 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This document was produced by AIA software at 15:36:22 on 03/24!2017 under Order No.101129742.3_1 which expires on 1010112017, and is not for resale. User Notes: (1783058489) 119 Certification of Document's Authenticity AIA® Document D401 'm - 2003 1, , hereby certify, to the hest of my knowledge, information and belief, that 1 created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 15 :36 :22 on 03/24/2017 under Order No. 1011297423_1 from A1A Contract Documents software and that in preparing the attached final document 1 made no changes to the original text of A1A'8 Document B202TM — 2009, Standard Form of Architect's Services: Programming, as published by the AlA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dared) AIA Document D401TM — 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIM Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA's Document, or any portion of it may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:36:22 on 03/2412017 under Order No.1011297423 -1 which expires an 10/01/2017, and is not for resale. User Notes: { 1783058489} 121 122 March 14. 2107 Tukwila Piro Stations 51, 52 & 54 Programming Phase Fee Calculation, REV( Period of Services: March 27 to June 30th (14 weeks, 69 working days) Weinstein AIUFees Item Task EW MW EN LR Total 5200 5150 5125 5100 Week 1 Generate detailed work plan and schedule 1 16 52,200 2 Tour F551, 52 +54 with WAU/TCA 8 8 8 53,400 3 Review 501 Pre - programming documentation 1 4 5700 4 Develop programming questionnaire w/ TCA and Landscape 1 8 51,200 Distribute to Owner Team for review 2 5250 Compile questionnaire responses 4 5500 5 Owner Workshop: WAU, TCA, CoT, TFO, 501 Develop Owner Workshop agenda/materials w /TCA 1 12 $1,700 Define overall program goals at1half-day workshops 4 4 4 51.,700 Compile meeting minutes 2 4 5650 6 Rlde -along 8 8 $1,800 Follow-up notes 1 1 5725 7 Work with TCA on building programming outline 8 51.000 7 Programming meeting with TFD/TCA/WAU- F551,F552,F554 8 8 8 53,400 Coordinate; prep; compile meeting minutes 6 4 51,150 10 Develop documentation of all program elements 2 24 8 54,200 Format into Programming Document, Pt. 1 16 8 52,800 Distribute Programming Document to Owner Team for comment and approval 2 5250 11 Distribute site and program information to Design Team 2 2 5450 12 Kick -off meeting: WAU, Cot 700, 501, all Consultants Coordinate team; Develop Kick -off agenda/mate rials 1 16 52,200 Discuss program goals, building needs, design ramifications 4 4 4 51,700 Tour existing stations and new F551 site with Design Team 4 4 5900 Compile meeting minutes 2 4 5650 13 Meet with Tukwila Planning Dept. (WAU, Civil, Landscape) 4 4 5900 Compile meeting minutes 2 2 5450 14 Research applicable codes and write summaries 4 24 53,600 15 Develop overall project schedules 1 8 51,200 Confirm internal approval process with Owner Team 1 2 5450 Develop tentative timeline for GC/CM involvement, tasting exercises and redline reviews 1 4 5700 Distribute to all parties for review 2 5250 2 4 5 16 5ustainability ( Integration Workshop: WAU, CoT, TED, 501, all Consultants 4 4 4 51,700 Coordinate team; Develop agenda and materials with CID ?) 1 16 52,200 6 Evaluate cost/benefits of known sustainable strategies 9rainstorm strategies that increase building resiliency in emergencies Find areas of overlap/ integration Compile meeting minutes 2 4 5650 17 Develop initial recommendations for owner group into Programming Document, Pt.2 2 40 8 56,200 7 Coordinate consultant recommendations and distribute to Owner Team for review 24 53,000 18 Follow -up meeting with Owner Team to discuss results and make changes 4 4 4 51,700 Compile meeting minutes 2 2 5450 Distribute results to Design Team 2 5250 8 19 Finalize programming recommendations and compile Programming Document 2 40 8 56,200 9 20 Coordinate consultant recommendations and distribute to Owner Team for review 24 53,000 10 Total WAU Hours and Fee 47 4 341 103 565,925 123 Consultant Fees CI Operations - TCA Add Service: Program realignment • cost and operations 51,320 Add Service: Future TED FF&E Analysis 51320 C2 Landscape - Swift C3 Civil - LPD C4 Structural - SSF C5 Mechanical - Greenbusch Add Service: Energy Box Models x3 Stations 510,000 Add Service: Research Availability of Energy Grants 565,000 C6 Electrical - Travis Fitxmaurice CT Cost - Robinson 516,290 TOTAL WAU 10% Consultant Mark -up CONSULTANTS TOTAL C8 Geotech - Hart Crowser WAU 10% Consultant Markup GEOfECH TOTAL 2,46 Relmbursables Allowance, inc1.10% Mark-up 53,723 56.400 57,000 511,000 57,500 55,500 567,413 56,741 563,154 520,634 $2,063 522,697 53,339 TOTAL PROGRAMMING FEE $155,116 124 Init. AIA Document B2O3 2007 Standard Form of Architect's Services: Site Evaluation and Planning EXHIBIT D for the following PROJECT: (Name and location or address) Tukwila Fire Stations 51, 52 and 54 Tukwila WA THE OWNER: (Name, legal status and address) City of Tukwila 6200 Southcenter Boulevard Tukwila WA 98188 THE ARCHITECT: (Name, legal status and address) Weinstein AU LLC, Limited Liability Company dba: Weinstein A +U Architects + Urban Designers LLC 2200 Western Avenue Suite 301 Seattle, Washington 98121 THE AGREEMENT This Standard Form of Architect's Services is part of or modifies the accompanying Owner- Architect Agreement (hereinafter, the Agreement) dated the Seventeenth day of April in the year Two Thousand Seventeen . (In words, indicate day, month and year.) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 SITE EVALUATION AND PLANNING SERVICES 3 ADDITIONAL SERVICES 4 OWNER'S RESPONSIBILITIES 5 COMPENSATION 6 SPECIAL TERMS AND CONDITIONS ARTICLE 1 INITIAL INFORMATION The Architect's performance of the services set forth in this document is based upon the following information. Material changes to this information may entitle the Architect to Additional Services. (List below information, including conditions or assumptions, that will affect the Architect's performance.) ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences, Consultation with an attorney is encouraged with respect to its completion or modification. This document provides the Architect's scope of services only and must be used with an owner - architect agreement- It may be used with G802T'" -2007, Amendment to the Professional Services Agreement, to create a modification to any owner- architect agreement. AIA Document 6203'" — 2007. Copyright ® 2005 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA6 Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:35:37 on 03/24/2017 under Order No. 1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: 1860369992) 125 Init. 126 Refer to 'Exhibit A: B101 -2007 Ex, A' for Initial Information ARTICLE 2 SITE EVALUATION AND PLANNING SERVICES § 2.1 The Architect shall consult with the Owner, research applicable criteria, attend Project meetings, communicate with members of the Project team and issue progress reports. The Architect shall coordinate the services provided by the Architect and the Architect's consultants with those services provided by the Owner and the Owner's consultants. § 2.2 The Architect shall prepare. and periodically update, a schedule of Site Evaluation and Planning Services that identifies milestone dates for decisions required of the Owner, services furnished by the Architect and completion of documentation to be provided by the Architect. The Architect shall coordinate the Site Evaluation and Planning Services schedule with the Owner's Project schedule. § 2.3 The Architect shall submit documents to the Owner at intervals appropriate to the process for purposes of evaluation and approval by the Owner. The Architect shall be entitled to rely on approvals received from the Owner to complete the Site Evaluation and Planning Services. § 2.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governing and reviewing authorities having jurisdiction over the Project. These documents may include plats, replats, property subdivisions, waivers and variances, for zoning and other developrnent guidelines. § 2.5 The Architect shall provide only the services specifically designated below as the Architect's responsibility. The Architect shall perform the designated services in accordance with a service description located in Section 2.6 or in an exhibit attached to this services document. (Designate the services the Architect shall provide in the second column of the table below. In the third column indicate whether the service description is located in Section 2.6 or in an exhibit attached to this services document. If in an exhibit, identify the exhibit.) Services Responsibility (Architect, Owner or Not Provided) Location of Service Description (Section 2.6 below or an exhibit attached to this document and identified below) § 2.5.1 Program Analysis Architect § 2.5.2 Site Analysis and Selection Architect § 2.5.3 Site Context Architect § 2.5.4 Cultural Factor Analysis Not Provided § 2.5.5 Historic Resource Inventory Not Provided § 2.5.6 Site Development Planning Architect § 2,5.7 Detailed Site Utilization Studies Not Provided § 2.5.8 Utility Studies Architect § 2.5.9 Environmental Studies Not Provided § 2.5.10 Design Guidelines Not Provided § 2.5.11 Parking and Circulation Analysis Architect § 2.5.12 Economic Analysis Architect § 2.5.13 Estimate of the Cost of the Work Architect § 2.5.14 Planning and Zoning Analysis Architect § 2.5.15 Meetings and Presentations Architect Section 2.6.15 and 3.1 § 2.5.16 Geotechnical Reports Architect Section 2.7 AIA Document B203TM' — 2007. Copyright m 2005 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIM. Document, or any portion of lt, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:35:37 on 03/24/2017 under Order Na1011297423_1 which expires on 10/01/2017. and is not for resale. User Notes: (850369992) Init. § 2.6 DESCRIPTIONS OF SERVICES: A brief description of each Site Evaluation and Planning Service is provided below. (If necessary, provide in Section 2.7 expanded or modified descriptions of the Site Evaluation and Planning Services listed below.) § 2.6.1 Program Analysis: Analyze the Owner's building program with respect to the area required for building; area required for parking, circulation, open space, and other program dements; and any special constraints or requirements such as security, easements, and preserving habitat and wetlands. § 2.6.2 Site Analysis and Selection: Analyze a site or sites designated by the Owner. Analysis may consist of ownership, on -site observations, circulation systems and parking studies, topography analysis, and analysis of deed, zoning and other legal restrictions, studies of availability of construction materials, equipment and labor and construction markets. Evaluate the site studies to assist the Owner in selecting the site for the Owner's project. § 2.6.3 Site Context: Describe physical characteristics and context of immediately surrounding area and a general land use pattern, with a brief description of proximate development, such as agricultural, single - family detached residential, single - family attached residential, multi- family residential, retail, commercial, office, light industrial, heavy industrial, public and semi- public use, park and open space, vacant, or other appropriate land uses. § 2,6.4 Cultural Factor Analysis: Research the history of the site that may include historic land uses, existing structures on and adjacent to the site, archaeological significance, other cultural factors and analyze the impact of the proposed use on the surrounding sites and community. § 2.6.5 Historic Resource Inventory: Prepare an inventory of any historic structures, or other historic features on the site. Identify landmark features or structures as noted on local, city, county, state, or Federal inventory of historically significant buildings, places or features. § 2.6.6 Site Development Planning: Based on the preliminary site analysis and selection ofa site, prepare conceptual site development drawings which may include land utilization, structure placement, facility development, development phasing, access and circulation of vehicles and pedestrians, parking facilities and utility systems. Analyze surface and subsurface conditions, ecological requirements, deeds, zoning, and other legal restrictions, landscape concepts and features. § 2.6,7 Detailed Site Utilization Studies: Prepare a detailed site analysis, which may include land utilization, structure placement, facilities development, circulation systems, parking facilities and utility systems. Analyze surface and subsurface conditions, the soils report, vegetation, slope of land, ecological requirements, deeds, zoning and other legal restrictions, landscape features and materials. § 2,6.8 Utility Studies: Establish requirements and prepare initial designs for the on -site utilities which may include electrical service and distribution, gas service and distribution, water supply and distribution, site drainage, sanitary sewer collection and disposal, process waste water treatment, storm water collection and disposal, central -plant mechanical systems, fire systems, emergency systems, security, pollution control, site illumination, and communications systems. Analyze the availability of existing utility mains, transmission and distribution lines. § 2.6.9 Environmental Studies: Determine the need for environmental monitoring, assessment and impact statements and prepare reports as required. If required, attend public meetings and hearings. § 2.6.10 Design Guidelines: Prepare design guidelines to develop a set of standards for site improvements, including signage, lighting, landscaping, pedestrian amenities, banners, and other similar guidelines. § 2.6.11 Parking and Circulation Analysis: Determine parking requirements for the Project, including the number of parking spaces required by governing agencies and the Owner. § 2.6.12 Economic Analysis: Based on the above surveys, evaluations, studies and inventories, assess the extent of buildable area and the potential impact on development cost. AIA Document B203TM — 2007. Copyright © 2005 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIM' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties. and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 15'35.37 on 0312412017 under Order No.1011297423_1 which expires on 10f0112017. and is not for resale. User Notes: (560369992) 127 Init 128 § 2.6.13 Estimate of the Cost of the Work: Prepare a preliminary estimate of the cost of the work for the development of the site based on the design approved by the Owner. § 2.6.14 Planning and Zoning Analysis: Identify and research applicable planning and zoning ordinances. Develop and present options to the Owner. § 2.6.15 Meetings and Presentations: Attend meetings, public hearings, and citizen information meetings as directed by the Owner. Represent the Owner in presenting the proposed development to the governing agencies for approval. Prepare presentation materials for selected options and present to the governing agencies at public meetings and hearings. § 2.7 EXPANDED DESCRIPTION OF SERVICES (in the space below, provide expanded or modified descriptions of the Site Evaluation and Planning Services listed above, add other services as space permits, or refer to an exhibit attached to this document.) § 2.7.16 Geotechnical Reports: Review of existing historical geology and geotechnical information, if available; test borings, determinations of soil bearing values, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. ARTICLE 3 ADDITIONAL SERVICES § 3.1 The Architect shall provide Site Evaluation and Planning Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 Two (2 ) visits to the site by the Architect over the duration of the services .2 Two (2 ) presentations of any portion of the Services as requested by the Owner .3 Two (2 ) meetings with any boards, committees or other required groups ARTICLE 4 OWNER'S RESPONSIBILITIES § 4.1 The Owner shall furnish a program setting forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, special equipment, systems and site requirements. § 4.2 The Owner shall provide the Architect with any available previous studies, data, reports, or documents which have a direct bearing on the requirements of the Project and that may be reasonably needed for the Project. § 4.3 The Owner shall provide access to the property, buildings, and personnel necessary for the Architect to complete the services. The Owner shall conduct tours and explain the property's original, current and anticipated future use. § 4.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. (Paragraph deleted) ARTICLE 5 COMPENSATION § 5.1 For the Architect's Site Evaluation and Planning Services described under Article 2, the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation.) Ninety -eight Thousand, One Hundred and Fifty dollars ($98,150.00) § 5.2 For Additional Services that may arise during the course of the Project, including those under Section 3.1, the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation.) AIA Document B203r"" — 2007. Copyright © 2005 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Al* 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 documentwas produced by AIA software at 15:35:37 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (8t0369992) Init. On an hourly basis, according to the billing rates defined in Exhibit B, Section 11.7. § 5.3 Compensation for Additional Services aline Architect's consultants, when not included in Section 5.2, shall be the amount invoiced to the Architect plus Ten percent (10 %). ARTICLE 6 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Standard Form of Architect's Services: Site Evaluation and Planning, if any, are as follows: AIA Document B203 — 2007. Copyright © 2005 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAo Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this 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 taw. This document was produced by AIA software at 15:35:37 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (0603699921 129 Additions and Deletions Report for A1A® Document B203r'4 -- 2007 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 15:35:37 on 03/24/2017. PAGE1 EXHIBIT D Tukwila Fire Stations 51, 52 and 54 Tukwila WA City of Tukwila 6200 Southcenter Boulevard Tukwila WA 98188 (Name, legal stains and address) Weinstein AU LLC, Limited Liability Company dba: Weinstein A +U Architects + Urban Designers LLC 2200 Western Avenue Suite 301 Seattle, Washington 98121 This Standard Form of Architect's Services is part of or modifies the accompanying Owner- Architect Agreement (hereinafter, the Agreement) dated the Seventeenth day of April in the year Two Thousand Seventeen . PAGE2 Refer to 'Exhibit A: B101 -2007 Ex. A' for Initial Information § 2.5.1 Program Analysis Architect § 2.5.2 Site Analysis and Selection Architect § 2.5.3 Site Context Architect § 2.5.4 Cultural Factor Analysis Not Provided § 2.5.5 Historic Resource Inventory Not Provided § 2.5.6 Site Development Planning Architect Additions and Deletions Report for AIA Document 6203TM — 2007. . Copyright © 2005 and 2007 by The American Institute or Architects. All rights reserved. WARNING: This AIAC Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIM Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:35:37 on 03/24/2017 under Order No.1011297423_1 which expires on 10)01/2017, and is not for resale. User Notes: (860369992) 131 § 2.5.7 Detailed Site Utilization Studies Not Provided § 2.5.8 Utility Studies Architect § 2.5.9 Environmental Studies Not Provided § 2.5.10 Design Guidelines Not Provided § 2.5.11 Parking and Circulation Analysis Architect § 2.5.12 Economic Analysis Architect § 2.5.13 Estimate of the Cost of the Work Architect § 2.5.14 Planning and Zoning Analysis Architect § 2.5.15 Meetings and Presentations Architect Section 2.6.15 and 3.1 § 2.5.16 Geotechnical Reports Architect Section 2.7 PAGE 4 § 2.7.16 Geotechnical Reports: Review of existing historical geology and geotechnical information, if available: test borings, determinations of soil bearing values, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. .1 Two (2 ) visits to the site by the Architect over the duration of the services .2 Two (2 ) presentations of any portion of the Services as requested by the Owner .3 Two (2 ) meetings with any boards, committees or other required groups Ninety -eight Thousand, One Hundred and Fifty dollars ($98,150.40) PAGE 5 On an hourly basis, according to the billing rates defined in Exhibit B, Section 11.7. § 5.3 Compensation for Additional Services of the Architect's consultants, when not included in Section 5.2, shall be the amount invoiced to the Architect plus :Ten percent ( 10 %). Additions and Deletions Report for AIA Document B203T" — 2007. Copyright 43 2005 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA& Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the max imum extent possible under the law. This document was produced by AIA software at 15:35:31 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (850369992) 132 1 3 Certification of Document's Authenticity AIA® Document D4a1 TM — 2003 1. , 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 15:35:37 on 03/24/2017 under Order No. 101 1297423_1 from MA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document 13203Tm — 2007. Standard Form of Architect's Services: Site Evaluation and Planning, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401'• — 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIM Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIM' Document, or any portion of it, may result in severe civil and criminal penalties, and wit! be prosecuted to the maximum extent possible under the law. This document was produced by AIA software 5115-35 37 on 03/24/2017 under Order No.1 0 1 1297 423_1 which expires on 10/01/2017. and is not for resale. User Notes: (860369992) 134 March 34, 22, Tukwila Fire Stations 528 54 Site Selection Fee Calculation, REV2 Period or Services: July 10, 2017, to July 6, 7018 {12 monthsi Weinstein Al Fees Item task OW EN Total 5200 5125 1 Meeting with City of Tukwila real estate team to finalize process 3 3 5975 Meeting notes and follow -up with consultants 2 5250 2 F552 Test Fit el: Site visit 1.5 1.5 5488 Notes 1 5175 Research on available site info 4 5500 Coordination meeting with consultants jincl. prep and notes for all four site options} 1 4 5700 Test fits of program 8 52,600 Coordination of consultant scope 4 5500 Produce report for Owner Team 4 5500 3 FSS2 Test Fit e2: Site visit 1.5 1.5 5488 Notes 2 5250 Research on available site info 4 5500 Test fits of program 8 8 52,600 Coordination of consultant scope 4 5500 Produce report for Owner Team 4 5500 4 0554 Test Fit el: Site visit 1.5 1,5 5488 Notes 2 5250 Research on available site info 4 5500 Test fits of program 8 8 52,600 Coordination of consultant scope 4 5500 Produce report for Owner Team 4 $500 5 F$54 Test Fit t2: Site visit 1.5 1.5 5488 Notes 2 5250 Research on available site info 4 5500 Test fits of program 8 8 52400 Coordination of consultant scope 4 5500 Produce report for Owner Team 4 5500 6 Additional round of site visits 4 4 51.300 7 Community Meeting 1: Materials prep Meeting 8 Community Meeting 2: Materials prep 4 5500 Meeting 4 4 51,300 9 Me et with Owner Team to discuss site options 4 4 51300 Meeting notes and follow -up with consultants 2 5250 4 5500 4 4 51,300 Total WAU Hours and Fee Consultant Fees C1 Operations - TCA C2 Landscape - Swift C3 Civil -LPD C4 Cost - Robinson TOTAL WAU 1096 Consultant Mark -up CONSULTANTS TOTA L 58 128 527,600 C5 Geotech - Hart Cromer WAU 1036 Consultant Markup GEOTECHTOTAL 53,600 55,144 512,000 52,000 522,744 52,274 525,018 296 Reimbursables Allowance, incl. 10% Mark -up 539,472 53.947 $43,415 52,113 TOTAL srrE SELECTION FEE 898,150 Exclusions: Additional site analysis beyond 2x station More than two traps to Tukwila to visit potential sites More than two community outreach meetings Eminent Domain site selection support documentation Discussions with neighboring FDs regarding joint use Additional response modeling support 135 Init. Document B252" - 2007 Standard Form of Architect's Services: Architectural Interior Design EXHIBIT E for the following PROJECT: (Nance and location or address) Tukwila Fire Stations 51, 52 and 54 Tukwila WA THE OWNER: (Name, legal status and address) City of Tukwila 6200 Southcenter Boulevard Tukwila WA 98188 THE ARCHITECT: (Name, legal status and address) Weinstein AU LLC, Limited Liability Company dba: Weinstein A +U Architects + Urban Designers LLC 2200 Western Avenue Suite 301 Seattle, Washington 98121 THE AGREEMENT This Standard Form of Architect's Services is part of or modifies the accompanying Owner- Architect Agreement (hereinafter, the Agreement) dated the Seventeenth day of April in the year Two Thousand Seventeen , (In words, indicate day, month and year.) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECTURAL INTERIOR DESIGN SERVICES 3 ADDITIONAL SERVICES 4 OWNER'S RESPONSIBILITIES 5 COST OF THE WORK 6 COMPENSATION 7 SPECIAL TERMS AND CONDITIONS ARTICLE 1 INITIAL INFORMATION The Architect's performance of the services set forth in this document is based upon the following information. Material changes to this information may entitle the Architect to Additional Services. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard farm. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences, Consultation with an attorney is encouraged with respect to its completion or modification. This document provides the Architect's scope of services only and must be used with an owner- architect agreement. It may be used with G802T'd -2007, Amendment to the Professional Services Agreement, to create a modification to any owner - architect agreement. AIA Document B252Te — 2007. Copyright © 2005 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA, Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the taw. This document was produced by AIA software at 15:34:33 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (1484154892) 137 1 Init. 138 (List below information that will affect the Architect 's performance, including the Owner's Budget for the Cost of the Work, and the Owner's anticipated dates for commencement of construction and Substantial Completion) Refer to 'Exhibit A: B101 -2007 Ex. A' for Initial Information ARTICLE 2 ARCHITECTURAL INTERIOR DESIGN SERVICES § 2.1 The Architect shall manage and administer the Architectural Interior Design Services. The Architect shall consult with the Owner, research applicable criteria, attend Project meetings, communicate with members of the Project team and issue progress reports. The Architect shall coordinate the services provided by the Architect and the Architect's consultants with those services provided by the Owner and the Owner's consultants. § 2.2 The Architect shall prepare, and periodically update, a schedule of Architectural Interior Design Services that identifies milestone dates for decisions required by the Owner, services furnished by the Architect and completion of documentation to be provided by the Architect. The Architect shall coordinate the Architectural interior Design Services schedule with the Owner's Project schedule. § 2.3 The Architect shall submit documents to the Owner at intervals appropriate to the process for purposes of evaluation and approval by the Owner. The Architect shall be entitled to rely upon approvals received from the Owner to complete the Architectural Interior Design Services. § 2.4 Except with the Owner's knowledge and consent, the Architect shall not (1) accept trade discounts; (2) have a significant financial interest; or (3) undertake any activity or employment or accept any contribution if it would reasonably appear that such activity, employment, interest or contribution could compromise the Architect's professional judgment. § 2.5 PROGRAMMING PHASE SERVICES § 2.5.1 The Architect shall consult with representatives of the Owner to review the applicable requirements of the Project in order to understand the goals and objectives of the Owner with respect to their impact on the Owner's space requirements. § 2.5.2 The Architect shall review the requirements necessary for the various Project functions, relationships or operations, such as those for existing and projected personnel, space, furniture, furnishings and equipment, operating procedures and communications. § 2.5.3 The Architect shall assist the Owner in the preparation of a budget for the Work and a Project schedule. § 2.5.4 The Architect shall gather information to be furnished by the Owner's representatives to aid the Architect in understanding the Owner's present, short -term and long -term personnel and space requirements, including special equipment needs, organizational structure, adjacencies and workflow. § 2.5.5 The Architect shall conduct interviews with the Owner's representatives and shall observe existing conditions at the Owner's facilities. § 2.5.6 The Architect shall develop personnel space standards based upon an evaluation of the functional requirements and standards of the Owner. Personnel space standards shall take into consideration the design and layout of furniture system workstation environments, if applicable. The proposed space standards shall be submitted for the Owner's review and approval. § 2.5.7 The Architect shall develop a general understanding of the Owner's equipment requirements, including data and telecommunications equipment, reproduction equipment and the corresponding environmental conditions required to maintain such equipment. § 2.5.8 The Architect shall prepare a written summary of observations and make recommendations with respect to the planning of the facility. The Architect shall prepare a written space program for the Owner's review and approval. ALA Document B252"' — 2007. Copyright ® 2005 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAl° Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this A1A4 Document, or any portion of ft, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:34:33 on 0312412017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (14234154992) Init. (Paragraphs deleted) § 2.7 SCHEMATIC DESIGN PHASE SERVICES § 2.7.1 Based on the approved written program, the Architect shall prepare for the Owner's approval adjacency diagrams showing the general functional relationships for both personnel and operations. § 2.7.2 The Architect shall review with the Owner alternative designs and methods for procurement of the furniture, furnishings and equipment, and shall notify the Owner of anticipated impacts that such designs and methods may have on the Owner's program, financial and time requirements, and the scope of the Project. § 2.7.3 Upon approval of the adjacency diagrams, the Architect shall prepare a space plan that delineates the location awaits, doors, windows, rooms, offices, workstation areas and special use areas to conform to program requirements. The Architect shall submit the space plan for the Owner's review and approval. § 2.7,4 The Architect shall prepare the design concept for the Project, indicating the types and quality of finishes and materials and furniture, furnishings and equipment. § 2.7.5 The Architect shall assist the Owner in the preparation of a preliminary Project schedule and when the Project requirements have been sufficiently identified, the Architect shall prepare a preliminary estimate of the Cost of the Work. § 2.8 DESIGN DEVELOPMENT PHASE SERVICES § 2.8.1 Based on the approved Schematic Design, the Architect shall prepare and present, for approval by the Owner, Design Development Documents, which shall consist of drawings and other documents describing the size and character of the interior construction of the Project. (Paragraph deleted) § 2.8.3 The Architect shall illustrate the architectural and decorative character of the Project. Such illustrations may include drawings, plans, elevations, sections, renderings, photographs, and samples of actual materials, colors and finishes. § 2.8.4 The Architect shall assist the Owner in the preparation of adjustments to the preliminary schedule and estimate of the Cost of the Work. § 2.9 CONTRACT DOCUMENTS PHASE SERVICES § 2.9.1 Based on the approved Design Development Documents and other documents including schedule and estimate of the Cost of the Work, the Architect shall prepare Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings, Specifications and other documents required to describe the interior construction necessary for the Project. § 2.9.2 The Contract Documents shall include plans, elevations, sections, schedules, details and specifications required to describe the interior construction work. (Paragraph deleted) § 2.9.4 The Architect shall assist the Owner in the preparation of the necessary Quotation and Bidding Documents. § 2.9.5 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 2.10 BIDDING AND QUOTATION PHASE SERVICES § 2.10.1 Following the Owner's approval of the Contract Documents, the Architect shall assist the Owner in establishing a list of prospective contractors for construction and vendors for furniture, furnishings and equipment. § 2.10.2 The Architect shall assist the Owner in obtaining competitive bids or negotiated proposals for construction and quotations for furniture, furnishings and equipment. AIA Document 8252' — 2007. Copyright 12005 and 2007 by The American institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIM Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AiA software at 15:34:33 on 03/24/2017 under Order No.1 01 1297 423_1 which expires on 10/01/2017, and is not for resale. User Notes: (1484154992) 139 § 2.10.3 Bidding Documents shall consist of bidding requirements and the proposed Contract Documents. § 2.10.4 Quotation Documents shall consist of quotation requirements and the proposed Contract Documents. § 2.10.5 The Architect shall prepare written responses to questions from prospective contractors and vendors and provide Britten clarifications and interpretations of the Bidding and Quotation Documents in the form of addenda. § 2.10.6 The Architect shall assist the Owner in reviewing bids and quotations. The Architect shall assist the Owner in awarding and preparing agreements for the Project. § 2.10.7 If the Owner and Architect agree that the Architect will purchase furniture, furnishings and equipment on behalf of the Owner with fiends provided by the Owner, the duties and compensation related to such additional services shall be set forth in a separate agreement. (Paragraphs deleted) ARTICLE 3 ADDITIONAL SERVICES § 3.1 In addition to the Architectural Interior Design Services described above, the Architect shall provide Additional Services only if specifically designated below as the Architect's responsibility. The Architect shall perform such Additional Services in accordance with a service description provided in Section 3,2 or attached as an exhibit to this services document. (Designate the Additional Services the Architect shall provide in the second column of the table below. In the third column indicate whether the service description is located in Section 3.2 or in an exhibit attached to this services document. If in an exhibit, identify the exhibit) snit Services Responsibility (Architect, Owner or Not Provided) Location of Service Description (Section 3.2 below or an exhibit attached to this document and identified below) § 3.1.1 Measured Drawings Not Provided § 3.1.2 Existing FF &E Inventory Not Provided § 3.1.3 Valuations/Appraisals of Existing FF &E Not Provided § 3.1.4 Special Studies and Surveys Not Provided § 3.1.5 Graphics & Signage Design Not Provided § 3.1.6 Art Selection and/or Procurement Not Provided § 3.1.7 Special Consultants Not Provided § 3.1.8 Studies Related to Future FF &E Not Provided § 3.1.9 Detailed Cost Estimates Architect Section 3.2 § 3.1.10 Detailed Quotation Review Not Provided § 3.1.11 Receive/Inspect /Accept /Reject Furniture Not Provided § 3.1.12 Post - Occupancy Evaluations Not Provided § 3.1.13 Operating Cost Analysis Not Provided § 3.1.14 Extending Services after Project Completion Not Provided § 3.1.15 Reviewing Extensive Number of Claims Not Provided § 3.1.16 Vendor Default Services Not Provided § 3.1.17 Damage Replacement Consulting Not Provided - - § 3.1.18 Public or Legal Proceedings Activities Not Provided § 3.1.19 On -Site Project Representation (B2O7TM- 2008) Not Provided MA Document B252 - 2007. Copyrights 2005 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAz' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIM 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 A]A software at 15.34:33 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: 140 (1484154992) § 3.1.213 Equipment Testing and Training Not Provided § 3.1,21 Premium -Grade Casework and Custom Furniture Design Not Provided § 3.2 Insert a description of each designated Additional Service the Architect shall provide if not further described in an exhibit attached to this document. § 3.2.1 Detailed Cost Estimates: Work and materials related to the Architectural Interior Design scope will be priced and incorporated into the Detailed Cost Estimates produced as part of the Design Services, as described in Exhibit B: B l O l -2047. § 3.3 Additional Services may be provided after execution of the Agreement, without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 3.3 shall entitle the Architect to compensation pursuant to Article 11 of Exhibit B, and an appropriate adjustment in the Architect's schedule. (Paragraphs deleted) ARTICLE 4 OWNER'S RESPONSIBILITIES (Paragraph deleted) § 4.2 The Owner shall be responsible for the relocation or removal of existing furniture, furnishings and equipment, and the contents from the facility, unless specifically designated otherwise in Article 7. (Paragraphs deleted) § 4.5 Unless otherwise provided for under the Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the. Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 4.6 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 5.1; (2) the Owner's other costs; and (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project's scope and quality. § 4.7 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. (Paragraphs deleted) § 4.11 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 412 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. AIA Document 8252T"' — 2007. Copyright © 2005 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIM' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA, Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the taw. This document was produced by AIA software at 15:34:33 on 03/24/2017 under Order No.1011297423_1 which expires an 1010112017, and is not for resale. User Notes: (1484154992) 141 (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) ARTICLE 7 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Standard Form of Architect's Services: Architectural Interior Design, if any. are as follows: AIA Document B252° — 2097. Copyright © 2005 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and internationat Treaties. Unauthorized reproduction or distribution of this AIM' Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This document was produced by AIA software at 15:34:33 on 0312412017 under Order No.1011297423_1 which expires on 10/0 lama, and is not for resale. User Notes: (1484154992) 142 Additions and Deletions Report for AIA® Document B252rM — 2007 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 15:34:33 on 03/24/2017. PAGE1 EXHIBIT E Tukwila Fire Stations 51, 52 and 54 Tukwila WA City of Tukwila 6200 Southcenter Boulevard Tukwila WA 98188 (Name, legal staters and address) Weinstein AU LLC, Limited Liability Company dba: Weinstein ABU Architects + Urban Designers LLC 2200 Western Avenue Suite 301 Seattle, Washington 98121 This Standard Forth of Architect's Services is part of or modifies the accompanying Owner- Architect Agreement (hereinafter, the Agreement) dated the Seventeenth day of April in the year Two Thousand Seventeen PAGE2 Refer to 'Exhibit A: B101-2007 Ex. A' for Initial Information PAGE 3 2.6.1 At the rcquos Additions and Deletions Report for AIA Document B252Tm — 2007. Copyright © 2005 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA* Document is protected by U.S. Copyright Law and Intemationat Treaties. Unauthorized reproduction or distribution of this A1A0 Document, or any portion of it may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:34:33 on 03/2412017 under Order No.1011297423 1 which expires on 10/01/2017, and is not for resale. User Notes: _ (1484154992) 143 § 2.6.4 The Architect shall review the quality and quark worlcletter. PAGE 4 § 2.11 -CONSTRUCT49N —PHASE SERVICES § 2.11.1 GENERAL under the Agreement unless the Owner and the Architect amend the Agreement_ with the award of the Contract for Construction and terminates on the date the Architect issues-the-final Certificate for Payment, § 2.111.4 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Additions and Deletions Report for AIA Document B252TM — 2007. Copyright (Cl 2005 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAs Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15 :34:33 on 03124!2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (1484154992) 144 § 2.11.2 EVALUATIONS OF THE WORK ■ the Work. by4hc Architect. Additions and Deletions Report for AIA Document B252TM — 2007. Copyright © 2005 and 2007 by The American Institute of Architects. Ail rights reserved. WARNING: This AIM, Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:34:33 on 03/24/2017 under Order No. 1011297423_1 which expires an i010112017. and is not for resale. User Notes: (1484154992) 145 § 9 11 5 f'LIAM�•_CC IAI T E Ul!]f711 § 2.11.5.2 The Architect shall maintain records relative to Changes in the Work. § 2,11.6.2 The Architect's inspection shall be conducted with the Owner to check conformance of the Work with the Contractor of Work to be completed or corrected. balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work, and Equipment. Additions and Deletions Report for AIA Document B252 ' — 2007. Copyright© 2005 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This Al* Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AV' Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:34 :33 on 03/24/2017 under Order No.1011297423_1 which expires on 10101/2017, and is not for resale. User Notes: (1484154992) 146 equiforieft with the Work. § 3.1.1 Measured Drawings Not Provided § 3.1.2 Existing FF &E Inventory Not Provided § 3.1.3 Valuations/Appraisals of Existing FF &E Not Provided § 3.1.4 Special Studies and Surveys Not Provided § 3.1.5 Graphics & Signage Design Not Provided § 3.1.6 Art Selection and/or Procurement Not Provided § 3.1.7 Special Consultants Not Provided § 3.1.8 Studies Related to Future FF &E Not Provided § 3.1.9 Detailed Cost Estimates Architect Section 3.2 § 3.1.10 Detailed Quotation Review Not Provided § 3.1.11 Receive/Inspect/Accept /Reject Furniture Not Provided § 3.1.12 Post- Occupancy Evaluations Not Provided § 3.1.13 Operating Cost Analysis Not Provided § 3.1.14 Extending Services after Project Completion Not Provided § 3.1.15 Reviewing Extensive Number of Claims Not Provided § 3.1.16 Vendor Default Services Not Provided § 3.1 17 Damage Replacement Consulting Not Provided § 3.1.18 Public or Legal Proceedings Activities Not Provided § 3.1.19 On -Site Project Representation (11207m-2008) Not Provided § 3.1,20 Equipment Testing and Training Not Provided § 3.1.21 Premium -Grade Casework. and Custom Not Provided Furniture Design Additions and Deletions Report for AIA Document B25211' — 2007. Copyright © 2005 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIM Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15 :34:33 on 03/24/2017 under Order No :1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (14841 54992) 147 PAGE 5 3.21 Detailed Cost Estimates: Work and materials related to the Architectural Interior Design scope will be priced and incorporated into the Detailed Cost Estimates produced as part of the Design Services, as described in Exhibit B: B101-2007. § 3.3 Additional Services may be provided after execution of the Agreement, without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 3.3 shall entitle the Architect to compensation pursuant to Section 6.3, Article 11 of Exhibit B, and an appropriate adjustment in the Architect's schedule. method; der ef Architect; .3 Preparing Change Orders, and Construction Change Directives that require evaluation of Contractor's .4 Evaluating an extensive number of Claims; Additions and Deletions Report for AIA Document BI5ZTM — 2007. Copyright © 2005 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIM Document is protected by U.S Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIA" Document, or any portion of it. may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA software al 15.34-33 on 0312412017 under Order No.1011297423_1 which expires on 1010112017, and is not for resale. User Notes: (1484154992) 148 .2 .3 .4 Gentraeter ( )visits -to -tile site by the Architect over the duration of the Project during construction ( ) inspections for any portion of the Work to determine whether such portion of the Work is ) inspections for any portion of the Work to determine final completion aka .i. t the Protect_. PAGE 6 ARTICLE c COST r►c Cur WORK Additions and Deletions Report for MA Document 13252"t— 2007. Copyright ® 2005 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AtAz Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA5 Document, or any portion of it, may resutt in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIR software at 15:34:33 on 03/24/2017 under Order No.1 01 1 297 42 3_1 which expires on 10/01/2017. and is not for resale, User Notes: (1484154992) 149 techniques. If an increase in thc Contract Sum occurring after execution of the Contract between the Owner and the .5 implement another mutually acceptable alternative. modify the Contract Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Contract Documents Phase Services, or thc budget as adjusted under Section 5.6A. The Article 5. ARTICLE 6 COMP €NSATION {fnscrt- anmount of or bads for, compensation.) Additions and Deletions Report for AIA Document 8252" — 2007. Copyright© 2005 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIM Document is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this MA1 Document, or any portion of it, may result in severe civil and criminal penalties, and wilt be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15 :34:33 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (1404154992) 150 Programming-Phase Pre lease Analysts and Contract Do t mci s Phase Administratien-Phase A ti n Phase f T:Ttap'7Il"fpil'R"[]ii'C pieFeertH- percent ( percent ( percent ( percent ( percent ( t ttftt wed percent The rates shall be adjusted in accordance with Employee or Category svo Rate Additions and Deletions Report for AIA Document B252TM — 2007. Copyright © 2005 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIM Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This document was produced by AIA software at 15:34:33 on 03/24/2017 under Order No.1011297423_1 which expires on 10/01/2017, and is not for resale. User Notes: (1484154992) 151 152 Certification of Document's Authenticity AlA'e Document D401 TM — 2003 1, , hereby certify, to the best of my knowledge, information and belief, that 1 created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 15:34 :33 on 03/24/2017 under Order No. 1011297423_1 from AIA Contract Documents software and that in preparing the attached final document 1 made no changes to the original text of AIA'° Document B252TM — 2007, Standard Forma of Architect's Services: Architectural Interior Design, 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 0401'' — 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 15:34:33 on 03/24/2017 under Order No.1011297423_1 which expires on 10101/2017, and is not for resale, User Notes: (1484154992) 153 154 WEINSTEINA +U ARCHITECTS + URBAN DESIGNERS "LI. G?ii... re G /%.r /6. //_ /. r.ei / /.%e..i V,.1Li. r, /. . .. ._ / gg Fire Station 06 1 56instein A+U Fire Station 10 / Emergency Operations Center / Fire Alarm Center Weinstein A +U 157 _.--- --,. Ne. .0' ,---- .., .7..„ -.....-.F. ; -....-_,.. .A., Q; •=--dif 1 ....t: ,..... ---"nt-Pl.7-11SINCri ''' 7 /7:111 ' Alrill.111rraini I mENE 111111 mann EMEN1111111111•1 M•11- i MEIN IMMINIU •INIM• ••111•11•1•11r1 1111•111N EilliFil ••• n••Id Knurl MP 14E4 III• • 1 •••llt •••• 11•••1111it 21 1 1 58instein A+U Kenmore City Hall Mr Weinstein A +U 159 1116. Nor AIMS 'op Al T A 160 City of Tukwila City Council Public Safety Committee PUBLIC SAFETY COMMITTEE Meeting Minutes April 3, 2017 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Thomas McLeod, Chair; Joe Duffie, De'Sean Quinn Staff: David Cline, Bob Giberson, Jay Wittwer, Laurel Humphrey Guests: Justine Kim and Carrie Holmes, Shiels Obletz Johnson CALL TO ORDER: Committee Chair McLeod called the meeting to order at 5:30 p.m. I. ANNOUNCEMENT II. BUSINESS AGENDA A. Public Safety Plan Quality Assurance /Quality Control The Committee reviewed draft qualifications and scope of work for an independent quality assurance /quality control consultant to provide advice to the City Council regarding the Public Safety Plan. Councilmembers expressed support for the draft but requested that the section on reporting include a provision for quarterly reports "or as otherwise directed." Staff will return to Committee with a draft Request for Qualifications and more information about the cost based upon this feedback. RETURN TO COMMITTEE. B. Contract: Fire Station Architectural and Engineering Services Staff is seeking Council approval of a contract with Weinstein A +U in an amount not to exceed $2,089,717.00 for fire station architect and engineering services as part of the Public Safety Plan. This contract includes architectural /engineering services, programming services, site selection process assistance, fire station specialty consulting, and geotechnical engineering services. It is assumed that using one firm for all three stations will yield lower costs and streamlined processes. Weinstein A +U was selected from an original eleven submissions on the strength of its experience, design strength and reputation. TCA was another high scoring candidate and has been tapped to work with Weinstein A +U as a subcontractor on the projects. Committee members asked clarifying questions. The fire station location report is scheduled to be completed in the next few weeks. The City Attorney will provide information to Council regarding legal considerations around the planned location for Station 51. UNANIMOUS APPROVAL. FORWARD TO APRIL 10, 2017 COMMITTEE OF THE WHOLE. 161