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Home My WebLink AboutCity Council Committees - Parks and Human Services - 11/20/2008 Parks and Human Services Committee Agenda KENT Council: Chair Deborah Ranniger - Elizabeth Albertson - Jamie Danielson November 20, 2008 5:00 P.M. No. Description Action Speaker Time Page 1. Minutes of October 16, 2008 - Approve Yes n/a 05 1 2. Eagle Scout Contributions - Recognition No Victoria Andrews, 05 5 Lori Flemm 3. "Comcast Cares Day" Donation - Yes Victoria Andrews, 05 7 Accept and Amend Budget Lori Flemm 3. King County 4Culture 2008 Yes Ronda Billerbeck 05 9 Performance Network Grant - Accept and Amend Budget 5. Aukeen Court Expansion Project Yes Jeff Watling, 05 25 Agreement - Authorize John Hodgson 6. Ten-Year HVAC Replacement Plan - No Jeff Watling, 10 61 Informational Charlie Lindsey 7. What's Happening in Parks No Jeff Watling 05 65 Unless otherwise noted, the Parks Committee meets at 5:00 p.m. on the 3rd Thursday of each month. Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. For information, please contact the Parks, Recreation and Human Services Department at (253) 856-5100 Any person requiring a disability accommodation should contact the City Clerk's Office at (253) 856-5725 in advance. For TDD relay service call theashington Telecommunications Relay Service at 1-800-833-6388 This page intentionally left blank. Page 1 City of Kent Parks and Human Services Committee Meeting KENT Minutes of October 16, 2008 W.vx ixcrnu Call to Order: Debbie Ranniger called the meeting to order at 5:00 p.m. Council Committee Members Present: Chair Debbie Ranniger, Elizabeth Albertson and Jamie Danielson. Debbie Ranniger was excused from the meeting at 5:30 p.m. Added Items: Item #2 Comcast Donation Presentation to Kent Parks Foundation Item #4 Kent Youth and Family Services Appreciation Item #1 Meeting Minutes Dated September 18, 2008 Elizabeth Albertson moved to approve the minutes of September 18, 2008. Jamie Danielson seconded and the motion passed 3-0. Item #2 Comcast Donation Presentation to Kent Parks Foundation Terry Davis and Jim Martin of Comcast attended the meeting to present a check to the Kent Parks Foundation for $5,460.00. Comcast volunteers participated in "Comcast Cares" day at Lake Meridian Park in May, when 140 volunteers repainted structures and planted native trees and shrubs. The donation will be used toward the purchase of playground equipment at Lake Meridian. Debbie Ranniger shared her appreciation for Comcast and suggested they be invited to the grand opening ceremony for the new play equipment. Item #3 DSHS Access and Visitation Grant Contract Amendment for Safe Havens Services — Accept and Amend Budget Katherin Johnson, Manager of Housing and Human Services stated that the State of Washington DSHS Grant funds will be used to provide services to low income families at the Safe Havens Visitation and Exchange Center. Funds will be used for program costs. The original contract of $14,308.00 is deducted by a grant match, amending the actual funding to $13,008.00. Jamie Danielson moved to recommend accepting the State of Washington, DSHS Access and Visitation Grant for $13,008.00 to fund Safe Havens services, authorizing the Mayor to sign the contract amendment, and approving the expenditure of funds in the Safe Havens budget. Elizabeth Albertson seconded and the motion passed 3-0. Item #4 2009 CDBG Annual Plan and Funding Allocations - Authorize Katherin Johnson and Dinah Wilson of the Housing and Human Services Division said that the City of Kent receives Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD) as an Page 2 I, Entitlement City. To receive this funding, the City is required to submit a Five-Year Consolidated Plan for Housing & Community Development. The City's Consolidated Plan is in effect from 2008-2012. Prior to the beginning of each year of the Consolidated Plan, the City must inform HUD and the community of the specific actions planned to implement the objectives and strategies of the Plan. This is outlined in the 2009 Action Plan, including the allocation of estimated resources that will be used to carry out the objectives and strategies. Elizabeth Albertson moved to recommend approving the proposed 2009 Community Development Block Grant Action Plan, including funding allocations and contingency plans, and authorizing the Mayor to execute the appropriate certifications and agreements. Jamie Danielson seconded and the motion passed 3-0. Item #5 Kent Youth and Family Services Mike Heinisch, Executive Director of the Kent Youth and Family Services attended the meeting to acknowledge the City of Kent for being a leader in funding human services. The committee discussed the proposed cuts within the King County budget and subsequent negative impacts to human services programs in Kent. Katherin Johnson will present an update on new statistics and impending human service needs. Item #6 Public Art Proposal Agreement for the Maintenance/Operations Facility - Authorize Cheryl dos Remedios, Visual Arts Coordinator, shared that artist Ries Niemi was chosen by a public art selection panel to create an art proposal. Ries Niemi's proposal is tentative on November 7. The panel's recommendation was approved by the Kent Arts Commission on June 24. This public art project costing $15,000, will create a transition between the surrounding neighborhood and the new Maintenance Operations Facility. The intended audience for this public artwork will be neighborhood residents, vehicular traffic and visitors to Clark Lake Park. The design, fabrication and installation budget totals $200,000, including this initial proposal agreement. Elizabeth Albertson moved to recommend authorizing the Mayor to sign an agreement with Ries Niemi in the amount of $15,000 for the Maintenance / Operations Facility Public Art Proposal, subject to final terms and conditions acceptable to the City Attorney. Jamie Danielson seconded and the motion passed 3-0. Item #7 2008 Third Quarter Fee-in-Lieu Funds — Accept and Amend Budget Lori Flemm, Superintendent of Parks and Open Space reported that, between July and September 2008, the City of Kent received a total of $57,075.00 from six developers who voluntarily paid fees in lieu of dedicating park land to mitigate the development of single family homes in six subdivisions: Tudor Square Budget: $7,125.00 from Rashpal Momi Parks and Human Services Committee Page 2 Minutes or October 16, 2008 Page 3 • Town Square Plaza Budget: $41,400.00 from Mackenzie River Homes, Sekhon Brothers Dev. and Chateau Meridian LLC • Wilson Playfields Acq. & Dev Budget: $8,550.00 from Silverstar Homes LLC • Turnkey Park Budget: $31,275.00 from Haley's Ridge LLC (2nd Qtr) Jamie Danielson moved to recommend accepting the $88,350.00 for fee-in-lieu funds for second and third quarters of 2008, and approving the expenditure of funds in the following budgets: Tudor Square, Town Square Plaza and Wilson Playfields Acquisition and Development, and Turnkey Park. Elizabeth Albertson seconded with Debbie Ranniger's concurrence and the motion passed 3-0. Item #8 Washington State Slo-pitch Umpires Association Agreement — Approve Director Jeff Watling said that the Washington State Slo-pitch Umpires Association (WSSUA) is under contract to provide umpire coverage for the Kent's Adult Softball Program. During the 2008 season, more teams participated than expected, creating a need to pay for more umpires. This additional expense put the contract with the Umpires Association $710.00 over the $25,000.00 approval threshold, thus requiring City Council approval to compensate the overage. Jamie Danielson moved to recommend approving the payment of $710.00 to the Washington State Slo-pitch Umpires Association for additional services incurred during the 2008 season. Elizabeth Albertson seconded with Debbie Ranniger's concurrence and the motion passed 3-0. Item #9 Lease Agreement with Way Back Inn Foundation — Authorize Jeff Watling reported that the Way Back Inn Foundation, a non-profit agency, has been a tenant in the city-owned building located at 9815 South 252nd Street since 1983. The building, known as The Campus House provides temporary single family dwellings for homeless families with children less than fourteen years of age. In consideration of this five-year agreement, the Lessee pays all costs associated with or arising out of the maintenance, operation, and agreed upon tenant improvements of the leased premise in lieu of paying rent. Jamie Danielson moved to recommend Council authorize the Mayor to sign the lease agreement with the Way Back Inn Foundation, a non-profit corporation, to lease the city-owned building located at 9815 South 252nd Street. Elizabeth Albertson seconded with Debbie Ranniger's concurrence and the motion passed 3-0. Item 10 Third Quarter Contributions Report Jeff Watling reported that contributions less than $5,000 and not requiring Council approval totaled $43,361 for the third quarter of 2008, Funds received throughout the department came by cash, materials, and in-kind services. Jamie Danielson voiced appreciation for the information so that Council can thank the businesses who have contributed. Parks and Human Services Committee Page 3 �I Minutes of October 16, 2008 ',, Page 4 Item 11 Third Quarter 2008 Reports Jeff Watling shared highlights of the summary of programs and services for the third quarter of 2008: • 65,769 total users visited the beach area at Lake Meridian. • Summer teen employment once again collaborated with the King County Work Training Program to employ 14 teens. • Approximately 15,000 people attended the 2008 Fourth of July 2008 "Splash" at Lake Meridian. • The Senior Center served 4,800 meals during the third quarter of this year and the expanded weight room experienced 1,900 visits. Item #12 What's Happening • Make-A-Difference Day is October 25, from 9:00 a.m. to 12:00 p.m. at Clark Lake Park. • Jeff recognized Victoria Andrews, Fund Development Coordinator, for obtaining funding from local service clubs. • Tree plantings at local schools have begun. 100 kids attended a planting today using trees they have been growing since last summer. • Eagle Scout Project with trees and shrubs being planted and chips made out of cardboard donated from Core Recycles placed in shrub beds. Starbucks donated coffee and cocoa. The meeting adjourned at 5:56 p.m. Respectfully submitted, Teri Petrole Committee Council Secretary Parks and Human Services Committee Page 4 Minutes of October 16, 2008 Page 5 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 KEN T Fax: 253-856-6050 WASHINGTON '. Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: November 20, 2008 TO: Kent City Council Parks and Human Services Committee FROM: Victoria Andrews, Fund Development Coordinator, Lori Flemm, Superintendent of Parks Planning & Development THROUGH: Jeff Watling, Director of Parks, Recreation and Community Services SUBJECT: Eagle Scout Contributions - Recognition MOTION: None SUMMARY: Local Eagle Scouts will be recognized for their many contributions of time, funds, and materials dedicated to park improvements. EXHIBITS: None BUDGET IMPACT: N/A i i Page 6 This page intentionally left blank. Page 7 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 Fax: 253-856-6050 •KEN iT Address: 220 Fourth Avenue S. WASH I N G T G N Kent,WA. 98032-5895 DATE: November 20, 2008 TO: Kent City Council Parks and Human Services Committee FROM: Victoria Andrews, Fund Development Coordinator, Lori Flemm, Superintendent of Parks Planning and Development THROUGH: Jeff Watling, Director of Parks, Recreation and Community Services SUBJECT: "Comcast Cares Day"Donation — Accept and Amend Budget MOTION: Move to recommend Council accept $5,050.50 from the Kent Parks Foundation toward the purchase of playground equipment at Lake Meridian Park, and approve the expenditure of funds in the Lake Meridian Playground Equipment budget. SUMMARY: On May 3, 2008, Comcast employees and their families worked on numerous improvement projects at Lake Meridian Park as part of their"Comcast Cares Day."In addition to volunteering their time, Comcast donated money, with a preference that these funds be used toward the purchase of play equipment at Lake Meridian Park. Staff from Comcast attended the Parks Committee meeting on October 16, with the official check donated to the Kent Parks Foundation. EXHIBITS: None BUDGET IMPACT: Unbudgeted $5,050.50 impacts revenue account no.P21003 and expense account P21003.56718. Page 8 This page intentionally left blank. i Page 9 f PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 K�N T Fax: 253-856-6050 WAS H IN GTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: November 20, 2008 TO: Kent City Council Parks and Human Services Committee FROM: Ronda Billerbeck, Cultural Programs Manager THROUGH: Jeff Watling, Director of Parks, Recreation and Community Services SUBJECT: King County 4Culture 2008 Performance Network Grant - Accept and Amend Budget MOTION: Move to recommend accepting funding in the amount of $9,250 from 4Culture to reimburse the Kent Arts Commission for three Site Specific Performance Network pieces and approving the expenditure of funds in the Arts Commission budget. SUMMARY: 4Culture has awarded the Kent Arts Commission $9,250 to present three new works as part of the 2008 Site Specific King County Performance Network. The Phffft Theater Dance Company presented "Mass Movement" at Kent Station as part of Cornucopia Days. "The Snow Queen" was presented by theater simple at Lake Meridian Park in August. Brazilian musician Eduardo Mendonca performed as part of the 1St Avenue Block Party on September 12. EXHIBITS: Contract No. 91-6001254 BUDGET IMPACT: Unbudgeted $9,250 impacts revenue account 10006222.53705.4310 and expense account 10006222.64190.4310. Page 10 This page intentionally left blank. Eger - Agreement No. 108038A Contractor's Federal Taxpayer ID No. oo Contractor City of Kent Arts Commission Project Title: 2008 Site Specific King County Performance Network Contract Amount: $9,250.00 Fund Source: CP - KC Performance Network Contract Period From: 04/01/08 To: 12/30/08 AGENCY SERVICES CONTRACT 2008 THIS CONTRACT is entered into by the CULTURAL DEVELOPMENT AUTHORITY OF KING COUNTY ("4Culture"), whose address is 101 Prefontaine Place South, Seattle, WA 98104-2672 and telephone number is (206) 296-7580 and the City of Kent Arts Commission (the "Contractor"), whose address is 220 4th Avenue S. Kent WA 98032 and telephone number is (253) 856-5055. Contractor is an art, cultural or historical organization or specialist qualified to receive funds pursuant to King County Code Sections 2.48 and 4.42 and RCW 67.28.180 and as hereinafter may be amended. The 4Culture Board of Directors approved providing funds for this project by Motion No. 2008-07. 4Culture desires to provide funds with which the Contractor shall render certain services to King County citizens. Such services are for the benefit of art museums, cultural museums, heritage museums, the arts, and/or the performing arts and are consistant with those defined in RCW 67.28.180 ('Public Benefit Services"). 4Culture is organized pursuant to King County Ordinance 14482 and RCW 35.21,730, et sue. RCW 35.21.750 provides as follows: "[All] liabilities incurred by such public corporation, commission, or authority shall be satisfied exclusively from the assets and properties of such public corporation, commission or authority and no creditor or other person shall have any right of action against the city, town, or county creating such corporation, commission, or authority on account of any debts, obligations, or liabilities of such public corporation, commission, or authority." The legislative authority of 4Culture has found and declared that providing funds to Contractor to reimburse Project costs in consideration of services provided hereunder constitutes a public purpose with the meaning of Article VII, Section 1 of the Washington State Constitution for which public funds may properly be expended or advanced. NOW, THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: AG SVC 08 Page 1 of 7 l B. Contractor may apply to 4Culture for reimbursement upon completion of specified phases as detailed in the Specific Scope of Services and Reimbursement Schedule attached to this contract. I C. Contractor shall submit an invoice and all accompanying reports in the forms attached hereto as "EXHIBITS", not more than 30 days after the completion of each specified phase identified in the Specific Scope of Services and Reimbursement Schedule. 4Culture will initiate authorization for payment after approval of corrected invoices and reports. 4Culture shall make payment to the Agency not more than 60 days after the appropriate invoice is received. D. Contractor shall submit its final invoice and all outstanding reports within 30 days of the date this Agreement terminates. If the Agency's final invoice and reports are not submitted by the day specified in this subsection, 4Culture will be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice E. Accompanying the final invoice for the project, the Contractor shall also submit: 1. A project evaluation report upon the form provided by 4Culture. 2. If 4Culture requests, at least two images (prints, slides, or digital images accompanied by a high-quality print-out) of publishable quality for use by 4Culture to publicize its funding programs. Photos shall have credits, caption information, and permission to publish. F. If the Contractor fails to comply with any terms or conditions of this contract or to provide in any manner the work or services agreed to herein, 4Culture may withhold any payment to the Contractor until 4Culture is satisfied that corrective action, as specified by 4Culture, has been completed. This right is in addition to and not in lieu of 4Culture's right to terminate this contract as provided in Section IV, any other rights of4Culture under this Agreement and any other right or remedy available to4Culture at law or in equity. IV. TERMINATION OF AGREEMENT A. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement or if the Contractor shall violate any of its covenants, agreements or stipulations of this Agreement, 4Culture may terminate this Agreement and withhold the remaining allocation. Prior to so terminating this Agreement, 4Culture shall submit written notice to the Contractor describing such default or violation. 4Culture shall not so terminate this Agreement if 4Culture determines that Contractor has, within twenty (20) days of the date of such notice, fully corrected such default or violation. V. MAINTENANCE OF RECORDS A. The Contractor shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by 4Culture to ensure proper accounting for all contract funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and services provided in the performance of this Agreement. B. These records shall be maintained for a period of six (6) years after termination of this Agreement unless a longer retention period is required by law. AG SVC 08 Page 3 of 7 -Page 13 B. To the full extent provided by applicable law, the Contractor shall protect, defend, indemnify, and save harmless 4Culture its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of or in any way resulting from the acts or omissions of the Contractor, its officers, employees, and/or agents, except to the extent resulting from 4Culture's sole negligence. If this Agreement is a "a covenant, promise, agreement or understanding in, or in connection with or collateral to, a contract or agreement relative to the construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate" within the meaning of RCW 4.24.225, the Contractor shall so protect, defend, indemnify, and save harmless 4Culture, its officers, employees, and agents only to the extent of the Contractor's, its officers', employees', and/or agents' negligence. The Contractor agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by or on behalf of any employees, or agents. In the event 4Culture incurs any judgment, award and/or cost arising there from including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. Claims shall include, but are not limited to, assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright. X. INSURANCE REQUIREMENTS i The Contractor shall procure and maintain for the duration of this Agreement insurance as described on the Exhibit labeled as Insurance Requirements attached here to. XI. CONFLICT OF INTEREST Chapter 42.23 RCW (Code Of Ethics For Municipal Officers--Contract Interests) is incorporated by reference as if fully set forth herein and the Contractor agrees to abide by all the conditions of said Chapter. Failure by the Contractor to comply with any requirements of such Chapter shall be a material breach of contract. In addition, Contractor represents, warrants and covenants that no officer, employee, or agent of 4Culture who exercises any functions or responsibilities in connection with the planning and implementation of the Specific Scope of Contract Services funded herein, has or shall have any beneficial interest, directly or indirectly, in this contract. The Contractor further represents, warrants and covenants neither it nor any other person beneficially interested in this Agreement has offered to give or given any such officer, employee, or agent of 4Culture, directly or indirectly, any compensation, gratuity or reward in connection with this Agreement. The Contractor shall take all appropriate steps to assure compliance with this provision. AG SVC 08 Page 5 of 7 _ ' '_Fa'ge 14 XVI. SURVIVAL The terms and conditions of Sections III, V, VI, VII, Vlll, IX, Xl, XII, XIII, XIV and XV shall survive the termination of this Agreement and shall be continuing obligations of the parties. 4CULTURE: CONTRACTOR: 4Culture-CDA Executive Director Signa lurevicktA ' Date Name (Please type or print) ewe-Title (Please type or print) 0c*- 2-7 I Date AG SVC 08 Page 7 of 7 I EXHIBIT A i I SCOPE OF SERVICE City of Kent Arts Commission and 4Culture mutually agree that the following services be provided in accordance with the proposal submitted to and approved by 4Culture. Partial support for the development and presentation of a three new works for the 2008 Site Specific King County Performance Network The City of Kent Arts Commission will present three performances in cooperation with 4Culture and selected project proposals from the participating artists; Theater Simple,Plihht Dance Theatre and Eduardo Mendonea. City of Kent will provide $3,750 in matching funds for total artist fees of$13,000. City of Kent will contract and pay total artist fees,to be reimbursed by 4Culture at the conclusion of the three performances. All performances will be open and free to the community. Amount: $9,250 Payable upon submission of • Invoice • Organization Evaluation form PUBLIC BENEFIT Performances will be open,accessible,publicized to the community and provided free of charge. PUBLICITY/PROMOTION POLICY Prominent acknowledgment of 4Culture King County Performance Network is required of all recipients for use in all publicity and promotional materials,including, but not limited to brochures,press releases, programs,posters, public service announcements,flyers and advertisements. Please contact your Project Coordinator for an electronic logo file. SITE SPECIFIC ARTS .ORG 9 Exhibit B CULTURE KING COUNTY LODGING TAX 2008 Site-Specific King County Performance Network Application 4Cuiture 101 Prefontaine Place South, Seattle,WA 98104 206 296.7580 www.4Culture.org TTY 711 Deadline: Applications must be received in the office by 4:30 P.M. on January 14, Monday, January 14, 2008 or postmark®d by January 14, 2008, �Qt3$ INSTRUCTIONS Read the Xing County Performance Network guidelines before filling out this form. • Submit one original of the application and artist resume.DO NOT STAPLE;. • Submit one sat of required work sample and optional support materials, 1.Applicant Artist/Ensemble/Organization Name: theater simple Contact Name: Mr. ❑ Ms. ❑ Title: artistic instigator First Name: Llysa Last Name: Holland Address:4017 W Emerson Street City: Seattle Zip: 98199 Area Code: 206 Phone:7848647 e-mail: thsimple@gmaii.com Area Code: Fax: http://vvww.theatersimple.org County Council District Number:4 THIS is REQUIRED INFORMATION Call King Co.Records and Elections at(2e6)296.1581 to verify your Council District or visit bttP'/lwww mefmkc oov/mkec/distma tm j 2. Project Please attach one to three ideas or concepts fora site-specific performance or exhibition; Concepts) Please include a one-page description and a preliminary expense budget for each concept. Additional information such as technical requirements,site availability, and a final j project budget will be developed after the review and selection by the sponsoring agencies. For the purpose of this application, please just describe your idea(s)and estimated expenses. 3. Project If your proposal has special requirements(which might include technical needs, venue Requirements: restrictions, or the need and/or desire to be paired with a specific community, please explain within your attached one-page project concept.) 4.Application ❑ Signed application page Checklist: ❑ One page concept narrative and preliminary budget(1-3 projects)one per page �! o Artist Resume,to include your work in the proposed discipline as well as a concise history of collaborative and site-specific projects if available ' Ji ❑ Work Sample. A high quality work sample of the artlst/organization's work is strongly encouraged. Work samples may be submitted in a variety of standard formats. Please include a separate page detailing title, date, description, participating artists, and applicant role in selected sample(s). ❑ Support Materials, to include articles reviews, sample publicitymaterials, etc. 5.Applicant Signature: Signature: Date: 1/14/08 i I theater simple Proposal #2: THE SNOW QUEEN: Gerda's Journey A spectacular journey through the world and a park Our vision:With a starting point of theater simple's award-winning adaptation of Hans Christian Andersens' THE SNOW QUEEN,we want to explore three particular parks in the King County area through a spectacular storytelling journey. In the story, Gerda must leave home to find her best friend, and discovers the world, a different understanding of herself, and the meaning of love in her travels. We intend to literally take the audience on Gerda's journey as the play moves through the park. With several performance 'areas', there will be'pass-by'spectacle,furthering the storylines, and framing the park itself in new visual and emotional ways for the audience.An immersive experience, it is our hope it will transform how they view THAT particular park. Our target parks are Dottie Harper Park in Burien, Earthworks Park in Kent, and The Carl S. English, Jr. Botanical Garden next to the Hiram Chittenden Locks in Ballard(very exciting,due to Ballard's Scandinavian roots). We have received enthusiastic responses from Ronda Billerbeck of the Kent Arts Commission, Debbie Zemke, Recreation Manager of the Park and Recreation Department in Burien,and have made preliminary contact with the US Army Corps of Engineers at the botanical gardens via the artist liaison Kathy Hsieh at the Seattle Arts Commission. In the story The Snow Queen, Gerda encounters different cultures,different family groupings,dodges devils, talks to animals,and follows the north wind.There is VAST opportunity for various styles of performance—puppetry, dance, music... our minds are bursting with plans and ideas. The creative team includes many of the original Snow Queen team: director, Rachel Katz Carey, composer Jeff Kunins, costumer and sculptor Doris Landolt Black, and the core theater simple ensemble, We are anticipating using up to 8 additional performers(some from the host community)for a variety of populations to help create the world of the play. Technical requirements: Several characters will be working with wireless mics. (That is a new skill set far theater simple, both in acquiring and manipulating the technology.)Our intent is to perform the piece l with sunset in mind, so that in the final moments of the play,we are able to use luminaries/internally lit sculptures in some capacity,and they need some twilight to be seen.This piece will require at least two stage managers. . TARGET AUDIENCES&MARKETING:While this is a family-friendly show, it shouldn't be viewed as a 'kids-only show". Andersens'stories were actually not written for children, but for adults. Those familiar with theater simple shows understand that our scripts are multi-layered, sophisticated and emotionally available to a broad spectrum of viewer. We believe the familiarity of the story will be a draw, as well as the free aspect of the performance. (We , love free!)Additionally, in Kent and Burien, we have already established a relationship with the libraries, I� so there could be publicity generated through the summer reading programs.theater simple is planning on being very active in the publicity and marketing and will provide as much assistance as our community partner will allow. WHEN: July-August 2008, Budget: Development, rehearsal, building, construction, transportation&set-up, permitting and additional insurance, if necessary,for 3 site installations:$17,000.22,000(depending on technology and design elements.) 109 N 58"Street Seattle, WA USA 98103-5807 ph:206,784,8647 e: info@ theatersimple.ora ti x .._ ,.Page 14 A CULTURE KING COUNTY lOOOING TAX 2008 Site-Specific King County Performance Network Application 4Culture F20696.7580 101 Prefontaine Place South, Seattle, WA 98104 7 11 www.4C(ilture.org Deadline: Applications must be received in the office by 4:30 p.m,on January 14, Monday,January 14, 2008 or postmarked by January 14, 2008, 2003 INSTRUCTIONS Read the King County Performance Network guidelines before filling out this form. • Submit one original of the application and artist resume. DO NOT STAPLE;. • Submit one set of required work sample and optional support materials. 1.Applicant Artist/ Ensemble/.Organization Name: Contact Name: Mr. N Ms. ❑ Title:President/Art. Dir. First Name:Cyrus Last Name:Khambatta Address: City: Zip: 5609 34th Ave'SW Seattle 98126 Area Code: 206 Phone:935-0459 1 e-mail:cyrus@PHFFFT.org Area Code: Fax: http://www.PHFFFT.org County Council District Number: 10 THIS IS REQUIRED INFORMATION Call King Co.Records and Elections at(206)296-1581 to verify your Council District or visit httn.,l/www metroktgovhnkcc/distmav-httrr —'"'- 2. Project Please attach one to three ideas or concepts for a site-specific performance or exhibition; Concept(s) Please include a one-page description and a preliminary expense budget for each concept. Additional information such as technical requirements, site availability,and a final project budget will be developed after the review and selection by the sponsoring agencies. For the purpose of this application, please just describe your idea(s)and estimated expenses. S. Project If your proposal has special requirements (which might include technical needs,venue Requirements; restrictions, or the need and/or desire to be paired with a specific community, please explain within your attached one-page project concept.) 4.Application Signed application page Checklist: One page concept narrative and preliminary budget(1-3 projects)one per page Artist Resume,.to include your work in the proposed discipline as well as a concise history /of collaborative and site-specific projects if.available m' Work Sample. A high quality work sample of the artist/organization's work is strongly encouraged. Work samples may be submitted in a variety of standard formats. Please include a separ pa ng title,.date,description, participating artists, and applicant role in select p e(ss) t�Support M r� ' tauda icies, reviews, sample publicity materials, etc. S.Applicant Signature: Signature: �' Date: / The Phffft Dance Theatre Company Proposal for Site Specific Project: Mass Movement Budget Projection INCOME: �t� �� } Earned Income $2000 Unearned Income (4 Culture) $8000 Individuals $ 685 Total income $10,6.85 EXPENSES: Choreographer/Conceptual Fee Z'S Flat fee $1000 Graphic Designer I 1 Grfc Dsnr. Fee @ $500 $ 500 -T. ii Dancers 20 dncrs. @ $10/h,r. x 30 hrs. rehrse. $6000 20 dncrs. Performance fee @ $100/ea. $2000 Equipment Rental @$150/day 3 Porto-Lite + battery paks $ 450 ' Publicity € 100 Posters @ $1/ea. $ 100 1200 cards @ $.25/ea. $ 300 Postal cefL. � Sri Mail 1000 cards @ $.26/ea. $ 260 �— Copying Programs printing (leaflet type)@ $.25 x 300 $ 75 Total Expenses $10,685 � l f I ( i z� CULTURE KING COVNTY LODGING TAX 2008 SitEleel fic King County Performance Network Application 4Culture206 296.7580 101 Prefontaine h,Seattle,WA 98104 TTY 711 www.4Culture.o Deadline: Applications must be received in the office by 4:30 p.m.on .IdttU3ty 74T Monday, January 14, 2008 or postmarked by January 14,2008. 2008 INSTRUCTIONSthe King County Performance Network guidelines before filling out this form. it one original of the application and artist resume.DO NOT STAPLE;. it one set of required work sample and optional support materials. 1.Applicant emble/Organization Name: /vlEWWL1,0A) A Contact Name:Mr.i!I MS ❑ Title First Name: (`ZLf/9r2jZp Last Name: 1�1C�/VI�pAIId� Address: 5,?.4d Pk City: Zip: Area Code: 1%p,SPhone:6,,5q-/o e-mail: ��9�Wl1�lJ uz i eGO�( Area Code: Fax: http:l/WWW.SC6WA 3F'401L,cO County Council District Number: THIS IS REQUIRED INFORMATION Call King Co.Records and Electioris at(206)296.1581 to verify your Council District or visit http•pwww netroka aov/mkccldisimao htm 2. Project Please attach one to three ideas or concepts for a site-specific performance or exhibition; Concept(s) Please include a one-page description and a preliminary expense budget for each concept. Additional information such as technical requirements, site availability,and a final project budget will be developed after the review and selection by the sponsoring agencies. For the purpose of this application,please just describe your ideals)and estimated expenses. 3. Project If your proposal has special requirements(which might include technical needs,venue Requirements: restrictions,or the need and/or desire to be paired with a specific community,please explain within your attached one-page project concept.) i 4.Application Signed application page Checklist: One page concept narrative and preliminary budget(1-3 projects)one per page �I lr Artist Resume,to include your work in the proposed discipline as well as a concise history of collaborative and site-specific projects if available &r"Work Sample. A high quality work sample of the artistlorganization's work is strongly encouraged. Work samples may be submitted in a variety of standard formats. Please include,a separate page detailing title, date,description,participating artists,and applicant role in selected sample(s). Sup ort Materials,to include articles, reviews,sample publicity materials,etc. 5.Applicant Signature: Signature: Date: -1�� 622 South 530 PL-Renton,WA 98055-7994—USA-Phone(425)793-7683-Website:www.showbrazil.com eduardo@showbrazit.com Background Eduardo Mendonca, multitalented Brazilian-American recording artist, producer, vocalist, composer, and musical arranger, was born in Salvador, Bahia, Brazil. Mendon�a traces his lineage to a royal African family bearing the hereditary title of Mama-Beka, prophet of the royal court. His grandfather, Jose Maria de Mendonga, who secretly maintained the Mama-Beka title, is pictured in a rare book, property of the Instituto Geografico e Historico da Bahia, which shows the elder Mendon4a taking part in a crucial meeting discussing the need for freedom and established social rights for Afro-Brazilian former slaves. w Education Master in Arts Education at the instituto de Musica da Universidade Catolica do Salvador (Music Institute of the Catholic University of Salvador). (1980-1984) Collaborations • WOMAD Festival. Performance with Jovino Santos Neto. Redmond, WA (2001) • Seattle City Cantabile Choir. A tribute to Brazil (Vi(la-Lobos) 2000, Musica do Brasil 2001. 2000- present • Urban Rhythm Choir. Christmas Samba (Christmas Concert), Pan-Africa Concert. 1995- 2003 • Arranged and conducted, and recorded Brazilian songs to the Pacific Children's Choir for the performances of Circle the World) in 2000. • Music and included in Janis Mann CD - A Little Moonlight "1997". Janis Mann is a jazz musician, Bellevue resident. • Recorded music and included in Kofi Anang's CD "1995". Musician Kofi Anang is an African musician, born in Ghana. j • Percussionist for a series of workshops in Elementary schools by dancers from Alvin Ailey American Dance Theater sponsored by Meany Halt for Performing Arts of University of Washington. Seattle, WA 1995 i Selected Performances • Opening for All-Star 2001 Pre-Game Ceremony at Safeco Field. Seattle, WA (2001) • Performed as feature musician in command performance for Brazilian President Joao Baptista Figueiredo. Bahia Brazil (1989) ij • Performance for the former South Africa President Nelson Mandela. Seattle, WA - USA (1999) it • Performed as feature musician in command performance for Pope John Paul If. Bahia Brazil (1991) • Performed in trios eletricos (brightly lit mobile soundstages for festivals and public dancing) with artists such as Dengo da Bahia, Papa Leguas, and Marcos Medrado (1980-1990) Toured in Brazil, United States, and Canada as vocalist and percussionist with the folkloric troupe, h4, Exa(taq6o b Bahia. (1979-1992) Was featured in Paul Simon's documentary music video, "Born at the Right Time", which took place in Salvador, Bahia - Brazil (1991) ii - - a i -Page22 EXHIBIT C INSURANCE REQUIREMENTS Contractor shall procure, at its sole cost and expense, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with the performance of work hereunder by the Contractor, his agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Contractor or subcontractors. For All Coverages: Each insurance policy shall be written on an "Occurrence"form. The Minimum Scope of Insurance needed for this contract is as follows: ® Commercial General Liability Insurance Services Office form number(CG 00 01 Ed. 11-88)—Minimum Combined Single Limit of$1.000,000 BI & PD with a General Aggregate per project 1. Deductibles and Self Insured Retentions. Any deductibles or self-insured retentions must be declared to, and approved by 4Culture. The deductible and/or self-insured retention of the policies shall not apply to the Contractor's liability to 4Culture and shall be the sole responsibility of the Contractor. 2. Other Insurance Provisions A. The insurance policies are to contain, or be endorsed to contain, the following provisions: (a) General Liability Policies (1)4Culture, its officers, employees and agents are to be covered as primary additional insured as respects liability arising out of activities performed by or on behalf of the Contractor in connection with this Agreement. (2) To the extent of the Contractor's negligence, the Contractor's insurance coverage shall be primary insurance as respects 4Culture, its officers, employees, and agents. Any insurance and/or self-insurance maintained by 4Culture, its officers, employees, or agents shall not contribute with the Contractor's insurance or benefit the Contractor in any way. (3)The Contractor's insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. (b)All Policies (1) Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except as reduced in aggregate by paid claims, at any point during the life of this contract. 3. Acceptability of Insurers Unless otherwise approved in writing by 4Culture, insurance is to be placed with insurers with a Best's rating of no less than A: VII I, or, if not rated with Bests, with minimum surpluses the Equivalent of Bests' surplus size VII I. 4. Verification of Coverage Unless otherwise approved in writing by 4Culture, Contractor shall furnish 4Culture with certificate(s) of insurance evidencing compliance with requirements set forth above, which certificate(s) shall provide that no material change, or cancellation or nonrenewal of policies referred to herein shall occur without thirty (30) days' priorwritten notice to 4Culture. Insurance Authority P.O. Box 88030 lhkwila, WA 98138 19-Jun-08 Cert#: 5687 Phone: 206-575-6046 4Culture Attn: Bret Fetzer Fax: 206-575-7426 101 Prefontaine PL South Seattle,WA 98104 RE: City of Kent Grant awarded to Cultural Programs Division for 2008 arts programming. Evidence of Coverage The above captioned entity is a member of the Washington Cities Insurance Authority (WCIA),which is a self insured pool of over 123 municipal corporations.in the State of Washington. WCIA has at least$1 million per occurrence combined single limit of liability coverage in its self insured layer that may be applicable in the event an incident occurs that is deemed to be attributed to the negligence of the member. WCIA is an Interlocal Agreement among municipalities and liability is completely self funded by the membership. As there is no insurance policy involved and WCIA is not an insurance company,your organization cannot be named as an "additional insured". Sincerely, Eric B. Larson Deputy Director cc: Christopher Hills Ronda Billerbecic, City of Kent cletter Page 24 This page intentionally left blank. Page 25 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 • Fax: 253-856-6050 KENT Address: 220 Fourth Avenue S. WASH IN G T°N Kent, WA. 98032-5895 DATE: November 20, 2008 FROM: Jeff Watling, Director of Parks, Recreation and Community Services, John Hodgson, City Administrative Officer SUBJECT: Aukeen Court Expansion Project Agreement - Authorize I I i MOTION: Move to recommend authorizing the Mayor sign the agreement with David Clark Architects PLLC, in the amount of $669,227.00 for design, bidding and construction services at Aukeen Court, subject to final terms and conditions acceptable to the City Attorney. SUMMARY: As designated in the first agreement with David Clark Architects, the initial stages of the Aukeen Court Expansion Project are complete, specifically schematic design and budget development. The current agreement completes the design, bidding and construction segment of the project. EXHIBITS: AIA Agreement BUDGET IMPACT: Budgeted I Page 26 This page intentionally left blank. Page 27 / �� Document B101TM — 2007 Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the day of in the year 2008 (fit words, indicate day,month and year) BETWEEN the Architect's client identified as the Owner: (Name, address and other information) City of Kent ! 220 Fourth Avenue South This document has important Kent WA 98032 legal consequences, Consultation with an attorney is encouraged with respect to Its completion or modification. and the Architect: (Marne, address and other ittformatiot) DavidA Clark Architects,PLLC 33017 134ih Ave SE Auburn WA 98092-8519 253 351-8877 office 253 804-6566fax for the following Project: j (Name, location and detailed description) Kent➢istrict Court.Addition &Renovation, 1210 South Central ILent WA 98032. The I ,project consists of the addition of 3 courtrooms office space and general renovation of existing office space and lobby areas as shown on the preliminary plans dated 5/22/08 and a new 71 car parking lot. I The Owner and Architect agree as follows. [nit AIA Document 131(11TM—2007 tiermerly 19151m-19B7).Copyright@ 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S,copyright Law and Internallenal Traaties.Unauthorized reproduction or distribution of 1 this Ale Document,or any poltlerl of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible l under the IPW.This documonivrm produced by AIA software at 09:58:17 on 11/05/2008 under Order No.1000302407_1 which expires on 7/2 412 0 0 9,and Is not for resale. User Notes: (3549990206) Page 28 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 8 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 8 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT EXHIBIT A INITIAL INFORMATION ARTICLE 1 INITIAL INFORMATION §1.1 This Agreement is based on the Initial Information set forth in this Article 1 and in optional Exhibit A,initial Information: (Complete EshibitA,Initial In formation, and incorporate it hho theAgreement at Section 13.2, or state below j Initial Irtpornlation such as details of the Project's site and prograrn, Owner's contractors and consultants, '.. Arrhitect's consultants, Owner's budget for the Cost of the Work,authorized representatives,anticipated procurement method,and other information relevant to the Project.) As indicated in Exhibit A §-4.2-The-Owner's-anticipated dmas for emmeneemenEe€sensiru Fare ,2--Suttstantial-Oompletiea lots•- §1.3 The Owner and Architect may rely on the eognize4hatsue � informaliett41nty -. rar teci¢lly �-a:,�s :��:a. . « n�.�,.�0...�..,..,..,...a s� ,spprnpriately-adjtuMk+e 4' �e;,,!, +._".W.__°----.---- —a th�,9aien.Information.. AIA Document B101Ta-2007�fmmmly B151--1997).Copyright 01974,1978,1987,1997 and 2007 by The American Institute of Archltecls.All rights Init. reserved.WABNINC:This AM Document is protected by US.Copyright Law and International Treaties.Unauthorized reproduction or distribution of 2 this AIA"Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible / under the law.This document was produced by AIA software at 09:68:17 on 11/05/2008 under Order Ne.1000362467_1 which expires on 7124/2009,and is not for resale. User Notes: (3549993206) Page 29 III, ARTICLE 2 ARCHITECT'S RESPONSIBILITIES §2.1 The Architect shall provide the professional services as set forth in this Agreement. §2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar lucidity 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 shalt not engage i❑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. §2.5 The Architect shall maim mt.If any of the requirements-set 'e.«ti.ti,^,.... ^^^a'w',.res_an y._.^'«"'•�,'z,.n"""�" r'all reimburse-On V� :arocure and maintain for the duration of the Agreement.insurance of the types and in the amounts descrihcd in Exhibit E attached and incorporated by this reference. Certificates and endorsements shall be provided as set out in Exhibit E. (IdenI6 types and limits of insurance coverage,and other insurance requirements applicable to the Agreement, tf any.) .1 Pestered Liability .9�llfluBm m:ie Liability III ,4 PCBf@sSta}lalEiabilit), ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES §3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary structural,mechanical,and electrical engineering ''-^�:iraervices including an ASCE 31 Tier 1.and 2 structural seismic analysis of the orildnal structure.Services not set forth in Article 3 are Additional Services. §3.1.1 The Architect shall manage the Architect's services,consult with the Owner,research applicable design criteria,attend Project meetings,communicate with members of the Project team and reportprogress to the Owner. I I §3.1.2 The s the-Own ess ^sisteney in -bish ^uViees ar infor;fftice^...Owner. on its own or through other consultants or agents will perform design or other preconstruction work outside the scone of Afchifeet's services on this project A description of the scope of work to he performed by those other consultants contractors or agents (collectively, the 'listed consultants") together with contact information for those listed consultants known ut the time of drafting this Agreement is attached as Exhibit F. The Owner will supplement this list with sneeifie contact information as it hires other listed consultants. AIA Document B101Tu—2007 Varmeriy 13151TM—1097).Copyright@ 1974,1978,1987,1097 and 2007 by The American Institute of Architects.All rights IDIt. reserved.WARNING;This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of 3 this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 09:58:17 on 11)05r2008 under Order No.1000362467_l which expires an 7/24/2009.and Is not for resale. 3549998206) User Notes: ( Page 30 The Architect shall cooperate with and coordinate the Architect's work with all other listed consultants. _The Architect represents and the Owner relies upon the Architect's representation that it will communicate and coordinate with the listed consultants throughout proiect design to assure that the Architect's work comprises Part of an integrated design that will function correctly and as planned.when constructed by the Owner. '... The Architect is not a guarantor of the other listed consultant's work but the Architect does have a duty to inform itself fully of the other listed consultant's designs in order to create a successfully integrated proiect. If the Architect determines that the work of any other listed consultant will not coordinate with the Architect's design or work or Chat the other fisted consultant's design or work will obstruct or interfere with a final, integrated and successful proiect design the Architect will immediately inform the Owner of this conflict The Owner will resolve any disagreements that may arise among the Architect and listed consultants over the method,design, or order of doing j Project work The Owner's decision on these matters will be final The coordination of the work shall be taken into account b the he Architect and any resulting costs shall be incidental and included within this Agreement. §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 setforth in the Initial Information. The schedule shall include allowances for periods of time required for the Owner's review,for the performance of the Owner's consultants,and for approval of submissions by authorities having jurisdiction over the Project.Once approved by the Owner,time limits established by the schedule shall not,except for reasonable cause,be exceeded by the Architect or Owner.With the Owner's approval,the Architect shall adjust the schedule,if necessary as the Project proceeds until the commencement of construction. §VA The Architect shall not be responsible for all Owner's directive or substitution made without the Architect's approval, §3.1.5 The Architect shall,at appropriate times,contact the governmental authorities required to approve the Construction Documents and the entities providing utility services to the Project.In designing the Project,the Architect shall respond to applicable design requirements imposed by such governmental authorities and by such entities providing utility services. §3.1.6 The Arcldtect 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 e The n_,hikwt_hell f&yiew the -progr�€eriilatiend'iirn: :lions-apple-feWeet=s-seMees: §41.-_The Architect shall 1• , eyalu ,.t of the Owner's «,.,.,.am„ehe4ul badJge«seethe-CieA „c.,,...xr��_y_�,,a. u,...ject-site, r0pesedprocur enfer ..-delivery-meth6 d-and other 14litiall Iffforrinnion,iakeh in .,f the all.e.• t........eH..:,,fA .. r the Proje-t Th t shall Ratify.Y, «of/1\.... term, e-requ.r-::cn..,c__.___ _ _. ___e-Ar'ehNe�-.,�,,.e�wne,-�aoT reasennbly-aeeded-fan-thePProjecf P a The n..�:,e.,�. li_P• ;;t ts-pr nand Shaill diNAIMs with thC-Owatef akernatiym approaches toesign�xide�strTletion.o€t}1 Orating , ia:ao_:;.mentall;�-nr;I�O9ign-apprOaeho . -A-ahiReg shall reach regardinto&+egaireatent"f4be-PmjeeE �--- - V c a o e flast,l ou the n_..:e„t.. upon..:th the the Owner's .*al a.,..,.u:�:.rm,y,-desif;ar3kO6kraHag-Ehe�cale-and c�atie•..,.:-- -f''1�pre+jecreempenenk� AIA Document 81017M-2007 formerly B1511a-1997).eopyrlght©1974,1978,1987,199'7 and 2007 by The American Institute of Architects.All rights toll• reserved.WARNING:This AIA' Document is protected by U,S.Copyright Low and Inlernalur ml Treaties.Unauthorized reproduction or distribution of 4 this Ale Document,or any portion of it,may result m 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 09:68c17 on 11,05/2008 under Order No.1000362467_4 which expires on 712412009,and Is not for resale. 354999a208) User Notes: ( Page 31 §�!e S➢vi.�-onset-van-aeti on p -.,Val of the prohinififfy design,the A rchi«e..«shall p pare C. fttie Design Doommems-fir-the Owner4 app...'.. , 'rr..,o„l.e..,,..iC.Dt lr. Doe . documents meluding a site ..c..t..d. -^edel l.ete.he.. o"igital modeling. f i joe-bait hall-be-noted on the a_...:__ or deeieribe,in writing. Rae 54 The Asahi«e..«.4rall-consid.; -_.:.............«,.n. ..e,...,,..,.:t.le,le..•en-alterna' eiees and building otriontagan, elhw. with n her-eansildera esign cliff nt'A'Uh the Owner's fhograin,seliedule and budget for tire Cost of the W�rk.The Ownef may ablaila athef envirextn hh design services_.•_'er,44iele"4, § c o The A vebi.eet.r.,.rl e nsides�the-value a f .lt,.. unti_..,...,.«e..:..1.. 1...•ldi,g......«.....s and equipment, ..gea.ef m44 other considerations-bused ping a design fef the n.,.i.elzth„ is consists . with the-Owner's-pragaa-o se&hedula end-budgeEfe•'the Cost-�s - e-'- "�` rodE. R99CTt.e A... Cost Of the xil.._1.t. �t,�„-x,.e,-.nh[teeE-sh estimate-a€�Fhe �repute Section .T e 3,2.7 The Architect approval-. §3.3 DESIGN DEVELOPMENT PHASE SERVICES §3.3.1 Based on the Owner's approval of the Schematic Design Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Design Development Documents for the Owner's approval.The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans,sections,elevations,typical construction details,and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural,structural,mechanical and electrical systems,and such other elements as may be appropriate.The Design.Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. §3.3.2 The Architect shall update the estimate of the Cost of the Work. §3.3.3 The Architect shall submit the Design Development documents to the Owner,advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner's approval. §3.4 CONSTRUCTION DOCUMENTS PHASE SERVICES §3.4.1 Based on the Owner's approval of the Design Development Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner's approval.The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work.The Owner and Architect acknowledge that in order to construct the Work the Contractor will provide additional information,including Shop Drawings,Product Data,Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. §3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental authorities having jurisdiction over the Project. §3.4.3 During the development of the Construction Documents,the Architect shall assist the Owner in the development and preparation of(1)bidding and procurement information that describes the time,place and conditions of bidding,including bidding or proposal forms;(2)the form of agreement between the Owner and Contractor;and(3)the Conditions of the Contact 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 update the estimate for the Cost of the Work. I AIA Document S1011s-2007`formerly wsl1 I9971.Copyright®1s74,i97B,1987,1907 and 2007 by The American Instiale of Architects.All rights Intl. reserved.WARNING:This AIAi Document Is protected by U.S.Copyright Low and International Treaties.Unauthorized reproduction or distribution of 5 this AIO Document,er any Portion of It.may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 09.58d7 on 11/05/2008 undue Order N0.1000382467_i which expires on 7/24,2009,and Is nut for waste. User Notes: (3549998206) i Page 32 i §3.4.5 The Architect shall suhmit the Construction Documents to the Owner,advise the Owner of any adjustments to the estimate of the Cost of the.Work,take any action required under Section 6.5,and request the Owner's approval. §3.5 BIDDING OR NEGOTIATION PHASE SERVICES §3.5.1 GENERAL The AvAbifent shall aggist-the-Owrier-in establishing a list Following the Owner's approval of the Construction Documents, the Architect shall assist the Owner in(1)obtaining eit eE mripetiti:e �pes¢ls•,-competitive bids:(2)confirming responsiveness of bids or proposals;(3)determining the successful bid or proposal,if any;and, (4)awarding and preparing contracts for construction, §3.5.2 COMPETITIVE BIDDING §3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. §3.5.2.2 The Architect shall assist the Owner in bidding the Project by .1 procuring the reproduction of Bidding Documents for distribution to prospective bidders; .2 distributing the Bidding Documents to prospective bidders,requesting their return upon completion of the bidding process,and maintaining a log of distribution and retrieval and of the amounts of deposits,if any,received from and returned to prospective bidders; .3 organizing and conducting a pre-bid conference for prospective bidders; .4 preparing responses to questions from prospective bidders and providing Clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda;and .5 organizing and conducting the opening of the bids,and subsequently documenting and distributing the bidding results,as directed by the Owner. L. §3.5.2.3 The Architect shall consider requests for substitutions,if the Bidding Documents permit substitutions,and '.. shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. c 3.5 a NEGOTl Arran oonencAi c R R?a n_....., 11 DOE.:_e..N shall �traC-EBBC83HeHt& .'§-3-a-3-2, ho-,4rohitec[-skulk-assisEthv-Owner-in nbtainingprepestds-by ,--pre mien-te-ptespe22ive-eonnactors�nd retiues}ittg-their-return-up '��"'�:egetiatien-prcteesss -2 eegaaiaing and pardeipa 'ng ia ��;i :�:-pr ,eetive-eentiaeter's-end ,3—paF ieipating in-rtegt3tiations-vt`iNrprespec«c..s, n.;a rs�and-subsequenuflytfePa6ag-a-stmanary reperEe€the-aegotiatien-result ,-oby:'.:�^'.:.ter. 4 the ec::::e-.�rer'lait-6utistitfHiens�:u3d cute-a provedsubetiHuians-te-a0-prospective..a naelso. §3.6 CONSTRUCTION PHASE SERVICES §3.6.1 GENERAL §3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201TM-2007,General Conditions of the Contract for Construction.If the Owner and Contractor modify ATA Document A201-2007,those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement §3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services.The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement.The Architect shall not have control over,charge of,or responsibility for the construction means,methods,techniques, sequences or procedures,or for safety precautions and programs in connection with the Work,nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect shall be responsible for the Architect's negligent acts or omissions,but shall not AIA Document 8101w-2007 formerly8151m-1997).Copyright©1974,1978,1987,1997 and 2007 by The American lnslltute of Architects.All rights Intl reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or disftlbuten of t AIAa Document,or any porti on of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible 6 his j J under the law.This document was produced by AIA software at 09:58;17 on 11Po5l2008 Under Order Ne.1000362487_1 which expires on 7/2412 0 0 9,and Is not for rosalo. User Notes: (3549998205) Page 33 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 4.3,the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract fox Construction and terminates on the date the Architect issues the final Certificate for Payment. ', §3,6,2 EVALUATIONS OF THE WORK §3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction,or as otherwise required in Section 4.3.3,to become generally familiar with the progress and quality of the portion of the Work completed,and to determine,in general,if the Work observed is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents.However,the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits,the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed,and report to the Owner(1)known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor,and(2)defects and deficiencies observed in the Work. §3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents.Whenever', the Architect considers it necessary or advisable,the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents,whether or not such Work is j fabricated,installed or completed.However,neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor,Subcontractors, material and equipment suppliers,their agents or employees or other persons or entities performing portions of the Work. §3.6.2.3 The Architect shall interpret and decide matters concerning performaum 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 A201-2007,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.Tile Architect's certification for payment shall constitute a representation to the Owner,based on the - - Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's Application for Payment,that,to the best of the Architect's knowledge,information and belief,the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject(1)to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,(2)to results of subsequent tests andinspeciions,(3)to correction of minor deviations from the Contract Documents prior to completion,and(4)to specific qualifications expressed by the Architect. §3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has(1)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work,(2)reviewed construction means,methods,techniques,sequences or procedures, (3)reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to AIA Document B101Ta—2007 tormeny B151 TM�-1997).Copyright 9 1974,1078,1987,1997 and 2007 by The American Institute of Architects.All rights Init. reserved.WARNING:This AIA document Is protected by U.S.copyright Law and International Treaties.Unauthorized reproduction or distribution of 7 this AIAo Document,or any portion of It,may tesult in severe civil and criminal penalties,and will be proseouted to the maximum extent possible 1 under the law.This document was produced by AIA sollware at 09:50:17 on 1 1/0 52 0 0 8 under Order No.1000362467 1 which expires on 712412009,and is not for resale. User Notes: (3549996206) Page 34 payment,or(4)ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. §3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. '.. §3.6.4 SUBMITTALS §3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval.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. §3.6.4.2In accordance with the Architect-approved submittal schedule,the Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings,Product Data and Samples, but only-for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents,Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities,and installation or performance of equipment or systems,which are the Contractor's responsibility.The Architect's review shall not constitute approval of safety precautions or,unless otherwise specifically stated by the Architect,of any construction means,methods, techniques,sequences or procedures.The Architect's approval of a specific item shall not indicate approval of art assembly of which the item is a component. §3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems,materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy.The Architect shall review shop '.. drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor that bear such professional's seal and signature when submitted to the Architect.The Architect shall be entitled to rely upon the adequacy,accuracy and completeness of the services,certifications and approvals performed or provided by such design professionals. li §3.6.4.4 Subject to the provisions of Section 4.3,the Architect shall review and respond to requests for information about the Contract Documents.The Architect shall set forth iu 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 shallbe made in writing within any time limits agreed upon,or otherwise with reasonable promptness.If appropriate,the Architect shall prepare and issue supplemental.Drawings and '.. Specifications in response to requests for information. §3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. §3.6.5 CHANGES IN THE WORK §3.6.5.1 The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time.Subject to the provisions of Section 4.3,the Architect shall prepare Change Orders turd 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. lit §3.6.6 PROJECT COMPLETION §3.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion;issue Certificates of Substantial Completion;receive from the Contractor and forward to the Owner,forthe Owner's review and records,written warranties and related documents required by the Contract Documents and assembled by the Contractor;and issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. AIA Document 8101 Te-2007 Vormady at 51TM-1997).Copyright O 1974,1978,1087,1997 and 2007 by The American Institute of Architects.All rights , Init. reserved.WARNING:This AIA Document Is protected by U.S.Copyright Law and Intornationai Trestles,Unauthorized reproduction or distribution of 6 this AIAo Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible J under the law.This document was produced by AIA software at 09:58:17 on 1110V2008 under Order No.1000362467_1 which expires on 7l24P2009,and is not for resale. User Notes: (3549996206) Page 35 §16.62 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 the Work is found to be substantially complete,the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor,including the amount to be retained from the Contract Sum,if any,for final completion or correction of the Work. §3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties,if any,to reduction in or partial release of relainage or the making of final payment; (2) affidavits,receipts,releases and waivers of liens or bonds indemnifying the Owner against liens;and(3)any other documentafionrequired of the Contractor under the Contract Documents. §3.6.6.5 Upon request of the Owner,and prior to the expiration of one year from the date of Substantial Completion, '.. the Architect shall,without additional compensation,conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 ADDITIONAL SERVICES §4.1 Additional Services listed below are not included in Basic Services but may be required for the Project.The Architect shall provide the listed Additional Services only if specifically designated in the table below as the Architect's pongibility,afeed the Owne"hall earnpea8die the Architec . .resoonsibility. (Designate the Additional Services the Architect shall provide in the second column of the table below.In the third column indicate whether the service description is located in Section 4.2 or in an attached exhibit.If in an exhibit, Identify the exhibit.) Additional Services Responsibility Location of Service Descrlptlon (Architect, Owner (Section 4.2 below or in an exhibit or attached to this document and Not Provided) idenii led below) §4.1.1 Programming Not Provided §4.1.2 Multiple preliminary designs Not Provided 4.1.3 Measured drawings Not Provided §4.1.4 Existing facilities surveys Not Provided 4.1.5 Site Evaluation and Planning(D203'Ta-2007) Not Provided 4.1.6 Building information modeling Not provided §4A.7 Civil engineering Architect _§4.1.8 Landscape desi Architect §4.1.9 Amhitecmral Interior Design 25Z'M--2007) Architect _ 4.1.10 Value Analysis II204TM 2007) Not Provided 4.1.11 Detailed cost estimating Not Provided 4.1.12 On-site projectrepresentation Not Provided 4.1.13 Conformed construction documents Not Provided §4.1.14 As-designed record drawings Architect §4.1.15 As-constructed record drawings _Not Provided 4.1.16 Post occupancy evaluation Not Provided 4.1.17 Facilil Su art Services(B210TM-2007) Not Provided 4.1.18 Tenant-related services Owner §4.1,19 Coordination of Owner's consultants Architect 4.1.20 Telecommunications/data design Architect §4.1.21 Security Evaluation and Planning(B206TM— Not Provided 2007) §4.1.22 Commissionin (B2llTM-2007) Owner 4.1.23 Extensive environmentally responsible desi n Not Provided 4.124 LEED'Certification(B214TM-2007) Not Provided §4A25 Fast-track design services NotPmvided 4.1.26 1-Iistoric Preservation(B205TM-2007) Not Provided AIA Document Biafra-2007 formerly 6181TM-1007),Copyright 01974,1978,1987,1097 and 2007 by The American Institute of Architects.All rights - INIt. reserved.WARNING:This AIA Document is protected by U.S,Copyright Law and International Treaties.Unauthorized reproduction or distribution of 9 this AIA'Document,or any portion M it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible i under the law.This document was produced by AIA software at 09:58:17 on I U0512008 under Order No.1000362467_l which expires on 712412009,and is not for resale,User Notes: (3549996206 ) Page 36 §4.1,27 Furniture,Finisbings,and Equipment Design Owner (E253T1,1-2007) _ 4128 Survey Owner 4.1 29 Soils Engineering Owner 4130 Evaluation of existingllVAC Owner 4.1.31 Commissioning Owner 4.1 32 Construction Security Owner 4 1 33 ASCE 31 Tier I and 2 structural evaluation Architect 4.1.34 Traffic Stud Owner §4.2Insert a description of each Additional Service designated in Section 41 as the Architect's responsibility,if not further described in an exhibit attached to this document. Architect shall provide Civil landscape interiors data design in the base fee and shall coordinate the Owner's consultants as required at no additional charge. §4.3 Additional Services may be provided after execution of this Agreement,without invalidating the Agreement. 'i Except for services required due to the fault of the Architect,any Additional Services provided in accordance with this Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. §4.3.1 Upon recognizing the need to perform the following Additional Services,the Architect shall notify the Owner ., with reasonable promptness and explain the facts and circumstances giving rise to the need.The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information,previous instructions or approvals given by the Owner,or a material change in the Project including,but not limited to,size,quality, complexity, the Owner's schedule orbudget for Cost of the Work,or procurement or delivery method; .2 Services necessitated by the Owner's request for extensive environmentally responsible design alternatives,such as unique system designs,in-depth material research,energy modeling,or LEED© certification; .3 Changing or editing previously prepared TnahTunents of Service necessitated by the enactment or, revision of codes,laws or regulations or official interpretations; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure lit of performance on the part of the Owner or the Owner's consultants or contractors; .5 Preparing digital data for transmission to the Owner's consultants and contractors,or to other Owner authorized recipients; j .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for,and attendance at,a public presentation,meeting or hearing; .8 Preparation for,and attendance at a dispute resolution proceeding or legal proceeding,except where the Architect is party thereto; ,9 Evaluation of the qualifications of bidders or persons providing proposals; .10 Consultation concenning replacement of Work resulting from fire or other cause during construction; or ,11 Assistance to the Initial Decision Maker,if other than the Architect. I §4.3.2 To avoid delay in the Construction Phase,the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness,and explain the facts and circumstances giving rise to the need.If the Owner subsequently determines that all or parts of those services arc not required,the Owner shall give prompt written notice to the Architect,and the Owner shall have no further obligation to compensate the Architect for those services: 9 Reviewing a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; .2 Responding to the Contractor's requests for information that are not prepared in accordance with the i Contract Documents or where such information is available to the Contractor from a careful study AIA Document B1017u-2007 formerly B161TM-1997).Copyright co1974,1978,1987,1997 and 2007 by The American Imalluto of Architects.All rights Intl. reserved.WARNING:This AIA Document Is protected by U.S.copyright Law and International Treaties.Unauthorized reproduction or distribution of 10 this Al a Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible 1 under the law.This document was produced by AIA software at 09:58:17 on 11/05/2008 under Order No.100000240Ll which expires on 7/24/2009,and is not for resale. User Notes: (3549998206) I i Page 37 and comparison of the Contract Documents,field conditions,other Owner-provided information, Contractor-prepared coordination drawings,or prior Project correspondence or documentation; .3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor's proposals and supporting data,or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker; .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom;or .6 To the extent the Architect's Basic Services are affected,providing Construction Phase Services 60 days after(1)the date of Substantial Completion of the Work or(2)the anticipated date of Substantial Completion identified in Initial information,whichever is earlier. §-0,3.3-ThedMf�k�'avid�O g-th 'ttonal �, &efvje@6—.Whet 1P limits bulsio,-If,-fammfied,the Arehit et shall notify(he owner.- 4 ( )reviews of each Shop Drawing,Pfedue�Data item,saalple and similm sobilatitlial of the E:flHH'aEtr3f -2 r i visits t the site by the ,rue a,y-tin s.he-Project during can taue6ira � :3 6ub;,tantially-c uirom � I +1 inspections fer Ray portion of-fl §4.3.4If the services covered by this Agreement have not been completed within Thrty( 30 )months of the date of this Agreement,through no fault of the Architect,extension of the Architect's services beyond that time shall be compensated as Additional Services. I ARTICLE 5 OWNER'S RESPONSIBILITIES §5.1 Unless otherwise provided far 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, I expandability,special equipment,systems and site requirements,-`.l."lily 15 days firomth and_ele:fair for the ".r:' ifeet to evaluate,give notice efor-enfmee4ierr-dght� §5.2 The Owner shall establish and periodically update the Owner's budgetfor the Project,including(1)the budget for the Cost of the Work as defined in Section 6.1;(2)the Owner's other costs;and,(3)reasonable contingencies related to all of these costs.If the Owner significantly increases or decreases the Owner's budgetfor 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 Pr'oject's scope and quality, §6.3 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. §5.4 The Owner shall furnish surveys to describe physical characteristics,legal limitations and utility locations for the site of the Project,and a written legal description of the site.The surveys and legal information shall include,as applicable,grades and lines of streets,alleys,pavements and adjoining property and structums;designated wetlands; adjacent drainage;rights-of-way,restrictions,easements,encroachments,zoning,deed restrictions,boundaries and contours of the site;locations,dimensions and necessary data with respect to existing buildings,other improvements '.. and trees;and information concerning available utility services and lines,both public and private,above and below grade,including inverts and depths.de the where known.All the information on the survey shall be referenced to a Project benchmark. § 5.5 The Owner shall furnish services of geotechrucal engineers,which may include but are not limited to test borings,test pits,determinations of soil bearing values,percolation tests,evaluations ofhazardous materials,seismic evaluation,ground corrosion tests and resistivity tests,including necessary operations for anticipating subsoil conditions,with written reports and appropriate reeonnnendations. AIA Document B701m-2007 lormarly B151 W—1997).Copyright B 1974,1978,1987,1097 and 2007 by The American Insillute of Architects.All rights [nit' reserved.WARNING:This AIAV Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or dislributten of 11 this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosocutod to the maxim].extant possible / undor the law.This document was produced by AIA software at 09:55:17 on 11/u5/2on8 under Order No.1000362467_l which expires on 7/24l2009,end ie not for resale. User Notes: (354BB08206) Page 38I� §5.6 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. ; Upon the Architect's request,the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants.The Owner shall furnish the services of consultants other than those designated in this Agreement,or authorize the Architect to furnish them as an Additional Service,when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Projeet..-Project and approved by the Owner.The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. §5.7 The Owner shall furnish tests,inspections and reports required by law or the Contract Documents,such as structural,mechanical,and chemical tests,tests for air and water pollution,and tests for hazardous materials. §5.8 The Owner shall furnish all legal,insurance and accounting services,including auditing services,that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. §5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project,including errors,omissions or inconsistencies in the Architect's instruments of Service. §5.10 Except as otherwise provided in this Agreement,or when direct communications have been specially 'I, authorized,the Owner%hall endeavor to communicate with the Contractor and the Architect's consultants through the Architect about matters arising out of or relating to the Contract Doctunents,The Owner shall promptly notify the Architect of any direct communications that may affect the Architect's services. §5.11 Before executing the Contract.for Construction,the Owner shall coordinate the Architect's duties and lit 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. §5.12 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK §6.1 For purposes of this Agreement,the Cost of the Work shall be the total cost to the Owner to construct all t elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, overhead andprofit.The Lost of the Work does notinclude the compensation of the Architect,the costs of the land, rights-of-way,financing,contingencies for changes in the Work or other costs that are the responsibility of the Owner. §6.2 The Owner's budget for the Cos[of the Work is provided in Initial Information,and maybe adjusted � throughout the Pioj ect as required under Sections 5.2,6.4 and 6.5,Evaluations of the Owner's budget for the Cost of the Work,the preliminary estimate of the.Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect,represent the Architect's judgment as a design professional,it is recognized,however,that neither the Architect nor the Owner has control over the cost of labor,materials or equipment;the Contractor's methods of detennvling 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. §6.3In preparing estimates of the Cost of Work,the Architect shall be permitted to include contingencies for design,bidding and price escalation;to determine what materials,equipment,component systems and types of construction are to be included in the Contract Documents;to make reasonable adjustments in the program and scope of the Project;and to include in the Contract Documents alternate bids us may be necessary to adjust die estimated Cost of the Work to meet the Owner's budget for the Cost of the Work.The Architect's estimate of the Cost of the Work shall be based on current area,volume or similar conceptual estimating techniques.If the Owner requests detailed cost estimating services,the Architect shall provide such services as an Additional Service under Article 4. §6.4If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits [he Construction Documents to the Owner,through no fault of the Architect,the Owner's budget for the Cost of the AIA Document M17m-2007 formerly at 51TM-19971.copyright @ 1974,1978,1987,1097 and 2007 by The American Institute of Architects.All rights Init. reserved.WARNING:This AIA Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of 12 this AIA"Document,or any Portion at It;may result in severe civil and criminal penalties,and will be prosecuted to lire maximum extent possible / under the law.This documentwas produced by AIA software at 09:58:17 on 1110 5/2 0 0 6 under Order No.1000362467_i which expires on 712412009,and Is not for resale. (3549998206) User Notes; j Page 39 Work shall be adjusted to reflect changes in the general level of prices in the applicable construction marko6indush'y if any. §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. §6.1 if the Owner chooses to proceed under Section 6.6.4,the Architect,without additional compensation,shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services,or the budget as adjusted under Section 6.6.1.The Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES §7.1 The Architect and the Owner warrant that in transmitting Instruments of Service,or any other infoimation,the transmitting party is the copyright owner of such information or has permission fiom the copyright owner to transmit such information for its use on the Project,If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. §7.2 Tie-Afe ' Mice. . f„_ nfa llants,.,.all-be-fi....med."a.,. ,he-fuAb.,..Abo owners.r^�:d owners a f«`..''..6 Bstive hua+em&ms-o,f4Sc1-vicc,including Nie r,..aw....s red c..ecifi.. ,ie d_i..t.... ineludiitg-^pyrigh{s�ubmissioti-eminent. .....m__:cffic°c_ .,�-_tee._..,,-___.._._e-- regula{cry-re;tlydleiflertte-er-fer-sib.. ,..:ten conotectio the project i not to be,...a6ifaed as publ � ilt,_re�� 'bl. f 6 A 6:«....«....d«1... M...lil«a..«f"•.ten,nlfnrt� '',.. Drawings specifications and other documents including those in electronic form prepared by the Architect and the ',... Architect's consultants are Instruments of Service for use with respect to this Project. Original document.%. drawings,designs,.reports or any other developed or created under this Agreement shall belong to and become the pronerty of the Owner. All records submitted the Owner to the Architect will he safcguaxded by the Architect. Architect shall make such data documents and files available to the Owner upon the Owner's request. The Owner's use or reuse of any of the documents data and files created by Architect for this pi'oiectbv ImVone '. other than Architect on any ther project shall be without liability or legaal osure to Architect Architect further acknowledges fit tit Owner is a public agency,subiect to the public disclosure laws of the State of Washington Should a public records request be received requesting a copy of the Architect's Instruments of Service Owner must make these records available to that requesting party ARTICLE 6 CLAIMS AND DISPUTES npflexelusive4teen-se-IR,ne- 0 —,nlamunaar�«-rmca..g and-adding-t9_Fb&P S all sumsunder this A......,,..en. The-ATchiteetsh lll-H IGeases front ffi . Ambite,.«. �'.6 ^pir5lll{an. .....ei1{rThB'lic2*:".�g.r`Rccrfsrt=vr � %'` author-n.-nkttete�Strbr-ammese,�-5."'' "ube. &wscansultau[sandar,<. a`�ste�}iplicaLblpattiem and-EXBi••••:••••l. f.....,.":..^el`fE3"..:.....,....b.e. nC-GBn$n`flBtipn-fHP[tte-P3i)jeE..iC«1�raro�avrsRvv"6':«�„tT'glitfihlly-f/3'rllNftftt05 vvrrcxTzvruo.�+ 1' vs.. AIA Document 81 o1 TM—20071Iformerly 8151 Te-1997).Copyright®1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights Init. reserved.WARNING;This AIAtD monument Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or dfstnbutlon of 13 this AIAe Document,or a ny portion of Il,may result in severe civil end criminal penalties,and will be prosecuted to the maximum extent possible J under the law.This document was produced by AIA software at 09:58:17 on 11/05/2008 under Order No.1000362467_7 which expires on 7/24/2009,and Is not for resale. User Notes: (3549998206) Page 40 , §]�A T.�� r. ,.c o,....:.....:r,._..«.°«..•Wing-fhe-uup�vmants-e€ III! Serviee,-dte-9waer-eelea a ...,«...,«end-orm from suchais indel e n_ a;; m-all-Costs and expenses;kiskrlingfheeestef-det;. ofaction-ate by aft-ythird-pman of :reusesini r., .He nwnc�e0 tedusHttlt3ents-o€Sew.,.�.,....,,.:_.,.:� ceGtioc�a , �.�n..et-aPa..:fr;, etion 9.4. - §7.4-Q Cept-forth 6- «.,a:...1.:.. A.r•ao v .. •.i.«..H�u H_a..___ d-gtint�a-:>r"plied • .. ^^then _...c-�'----------- w-de„w,-;'o e. ait-.fVh„-O,�.^•, `•all,^.t-assign,delegnte;$ublicens�pleage-�stfiar-� h6tein{oaRElkh....pa+iy..•«U,utthe prior w tteo ....ems«......,.nrU u . n... .... ,.,L,..:...,a.,..e. 1n5trUHiEi3t5-EF. `�'iiee-fiha�.—m�a�mmeri-Ole-riSlf-aAd�VitliHHt-}i2hllit�-ivixxo-aavincov�-u.ao-«+ eansuRtims. ARTIGLE ^r A1n- --.-.-.--_e AunnreoILM §8A GENERAL — §8.1.1 The Owner and Architect shall commence all claims and causes of action,whether in contract,tort,or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specilied by applicable law,but in any case not more than 10 9 years after the date of Substantial Completion of the Work.The Owner and Architect - waive all claims and causes of action not commenced in accordance with this Section 8.1.1. R e 9 To the e.le4 damages .«..:............ «H A r...,.:.,...11«..H«.. ,,,...:...r ate�ovsted-by-prupe,�-a.�,z,. c ♦.Le...... 1............F,l.,...rl.....f... seek-etkemnd-ygain.,rm�,v+:,�to��raatl3arlts�agents-axid-emY�-�-�-o..'o`-"'t�#aeaages�teopt�twh ATA D « A 1M �nl1v /±.,:,`.:1 z•T6T...o u'r�.oy-�7�a�o-iva.,.'t. �noEHln..m—.r�ov--�ovT�. ..faH..r+,....«,. «f.. n TH L. _..H:r p:��tha C-anditi.,�ao>zo-"'" .FOwn.; - � ,..sa eeflif � - eaB+x®rated-herein: disputes eE ather mattera4ri-quesgoo arising-outef-nr-re-laf+ngte�liisAgre€nlent,T`•: ^...'.�' "_aPPaemifatien�Hrunset}tlenEial damages greem..� •5ca . . §8.2 MEDIATIONDISPUTE RESOLUTION §8.2.1 "—'—�4er i"rgu�r-related be",yeet �4�-elaimrdisp.•..,..... . .....,e...4..1.• Tfl......L......rr,,..vYw .. t......L:....«..f.. l' rnediaHon- md3H:g-di$pHtd-r@SolBtfo.��>,—.e.4.�a� �,.�,.. ....en seising eufoptheditelat{€e6'- ..ei.iR ,t.''e$rshiteeE May-preeeed-ix-aceerdanceivitk-applisal:'le-htw4o,eomply-with Should any dispute misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Owner,and the Owner shall determine the term or provision's true intent or meaning The Owner shall also decide all questions which may arise between the parties relative to the actual services provided or to the suMcien_ry of the 1,�orformaltce heremlder If the patties are unable to settle any dispute difference,or claim arising_from the parties'performance of this Agreement the exclusive means of resolving that dispute difference or claim shall only be filing suit exclusively under the venue rules,and jurisdiction of the King County Superior Court at the Regional Justice Center Iocated in King County,Washington unless the parties agree in writing to an alternative dispute resolution process In any claim or lawsuit for damages arising from the parties' performance of_this Agreement each party shall pay all ifs legal costs and attorncs_fees incun'ed in defendant or bringing such claim or lawsuit in,addition to any other recovery or award provided by law;provided however, nothing in this paragraph shall be construed to limit the Owner's right to indemnification under Section 10.11 of this Agreement, ARTICLE 9 TERMINATION OR SUSPENSION Aebiirati.;• A• -•�•'�''^^'",-.^ec-ore .,tea.a-�...,: n�^ tract-iandi3d -t'a��dtr^�'� the-date-ef AIA Document B-1017m—2007`formerly B1511"-1997).Copyright©1974,1978,1987,1997 and 2007 by The Amerloen Institute of Architects.All rights Init. reserved.WARNING:'rhe AIA"'Document Is protooled by U.S.Copyright Law and itrternallonsi Treatles.Unauthorized rep roduclion or dlstribuflon of 14 this Al a Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 09:68:17 on 1110E12008 under Order No.10DD362467_I which expires on W24I2009,and Is not for resale. User Notes: (054999a206) Page 41 d •,.«,.^..e€lien.E"st„-.,,�r6ou-0rentityedtr+inteteriug-tho-ate[katien-Fhereq,r ..maybe--,-d^ --- --- « . tf he filing 0� I It eamph intor-other¢ppEGpflate dadvaine of binding e ., _..""« ",e•°:..tio�-et se}atieu-ptGseeding.,,..'-:,.'-..n=tea ` "`�6tayed�eu ¢ medial+au-for-a-petied-a"O-day9 ofthe ^..a.._ rn in inbit:aton fif0c..ed'....:s stayed p �i:.�..,�eation da uudaSe6e itpot.i .:..tins-�n�ram..''^'er-pipe,ee T)te-p liug=`"" '""" ::e-medraties-6hall�ie-held n the plaee ...hefe.,. cti,s>ee..«a,aoless otherlaeatieftisonenuadyagoee��A g*`�`ient. be enfoteeahk-as-se'.,R, ¢hies-de-xet-eese3ve-a-dis ute °^ ho fflohad of binding .'. dispute-reseluEietr6hall-be-rise-fellewtu� ''.,.. (aeek Me 'rtg-t than lit ffiien 'r.'-aff'spu£e-tviR be-reaalv„d'.' - .... .'`^^.'^:�;etertt j,-' .'.,-.a.�.:�,�.'''-'•-i ..... Liggatio r 1 ;ii;,a� njurisdiedm x c��-„a,�,�.,-�.rbiri'ation-aslk®-steNted€urbindiug-dispate�eselutielri. •`.-a,;�-�",�^re-e aen«fa%g ICI c--laim;dispute-erether'-ntatfertn-que6Eiea-a�lsatg-e �...e.,� ^.. Ys f a n .._ ..1, ll he _ del.::'eredtot.'.:e..tkerpea'j-tea='.s b _ t_:«..,.«.^d...:..:...,. _.,._.._,,:«. t3gteeut.., e�ersex-ereuttty-a A a 1 x x Aid ,o„Q.........d f n,arbitration sha11 de-made-ne eaelier'thanfPaletxr�tly i4l>•tke a,:..men .�+'.,; n . . . mediatie ,'�.":^^^^., ..>,^,t •«,.made-after based on the el :.modispute^B"dieratatterin-"06tien-would-b e o{ tabor}6-purposes; 'eeeigt�€a-wriHen-detn�e-personos-entity-adsvnistering-Nte arbitration. ii ' iL,•:«,Lion of! galo�^^"""'�''pR,e�ediugs��d-o^a�''e-elailrrdisp,�„^_ I n3atter-in-quostier� ',. a a a egoingagreetnentto-arbiR°ateand other ngfeeffiellts to sntit3` My consented te by shut!be specifical seerdanee-w'itli-appkeableiaw-in ffiv-e�or:;diction Alec . l 1... r the.r 6'� - / A. 4A11.^ nal an 6, �mo wither §-8.3..4-69NSOI IDATIAN OR 181NDER y e a e��v:a. aEitsaele-dis�ttert-rt�y-etrnsGlidnk:;rrraet�r¢tien-eondueted-under-Ektifi-,9�'esmeuE-witk-¢ny i other-avilf ¢tion-to-w..xo�.6:«__ ......�..,..«...• ...4•««,.:,.., .... , _........log die n n..TNded�ha•�-�r,reeuio ��•'^..r....„.•n i perrrii"ee ecotu en[tatsigens-ef taw-err faand(-3)the arbitrationsc-F j p}ey$e.".;"'filar-proee�had, e•... elii ii g nurh:«..,«..../.n A° th .. ^,,.d:te:e;;�:, ,eltade joinder-penrens-er-entities-substnntialtyanvok`ed-ine eemtneu-questions€saw-or-€aeEwhese-prosence-irrequired •::^r'..;.e:'e?'.eF'.e-to-be seeertleditr-arbitratiotr, AIA Document 610170—2007(formerly 615iTM—1997).Copyright@ 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights Inl1. reserved.WARNING:This AIN' Document Is protected by U.S.Copyright Law and International Trestles.Unauthorized reproduction or distribution of 15 this Ale Document,or any portion of lt,may result In severe civil and criminal penalties,and will be prosecuted to the maslmum extent possible J under the law.This document was produced by AlA software at 09:58:17 on 1 110 6/2 0 0 8 under Order No.1000362467_1 which expires on 7/2412009,and is not for resale. User Notesl 13549996206) i Page 42 additional pe testy-shell-xe�-eoas.:��.,: e ,mot r otheetaaHe�ia-qucstien a6t�266F4b..d-ter a.oTrnso' '"`.a3: �a��,.�i aer�aed-AreltiteetttaanY$ SesHetaB.-3;whed+erky-jai. . ... ..........'.':_'_� , '�==�^"'ighis-eSjaiader andeun6elidaHrt��t+d Arehite.�dsrtl;:s=-6.^era?: A,RT LF u rcRMINATION OR-SUSF€NSiON §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'prior written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services.Before resuming services,the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Arclitect's.,--,. services excluding termination expenses deleted in Section 9.7.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. §9.2 If the Owner suspends the Project,the Architect shall be compensated for services performed prior to notice of such suspension.When the Project is resumed,the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's -.;_eaf services excluding termination expenses deleted in Section 9.7,The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. §9.31f 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'prior written notice. §9.4 Either party may terminate this Agreement upon not less than seven days'prior 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. §9.6 The Owner may terminate this Agreement upon not less than seven days'Prior written notice to the Architect for the Owner's convenience and without cause. §9.6In the event of termination not the fault of the Architect,the Architect shall be compensated for services «^ performed prior to termination, together with Reimbursable Expenses than A ^n Perlu:�t{oa$xpensey-tts defined in Seetiun,9 :duc. §-97'Fernunnkiea_Expenses-tu'e-is-addi{ion-tetttmpensaEtetrfer-Ote-A�shtie..; fieF'ice ^dee*peases directly-eHribntahle-te-termtaafien-f'o.,.'r....ie.^'-•';e n_.r :is-aeEetbsrwisesemp®nsated-plusan-amouxt€or the a_.._a«....r,e t e one.^'armed-by-Fhel4e..:t �� ao.t, r §9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 11.9. ARTICLE10 MISCELLANEOUS PROVISIONS ti t.r the h §10.1 This Agreement shall be governed by tha-law ef4he-plan ,`�.�"'''� �=s lue;atedrax..��"� a- Panties have 1�=a-e�elh tf °ems"Y••mrri:.a deFNI-Ai-{1k..�rionTccr�hall-�aVeti! Seetioa-&3alnd constnted in accordance with the laws of the Slate of Washmeton, §10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2007,General Conditions of the Contract for Construction. §10.3 The Owner and Architect,respectively,bind themselves,their agents,successors,assigns and legal representatives to this Agreement.Neither the Owner nor the Architect shall assign this Agreement without the written consent ot'tile ekher�exeepllhaEthe-Ownet- —t ran,�.'^..�.F«r.,�r^-�"-�,�,�-as„arz,�„�Ov:;,�=fights-aac>-ebligatiea�undeetluis-Agteataettt�other. AIA Document B10111-2 0 07 formerly B7671M-1897).Copyright®1974,1976,1967,1997 and 2007 by The American Institute of Architects.All rights Init, reserved.WAFNINGahis AIA Uncmneut Is protected by U.6,Copyright Law and International Treaties.Unauthorized reproduction or distribution of 16 this Ale Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible 1 under the law.This document was pmducad by AIA software at 09:58:17 on 11/05/2008 under Order No.1000362467_1 which expires on 7/24/2009,and is not for resale. (3549998206) User Notes: i Page 43 ,-t,,.,r...resed language of saeb AeFt�f+Bates-sha$-be d t8 al.«..a1... Ayd.a....«F«....«F.. a le� 1 A d........: subinitte r-revie..g ,,.�..,.,rxer-to- . all-suclr aseftt-, atar-e-eetlsietentwi.`«"" geettffie;%Provided submitted to the A..,sae..«Fe«re.:yoy nt least 14 days«.oro execution. A h' shot] arnt-be-requined to exe. a OeAi f4ga ag or consents-that , ..ievs. .........:.........e beyond Ibis o.----._.... §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. §101 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials.The Architect shall be given reasonable access to the completed Project to make such representations.However,the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary.The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. 10.8 This Agreement and any reference documents or exhibits represents the entire and integrated ted agreement between the Owner and the Architect and supersedes all prior negotiations representations or agreements,either written or oral All of the documents referenced and incorporated herein are made_a Part of this Agreement. However,should tiny language in any of the Exhibits to this Agreement conflict with any language contained in this I A�eement [he terms of this Agreement shall prevail This Agre t signed by both Owner and Architect. - 510 9 The parties intend that an Independent Contractor-Employer Relationship be created by this Agreement and that theArchitecthas the ability to control and direetthe performance and details of its work the Owner being '. interested only in the results obtained under this Agreement 61010 In the hiring of employees for the performance of work under this Agreement or any subcontract the Architect or any person acting on behalf of the Architect shall not,by reason of race religion color,sex age sexual ',... orientation national origin or the presence of any sensory mental or physical disability discriminate against any person who is qualified and available to perform the work to which the employment relates Architect shall execute L.. the attached City of Xent Equal Opportunity_Policy Declaration(Exhibit E),Comply with City Administration Polio 1.12"and upon completion of the contract work file the attached Compliance Statement(Exhibit F). §10.11 Architect shall indemnify and hold the Owner,its officers officials,employees.agents,and volunteers harmless from any and all claims injuries damages losses or suits including all legal costs and attorney fees, arising out of or in connection with the Architect's negligent performance of this Agreement except for that portion of the injuries and damages caused by the Owner's negligence. The Owner's inspection or acceptance of any of Architect's work when completed shall not be grounds to avoid any of these covenants of indemnification Should a '. court of competent jurisdiction determine that this Agreement is subject to RCW 4 24 115.then,in the event of liability for damages arising out of bodily_miury to Persons or damages to property caused by or resulting from the concurrent negligence of the Architect and the Owner,its officers officials employees agents and volunteers the Architect's liability hereunder shall be only to the extent of the Architect's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE ARCHITECT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE TITLE 51 RCW SOLELY FOR THE PURPOSES OF THIS INDEMNIFIACTION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATEU THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. AIA Document 1370114—2007 Ormerly B151TM—1997).Copyright 0 1974,1978.1087,1997 and 20D7 by The American Institute of Architects.All rights Init. reserved.WARNING:This AIA Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of 7 this AIA"Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Thls document was produced by AIA software s109:58;17 on 11/05/2008 under Order No.1000362467_l which expires on 712412 0 0 9,and Is not for resale. User Notes: (3549998206) Page 44 ¢1012 The failure of the Owner to insist upon strict performance of any of the covenants and agreements contained �I in this Aereement or to exercise any option conferred by[his Agreement in one m•more mstanees shall not be construed to be a waiver or relinquishment of those covenants agreements or options and the same shall be and '....... remain in full force and effect. ', §1013 All communications regarding this Agreement shall be sent to the parties at the addresses listed on the cover page of the Agreement Unless notified to the contrary. Any written notice hereunder shall became effective three (3)business days after the date of mailing by registered or cerflflcd mail and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. ARTICLE 11 COMPENSATION §10 a T�� 9t he rehitect:r OWRO«:'__elves ' A+9demiaV aF '. -'bur hat to any otherarse ,�e the-cmue .."a te,' •..`^...,adea-ix-ender {� dexc w.hgse-na ' tion o,r.,,rthe 4so of Co ntiul-xtfer atiea, i ARTICLE �,_c44 COMPERSA�onTmnr §11,1 For the Architect's Basic Services described under Article 3,the Owner shall compensate the Architect as follows: (Insert amount of,or basis for,compensation.) i Six Hundred Sixty Nine Thousand,Two Hundred Twenty Seven Dollars($669,227.00) §11.2 For Additional Services designated in Section 4.1,the Owner shall compensate the Architect as follows: (Insert amount of, or basis for,compensation.If necessary, list specific services to which particular methods of compensation apply,) Hourly as indicated in Exhibit B or as Agreed iTon by both parties No additional services shall be provided without written aut r herein shall remain locked at the negotiated rate(s)for 2009. §11,3 For Additional Services that may arise during the course of the Project,including those under Section 4.3,the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation.) Hourly as indicated in Exhibit B or as agreed upon by both parties No additional services shall be provided without written authorization from the Owner. Architect's hourly or flat rage,charged by it for its services connected for herein shall remain locked at the negotiated rates)for 2009. §11.4 Compensation for 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 One point one ( 1.10 ,or as otherwise stated below: li Hourly as indicated in Exhibit B or as agreed anon by both parties No additional services shall be provided with , written authorization from the Owner. Consultants'horsily or flat rage charged by it for its services contracted for herein shall remain locked at the negotiated rate(s)for 2009. §11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work, the compensation for each phase of services shall be as follows: Schematic Design Phase percent ( %n) Design Development Phase Twenty Four percent ( 24 %) Construction Documents Forty Fivc percent ( 4S %) AIA Document B1011"—2007 formerly B161^ —1997).Copyright©l974,1079,1987,1897 and 2007 by7ho American Institute of Architects.All rights Init. reserved.WARNING:This AIA Document is protected by U.9,Copyright Law and International Treatles.Unauthorized reproduction or distribution of 18 this Al a Document,or any portion of It,may result in severe civil and criminal penances,and wilt be prosecuted to file maximum extent possible / under the law.This document was produced by AIA software at 09:58:17 on 11I05/2ous under Order No.1000362467_1 which expires on 7/242009,and Is not for tennis. User Notee: (3549898206) Page 45 Phase Bidding or Negn6ati on Phase Eight percent ( 8 %) Construction Phase TwentyThre percent ( ;Q %) !i Total Basic Compensation one hundred percent ( 100 %) '...... §11.6 When compensation is based on a percentage of the Cost of the Work and any portions of the Project are deleted or otherwise not constructed,compensation for those portions of the Project shall be payable to the extent '.. services are performed on those portions,h1 accordance with the schedule set forth in Section 11.5 based on(1)the lowest bona fide bid or negotiated proposal,or(2)if no such bid or proposal is received,the most recent estimate of the Cost of the Work for such portions of the Project.The Architect shall be entitled to compensation in accordance with this Agreement for all services perfoffied whether or not the Construction Phase is commenced. §11.7 The hourly billing rates for services of the Architect and the Architect's consultants,if any,are set forth below.The rates shall be adjusted in accordance with the Architect's and Architect's consultants'normal review practices. (If applicable,attach an exhibit of hourly billing rates or insert them below.) - Hourly billing rates are as indicated in Exhibit B or as agreed upon by both parties No additional services shall be provided without written authorization from the Owner. Architect's and Consultant's hourly or flat rage charged by it for its services contracted for herein shall remain locked at the negotiated rate(s)for 2009. Employee or Category Rate §11.8 COMPENSATION FOR REIMBURSABLE EXPENSES §11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project,as follows: 1 Transportation and authorized out-of-town travel and subsistence .2 l enng-distanee-satvio��, sites,and •'-^^ subsistence if nreater than 100 miles round trip from the project site and only iY approved by the Owner in advance: .3 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Printing,reproductions,plots,standard form documents; .5 Postage,handling and delivery; •6----Exp�.�e. ^o t t, ,._.-..«.. :a ..,«x,.«::.,.a :...,a.,..HE@-by-the-Ow11eF b .7 Renderings,models,mock-ups,professional photography,and presentation materials requested by the Owner; .e Arse: .G;rCHnsultanf-sexpease-ofpfofessienalliab, . exclusively-to-this Owner requests sueeh e....ally curried by libe n..,.l.•.ec"�naHltnt3t� .9 All taxes levied on professional services and on reimbursable expenses; ea Sit,«e..Fr..cr.Ce_expenses;-slid At 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 One point one ( 1.10 1 of the expenses incurred, §11.9 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE 1€the�wn •[s-e.,.i, 'o,.,..:...,n c ^ the-n....l.:«...,.«.�.P,.,,...:..........>,:. Agree tHel4 tiodeF 98c-tioH-9.3;the -fee as compoesatien-forthe Ownte"s eaminueduse e .4,. A«..6'ee..Y.. Fl`....'.......1e1..F......p.� ..R.mcrtrtcccTlnntrnmtsin,"•• �.rp '• .F ..«plet'..b,using and maintaining the Prj eetas foIIoww AIA Document 11101w—2007 formerly 8161w�-1907),Copyright st 1974.1978,1987.1997 and 2007 by The American Instilme of Archluols.All rights Init. reserved.WARNING:Phis AIA Document Is protected by U.S.Copyright Law and international Trestles.Unauthorized reproduction or distribution at 19 this AW Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible / under the law.This document was produced by AIA software at 09:58:17 on 1105/2008 under Order No.1000362467_1 which expires on 7/2412 0 0 9,and Is not for resale. User Notes: t35499982061 Page 46 §11.10 PAYMENTS TO THE ARCHITECT §11.10.1 An initial payment of Zero ($ 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. §11.10.2 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architects invoice.Amounts unpaid Sixty ( 60 days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) 12% per:annum I, §11.10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect,or to offset suns 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 j proceeding. §11.10.4 Records of Reimbursable Expenses,expenses pertaining to Additional Services,and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: ARTICLE 13 SCOPE OF THE AGREEMENT §13,1'Phis Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be amended only by written instrument signed by both Owner and Architect. §13.2 This Agreement is comprised of the following documents listed below: ,1 AIA Document 13101T+"-2007,Standard Form Agreement Between Owner and Architect .2 ATATrocrd nt E20IT"' 2047 4igibil-Tharr-Protee , . •`e c�,r, olo+"..:;g- '.. .3 Other documents: (List other documents, if any, including FxhibitA,Initial Information,and additional scopes of service, if a,forming part of the Agreement.) Exhibit A.Initial Information Exhibit B,Hourly Filling:Rates Exhibit C Cily of Kent Administrative Policy Exhibit D,City of Kent Equal Employment Opportunity Comuhance Statement Exhibit E Insurance Requirements for Consultant Services Aucements ExbibitF List of Owner's Consultants for Coordination This Agreement entered into as of die day and year first written above. OWNER City of Kent —A C IT`#CT David A,Clark jahitects.PLLC 4ti� Jy 7�n (Signauoe) (Signature) Suzette Cooke,Mayor David A Clark Operating Member (Printed name and title) (Printed name and title) AIA Document l3m1w-2007 /ormeriy 0151ra—1907).Copyright@ 1974,1978,1981,1997 and 2007 by Tha American Institute of Architects.All rights Intl. reserved.WARNING:This AIA' Document is proiecled by U.S.Copyright Law and International Treaties.Unauthorized reproduction or dishibutian of 20 Ihis AIA-Document,or may portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible 1 under the law.This document was produced by AIA saaware at 09a8:17 on 1 t/06/2008 under Order No,1000962467_1 which expires on 7124/2009,and is not toy resale.User Notes: (3E49998209) I Page 47 Certification of Document's Authenticity AIA®Document D401'TM —2003 I,David A.Clark,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously ltaneously with this certification at 09:58:17 on 11/05/2008 under Order No.10003624671 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document B 101T —2007-Standard Form of Agreement Between Owner and Architect,as published by the AIA in its software,other than changes shown in the attached final document by underscoring added text and striking over deleted text. (Sign id) (I me) AIA Document D401M-2003.Copyright 01992 end 2003 by The American Institute of Architects.All rights reserved.WARNING:This AJO Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproductlon or distribution of this A1A®Document,or any portion of it, y may result o 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 09:58:17 on 1 1/0 6120 0 8 under Order No.1000362467_i which ex alres on 7124/2009,and Is not for resale. User Notes; (3549998206) Page 48 ` 14 AT Document B101Tn — 2007 Exhibit A Initial Information for the following PROJECT: (Name and location or address) Kent District Court Addition&Renovation. 1210 South Central,Kent,WA 98032. The II, moiect consists of the addition of 3 courtrooms office snaee and general renovation of existing office space and lobby areas as shown on the preliminary plans dated 5/22/08 and a new 71 car parking lot. This document has Important legal consequences. THE OWNER: Consultation with an attorney (Name and address) Is encouraged with respect to Its completion or modification. City of Kent 220 Fourth Avenue South Kent.WA 98032 THE ARCHITECT: (Name and address) I David A.Clukfu chitects.PLLC - 3301713a°i Ave SE Auburn,WA 98092-8519 This Agreement is based on the following information. (Note the disposition for the following items by inserting the requested information or statement such as "not applicable,""unknown at time of execution"or"to be determined later by mutual agreement.") ARTICLE A.1 PROJECT INFORMATION §A.1.1 The Owner's program for the Project: (Identify documentation or state the manner in which the program will be developed.) Project Scope: Project scope and preliminary design shall be as indicated in the drawing titled"Attachment Al-preliminuy approved dasi-gn 30percent development stage 5/22/08"in the Owner's lease with the County attached as"Exhibit B"•and li a new 71 caz•parking lot. §A.1.2 The Project's physical characteristics: (Identify,or describe, if appropriate,size, location,dimensions, or otherpertineni information, such as geotechnical repots;site,boundary and topographic surveys;traffic and utility studies;availability of public and private utilities and services;legal description of the site;etc.) Protect location' 1210 South Central Kent WA AIA Document B101 TMr-2007 Exhibit A.Copyright@ 1974.1078,1087,1997 and 2007 by The American Institute of Architects.All rights reserved. Init. WARNING:This Al a Doomeent a protected by U.S,Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA" 1 Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the fawn. / This document was produced by AIA software at 09:59:57 on 11/05/2008 under Order Na,1000362487 i which expires on 7/2412009,and is not for resale. User Notes: (4067285555) Page 49 s 5 A.1,3 The Owner's bud et for the Cost of the Work as defined in Section 6.1: (Provide total,and if known, a line item break down.) Project Bud e t_The construction hudt�et is$5.302.367 00,As indicated in"Statement of Probable Costs at 'I preliminary design stage"dated 7/23/08 attached as "Exhibit C". §AAA The Owner's other anticipated scheduling information,if any,not provided in Section 1.2: Proieet Schedule: Commencement Datc is the dale of the lease signing with the County. Commencement date plus six(6)months;100%drawings Commencement date plus eleven(1D months:begin construction Commencement date plus twenty-two(22)months:substantial completion, i §A.1.5 The Owner intends the following procurement or delivery method for the Project (Identify method such as competitive bid, negotiated contract,or consb action management.) Design Bid Build in accordance with state biddinglaws. aws. J §A.1.6 Other Project information: (Identify special characteristics or needs of the Project not provided elsewhere, such as environmentally responsible design or historic preservation requirements.) _ ARTICLE A,2 PROJECT TEAM §A.2.1 The Owner identifies the following representative in accordance with Section 5.3: r (List name,address and other information.) City of I{ent Facilities department designated protect manager, §A.2.2 The persons or entities,in addition to the Owner's representative,who are required to review the Architect's submittals to the Owner are as follows: (List name,address and other information.) Oty of Kent Facilities department designated project manager. ',. §A.2.3 The Owner will retain the following consultants and contractors; (List discipline and, if known, identify them by name and address.) Soils Engineer Surveyor Traffic Commissioning.Survey of existing 11VAC Systems. §A.2.4 The Architect identifies the following representative in accordance with Section 2.3: (List Horne,address and other information.) David A.Clark AIA 33017 De Ave SE Auburn WA 98092-8519 253 351-8877 office 253 332-8877 cell 253 804-6566fax dclark@clarkarchitects.com §A.2.5 The Architect will retain the consultants identified in Sections A.2.5.1 and A.2.5.2. (List discipline and, if known, identify them by narrne and address.) AIA Document B10179-2007 Exhlblt A.Copyright®1074.1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved. Init. WAR NING:This Ale Document is pretocted by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Alpe 2 Document,or any portion of It,may result in severe civil and crheIna[penalties,and will be prosecuted to the maximum extent passible under the law. / This document was produced by AIA software at 09:69:67 or 11/05/2008 under Order No.1000062467_1 which expires on 712412009,and Is not for resale. User Notes; (4057285555) Page 50 §A.2.5.1 Consultants retained under Basic Services: .1 Structural Engineer MLA Engi acerinl=..PLLC .2 Mechanical Engineer CeGGEn ing eering,Inc. .3 Electrical Engineer '..., i AWA Electrical Consultants,Inc §A.2.5.2 Consultants retained under Additional Services: t §A.2.6 Other Initial Information on which the Agreement is based: (Provide other Initial lr formation.) i o Architects.Al rights reserved. ALA This AIA'Document Exhibit A.protected by U.8,Cop 1976,Law a d International and by The American Institute 1 Ar hl g e Intl nocumo WARNING:This AIA"Document Is protected a U.S.Copyright Law and ,and ill be proecutedtotUnauthorized reproduction or distribution of this AIA 3 Docvmenf,or any portion of It,may result In severe civil and criminal penslties,and will be prosecuted to the maximum extent possible under the law. / This document was produced by AIA software at 09:59:57 on 1110 5/2 0 0 8 under Order Ne.1000362467 1 which expires on 7/2 412 0 0 9,and Is not for resale. User Notes; (4057285555) Page 51 Exhibit B City Of Kent District Court Expansion Prepared 15-Sep-08 2008-09 2010 David A. Clark Architects,PLLC Principal $ 173.81 $ 181.63 Architect $ 115,54 $ 120.74 Designer/Drafting $ 105.73 $ 110.49 Clerical $ 57.94 $ 60.54 MLA Consulting Engineers Principal $ 131.00 $ 137.55 Project Engineer $ 108.00 $ 113.40 Engineer $ 95.00 $ 99.75 CAD Drafting $ 78.00 $ 81.90 Clerical $ 54.00 $ 56.70 Intern $ 52.00 $ 54.60 CeGG Engineering Project Engineer $ 115.00 $ 120.75 CAD Drafting $ 75.00 $ 78.75 AWA Electrical Consultants,Inc. Senior Engineer $ 130.00 $ 136.50 Design Engineer $ 115,00 $ 120.75 Data/Low Voltage Designer $ 130,00 $ 136.50 AutoCAD drafting $ 80.00 $ 84.00 Clerical $ 60.00 $ 63.00 Sound Consultants,LLC Principal $ 110.00 $ 115.50 Civil Engineer/CAD Drafter $ 100.00 $ 105.00 GM2 Systems Principal $ 175.00 $ 183.75 CAD Drafting $ 105.00 $ 110.25 Alexa Milton Interior Design Principal $ 95.75 $ 100.54 CAD Drafting $ 75.00 $ 78,75 Clerical $ 55.00 $ 57.75 David A. Clark Architects,PLLC ExhtbttBHourly Rates 091508 Printed 911.512008,4:071'M II, Page 52 Exhibit C CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Suzette Cooke,Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year,must take the following affirmative steps: 1, Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women, Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal,state and local laws,policies and guidelines, EEO COMPLIANCE DOCUMENTS- I. Page 53 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to, An affirmative response is required on all of the following questions for this Agreement to be valid and binding, If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex,race, color, national origin, age,or the presence of all sensory,mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I,the prime contractor,will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor,that the Prime Contractor complied with the requirements as set forth above. j By signing below,I agree to fulfill the five requirements referenced above. Dated this day of 2008 By: For: Title; Date: EEO COMPLIANCE DOCUMENTS-., i Page 54I�I Exhibit D CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement, I,the undersigned, a duly represented agent of David A. Clark Architects,PLLC Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as Kent Courthouse Addition Project that was entered into on the (date) , between the firm I represent and the City of Kent, I I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 2008 By: For; Title: Date: EEO COMPLIANCE DOCUMENTS-3 Page 55 EXHIBIT E INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Contractor 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 Contractor,their agents, representatives,employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering 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 shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises,operations, independent contractors,products-completed operations,personal injury and advertising injury, and liability assumed under an insured contract.The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 1185. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance i Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. i 2. Commercial General Liability insurance shall be written with limits no less than$1,000,000 each occurrence, $2,000,000 general aggregate and a$1,000,000 products-completed operations aggregate limit. Page 56 EXHIBIT E (Continued ) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and$1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain,the following provisions for Automobile Liability and Commercial General Liability insurance: I. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance,or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party,except after thirty(30)days prior written notice by certified mail,return receipt requested,has been given to the City. 3. Tho City of Kent shall be named as an additional insured on all policies(except Professional Liability)as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M.Best rating of not less than ANII. E. Verification of Coverage Contractor 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 Contractor before commencement of the work, F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor, j Page 57 II, Exhibit F Owner's Consultants The following is a list of the Owner's consultants as indicated in article 31.2: Soils Engineer: URS Corporation Martin McCabe,Project Manager 1501 Fourth Avenue, Suite 1400 Seattle, WA 98101-1616 (206) 438-2700 Surveyor: CHS Engineers,LLC Bud Condrey, Project Manager 12507 Bel-Red Road, Suite 101 Bellevue,WA 98005-2500 (425) 637-3693 Page 58 ACORD, CERTIFICATE OF LIABILITY INSURANCE iFE i%5izo a' PRODUCER (503)226-1422 FAX: (503)226-2488 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Keelson Partners ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 707 SW Washington, Suite 625 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Portland OR 97205-3536 INSURERS AFFORDING COVERAGE NAIL# INSURED INSURERA:Hartford Casualty Ins Co David A, Clark Architects, PLLC INSURERA_ 33017 134th Ave SE INSURER C: INSURERD: '. Auburn WA 98092-8519 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. �TE LIMITS SHOWN N REDUCED BY PAID CLAIMS. T1 INSR ADD'L TYPE OF INSURANCE POLICYNUMBER DATfYMhll00mEPRATE MAPI O/YYON LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREI ISESEoccwr0ence $ A CLAIMS MADE OCCUR 52SBALL5662 10/27/2008 10/27/2009 MOD EXP An cre, erson $ PERSONAL&ADV INJURY $ GENERAL-fyGGfi GATE $ 2,000,000 GEHL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPADP AGG S X POLICY PRO- LOC AUTOMOBILE LIABILITY 52SEALL5662 10/27/2008 10/27/2009 COMBINED SINGLE LIMIT ANY AUTO (Eeecddent) $ 1,000,000 A ALL OWNED AUTOS BODILY INJURY 3 SCHEDULEDAUTOS (Pe;Nreon) X HIREDAUTOS BODILY INJURY S X NON-OWNEDAUrOS (Per accident) PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHERTHAN EA ACC 8 AUTO ONLY: AGO $ EXCESSIUMBRELLA LIABILITY f OCCU - C $ OCCUR CLAIMS MADE AGGREGATE $ _ S DEDUCTIBLE S RETENTION S $ WORKERS COMPENSATION AND - OEH- EMPLOYERS'LIABILITY ANY PROPRI ETORIPARTNEMEXECUTIVE E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEES 1I yes,tleecnbe under SPFCIAL PROVISIONS below E.L.DISEASE- OU"UMIT 3 OTHER I DESCRIPTION OF OPERAnONSILOCATIONSNEHICLES)EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Certificate Holder is added as an Additional Insured as their interests may appear subject to policy terms, conditions, 6 exclMaione. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Kent EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Facilities Department 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT Mike Hattrup FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE 220 Fourth Ave. S. Kent, WA 98032-5895 INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Mike Coppedge/MIKEC ACORD 25(2001108) ©ACORD CORPORATION 1988 INS025(D10B)B8a Page 1, Page 59 ACORD DATE(MNVDDNYYY) CERTIFICATE OF LIABILITY INSURANCE 11/5/2008 PRODUCER (503)226-1422 FAX: (503)226-2488 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Keelson Partners ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 707 SW Washington, Suite 625 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Portland OR 97205-3536 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA:St Paul Fire 6 Marine Iris David A. Clark Architects, PLLC INSURER B: '.. 33017 134th Ave BE INSURER C: INSURER 0 Auburn WA 98092-8519 INSURERS. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY '... REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEE BEDUQED BY MD CLAIMS. INSRLTq ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE PATE MIM EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY P E 9ES Ea aN vn'ence $ CLAIMS MADE ❑OCCUR - MED EX An one ersen $ PERSONALS GENERAL AGGREGATE S GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS- POLICY PRO- 100 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea acddenl) $ _ ALL OWNED AUTOS BODILYINJURY $ SCHEOULEDAUTOS (Perpereon) HIREDAUTOR BODILY INJURY $ NON-OWNEDAUTO8 (Per acddenl) PROPERTY DAMAGE $ (Per aceldenB GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $. ANYAUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIAEILTIY EACH OCCURRENCE S. OCCUR CLAIMS MADE AGGREGATE S DEDUCTIBLE 8 RETENTION S WORKERS COMPENSATION AND WCS ATU- OTH- EMPLOYERS'LIABILITY S ANY PROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE$ I/yes,describe Wdef SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT S A OTHER Professional QP03810597 6/15/2008 6/15/2010 Eaon ocevcrenae $2,000,000 Liability Aggregate $2,000,000 I I DESCRIPTION OF O PERATIONSILOCAnONMEHICLESIEXCLUSIONSADDED BY ENDORSEMENTISPECIAL PROVISIONS Project: Kent District Court Expansion i I CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Kent EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Facilities Department 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT Mike Hatt FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE Ken 220 Fourourthh S.Ave,A Kant, WA 98032-5895 INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Mike Coppedge/MIKEC X4 �t �/'/3%' ''.. ACORD 25(2001108) m ACORD CORPORATION 1988 INS025(GIDe).aea Page I o12 I III Page 60 POLICY NUMBER: 52SBALL5662 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - (FORM B) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of Kent Project: Kent District Court Expansion Facilities Department 220 Fourth Ave, S. Kent, WA 98032-5895 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section ll) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you. i I I i I I I it I i CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 ❑ I, Page 61 Parks, Recreation and Community Services Jeff Watling, Director Phone: 253-856-5007 ® KE T Fax: 253-856-6050 wA5H1NGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: November 20, 2008 TO: Parks and Human Services Committee FROM: Charlie Lindsey, Superintendent of Facilities THROUGH: Jeff Watling, Parks, Recreation and Community Services Director RE: Ten-Year HVAC Replacement Plan — Update MOTION: None, Informational In September of 2007, staff reported to Council that several city buildings with Heating, Ventilation, and Air Conditioning (HVAC) equipment were approaching the end of their useful life and a plan would be created for replacement of those systems over time, as opposed dealing with them on an emergency basis. McKinstry Inc., an Energy Services Company (ESCO), was hired to audit the Centennial Center, Police, City Hall, Fire Stations 71, 72, 73, 74, 75, 76, and the Golf Course Clubhouse, as well as develop a proposal with guaranteed costs for the required work plan. It was determined that the Centennial Center and the Golf Course are complex in nature and will be contracted out, while the other buildings could be completed with in-house staff. Staff will work with the Finance Department to determine the best way to fund this project and bring back to the Committee in January 2009. EXHIBIT: Staff Report BUDGET IMPACT: Budgeted Page 62 This page intentionally left blank. Page 63 Parks, Recreation and Community Services Jeff Watling, Director ® Phone: 253 856-5007 KEN T Fax: 253-856-6050 Was HiHCTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: November 20, 2008 TO: Jeff Watling, Parks, Recreation and Community Services Director FROM: Charlie Lindsey, Superintendent of Facilities RE: Ten-Year HVAC Replacement Plan - Staff Report In September of 2007, staff reported to Council that several city buildings with Heating, Ventilation, and Air Conditioning (HVAC) equipment were approaching the end of their useful life and a plan would be created for replacement of those systems over time, as opposed dealing with them on an emergency basis. Part of the plan was to hire an Energy Services Company (ESCO) to audit the Centennial Center, Police, City Hall, Fire Stations 71, 72, 73, 74, 75, 76, and the Golf Course Clubhouse. Upon review of the audit, it was determined that the Centennial Center and the Golf Course are complex in nature and will be contracted out, while the other buildings could be completed with in-house staff. McKinstry Inc. developed a proposal with the cost of the required work and the energy saving associated with that cost guaranteed. It includes replacement of the air handling equipment and all 85 heat pumps in the Centennial Center. Initial tests indicated that Riverbend Golf Course is a candidate for use of geo thermal system. The current HVAC system would be replaced with a ground source heat pump. Staff is recommending the switch to a Ground Source Heat Pump at the Golf Course at an additional cost of $250,000, for two reasons; it will pay for itself through energy savings over a twelve (12) to fifteen (15) year period and, it will free up the necessary power to allow switching to electric carts on the course in the future, without having to upsize the PSE transformer at a cost of $85,000. The cost to complete this project including tax is $2,638,638. Staff will work with the Finance Department to determine the best way to fund this project. The plan is to bring an action item back to the Parks Committee at the next meeting in January 2009. Page 64 This page intentionally left blank. i i ( Page 65 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 �• Fax: 253-856-6050 IcNT WASHINGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: November 20, 2008 TO: Kent City Council Parks and Human Services Committee FROM: Jeff Watling, Director of Parks, Recreation & Community Services SUBJECT: Monthly What's Happening in Parks - Informational MOTION: None, informational SUMMARY: Jeff Watling, Director of Parks, Recreation and Community Services, will share a schedule of events and programs. EXHIBITS: None BUDGET IMPACT: None