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HomeMy WebLinkAboutPS 2017-08-07 COMPLETE AGENDA PACKETCity of Tukwila Public Safety Committee O Thomas McLeod, Chair O Joe Duffie O De'Sean Quinn AGENDA MONDAY, AUGUST 7, 2017 — 5:30 PM HAZELNUT CONFERENCE ROOM (At east entrance of City Hall) Distribution: Recommended Action T. McLeod Mayor Ekberg J. Duffle D. Cline D. Quinn C. O'Flaherty D. Robertson L. Humphrey Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a. A contract for architect and engineering services for the a. Forward to 8/14 C.O.W. Pg.1 Justice Center. and 8/21 Regular Mtg. Bob Giberson, Public Works Director b. Update/review on upcoming Public Safety Open House. b. Committee Discussion Chair McLeod c. Review of Public Safety Committee Workload. c. Committee Discussion Pg.69 Chair McLeod 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Monday, August 21, 2017 i& The City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk's Office at 206-433-1800(TukwilaCityClerk(a)TukwilaWA.aov) for assistance. ���uk�wil�a.. ..................... ...... . ... .............. .......... - Allan Ekberg, Mayor I I z 1 0101 N iv, TO: Public Safety Committee FROM: Bob Giberson, Public Works Director CC: Mayor Ekberg DATE: August 2, 2017 SUBJECT: Architect and Engineering Services Contract for the Justice Center ISSUE The City requires the services of an architect and engineering firm for the design and programming of the Justice Center in the Public Safety Plan. After thorough staff review of the candidate firms that responded to the City's Reqiuest for Qualifications, the City Council is being asked to approve a contract with DLR Group, Inc. for a contract not to exceed $2,146,084.00, which includes $1,295,000.00 for the architectural/engineering basic and additional', services for $ 851,084.00 for the programming phase, security electronics systems and d�etentioquipment coon, civil and landscaping consulting services among other expenses. 10121NIza"IML.1 llt$ ON W74 6 RECOMMENDATION 4-T AM Scoring Sheet Request for Qualifications r Tukwila Justice Center NE Scoring June 28, 2017 Firrn 114 ,ns Avcnlab;e DLR Grout, muter Hull nts Proposal average Interview average 50.0 39.4 38.1 39.6 37.6 50.0 44.2 43.7 34,3 Total 10110 83.6 74.9 71.9 Rank IMIE1111= 4 m Cj�(of Tukwila Contract Number: TBD 6200 Soiuthcenter Boulevard, Tukwila WA 98188 lilll:xst ILI] klf--j THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and DLR Group inc., a Washington corporation, hereinafter referred to as "the Consultant"', in consideration of the mutual benefits, terms, and conditions hereinafter specified. Pa. 12 Scoj2e of Services. The! Consultant agrees to perform the services, identified on Exhibits A, B, and C attached! heretoi, including the provision of all labor, materials, equipment and supplies,. Duration of Aqreement; Time for Performance. This Agreement shall be in full force a effect for a period commencing upon execution and ending at the completion of constructio unless sooner terminated under the provisions hereinafter specified, Work under th Agreement shall commence upon wriften notice by the City to the Consultant to proceed. T Consultant shall perform all services and provide all work product required pursuant to t�h Agreement no �later than December 31, 2020, unless an extension of such time is granted writinA by the City. I Payment. The Consultant shall be paid by the City for completed work and for servic rendered under this Agreement as follows- I A. Payment for the work provided by the Consultant shall be made as provided on Exhibi A, B and C attached hereto, provided that the total amount of payment to the Coiinsulta shall not exceed $2,146,084 without express written modification of the Agreement sign My the City. I B. The Consultant may subouchers to the City once per month during the progress the work for partial payment for that portion of the project comipileted to date.. Su vouchers will be checked by the City andi, upon, approval thereof, payment shall be ma, to the Consultant in the amount a�pproved. I 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 sectioompensation for work performed, services rendered�, and for all materials, supplieis, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be ke"" available for inspection by representatives od the state of Washington fo r period of three (3) years after final payments. Copies shall be made available up request. 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. & Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A, Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 11 AutomobileLiabilit 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 )eased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 010 01 or a substitute form providing equivalenit liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2Commercial General Liabili insurance with limits no less than $1,000,,000 each occurrence, $2,000,000 generaill aggregate. Commercial General! Liability insurance shall be written on ISO occurrence form CG 00 M' and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named' as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City, 3. Workers' Compensation coverage as rerd by the Industrial, Insurance laws of the State of Washington. CA revised, 4-2017 4. Profess ioa,bil ity with limits no less than$ 1, 000, 000 per claim and $1 !11 011 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 AVll. 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. A SIndependent 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, ands that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its, discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11, Discrimination Prohibited, The Consultant, with regard to the work performed by it under this Agreement,, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. CA revised : 4-2017 Im 1Z Ass ignmen . 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 (1 0) 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 team 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. 16Severability and Survival. If any term, condition or provision of this Agreement is declared www unenforceable or limited in its application or effect, such event shall not affect any othei provisions hereof and afli other provisions shall remain fufly 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. 11 Ii IRS! llil Ili Rli iii 11111 !1 1111 City Clerk City of Tukwila Tukwila, WA 98188 1 11 111 1 lll!� .04 - DLR Group inc. 51 University, Suite 600 Sea'Ve 44 98101 18. Entire Agreement; Modification,. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties, 19. Inconsistent Provisions: In the event provisions of this Agreement are expressly inconsistent with Exhibits A, B and C, the provisions in this Agreement shall supersede those contained within Exhibits A, B and C. CA re0sed: 4-2017 Page 4 E-11 EM [011=030141IRTMI Attest/Authenticated: City Clerk, Christy Oflaherty CA revised ; 4-2017 120 CONSULTANT By: Printed Name - Title: Approved as to Form gm x I DLR Group ArchRecture EngineeHng Pfannang Bnwrkxs 51 UmveTsfty Street, &0 600 Seattle,, WA 98'14 1 HMMMM Justine Kim Shiels Obletz Johnsen 800 e 4130 Seattle, WA 98104 justinek@sojsea,corn Project Name: City of: Tukwila Justice Center DLR Group Project No.: TBD IEMM= Dear Justine: EXHOT A, - PROPOSAL This letter will serve as our proposal for Professional Services for the City of Tukwila Just�ice Center in Tukwil�a, WA, The scope of services is based on providing: design services for a new center for police, cou�rt, and EOC colocatiion, with! an approximate square footage of 44,100 GSF and an estimated construction budget of $14,600,000 (MACC). The MACC provided in the request for proposals equals a cost of $331 /sf. The MACC was used in calculations in the Washington State Fee Schedule matrix. This Professional Services Agreement is, a prwww sail for the Scope of Services outlined in the Professional Services Agreement. During pre-chesin phase, we wild work with the City to identify multiple factors which may determine parameters above and beyond assumptions used for this proposal. This proposal shall be based on the information known at this time in lieu of factoring more extreme assumptions, and we will work with the City to revise the scope of services through additional services as necessary should factors significantly change the scope of the project. Assumptions included in this proposal include the following. • Initial program document�s that will be verified in pre -design i'nc:ludei Police, Court, and EOC totaling 44,100 GSF. • Site w• selected will be an urban, previously developed site in the City of Tukwila with utility connections and standard site infrastructure available. Wetlland mitigation and flood plain design and deivelopment are not idered a factor on a previously developed site, consi I • The project is not required to be certified for LEED�, WELL Building, or equal certification process:, Design strategies for sustainability will be implemented as standard practice, bon documentation is not inicluded�. 11 �Ill 01411111 MINI 1011ill Ill 1461111111 illiM I TJOW611111111111 L T 1! 4,600,000 (MACC) Schedule 'X 4r a Fire and Police Staiion a) Base A&E fee iIncluding interiors Refer to attached tables for fee distribution by Phase. Additional Services per State of Washington Fee Guidelines i I III I ill F TERM Ill ii Il 111101111111 i ��i c) Interior Furnishings, FF&E, U.S. Communities Program Design & purchasing schedule only - purchasing and i'nstal�lation by Owngr 096MM 1 11 z) Additional On Site CA Phase Representation $69,000 (Basic Services includes Bi-monthily, Addition Services would result in weekly) 0 Renderings & Models Included g) Security Electronics Systems and Detention Equipment $40,000 I Civil Engineering Consultant; on site & off site $120,000 j) Landscape Consultant $100,000 k) GC/CM Coordination $40,000 1) Acoustical Design $35,0100 mi) As -built record drawings $24,000 n) Value analysis $24,000 Subtotal Additional Services $745,250 ,ti) DLR Group Reirnibursable Costs,, Design Printing, Mailing. 71,409 Note: Expenses will be billed in lump suim billing 12 Justine Kim July 27, 2017 Page 3 p) DLR Group Consultant Markup (10%) 34,425 Note: DLR Group does not require markup on DLR Group integrated design team q) independent Commissioning program (Owner's consultant) — r) LEED Certification fee and documentation (Owner project cost) — s) Site Survey (owner project cost) — t) Geotechnical survey, design letter and' inspections (Owner project cost) — u) Testing and' balancing (Owner project cost) — v) Hazardous Materials study & abatement (owner project cost) — w) Traffic Consultant (owner project cost) — x) Building Envelope Design (Owner project cost) — Grand Total Design Services $2,146,084 Professional Services Scope: UNK 04 Jim" Group and our consultants, is a lump sum amount of two milliion one hundred thousand forty-six hundred ei�ght�y-four ($2,146,084). The fee is derived based on the current Washington State Guidelines for Determining Architect/ Eng i neer Fees for Public Works Building Projects. Thank you for the opportunity to provide these professional services, and we look forward to our continued partnership with City of Tukwila. Sincerely, DLR Group William J. Valdez Principal in the Firm Architect/Engineer Fees for Public Works Building Projects 13 1(-01 FifthAvenue, Suke 1600 Seattle WA 98M 206,622,&822 kpff,c.qwn TOM Ms. Erica Loynid, AIA DLR Group 1'0230 Northeast Points Dr! Kirkland, WA 98033 1 Subject: Tukwila Justice Center Proposal for Civil Engineering Services We are pleased to submit this proposal to provide civil engineering servi�ces for the Tukwila Justice Center, Our scope of work is based on your ernailsi defining scope of work prior to this letter date. We understand the proposed Justice Center will be located in the City of Tukwila on one of three sites to be determined generally along Tukwila International Boulevard. The proposed building is approximately 42,000 square feet with a project site of approximately 4 acres. The Maximum Allowed Construction Cost is currently budgeted at $14.6 million. The project will be constructed with a General Contractor/Construction Manager contract with SO,j as the owners representative. We understand the preliminary schedule is as follows: Predesign PREDESIGN December 2017 FRIT-NUMMMIME waw.01, Wo.. - 1*1 W"' WIM-11007 IM, July 27, 2017 Page 2 • Participate in four team coordination Go -To meetings (one hour each), • Participate in one client presentation. • Connect with the City of Tukwila Public Works, Valley View Sewer District, and Water District No. 125 to determine their site-specific requirements for development. • Prepare a comprehensive civil site plan and basis of design narrative. The purpose of this plan is to identify alll proposed civil elements and have enough design, to provide quantities for cost estimating, site layout decision making,, and to address potential issues. • Preliminary Drainage Report for review by the City of Tukwila. • Prepare truck turning studies outside building as necessary. DESIGN DEVELOPMENT- CONSTRUCTION CLOSEOUT We will prepare documents for review, permitting, bidding, and construction. Our plans and specifications will include erosion control, demolition, horizontal control, grading, paving, utilities, and storm drainage. We assume the following submittals will be required: • Design Development (50% and 95%) • Construction Documents (50%, permit and bid) • As -built Record Documents Other tasks and deliverabl�es anticipated at thiis period include: • Prepare Storm Drainage Technical Information Report for submittal to the City of Tukwila. • Respond to design review comments from the stakeholders. • Participate in informal value engineering and/or cost reconciliation efforts as necessary to support project budget goals. • Participate in two client presentations. • Participate in weekly team Go -To meetings through design as necessary. 15 Ms. Erica Loynd, Al July 27, 2017 Page 3 1 ;I i I .' [ILOJIIIIILw- ow 11.11111 M IM 11114111111 wiffura-1 kys III" [sit �[- M& • Participate in on, -site visits as necessary to support the construction of civil plan elements, such as preconst�ruction meetings, weekly meetings (with specific civil issues), site progress observation, or addressing unknown conditions. • Conduct a final site walkthrough and prepare a punch -list and a folllow-up back -punch after GCCM has addressed the punch -list. • Review submittails and respond to requests for information (RFIs). Provide construction support, including clarification via telephone of our contract documents. Review change orders and substitution requests. • Draft construction as -built record documents based on clearly readable redline mark-ups from contractor. Topographic and utility survey in AutoCAD format, 2015 version or later. Survey shall also conform to the drafting standards, required by the jurisdictional authority as well as meet the requirements of the attached KPFF Request for Survey Information dated January 23, 2015. The surveyor shall also provide a Flood Elevation Certificate at schematic design, if necessary, Geotechiinical report with recommendations for earthwork, pavement, subdraina design, and soil infiltration rates. i DLR/Swift will provide a site plan in AutoCAD format for our use as a background for our civil design:. Site plan, shall include building, parking, roads, walkways, ADA path of travel, planters, loading dock, etc. • The selected, site will have adequate and adjacent storm, sewer, water, and gas utility main capacity to serve the proposed development, • Electrical engineer will provide lead coordination with utility purveyors to determine power and communication infrastructure requirements. KPFF will provide plan and profiles for routing on-site power and communication ductba,nks for coordination with other utility systems (not including site, ligihting) based on design by electrical engineer. Off-site power and communication infrastructure is not required. • Electrical engineer will provide design for electrical demolition. • Swift will provide grading design through Design Development and KPFF will assume control over gradg at Construction Documents. 16 Ms,. ErIca Loynd, AIA July 27, 2017 Page 4 • &PFF will provide horizontal control to tie building wlines to survey monuments as well as vehlicular paving limlits, parking, and curbs adjacent to vehicular pavingil. • KPFF will prepiare off-site sidewalk improvement plans from curb to prww- w. perty line to City dards. Swift will provide landscape, irrigation, and non-standard sidewalk design. Except for new utility service connections, we are not anticipating -.w improvements being required. • KPFF will provide hyd�rauili�c design for bloretention facilities and/or green roofs, Swift will provide layout and planting design for these facilities. • Our plans and specifications will be stand-alone for erosion cool', demolition, horizontal control, grading, paving, utilities, and storm drainage. We assume the GCCM will develop separate or early bid packages by selecting these specific drawings and specifications particular to that bid package. Our scope does not include preparing plans that require overlap, transition designi, or additionail information beyond documenting for one bid package, An example of additional bid package work would be a rough grading plan, We will, however, support the early bid package schedule and coordination needs. • Site wall design • Details for site handrails, ramps, and stairs • Security fencing design • Lift station design (pumping) • On and off-site lighting design and light pole foundations • Undergrouniding of existing overhead utilities in public right-of-way • Floodway compensatory storage design • Turbidity Monitoring, Plan • DOE Storm Water Pollution Prevention Plan, and Notice of Intent application • Cost estimating • LEI Certification • Formal Value Engineering and Constructability Reviews 17 rt .. July 27, 2017 Page 5 * 0 0 1 1 a I I I A Jr -19001 to K It ItizATA I I M I a rXzl a 1#1 IFFNIs 0 (z] I i a I.M. I i N 101#3 110 111 ril i Pwas I lej a IF1 US i ov Is 1"0 pX, N LOJ IBM Pre,design Schematic Design 16,00 Design Development — Construction C�loseout 116,51 Reimbursable expenses are included in the above lum:p-sulm fees for miscellaneous expenses such as courier services, etc. Invoices will be submitted on, a monthly basis with payment to be made within 30 days. Thank you for this opportunity to serve DLR Group. If you have any questions concerning this proposal, please feel free to call me at (20i6) 622-5822. Sincerely, OAk...' Martin F. Chiase, PiE Principal Enclosure im Revised i:LJ:taJi3, KPFF, Inc. ("KPFF") shall perform the services outlined in this, agreement pursuant to the stated fee arrangement. 1. Additional Services Should the Scope of Services change from those set forth in the Agreement for Professional Services, the fee for such additional services will be negotiated between Client and KPFF. 2. Limitation of Liability To the greatest extent allowedby law, the aggregate liability of KPFF for any and all injuries, claims, demands, losses, expenses or damages, of whatever kind, arising out of or in any way related to this Agreement or the services provided by KPFF on this project, shall be limited to $50,000 or the total fee received by KPFF pursuant to this Agreement, whichever is greater. Further, no officer, director, shareholder or employee of KPFF shall bear any personal liability to Client for any and all injuries, claims, demands, losses, expenses or damages, of whatever kind or character, arising out of or in any way related to this Agreement or the services provided, by KPFF on this project, 3. Mediation All disputes between Client and KPFF arising out of or relating to this Agreement shall be submitted to nonbinding mediation prior to commencement of any other judicial proceeding, 4. Dispute Handling KPFF shall make no claim against Client without first providing Client with a written notice of damages and providing Client thirty (30) days to cure before an action is commenced. The Client shall make no claim either directly or in a third party claim, against KPFF unless the Client has first provided KPFF with a written certification executed' by an independent professional currently practicing in, the same discipline as KPFF and licensed in the state of the subject project. This certification shall a) contain the name and license number of the certifier; b) specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a professional perforrning professional services under similar circumstances; and c) state in complete detail the basis for the certifier's opinion that each such act or omission constitutes such a violation. This certificate shall be provided to KPFF not less than thirty (30) calendar days prior to the presentation of any claim or the institution of any judicial proceeding. B. Suspension of Services If Client falls to make payments to KPFF in accordance with this Agreement, such failure shall provide KPFF the option to suspend performance of services under this Agreement upon seven (7) days written notice to Client. In the event of a suspension of services, KPFF shall have no liability for any delays or damages caused because of such suspension. Before resuming services, KPFF shall be paid all sums due prior to suspension and any expenses incurred by KPFF in the interruption and resumption of its services. KPFF's fees for the remaining services and time schedules shall be equitably adjusted. If any invoice is in dispute, Client shall pay under written protest to keep the project on schedule and resolve the payment dispute after substantial completion, 6. Termination This Agreement may be terminated by either party with seven (7) days written notice to the other in the event of a substantial failure of performance by the other party through no fault of the terminating party. If this Agreement is terminated, KPFF shall be paid for services performed to the termination notice date, including reimbursable expenses due. 7. Ownership of Documents The drawings, calculations and specifications are instruments of service and are, and shall remain, the property of KPFF, whether the project for which they are made is executed or not. They are not to be used on other projects or extensions to this project except by agreement in writing, 8. Contract Administration It is understood that KPFF will not provide design and construction review services relating to safety measures of any contractor or subcontractor on the project. Further, it is understood that KPFF will not provide any supervisory services relating to the construction, for the project. Any opinions solicited from KPFF relating to any such review or supervisory services shall be considered only as general information and shall not be the basis for any claim against KPFF, 9. No Third Party Beneficiary Nothing in this Agreement shall create a contractual relationship with or a cause of action in, favor of any third party against KP'FF or Client, 10. No Assignments Neither party to this Agreement shall transfer, sublet or assign any rights under or interest in this Agreement (including but not limited to monies, that are due or monies that may be due) without the prior written consent of the other party. 11. Payments KPFF will submit monthly invoices. Payment is due on the date of the invoice and becomes delinquent one month thereafter. A late charge will be added to delinquent amounts at the rate of one-and-one-haif percent (1 %� %) for each one month of delinquency (or the maximum allowable by law, whichever is lower). 19 July 7, 2017 is. Erica Loynd,AIA, WELLAP Architect Q Senior Associate DLRGroup S1 University Street, Suite 600 Seattle, VVA 981,0,3, 3131 Western Avenue www, swiftcompany com Suite PA42,3 info&wiftrompariyxom St, a tI I e, VV ash ington TEL 206-632-2038 USA qga?n FAX 2r* -632-2049 RE: TukwO a Justice Center-- Landscape ArchiteCtUr a I Services Deai, Erica, The purposeof this letter istodocument our discussion this morning regarding a reduction in the project scrape of work„ the mmmum allowable constwction an-iount and Lherefo,ra redw-tion in the services and fee associated with the landscape, architecture portion cif the prole( i. Per our conversation, Swift Company i I cwiH be providing landscape arch itectura I services for the project with a totai fee of $12 3,000,0'O based on the informatiml avai I a bI eat thistime. We Book forward to workmg wah ym.,i on tlhns and further conveirs at ions as the work plan develops, Warm regards, . . . . . . . . . . . . . 0 e.-6- A 20 SYSTEMS DESIGN July, 19, 2017 Erica Loynd DLR Group 51 University Street, Suite 600 Seattle, WA 98 101 Re: Tukwila Justice Center (Revised) Subject: R&N's Fee Proposal In response to your email we are pleased to submit Our fee proposal to provide security consulting design services for the referenced project. It is our understanding that this project is the construction of a 38,100 square foot Police Station and Courts building, This proposal is based on the following, scope for the security electronic systems and detention equipment. The services described below would include a 100% set of design documents and construction administration services. I. Security Electronics Systerns: a. Locking Controls. b. Access Control, c. Intercom / Paging. d, Video Surveillance. e. Auxiliary equipment for the above systems to include UPS and Transient Surge Suppression. During the construction document phase of the project R will produce a complete specification and prepare a complete set of drawings to include device layout and diagrammatic conduit routing. 2, Detention Equipment: a. Detention Hollow Metal for doors and windows. b. Detention Hardware, including pedestrian circulation gate hardware. c. Security Glass. During the construction document please R&N will work with the architect to assist in developing the detention door schedule. R will review, coordinate, and redline the security door schedule and door/frame elevations to incorporate the security hardware and security glass. Additionally, we will review the door and frame types for proper application and coordination. The architect would develop the drawings of the door and frame elevations and prepare the door and frame schedule for review and red -line by R&N. We would anticipate that out, services during the different phases would be as defined below. 615 OAKLEAF OFFICE LN MEMPHIS, TENNESSEE 38117 TE -1 901-309-o 11 S FAX 901-309-0292 21 amalum M404 R 1. Schematic Design: a. Provide Systems Narrative for the facility. 2. Design Development: a. Provide security electronics device layout oil floor plans, b. Provide detention equipment infon-nation, oil drawings or schedules defining the security doors / locks / windows and security glass. c. Provide a specification of detention equipment and security systems equipment at this stage. d. Our fee includes one (I ) trip for client presentation and coordination at this phase. 3. Construction Documents: a. Provide drawings that illustrate the security electronic device layout. The conduit layout for the security systems would be included on the security drawings, As a part of the drawings prepared by R&N, we will include any single line diagrams needed to define the systems configuration. b, Prepare drawings of large scale plans to provide detailed information as required. c. Prepare the specifications for the division 27 and 28 security electronic systems to include Locking Controls, Intercom / Paging, IP Video, and any support auxiliary equipment. d. Prepare the specifications for the division 8 Detention equipment to include detention hollow metal, detention hardware, and security glass. e. Prepare a "control matrix" that would be used by the Security Contractor in preparation of the operation of the system. f. Coordinate with architectural and engineering disciplines, g. Our fee includes, one (1) trip for review, coordination, and presentation to the owner. 4. Bidding and Negotiating: a. R&N will assist DLR with a response to any question relating to the above scope of work arid prepare addenda items as, necessary. 5. Construction Administration: a. Review shop drawing and product data submittals. b. Respond to any RF1 relating to the above scope of work, c. Assist in preparation of COR, PR's, or ASI's as needed, d. Review price proposals as it relates to the above scope of work. e. Provide site inspections of the above scope of work to confirm quality of installation of systems and equipment. f. Our fee includes two (2) trips for field inspections and testing of the new systems. Our scope of work includes construction administration services for the security systems and equipment. R&N will assist in providing Quality Control for the project during the construction phase. 615 OAKLEAF OFFICE, LN MEMPHIS, TENNESSEE 38117 TEL 901-309-0115 FAA 901-309-0292 22 Our fee proposed including expenses to provide the above scope of work is S 40,000.0& Additionally, our fee proposal is based on DLR furnishing AutoCad or BIM files for our use in developing the drawings, R&N's submission of progress drawings will be by e- mail transmission. All printing cost is the responsibility of the Architect. R&N will furnish starnped and sealed 100% CD Security Electronic drawings. Refer to the attached Certificate of Insurance for our insurance ]units provided as a part of al is proposal. If additional coverage is required, we would need to a4just our fee to cover the cost. Please contact me ifyou have any questions, Sincerely, Chris Nielsen, Principal R & N Systems Design 615 OAKLEAF OFFICE LN MEMPHIS, TENNESSEE 38117 TEL, 901-309-0115 FAX 901-309-0292 23 24 Est Fee Quo 1525 112 West Riverside Spokane, Washington 99201 509 838 8688 Fee Quote Estimating Services Tukwila Justice Center DLR Group Construction Cost Estimates S cT1NA.E 500 Union Street Suite 927 Seattle Washington 98101 206 343 10(0 1. Roen Associatesfees quoted include sitewok, ciAl, and buiIdng 2. The quotes do not include extensive value engineering efforts. 73090333.11sx Iti 7aC17 Divisions 1 - 14, 31-33 Hourly Estirnatrx Hours Rate Exteasiori Subtotal Divisions 21-23, 26-28 Hourly Eiiator Hours Rate Extension Subtotal Total Pre Design Roger Roan Est 8 $ 125 $ 1,000 Wade Buffing 16 $ 125 $ 2,000 Dave Mendez 16 $ 125 $ 2,000 Jerrod &Mire' 16 $ 125 $ 2,000 Matt Wiggins 24 $ 125 $ 3,000 Jeff Weaver 0 $ 125 $ - :11 -ii elifil.--:-,,,*,-Tz•Zi!,_,,v---\-----:,-\\:;„,---*—N_,„:--_\,- \ \ , i-1 % 2. __.,,_ , _ , '''' '—'-'7' „„ , „ ' , _\ - ,_, „ , ,,, -'s '1 '\--7.' -::-='7"I ,,, ,_, , 'A Sclwra . - Design Roger Roan Est S S 125 1000 „ Wade' 20 - 125 2,500 Estirna Dave Mendez 12 $ 125 $ 1,500 Jerrod &mire. 16 3 125 $ 1000 JO Weaver 16 $ 125 $ 2,000 Matt Wiggins 28 $ 125 $ 3,500 _S�ttNeilson 3 125 $ - I ''. ---n' 2-- '-' \\-\\'' 7 ' '.41i -,-.-. DesgnDevebpment Roger Roen Est 12 125 $ 1,500 Wade Batting 24 125 3000 EstateDave Mendez 24 $ 125 $ 3,000 Jerrod Gonne- 20 $ 125 2,500 Jeff Weaver 26 $ 125 $ 3,250 Mat Wiggins 40 $ 125 $ 5,000 ScottNadsn 125 $ - GC/CM Review of Roger Roen Est 125 $ 500 Wade Botling 125 $ 2000 Esthete Dave Mendez 8 $ 125 $ 1,000 Jerrod Gunner 16 $ 125 $ 2000, Jeff Weaver 8 $ 125 $ 1,000 Matti/I/10ns 16 $ 125 $ 2,000 ScottN&lzon 125 $ - -. JT Total Fee Quote S 31250 $ 18,000 $ 49,250 1. Roen Associatesfees quoted include sitewok, ciAl, and buiIdng 2. The quotes do not include extensive value engineering efforts. 73090333.11sx Iti 7aC17 26 EXHIBIT A - B 11, 1011 CONTRACT eL,V 8 -11001001 AT A x-cx Documenit B101"' — 2017 AGREEMENT made as of the twenty first day of July in the year two thousand seventeen (n words, indicale day, monih andyear.) BETWEEN the Architect's client identified as the Owner: ADDITIONS AND DELETIONS: (Name, legal stalus, address and other ip!formolion) The author of this document has added information needed for its City offukwila completion. The author may also 6200 Southcenter Boulevard have revised the text of the original AIA standard form. An Additions and Tukwila, WA 98188 Deletions Report that notes added Information as well as revisions to the standard form text is available and the Architect: from the author and should tie (Name, legal ,status, address and o1her i4broralion) reviewed. A vertical line in the left margin of this document indicates D1,R Group, Inc. where the author has added 51 University Street, Suite 600 necessary information and where Seattle, WA 98101 the author has added to or deleted from the original AIA text, for the following Project: This document has important legal consequences. Consultation with an (Name, location and delailed description) attorney is encouraged with respect 00 -000,00 -SKS to its completion or modification. City of Tukwila Justice Center Address: TBD The Owner and Architect agree as follows. AIA Document 131011 — 2017. Copyright 0 1974, 1978, 1987, 1997,, 2007 and 2017 by The Arnencan institute of Archilects. All rights reserved. WA RNM : Init. This A11A Doc unient is protw.,ted by 19S. Cnpy 6ght Law and Ii 0e rnabmi a t Treafies, Unauthorized reproduction or chsthbuficin of this A 1A " Doc unient. or any portion of it, may result in severe chid and crRmiliriall penoAfies, and wild be prosecuted to the maximum extent ljossible under the law. Thls document was produced by AGA software at 12;42:52 on 0712712017 under Order No.5489623042 which expires on 04/2612018, and is not for resale, User Notes; (1918399601) 27 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE I INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1, 1, (For each item in this section, insert the information or a statement such els "not applicable" or. "unknown at bane qJ' exevtffion.'/ § 1.11 .1 The Owner's program for the Project: (Insert the Owners program, identify documentation that establishes the (hvners program, or state the manner in which the program will be developed) Owner's prograrn will be verified from existing program information through Predesign phase of work. § 1.1.,2 The Project's physical characteristics: (Identifi, or describe pertinent information about the Project's physical characteristics, such as size; location; dimensions; geotechnical reports; site boundaries; topographic surveys; trqffic and zailht v studies; availability of public and private utilities and services, legal description of the site, etc,) Preliminary project size is estimated at 42,000 sf of program space based on project request for proposal. Project will be located, within the City of Tukwila, site selection shall be completed by Owner prior to completion of predesign phase of work. Site characteristics listed above shall be provided before notice to proceed into Schematic Design, § 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6i.1 (Provide total and, if known, a line item breakdown.) Estimated budget is proposed based, on typical cost per square foot, Current cost per square foot is $420/sf totaling a maximum allowable construction cost (MACC ) of approximately $14,600,000. AIA Document 131011*'— 2017. copyright 0 1974, 1978 1987, 1997 2007 and 2017 by The Arnedran Institute of Architects. All rights reserved. WARNING: Init. This AW" Document i,,, protected by U,S, Copyright Law and international! Tmafips. Unauthorized rp prod uctjou or distdibution of this AIA" Document, 2 or any portCon of it, Pray reriult in: severe civil and criminai penalfips, and will be prosecuted toy the m4ixiinurr extent possible under the law, This document was produced by AIA software at 12:42:62 on 0V27/2017 under Order No.5489623042 which expires on 04/26/2018, and is not for resale. User Notes: (1918399601) RE -11 § 1.1.4 The Owner's anticipated design and construction milestone dates: .1 Design phase milestone dates, if any: Commencement of Predesign in August 2017. Commencement of Schematic Design in December 2017 B,id documentation for Construction completion in Winter 2018 Bid negotiations early 2019. .2 Construction commencement date� Construction commencement Spring 2019, .3 Substantial Completion date or dates: Winter 2020 .4 Other milestone dates: Final completion of construction Winter 2020 § 1.1.5 The Owner intends the following procurement and delivery method for the Project: (Idenfify method such as competitive bid or negotiated contract, as well as any requiremene.s.1br accelerated or last - track design and construction, multiple bid packages, or phased construction.) General Contractor / Construction Manager (GCCM) in a multiple bid packages in a single phase of construction. § 1.1.6 The Owner's anticipated Sustainable Objective for the Project: (Identify and describe the Owner'sSuslainable Objective.(6s, the Prqjecl, ff any.) No official sustainable certification requirements, Initiatives and goals for sustainability will be discussed during design, but certification applications will be an additional service to this contract. § 1.1.6.1 If the Owner identifies a Sustainable Objective, the Owner and Architect shall complete and incorporate AIA Document E204T'm 2017, Sustainable Projects Exhibit, into this Agreement to define the terms, conditions and services related to the Owner's Sustainable Objective. If E204-2017 is incorporated into this agreement, the Owner and Architect shall incorporate the completed E204-2017 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. § 1.1 .7 The Owner identifies the following representative in accordance with Section 5.3, (List name, address, and other contact it?formation.) Shiels Obletz Johnsen 800 Fifth Avenue, Suite 4130 Seattle, WA 98104 § 1.1.8 The persons or entities, in addition to the Owner's representative, who are required to review the Architect's submittals to the Owner are as follows. (List name, address, and other contact injiarmalion.) Shiels Obletz Johnsen 700 Fifth Avenue, Suite 4130 Seattle, WA 98104 § 1.,1.9 The Owner shall retain the following consultants and contractors: AIA Document B10170-2017, Copyright it 1974,1978,1987,1997, 2007 and! 2017 by The American Institute of Architects, All rights reserved. WARNING: Init. Thns AIV Document is pmtecled hy U.S. Copyright Law and hiternationai Treaties, LMauthorized reproduction or distribution of dors AIA,Docunwilt, or any portion r it, may r"soft in severe civil and crirninal: penalties, and wilt be prosecuted to the nnaAh'nurn extent possibie under Hip. Iaw. Thus document was produced by AIA software at 12A2.52 an 07127=17 under Order No.5489623042 which expires on 04x2612018, and is not for resale. User Notes: (19183991601) 29 (List name, legal stands, address, and other contact do/ brmation.) A Geotechnical Engineer ,2 Civil Engineer: none .3 Other, if any: (List any other consultants and contractors retained 1 y the Owner) a. Independent Commissioning Agent b. Surveyor c. Materials Testing Agent d. Hazardous Materials Consultant e. Ha72rdous Abatement Contractor E Building Envelope Consultant g. Traffic Consultant § 1A.10 The Architect identifies the following representative in accordance with Section 2.3� (List name, address, and other contact inftnw;a1ion.) § 1.1.11 The Architect shall retain the consultants identified in Sections 1.1.1.1.1 and 1. 1 . 112: (List name, legal status, address, and other contact information.) § 11.11.1 Consultants retained under Basic Services: .1 Structural Engineer: DLR Group, Inc. 51 University Street, Suite 51 Seattle, WA 98 101 .2 Mechanical Engineer: DLR Group, Inc. 51 University Street, Suite 51 Seattle, WA 981 tI1 .3 Electrical Engineer DLR Croup, Inc. 51 University Street, Suite 51 Seattle, WA 98101. AIA Document B10170-20117. CopyrighitO 1974, 1.978 1987, 1997 2007' and 2017 by The American Institute of Architect$. All rights reserved, WARN] NG; Init. This AIA" Document is protected by U.S, Copyright ILaw and interrsationai Treaties, Unauthorized reprodoction or distribution ofthis Alk" Documeot, 4 �or any poirtion of it, may result in s'"ere civill Arid crime bai peuwflfies, and wiii be prosecuted to the rnaximum extent possibIo undertbe law. This document was produced by AIA softare at 12:42,52 on 07/2712017 under Order No.5489623042 which expires on 04/2612018, and is not far resale. User Notes: (1918399601) 30 § 1.1.11,.2 Consultants retained under Supplemental Services: Landscape Architect: Swill Company Civil Engineer: KPFF Cost Consulting: Roen Cost Consulting Acoustical Engineering: TBD § 1.1.12 Other Initial Information on which the Agreement is based: § 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that the Initial Information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the Architect's services, schedule for the Architect's set -vices, and the Architect's compensation. The Owner shall adjust the Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203Tm-2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 1.3.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203Tm-2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202Tm-2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party's sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and ernployces. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement,, or shall cause such services to be performed by appropriately licensed design professionals. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. 'The Architect shall perform its services as expeditiously as is Consistent with such professional skill and care and the orderly progress of the Project. § 2.3, The: Architect shall identify a representative authorized to act on, behalf of the Architect with respect to the Project. § 2.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to, compromise the Architect's professional judgment with respect to this Project. AIA Document B10ir" —2017. Copyright O 1974, 1976, 1987, 1997, 2007 and 201,7 by The American Institute of Architects. All rights reserved, WARNING� Init This AlA' Docurnent is protected by U.S, Copyright Law and internationalTireafies, Unauthorized reprodu.,,fiori or distribulion of this AW Docurnw%t, or anV portion of it, may result in sevore civil and criminai penalties, and will be prosecuted to the maxim"M extent possjWo under the law, This I docurnentwas produced by AIA software at 12:4'2:52 on 0712712017 under Order No.5469823042 which expires on M26/2018, and is not for resale. User Notes; (1918399601) 31 § 2.5 "The Architect shall maintain the following insurance until termination of this Agreement. Ifany of the requirements set forth below are in addition to the types and limits the Architect normally, maintains, the Owner shall pay the Architect as set forth in Section 11,9. § 2.5.1 Commercial General Liability with policy limits of not less than one million dollars ($ 1,000,000 ) for each, occurrence and two million dollars ($ 2,000,000 ) in the aggregate for bodily injury and property damage. § 2.5.2 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the Architect with policy limits of not less than one million dollars ($ l,000,000 ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. § 2.5.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2,5 .1 and 2.5.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits, only through the actual payment by the underlying insurers, § 2.5.4 Workers' Compensation at statutory limits. § 2.5.5 Employers' Liability with policy limits not less thanT13D ($ TBD ) each accident, TBD ($ TBD ) each employee, and TBD ($ TBD ) policy limit. § 2'.5.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional smices with policy limits of not less than one million dollars ($ 1,000,000 ) per claim and one million dollars ($ 1,000,000 ) in the aggregate. § 2.5.7 Additional Insured Obligations. To the fullest extent permitted by law, the Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect's negligent acts or omissions. The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. § 2.5.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with tile requirements in this Section 2,5. ARTICLE 3 SCOPE OF ARCHITECTS BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Supplemental or Additional Services. § 11.1 The Architect shall manage the Architect's services, research applicable design criteria, attend Project meetings, communicate with members of the Project team, and report progress to the Owner. § 11.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants. The Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of, services and information furnished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission, or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once AIA Document� 8101 — 2017. Copyright 0 1974, 1978, 1987, 1997, 2007 and 2017 by The American institute of Architects. All rights reserved. WARNING� Init. Th is AIA" Document is, protected by US, Copyright Law and Internationat Treaties. U nauthorivM rpprod uction sac diMribution of this AIA a' Document, 6 or an;y portRon of it, may resolt in severe civil ind crimmal pooalfies, and w4lt tie pfosecuted to the maxtinwn extent possible under the. law, This document was produced by AIA software at 12:42,52 on 07r2712017 under Order No.W9623042 which expires on 04P26/2018, and is not for resale. User Notes: (1918399601) 32 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 A The Architect shall not be responsible for an Owner's directive or substitution, or for the Owner's acceptance of non -conforming Work, made or given without the Architect's written approval. § 3.1.5 The Architect shall contact governmental authorities required to approve the Construction Documents and entities providing utility services to the project. "The Architect shall respond to applicable design requirements imposed by those authorities and entities. § 3,U 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, § 12.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget f6r the Cost of the Work, Project site, the proposed procurement and delivery method, and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of(1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present, for the Owner's approval, a preliminary design illustrating the scale and relationship of the Project components. § 3.,2.6 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner's approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital representations,. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall consider sustainable design alternatives, such as material choices and building orientation, together with other considerations based on prograrn and aesthetics, in developing a design that is consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4.I.1. § 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner's program, schedule, and budget for the Cost of the Work. § 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6.3. § 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner's approval. § 33 Design Development Phase Services § 3,11 Based on the Owners approval of the Schematic Design Documents, and on the Owner's authori7ation 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 AIA Document B101T"-2017. Copyright Q 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute Of Architects, All rights resorwod.WARNMG: This MAI' Document ds protected by US. Copyright Law and In TernMional Treaties . Linauthorizod reproduction or d4stribution ofthus MA", DocumonC 7 sur any portion of R, rnay resume in severe 6vll and criminM ponaffies, and wM he prosecuted to they niaxio'nuin extent possrtge under the Maw- This, docurnent was produced lby AIA software at 112Vx:52 on 0712712017 under Order No.5489623042 which expires on 0,4/2612018, and "is not tier resale. User Notes. (1918399601) 33 describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and other appropriate elements, The Design Development Documents shall also include outline specifications that identify major materials and systems and establish, in general, their quality levels, § 3.3.2 The Architect shall update the: estimate of the Cost of the Work Prepared in accordance with Section 6.3. § 3.3.3 The Architect shall submit the Design Development Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner's approval, § 3,4 Construction Documents Phase Services § 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications, setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that, in order to perform the Work, the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. § 3.4.,3 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of (1) procurement information that describes the Harte, place, and conditions of bidding, including bidding or proposal forms; (2) the firm 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 tbriiis, § 3.4.4 'Che Architect shall review and provide written comment to the construction cost estimate produced by the Architect's estiniating consultant or GCCM, including scope of work missing from the estimate. The Architect shall provide written concurrence that the estimate reflects the construction documents produced by the Architect. The Architect shall have seven (7) days to review and provide cornments to the estimate from the date the estimate is received. This scope also applies to intermediate construction document submittals. § 3.4.5 The Architect, shall submit the Construction Documents, along with a written statement that the Owner's design development comments have been incorporated into this submittal, to the Owner, take any action required under Section 6.5, and request the Owner's approval. § 3.5 Procurement Phase Services § 3.5.1 Genera,l 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 either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and, (4), awarding and preparing contracts for construction. § 3.5.2 Competitive Bidding § 3.6.2.1 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: I facilitating the distribution of Bidding Documents to prospective bidders, .2 organizing and conducting a pre-bid conference for prospective bidders-, .3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to the prospective bidders in the form of addenda; and, AIA Document 81101'm'-2017.CopynghtO 1974, 'x978 1987, 1997 2007 and 2017 by The American Institute elf Architects. G ects.All rights reserved, WARNING" Init. Ths AW Docwi,wnt is protected by U,& Copyright L,,,iwaPu$ hraternaflonali Treafies, Unauthorized reproduction of this AIAI Document, 8 or any poirtion of it, miay result in severe civil and criminal perishes, and will be p(osecuted to the maxk,miin extent possitsle under the law, This document was produced by AIA software at 1142:52 on 07/27/2017 under Order No.5489623042 which expires on 04126/2018, and is not for resale. User Notes, (1918399601) 34 .4 organizing and conducting the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. § 3.5.2.3 if the Bidding'Documents permit substitutions, upon the Owner's written authorization, the Architect shall, as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective bidders. § 3.53 Negotiated Proposals § 3.5.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents, § 3.5.3.2 The Architect shall assist the Owner in obtaining proposals by: .11 facilitating the distribution of Proposal Documents for distribution to prospective contractors and requesting their return upon completion of the negotiation process; .2 organizing and participating in selection interviews with prospective contractors; .3 preparing responses, to questions from prospective contractors and providing clarifications and interpretations of the Proposal Documents to the prospective contractors in the form of addenda; and, .4 participating in negotiations with prospective contractors, and subsequently preparing a summary report of the negotiation results, as directed by the Owner. § 3.5.3.3 If the Proposal Documents permit substitutions, upon the Owner's written authorization, the Architect shall, as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective contractors. § 3.6 Construction Phase Services § 3.6.1, General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA. Document A20 I T111-2017, General Conditions of the Contract for Construction. If the Owner and Contractor modify AIA Document A201-2017, those modifications shall not affect the Architect's services tinder 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 riot have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. §3.6.1.3 Subject to Section 4.2 and except as provided in Section 3,6.6,5, the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit time site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being pet -formed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or AIA Document 84011 — 2017. Copyright 0 1974, 1978� 1987, 1997, 2007 and 2017 by The American lristitute of Architects. All rights reserved. WARNING; hilt 1'his AIA` Docunitnt is pooW�,Ied by U,S, ropyright Law and International Treaties, Unauthorized reproduction or distribution offlirs AiV Document, 9 oany portion Of it, May rUSIdt on severe P -MI and r;rirnkial persaities, sand,WH be proseculed to rhe nnaxonorn extent possible under die Wv, This document was produced by AIA sottware at 1242:52 on 07127/2017 under Order 5t0.5489623042 which expires on 0412612018, and is not for resale. User Notes: (1918399601) 35 testing of the Work in accordance with the provisions ofthe Contract Documents, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning perfornlance tinder, and requirements of, the Contract Documents oil 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. § 3.62.4 Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201-2017, the Architect shall render initial decisions oil Claims between the I 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 oil the Architect's evaluation of the Work as provided in Section 3,6,2 and oil the data comprising the Contractor's Application for Payment, that, to the best ofthe Architect's knowledge, information and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and, that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to (1) an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent tests and inspections, (3) correction of minor deviations from the Contract Documents prior to completion, and (4) specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of'requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sunt. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates fbr Payment, § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval of the schedule. The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence ofan approved submittal schedule, with reasonable promptness while allowing sufficient time, in the Architect's professional judgment, to permit adequate review. § 3.6.4.2 The Architect shall review and approve, or take other appropriate action upon, the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect's review shall not constitute approval of safety precautions or construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of ail assembly of which the item is a component. AJA Document B10IT" —2017, Copyright C 1974,1978,198,7, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved, WARNING. Init Thos MAI 0ocufnent is protected by U.S. Copyright Law and Tr,rmues. Unauthorized reproduction or distdbution ofthis ALAI Document, 110 or ariy porfian of Q, i,rmy result in severe civil and c0rninal, penafties, and will be prosecuted to the maximurn extent possitft umier the law, This document was produced by AIA software at 1242:52 on 0712712017 under Order No.548%23042 which expires on 04/2612018, and is not for resale. User Notew (1918399601) W-11 § 16,43 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials, or equipment, the Architect shall specify the appropriate performance and design criteria that such services Must satisfy, The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified Iby the Contractor's design professional, provided the submittals bear such professional's sea] and signature when submitted to tile Architect. The Architect's review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect shall be entitled to rely upon, and shall not be responsible for, the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to Section 4.2, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth, in the Contract Documents, the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the claril ication requested. The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for inforination. § 3.6.4.5 The, Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 3.6.5 Changes in the Work § 3.6.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to Section 4.2, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents, § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. § 3.6.6 Project Completion § 3.6.6,1 The Architect shall: .1 conduct inspections to determine the date or dates Of Substantial Completion and the date of final completion, .2 issue Certificates of Substantial Completion; .3 forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and received from the Contractor; and, A issue a final Certificate for Payment based upon a final inspection indicating that, to the best of the Architect's knowledge, information, and belief, the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. § 3.6.6.3 When Substantial Completion has been achieved, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Surn, 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 tinder 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. ALA Document� 8101— 2017, Copyright Q 1974,1978,1987,11997,2007 and! 2017 by The American Institute sof Architects. All rights reserved, WARNING� InIt. riris AW Document is Protected by Us. Copyright Lawa"d IIMernatieanall Troalum Unauthorl7erd ire -production or distilbution ofthis AlA` Docurnent, or any porlwn of it, may result i" severe clvd and crilrninM penii1ties, rarrd will be prosecuted to the rnaxurrium extent possible under the faw. This document was produced by AIA software at 12;42152 on 0712712017 under Order No.5489623042which expires on 04126/2018, and is not for resale. User Notes: (1918399601) 37 ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services § 4.1.1 The services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Supplemental Services only if specifically designated in the table below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. Unless otherwise specifically addressed in this Agreement, if neither the Owner nor the Architect is designated, the parties agree that the listed Supplemental Service is not being provided for the Project, (Designate the Architects Supl)1emenial Services and the (Xvner'sSupplemenlal Services required fear~ the Prqject by indicating whether the Architect or Owner shall be responsible ,16rproviding the iclentffledsuplemenlal Service. Insert a description of the Supplemental Services in Section 4. 1, 2 below or attach the description qf services as an exhibit to this Agreeinem.) Supplemental Services Responsitlft (Architect, (Avner, or not provideti) § 4.1.1.1 Programming & Pre -Design Service Architect. § 4.1.1,2 Multiple preliminaa designs Architect § 4.1.1.3 Measured drawings Architect § 4.1.1.4 Existing facilities surveys Not Provided § 4.1.1.5 Site evaluation and plannina Architect § 4.1.1.6 Building Information Model management Architect responsibilities § 4.1.1.7 Development of Building Information Models for Architect post construction use 4.1.1.8 Civil engineering Architect § 4.1.1.9 Landscape design Architect 4.1.1.10 Architectural interior design Architect 4.1.11.11 Value analysis Architect § 4.1.1.12 Detailed cost estimating beyond that Architect required in Section 6.3 § 4.1.1�.13 On-site pLoject representation TBD § 4.1.1.14 Conformed documents for construction Architect § 4.1.1.15 As -designed record drawings Architect § 4.1.1.16 As -constructed record. drawings Architect § 4.1.1.17 Post -occupancy evaluation Architect § 4.1.1-18 Facilisupport services Owner § 4.1.1.19 Tenant -related services Owner § 4.1,1.20 Architect's coordination of the Owner's Architect consultants 4.1.1.21 Telecommunications/data design Architect 4.1.1.22 Security evaluation and 2lanning Architect § 4.1.1.23 Commissioning Owner § 4.1.1.24 Sustainable Project Services pursuant to Section Certification Not Provided 4.1.3 Design stra!tgies - Architect 4.1.1.25 Fast-track design services Not Provided 4.1.1.26 Multiple bid packages Not Provided § 4.1,1.27 Historic preservation Not Provided § 4.1.1.28 Furniture, furnishings, and equipment design Architect AIA Document 8101'"''— 2017. Copyright 0 1974, 1978, 1987, 1997, 2007 and 2017 by The American institute of Architects. All rights reserved. VVARNfNG: Init. Thi,, AM" Document iIs protPeted by U.S. Copyright Law and Internabonai Treaties. Unautho6zed reproduc0on or distribution rat this AIA" Docurnent, 12 or any portiwl or it, may resuilt 41 severe 6vd and! crinAirial penalties, and will be prosecuted toy the rnaxhnum extent possible under the law, This Jr document was produced by AJA sottwaire at 12A2�52 on O7}27 017 under Order Nio,5489623042 which expires on 04126r2018, and is not for resale, User Notes, (1918399601) a-4 Supplemental Services Responsibility LArchilect, (hvner,or notprovide(l) 4.'1 W1.29 Other services provided !a specialty Consultants TBD 4.1.1.30 Other Su plemental Services TBD § 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4. 1 . I as the Architect's responsibility is provided below, (Describe in detail the Architects ,St pplelinentalServices identifiedIra Section 4, 1, / or, ifset jbrth in an exhibit, identify the exhibit, The AM publishes a number oj'Standard Form of Architect's Services documents that can be included av an exhibit to describe lite Architect's Supj.Vementai(Services,) 4.1.1.1 Programming and Pre -N esign Service -Refer to AIA B202 4.1 12 Multiple Preliminary, Designs - Assumes six (6) Design Solutions on Select - w w ded in Basic Services M 4.1.1.7 BIM for post construction use - Provided in DLR Group standard format - Included in Basic Services 4.1.1.8 Civil, Engineering Consultant; on site & off site grading plans, utilities and services - $120,000. Zen, low raNN 4.1.1A0 Architectural Interior Design - Included in Basic Services, Excluding Interior Furnishings, FF&E 4.1.1.11 Value Analysis - Life Cycle Cost Analysis of Mechanical, Plumbing, and Structural Systems - $24,000 ALA Document B101 70— 2017. Copyright 0 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARINIIING� knit. thio AW Docurnent is protected by U,S, Copyright Law and Warnationaii Treatks, Unauthorized reproduefion or distribution of this Alik" Document, 13 or arty porfio" of it, oray result taro severe cavil and choninai penalties, and will be pTosecuted to the rinazInriurn ext trot possible unddm- the law, This docurneint was produced by AIA software at 1242'52 on 0712712017 under Order No.5489623042 which expires on 0412612018, and is not for resale, user Notev (1918394601) �cv 41.1.12 Detailed Cost Estimating — 314 party cost consulting at SD, DD and DD reconciliation phases — $49,250 4.1.1.18 On-site project representation - Basic Services includes Bi -monthly A/E project represenitation, supplemental services would result in weekly - $69,000 41113 Conformed documents for construction - Included in Basic Services 4.1 AA 6 As -constructed record drawings - $24,000 4.1.1,17 Post -occupancy evaluation — INot Included 41.120 Architect's coordination of Owner's consultants - Included in Basic Services 4.1.1.21 Telecommunications/data design, - Included 4.1411,22 Secudty evaluation and planning -- including TM control, CCTV, duress systems a detention equipment - $60,000 1 4,11.23 Commissioning — ;--TE participation in commissioning program managed by othiers� $40,000 4.1 124 Sustainable Project Services — LEED or WELL Building Certification -Mot Provided, Design strategies Included in Basic Services 4.1.1.28 Furniture, furnish,ings, and equipment design — Interior Furnishings, FF&E, US. Communities Program, design & purchasing schedule only - purchasing and installation management by Owner - $54,000 41.129 Other services provided by specialty consultants AIA Document B101 a"' —2017. Copyright 1974, 1978, 1987, 1987, 2007 and 2017 by The Arrierioan institute of Architects. All rights reserved. WARNING� Init. This AWDocurneM is protected by US. Copyright Law and inteonaflonal rreaties. Unauthorized reproduction or distribution offltis AW Document. 14 or any portion of it, may result in sowero rivit and urinfln'M penalties, and wilill be prosecuted to the maminuin extent possible wider the taw. This document was prodiuiced by AIA software at 12A2;52 on 0712712017 under Order No,5489623042 which expires on 0482612018, and is not for resale. User Notes: (1918399601) M § 4.1.2.2 A description of each Supplemental Service identified in Section 4.1,1 as the Owner's responsibility is provided below. (Describe in detail the Owner's wSupplemenlal Services idenfDied in Section 4.1. 1 or, ifsetfiorth in an exhibil, idenfif ,y the exhibit,) § 4.1.3 If the Owner identified a Sustainable Objective in Article 1, the Architect shall provide, as a Supplemental Service, the Sustainability Services required in AIA Document E204Tm-20,17, Sustainable Projects Exhibit, attached to this Agreement. `rhe Owner shall compensate the Architect as provided in Section 1.1.2. § 4.2 Architect's Additional Services The Architect may provide Additional Services after execution of this Agreement without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.2.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurernent or delivery method, .2 Services necessitated by the enactment or revision of codes, laws, or regulations, including changing or editing previously prepared Instruments of Service; .3 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit, or (b) contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; A Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; .5 Preparing digital models or other design documentation for transmission to the Owner's consultants and contractors, or to other Owner -authorized recipients, .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; J Preparation for, and attendance at, a public presentation, meeting or hearing; .8 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .9 Evaluation of the qualifications of entities providing bids or proposals; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction-, or, ALA Document B101 7" — 2017. Copyright 0 1974, 1978, 1987, 1997, 2007 and 2017 by The American institute of ArchRects. All rights reserved. WARMNG Init. This AIIA', Docurrierit Is protecud by U3, Copyright Law and lnteroafiow,0 TreafieUnau"horized reproduction or distribufion of this AM' Docuweiq, or any Vorhon of R, inay resuft In sew ",e 6vit Arid criminM ponaffies, and wdl be prosecuted to the irnaxioriwi extent possible under tine law. This 16 document was produced by AIA software at 12:42 52 on 47127/2017 undler Order No,5489623042 which expires an 4412612018, and is not for resale. User Notois: (1918399601) 41 .11 Assistance to the Initial Decision Maker, if other than the Architect, § 4.2.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If, upon, receipt of the Architect's notice, the Owner determines that all or parts of the services are not required, the Owner shall give prompt written notice to the Architect of the Owner's determination. The Owner shall compensate the Architect for the services provided prior to the Architect's receipt of the Owner's notice. .1 Reviewing a Contractor's submittal out of sequence from the submittal schedule approved by the Architect; .2 Responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner -provided information, Contractor -prepared coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor's proposals and supporting data, or the preparation or revision of Instruments of Service-, .4 Evaluating an extensive number of Claims as the Initial Decision Maker; or, .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom. § 4.2.3 The Architect shall provide Construction Phase Services exceeding the I im its set forth below as Additional Services, When the limits below are reached, the Architect shall notify the Owner. .1 Two (2 1, reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Contractor .2 Seventy 70 ) visits to the site by the Architect during construction .3 Two ( 2 inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 One ( I ) inspections for any portion of the Work to determine final completion. § 4.2.4 Except for services required under Section 3,6.6.5 and those services that do not exceed the limits set forth in Section 423, Construction Phase Services provided more than 60 days after (I) the date of Substantial Completion of the Work or (2) the initial date of Substantial Completion identified in the agreement between the Owner and Contractor, whichever is earlier, shall be: compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction Phase Services. § 4.2.5 If the services covered by this Agreement have not been completed within forty-four ( 44 + ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services, ARTICLES 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-, systerns; and site requirements, § 5.2 The Owner shall establish the Owner's budget for the Project, including (I ) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs. The Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project until final completion, 'If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3 The Owner shall identify a representative authorized to, act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services, AIA Document 81011" — 2017. Copyright 0 1574. 1978, 1987„ 1553„ 2007 and 2017 by The American, Institute of Architects, All rights reserved. WARNiNG: InIt. Ths AIA' Dvaotionerit is protected by US, Copyright Law a"d Internatinnal Treaties, UnauiJiorlzed reprodur-fion or distribohon of thus AIV Document, 16 or Any porflon of it, may rosuft in severe 6vill and cram nal penalfies, and *1111 be prosecuted to the rriaxirnum extent possible under the faw, This document was produced by AIA software at 12 42.52 on 07/2712017 under Order No.5489623042 which expires on 04/2612018, and is not for resale. User Notes. (1918399601) 42 § 5.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions, and other necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the, survey shall be referenced to a Project benchmark. § 5.5 The Owner shall furnish set-vices of geotechnical engineers,, which may include test borings, test pits, deten-ninations of soil hearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations, § 5.6 The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4. 1 . 1. § 5 lythe Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required" in AIA Document E204T"-2017, Sustainable Projects Exhibit, attached to this Agreement. § 6.8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. § 5.9 The Owner shall furnish tests, inspections and reports required by law or the Contract Docuinerits, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials, § 5.111 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 Owners needs and interests. § 5.111 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, ornissions or inconsistencies in the Architect's Instruments of Service. § 5.12 The Owner shall include the Architect in all communications with the Contractor that relate to or affect the Architect's services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect's consultants shall be through the Architect. § 5.13 Before executing the Contract for Construction, the Owner shall coordinate the Architect's, duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.14 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the: Work wherever it is in preparation or progress. § 5.15 Within, 15 day's after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights. ARTICLE 6 COST' OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, overhead and profit, The Cost of the Work also includes the reasonable value of labor, materials, and equipment, AIA Document 8101�—2017. Copyright 4)11974,1978,1987,1997, 2007 and 2017 by The Arneftan InStitute of Archins. All rights reserved, WARNMG: Init. I'his AW Car cuirsent us protecied bV U.S, colpyright Law and fisternatie oal, TreafiesLinakAhorized reproductiao or distribotion oMs MA" Docwmeiit, or any porflon of k. mubutay resit �se":anal C severe ":Mi afjlilrnoan ial ponallies, d will be prosoctoted to thmmom e ayiextant po�,ssunder nder the faw� This 17 document was 1produced by AIA software at 12AZ52 on 07/2712017 tinder Order No.5489623042 which expires on 04126f2018, and iis notfor resale. User Notes: (1918399601) 43 donated to, or otherwise, furnished by, the owner. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work-, or other costs that are the responsibility of the Owner. § 6,2 Tile Owner's budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughout the Protect as required under Sections 52, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost of tile Work, and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work, prepared by the Architect, represent the Architect's judgment as a design professionA. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials, or equipment; the Contractor's methods of determining bid prices; or competitive bidding, market, or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work, or from any estimate of the Cost of the Work, or evaluation, prepared or agreed to by the Architect. § 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding, and price escalation; to determine what materials, equipment, component systems, and types of construction are to be included In the Contract Documents,, to recommend reasonable adjustments in the program and scope of the Project,; and to include design alternates as may be necessary to adjust the estimated Cost of tile Work to meet the Owner's budget. The Architect's estimate of the Cost of the Work shall be based oil current area, volume or similar conceptual estimating techniques. If the Owner requires a detailed estimate of the Cost of tile Work, the Architect shall provide such an estimate, if identified as the Architect's responsibility in Section 4.1.1„ as a Supplemental Service. § 6.4 If, through no fault of the Architect, the Procurement Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, the Owner's budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. § 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality, or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable tirne; .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:. § 63 If the Owner chooses to proceed under Section 6.6.4, the Architect shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. If the Owner requires the Architect to modify the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the Owner's budget for the Cost of the Work due to market conditions the Architect could not reasonably anticipate, the Owner shall compensate the Architect for the modifications as an Additional Service pursuant to Section 11.3; otherwise the Architect's services for modifying the Construction Docurnents shall be without additional compensation. In any event, the Architects modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES § TA 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. AIA DocunnentB101'-2017. Copyright* 1974, 1978. 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserye4.'VVARNING: Knit Ths AIA" Document Is protecicd by U.S, Copyright Law and International Treaties, Unauthorized reproduction or diVAbutiori of this AIA I Dncupnent, 18 or apny poftion of R, rnAy re iuIt in seve,* cwif and crfiminat peoalities, and will be prosoculed to tha maxinluirn extent possible under thea Mw This document was produced by AIA software at 12,4252 on 07127r2017 under Order No.5489623042 which expires, on 0412612018, ands is not for regale. User Notes: (1918399601) 44 § 7.2 The Architect and the Architect's consultants shall be: deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations under this Agreement, including prompt payment of all sums due pursuant to Article 9 and Article I I. 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 authori7e the Contractor, Subcontractors, Sub subcontractors, and suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 1 .3, solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7,3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § TA Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants, § 7.,5 Except as otherwise stated in Section 7.3, the provisions of this Article 7 shall survive the termination of this Agreement. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.11.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes, of action not commenced in accordance with this Section & 1.I. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2017, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents, and employees of any of them, similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect and Owner waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement, except as specifically provided in Section 9.7. § 8.2l e�diation § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to direct negotiations per Section 12.1 then mediation as a condition precedent to binding dispute resolution. If such AIA Document 81011 —2017. Copyright C 1974,1978,1987,1997, 2007 and 2017 by The American Institute of Architects. All rights reserved, WAR NING� Init. rhis AIA' Document us denote ,led by U.S. Copyright Law and internationai Trr,,aUes, Uoauifiorized reprodoeborii or dmtribufloo of ths AIA" Dormnent, 19 or any portion of it, may result in severe ,1Ivfl and chminai pumatties, and will be, prosecuted to the maximurn extent possible under the h1w. This document was produced by AIA software at 12:42:52 on O71M2017 under Order Nio.5489623042 which expires on 0412612018, and is not for resale. User Notes., (1918,399601) 45 matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution, § 8.2.2 If direct negotiations fail to resolve any dispute between the parties then the Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days frorn 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. § 813 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 § 8.2A If the parties do not resolve a dispute through direct negotiations pursuant to Section 12.1 or mediation pursuant to this Section 8,2, the method of binding dispute resolution shall be the following: (Check the appropriate box.,) ] Arbitration pursuant to Section 8.3 of this Agreement X Litigation in a court of competent.jurisdiction J Other: (Spec ) If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction. § 8.3 [intentionally ornifted.] (Paragraphs deleted) § 8.3.4 [intentionally ornifted.] (Paragraphs deleted) § 8.4 "rhe provisions of this Article 8 shall survive the termination of this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for set -vices performed prior to notice of such suspension, When the Project is resumed, the Architect shall be compensated for expenses incurred in the AIA Document 81011" — 20117. Copyright 0 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNI.NG� Init. Thm AMDWUment ¢ protected by US. Nyriqlht Low and InternationaI TreMios. Unauthmrized reproductio4i ordistribution of this AIA" Doeurnent, 20 Or any portion of it, may resloft 61 Sm:vorracivil and conmal penaibes, aod wM be prosecuted w the maxi'm'um extera possible hinder that' Iaw, This document was produced by AIA software at 12A2:52 on 0712712017 under Order No.5489623042 which expires on 04/26=115, and is not for resale. User Notew, (1918399601) It. interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 93 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice, § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9, 3, the Owner shall compensate the Architect for services performed prior to termination, Reimbursable Expenses incurred, mid costs attributable to termination, including the costs attributable to the Architect's termination of consultant agreements, § 9.7 In addition to any amounts paid under Section 9.6, if the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall pay to the Architect the following fees: (Selforth below the amount of arry termination or licensingfiee, or the method, for determining any termination or fivertsingfee.) .1 Termination Fee: none .2 Licensing Fee if the Owner intends to continue using the Architect's Instruments of Service: none § 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year ftoni the date of Substantial Completion, § 9.9 The Owner's rights to use the Architect's Instruments of Service in the event of a tennination of this Agreement are set forth in Article 7 and Section 9.7. ARTICLE 10 MISCELLANEOUS PROVISIONS § 111.1 This Agreement shall be governed by the law of the place where the Project is located, excluding that juristfiction's, choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section B.S. § 111.2 "'ferns in this Agreement shall have the same meaning as those in AIA Document A201-2017, General Conditions of the Contract for Construction. § 10.,3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement, including any payments due to the Architect by the Owner prior to the assignment. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution, If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed, consent is submitted to the AIA Document 81011"-2017. Copyright dg 1974, 1976, 1987,1997,2007 and 20117 byThe American Institute of Architects. All rights reserved, WARNING, tail This AlAl Document is protected by US, Copyright Law and mnternatlojW Trpafies, Uiiautho6zed reprodtmfion or distribiAlon of this AIAI Do�soument, 21 or any portion of p( may result in severe civil and crioninA ponalfiPSL and will be prosecuted to the maaetrm um, extentpossible under the law. This document was produced by AtA software at 12:42:52 on 0712712017 under Order No.5489623042 which expires on 04126/2018, and is not for resale. User Notes. (1918,399601) 47 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 ofaction 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. 1-lowever, the Architect's materials shall riot include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. This Section 10,7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4, § 10.8 If the Architect or Owner receives information specifically designated as ""confidential"' or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1. This Section 10.8 shall survive the termination of this Agreement. § 10.8.1 The receiving party may disclose "confidential" or "business proprietary" information after 7 days' notice to the other party, when required by law, arbitrator's order, or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, of, to the extent such information is reasonably necessary for the, receiving party to defend itself in any dispute. The receiving party may also disclose such information to its employees, consultants, or contractors in order to, perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions off the disclosure and use of such information as set forth in this Section I OX §,10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid, or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties' intentions and purposes in executing, the Agreement. ARTICLE 11 COMPENSATION § 111 For the Architect's Basic Services described under Article 3, the O"ner shall compensate the Architect as follows: Stipulated Sum (Insert amount) $1,400,,834 1 Percentage Basis �jnsert percentage value) % of the Owner's budget for the Cost of the Work, as calculated in accordance with Section 3 Other (Describe the method of compensation) AIA Document a101 1"— 2017. Copyright C 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARMING.Init. Ms AW Doc urnentis pmtected by U.S. Colny6ghtl-avd ."rid Internatiori at trestles. Unauthorized reproduction or distribufion of this MA I Doc tonent, 22 oi, ,,my portion of it, n,oy result ill sev@re civill end Criminal penalties, and will be prosecuted to 05e, maxilynan extent possible under the law, This document was produced by AIA software at 1242:52 on 07/27i2O17 under Order No.6489623G42 which expires on 04/2612018, and is not for resale, User Notes: (1918399601) M-1 § 11.2 For the Architect's Supplemental Services designated in Section 4.1.1 and for any Sustainability Services required pursuant to Section 4.1.:3, the Owner sh,al I compensate the Architect as follows: (Insert amount of or basis 16r, compensation, lt'necessary, lislspecrfic serviees to which particular methoch of compensation apply. ,,i § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the Owner shall compensate the Architect as follows: ,(Insert amount of or basis for; compensation.) IM § 11.4 Compensation for Supplemental and 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 follows: (Insert amount of or basins for computing, Architect ,5, convulsants 'compen,,satic)n,,Ii)r.SteppleirieritaI orAdditional Services.) § 11.5 When compensation for Basic Services is based on a stipulated sural or a percentage basis, the proportion of compensation for each phase of set -vices shall be as follows Schematic Design Phase fifteen pet -cent ( Is N Design Development Phase twenty five percent ( 25 %) Construction Documents thirty four percent ( 34 %) Phase Procurement Phase four percent ( 4 %) Construction Phase twenty two percent ( 22 %) Post Occupancy Phase Two 2 Total Basic Compensation one hundred percent ( 100 %) § 11.6 When compensation identified in Section I I . I is on a percentage basis, progress payments for each phase of Basic Services shall be calculated by multiplying the percentages, identified in this Article by the Owner's most recent budget for the Cost of the Work. Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner's budget for the Cost of the Work. § 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices, (If applicable, attach an exhibit of hourly billing raies or insert them below) Employee or Category Senior Expert Discipline Leader Senior Professional Rate ($0.00) $365 (Owner Approval Required) $235 $175 ALA document 81017M — 2017, Copyright 0 1974, 1978, 1987, 1997, 2007 and �2017 by The American Institute of Architecls. All rights resmG:ed, WARNM Init. This ,ABA' Document is protected by U.S. Copyright Law and interinafionaii 1'reatips. Unauthorized ra4)roducflon, ar ifistribuiion of this AIAI 0"winent, 23 or any portion 0 4, may resullt un severe civil and c4minall penallbes, and will be prosecutnd to flAe maxiirnunn extent possibW under the Ww, This document was produced by AJA software at 12:42:52 on 0712712017 under Order No,5489623042 wNch expires on 0412612018, and is not for resate. U set Notes: (1918399601) M Professional $145 Professional Support $115 Administration / Technical $90 Clerical $70 § 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic, Supplemental, and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; 1 Long distance services, dedicated data and communication services, teleconferences, Project web sites, and extranets; 3 Permitting and other fees required by authorities having jurisdiction over the Project-, .4 Printing, reproductions, plots, and standard form documents; .5 Postage, handling, and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, physical models, mock-ups, professional photography,, and presentation materials requested by the Owner or required for the Project, .8 If required by the Owner, and with the Owner's prior written approval, the Architect's consultants' expenses of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses, .10 Site office expenses-, .11 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to achieve the Sustainable Objective; and, .12 Other similar Project -related expenditures,. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus ten percent ( 10 %) ofthe expenses incurred. § 11.9 ArchRect's Insurance. If the types and limits of coverage required in Section 2.5 are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect for the additional costs incurred by the Architect for the additional coverages as set forth beloNv: (insert the additional coverages the Architect is required to obtain in order to saA�A, the requirements see.16)-th in Section 2,5, and for which the (' vner shall reimburse the Architect.) § 11,111 Payments, to the Architect § 111.10.11 Initial Payments § 11,10,11.1 An initial payment of zero ($ 0 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice, § 111.110.11.2 If a Sustainability Certification is part of the Sustainable Objective, an initial payment to the Architect of zero ($ 0 ) shall be made upon execution of this Agreement for registration fees and other fees payable to the Certifying Authority and necessary to achieve the Sustainability Certification, The Architect's payments to the Certifying Authority shall be credited to the Owner's account at the time the expense is incurred, § 11,10.2 Progress Payments § 11.110.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon Presentation of the Architect's invoice. Amounts unpaid forty-five (45) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) AIA Document 8101'r* - 2017,!Copyright 0 1974, 1978„ 1987, 1997, 2007 and 2017 by The American institute of Architects. All rights reserved. WARINING; Init. This AiAll Document is pirotected by U,S. Copyrii1 ht Law and lnternatiorW TiraaUes. UnauOiorized repr&riuction or distribuflon of"fls AiADocumont, 24 or atiq portion of it, may resuft in sevpre civfli and criminal pepraffies, andwdl he prosecolied to the rnamirnurn exrent possible under the law. This document: was produced by AIA software at 12AZ52 on 07t27t2017 under Order No.6489623042 which expires on 04t26i2018, and is not for resale. User Notev. (1918399601) 50 ten %10% § 11.10. 12 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset suras requested by or paid to contractors for the cost of changes in the Work, unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.2.3 Records of Reimbursable Expenses, expenses pertaining to Supplemental and Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this, Agreement are as follows., (Include o1ber terms and conditions al7plicable to this Agro etnent.) § 12.1 Direct Negotiations As a condition precedent to mediation and litigation, the Owner or the Architect shall attempt to resolve all disputes via direct negotiations. Either the Owner or the Architect may make a request for direct negotiations. Direct negotiation representatives of the parties shall be the Owner's Designated Representative, as defined in Section I . 1 .8 and the Architect's Designated Representative, as defined in Section 1.1. 10. Direct negotiations shall take place at the Project worksite or at a location as agreed to by Owner's and Architect's Designated Representatives. Each party shall document results of the direct negotiations, and these documents shall be exchanged between the parties. § 12.2 Design Contingency Architect makes no warranty, express or implied, that its design is free of errors. Owner and Architect acknowledge certain increased costs and changes may be required and are anticipated due to ornissions, errors or inconsistencies in drawings and specifications prepared by Architect, Therefore, Owner shall set aside a reserve in the amount of two percent (2,0%6) of the estimated Cost of the Construction as a contingency to be used, as needed, to pay for any such increased costs and changes. Owner shall make no claim against Architect or its Consultants with respect to any increased cost within this contingency amount. If costs due to changes resulting solely from design errors, omissions or inconsistencies exceed the contingency, then Architect shall be responsible for costs incurred by Owner above that sum but only to the extent caused by Architect's negligent acts, errors or omissions. In no event shall Architect be responsible for betterment, that is, direct costs that Owner would have incurred in the construction contract but for the Architect's error or omission. § 12.3 Limitation of Liability The total liability, in the aggregate, of Architect and its consultants, and each of their partners, officers and employees, for any claims, losses, costs or damages arising out of, resulting from or in any way relating to any cause or causes, including but not limited to negligence or breach of contract, shall not exceed the available proceeds of the insurance coverage required by this Agreement. ARTICLE 13 SCOPE OF THE AGREEMENT §,13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Owner and Architect. § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document B 10 1 VIL-2017, Standard Form Agreement Between Owner and Architect .2 AIA Document E203T14-2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below: (Insert the dale qf the E203-2013 incorporated into Amis agreement.) .3 Exhibits: AIA Document 8101110-2017, Copyright Q 1974, 1978, 1987„ 1997„ 200�7 and 2017 by TheArnedcan institute of Architects, All rights reserved.WRMNG� A Init. Ths AIIA' Doi�urnent is protected: by U,S. Copyright Law and tn4erna6wi at Treat es Un,'authorizedi reptoduckion or distribution of this ARA"' Doe"'ne"t, 25 cirany portion of it�, may result in severe 6vil and Cyttninal penalhes and wiH be prosecuted Ao the maxionwon extent possible undeo the law, his document was produced by AIA software at 12A2:52 on 0712V2017 under Order iNo,5489623042,which expires on W2612018, and is not for resale. User Notes: (191'8399601) 51 (('heck the appropriate boxfor any exhibits incorporated into thisAgreement.) AIA Document E204'r"L-2017, Sustainable Projects Exhibit, dated as indicated below: (Insert the date of the E204-2017 incorporated into this agreenient.) Other Exhibits incorporated into this Agreement: (Clearly identify, any other exhibits incorporated into this Agreement, including any exhibits and scopes q1',yervices idem ed as exhibits in Section 4. 1, 2) .4 Other documents: (List other documents, 4"any, fi)rming part of the Agreement) This Agreement entered into as of the day and year first written above, OWNER (Signature) ARCHITECT (Ygnalurq) William J. Valdez, Vice President (Printed name and title) (Printed name, title, and license number, if'required) AIA Document B101 1' —2017. Copyright C 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All ligihts reserved. WARN ING: [nit. ThIs AIA` Document is protected by U.S. Copyright Lawand International Treaties, Unauthorized reprodueflon or distribution oftfis AIA"' Docuntent, 26 or any porfion of it, may result 41 severe civil and crimirialpenalflis, and Will be J)MSOCUted to the mamnium extent possiblo under the lavv. This document was produced by AIA software at 12:42:52 on 07/27r2017 under Order No.5489623042 which expires on OV26/2018, and is not for resale. User Notes: (1918399601) 52 EXH21T C - B202 CONTRACT' M -- -i WARM AIA Doc�ument B202' — 2009 Standard Form of Architect's Services: Programming for the following PROJECT: (Name and location or address) Tukwila Justice Center located in City of Tukwila, WA. ADDITIONS AND DELETIONS: The author of this document has added information needed for its THE OWNER -completion. The author may also (Nanie, legal stalus and address) have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added City of Tukwila information as well as revisions to 6200 Southcenter Boulevard the standard form text is availabie Tukwila, WA 98 188 from the author and should be reviewed. A vertical line in the left THE ARCHITECT- margin of this document indicates (Name, legal status and address) where the author Ihas added necessary information and where DLR Group, Inc. the author has added to or deleted 51 University Street, Suite 600 from the original AIA text. Seattle, WA 98101 This document has important legal consequences. Consultation with an THE AGREEMENT attorney is encouraged with respect to its completion or modification. This Standard Form of Architect's Services is part of or modifies the: accompanying Owner -Architect Agreement (hereinafter, the Agreement) dated the twenty first day of This document provides the July in the year twenty seventeen Architect's scope of services only and must be used with an owner - TABLE OF ARTICLES architect agreement, lit may be used with AIA Document G8021m-2007, I INITIAL INFORMATION Amendment to the Professional Services Agreement, to create a 2 PROGRAMMING SERVICES modification to any owner -architect agreement. 3 ADDITIONAL SERVICES Lou 2441 U MOMPT-RI 11ROULFOlff IOU R ARTICLE I INITIAL INFORMATION The Architect's performance of the services set forth in this clocurnent is based upon the following information. Material changes to this information may entitle the Architect to Additional Services. (List below h0ormation, inc ludin condition or assumpions, that will qf 9 fect the Architect's perjarmance.) Existing program documentation will be provided to Architect by Owner as basis of program requirements. AIA Document8210211-2009. Copyright 02009v by The American institute of Architects. All rights reserved, WARNWIThis AIIA" DacuniiepAvs prvAected Init by VS. Copyright Law avid lnternafionM Treafies. Unauthorued reproductioo or chstributwn of this AW, Docurnfmt, or any porbon of it, may result in evere civill and crkninall penalties, and will be prosPcuked to ffie maxAnuro extent possibIJ e under Hie Vaw, This documentwas produced by AIA software at 12:45M on 07/271201!7 under Order No.5489623042 which expires on 04/2612018, and is not for resale, User Notes, (1315202096) 53 Site selection is performed by Owner's representative and Architect will provide site test -to -fit studies for Lip to six locations. ARTICLE 2 PROGRAMMING SERVICES § 2.1 Administration, of Programming Services § 2.11 The Architect shall manage and administer the Programming Services. The Architect shall consult with the Owner, research applicable programming criteria, attend Project meetings, communicate with members of the Project team and issue progress reports and a final program document. The Architect shall coordinate the services provided by the Architect and the Architect's consultants with those services provided by the Owner and the Owner's consultants. § 2.1.2 The Architect shall confirm the scope and intent of the anticipated Project in consultation with the Owner. § 2.1.3 The Architect shall prepare, and periodically update, a schedule for Programming Services that identifies milestone dates for decisions required of the Owner, Programming Services furnished by the Architect, and completion of documentation to be provided by the Architect. The Architect shall coordinate: the programming schedule with the Owner's Project schedule, if a Project schedule exists. § 2.14 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. § 2.1.6 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, envirortniental, 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 goalls, addressing functional efficiency, user cornibrt, 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 pricirities, 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 B202� —2009, Copyright Q 2009 by The American Insfitute of ArcNtects. All rights rosorved.WARMNG� this A JAIMw.uniant is protected Init- by U& Copyright Low, and InternationA Treatie�s. Unauthorized reprmltr�,,Haur or 0stribotion of Mis AIA" Document, or any portion of rt, may result hi 2 SuaVoro r,Jvd anci crinljoal ponMti", and Mil be prosecuted to the maxio,woln extent pos, sible under the law. This ftwment was produced by AIA so are at 12A5M on OM712017 under Order INo,5489623042 which expires on 04/2612018, and is not for resale. User Notes 13152020%) 54 § 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 tor the interviews, ,3 determining the types of data that could impact the design of the facility, and .4 determining how interviewing will relate to other information -gathering techniques, such as observation and surveys. § 2.4.3 The Architect shall conduct a walkthrough of the Owner's existing facilities with the appropriate personnel, such as the Owner, property manager, or facility manager, and .1 prepare, if appropriate, a space inventory of existing spaces, equipment and furnishings, .2 identify traffic and circulation patterns, use levels and general adequacy of spaces to accommodate the users, and .3 prepare a written description or graphic illustration of the existing space utilization, identifying space requirements and relationships for, furniture, equipment, operating procedures, security requirements and communications. § 24.4 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 oil a systematic process for gathering specific program information such as furniture and equipment needs and special space, criteria, § 2.4.6 "rhe 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. § 2.6.3 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 § 2,61 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 Owners organization and the Project. AIA Document 82027* - 2009, Copyright Ci 2009 by The American Institute of Architects, A111 rights reserved. WARNIINGThis AIA" Dociumeril isproter;ted InIL by U.S, Copyright Law,;ind hiternationalTireaties, Unauthorized reproduc6on or dislAbotion of this AW" DOCLAirnent, or any portion of it may resuh in Severe civil andi chrnuial ptlmallies, and MR he prosecuted to the maximorn extent pnisiWe under ifw Raw, This documentwas producedbyARA softare at 12A5.33 on 07(27f2017 under Order No.5489623042 which expires on 0412612018, and is not for resale. User Notes: (1315202096) 55 § 2�.6.2 The Architect shall present its initial report to the programming participants or as otherwise directed by the Owner. § 2.7 Development of Final Program of Project Requirements § 2.7.1 The Architect shall recommend Project standards or incorporate Owner standards such as area allowances, space allocation, travel distances, and furniture and equipment requirements. § 21.2 The Architect shall establish general space quality standards for the Prqject related to such elements as lighting levels, equipment performance, acoustical requirements, security and aesthetics. § 2.7.3"I'he 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'rhe Architect shall prepare, a final program document detailing all items identified in Sections 2.7. 1 to 233' 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, A relevant facts upon which the program was based, .5 conclusions derived frorn 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 Programmirig, 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. ('Ctesignate the Additional Services the Architect shall provide in the second column oJ'the table, below. In the third column indicate, whether the service description is located in Section a. 2„ or in an exhihil attached to this services document. lJ'in an exhihit, identify the exhibit.,) Services Responsibility Location of Service Description (Arehitect, (Avner (Section 3.2 below or an exhibit oil attached to this document and Not Provided) identified below) § 3.11 Multiple Site Evaluation Architect Up to six site locations § 3.1.2 Site Suitability Architect Up to six site locations § 3.13 Site Planning Architect Up to six site locations § 3.1.4 Master Planning Architect § 3.1.5 Preliminary Design Architect § 31.6 Preliminary Cost Estimating Architect § 3,13 Scheduling Architect AIA Document 8202111-2009. Copyright 02009 by The American Institute of Architects. All rights reserved. WAR NiNG� This AIX` Document m protected Init. by U.S. Copy rig M Law and I MQrn a tion a � Treaties, Uro a otborized ro., p rod amflon or distribution of ithis A IA1 Document, or a ny portion of it, amy resko It 41 4 spvera civi I and cri on in a I Imnaifies, and Wi I I be prowCH',uted to the maximurn extent possoible under the paw, Th hs document was produced by AIA software at 12A5 33 on 0V2712017 under Order No.5489623042 which expires an 04126/2018, and is mit for resale. User Notes: (1315202096) 56 § 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 Architect consultants (Geotechnical Engineer, Landscape Architect, Real Estate or I,egal Services Providers, Lending Institutions or others) § 3.2 Insert a description of each service designated in Section, 3,1 the Architect shall provide if not included in an exhibit attached to this document and identified in the table above. Owner shall provide inforination for potential sites. Design team will evaluate feasibility of proposed sites based on site availability, size, utility connections, etc.. Program verification will confirm building sizes and adjacencies based on previous program provided to Architect. § 33 The Architect shall provide Programming Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 One I ) multi -day meeting to detennine Owner and user values and goals .2 Two, 2 ) interviews for the purpose of gathering data .3 Three 3 ) presentations to programming participants and user groups .4 Two 2 ) special presentations to Boards of Directors, stakeholder groups or other outside entities .5 As required facility visits pursuant to Section 2.4.4 ARTICLE 4 OWNER'S RESPONSIBILITIES § 4.1, Unless specifically described in Articles 2 or 3, the services in this Article shall be provided by the Owner or the Owner's consultants. § 4.2 The Owner shall provide to the Architect data and information necessary to complete the Programming Services, including preliminary budget objectives and other parameters for the Project, design standards, facility standards, and other design criteria, environmental criteria and sustainability objectives. § 4.3 The Owner shall identify a representative authorized to act on the Owner's behalf to participate in the information gathering process, to facilitate the programming process, and to provide, in a timely manner, decisions made by the Owner. § 4.4 The Owner shall provide to the Architect master plans or record drawings that pertain to a site or existing, facility under consideration for development or redevelopment within the scope of this agreement. § 4.5 The Owner shall provide access to the property, buildings, and personnel necessary for the Architect to complete the Programming Services, The personnel shall conduct tours and explain the property's original, current and anticipated future use, § 4.6 The Owner shall make the Owners 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 ompensation.fir, c ) § 5.2 For Additional Services provided under Section 3. 1, the Owner shall compensate the Architect as follows: AIA Document 8202r`-2009. Copyright Q 2009 by The American lnstitute of Architects, All rights reserved. WARKING � This MA" Docurrent ns protected Init. by U.S, Copyriqld Law and Intermationali Trpa6es, Unauthonzed reproduc0on or distribution of thls Alfit" Docuprent, or any portion ofit, rnay restilt in sever re 6vH and crirninai penalties, and will be prosecipted to the mixinwrn extent posOble tinder the 1aw, This docurnentwas produced by AIA software at 12:45.33 on 07/2V2017 under Order No.5489623042 which expires on, 04126/2018, and is not for resale. User Notes. (131520 096) 57 (Insert amount qf, or bafisfor, compensation. If nece.v.yaty, list specVic services to which particular methods of compen.vation apply.) TBD § 5.3 For Additional Services that may arise during the course of the Project, including those under Section 3.3, the Owner shall compensate the Architect as follows: (Insert amount ref or basis for„ compensation.) TBD § 5A Compensation for Additional Services of the Architect's consultants when not included in Section 5.2 or 5.3, shall be the amount invoiced to the Architect plus ten percent ('10 %), or as otherwise stated below: ARTICLE 6 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Standard Form of Architect's Services: Programming, if any, are as follows. none AIA Document 1520211-2009. Copydght* 2009 by The American Institute of Architects. All rights reserved. WAR NING,. This AIA' Doc rpreot �s pmtected InIt by U.S. Copyright Law and Internationai Treaties, Unauthorized ireproductiori or distribLoion of this AIA I Document, or any portion of R, may resullt in 6 ,4evere civil and crionirmi penaffies, and will be prosecuied to the wraxiinum vxte4it possible under the Parra. This docurnent was produced Ray ARA software at 112:45M on 07/2712017 under Order No.5489623042 which expires on 0,4f2612018, and is not for res -ale. User Notes-. (13115202096) W] City of Tukwila MOM 59 City of Tukwila For Architectural Design Services for a New Justice Center The City of Tukwila is solliciting Statements of Qualifications (SOQd proposals for Architectural and Engineering Design Services for the design of a new Justice Center, The City requests a limit of thirty (30) pages total for the SOQ, including cover page, project examples and supplements. It is the City's intent to select an Architectural firm based on qualifications, abilities, past performance, and ®s to complete the work within the timeframe specified. Once the City has reviewed the qualifications, one or more firms may be requested to provide additional information and/or participate in an interview process. kte4r _,_ rvrwvA M Xzerimi-c4 *V2 City staff, Police and Court staff and others. submittal of SOQs, and proposals, may be obtained by contacting Justine Kim at Shiels, Obletz Johnsen at iuisdnek@§gigta.com. SOQs and proposals are due by June 7, 2017 at 2:00 PM, The City will evaluate the proposals and select the highest-ranking firms for additional information and/or interviews. The final selection wiill be based on the combined! score of the written SOQs / proposals and the interviews. [--TTT41-IrI(CNRUV M City of Tukwila, 'voters aipprove,d a $77 MilflOrl PLAblic safety program bond m,eas,uire in November 2016, which included funding, to design and construct a new JUstice Center, The new Justice Center will, house, the police headquarters/administration, police precinct, Emergency Operations Center, and the municipaIl court for the City of Tukwila. PIiI4 .**T&TIT*T-.T3 Services will include, but are not limited to: architectural services, programming and program validation, site selection assistance, cost estimating, structura,l engineering, P (mechanical, electrical, plumbing), civil engineering, landscape design, interior design, and construction administration foapproximate program areas for the components • Courtsi 5i,000 sq. ft. • Police: 33,100 sq. ft. • Emergilency Operations Center: 6,000 sq. ft. 61 WOW. WINTM136- Shielis Obletz Johnsen Inc. Attention., Justine Kim 800 511 Avenue, Suite 4130 Seattle, WA 98104 located at 6200 Southicenter Boulevard, Tukwila, WA. As this i's an occupied City Hall, please limit attendees to 2 people per firm. 1111121T 17111111111111 1 111111IM1111111N� 1) Letter of Interest: The cover letter shall briefly summarize the firm's qualifications and, past experience relevant to the scope. A principal or officer of the firm authorized to execute contracts, or other similar documents on, the firm's behalf must sign the (letter, 3) Outline your firm's experience on the scope of work required for the appropriate discipline. 4) Describe your firm's overall approach, including team organization and work tasks necessary to accomplish the objectives. If it is your firm's practice to have specific sub- categories of the Scope of Work performed by sub -consultants), please identify the sub -consultants) you anticipate using for the project, indicate their specific role(s), and outline their experience on similar or related work. 6) Describe your quality control process. 7) Identify qualifications/expertise of the key personnel on your team, and evidence of availability of staff to begin immediately upon awarding of the contract. 8) Provide a list of key personnel, including sub -consultants personnel, indicating the specific role of each, and clearly identifying the Project Manager. 62 9) Provide a professional resume for each of the named key personnel, indicating the extent of his/her experience on projects related to this type of work. Each of the key personnel proposed for use on the project must have current professional registration or certification and, if applicable, be currently licensed in the State of Washington. 10) Past performance and record of successful completion of a justice center, courthouse and/or police precinct of similar size and scope: a) Describe any previous projects (firm and individual) of similar scope to our project, and include a description of specific responsibilities of such projects,. b) Describe any previous projects where your firm participated in the site selection process for justice centers, courthouses and/or police precincts, where you provided site analysis, emergency response time analysis as well as feasibility studies involving public engagement. c) Note any information useful in demonstrating successful results on prior projects. d) Provide reference contact names, phone numbers, email addresses and mailing addresses related for the above prior projects. A � Is] Z Rill 11111 IF -A Ar Mr 1119 ATIM MY -A Consultant's SOQ will be evaluated based on the criteria listed in this section. In, preparing the SOO, it is important to clearly demonstrate expertise in the areas described in this document, The, SOO must demonstrate expertise and firms must have available, experienced personnel in all of the areas described in the appropriate discipline either through in-house staff or sub -consultants. Firms are encouraged to identify and clearly label in their SOQ how each criterion is being fully addressed. Evaluation of responses to this RFQ will be based only on the information provided in the SOO package, and if applicable, during an interview and reference review process. The City reserves the right to request additional information or documentation from the firm regarding its SO Q documents, personnel, or other items in order to complete the selection, process. The following criteria, with a point system of relative importance with an aggregate total of 100 points, will be utilized to evaluate the qualifications of each firm: Evaluation Criteria Weighting Statement of Qualifications (SOO)lProposals, a) Staff Qualifications: 10 points b) Past performance on relevant projects: 10, points c) Project approach-, 10 points d) Site analysis/selection experience'. 5 points e) Self -performed work, firm location, current workload-, 6 points 63 Interviews a) Presentation: Clarity and thoroughness of presentation, and the firm,'s understanding of and approach to the requirements of the Project. 20 points b) Specific Questions* Thoroughness and insight in providing direct and clear answers to the questions asked. 20points c) Communication: Overall quality of the teiam's presentation, including interpersonal communications between team members and the interview panel, Quality of questions asked by the firm. 10poiniits The firm receiving the highest combined score as a result of the SOQIProposals and Interviews will be selected to enter into an agreement with the City. anj design to be a significant component of the proposal from the successful firm or team. In parfi cular, the City places substantial emphasis on police and court planning and design experience on behalf of other public agencies. a Ms - 2) Required Number of Copies: Firms responding to this RFQ shall submit six (6) copies the SOQ to the address listed above. Firms shall also submit one (1) electronic copy to t address listed above. I 3) The City reserves the right to waive as informally any irregularities in SOQs and1br to reject any or all submittals. M-1 1) This solicitation does not obligate the City to award a Contract to any respondent. At its option, the City reserves the right to waive as informality any irregularities in the S,OQs and/or to reject any or all submittals. 2) The City reserves the right to request clarification of information submitted, and to request additional information from any firm. 3) If the City awards a firm the Contract to provide architectural services, the successful firm shall be issued a written Notice of Intent to Award. The successful firm shall execute an agreement acceptable to the City within thirty (30) days from the date of Notice of Intent to Award. Failure by the successful firm to execute an agreement within the stipulated 30 -day period shall constitute non-conformance with the RFQ, allowing the City to unilaterally withdraw and terminate such intent to award. 4) The City reserves the right to award and contract to the next most qualified firm, if the successful firm does not execute a contract within the 30 days from the date of the Notice of Intent to Award. Jill 1111111111 Ill III ;J�Iil illill!1I Jill 11 11 111 1 lllllllll III FUJIM mi- SOQ/Proposal Deadline: June 7, 2017 at 2:00 pm Consultant Shortlist: week of June 12, 2017 Consultant Interviews: week of June 19, 2017 Consultant Selected: week of June 19, 2017 Scope and Fee Negotiations: weeks of June 19 — June 30, 2017 Agreement Approval by Council: week of July 24, 2017 Execute Contract: week of July 24, 2017 ADMINISTRATIVE INFORMATION: 1) Minority-owne!d and Women -owned Business Enterprises., The City strongly encourages minority owned and women owned businesses, socially and economically disadvantaged business enterprises, and small businesses to responid to this RFQ, to participate as partners, or to participate in othier business activity in response to this RFQ, 2) Basic Eligibilily: Any successful firm must be licensed to do business in the State of Washington, the City of Tukwila and must have a state Unified Business Identifier (UBI) number. In addition, the successful filrm must not be debarred, suspended, or otherwise ineligible to conitract with the City. 3) Payment Requirements: Firms should be aware that the City will only make payments on invoices after the work being billed has been completed, and will pay reimbursable expenses to the firm only upon receipt of an itemized invoice for the reimbursable expenses. No advance payments will be made, to the firm; who must have the capacity to meet all project expenses in advance of payments by the City. 65 4) AP -nsultarits: The City retains the right f final approval of any .-proval of Sub Coo subi-consultant of the selected firm who must inform all sub-coof this provision , 5) Documents Produced: All construction drawings, reports, specifications, and other documents produced under Contract to the City must be submitted to the City in both hard copy (Mylair) and a digital format that meets the City's requirements, using Microsoft Office and/or AutoCAD products, All documents shall become the exclusive property of the City. 6) Civil Rights: The City of Tukwila embraces civil rights and equal opportunity. If any events, occur involving the firm or subcontractors that would violate those rights, then the firm shall take full responsibility for said actions. 7) Insurance: Successful consultant will be expected to enter into a standard City of Tukwila Consultant Agreement (Agreement), that includes the standard general insurance requirements as follows: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which imay 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, $2,0100,000 general aggregate. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City, 3, Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability with limits no ,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. M121419111111111111&vm 11W I 1 9 a w r w N, a 0 -w 0 0 M C. Acceptability of Insurers. Insurance is to, be placed with insurers with a current A.M. Best rating of not less than A:VU. 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. FFailure 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. 67 Tukwila City Council Public Safety Corl ee-2017 fork Plan Public Safety Plan • Siting process, advisory committee, public engagement, location studyetc. Justice Center contracts (architect, construction, ancillary) Fire Station contracts (arch ancillary) Discussion of off-rap decisions, contingency steps Local/DBE Hiring Quality Assurance Contract;&Goldblatt) • Sustainability goals 011 or Briefing 2. Valley N Interlocareernent PD Com p 3. Municipal Court Security Contract Court A ] Complete 4 - Ordinance: destruction of farf A c plate h n by PD) Small unmanned aircraftsysterr s briefing 1 PD Combattin+ crime misperceptions Trespass Warnings Policy Auto Theft Task Force Interlocal As reerrrent 9, l Code Enforcement Process Update 10. Fire Department staffin 11. 1 2 1 2-3 Comms PD 23 PD DCD FD 2. Community Policin ; PD I Complete E Complete A Complete A Complete A, P I May A I Covered in annual update Leon will write a memo Carn.lete o City of Tukwila Updat d August 2, 2017 70