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HomeMy WebLinkAboutCOW 2017-08-14 COMPLETE AGENDA PACKETTukwila City Council Agenda • ❖ COMMITTEE OF THE WHOLE ❖ Allan Ekberg, Mayor Counci/members: •:- Joe Duffie •:- Verna Seal David Cline, City Administrator Kathy Hougardy •:- De'Sean Quinn Dennis Robertson, Council President •:- Kate Kruller •:- Thomas McLeod Monday, August 14, 2017; 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. SPECIAL Introduction of high school interns. Mia Navarro, Community Engagement Manager. PRESENTATION . Ibrahim Omar, Community Services and Engagement • Mohamed Mohamud, Department of Community Development — Transportation Demand Management • Ky/a Marks, Fire Marsha/s Office • Caroline Tran, Public Works Department • Abas Hersi, Technology and Innovation Services • Nawal Shego, Technology and Innovation Services • Alexandro Lopez, Parks Maintenance 3. PUBLIC At this time, you are invited to comment on items not included on this agenda COMMENTS (please limit your comments to five minutes per person). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. (Refer to back of agenda page for additional information.) 4. SPECIAL ISSUES a. An Interlocal Agreement with the Tukwila School District for the School Pg.1 Resource Officer. b. Purchase and replacement of Fire Department self-contained breathing Pg.13 apparatus and supplied air breathing apparatus. c. A contract for architectural and engineering services for the City's Justice Pg.27 Center. 5. REPORTS a. Mayor b. City Council c. Staff d. Council Analyst 6. MISCELLANEOUS 7. ADJOURNMENT Tukwila City Hall is ADA accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206-433-1800 or TukwilaCityClerk@TukwilaWA.gov). This agenda is available at www.tukwilawa.ci , and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio/video taped (available at www.tukwilawa.aov) HOW TO TESTIFY When recognized by the Presiding Officer to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to 5 minutes. The Council appreciates hearing from citizens and members of the public, and may not be able to answer questions or respond during the meeting. PUBLIC COMMENTS Members of the public are given the opportunity to address the Council on items that are NOT included on the agenda during PUBLIC COMMENTS. Please limit your comments to 5 minutes. If you have a comment on an Agenda item, please wait until that item comes up for discussion to speak on that topic. SPECIAL MEETINGS/EXECUTIVE SESSIONS Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters as prescribed by law. Executive Sessions are not open to the public. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Members of the public who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at that time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL MEETING SCHEDULE No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings - The Mayor, elected by the people to a four-year term, presides at all Regular Council Meetings held on the 1 st and 3rd Mondays of each month at 7:00 p.m. and Special Meetings. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular or Special Council meetings. Committee of the Whole Meetings - Councilmembers are elected for a four-year term. The Council President is elected by the Councilmembers to preside at all Committee of the Whole meetings for a one-year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed there are forwarded to Regular or Special Council meetings for official action. SUOMI,, --- ----- — ----- ------------- 4nifialy Meeling Date Ay acrd 6y tVl r rer i Council nwieiv 08/14/17 08/21/17 RM RM ;PONSOR: R. MITCHELL/ADAM BALCOM � ORK;INAj, AGFINDA DXITy: 8/9.4/17 (,FIND,I I'ru'm Trn,i,' Interlocal Agreement between the Tukwila Police Department and the Tukwila School District CXI'L'GOItY E Discun-ton E Alotion El Resolution R Or&nane-e El BidAward 1:1 Public Hearing "Li Other Af�g Dafe 8121117 AD& Dale Meg Dale Mi ,4/l/g Dale 8114117 g Dale Al/ g Dale g Dale SPONSOR ❑COAonil :Alayor EI -[R EDCD ]inance [Fiv [TS [P&R PoficeEIVGotha" SPONSOWS The Tukwila Police Department has provided the Tukwila School District a School Resource SUMNIAIZY Officer. The department and the school district have operated under this arrangement without an Interlocal agreement. The purpose of this Interlocal Agreement ("ILA") is to establish a clear understanding of roles, duties, and responsibilities of all involved parties. The Council is being asked to approve the attached Interlocal Agreement between the Tukwila School District and the Tukwila Police Department. Rl\1 I FIWI J) BY R C.0W mtg. E CDN Comm ❑ l7inance Comm. E] Public Safety Comm. []'rrans &Infrastructure E] Arts Comm. ❑ Parks Comm. E] Planning Comm. DATE: 07/24/17 COMMITME CHAIR: HoUGARDY RECOMMENDATIONS: SPONSOR/ADMIN. Police Department CONImIJ-11"' CDN; Unanimous approval; forward to Committee of the Whole COST IMPACT I FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 8/14/17 MTG. DATE ATTACHMENTS 8/14/17 Informational Memorandum dated 7/19/17 Interlocal Agreement Minutes from the CDN meeting of 7/24/17 8/2,1/17 2 TO., FROM: BY: CC: DATE: SUBJECT ity of Tukwila Allan Ekberg, Mayor Ure FTR I :r.1141011 1 W.10t I Lfltl a ikA I i, r, = =-- July 19, 2017 Interlocal Agreement (ILA) between the Tukwila Police Department and t Tukwila School District. I ISSIIE For many years, the Tukwila Police Department has provided the Tukwila School District a School Resource Officer. The police department and the school district have operated under this arrangement without an Interlocal agreement between the two entities. BACKGROUND The Tukwila Police Department and the Tukwila School District have a partnership and agreement to have a School Resource Officer (SRO) located at Foster High School to maintain collaborative efforts for providing a safe and healthy school environment for students, staff, faculty, and visitors. This is a full-time position within our department. We believe as a practice, that it is beneficial for our community to have a School Resource Officer assigned to schools within the district, through a partnered School Resource Officer Program ("SRO Program"). The SRO can also proactively address school safety issues and divert at -risk students from the juvenile justice system, in addition to many other projects, tasks, and assignments. The purpose of this ILA is to establish a clear understanding of roles, duties, and responsibilities of all involved parties. The attached ILA has been approved by the department, the Tukwila School District, and the City Attorney - DISCUSSION Whether to approve the attached ILA between the Tukwila School District and the Tukwila Police Department, FINANCIAL IMPACT None, the position is currently funded within the department's current budget and salary structure. RECOMMENDATION The Council is being asked to consider the attached Interlocal Agreement between the Tukwil-1 School District and the Tukwila Police Department at the August 14, 2017 Committee of the Whole and subsequent August 21, 2017 Regular Meeting. ATTACHMENTS Interlocal Agreement El • ■ F. M It is the intention of the City of Tukwila Police Department ("Tukwila PD") and the Tukwila School District ("the District") to maintain collaborative efforts in providing a safe and healthy school environment for students, staff, faculty, and visitors. We do hereby agree that it is valuable and beneficial for our community to have School Resource Officers ("SROs") from the Tukwilla PD assiqned to schools within the District through a partnered School Resource Off icer Program ("SRO Program"). We recognize through positive relationships with students and collaboration with educators and other school partners, SROs can proactively address school safety issues and divert at -risk students from the juvenile justice system. The purpose of this Inter -Local Agreement ("ILA") is to establish a clear understanding of roles, duties, and responsibilities of all involved parties. This ILA is being set forth on the day of , 20 -with full recognition that the document must be a living document to allow for program evolution and provide for some variances, needs, and future changes, provided such changes are agreed upon in writing by the Parties. It is the mission of the SRO Program to provide the highest quality professional police cervice to the District and community by promoting school safety and improving the A,ducat'onal environment. It is the mission of the individual SRO to keep students and staff safewhile simultaneously upholding the law and supporting the educational mission of the District and its individual schools. The District and Tukwila PD share the common goal of ensuring responsible juvenile behavior, The SRO Program is designed to form a partnership between the school administration, teachers, faculty, students, parents, and members of the Tukwila PD toward that end. Specific goals and objectives of the SRO Program include, but are not limited to: 1 Enhance safety while minimizing criminal activity on and around school campus 2, Alleviate tension and fear brought on by criminal activity on or around 3. Establish and maintain a positive working relationship in a cooperative effort with staff to prevent juvenile delinquency and assist in student development 4. Identify youth in danger of becoming known to the criminal justice system, and help teach and steward those students to choose more positive and socially acceptable ways to behave 5. Enhance communication and understanding between students, their families, the District staff, and the Tukwila PD 6. Create a greater understanding and respect for law and order in the public school system 7. Promote positive attitudes regarding the police role in society 8. Reduce the need for Police Patrol Division response to the schools in order to collaboratively promote. build, and maintain a hiqhlv successful SRO Program, 'the following roles, responsibilities, and expectations include, but are not limited to: 1 Provide a safe work space and necessary office equipment for the SRO to conduct interviews, maintain confidential records, and successfully carry out his/her daily duties 2. Assist in outlining mechanisms for incorporating the SRO into the school environment, programs, and daily operations 1 Establish standing meetings with the SRO and school safety teams 4. Ensure that staff cooperates with police investigations and any subsequent actions related to crime or criminal activity on campus 5. Work with school administrators in identifying problems and evaluating progress under the ILA 6. Operate with the understanding that school code of conduct violations and routine discipline of students remains the 1 Operate as the clearly established Chain of Command for the SRO 2Maintain responsibility for the selection of the SRO with the ability to request the assistance and input of the District 3. Dependent on department needs, budgets, and staffing levels as determined by the Chief of Police in his or her sole discretion, assign a minimum of one (1) fully commissioned police officer as the SRO to the District as a full-time specialty position, during the school year. Duration of the position will be determined at the discretion of the Chief of Police, 4. Establish the working hours of the SRO through the Division Commander with the flexibility necessary to achieve the goals and objectives of the SRO Program 5, Provide necessary police -related equipment for the SRO to successfully carry out his/her daily duties 1 Maintain a primary presence and focus at Foster High School and Showalter Middle School, with the ability to visit the elementary schools at any time 2. Handle the calls that are related to the assigned school(s) and would normally be directed to Patrol 3. Report all significant incidents to a police supervisor within the Tukwila PD 4. Investigate and follow-up on crimes reported at the schools 5. Assist Patrol and Investigations personnel in the arrest of juveniles at the schools as a result of investigations not originated by the SRO 6. Work closely with other officers of the Tukwila PID in matters relating to the schools, youth gangs, and youth within the community 7, Assist the school administration with the prevention of crime and delinquency on campus 8. Operate based on national data -supported SRO models under the authority as a law enforcement officer with special emphasis as an educator and informal counselor to the students 9. Strive to increase student understanding and respect for law enforcement through interaction in informal situations and activities 10. Interact with students relating to police/student problems and be a focal point for quelling unrest on campus 11. Develop and maintain lines of communication between District staff, students, parents, and the Tukwila PD ZMEM 12. Serve the school and community as a source of information regarding City and Police functions 13. Provide officer -in -classroom programs when requested and as Tukwila PD staffing allows. This might include educational presentations to staff and students regarding the criminal justice system, criminal activity, and substance abuse education. 14. Assist school staff in establishing policies that will contribute to the safety of school staff and students 15. Participate in student counseling and parent conferences, when appropriate 16. Provide testimony and technical assistance to the District at expulsion hearings, or other proceedings when appropriate 17. Coordinate and supervise security measures at school activities in conjunction with a designated school administrator, including sports events, dances, plays, etc. 18. Work with the school administration in identifying gang activity or potential gang activities as related to school safety 19. Attend youth gang task force meetings, as time allows 2& Attend periodic meetings of SROs and related organizations 21, Be a positive role model for youths through positive interaction and projection of a professional 'image 22, Provide training for campus supervisors on maintaining a safe and secure environment 23. Operate with the understanding that school code of conduct violations and routine discipline of students remains the responsibility of school administrators 1 . Work with school staff to prepare for the next school year 2. Attend job related training I Supplement the Patrol and Community Police Team (CPT) function IF I � ill I 1. The City of Tukwila Police Department will be responsible for compensation of the SRO. 02MVIUM-A&L4 11 M M M EM= appropriate civilian attire as the occasion requires, with their Tukwila PD supervisor's approval 2. The working hours of the SRO may require frequent adjustments to accommodate special events requiring their presence 3. The SRO will start work at the assigned school one week before the classes start for students in the fall. The starting time corresponds with that of the school's administrative staff. This will generally be in the third week of August. The SRO shall continue to work at the school until the last day of the school year, generally the second or third week of June. 4. Annual performance evaluations of the SRO will be the responsibility of the SRO's supervisor within the Tukwila PD, and any evaluation and assessment ofthe SRO Program as a whole will be conducted as a joint effort between the District and Tukwila PD 5 A! I parties ag ree to maintain regular and open corn m unication to evaluate the effectiveness of this ILA and suggest improvements and adjustments that may be necessary 6. All parties agree to provide their employees with training relative to the SRO Program and its purpose 7. All parties will consider and adhere to all federal and state laws that govern the collection, use, and dissemination of student records 8. Any formal complaints regarding the conduct of the SRO will be officially processed through the Tukwila PD This ILA is effective on the day of '20 and shall main in effect unless re newed by agreement of both parties or terminated as provided herein. 6 Lill N 10 MAIL11MIAMIT11,11, '01 I'll 'is No modification of this ILA shall be valid unless the modification is in writing, duly dated, and signed by both parties. 9311URNMMOM, ROW Each of the Parties shall defend, indemnify and hold the other Party, their officers, officials, employees and agents harmless from any and all costs, claims, judgmentand/or awards of damages, arising out of, or in any way resulting from that otherparty's negligent acts or Q6 omissions in performing under this Agreement, No Partywill be required to defend, indemnify or hold the other Party harmless if the claim,suit or action for injuries, death or damages is caused by the sole negligence ofthat Party. Where such claims, suits or actions result from the concurrentneigligence of the Parties, the indemnity provisions provided herein shall be validand enforceable only to the extent of each party's own negligence. Each Partyagrees, that its obligations under this subparagraph include, but are not limited to, any claim, demand,, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this reason, each of the Parties, by mutual negotiation, hereby waives, with respect to the other Party only, any immuinity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RM It is not intended that a separate legal entity be established to conduct this cooperative undertaking. Tukwila PD shall act as administrator of this Agreement. No special budget or funds are anticipated, nor shall any be created. The parties are each responsible for their own finances in connection with this Agreement, and nothing in this Agreement shall be deemed or construed otherwise. The parties do not intend to acquire, hold, or dispose of any real or personal property pursuant to this Agreement. Executed this day of 20 By� 10 City Council Community Development & Neighborhoods Committee COMMUNITY DEVELOPMENT & NEIGHBORHOODS COMMITTEE Meeting Minutes July24, 2017- 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Kathy Hougardy, Chair, Verna Seal, Kate Kruller Staff: David Cline, Rick Mitchell, Laurel Humphrey CALL TO ORDER: Chair Hougardy called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Interlocal Agreement: School Resource Officer Staff is seeking Council approval of an interlocal agreement with the Tukwila School District for the School Resource Officer (SRO) Program. The City of Tukwila has been funding one full-time SRO for many years and there has never been a formal agreement in place. The proposed ILA establishes roles, duties and responsibilities for all parties, and no financial impact is associated as the position is already budgeted. Councilmember Kruller asked if there were any liability implications resulting from the agreement and staff agreed to check with WCIA prior to the Committee of the Whole discussion. UNANIMOUS APPROVAL. FORWARD TO AUGUST 14, 2017 COMMITTEE OF THE WHOLE. II. MISCELLANEOUS Ad}purned,5:41 p.m. ;5 � Committee Chair Approval 1 Minutes by LH 11 12 ]m A iilq np 0 M111 11�•I I! ---------------------------_-..---Initials ITEMNO. Meeting Date L,2aredM b view y Coundl rV , 08/14/17 CF 08/21/17 CF 4.B. ITEM INFORMATION =STAFF SPONSOR: JAY WITTWER 10RK;INAI,AGI,*,NDADA'FF,: 08/14/17 A(,ENDA Fire Department Self Contained Breathing Apparatus (SCBA) and Supplied Air Breathing Apparatus (SABA) Replacement. CA'I'V(',0RY Z Disminon Z Notion F1 Resolution El Orekhance E] BidAward [:] Public Hearing � Other Alig Date 08114117 Mig Dale 08121117 Aft Date A Date M/ ,g Date All ,g Dale Ali ,g Date SP0NS01k [-]Cougeyl []Alayoi E]HR E]DCD [:]Finanve Z.Fhv []TS [:]P&R [:]Police [:]PWI [:]Court SM)NSOWS The department breathing systems, SCBA and SABA have exceeded 20 years of age. Both SUMMAItY systems have exceeded their service life. Funding in the Public Safety Plan is Identified to replace both systems in 2017. Staff recommends that Council pass Motion to approve this purchase at the 08/07/17 Regular Meeting, and that Council authorize the disposal, through trade in of the existing equipment. iiy El C.O,W. mtg. � CDN Comm Z Finance Comm. Public Safety Comm. F-1 Trans &Infrastructure [:)Arts Comm. [] Parks Comm. Ej Planning Comm. DATE-: 08/08/17 COMM FITEE CHAIR: SEAL RECOMMENDATIONS: SPONSolt/ADMIN. Fire Deprtment C0MMI'1-F1.1-'E Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED $360,000 $480,000 $ Fund Source: PUBLIC SAFEW BOND Comments: There will be additional purchases associated with the replacement of the" systems. MTG. DATE RECORD OF COUNCIL ACTION 8/14/17 MTG. DATE ATTACHMENTS 8/14/17 Informational Memorandum dated 07/12/17 SCBA Purchase Project Recommendation Report Quote from SeaWestern,, territorial manufacturer's representative dated 07/11/17 HGAC Worksheet Minutes from the Finance Committee Meeting of 07/18/17 8/21/17 13 14 C4y of Tukwila Allan Ekberg, Mayor FROM: Jay C. Wittwer, Fire Chief BY: Chris Flores, Assistant Fire Chief DATE: 07/12/17 W_,Tl3:NT14 in M, V-3 a orl C. 14MMS-12 i-f-AllZme mu .ISSIE The department breathing systems, SCBA and SABA have exceeded 20 years of age. Funding in the Public Safety Plan is idened to replace both systems in 2017. The department s-- • • eorization from Council to purchase new systems and to dispose of the old systems through the vendor, for credit towards purchase of new equipment. F.T_11471fffZT91111,11 FRI SCBA is one of the most critical systems of Personal Protective Equipment in the modem firefighter's armor. It protects our respiratory systems from intense heat and toxic substances. It allows us to function in environments that can be deadly to the unprotected. SABA protects rescuers from the inhalation hazards associated with the confined space work place. This is an environment that is commonly entered by construction workers, utility workers, and some of our Tukwila Public Works employees. Both systems have exceeded their service life. The manufacturer no longer supports this equipment and repair parts are scavenged from units turned into the manufacturer's representative by other departments. Service life was extended through an extensive rebuild that was conducted on all systems five years ago. The Public Safety Bond identifies replacement of these systems at 15 -year intervals. This is consistent with a 15 -year warranty and a maximum service life of 15 years for all high-pressure cylinders. The department evaluated the breathing systems of two manufacturers, MSA and Scott. These are the only systems in use in King County, and a majority of Western Washington. Our current systems are MSA. MSA was again chosen, through an evaluation process that included search & rescue and live fire exercises at the Washington State Fire Service Training Academy. DISCUSSION Replacement is imperative. Approximately half of the current inventory of high-pressure breathing cylinders will expire in August of 2018. Manufacturing lead time, acceptance and training must be considered in the timing of replacement. An order placed by the end of August will place us in a favorable position to conduct all service preliminaries prior to the expiration of current components, We will also be afforded the pricing offered to the Puget Sound Regional Fire Authority and other ®. departments in a package sale and manufacturing window. The purchase is eligible to be executed under the HGAC Buy, but with better pricing than currently exists through HGAC Buy. This will be accomplished through discount for turn -in of existing equipment. HGIAC is an existing competitive government bid, In 2014 The City of Tukwila purchased two fire engines from Pierce Manufacturing through the HGAC Buy program, 15 FINANCIAL IMPACT The current financial impact is $360,000.00 from the Public Safety Plan Bonding. The overall project budget was 'identified at $480,000.00. Additional high-pressure cylinders, approximately half of current inventoq, must be reed starting in 2019 at a cost of equipment separate of this manufacturer must be purchased for the Supplied Air Breathing Apparatus systems. RECOMMENDATION iTA -- ATTACHMENTS -SCBA Purchase Project Recommendation Report -Quote from SeaWestern, territorial manufacturer's representative dated 07/11/17 -HGAC Worksheet W 2017 Info MemosWBAInfoMerno.doc 16 Self -Contained Breathing Apparatus Purchase Project Recommendation Report Introduction The Tukwila Fire Department employs the use of Self -Contained Breathing Apparatus (SCBA) in its firefighting operations. The SCBAs are made up of three main components: the harness, air cylinder, and facepiece, as well as multiple minor components: Heads -tip display (HUD), voice amplifier, and air-transfill hose. The current inventory of SCBAs have main components that are over 15 years old and some pieces have parts available to fix them. The facepieces are consistently failing due to the aging and degradation of the rubber materials. The majority of air cylinders will also reach the end of their service life in July of 2018. 1' Methodolo2v For this report, we surveyed fire departments throughout King County that had recently purchased or are currently in the process of purchasing new SCBAs. We were provided samples of their evaluation processes that we could incorporate into our own evaluations. We also observed formal presentations from the sales representatives for both the MSA SCBA and the Scott SCBA. We also provided opportunities for all firefighters to have hands-on scenarios followed by a standardized evaluation form and opportunities for individual input. Review of the SCBAs MSA - Currently use MSA and are familiar with overall operations. - The proposed 2018 ed, of NFPA 1981-2 requires no hardware updates without buddy - breather. only software updates. Updated facepiece has no outside attachments to get caught on and break. MSA trans -fill will equalize air between SCBAs regardless of air pressure. In-house technicians can make repairs and service SCBAs. Offer 4500 psi bottles rated for 45 minutes, 15 -year warranty on all parts which includes electronic parts and bottles, Scott - Do not currently use Scott, and transition to a new style will require more initial training, - The proposed 2018 ed. of NFPA 1981-2 requires hardware retrofitting to be compliant. Upgrades to facepiece require outside attachments which add to weight of mask.. Scott gives air to Scott, but will not give a] r to MSA, and trans-fiI I will on ly work i f supply air pressure is higher than the bottle needing air. SCBAs are serviced through a contract with the vendor. Offer 5500 psi bottles rated for 45 minutes, however current fill stations do not support 5500 psi, and the increase to a 5500 psi bottle does not increase work time. I 0 -year warranty on a I I parts and 15 -year warranty on the 1" stage regulator. 17 Evaluation/input Findings Following the hands-on scenarios, standardized evaluations were given. The individual scores were compiled, then averaged. The final score was an 89% for the MSA SCBA, and a 75% for the Scott SCBA (Figure 1). Opportunities for individual input for firefighters were made, and 72% favored MSA, 5 % favored Scott, 20% either had no preference or were undecided, and 3% gave no input (Figure 2). Excluding the 3% who gave no input, 100% of the firefighters felt there was enough information and opportunities given to make a final recommendation for the department. 100% 909� 80? K" 70% 60% 50% 40 ,� 30% 20% 0% 100% 90% 80% 70% 60IX. 50% 40% 30% 20% 10 `, 9:1 MSA 72% Figure 2 Individual Input Scott N Recommendations • MSA GJ • 'Frans -fill hose 0 Officer SCBA to include thermal imaging camera in pass device 0 45 Harnesses (7 harnesses to include thermal imaging camera), 90 bottles, 95 facepieces, In closing, there is a real need to replace our current generation of SCBAs. This need has been identified for several years and continues to be more critical with age-related breakdowns. The evaluation processes that were set up showed a clear preference for the MSA, G I SCBA. The warranty offered by MSA is better than that offered by Scott. Based on our research, we make the recommendation of the MSA GI SCBA. We feel this SCBA will ensure the department is outfitted with a SCBA that conforms to NFPA requirements and allows firefighters to do their Jobs effectively and safely. 19 20 SEAWESTERN FiRr FIGHTING Fot1PMFN-r P.O. Box 51, Kirkland, Washington 98083 Phone (425) 821-5858 / Fax (425) 823-0636 / Toll Free 1-800-327-5312 iN,%vw. seawe stern. co m / E-mail: info(ii,,seawestern.corn QUOTATION TO: Tukwila Fire Department DATE: 7,11.17 444 Andover Park E Tukwila, WA 98188 A11"N: AC Chi -is Flores Replying to your inquiry we are pleased to quote as follows: rri-,m 4 1 QTY I DESCRIPTION I UNIT PRICE I EXTENSION IMSA "1' SCBA S"Y'STEM 1 47 MSA "GI " Breathing Apparatus Includes: 4500 PSI Operating System with Remote Quick Connect Cylinder System, "G I" Carrier and Harness System with Chest Strap, Metal Cylinder Band and Adjustable Swiveling Lumbar Pad, "G I " Regulator with Solid Cover with Continuous Low Pressure Hose, Quick Connect Cylinder Connection, "G I" Amplifier System on Left Chest, "Cil" PASS Device on Right Shoulder and Rechargeable Battery System, NFP.rl 1981, 2013 Edition and NFPA 1982, 2013 Ediflon Coinplicini. ? 85 MSA "GI" Breathing Apparatus Facepiece Available in Small, Medium and Large. 3. 57 MSA "Gl"Breathing Apparatus 45 Minute Cylinder With Cylinder Valve, Quick Connect Fitting and Custorn Logo 4. 2 MSA "GI " Breathing Apparatus 60 Minute Cylinder With Cylinder Valve, Quick Connect Fitting and Custom Logo 5. 6 MSA "Gl " Breathing Apparatus SABA System ATO PCG41 DA2PO supplied with CJEN Fittings, I0 -minute Carbon Cylinder xv/Kevlar Bag Carrier System & Mask 6. 3 MSA "Gl " RITIRIC Systems with 60 Minute Bottle in a TrueNorth Bag, Includes Mask FOB: 'Tukwila, WA DELIVERY: 90 to 120 Days after receipt of order $285.001 $24,225.00 $1,165.001 $2,330.00 $4,300.00 1 $12,900.00 Sea Western, Inc. By: Adrian Parker 21 ,A SEAWESTERN FIRE FIGHTING F.QuIPMENT P.O. Box 51, Kirkland, Washington 98083 Phone (425) 821-5858 / Fax (425) 823-0636 / Toll Free 1-800-327-5312 seaxves tern. co m / E-mail: jnfoki;sea"restern.corn QUOTATION TO: Tukwila Fire Department DATE- 7.11 . 17 444 Andover Park E "Tukwila, WA 98188 ATTN: AC Chris Flores Replyint-F to your miquiry we are pleased to quote as follows: . - I ITEM 4 1 QTY DESCRIPTION UNIT PRICE I EXTENSION 7. 47 MSA "GI " Breathing Apparatus Option "D $75.00 $3,525.00 Servicable Shoulder Straps. 8. 4 MSA "Gl " Breathing Apparatus — Fill Station Adopter $525.00 $2,100.00 Quick Connect Adapter for Fill Station, Price Per Fill Position. 9. 1 MSA "Gl " Breathing Apparatus —Fit Test Adapter $315.00 $315.00 For Quantitative Fit Test of Department Members, 10. 5 MSA "GI " Spectacle Kits $115.00 $575.00 MSA part 10144230, Existing Prescription can be Retrofit. 11. 2 MSA "Gl " Tag Reader/ Writer $425.00 $850.00 Includes: Dongle and Software. One Red Dot, One Green Dot 12. 1 MS4 "GI " Flow Test Adapter $250.00 $250.00 13, 1 MSA "Gl " CARE Custom Tool Kit Na Charge 14. 4 CARE Trainingfor Tukwila SOBA Technicians No Charge 15. 7 MSA "Gl " Integrated TIC wl 10 -yr Warranty $1,095.00 $7,665.00 16. 5 MSA "Gl " Rechargeable Battery Charging Stations $575.00 $2,875.00 17. 12 MSA "Gl " Rechargeable Batteries $275.00 $3,300.00 FOB- Tukwila, WA DELIVERY: 90 to 120 Days after receipt of order Sea Western, Inc. By: Adrian Parker 22 SEAWESTERN FIRE, FiGirriNc EQUIPNIFNT P.O. Box 51, Kirkland, Washington 98083 Phone (425) 821-5858 /.Fax (425) 823-0636 / Toll Free 1-800-327-5312 N,Tww. se awe stern. co na / E-mail: inf(* �,wj,,-awe,sqe rn. corn QUOTATION TO: Tukwila Fire Departe ient DATE: 7.11.17 444 Andover Park E Tukwila, WA 98188 ATTN: A.C. Chris Flores ReplyingM, 10 V0LIr inquiry we are pleased to quote as follows: I ITEM P, I QTY DESCRIPTION I UNIT PRICE I EXI-ENS17N 18. 50 19. 47 20. 48 21, 48 22. t. of 23. 6 24 5 MSA "Gl " RFID Tags for Bluetooth Integration & Telemetr),, MSA "Gl " Traits -Fill Hose Pouch ,TSA ""GI " Cylinder Dove Tail Adapter RISA ""GI " Cylinder Quick Fill Adapter Parts Lot Per Attached I Budtlp Breather For Truck Supplied Air Transfill Hose Pricing Includes Training of Department Personnel on Donning and Doffing and Cleaning of MSA "GI " SCBA System. Pricing Includes Deliver- y to Department Location. Pricing Includes Use of PortaCount Facefit Testing Machinefor Initial Fit Testing of Department Membership. $30.00 $152.00 $37.50 $40.00 $2,832.26 $395.00 $699.00 Sub -Total S1,500.00 $7,144.00 $1,800.00 $1,920.00 $2,83Z26 $2,370.00 $3,495.00 $322,321.26 23 CONTRACT PRICING WORKSHEET Contract Date ffUCBuy EE08-15 ; 7.1 .17 For Catalog & Price Sheet Type Purchases No.: Prepared. This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H -GAC 713-993-4548. Therefore please type or print legibly. Buying a lire Department : contractor: lSeawestern, Inc. Agency; Contacti :AC Chris I-'Ioj-es Prepared 'Adrian Parker Person- By: I Phone: ]425.788,1625 Phone- `206-427-4967 Fax: -42+-823-0636 ' Email: chris,flores@tukwilawa.gov Ernall: pdri,an@seawestern.com Catalog I Price Sheet Product code F, ACD N a in e: General Description of Product/ Product Code NISA G I SC IJA w/Accsessories A. Catalog f Price Sheet Items being purchased - Itemize Below - Attach Additional Sheet If Necessary Quart Description Unit Pr Total 47 MSA G I ATO A-6 I FS444MA2CALAR 57201 268840 85 ]MSA GI MASK PIN 10161810 279:: 23715 to GI CYLINDERRIN 10156424 -SP 993� 9930 4 FILL STATION ADAPTER PIN 10 158408 615: 2460 :C 4 GA 347 ADAPTER P/N SCV10457 19,5:4 78 I :MSA AVIR ADAPTE'R PIN 10144231 -SP 120:: 120 57 MSA GI QUICK CONN L"C'I" ADAPTER P/N 10149702-S1' 53:: 3021 50 WSA ID Tates RN 10083875 36.71 1835 5 MSA G I RECHARGEABLE BATTERY CHARGING STATION P/N 10 158385 475 2375 12 :MSA GI RECHARGEABLE BATTERY II/N 10148741 -SI) 3201 3840 50 MSA G I IDTAGS PIN 10083875 36.7 1835 MSA GI 117 TAG Rl---'A DE:RUWRITER P/N 10158 07 600:: 1200 Total From Other Sheets, If Any: — _74J69 Subtotal A: 326718 B. L ' Inpublished Options, Accessory or Service items - Itemize Below - Attach Additional Sheet If Necessary (Note: Unpublished Items are any which were not submitted and priced in contractor's bid.) Quart Description Unit Pr Total 6 IMSA GI SABA SYSTEM A'I'O-PCCj4 I DA2PO 1445:: 8670 7 'VISA GI I.T]C INTEGRA'rEDTHERMAL IMAGING i CAMERA 2295: 16065 3 -MSA G I RIT/RIC 43001 12900 6 MSA G I EXTENDAIRF It BUDDY BREATHER W/11OUCH 395� 2370 Total From Other Sheets, If Any: 16996, Subtotal �Hf7(111 Check: Total cost of" IJ npubi i shed Options (13) cannot exceed 25% of the total of i : For this transaction the percentage is: the Base Unit Price plus Published Options. C. Trade-ins / Special Discounts / Other Allowances / Freight i Installation / Miscellaneous Charges TRADE IN OF ExisTING EQUIPMENT ($61,397.74) -61397.74 Subtotal C: -61397.74 Delivery Date:. Nov -=17 D. Total Purchase Price to+I3+C): 322321.26 F4111 City Council Finance Committee August 8, 2017— S30 p.m. — Hazelnut Conference Room, City Hall Councilmembers: Verna Seal, Chair; Kathy Hougardy, Thomas McLeod Staff: Vicky Carlsen, Sherry Wright, Cindy Wilkins, Leon Richardson, Jay Wittwer, Chris Flores (left at 5:36 p.m.), Rose Warren 50!211111 EME. ,,� 19.9 M -T thina ADDaratus Purchases Sta* is seeking Council approval to purchase replacements for the Fire Department's Self Contained Breathing Apparatus (SCBA) and Supplied Air Breathing Apparatus (SABA) in the amount Of $322,321.26. The current systems have exceeded their useful life and are no longer supported by the manufacturer, The Public Safety Plan identified replacement at 15 -year intervals and provides funding in the amount Of $36o,000. Staff evaluated breathing systems from two manufacturers and have selected MSA for their merits and warranty option. UNANIMOUS APPROVAL. FORWARD TO AUGUST 24,203.7 COMMITTEE OF THE WHOLE. B. Grant Application: WSDOT Transportation Grant Focused on Trip Reduction Staff is seeking Committee approval to apply for a new WSDOT Transportation Grant Focused on Trip Reduction, due August 15, 2017. WSDOT is seeking to award up to $25o,000 for creative Transportation Demand Management (TDM) strategies throughout the state. If awarded, staff will use the fund to further implement TDM strategies and achievement of Regional Congestion Mitigation and Air Quality Improvement Program deliverables. UNANIMOUS APPROVAL. C. Police Department Evidence Purchases Staff is seeking Committee approval to purchase two Dry Safe Evidence Cabinets in the amount Of $3.4,829. The current space to dry biohazardous or wet items is insufficient. The drying cabinets would be placed in the lab and will have properventing and security. Staff is also seeking Committee approval to purchase a commercial freezer and temperature monitoring alarm system for evidence storage in the total amount of 68,673-34. There are no monitoring fees for the alarm system. Funds for these purchases are available from the Tukwila Motel Forfeiture Seizure Fund. UNANIMOUS APPROVAL. 25 26 raj ------- --------------------_____-Initials ITEM INFORMATION IS'I'AFF SPONSOR: BOB GIBERSON IORI(31NALA(-,,]-SNDADA'1'1,": 8/14/17 AGI NDA I,i"j,,m Tn'Lil; Contract for Architectural and Engineering Design Services for new Justice Center. CxI'1-'(-'oItY 0 Diseussion Z A40tion Fj Resolution Fj Ordinance � BidAward [] Pubbe Heating El 01he) Af1g Dale 8114117 Af1g Date 8121117 Alig Date Alig Date Alig Date AlIg Dale AlIg Date yor' []HR []DCD EjFinance EjFire E]T E]]-'&, R E]Pofice ZPIV E] Court S110NSOR E] Guwil Z�Wa SPONSOR'S Consider a Contract with DLR Group, Inc. for Architectural and Engineering design services SUMMARY for the new 3ustice Center as part of the Public Safety Plan. Council is being asked to approve this design contract with DLR Group Inc. in the amount of $2,146,084.00. REV I F,"WE'D BY El C.OW. mtg. [:] CDN Comm E] Finance Comm. Z Public Safety Comm. E]Trans .Infrastructure F-1 Arts Comm. E] Parks Comm. 0 Planning Comm. DXTE: 8/7/17 COMMI-FfEE CI-Lkllt: McLEOD RECOMMENDATIONS: SPONsoi/Ai)m]N. Public Works Deortment COmm"I'll'F Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED $2,146,084.00 $2,457,000.00 $ Fund Source: 305 FUND Comments: Public Safety Plan MTG. DATE RECORD OF COUNCIL ACTION 8/14/17 MTG. DATE ATTACHMENTS 8/14/17 Informational Memorandum dated 8/2/17, plus attachments XPFF subconsultant letter amended after PS Committee) Minutes from the Public Safety Committee meeting of 8/7/17 8/21/17 27 W. of Tukwila Allan Ekberg, Mayor TO: Public Safety Committee FROM: Bob Giberson, Public Works Director CC: Mayor Ekberg DATE: August 2, 2017 �391 012140�_MVI MTMtV.TM I WL-IUIT" I 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 Request 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 arch itectural/eng ineering basic and additional services for $ 851 084.00 for the programming phase, security electronics systems and detention equipment consultation, civil and landscaping consulting services among other expenses. On May 10, 2017, with assistance from Shiels Obletz Johnsen (SOJ), the project management firm assisting the City in the implementation of the Public Safety Plan, the City issued a Request for Qualifications for architect and engineering services. Ultimately, the City received eight proposals that were evaluated by SOJ, the City's Public Works Director, the Police Chief, the Court Administrator and the Communications and Government Relations Manager. Four firms were ultimately interviewed and DLR group was chosen by the interview panel that included the Public Works Director, Deputy Police Chief, Court Administrator, SOJ representatives and the Communications and Government Relations Manager. DLR Group was chosen for several reasons: • Strength of design of previous justice centers in the greater Seattle area • Confidence in the proposed project manager's qualifications and demonstrated knowledge of the detailed functionality police and courts operations • In-house disciplines for Mechanical, Electrical and Structural engineering staff. • Experience with and commitment to working with disadvantaged businesses (DBEs). • History of working on successful General Contractor Construction Management (GCCM) projects • Recommendations from project managers on their previous projects, as well as direct conversations with occupants who use the facilities they designed SOJ negotiated a not to exceed amount of $2,146,084,00. The project manager, with significant experience building public projects and an architect herself, has determined this is a good value for the City and taxpayers. W INFORMATIONAL MEMO Page 2 RECOMMENDATION The Public Safety Committee is asked to approve the contract for architect and engineering services with DLR Group, Inc. and forward it to the Committee of the Whole meeting on August 14, 2017 and subsequent August 21 2017 Regular Meeting. ATTACHMENTS Scoring Sheet Request for Qualifications Proposed DLR Group Contract 30 Tukwila Justice Center NE Scoring June 28, 2017 Firm Max Points Availa e DLR Group SF4G It Politlel• Hu Integrus Proposal average Interview average 50.0 39.4 39.6 37.6 50.0 44.2 43.7 34.3 Total 100.0 83.6 74,9 71.9 Rank 1111111111M111 11•11111011111111111 4 32 i1 pCity of Tukwila ContractNumbec TBD 6200 Southcenter Boulevard, Tukwila WA 98188 i 1 0 i 00161aw-UMUMU-1 THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and DLR Group inc., a Washington corporation, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1 Project Designation. The Consultant is retained by the City to perform Architectural Design and Planning services in connection with the project titled Tukwila Justice Center Project, 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibits A, B, and C attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement, Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending at the completion of construction, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than December 31, 2020, unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibits A, B and C attached hereto, provided that the total amount of payment to the Consultant shall not exceed $2,146,084 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 33 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not provided the City substantially perform its obligations under this Agreement, The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any alterations to or use of the said documents, drawings, specifications or other materials on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant shall indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all injuries, damages, losses or expenses including reasonable attorney fees and litigation costs to the extent recoverable under applicable law, to the extent caused by the negligent acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of Consultant's services, bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below - CA revised : 4-2017 34 1 - Automobile Liability insurance with a minimum combined single limitfor 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 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage, 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4, Professional Liability with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession, B. Other Insurance Provision. The Consultant's Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A-Mll. D. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. Certificates of coverage and endorsements as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. E. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two, business days of their receipt of such notice. F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City, 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees, The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11 Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. CA revised -. 4-2017 35 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 11 Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court, 16. Severabilily and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. City Clerk City of Tukwila 00 Southcenter Boulevarl' Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: DLR Group inc. 51 University, Suite 600 Seattle WA 98101 18, Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 19. Inconsistent Provisions: In the event provisions of this Agreement are expressly inconsistent with Exhibits A, B and C, the provisions in this Agreement shall supersede those contained within Exhibits A, B and C. CA revised 4-2017 36 DATED this day of 20 CITY OF TUKWILA CONSULTANT RMIM1111.143-MM Attest/Authenticated: City Clerk, Christy O'Flaherty CA revised: 4-2017 M Printed Name, 0711111M<># * � » Office of the City Attorney MOM 37 9: 16 DLR Group ATchitecturp Enginetring Planning Interims 51 University Street, Suite 600 Seattle, WA 98101 July 27, 2017 Justine Kim Shiels Obletz Johnsen 800 51h Avenue Suite 4130 Seattle, WA 98104 justinek@sojsea.com Project Name- City of Tukwila Justice Cent DLR Group Project No.: TBD Re: Design Services Proposal (revised) Dear Justine, EXHOT A - PROPOSAL This letter will serve as our proposal for Professional Services for the City of Tukwila Justice Center in Tukwila, WA. The scope of services is based on providing design services for a new center for police, court, and EOC colocation, with an approximate square footage of 44,100 GSF and an estimated construction budget of$14,600,000(MACC). The MAC C provided in the request for proposals equals a cost of $331 /sf. The MACC was used in calculations in the Washington State Fee Schedule matrix. This Professional Services Agreement is a proposal for the Scope of Services outlined in the Professional Services Agreement. During pre -design phase, we will work with the City to identify multiple factors which may determine parameters above and beyond assumptions used for this proposal. This proposal shall be based on the information known at this time in lieu of factoring more extreme assumptions, and we will work with the City to revise the scope of services through additional services as necessary should factors significantly change the scope of the project. Assumptions included in this proposal include the following: • Initial program documents that will be verified in pre -design include Police, Court, and EOC totaling 44,100 GSF. • Site to be selected will be an urban, previously developed site in the City of Tukwila with utility connections and standard site infrastructure available. Wetland mitigation and flood plain design and development are not considered a factor on a previously developed site. • The project is not required to be certified for LEECH, WELL Building, or equal certification process. Design strategies for sustainability will be implemented as standard practice, but certification documentation is not included. 39 Justine Kim July 27, 2017 Page 2 • The project will be provided with GCCM project delivery. GCCM shall be brought onto the project by the beginning of Design Development Phase, Basic Services per State of Washington Fee Guidelines July 2016 Version on a project scope of $14,600,000 (MACC) Schedule'A'for a Fire and Police Station a) Base A&E fee including interiors $1,295,000 Refer to attached tables for fee distribution by Phase. Additional Services per State of Washington Fee Guidelines # c) Interior ® FF&E, U.S. Communities Program $54,000 Design & purchasing schedule only - purchasing and installation by Owner iE illill! 11i 11iii ff-M-0 M "M 10 0 0 0 0 91 a. W, e) Additional On Site CA Phase Representation $69,000 (Basic Services includes 131 -monthly. Addition Services would result in weekly) 0 Renderings & Models Included i) Civil Engineering Consultant; on site & off site $120,000 j) Landscape Consultant $100,000 k) GC/CM Coordination $40,000 1) Acoustical Design $35,000 m) As -built record drawings $24,000 n) Value analysis $24,000 Subtotal Additional Services $745,250 o) DLR Group Reimbursable Costs, Design Printing, Mailing. 71,409 Note: Expenses will be billed in lump sum billing EX Justine Kim July 27, 2017 Page 3 p) DLR Group Consultant Markup (10%) $ 34,425 Note: DLR Group does not require markup on DLR Group integrated design team Services by Others, not included in DLR Group contract scope unless designated otherwise q) independent Commissioning program (owner's consultant) — r) LEEK Certification fee and documentation (Owner project cost) — s) Site Survey (owner project cost) — t) Geotechnical survey, design letter and inspections (Owner project cost) — u) Testing and balancing (owner project cost) v) Hazardous Materials study & abatement (owner project cost) w) Traffic Consultant (Owner project cost) x) Building Envelope Design (Owner project cost) Grand Total Design Services Professional Services Scope: The fee for the City of Tukwila Justice Center project described above and inclusive of all direct labor costs, indirect labor costs, and other direct costs incurred by DLR Group and our consultants, is a lump sum amount of two million one hundred thousand forty-six hundred eighty-four ($2,146,084). The fee is derived based on the current Washington State Guidelines for Determining Architect/ En g i neer Fees for Public Works Building Projects. !I liql1i 111!1111 ILS]ITAWINIMp Sincerely, DLR Group William J. Valdez Principal in the Firm Encl: Consultant Proposals; Washington State Guidelines for Determining Architect/Engineer Fees for Public Works Building Projects 41 42 1601 Fifth Avenue, Sole 1600 SeatdeNA 98101 206 622,5522 kpff.com Ms. Erica Loynd, AIA DLR Group ItIMMET-are Subject: Tukwila Justice Center Proposal for Civil Engineering Services RUNIIII a mm iii �f.'H Te are pleased to submit this proposal to provide civil engineering services for the Tukwila Justice Center. Our scope of work is based on your emails defining scope of work prior to this letter date. We understand the proposed Justice Center will be located in the City of Tukwila on one of various sites to be determined as a result of the City's site selection process. The proposed building is approximately 42,000 square feet with a project site of approximately 4 - 6 acres. The Maximum Allowed Construction Cost is currently budgeted at $14.6 million. The project will be constructed with a General Contractor/Construction Manager contract with SOJ as the owner's representative. We understand the preliminary schedule is as follows: Predesign Schematic Design Final Bid Construction Completion Uft-w#. * 1 #- 0 December 2017 December 2018 December 2020 We will support the DLR team in the site selection process providing a civil systems narrative addressing earthwork, drainage, water and sewer utilities, site access, and frontage improvements, This will require a site visit, research, and dialogue with stakeholders. We will participate in one client presentation. 43 ITis. Erica Loynd, A] August 8, 2017 Page 2 1 SCHEMATIC DESIGN • Participate in four team coordination Go -To meetings (one hour each). • Participate in one client presentation, • Connect with the City of Tukwila Public Works, Valley View Sewer District, and Water District No. 125 to determine their site-specific requirements for development. • Prepare a comprehensive civil site plan and basis of design narrative. The purpose of this plan is to identify all proposed civil elements and have enough design to provide quantities for cost estimating, site layout decision making, and to address potential issues. • Preliminary Drainage Report for review by the City of Tukwila. • Prepare truck turning studies outside building as necessary. 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. • Design Development (50% and 95%) • Construction Documents (50%, permit and bid)l a I W, M, TO 11111 a ZMETC476 I Other tasks and deliverables anticipated at this period include: • Prepare Storm Drainage Technical Information Report for submittal to the City of Tukwila. • Respond to design review comments from the stakeholders. • Participate in informal value engineering and/or cost reconciliation efforts as necessary to support project budget goals. • Participate in two client presentations. • Participate in weekly team Go -To meetings through design as necessary. MA TAugust 8, 2017 70 Page 3 Our construction support level of effort is provided on an on-call basis. We are not budgeted for full-time on-site observation. Our construction support tasks include: • Participate in on-site visits as necessary to support the construction of civil plan elements, such as preconstruction meetings, weekly meetings (with specific civil issues), site progress observation, or addressing unknown conditions. • Conduct a final site walkthrough and prepare a punch -list and a follow-up back -punch after GCCIVI has addressed the punch -list. • Review submittals and respond to requests for information (RF[s). 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. • Geotechnical report with recommendations for earthwork, pavement, subdrainage design, and soil infiltration rates. • DLR/Swift will provide a site plan in AutoCAD format for our use as a background for our civil design, Site plan shall include building, parking, roads, walkways, ADA path of travel, planters, loading dock, etc. ASSUMPTIONS • The selected site will have adequate and adjacent storm, sewer, water, and gas utility main capacity to serve the proposed development. • Electrical engineer will provide lead coordination with utility purveyors to determine power and communication infrastructure requirements. KPFF will provide plan and profiles for routing on-site power and communication ductbanks for coordination with other utility systems (not including site lighting) based on design by electrical engineer. Off-site power and communication infrastructure is not required. • Electrical engineer will provide design for electrical demolition. • Swift will provide grading design through Design Development and KPFF will assume control over grading at Construction Documents. 45 Ms. Erica Loynd, AIA August 8,2017 Page 4 • Swift will document pedestrian paving and KPFF will document vehicular paving. • KPFF will provide horizontal control to tie building gridlines to survey monuments as well as vehicular paving limits, parking, and curbs adjacent to vehicular paving. • KPFF will prepare off-site sidewalk improvement plans from curb to property line to City Standards, Swift will provide landscape, irrigation, and non-standard sidewalk design. Except for new utility service connections, we are not anticipating new road improvements being required. • KPFF will provide hydraulic design for bioretention facilities and/or green roofs. Swift will provide layout and planting design for these facilities. Our plans and specifications will be stand-alone for erosion control, demolition, horizontal control, grading, paving, utilities, and storm drainage. We assume the GCCM will develop separate or early bid packages by selecting these specific drawings and specifications particular to that bid package. Our scope does not include preparing plans that require overlap, transition design or additional information beyond documenting for one bid package. An example of additional bid package work would be a rough grading plan. We will, however, support the early bid package schedule and coordination needs. • Site wall design • Details for site handrails, ramps, and stairs • Security fencing design • Lift station design (pumping) • On- and off-site lighting design and light pole foundations • Undergrounding of existing overhead utilities in public right-of-way • Floodway compensatory storage design • Turbidity Monitoring Plan • DOE Storm Water Pollution Prevention Plan and Notice of Intent application • Cost estimating • LEE© Certification • Formal Value Engineering and Constructability Reviews Ms. Erica Loynd, AIA August 8, 2017 Page 5 NY ZERO= NO DEMME= 0 g Igor Predesign $ 7,500 Schematic Design 16,000 Design Development — Construction Closeout 116,500 ff_TMF1-M Reimbursable expenses are included in the above lump -sum fees for miscellaneous expenses such as courier services, etc. Invoices will be submitted on a monthly basis with payment to be made within 30 days. Thank you for this opportunity to serve DLR Group. If you have any questions concerning this proposal, please feet free to call me at (206) 622-5822. Sincerely, Martin F. Chase, PE Principal MFC:heh Enclosure 65400 47 Revised njriji3 KPFF, Inc. ("KPFF") shall perform the services outlined in this agreement pursuant to the stated fee arrangement, 1. Additional Services Should the Scope of Services change from those set forth in the Agreement for Professional Services, the fee for such additional services will be negotiated between Client and KPFF. 2. Limitation of Liability To the greatest extent allowed by law, the aggregate liability of KPFF for any and all injuries, claims, demands, losses, expenses or damages, of whatever kind, arising out of or in any way related to this Agreement or the services provided by KPFF on this project, shall be limited to $50,000 or the total fee received by KPFF pursuant to this Agreement, whichever is greater. Further, no officer, director, shareholder or employee of KPFF shall bear any personal liability to Client for any and all injuries, claims, demands, losses, expenses or damages, of whatever kind or character, arising out of or in any way related to this Agreement or the services provided by KPFF on this project. 3. Mediation All disputes between Client and KPFF arising out of or relating to this Agreement shall be submitted to nonbinding mediation prior to commencement of any other judicial proceeding, 4. Dispute Handling KPFF shall make no claim against Client without first providing Client with a written notice of damages and providing Client thirty (30) days to cure before an action is commenced. The Client shall make no claim either directly or in a third party claim, against KPFF unless the Client has first provided KPFF with a written certification executed by an independent professional currently practicing in the same discipline as KPFF and licensed in the state of the subject project. This certification shall a) contain the name and license number of the certifier; b) specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a professional performing professional services under similar circumstances; and c) state in complete detail the basis for the certifiers 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. S. Suspension of Services If Client fails to make payments to KPFF in accordance with this Agreement, such failure shall provide KPFF the option to suspend performance of services under this Agreement upon seven (7) days written notice to Client. In the event of a suspension of services, KPFF shall have no liability for any delays or damages caused because of such suspension. Before resuming services, KPFF shall be paid all sums due prior to suspension and any expenses incurred by KPFF in the interruption and resumption of its services. KPFF's fees for the remaining services and time schedules shall be equitably adjusted. if any invoice is in dispute, Client shall pay under written protest to keep the project on schedule and resolve the payment dispute after substantial completion. 6. Termination This Agreement may be terminated by either party with seven (7) days written notice to the other in the event of a substantial failure of performance by the other party through no fault of the terminating party. If this Agreement is terminated, KPFF shall be paid for services performed to the termination notice date, including reimbursable expenses due. 7. Ownership of Documents The drawings, calculations and specifications are instruments of service and are, and shall remain, the property of KPFF, whether the project for which they are made is executed or not. They are not to be used on other projects or extensions to this project except by agreement in writing, 8. Contract Administration It is understood that KPFF will not provide design and construction review services relating to safety measures of any contractor or subcontractor on the project. Further, it is understood that KPFF will not provide any supervisory services relating to the construction for the project. Any opinions solicited from KPFF relating to any such review or supervisory services shall be considered only as general information and shall not be the basis for any claim against KPFF. 9. No Third Party Beneficiary Nothing in this Agreement shall create a contractual relationship with or a cause of action in favor of any third party against KPFF or Client 10. No Assignments Neither party to this Agreement shall transfer, sublet or assign any rights under or interest in this Agreement (including but not limited to monies that are due or monies that may be due) without the prior written consent of the other party. 11. Payments KPFF will submit monthly invoices. Payment is due on the date of the invoice and becomes delinquent one month thereafter. A late charge will be added to delinquent amounts at the rate of one -and -one-half percent (1 % %) for each one month of delinquency (or the maximum allowable by law. whichever is lower). 50 SWIFTCOMPANY11" July 27, 2017 Ms. Erica Loynd, AIA, WELL AP Architect I Senior Associate DLR Group SI University Street, Suite 600 Seattle, WA 98101 .3117 VIVesternAvenue wwwswil'tconn pa ny.corn Su4e M423 in fo@swiftcom pa qyxorn Seattie, Washington TEL 2o6-632-2038 USA 98121 FAX 206-632-2048 RE: Tukwila Just ice Center—Lai'idscapeAi-chitecturaI Services Dear Erica, The purpose afthis letter is toclocurnent our discussion this morning regarding a reduction, in the project scope of work. the maximum allowable construction amount and therefor reduction in the services and fee associated with the landscape architecture portion of the project. Per our conversation, Swift Company 11c will be providing landscape architectural services for the project with a total fee of $123,000,00 based on the information available atthistime. We look forward to working with YOU on this and further conversations as the work plan develops. 51 52 July 19, 2017 Erica Loynd DLR Group 51 University Street, Suite 600 Seattle, WA 98101 Re: Tukwila Justice Center (Revised) Subject: R&N's Fee Proposal In response to your email we are pleased to submit our fee proposal to provide security consulting design services for the referenced project. It is our understanding that this project is the construction of a 3 8, 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. Security Electronics Systems: a. Locking Controls. b. Access Control. c. Intercom / Paging. d. Video Surveillance. e. Auxiliary equipment for the above systems to include UPS and Transient Surge Suppression. During the construction document phase of the project RN will produce a complete specification and prepare a complete set of drawings to include device layout and diagrammatic conduit routing. Detention Equipment: a. Detention Hollow Metal for doors and windows. b. Detention Hardware, including pedestrian circulation gate hardware. c. Security Glass. During the construction document phase R&N will work with the architect to assist in developing the detention door schedule. R&N will review, coordinate, and redline the security door schedule and door./frame elevations to incorporate the security hardware and security glass. Additionally, we will review the door and frame types for proper application and coordination. The architect Would develop the drawings of the door and frame elevations and prepare the door and frame schedule for review and red -line by R&N. We would anticipate that our services during the different phases would be as defined below, 615 OAKLEAF OFFICE LN TEL 901-309-0115 MEMPHIS, TENNESSEE 38117 FAX 901-309-0292 53 1. Schematic Design. a. Provide Systems Narrative for the facility. 2. Design Development: a. Provide security electronics device layout on floor plans. b. Provide detention equipment information on drawings or schedules defining the security doors / locks / windows and security glass. c. Provide a specification of detention equipment and security systems equipment at this stage. d. Our fee includes one (1) trip for client presentation and coordination at this phase. 3. Construction Documents, a. Provide drawings that illustrate the security electronic device layout. The conduit layout for the security systems would be included on the security drawings. As a part of the drawings prepared by R&N, we will include any single line diagrams needed to define the systems configuration. b. Prepare drawings of large scale plans to provide detailed information as required. c. Prepare the specifications for the division 27 and 28 security electronic systems to include Locking Controls, Intercom / Paging, IP Video, and any support auxiliary equipment. d. Prepare the specifications for the division 8 Detention equipment to include detention hollow metal, detention hardware, and security glass, e. Prepare a "control matrix" that would be used by the Security Contractor in preparation of the operation of the system. f. Coordinate with architectural and engineering disciplines. g. Our fee includes one (1) trip for review, coordination, and presentation to the owner. 4. Bidding and Negotiating. - a. R&N will assist DLR with a response to any question relating to the above scope of work and prepare addenda items as necessary. 5. Construction Administration: a. Review shop drawing and product data submittals. b. Respond to any RFI relating to the above scope of work. c. Assist in preparation of COR, PR's, or ASI's as needed. d. Review price proposals as it relates to the above scope of work. e. Provide site inspections of the above scope of work to confirm quality of installation of systems and equipment. f. Our fee includes two (2) trips for field inspections and testing of the new systems. Our scope of work includes construction administration services for the security systems and equipment, R&N will assist in providing Quality Control for the project during tile construction phase. 615 OAKLEAF OFFICE LN TEL 901-309-0115 54 MEMPHIS, TENNESSEE 38117 FAX 901-309-0292 Our fee proposed including expenses to provide the above scope of work is $ 40,000.00. Additionally, our fee proposal is based on DLR furnishing AutoCad or BIM files for our use in developing the drawings. R&N's submission of progress drawings will be by e- mail transmission. All printing cost is the responsibility of the Architect, R&N will furnish stamped and sealed 100% CD Security Electronic drawings. Refer to the attached Certificate of Insurance for our insurance limits provided as a part of this proposal. If additional coverage is required, we would need to adjust our fee to cover the cost. Please contact me if you have any questions. Sincerely, Chris Nielsen, Principal R & N Systems Design 615 OAKLEAF OFFICE LN MEMPHIS, TENNESSEE 38117 TEL 901-309-0115 FAX 901-309-0292 55 56 Est Fee Quote 1525 1 /2 West Riverside Spokane, Washington 99201 509 838 8688 Fee Quote Estimating Services Tukwila Justice Center DLR Group Construction Cost Estimates Divisions 1 -14, 31-33 Hourly Estimator Hours Rate Extension Subtota REN ASSOCIATES 500 Union Street, Suite 927 Seattle, Washington 98101 206 3431003 Divisions 21-23, 26-28 Hourly Estimator Hours Rate Extension Subtotal Total Pre Design Roger Roen Est 8 $ 125 $ 1,000 Dave Mendez 16 $ 125 $ 2,000 Matt Wiggins 24 $ 125 $ 3,000 fi-Weaver 0 $ 125 Wade Botting 16 $ 125 $ 2,000 Jerrod Gummer 16 $ 125 $ 2,000 Schematic Design Estimate Roger Roen Est Dave Mendez Jeff Weaver Mft Wiggins Scott Neilson 8 12 16 28 125 $ 125 $ 125 $ 125 $ 125 $ 1,000 1,500 2,000 3,500 Wade Batting ierrod Gummer 20 16 125 125 2,500 2,000 Design Development Estimate GC/CM Revie Estimate Roger Roen Est. Dave Mendez Jeff Weaver Matt Wiggins Scott Neilson Roger Roen Est Dave Mendez 8 Jeff Weaver 8 tt Wiggins 16 tt Neilson 12 24 26 40 125 $ 125 $ 125 $ 125 $ 125 125 $ 125 125 $ 125 $ 125 1,500 3,000 3,250 5,000 500 1,000 1,000 2,000 Wade Botting 24 $ 125 $ 3,000 Jerrod Gummer 20 $ 125 $ 2,500 de Botting 16 $ 125 $ 2,000 Jerrod Gummer 16 $ 125 $ 2,000 1. Roen Associates' fees quoted include sitework, civil, and building esti mat 2. The quotes do not include extensive value engineering efforts. 73090333.xisx 7!17/2017 r-11 EXHIBFT A - B1 01 CONTRACT 0 jL-cx Document B101'm — 2017 AT A AGREEMENT made as of the twenty first day of July in the year two thousand seventeen (In words, indicate dqv, month andyear.) BETWEEN the Architect's client identified as the Owner: ADDITIONS AND DELETIONS: Name, legal stalus, address and other informatioq) The author of this document has added information needed for its City of Tukwila completion. The author may also 6200 Southcenter Boulevard have revised the text of the original Tukwila, WA 98188 AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available and the Architect: from the author and should be ('Warne, legal status, address and other information) reviewed. A vertical line in the left margin of this document indicates DLR Group, Inc. where the author has added 51 University Street, Suite 600 necessary information and where Seattle, WA 98101 the author has added to or deleted from the original AIA text, for the following Project: This document has important legal (A'ame, location and detailed description) consequences. Consultation With an attorney is encouraged with respect 00 -00000 -SKS to its completion or modification. City of Tukwila Justice Center Address: TBD The Owner and Architect agree as follows - ALA Document B101"' —2017. Copyright Q 1974, 1978� 1987,1997,2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: Init This AIA- Docurnent is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document: or any portion of it, may result in severe civil and crio-ninal penalties, and will be prosecuted to the maxiinum extent possible under the law. This document was produced by AIA software at 12:42:52 on 0712712017 under Order No.5489623042 which expires on 0412612018, and is not for resale. User Notes., (1918399601) W% TABLE OF ARTICLES I 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 I.1. (For each item in this section, insert the information or a statement such as "not applicable or "unknown at time o' execution. § 1.1.1 The Owner's program for the Project: (Insert the avners program, identify documentation that establishes the (hvners program, or state the manner in which the program will be developed.) Owner's program will be verified from existing program information through Predesign phase of work, § 1.1.2 The Project's physical characteristics: (Identify, or describe pertinent inforination about the Project's physical characteristics, such as size; location: dimensions,` geotechnical reports,, site boundaries; topographic surveys; traffic and utility studies; availability of public and private utilities and services,, legal description of the site, etc.) Preliminary project size is estimated at 42,000 sf of program space based on project request for proposal. Project wit] 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 G.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 B101'*- 2017. Copyright CD 1974, 1978, 1987. 1997, 2007 and 2017 by The Arnedran Institute of Architects. All rights reserved. WARNING: Init. This AIA' Document is protected by U.S. Copyright Law and international Treaties, Unauthorized reproduction or distribution of this AIA" Document 2 or any portion of it, may result in severe oval and criminal penalties. and will be prosecuted to the niammunn extent possible under the law. This document was produced by AJA software at 12:42:52 on 07/2712017 under Order No.5489623042 which expires on 0412612018, and is not for resale. User Notes; (1918399601) At § 1.1.4 The Owner's anticipated design and construction milestone dates; .1 Design phase milestone dates, if any: Commencement of Predesign in August 2017. Commencement of Schematic Design in December 2017 Bid documentation for Construction completion in Winter 2018 Bid negotiations early 2019. .2 Construction commencement date: Construction commencement Spring 2019. .3 Substantial Completion date or dates: Winter 2020 .4 Other milestone dates: Final completion of construction Winter 2020 § 1.1.5 The Owner intends the following procurement and delivery method for the Project: (Identify method such as competitive bid or negotiated contract, as well as any requiremenisfir accelerated or fast- track design and construction, multiple bid packages, or phased construction.) General Contractor / Construction Manager (GCCM) in a multiple bid packages in a single phase of construction. § ttlli The Owner's anticipated Sustainable Objective for the Project: (Identify and describe the Owner's.5uslainable Objective for the Prqject, if an.y.) 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 E204rm-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?formallon.) Shiels Obletz Johnsen 800 Fifth Avenue, Suite 4130 Seattle, WA 98104 § 1.1.8 The persons or entities, in addition to the Owner's representative, who are required to review the Architect's submittals to the Owner are as follows: (List name, address, and other contact information. Shiels Obletz Johnsen 700 Fifth Avenue, Suite 4130 Seattle, WA 98104 § 1.1.9 The Owner shall retain the following consultants and contractors, AIA Document BiOl TM — 2017. Copyright 0 1974. 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: Init. This AIA` Dorument is proterted by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, 3 or any portion of it, may result in severe civil and criminal penalbas. and will be prosecuted to the maximum extent possible under tile law. This document was produced by AIA software at 12:42M on 0712712017 under Order No,W9623042 which expires on 04126/2018, and is not for resale, User )+otes: (1918399601) 61 (List name, legal status, address, and other contact information) 1 Geotechnical Engineer: .2 Civil Engineer: none .3 Other, if any: (List any other consultants and contractors retained by the (Xvner.) a. Independent Commissioning Agent b. Surveyor c. Materials Testing Agent d. Hazardous Materials Consultant e. Hazardous Abatement Contractor f. Building Envelope Consultant g. Traffic Consultant § 1.1.10 The Architect identifies the following representative in accordance with Section 2.3; {List name, address, and other contact information,) § 1,11.11 The Architect shall retain the consultants identified in Sections 1.1.11.1 and I , I . 112 (List name, legal status, address, and other contact information] § 1.1.11.1 Consultants retained under Basic Services: .1 Structural Engineer: DLR Group, [tic. 51 University Street, Suite 51 Seattle, WA 98 101 .2 Mechanical Engineer: DLR Group, Inc. 51 University Street, Suite 51 Seattle, WA 98101 3 Electrical Engineer: DLR Group, Inc. 51 University Street, Suite 51 Seattle, WA 98 101 AIA Document 131101TM— 20117. CopyrightO 1974, 1978, 1987, 1997 20907 and 2017 by The American Institute of Architects. All rights reserved. WARNING: Tbis AM' Docurnent i,, protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA, Docurfleilt. 4 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maxitnum extent possible under the law. This document was produced by AIA software at 12:42:52 on 07127/2017 under Order No,5489623042 which expires on 04Y2612018, and is not for resale, User Notes: (1918399601) 62 § 1.1.11.2 Consultants retained under Supplemental Services Landscape Architect: Swift Company Civil Engineer: KPFF Cost Consulting: Roen Cost Consulting Acoustical Engineering: TBD § 1.1.12 Other Initial Information on which the Agreement is based: § 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that the Initial Information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the Architect's services, schedule for the Architect's services, and the Architect's compensation. The Owner shall adjust the Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203T',"-201 3. 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 E203TVI-2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202"K-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 employees. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. AIA Document 81101" — 2017. Copyright(D 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute at Architects. All rights reserved. WARNING: This AIA' Document is Protected by U3, Copyright Law and International Treaties . U nauth orized reproduction or distribution of this AIAT' Document. 5 OF any p0di011 Of it, May FQSUIt In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This document was produced by AIA software at 12:42:52 on 0712V2017 under Order No.5489523042 which expires on 04126/2018, and is not for resale. User Notes: (1918399601) 63 § 2.5 The Architect shall maintain the following insurance until termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 11.9. § 2.5.1 Commercial General Liability with policy limits of not less than one million dollars (S 1,000,000 ) for each occurrence and two million dollars (S 2,000,000 ) in the aggregate for bodily injury and property damage. § 2.5.2 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the Architect with policy limits of not less than one million dollars ($ 1,000,000 ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. § 2.5.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.5.1 and 2.5.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 2.5.4 Workers' Compensation at statutory limits, § 2.5.5 Employers' Liability with policy limits not less than TBD ($ TBD ) each accident, TBD ($ TBD ) each employee, and TBD ($ TBD ) policy limit. § 2.5.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limits of not less than one million dollars (S 1,000,000 ) per claim and one million dollars 1.00,0,00,0 ) in the aggregate. § 2.5.7 Additional Insured Obligations. To the fullest extent permitted by law, the Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect's negligent acts or omissions. The additional insured coverage shall be primary and non -contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. § 2.5.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.5. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Supplemental or Additional Services. § 3.1.1 The Architect shall manage the Architect's services, research applicable design criteria, attend Project meetings, communicate with members of the Project team, and report progress to the Owner, § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants. The Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of, services and information furnished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission, or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once AIA Document 8101 T* — 2017. Copyright 0 1974. 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNJNG� Init. This AIADocurncrit is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AM" DocurnonL 6 or any ponjon Of iT, 111SY MSUlt in severe civil and unrylinal penalfies, and will be prosecuted to file MaAirnUln extent passible under the low. This document was produced by AIA software at 12:42:52 on 07/27/2017 under Order No.5489623042 which expires on 0412612018, and is not for resele. User Notes; (1918399601) 64 approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution, or for the Owner's acceptance of non -conforming Work, made or given without the Architect's written approval. ZP § 3.1.5 The Architect shall contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project, The Architect shall respond to applicable design requirements imposed by those authorities and entities. § 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.2 Schematic Design Phase Services § 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect's services. § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost of the Work, Project site, the proposed procurement and delivery method, and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of ( I) 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. C, § 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. 0 § 3.2.5 used on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner's approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations, and may include some combination of study models, perspective sketches, or digital representations. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall consider sustainable design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4. 1. 1. § 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner's program, schedule, and budget for the Cost of the Work. § 3.2,6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6.3. § 3.2J The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner's approval. § 3.3 Design Development Phase Services § 3.3.1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Owner's approval. The Design Development Documents shall illustrate and AIA Document 8101� - 2017. CopyrightQ 1974,1978,1987,1997,2007 and 2017 by The American Institute of Architects. All rights reserved, WARNING: InIt. This AIA' Dorun,u�,nt is protected by U,S. Copyright Law and International Treaties, Unatithonzed reproduction or distribution of this AJA Docurnent. 7 or any portion of itmay result in severe civil and criminal penalties, and will be, prosecute d to the maxorum extent possible under the law, This documentwas produced by AIA software at 12:42:52 on 07127)2017 under Order No.5489623042 which expires on 0412612018, and is not for resale. User Notes-, (1918399601) 65 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 'rhe 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 I)ocurnents 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 (I) procurement information that describes the time, place, and conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications, and may include bidding requirements and sample forms. § 3.4.4 The Architect shall I review and provide written comment to the construction cost estimate produced by the Architect's estimating consultant or GCCM, including scope of work missing from the estimate. The Architect shall provide written concurrence that the estimate reflects the construction documents produced by the Architect, The Architect shall have seven (7) days to review and provide comments to the estimate from the date the estimate is received. This scope also applies to intermediate construction document submittals. § 3.4.5 The Architect shall submit the Construction Documents, along with a written statement that the Owner's design development comments have been incorporated into this submittal, to the Owner, take any action required under Section 6.5, and request the Owner's approval. § 3.5 Procurement Phase Services § 3.5.1 General The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner's approval of the Construction Documents. the Architect shall assist the Owner in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3 )) determining the successful bid or proposal, ifany; and, (4) awarding and preparing contracts for construction. § 3.5.2 Competitive Bidding § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner in bidding the Project by: .1 facilitating the distribution of Bidding Documents to prospective bidders; .2 organizing and conducting a pre-bid conference for prospective bidders; .3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to the prospective bidders in the form of addenda; and, AIA Document 8161°"'-2017. CopyrightO 1974 9978 1987,1997,2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: Init. This AW Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of thus AIA' DGcuPnC,1%L 8 or any portion of it, may result it, sievert civpl and Crinlitial perraftils, and wili bo pros "Luted 10 that nlaXiMurrl extent Possible Under the [aw. This document was produced by AAA software at 12:42:52 on 07127/2017 under Order No,5489623042 which expires on 0412612018, and is not for resale. User Notes: (1918399601) 66 A organizing and conducting the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner, § 3.5.2.3 If the Bidding Documents permit substitutions, upon the Owner's written authorization, the Architect shall, as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective bidders. § 3.5.3 Negotiated Proposals § 3.5.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents. § 3.5.3,2 The Architect shall assist the Owner in obtaining proposals by: .1 facilitating the distribution of Proposal Documents for distribution to prospective contractors and requesting their return upon completion of the negotiation process; .2 organizing and participating in selection interviews with prospective contractors; .3 preparing responses to questions from prospective contractors and providing clarifications and interpretations of the Proposal Documents to the prospective contractors in the form of addenda; and, .4 participating in negotiations with prospective contractors, and subsequently preparing a summary report of the negotiation results, as directed by the Owner, § 3.5.3.3 If the Proposal Documents permit substitutions, upon the Owner's written authorization, the Architect shall, as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective contractors. § 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A20 I -"It-2017, General Conditions of the Contract for Construction. If the Owner and Contractor modify AIA Document A201-2017, those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. §13.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. § 3.6.1.3 Subject to Section 4.2 and except as provided in Section 3.6.6.5, the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment, § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or AIA Document B101 TM — 2017. Copyright C 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of An*tects. All rights reserved. WARNING; Init This AtADocument is proke0ed by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, Or 06Y P0010M Of it, May result lnr scvete civil and criminal penalties, and will be prosecuted to the maximufn extern possible under the law. This document was produced by AIA software at 12 42:52 on 07127/2017 under Order No.5489623042 which expires on 0412612018, and is not for resale. User Notes: (1918399601) 67 testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201-2017, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.3 Certificates for Payment to Contractor § 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 31.6,2 and on the data comprising the Contractor's Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to (I ) an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent tests and inspections, (3) correction of minor deviations from the Contract Documents prior to completion, and (4) specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3 )) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6A Submittals § 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval of the schedule. 'The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time, in the Architect's professional judgment, to permit adequate review. § 3.6.4.2 'The Architect shall review and approve, or take other appropriate action upon, the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. 'The Architect's review shall not constitute approval of safety precautions or construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. AIA Document 8101'"" — 20M Copyright 0 1974, 1978, 1987, 1997 21307 and 2017 by The American Institute of Architects. All rights reserved. WARNING: InIt. This AIA' Document is protected by U.S. CopyrigrIt Law and international Treaties. Unauthorized reproduction or distribution of this AIA' Document, 10 c,r any portion of it, may result in: sovere civil and criminal penalties, and will ne prosecuted to the MaXiMUM fxXtellt JWS94'110 under the law. This 11, document was produced by AIA software at 12A2:52 on 07[27/2017 under Order No,5489623042 which expires on 04/2612018, and is not for resale. User Notes: (1918399601) 68 § 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials, or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Contractor's design professional, provided the submittals bear such professional's seal and signature when submitted to the Architect. The Architect's review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents, The Architect shall be entitled to rely upon, and shall not be responsible for, the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to Section 4.2, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth, in the Contract Documents, the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 3.6.5 Changes in the Work § 3.6,5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time, Subject to Section 4.2, the Architect shall prepare Change Orders and Construction Change Directives for the Owner*s approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. § 3.6.6 Project Completion § 3.6.6.1 The Architect shall: .1 conduct inspections to determine the date or dates of Substantial Completion and the date of filial completion; .2 issue Certificates of Substantial Completion; .3 forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and received from the Contractor; and, .4 issue a final Certificate for Payment based upon a final inspection indicating that, to the best of the Architect's knowledge, information, and belief, the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. § 3.6.6.3 When Substantial Completion has been achieved, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of filial payment,- (2) affidavits, receipts, releases and waivers of liens, or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents. § 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, Without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. AIA Document 8141'*" - 20M Copyright 1974, 1978, 1987, 1997 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: Init. Tli vs AiA' Document 15 protected by U,S. Copyright Law and international Treaties. Unauthorized roproduction or dMributjon of this AW DOGUOTIVIVIL or any portion of it, may result in severe civi[ and crorinal petialties, and will be prosecuted to the maximum Lwent posgible undor the 1.1w, This document was produced by AIA software at 12:42:52 on 0712712017 under Order No,5489623042 which expires on 0412612018, and is not for resafe. User Notes: (1918399601) Mej ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services § 4.1.1 The services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Supplemental Services only if specifically designated in the table below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. Unless otherwise specifically addressed in this Agreement, if neither the Owner nor the Architect is designated, the parties agree that the listed Supplemental Service is not being provided for the Project. (Designate the Architect's Supplemental Services and the Owner's Supplemental Services required for the Project by indicating whether the Architect or Owner shall be responsible for providing the identifted Supplemental Service. Insert a description cif the Supplemental Services in Section 4,1- 2 helovs, or attach the description elf services as an exhibit to this Agreement) Supplemental Services Responsibility (Architect, Owner, or not provided) § 4.1.1.1 Programming & Pre -Design Service Architect § 4.1.1.2 Multiple preliminary designs Architect § 4.1.1.3 Measured drawings Architect § 4.1.1.4 Existing facilities surveys Not Provided § 4.1.1.5 Site evaluation and planning Architect § 4.1.1.6 Building Information Model management 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 4.1.1.11 Value analysis Architect § 4.1.1.12 Detailed cost estimating beyond that Architect required in Section 6.3 § 4.11.13 On-site pEoject 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 Faciii!,y su22ort 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 TelecommunicationsIdata design Architect 4.1.1.22 Securily evaluation and planning Architect 4.1.1.23 Commissioning Owner § 4.1.1.24 Sustainable Project Services Pursuant to Section Certification Not Provided 4.1.3 Desi2n strategies - Architect § 4.1.1.25 Fast-track design services Not Provided § 4.1.126 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 Siol� —2017. Copyright 1974,1978,1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING; Init. this AIA" Doc urrent is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this Alit' Doc ummint. 12 or any portion Of it, FTWRI/ result Jot severe civil and critninal pena[tias, and will be prosecuted to the inaitionuin extent possible tinder the law. This document vires produced by AIA software at 12:42:52 on 07127/2017 under Order No -5489623042 which expires on 0412882018, and is not for resale. User Notes: (1918399601) 70 Supplemental Services Responsibility (architect, Owner. or not provided) 4.1.1.29 Other services provided by specialty Consultants TBD § 4.1,11.30 Other Supplemental Services TBD § 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4. 1 . I as the Architect's responsibility is provided below. (L)escribe in detail the architect `s Supplemental Services identified in Section 4. LI or• ifset forth in an exhibit, idenli)51 the exhibit, The AL4 publishes a number qfStandard Form qflrchitecl'.v Services documents that can be included as an exhibit to describe the Architect's Supl-Vemental.Services .) 4.1.1.1 Programming and Pre -Design Service -Refer to AIA B202 4.1.12 Multiple Preliminary Designs -Assumes six (6) Design Solutions on Selected Site - lacluded 1-.i. Basic Sextices 4.1,1.3 Measured Drawings - Included in Basic Services 4.1.1,5 Site evaluation and planning - Refer to AIA B202 41.1.7 BIM for post construction use � Provided in DLR Group standard format � Included in Basic Services 4.1,1.8 Civil Engineering Consultant; on site & off site grading plans, utilities and services - $120,000. 4.1.1.10 Architectural Interior Design - Included in Basic Services, Excluding Interior Furnishings, FF&E 4.1.1.11 Value Analysis - Life Cycle Cost Analysis of Mechanical, Plumbing, and Structural Systems - $24,000 AIA Document B101"4-2017. Copyright Q 1974 1978 1987. 1997 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: Init. This AMDocurnent is protected by U.S. Copyright Law and International Treaties, Unatithorized reprodur,'tion or (fistribution ref this AIA' Document, 13 or any portion of it, may result m severe. (jviI And ceirninAl pPrwilfies, and will be prosecuted to the maximum extent possible under the Iaw. This document was produced by AtA software at 12:42:52 on 07/2712017 under Order No.5489623042 which expires on 04/2612018, and is not for resate. User Notes., (1918399601) 71 4.1.1.12 Detailed Cost Estimating — 31d party cost consulting at SD, DD and DD reconciliation phases — $49,250 4.1,1.13 On-site project representation - Basic Services includes Bi -monthly A/E project representation, supplemental services would result in weekly - $69,000 4.1.1.13 Conformed documents for construction - Included in Basic Services 4.1.1.16 As -constructed record drawings - $24,000 4.1.1.17 Post -occupancy evaluation — Not Included 41.1.20 Architect's coordination of Owner's consultants - Included in Basic Services 4.1.1.2'1 Telecommunications/data design - Included 4.1.122 Security evaluation and planning ding access control, CCTV, duress systems and detention equipment - $60,000 4,1.1.23 Commissioning — A/E participation in commissioning program managed by others - $40,000 4.1.1.2.4 Sustainable Project Services — LEED or WELL Building Certification Not Provided, Design strategies Included in Basic Services 4.1 , 1.28 Furniture, furnishings, and equipment design — Interior Furnishings, FF&E, U.S. Communities Program, design & purchasing schedule only - purchasing and installation management by Owner - $54,000 4.1.1.29 Other services provided by specialty consultants Acoustics — TBD AIA Document 81101TM— 2017. Copyright 0 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARN IN G. Init. This AIA' Document is proloGted by US. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA` DOCUPnent 14 or any portion of it, may result in severe civil and cruninal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:42-52 on 07127/2017 under Order No.5489623042 which expires on 0412612018. and is notfor resale, User Notes: (1918399601) 72 Hazardous materials assessment, testing and abatement — TBD 4.1.1.30 Other Supplemental Services GCCM Coordination Services - $40,000 § 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner's responsibility is provided below. (Describe in detail Me 64ners Supplemental Services identyied in Section 4. 1, 1 or, if set forih in cin exhibit, idenfif)> 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 E204"rl*'-7O 17, Sustainable Projects Exhibit, attached to this Agreement. The Owner shall compensate the Architect as provided in Section 11.2. § 4.2 Architect's Additional Services The Architect may provide Additional Services after execution of this Agreement without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.2.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial InConnation, previous instructions or approvals given by the Owner, or a material change in the Project including size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the enactment or revision of codes, laws, or regulations., including changing or editing previously prepared Instruments of Service; ,3 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having jurisdic tion made prior to the issuance of the building permit, or (b) contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care, .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; .5 Preparing digital models or other design documentation for transmission to the Owner's consultants and contractors, or to other Owner -authorized recipients; .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner, .7 Preparation for, and attendance at, a public presentation, meeting or hearing; .8 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .9 Evaluation of the qualifications of entities providing bids or proposals; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction, or, AIA Document B`101�—2017. Copyright C 1974, 1978, 1987, 1997 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING. Ini'l. This AIA" Document is protected by U.S. C a pyright Law and hotprnationad Treaties, Unauthorized reproduction or distribution of this AIA' Doc urfleilt. is or any porfioii of rt, inay result in severe civil and criminal, penalties, and wilt be prosecuted to the maxiniurn extent possible uaderthr, law, This document was produced by AIA software at 12:42i52 on 0712712017 under Order No.5489623042 which expires on 0412612018, and is not for resale. User Notes: (1918399601) 73 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. § 4,23 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 Two ( 2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Contractor 1 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 detennine final completion. § 4.2.4 Except for services required under Section 3 ).6.6.5 and those services that do not exceed the limits set forth in Section 4.2.3, Construction Phase Services provided more than 60 days after (1) the date of Substantial Completion of the Work or (2) the initial date of Substantial Completion identified in the agreement between the Owner and Contractor, whichever is earlier, shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction Phase Services, § 4.2.5 If the services covered by this Agreement have not been completed within forty-four ( 44 + ) months of the date of this Agreement, through no fault of the Architect, extension ofthe Architect's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program, which shall set forth the Owner's objectives: schedule; constraints and criteria, including space requirements and relationships; flexibility; expandability; special equipment; systems; and site requirements. § 6.2 The Owner shal I establish the Owner's budget for the Project, including ( 1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs, and, (3) reasonable contingencies related to all of these costs. The Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project until final completion. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. AIA Document 8101T"— 2017. Copyright C 1974. 1978, 1987, 1997 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING Init. This AIA Document is protected by U,S. copyright Law and International Treafios, LJnwjthoflzPd reproduction or distribution of this AIA' Dorument. 16 or any portion of it, may result In severe civil airlff r1,rjrroifNaj Peraltpe, _ and Ndl be prosecuted to the rnaximurn exlerQ possible under the law. This document was produced by AIA software at 12:42:52 on 07127/2017 under Order No.5489623042 which expires on 0412612018, and is not for resale. User Notes: (1918399601) § 5.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions, and other necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark, § 5.5 The Owner shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.6 The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4.1.1. § 5.7 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E204T"L-2017, Sustainable Projects Exhibit, attached to this Agreement. § 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided, § 5.9 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.10 The Owner shall furnish all legal, insurance and accounting services, including auditing services. that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.11 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. § 5.12 The Owner shall include the Architect in all communications with the Contractor that relate to or affect the Architect's services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect's consultants shall be through the Architect. § 5.13 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.14 The Owner shall provide the Architect access to the PrQJect 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. § 6.15 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement.. the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, AIA Document B10111— 2017. Copyright 0 1974. 197B. 1987. 1997� 2007 and 2017 by The American institute of Architects. All rights reserved. WARNING: Init Tpiis AIADfacurnont is prateded by U.S. Copyriglit Law and International Treaties. Unauthorized reproduction Or distribution of this AIA' Docurnent, 17 Or any portion Of it, May ri-SUll ifl, severe rival and criminal peiiatties, and Will be PrOSeCLIfOd to the maximurn extent p srh9s under tile, law. This document was produced by AIA software at 12 42:52 on 17712712017 under Order No.5489623042 which expires on 04/261201B, and is not for resale. User Notes: (1918399601) 75 donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work, or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost of the Work, and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work, prepared by the Architect, represent the Architect's judgment as a design professional, It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials, or equipment; the Contractor's methods of determining bid prices; or competitive bidding, market, or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work, or from any estimate of the Cost of the Work, or evaluation, prepared or agreed to by the Architect. § 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding, and price escalation; to determine what materials, equipment, component systems, and types of construction are to be included in the Contract Documents; to recommend reasonable adjustments in the program and scope of the Project, and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget, The Architect's estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requires a detailed estimate of the Cost of the Work, the Architect shall provide such an estimate, if identified as the Architect's responsibility in Section 4.1.1, as a Supplemental Service. § 6.4 If, through no fault of the Architect, the Procurement Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, the Owner's budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. § 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality, or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 9.5. .4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or, .5 implement any other mutually acceptable alternative. § 6.71f the Owner chooses to proceed under Section 6.6.4, the Architect shal I modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. If the Owner requires the Architect to modify the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the Owner's budget for the Cost of the Work due to market conditions the Architect could not reasonably anticipate, the Owner shall compensate the Architect for the modifications as an Additional Service pursuant to Section 11.3; otherwise the Architect's services for modifying the Construction Documents shall be without additional compensation. In any event, the Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use an the Project. AIA Document B101— —2017. Copyright* 1974 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: Init. This AiA' Document is protoctpd by US, Coj)Vright Law and International Treaties, Unauthorized reproduction or distribution of this AW Document, 18 or any portion of it, may result in sevore civil and crimioal ponalties, and will be prosecuted to the maximum extent possible under the law, This document was produced by AJA software at 12:42:52 on 0712712017 under Order No,5489623042 which expires on 04126t2018, and is not for resale. User Notes. (1918399601) 76 § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants, § 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations under this Agreement, including prompt payment of all sums due pursuant to Article 9 and Article 11. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub -subcontractors, and suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 13, 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. § 7A 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 DI$PUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement. whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8. 1. 1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2017, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents, and employees of any of them, similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect and Owner waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement, except as specifically provided in Section 9.7. § 8.2 Mediation § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to direct negotiations per Section 12.1 then mediation as a condition precedent to binding dispute resolution. If such Z, AIA DocurnentS10110-2017. CopyrightO 1974, 19M 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNG IN� Init. thus AIA Doc urnent is proloc ted by U.5, Copy6gh t Law aid International Trpatins. Unauthorizvd reproduction or distribution of this AIA," Dorutrient., 19 of any portion of it, may result in ,evere civil and criminal penalties, and will be prosecuted to the maximum extent Wassible Linder the law. This document was produced by AIA software at 12A2:52 on 0712712017 under Order No.6489623042 which expires on 04/2612018, and is not for resale. User Notes,. (1918399601) 77 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. § 8.21 If direct negotiations fail to resolve any dispute between the par -des then the Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the par -ties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8,23 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through direct negotiations pursuant to Section 12.1 or mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriale box.) Arbitration pursuant to Section 8.3 of this Agreement X Litigation in a court of competent jurisdiction Other: (.SpeciA-) If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction. § 8.3 (intentionally omitted.] (Paragraphs deleted) § 8.3.4 [Intentionally omitted.] (Paragraphs deleted) § 8.4 The provisions of this Article 8 shall survive the termination of this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. In the, event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the AIA Document 8101�—20117. CopynghtQ 1974, 1978, 1987, 1997, 2007 and 2017 by The American tristituteotArchitects. All rights reserved. WAR NtNG: Inti This A[A' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized fePF011LICtiOn Or distribution of this AIA'' Document, 20 or any Portion of it, may *es eft In severe civi[ and rnnnunal penaffies, and will be prosecuted to the maximum extent possible, under the taw. This document was produced by AIA software at 12:42,62 on 0712712017 under Order No.S489623042 which expires on 0412612018, and is not for resate- User Notes, (1918399601) WN interruption and resumption of the Architect's services, The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause, § 9.61f the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall compensate the Architect for services performed prior to termination, Reimbursable Expenses incurred, and costs attributable to termination, including the costs attributable to the Architect's termination of consultant agreements. § 9.71n 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: (5elfiorlh below the aniounii, of airy termination or licensing fees or the meihodfior determining any termination or licensingfee) .1 Termination Fee: none .2 Licensing Fee if the Owner intends to continue using the Architect's Instruments of Service: none § 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial Completion. § 9.9 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 9.7. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, excluding that jurisdiction's choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 83. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2017, General Conditions of the Contract for Construction, § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement, including any payments due to the Architect by the Owner prior to the assignment. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the AIA Document B1011" — 2017. Copyright 1974, 1978. 1987. 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING InIt. ThIs AIA" Docurnent is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIA" Document, 21 or any portion of it may result in severr, civlt and criminal penalties, and will be prosecuted to the maximurn extent possible under the law. This document was produced by AIA software at 12:42:52 on 0712712017 under Order No.5489623042 which expires on 0412612018, and is not for resale. User Notes: (1918399601) 79 Architect for review at least 14 days prior to execution, The Architect shall not be required to execute certificates or consents that would require knowledge, services, or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shaIl have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. This Section 1D.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9* § 10.8 If the Architect or Owner receives information specifically designated as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1. This Section 10.8 shall survive the termination of this Agreement. § 10.8.1 The receiving party may disclose "confidential" or "business proprietary" information after 7 days' notice to the other party, when required by law, arbitrator's order, or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute. The receiving party may also disclose such information to its employees, consultants, or contractors in order to perform services or work solely and exclusively for the Projects provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 101. § %9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining 0 provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties' intentions and purposes in executing the Agreement. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: I Stipulated Sum (Inserl amount) $1,400,834 .2 Percentage Basis (Insert percentage valug) % of the Owner's budget for the Cost of the Work, as calculated in accordance with Section .3 Other (Describe the method qftompensarion) AIA Document B1011m-2017. CopyrightV 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: Init. chis AIA I Document is protected by U.S. copyright Law and kitorriational Treaties, Unauthorized reproduction or distribution of this AIA" Doc .1M.00t, 22 or any poolion oF it. may result in severs civet and criminal pLna6t4(-,,, and will be prosecuted to the maxitntan extent possible under the taw, This document was produced by AIA software at 12:42:52 on 07127/2017 under Order No.5489623042 which expires on 0412612018, and is not for resate. User Notes: (1918399601) 80 § 11.2 For the Architect's Supplemental Services designated in Section 4.1. I and for any Sustainability Services required pursuant to Section 4. 1.3, the Owner shall compensate the Architect as follows: (Insert aniount of or basis far, compensation. li`necessarj� list specific services to which particular methods of compensation apply.) $941,751 § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the Owner shall compensate the Architect as follows: (Insert amount elf; or basis for, compensation.) § 11.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in Section 11.2 or 11 .3, shall be the amount invoiced to the Architect plus ten percent ( 10 %), or as follows: (Insert amount of or basis fear- computing, architect :s con,-�allantv'coinpetuation.jar Supplemental or.4d4litional Sei-vices) § 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis, the proportion of compensation for each phase of services shall be as follows. Schematic Design Phase fifteen percent ( 15 Q11) 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 Occugana 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. (1fapplicable, attach an exhibit qfhourly billing rates or insert them beloiv.) Employee or Category Senior Expert Discipline Leader Senior Professional Rate ($0.00) $365 (Owner Approval Required) $235 $175 All! RocumentE11011-2017. Copyright Q 1974,1978. 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: Init. This AIA, DOCUMUF]t is PFotPCWd by U.S. Copynght Law and Inturnational Troalies. unauthorized reproduction or distribution of this AIA' Docrur)00L 23 or any portion of it, may result in severe civil and criminal penalties. and will lie proseculmd to the maximum extent possible under the law- This document was produced by AIA software at 12:42:52 on 0712712017 under Order No.5489623042 which expires on 04/26/2018, and is not for resale. UserNotts: (1918399601) M r* 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 tile Architect and the Architect's consultants directly related to the Project. as follows: . I Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project web sites, and extranets; .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, and standard form documents, .5 Postage. handling, and delivery:, .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project, .8 If required by the Owner, and with the OwneCs 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 oil 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, A2 Other similar Project -related expenditures. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus ten percent ( 10 %) of the expenses incurred, § 11.9 Architect's Insurance. If the types and limits of coverage required in Section 2.5 are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect for the additional costs incurred by the Architect for the additional coverages as set forth below: (Invert the additional coverages the ,rehired is required to obtain in order to satisfy the requirements set firth in Section 2.5, and fart' which the Owner shall reimburse the Architect-) § 11.10 Payments to the Architect § 11.10.1 Initial Payments § 11.10.1.1 An initial payment of zero (S 0 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.10.1.2 If a Sustainability Certification is part of the Sustainable Objective, an initial payment to the Architect of zero (S 0 ) shall be made upon execution of th is Agreement for registration fees and other fees payable to the Certifying Authority and necessary to achieve the Sustainability Certification. The Architect's payments to the Certifying Authority shall be credited to the Owner's account at the time the expense is incurred. § 11.10.2 Progress Payments § 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid forty-five (45) days after the invoice date shall bear interest at the rate entered below, or in tile 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 MIT" - 2017. Copyright 0 1974,1978,1987,1997. 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING! Init. This AIA' Document is protected by U.S. Copyright Law and international Treaties . Unauthorized reproduction or distribution of ft5 AIADocornent 24 or any portion of it, may result in -9&,vcre civil and crimin9l penalfies, and well be prosecuted to the maxionurn extent possible tinder the law, This document was produced by AIA software at 12:42:52 on 07127/2017 under Order No.5484623042 which expires on 04126/2018, and is not for resale. User Notes: (1918399601) M. ten %10% § 11.10.2.2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work, unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.2.3 Records of Reimbursable Expenses, expenses pertaining to Supplemental and Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement) § 12.1 Direct Negotiations As a condition precedent to mediation and litigation, the Owner or the Architect shall attempt to resolve all disputes via direct negotiations. Either the Owner or the Architect may make a request for direct negotiations. Direct negotiation representatives of the parties shall he the Owner's Designated Representative, as defined in Section 1. 1 .8 and the Architect's Designated Representative, as defined in Section 1. 1 . 10, Direct negotiations shall take place at the Project worksite or at a location as agreed to by Owner's and Architect's Designated Representatives. Each party shall document results of the direct negotiations, and these documents shall be exchanged between the parties. § 12.2 Design Contingency Architect makes no warranty, express or implied, that its design is free of errors. Owner and Architect acknowledge certain increased costs and changes may be required and are anticipated due to omissions, errors or inconsistencies in drawings and specifications prepared by Architect. Therefore, Owner shall set aside a reserve in the amount of two percent (2.0%) of the estimated Cost of the Construction as a contingency to be used, as needed, to pay for any such increased costs and changes. Owner shall make no claim against Architect or its Consultants with respect to any increased cost within this contingency amount. If costs due to changes resulting solely from design errors, omissions or inconsistencies exceed the contingency, then Architect shall be responsible for costs incurred by Owner above that suns 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 Tm-2017, Standard Form Agreement Between Owner and Architect .2 AIA Document E203"m-2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below: (Insert the date oj'the E203-2013 incorporated into this agreement.) .3 Exhibits: AIA Document B101rm— 2017. Copyrights 1974, 1978, 1987, 1997 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: Int 0 This AIA' Docurriont is protected by U.S. Copyright Law and International Treaties, ItJoauthoriied reproduction or, distribution cat thir, AM' Doc or any portion of it, may riasutt in saverc cMl and cvitninal ponalfie&, and will be prosotutod to the maximum extent possible Under the Boma, This"T'"t- 26 document was produced by AIA software at 12:42:52 on 0712712017 under Order No.5489623042 which expires on 0412612018, and is not for resale. User Notes: (1918399601) W (('heck the appropriate box for an�y exhibits incorporated into this Agreetnent.) AIA Document E204Tm-2017, Sustainable Projects Exhibit, dated as indicated below: (Insert the dale of the F-,204-2(11 7 incorporated into this agreement.) Other Exhibits incorporated into this Agreement: (Clearly identify any other exhibits incorporated into this Agreement including any, exhibits and scopes of services identified as exhibits in Section 4,1.2.) Other documents: (List other documents, if any„„ forming part of the Agreement) This Agreement entered into as of the day and year first written above, OWNER (Signature) (Printed name and title) ARCHITECT (Signature) William J. Valdez, Vice President (Printed name, title, and license number, if required) AIA Document 11111011T —2017. Copyright Q 1974, 1978,1987,1997,2007 and 2017 by The American Institute of Archjtects. All rights reserved. WARN IN G. Init. This AIA' Document is protected by US. Copyright Law and International Trealies. Unauthorized rpprodUCtio1r) or distribution of this AIA” Document' 26 or any portion of it, niay result in soverp Evil and criminal penalties, and will be prosecuted to the rnaxemum extent possible under the law. This document was produced by AIA software at 12:42:52 on 07127/2017 under Order No.54MQ3042 which expires on 04126/2018, and is not for resale, User Notes: (1918399601) 0 EXHIBIT C - B202 CONTRACT 11"BAIA1ocument B202 — 2009 Standard Form of Architect's Services: Programming for the following PROJECT: (N�ame and location or address) Tukwila Justice Center located in City of Tukwila, WA, THE OWNER: (?Vatne, legal stairts and address) City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 THE ARCHITECT: ('Fame, legal status and address) DLR Group, Inc. 51 University Street, Suite 600 Seattle, WA 481 g 1 THE AGREEMENT This Standard Form of Architect's Services is part of or mod ifies the accompanying Owner -Architect Agreement (hereinafter, the Agreement) dated the twenty first day of July in the year twenty seventeen . 104 4 41412-1 All [a] 1111*1 1 IRITIAL IrIFOR114ATIOA 2 PROGRAMMING SERVICES 3 ADDITIONAL SERVICES 4 OWNER'S RESPONSIBILITIES 5 COMPENSATION 6 SPECI4.L1E-W5-AND-C-0NDMf-%S ARTICLE 1 INITIAL INFORMATION The Architect's performance of the services set forth in this document is based upon the following information. Material changes to this information may entitle the Architect to Additional Services. Gist belmv information, inchiding conditions or assumptions, that will affect the Architect's performance,) Existing program documentation will be provided to Architect by Owner as basis of program requirements. ADDITIONS AND DELETIONS-. The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form, An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text, This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document provides the Architect's scope of services only and must be used with an owner - architect agreement. It may be used with AIA Document G802T"-2007, Amendment to the Professional Services Agreement, to create a modification to any owner -architect agreement, AIA Document B202r"-2009. Copyright 0 2009 by The American Institute of Architects. All rights reserved, WARNING: This Alk Docuinent is protected Init. try U.S, Copyright Lj,,v and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result 41 severe ciAl and critninal penalties, -arid will he prosecuted to the P-naximUrn extent possible under the law. This document was Produced by AIA software at 12A5:33 on 07/27=17 under Order No.5489623042 which expires on 04126120I8, and is not for resale. User Notes: (1315202096) W Site selection is performed by Owner's representative and Architect will provide site test -to -fit studies for up to six locations. ARTICLE 2 PROGRAMMING SERVICES § 2.1 Administration of Programming Services § 2.1.1 The Architect shall manage and administer the Programming Services. The Architect shall consult with the Owner, research applicable programming criteria, attend Project meetings, communicate with members of the Project team and issue progress reports and a final program document. The Architect shall coordinate the services provided by the Architect and the Architect's consultants, with those services provided by the Owner and the Owner's consultants. § 2.12 The Architect shall confirm the scope and intent of the anticipated Project in consultation with the Owner. § 2.1.3 The Architect shall prepare, and periodically update, a schedule for Programming Services that identifies milestone dates for decisions required of the Owner, Programming Services furnished by the Architect, and completion of documentation to be provided by the Architect. The Architect shall coordinate the programming schedule with the Owner's Project schedule, if a Project schedule exists. § 2.1.4 Upon request by the Owner, the Architect shall make a presentation to representatives of the Owner to explain the Programming Services to be utilized in developing the Project. § 2.1.5 The Architect shall submit programming documents to the Owner for evaluation and approval at intervals appropriate to the process. The Architect shall be entitled to rely on approvals received from the Owner to complete the Programming Services and in the further development of the Project. § 2.1.6 Unless otherwise set forth in the Agreement, any service not identified as a Programming Service in this Article 2 shall be an Additional Service. § 2.2 identification of Programming Participants Based on the scale of the Project, the type of facilities, and the level of specialized functions that will be required, the Architect, in conjunction with the Owner, shall identify the persons to participate in the programming process, including the Architect, the Architect's consultants, the Owner, the Owner's consultants, and users of the Project, as well as other stakeholders, if any. § 2.3 Identification and Prioritization of Owner and User Values, Goals and Objectives § 2.3.1 The Architect shall facilitate a visioning session with the programming participants to identify, discuss, and prioritize values and goals that will impact the Project, including institutional purposes. growth objectives, and cultural, technological, temporal, aesthetic, symbolic, economic, environmental, safety, sustainability, and other relevant criteria. § 2.3.2 The Architect shall prepare and provide to the Owner a written evaluation of the identified Project values and goals, addressing functional efficiency, user comfort, building economics, safety, environmental sustainability, and visual quality. § 2.3.3 After the Architect provides the evaluation, the Architect shall meet with the Owner to confirm and finalize the Owner's and user's priorities, values, and goals that will impact the Project. § 2.3.4 Following the determination of the Owner's and user's priorities, values and goals, the Architect, in conjunction with the Owner, shall identify and confirm the Owner's objectives for the Project, including such elements as image, efficiencies, functionality, cost and schedule. § 2.3.5 The Architect shall confirm the intended use of the program documents and services with the Owner and the intended results of information gathering. § 2.3.6 The Architect shall identify and evaluate the constraints and opportunities that will have an impact on the existing or proposed facility, such as governmental requirements, financial resources, location, access, visibility and building services. ALA Document E[202"-2009, Copyright 02009 by The American Institute of Architects. All tights reserved. WARNING; "stars AIA ° Doc unrent is protected Init. by U.S. Copyright Law and International Treaties, Unauthorized rePf0dUCti0fl or distribution of this AW Docuinent, or any portoori of it, may result in 2 severe civil and crioninal penalties, and will be vrosecuted to the maxima extent possible under the law. This documentwas produced by AJA software at 12:45M on 0712712017 under Order No5489623042 which expires on 0412612 0I8, and is not for resale. User Notes: (1315202096) LQV § 2.4 Information Gathering § 14.1 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 1 Relevant government documents such as applicable codes and ordinances .3 Applicable non-governmental building and planning standards .4 Relevant historical documents and archival materials § 2.4.2 The Architect shall prepare for and conduct interviews of Owner-designated individuals by .1 identifying key individuals to be interviewed, .2 establishing a work plan and schedule for the interviews, .3 determining the types of data that could impact the design of the facility, and A determining how interviewing will relate to other information-gathering techniques, such as observation and survevs. § 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, 1 identify traffic and circulation patterns, use levels and general adequacy of spaces to accommodate the users, and .3 prepare a written description or graphic illustration of the existing space utilization, identifying space requirements and relationships for, furniture, equipment, operating procedures, security requirements and communications. § 2.4.4 The Architect shall identify, in consultation with the Owner, facilities and operations of a similar nature to be visited and observed by designated programming participants for purposes of evaluation and comparison. § 2.4.5 In consultation with the Owner, the Architect shall identify the individuals to be surveyed. The Architect shall prepare a work plan and schedule for questionnaires and surveys and shall develop, prepare and distribute questionnaires and surveys and collate the results, The Architect shall prepare survey questions based on a systematic process for gathering specific program information such as furniture and equipment needs and special space criteria. § 2.4.6 The Architect shall conduct group sessions with the Owner's Project team for the purpose of reviewing information obtained from literature reviews, interviews, observations and surveys: considering and discussing design and planning issues, including future growth and expansion projections, and endeavoring to achieve consensus as to which values, goals, facts, needs and ideas should influence the design of the facility. The Architect shall determine the group session goals and identify participants for the group sessions. § 2.5 Data Analysis § 2.5.1 Based on the information gathered, the Architect shall develop performance and design criteria for the proposed facility. § 2.5.2 The Architect shall make a preliminary determination of space requirements, space relationships and circulation, including consideration of special requirements, such as ambient environment, safety and security, furnishings, flexibility and site information, where appropriate. § 2.5.3 The Architect shall identify any major unresolved programming issues and discuss preliminary options for their resolution with the Owner. § 2.5A Based on discussions with the Owner, the Architect shall make recommendations for solutions to the unresolved programming issues for approval by the Owner prior to preparation of the Architect's initial report. § 2.6 Presentation and Initial Report § 2.6.1 The Architect shall prepare an initial report of its findings and analysis for the Owner and meet with the Owner to agree on the form of presentation appropriate to tile needs of the Owner's organization and the Project. AIA Document 121202� — 2009. Copyright 0 2009 by The American Institute of Architects. All rights reserved. WARNING: ThIs AIA" Document is protected Init. by U.S Copy6ght Law and international Treaties. JrmuthoHzed reproduction or distHbution of this AIA' Docurylont, 0; arty portion of it. may riesutt ill 3 vprc cividand cTirnoial penalh,�s, anel will be prosecuted to the ooaximuni extent possible underthe law This document was produced by AIA software JI at ^12.45:3'3 on 0712712017 under Order No.5489623042 which expires on 0412812018, and is not for resale, User Notes: (1315202096) M § 2.6.2 The Architect shall present its initial report to the programming participants or as otherwise directed by the Owner. § 2.7 Development of Final Program of Project Requirements § 2.7.1 The Architect shall recommend Project standards or incorporate Owner standards such as area allowances, space allocation, travel distances, and furniture and equipment requirements. § 2.7.2 The Architect shall establish general space quality standards for the Project related to such elements as Z, lighting levels, equipment performance, acoustical requirements, security and aesthetics. § 2.73 The Architect shall determine specific space requirements for the Project by .1 identifying required spaces, .2 establishing sizes and relationships, 3 establishing space efficiency factors (ratio of net square footage to gross square footage), and .4 documenting particular space requirements such as special HVAC, plumbing, power, lighting, acoustical, furnishings, equipment, or security needs. § 2.7,4 The Architect shall prepare a final program document detailing all items identified in Sections 2.7.1 to 2.7.3, incorporating written and graphic materials that may include .1 an executive summary, .2 documentation of the methodology used to develop the program, .3 value and goal statements, .4 relevant facts upon which the program was based, .5 conclusions derived from data analysis, .6 relationship diagrams, .7 flow diagrams, .8 matrices identifying space allocations and relationships, .9 space listings by ftunction 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 ofthe program with respect to the Owner's stated budget objectives. ARTICLE 3 ADDITIONAL SERVICES § 3.1 In addition to the Programming Services described above, the Architect shall provide the following Additional Services only if specifically designated below as the Architect's responsibility. The Architect shall perform such Additional Services in accordance with a service description provided in Section 3.2 or attached as an exhibit to this services document. (Designate the Additional,5ervices the Architect shall provide in the second column of the table below. In the third column indicate whether the service description is located inSection 3.2, or in an exhibit attached tis this services document If in an exhibit, identify the exhibit.) Services Responsibility Location of Service Description (architect, Owner (,Section 3.? below or an exhibit 01' attached to this document and .Vol Provide4) identLied beLTv2 § 3.1.1 Multiple Site Evaluation Architect Up to six site locations § 3.11 Site Suitability Architect Up to six site locations § 3.1.3 Site Planning Architect Up to six site locations § VA Master Planning Architect § 3.1.5 Preliminary Design Architect § 3.1A Preliminary Cost Estimating Architect § 3.1.7 Scheduling Architect AIA Document 152132111- 2009. Copyright C 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U -S. Copyrlghl. Law and International Treaties. Unauthorized reproduction or distribution of tins AlA, Document or any portion of itmay result in 4 seye,re civil and critnigial penalfies. and will be prosecuted to the maximum extent possible under the law. This docurrientwas produced by AIA software at 12:45i33 on 07/27f2017 under Order No,5489623042 which expires on 0412612018, and is not for resale. User Notes: (1315202096) W § 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 Legal 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 information for potential sites. Design team will evaluate feasibility of proposed sites based oil site availability, size, utility connections, etc. Program verification will confirm building sizes and adjacencies based on previous program provided to Architect. § 3.3 The Architect shall provide Programming Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 One I ) multi -day meeting to determine Owner and user values and goals 1 Two 2 ) interviews for the purpose of gathering data .3 Three 3 ) presentations to programming participants and user groups .4 Two 2 ) special presentations to Boards of Directors, stakeholder groups or other outside entities .5 As required facility visits pursuant to Section 2.4.4 ARTICLE 4 OWNER'S RESPONSIBILITIES § 4.1 Unless specifically described in Articles 2 or 3, the services in this Article shall be provided by the Owner or the Owner's consultants. § 4.2 The Owner shall provide to the Architect data and information necessary to complete the Programming Services, including preliminary budget objectives and other parameters for the Project, design standards, facility standards, and other design criteria, environmental criteria and sustainability objectives. § 4.3 The Owner shall identify a representative authorized to act on the Owner's behalf to participate in the information gathering process, to facilitate the programming process, and to provide, in a timely manner, decisions made by the Owner. § 4.4 The Owner shall provide to the Architect master plans or record drawings that pertain to a site or existing facility under consideration for development or redevelopment within the scope of this agreement. § 4.5 The Owner shall provide access to the property, buildings, and personnel necessary for the Architect to complete the Programming Services. The personnel shall conduct tours and explain the property's original, current and anticipated future use. § 4.6 The Owner shall make the Owner's personnel available to the Architect, in a timely manner, to provide information about Owner and user goals and to facilitate decision-making in accordance with the Project schedule. ARTICLE 5 COMPENSATION § 5.1 For the Architect's Programming Services described under Article 2, the Owner shall compensate the Architect as follows: (Insert amount qf or basis fir, compensation) $150,000 § 5.2 For Additional Services provided tinder Section 3.1 the Owner shall compensate the Architect as follows. AIA Document B202Tm— 2009. Copyright 02009 by The American Institute of Architects. All rights reserved. WARNING: This AIADocument is protected by U.S, Copyright Law and I nternatlona[ Treaties. Unauthorized reproduction Ord istribufioii of this AIA" Dorument, or any portion of it, may result m 5 se,vem civil and i-,rirninaf periattles, and will be proseculed to the maximurn extent possible under the law. This document was produced by AIA software at 12A5:33 on 0712712017 under Order No.5489,623042 which expires on 0412612018, and is not for resate. User Notes-. (1315202096) (Insert amount of or basis for, compensation. If necessarv, list .specific services to vvhich part cular methods Qf compensation upp4v.) TBD § 5.3 For .Additional Services that may arise during the course of the Project, including those under Section 3 ).3, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation) TBD § 5.4 Compensation for Additional Services of the Architect's consultants when not included in Section 5.2 or 5.3, shall be the amount invoiced to the Architect plus ten percent ( 10 %), or as otherwise stated below: ARTICLE 6 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Standard Form of Architect's Services: Programming, if any, are as follows: AIA Document 82162'" — 2009. Copyright 02009 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected Init. by U.S, Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' DOCLMTleglt, or any portion of it, may result in 6 sovepe ciM and criminal, ponalfiesand will Lie prosecuted to the maximum extent possible under the law. This documentwas produced by AlAsottware at 12:45:33 on 07127/2017 under Order No,5489623042 which expires on 04126/2018, and is not for resale. User Notes: (131 5202086) •N City of Tukwila 9WLQMSA11&&UA "? 91 0 City of Tukwila Request for Statement of Qualifications and Proposals For Architectural Design Services for a New Justice Center The City of Tukwila is soliciting Statements of Qualifications (SOQs) and 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 availability 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. Review of the SOQs and the final selection will be performed by a committee comprised of City staff, Police and Court staff and others. Background information, consultant selection criteria and instructions for the preparation and submittal of SOQs and proposals may be obtained by contacting Justine Km at Shiels Obletz Johnsen at jusbnekA-soLs_ea.co - 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 will be based on the combined score of the written SOQs / proposals and the interviews. F-T-MR.TeUTWITUDI City of Tukwila voters approved a $77 million public safety program bond measure 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 municipal court for the City of Tukwila. The City of Tukwila anticipates that the selected firm will provide typical professional architectural services required for planning, design and construction of the new Justice Center. Services will include, but are not limited to: architectural services, programming and program validation, site selection assistance, cost estimating, structural engineering, MEP (mechanical, electrical, plumbing), civil engineering, landscape design, interior design, and construction administration for the new Justice Center. The approximate program areas for the components are:. • Courts: 5,000 sq. ft. • Police: 33,100 sq. ft. • Emergency Operations Center: 6,000 sq. ft. 93 Attention- Justine Kim 800 5th Avenue, Sui,i 4130 RIM, • I V1411110r, OPTIONAL SITE WALK: An optional site walk is scheduled for Thursday, May 25, 2017 at 1:00 PM at Tukwila City Hall, located at 6200 Southcenter Boulevard, Tukwila, WA. As this is an occupied City Hall, please limit attendees to 2 people per firm. QUESTIONS All questions should be directed to Justine Kim via email to iustinek@soisea.com. The City must receive all questions by 4:00 pm on May 27. 2017. A final Addendum, if necessary, will be issued by 4:00 pm on May 31, 2017. SUBMITTAL REQUIREMENTS: 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-consultant(s), please identify the sub-consultant(s) 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, El 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. ro Consultant's SOQ will be evaluated based on the criteria listed in this section. In preparing the SOQ, it is important to clearly demonstrate expertise in the areas described in this document. The SOQ 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 SOQ 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 SOQ 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 (SOQ)/Proposals 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: 5 points 95 3-r- =- Subtotal: 50 points 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. 20 points c) Communication* Overall quality of the team's presentation, including interpersonal communications between team members and the interview panel. Quality of questions asked by the firm, 10points The firm receiving the highest combined score as a result of the SOQ/Proposals and Interviews will be selected to enter into an agreement with the City, and design to be a significant component of the proposal from the successful firm or team. experience on behalf of other public agencies. SUBMISSION REQUIREMENTS: 2) Required Number of Copies, Firms responding to this RFQ shall submit six (6) copies of the SOQ to the address listed above, Firms shall also submit one (1) electronic copy to the address listed above. 3) The City reserves the right to waive as informally any irregularities in SOQs and/or to reject any or all submittals. All responses to this RF Q will be screened for eligibility. As time permits, a selection panel will rate eligible responses, according to the criteria listed above, and may conduct reference checks as part of the process. If there is insufficient information, the City reserves the right to request additional information, and to interview firms to discuss their SOQs. It is the City's intent to interview the top two or three firms based upon the submitted written materials. M 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 SOQs andlor 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, 5) The City shall not be responsible for any costs incurred by the firm in preparing, submitting or presenting its response to the RFQ. 6) Approximate Selection Timeline: SOQ/Proposal Deadline: June 7, 2017 at 2:00 pm Consultant Shortlist: week of June 12, 2.417 Consultant Interviews: week of June 191 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 1 ) Minority-owned 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 respond to this RFQ, to participate as partners, or to participate in other business activity in response to this RFQ, 2) Basic Eligibility: 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 firm must not be debarred, suspended, or otherwise ineligible to contract with the City. 3) Pgyment Reg,uire,ments 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. M 4) Approval of Sub -Consultants: The City retains the right of final approval of any sub -consultant of the selected firm who must inform all sub -consultants of 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 (Mylar) 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 may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage, If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 1 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self - W insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:Vll. 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. � •M 110 C-ity Council Public Safety Committet PUBLIC SAFETY COMMITTEE Meeting Minutes August 7, 2017 -S.'30 P.M. - Hazelnut Conference Room, City Hall Councilmembers: Thomas McLeod, Chair; Joe Duffle, De'Sean Quinn Staff: David Cline, Rachel Bianchi, Bob Giberson, Jay Wittwer, Rick Mitchell I 1 111 1 111 11111111 1 1111 111 Jill !it A. Contract: Fire Station Architectural and Engineering Services Staff is seeking Council approval of a contract with DLR Group, Inc. In an amount not to exceed 1. Public Safety Plan Open House Update Committee members and staff discussed the upcoming Public Safety Plan Open House taking place on August 10, 2017, S:30-7 40 p.m. at Fire Station 54. The event designed to give the public a chance to learn about progress, meet the fire station architects, and enjoy free family fun with an ice cream social and bouncy house. The City is also hosting an online open house. C. Public Safety Committee Work Plan Committee members and staff reviewed an updated 2017 Committee Work Plan, which lists completed and anticipated items by quarter. CM McLeod asked for an update on Cod. - 101 MA Upcoming Meetings & Events August 2017 14th (Monday) 15th (Tuesday) 16th (Wednesday) 17th (Thursday) 18th (Friday) 19th (Saturday) Community Transportation Peanut Butter and BNSF Access Tukwila Kids 24th Annual Development & & Infrastructure Jam Family Concert Study Open Festival Community Neighborhoods Cmte., Series House 48th Ave S. 11:00 AM - 2.00 Garage Sale Cmte., 5:30 Pm FREE family fun! 5:30 - 7:30 Pm PM (Cascade Shoppers look for 5:30 Pm (Foster Noon - I �00 PM (Communii�y View Park, 14211 yellow signs around (Hazelnut Conference (Community Center by Center) 37 Ave S.) Tukwila. Conference Room) Room) the Spray Park) Meet project staff, Free Family Fun For additional This week. learn about the for the whole family! call 206-433- 7178 Caspar Babypants. preferred Family Summer City Council FREE but we ask for alternative route Committee of a Peanut Butter or Jam and environmental Outdoor Cinema the Whole Mtg., donation to support process, and share Series 7:00 Pm our summer food your thoughts. Showing (Council drive. "Finding Dory" Chambers) Aft& Tukwila (PG) Tukwila Historical Community Center Cancelled Society, Outdoor seating 7:00 Pm opens at 7:30 Pm. (Tukwila Movie begins at Heritage & dusk. Cultural Center, 14475 59111 Ave S.) 21st (Monday) 22nd (Tuesday) 23rd (Wednesday) 24th (Thursday) 25th (Friday) 26th (Saturday) )o- Public Safety Finance Cmte, Planning Tukwila Intl. Blvd. Cmte' 5:30 PM Commission., Action Crate's 5;30 Pm (Hazelnut 6:30 Pm Trash Pickup Day (Hazelnut Conference (Council 9:00 - 10:00 AM Conference Room) Room) Chambers) For location or information contact Sharon Mann > City Council 206-200-3616 Regular Mtg., 7:00 Pm (Council Chambers) �- Civil Service Commission: I st Mon., 5:00 PM, Human Resources Conf. Room. Contact Sara Valdez at 206-431-2187, rCommunity Development and Neighborhoods Committee: 2nd & 4th Mon., 5:30 PM, Hazelnut Conf. Room (A) Update on visitor marketing: Brandmark criteria and review process. (B) Briefing on Tukwila Village Community Organization. COPCAB (Community Oriented Policing Citizens Adv. Board): 2nd Thurs., 6:30 Pm, Duwamish Conference Room. Contact Chris Partman at 206-431-219.7 Finance Committee: I st & 3rd Tues., 5:30 Pm, Hazelnut Conf, Room. Park Commission: 2nd Wed., 5:30 PM, Community Center. Contact Robert Eaton at 206-767-2332. Planning Commission/Board of Architectural Review: 411 Thurs., 6:30 Pm, Council Chambers at City Hall. Contact Wynetta Bivens at 206-431-3670. Public Safety Committee: I st & 3rd Mon., 5:30 Pm, Hazelnut Conf Room. )� Transportation and Infrastructure Committee: 2nd & 4th Tues., 5:30 PM, Foster Conf. Room (A) Transportation Demand Management Plan - Plan Update. (B) 2018 Overlay and Repair Program - Design Consultant Selection and Agreement. (C) Tukwila Comprehensive Plan - Transportation Element Update. (D) National Polluntant Discharge Elimination System (NPDES) - Municipal Stormwater Capacity Grant Application. Tukwila Historical Society: 3rd Thurs., 7:00 PM, Tukwila Heritage & Cultural Center, 14475 59" Avenue S. Contact Louise Jones -Brown at 206-244-4478. )O,Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Valley View Sewer District. Contact Chief Villa at 206-433-1815. 103 Tentative Agenda Schedule S.e."tember 15 (Tuesday) Special Presentation. -Police Department promotion of Todd Rossi to position of Commander- -Police Department Life Saving Awards. Appointments: Appointments to Boards and Commissions. Public Hearing: A 6 -month moratorium within the Tukwila International Boulevard Study Area in the City of Tukwila on the development of certain uses such as hotels, motels, extended -stay facilities, or auto -oriented uses, Unfinished Business -An ordinance to adopt findings of fact regarding the above 6 -month moratorium. -Final report on PICH grant 1IV 14 See agenda packet cover sheet for this week's agenda: August 7, 201.7 Regular Meeting. M Sp tial Presentation: -Update from Public Safety Plan Siting Advisory Committee. Q1 Unfinished Business: -Authorize the Mayor to sign an Interlocal Agreement with Tukwila School District for the School Resource Officer. -Authorize the Mayor to sign a contract for architectural and engineering design services with DLR Group for the City's Justice Center. 19 28 Special Presentation: -Climate change and the Greert/Duwamish River. 25