HomeMy WebLinkAboutCAG2007-0974 - Original - Wagner Architects Planners - Russell Road Operations Center Architect Services - 12/12/2007l
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KENT DocumentWagHtNGToN
CONTRACT COVER SHEET
This is to be completed by the Conlrocl Monoger prior to submission to City Clerks Office. All
porlions qre lo be completed, if you hove queslions, pleose contqct City Clerks Office.
Vendor Nome:endor Number:
JD Edwords Number
Conlroct Numb
This is ossigned by Deputy City Clerk
Descriplion:
Detqil:
Projecl No
Controcl Effeclive Dqfe:Terminolion Dqle
Conlrocl Renewol Nolice (DoYs):
Number of doys required notice for terminotion or renewol or omendment
Controcl Monoger:
Abslrqct:
menl:
S:Public\RecordsMonogemenl\Forms\ConiroclCover\ADCL7 832 07 /O2
WAIA Document 8163-- 19e3
Standard Form of Agreement Between Owner and Architect with Descriptions of
Designated Servrce s and Terms and Conditions
TABLE OF ARTICLES
PART 1 . FORM OF AGREEMENT
1.1 SCHEDULE OF DESIGNATED SERVICES
1.2 COMPENSATION
1,3 PAYMENTS
1.4 TIME AND COST
1.5 ENUMERATION OF DOCUMENTS
1.6 OTHER CONDITIONS OR SERVICES
PART 2. DESCRIPTIONS OF DESIGNATED SERVICES
DESIGNATED SERVICES
PHASES OF DESIGNATED SERVICES
DESCRIPTIONS OF DESIGNATED SERVICES
DESCRIPTIONS OF SUPPLEMENTAL SERVICES
PART 3. TERMS AND CONDITIONS
ARCHITECT'S RESPONSIBILITIES
OWNER'S RESPONSIBILITIES
CONTRACT ADMINISTRATION
USE OF PROJECT DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS
COST OF THE WORK
PAYMENTS TO THE ARCHITECT
DISPUTE RESOLUTION
MISCELLANEOUS PROVISIONS
TERMINATION, SUSPENSION OR ABANDONMENT
This document has important
legal consequences.
Consultation with an attorneY
is encouraged with respect to
its completion or modification.
2.1
2.2
2.3
2.4
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
1lnit.
FORM OF AGREEMENT
Between Owner and Architect for Designated Services
AGREEMENT made as ottne / 94* "Dn-- inthe vear ot fua /
(Inwords, indicate day, month and year.)
BETWEEN the Owner:
(Name and address)
City of Kent
Attn: Charlie Lindsey
Deoartment of Parks. Recreation. and Community Services
220 Fourth Avenue South
Kent. WA 98032
(253) 856-5081
(253) 856-6080 (fax)
and the Architect:
(Name and address)
Wasner Architects Planners
Attn: Robert Wagner
1916 Pike Place
Seattle. WA 98101-1056
Q0$448-2528
(206\ Mr-6184 ffax\
For the following Project:
(Include a detailed description of Proiect's location, address and scope')
I Russell Road Operations Centet
I Design. permitting. bidding. and construction management services for the Kent Russell Road Operations Center
The Owner and the Architect agree as set forth below.
2lnit.
ARTICLE 1,1 SCHEDULE OF DESIGNATED SERVICES
Phase
Phase
Phase
Documents Phase
Administration Phase
Phase
Phase
Phase
Russell Road Operations Center
of Architectural Services, Exhibit A,
Fee Schedule for Architectural Services,
B, replace the schedule set forth
Exhibits A and B are attached hereto
#:
incorporated herein.
METHOD OFILITY
Administration
03
Data Coordination
Schedule
of the WorkEstimate of
€
c
Io
vAi
oo
aov)
Presentation
Facilities
l1 Studies
12 Economic Studies
oato
U)
4
oa
o
ect
14 Site and Selection
l5 Site
16 Detailed Site Utilization Studies
17 On-Site Studies
Studies18
19 Environmental Studies
21
oo
o(h
o
o.o
o
o
H
o
a
22 Site
Structural
Mechanical
Electrical
Civil
oo
o(/)
oo
on
Materials
Materials
Addenda
3lnit.
.35 Analvsis of Alternates/Substitutions
.36 Soecial Biddine
,37 Bid Evaluation
,38 Contract Award
oI
o(A
d
IJ
o
!d
U
Services
40 Observation Services
41 Proiect Representation
42 Testine and Inspection Administration
43 Supplemental Documentation
Contract Cost
46 FF&E lnstallation Administration
47 lntemre(ations and Decisions -//
48 Proiect Closeout
O
E6
c6o.a
*,3o
Maintenance and
Recordawing
Review
53 Post-Contract Evaluation
4lnit.
ARTICLE 1.1 SCHEDULE OF DESIGNATED SERVICES ntin
Russell Road Operations Center
#"
R M and Exceptions
METHOD OF
Studies
Services
Services
Consultation
Fine
1
Model
slill
Motion Picture and
Cost
Value
Studies
.69
Cost70
Environmental7
'72 Witness
73 Materials
Services74
Services
76 Coordination of Services
FF&E
Promotion/Public Relations79
Brochures
Pre-Conftact
Extended
(r)a(J
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J
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(t
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Multiple of Direct Personnel
Expense
Professional Fee Plus
Expenses
Percantage of Construction
of this
*+M: METHOD OF
TION
In conjunction with the descriptions of
conditions of this Agreement, the
where identified above bY
provided by the
conjunction
Hourly
Cost
Stipulated Sum
*R: RESPONSIBILITY
Amounts Billed
A Architect
O Owner
N Not Provided
the Owner shall compensate the
on the basis of the Method of Compensation
identified above by an appropriately keyed number.
Signature)
for such designated services performed by the
Services,
initial, shall be
Architect ornot all. In
and payment terms
normal sequence, or not typically provided during these phases, as
KEY
order
l--.lservices
-inFAsr consftuction. Such services may warrant special requirements as to
f]All .ervi"", performed in
and/or compensation.
6Init.
ARTICLE 1,2 COMPENSATION
The Owner shall compensate the Architect as follows
I e t,Z.t For Desisnated Services, as identified in dre Sehedule ef Designated Serviees; deseribed in the Deseriptien ef
l ;res*nated$€r
l g*h basts ef een;e
I Exhibits A and B. Contractor will be compensatedfor each
I phase of the work identi.fied in the Schedule set forth in Exhibit B'
Basis of compensation
The Owner shall pay Architect. based on time and
reimbursable expenses. an amount not to exceed
One Million Five Hundred Three Thousand Three
Hundred Eight and 00/100 Dollars ($1.503.308.00)
'en,Vleyees, aid ideitth Prineipals enielassrt'enryleyees, if required. Iden$i{, speeiJie serviees te whiehpar"tieular
$ 1 ,2,3 For Contingent Additional Services of the Architect's Consultants, including additional structural,
irechanical and electrical engineering, and those identified in Article 1.6 and in the Schedule ofArchitect's
Designated Services and Fees or as part of the Architect's Contingent Additional Services under the Terms and
ConJitions, compensation shall be computed as a multiple of €-)one point and one-te mes the amounts
billed to the Architect for such services.
(ldentifu specific types of consultants in Article 6 , if required.)
$ 1,2,4 For Reimbursable Expenses, as described in Article 3.7 of the Terms and Conditions, and any other items
i*toO"O in Article 1.6 as a Reimbursable Expense, the compensations shall be computed as a multiple of €{ne
point and one-tenth (l.10) times the
"*pens"
incuoed by the Architect, the Architect's employees and consultants in
the interest of the Project.
S 1,r,5 If fte Destg
L-) menths efdrl date hereef, tlreugh ne fault efthe rl*ehiteet, extensien efthe rlrehiteet's serviees beYend that
S 1-r-6 The rates and m
rvith nermal salary revierv praetiees ef t*re zl+ehiteet'
ARTICLE 1.3 PAYMENTS
$ 1,3,1 An-Nq initial paymente+{$}shall be made upon execution of {his+g{€em€nl;arr*+rFthsninig*rm
e",y**t*"d"-this Agieement. rt shaU be eredite Subsequent payments
ioi Derignat"d Services shall be made monthly, and where applicable, shall be in proportion to services performed
within each phase of service, on the basis set forth in the Agreement'
$ 1,3,2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for
besignated Servicis in each phase shall be made monthly and shall be in proportion to services performed within
eachPhaseofServices,sothatCompensationforeachPhaseshall
tetal eempensatien payable fer sueh Designated Serviees'
7lnit.
Pre-Besign+has€.
Si+e+.nalys+Pnase'
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not exceed the amounts set forth for each ohase identified in Exhibit B. Applicable oercentages shall be determined
by Owner.
g 1.3,3 payments are due ard p he Architect shall bill monthlv by the twentv-fifth (25m) date of each
ironth. payments are due and pa]rable within thirty (30) days from the date of the Architect's invoice. Amounts
*p"rA e+gedht4yj3lidays after rhe 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 interest agreed upon.)
I Twelve percent (127o) per annum
(Usury laws and requirements under the FerJeral Truth in Lending Act, similar state and local consumer credit laws
and o-ther regulatiois at the Owner's and Architect's principal places of business, the location of the Project and
elsewhere may affict the validity of this provision. Specific legal advice should be obtained with respect to deletion
or modffications, and also regarding requirements such as written disclosures or waivers.)
ARTICLE 1.4 TIME AND COST
$ 1,4.1 Unless otherwise indicated, the Owner and the Architect shall perform their respective obligations as
Ixpeditiously as is consistent with normal skill and care and the orderly progress of the Project' Upon the written
."qu",toftheowner'the@schedulefortheperformanceoftheDesignatedServiceswhieh
may be adjusted upon Owner's approval as the Project proceeds, and shall include allowances for periods of time
required tor ttte Oinef rwie* una fo. approval of submissions by authorities having jurisdiction over the Project'
Time limits established by this schedule upon upprouul by the Owner shall not, except for reasonable cause, be
exceeded by the Architeci or Owner. If the Architect is delayed in the performance of services under this
Agreement by the Owner, the Owner's Consultants, V
applicable schedule shall be adjusted accordingly.
(Insert time requirements, if anY.)
I work shall be completed for each phase within the times indicated in Exhibit B.
$ 1.4.2 The Owner shall establish and update an overall budget for the Project, which shall include the Cost of the
fuork; contingencies for design, bidding and changes in the Work during construction; compensation of the
Architect, Arihitect's consultants and the Owner's other consultants; cost ofthe land, rights-of-way and financing;
and other costs that are the responsibility of the Owner as indicated by the Terms and Conditions or Designated
Services. Prior to the establishment of such a budget, the Owner and the Architect may agree on Designated
Services that include the utilization of the Architect's or other consultants' services to assist the Owner with market,
financing and feasibility studies deemed necessary for development of such a budget for the Project.
$ 1.4.3 No fixed limit of the Cost of the Work shall be established as condition of this Agreement by the furnishing,
iroposal or establishment of a Project budget unless such fixed limit has been agreed to below or by separate
Amendment made in writing and signed by the parties hereto. Any fixed limit of the Cost of the Work shall be
subject to the limitations and definitions contained in the Terms and Conditions under Part 3 of this Agreement'
(If no fixed limit, leave blank.)
ARTICLE 1.5 ENUMERATION OF DOCUMENTS
I S l.S.t This Agreement represents the entire and integrated agreement between the Owner and Architect and
I iup"rr"d", all"prior negotiations, representations o. ugtee*"nts, either written or oral' All of the documents
8lnit.
referenced and incorporated herein are made a part ofthis Agreement. However. should any language in any ofthe
exhibits to this Agreemen-t conflict witir anlr of the languase contained in this Aereement. the terms of this
Agt""*""t.h"ll **"ti. Thir Ag.""-*t may be amended only by written instrument signed by both Owner and
Architect,
$ 1.5.2 The parts of this Agreement between the Owner and Architect, except for amendments issued after execution
of this Agreement, are enumerated as follows:
$ 1.5.2.1 Form of Agreement Between Owner and Architect, AIA Document 8163 - Part 1, 1993 Edition;
$ i.5,2,2 Descriptions of Designated Services for AIA Document B 1 63, AIA Document B 1 63 - Part 2' 1993 Edition;
$ 1,5,2.3 Terms and Conditions of AIA Document B163, AIA Document 8163 - Part3, L993 Edition.
s 1.5.2.4 Other Documents, if any, forming a part of the contract are as follows:
ilnrrr, any additional documenis, but only if-they are intended to be part of the conffact betvveen the Owner and the
Architect.)
Scope of Architectural Services. dated May 4. 2007. attached and incorporated as Exhibit A'
EeTchedule fo,r Architectural Services. dated Julv 30. 2007. attached and incorporated as Exhibit B.
Insurance Requirements. attached and incorporated as Exhibit C'
ARTICLE 1.6 OTHER CONDITIONS OR SERVICES
(Insert modifications to the Descriptions of Services contained in Part 2 and to the Terms and Conditions contained
in Part 3 of this Agreement')
ECT (Signature
e
name and title)
This Agreement entered into as of the day and year first written above'
(Printed name and title)
9lnit.
DESCRIPI'OA'S OF DESI G NAT ED SERY'CES
forthe Agreement Between Owner and Architect
The current edition of AIA Document A20 t , General Conditions of the Contract for Construction, is adopted by
reference under the Construction phase of this document. Do not use with other general conditions unless this
document is modified.
ARTICLE 2.1 DESIGNATED SERV]CES
$ 2.1,1 In accordance with the Schedule ofDesignated Services and Fees. Scope ofArchitectural Services. and
i,xhibits A and B. completed under Part 1 of this Agreement, the Owner and Architect shall provide the phases and
**t""t d"J-tg*t"d therein and described hslein.
ARTICLE 2.2 PHASES OF DESIGNATED SERVICES
$ 2.2.1 @hase. The @hase is the stage in which the er*ne#+
^are-verified.
conferences occur witl subconsultants. and authorization is given to proceed with schematic design.
Owner will authorize Architect to proceed with Schematic Design Phase.
$ r-r,r Stte Anatysi
@
$ 2.2.3 Schematic Design Phase. The Schematic Design Phase is the stage in which the Architect is authorized to
iroceed with the Design Development Phase and when the general scope, conceptual design, and the scale and
relationship of components of the Project are established.
$ 2.2.4 Design Development Phase. The Design Development Phase is the stage in which the size and character of
itre lro;ect ire furthefrefined and described, including architectural, structural, mechanical and electrical systems,
materials, and such other elements as may be appropriate. Owner will authorize Architect to proceed with Contract
DeveloDment Phase.
$ 2.2.5 Contract Documents Phase. The Contract Documents Phase is the stage in which the requirements for the
fuork are set forth in detail. Owner will authorize Architect to proceed with the Permittine Phase.
$ 2,2.6 Bidding or Negotiations Phase. The Bidding or Negotiation Phase is the stage in which bids or negotiated
iroposals are iolicited and obtained and in which iontracts are awarded. owner will authorize Architect to proceed
with the Construction Phase.
S 2.2.7 hase. The hase is the stage in
i"rri"5 tir" Work is performed by-one o. more een*ae+ers-Contractors. and construction administration is Drovided
b!, the Architect. Ovrmer will authorize Architect to proceed with the Follow-up Phase.
$ 2,2.g @hase. The @hase is the post-construction stage in which
assistance in the Owner's use and occupancy of the Project is provided'
$ 2.2.9 Sequence ofPhases. The services for the above phases are generally performed in a chronological sequence
iollowingihe order of phases shown in @rticle 1.1.
S 2,2.9,1 Normal Sequence. The Owner and Architect shall commence the performance of their respective
iesponsibilities with the services assigned to the foremost sequential phase under the completed Schedule of
Designated Services of Part I to this Agreement. Except as provided under Subparagraphs 2.2.9.2 and2.2'9'3,
subsJquent phases shall not be commenced until the Owner has approved the results ofthe Architect's services for
the preceding phase. Such approvals shall not be unreasonably withheld. When phases or services are to be
lnit.10
combined or compressed, their chronology shall continue to follow that shown above, unless otherwise provided in
this Agreement.
S 2.2.9.2 Fast Track. Upon the receipt of the Owner's written authorization for Work to commence prior to
lompletion of the Architect's Contract Documents Phase, the Architect shall provide the services designated in an
overlapping manner rather than in the normal chronological sequence in order to expedite the Owner's early
o""upun"y of all or a portion of the Project. The Owner shall furnish to the Architect in a timely manner
information obtained from all Contractors and prospective contractors regarding anticipated market conditions and
construction cost, availability of labor, materiais and equipment, and their proposed methods, sequences and time
schedules for construction oi th" Work. Upon receipt of their proposed Work schedules, the Architect shall prepare
a schedule for providing services. In the event of a conflict between the proposed Work schedules and the
Architect's proposed schedule, the Architect shall inform the Owner of such conflict'
S 2.2.9.3 Supplemental Services. Supplemental Services may be provided, however, during a single phase or several
phases and may not necessarily follow the normal chronological sequence.
ARTICLE 2.4 DESCRIPTIONS OF SUPPLEMENTAL AND ADDITIONAL SERVICES
Supplemental and additional services are described in Exhibits A and B attached hereto and incorporated herein bY
this reference.
lnit.11
IERMS AND CONDITIO NS
Owner for
ART|CIE2,3 DESeRlffi
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ARTIEE 2-4 DESERIP
SUPPTEMENTAT SERVICES
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lnit.25
eest, Werk required by General and Supplenrentary eenditiens; and an allewanee fer a reasenable
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ef the Werk fer the purpese ef greater eest eenffel; eulminating in a Detailed Estimate ef the Gest ef
-71 EnYirenmentat M
with any publie hearing; rbitratien preeeeding er legal preeeeding,
@Ming-s€rvi€es
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,03 censtruetien administratien ef meek up eenstruetien aetivities
-05 Administratien ef rc
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r77 Fumiture, Fumishings and Equipment Purehasing'4nstallatieq eensisting ef:
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,93 Extended eehFaet Administratien Management; eensisting eft
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TER,!'S AND EOA'B'T'ONS
ef the Agreernenl Eetween Owner and Arehiteet fer Designated Serviees
ARTICLE3.l ARCHITECT'S RESPONSIBILITIES
$ 3.1.1 Designated Services. Unless otherwise provided, the Architect's designated services consist of those services
identifiedinsbeingperformedbytheArchitect,AIchitect,s
employees and Architect's consuliants, and as described in *te Deseriptiens ef Designated Servi€es,Rxhibit B .
$ 3.1.2 Contingent Additional Services. Contingent Additional Services described in Subparagraphs 3.1.2'1 through
1.t.Z.l are noiincluded in the Architect's Designated Services, but may be required due to circumstances beyond
the Architect's control. The Architect shall notify the Owner prior to commencing such services. If the Owner
deems that such services are not required, the Owner shall give prompt written notice to the Architect. If the Owner
indicates in writing that all or part of such Contingent Additional Services are not required, the Architect shall have
no obligation to provide those services.
S 3,1.2,1 Document Revisions. Services required to revise Drawings, Specifications or other documents when such
revisions are:
.1 inconsistent with approvals or instructions previously given by the Owner, including revisions made
necessary by adjustments in the Owner's program or Project budget;
,2 required by the enactment or revision ofcodes, laws or regulations subsequent to the preparation of
such documents; or
S 3.1.2.2 Changes in Project Scope. Services required because of significant changes in the Project including, but not
tmt"O to, sizi quality, compteiity, ttre Owneis schedule, or the method of bidding or negotiating and contracting
for construction, except for services required under Section 1.6.
$ 3.1.2,3 Replacement of Damaged Work. Consultation concerning replacement of Work damaged by fire or other
iause during construction, and furnishing services required in connection with the replacement of such Work.
S 3,1 .2.4 Default by Others. Services made necessary by the default of the Owner's consultants or the Contractor, by
irajor defects or dLficiencies in their services or the Work, or by failure of performance of any of them under their
respective contracts.
S 3.1.2.5 Correction Period. Advice and consultation to the Owner during the correction period described in the
Contracts for Construction or Furniture, Fumishings and Equipment'
S 3.1,2.6 purchasing of Furniture, Furnishings and Equipment by the Architect. If the Owner and Architect agree that
ihe Architect will furchase furniture, furnishings and equipment on behalf of the owner with the funds provided by
the Owner, the duties related to such services shall be set forth in Article L6 of this Agreement. The Owner shall
provide and maintain working funds with the Architect, if required, to pay invoices charged to the Project for
materials and fumishings, to secure cash discounts and for required deposits.
S 3,1.2.7 Services Related to Separate Consultants. The Architect shall provide information to and incorporate
information received in a timely manner from those separate consultants retained by the Owner and identified in this
Agreement whose activities directly relate to the Project.
lnit.27
ARTICLE3,2 OWNER'S RESPONSIBILITIES
$ 3.2.1 Representative. The Owner shall designate a representative authorized to act on the Owner's behalf with
i"rp""t toih" e-i""t. The Owner or such authorized representative shall render decisions in a timely manner
pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and
sequential progress of the Architect' s services.
$ 3.2.2 Notice. prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of
any fault or defect in the Project or nonconformance with the Contract Documents.
i
$ 3.2.4 Information. The Owner shall provide full information regarding requirements for the Project.
$ 3,r,5 ewner's Ftnanei
$ 3.2.6 Tests, Inspections and Reports Furnished by Owner. The Owner shall fumish structural, mechanical,
ihemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests,
inspections and reports required by law or the contract Documents, or unless otherwise provided in this Agreement.
$ 3.2.7 Legal, Accounting and Insurance Services Furnished by Owner. The Owner shall furnish all legal, accounting
ind insurince counselin! services required for the Project, including auditing services the Owner may require to
verify the Contractor's Ipptcations for Payment or to ascertain how or for what purposes the Contractor has used
the money paid by or on behalf of the Owner.
$ 3,2.8 Space Arrangements. The Owner shall provide suitable space for the receipt, inspection and storage of
materials, furniture, furnishings and equipment.
$ 3.2.9 Removal of Existing Facilities. The Owner shall be responsible for the relocation or removal of existing
iacilities, fumiture, furnishlings and equipment, and the contents thereof, unless otherwise provided by this
Agreement.
S 3,2.10 Responsibility for Services. The drawings, specifications, services, information, surveys and reports
iequired of ihe Ownei under the Agreement shail be furnished at the Owner's expense, and the Architect shall be
entitled to rely upon the accuracy and completeness thereof'
S 3,2.1 1 Certificates and Certifications. The proposed language of certificates or certifications requested of the
Arctritect or Architect's consultants shall be submitted to the Architect for review and approval at least 14 days prior
to execution. The owner shall not request certifications that would require knowledge or services of the Architect
or the Architect's Consultants beyond the scope of this Agreement'
$ 3.2,12 Communications and Security Systems. The Owner shall contract for all temporary and permanent
ielephone, communications and security systems required for the Project so as not to delay the performance of the
Architect's services.
ARTICLE 3.3 CONSTRUCTION PHASE
ARTICIE ffi EONTRAC
s 3.3,1
B. I .7 of Exhibit A attached hereto and incorporated herein and otherwise as Owner and Architect shall agree.
I E 4,3,1,1 Intemretatiens and Deeisiens: Timing, Te the extent that the fellewing serviees ef the l+ehiteet have been
I
lnit.28
lnit.29
g g,3,1-2 Interpretatiens and.De€isiens: Ferm and Intent, trnterpretatiens end deeisiens efthe idehiteet shall be
fat{htol+
5 3,g,1,3 Deeisiens en i€s€hetie Bffeet, The idehiteet's deeisiens en matte{s relating te aesthetie effeet shall be final
FrevtdeJin seeden33'
Deeuments-
$3.3.2Durationofhase'TheArchitect'sresponsibilitytoprovideservicesiortheMonstructionPhaseunderthisAgreementcommenceswiththeawardoftheinitial
Contract for Construction or for Furnishings, Fumiture and Equipment, and terminates at the earlier of the issuance
to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work'
6 3.3.2,1 Authoritv of Architect. The Architect shall be a representative of and shall advise and consult with the
2) b), an amindment tq this Agreement. from time to time durins the
IGti,on *riod describ;in the Cbntract for Construction. The Architect shall have authoritv to act on behalf of
th"6**rinl, to, the extent provided in this Agreement unless otherwise modified by written insffument'
Q 3.3,2.2 Coordination. The parties asree that coordination is included in the bid price and is not an extra item of
;;t]i,he o,wner. o{r its;n o,r thr;Gh other consultants or agents. will perform design or other preconstruction
work outside the scope ofArchitect's services on this project'
The Architect shall cooperate with and coordinate the Architect's work with all other consultants. includinq
t il.o.ntutiom. waier. diainase. and sanitary sewer construction adjacent to the project. The Architect reDresents.
ilJT" o"^er relies upoiE! Architect's iepresentations. that it will communicate and coordinate with all other
"lnrult-unts throuehooip;J;t d;ign to;ilre that the Architect's work comprises part of an intesrated desisn that
will function correctl), and as planned when constructed by the Owner'
$ 3,33 eenffaet(s)
ftffit+$retFu{"dshings and Eq €tew-an&i++
W;eenstruettentern
$ 3,3,4 Medifteatien
The Architect is not a guarantor of the other consultant's work. but the Architect does have a duty to inform itself
fuiiv of the other cons;ltants' des'igns in order to ;reate a successfully integrated project. If the A{chitect determines
tTi th" work of anv other conzultait will not coordinate with the Architect's design or work that the other
"*.ultunts'
desisn or wo;k;ill obstruct or interfere with a final. intesrated. and successful project desisn. the
Ghitect will im;ediateil;io,rm the owner oithis conflict. The owner will resolve any disagreements that may
ulre amonerise amonq the, Architect;;;ther consultants over the method. design. or order of doing prcject work. The
Owner's decision on these matters will be final.
$ 3,3,S Autherity ef ldehitcet, The i.rehiteet shall be a representative ef and shall advise and eensult with the Owner
the €efie;den period des€ribed in rh€ eentraet fer eonst{uetien, The idehiteet shall have autherity to aet en behalf
ef dre ewner enly te the ex8ent previded in this Agreement unless etherwise rnedified by rvritten instrufirent,
s 3.3.6 CONSTRUCTION OBSERVATION SERVICES
5 g.g.S.t Architect's Responsibility for Observation. On the basis of on-site observations as an architect, the
Lhitect shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the
Owner against defects and deficiencies in the Work. The Architect shall not be required to make exhaustive or
continuous on-site inspections to check the quality or quantity of the Work.
S 3.3.6.2 project Representation. The furnishing of Project representation services shall not modify the rights'
iesponsibiliiies or obligations of the Architect as described elsewhere in this Agreement'
S 3.3,6,3 Means and Methods. The Architect shall not have control over or charge of and shall not be responsible for
ionstruction means, methods, techniques, sequences or procedures, or for safety precautions and programs in
""""""ti"" with the Work, since these ar" rolely the Contractor's responsibility under the Contract for Construction
and the Contract for Furniture, Furnishings and Equipment. The Architect shall not be responsible for the
Contractor's schedules or failure to carry out the Woit in accordance with the Contract Documents' The Architect
shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or
employees, or of any other persons performing portions of the Work'
$ 3.3.6.4 Access to Work. The Architect shall at all times have access to the Work wherever it is in preparation or
progfess.
S 3-3-6,5 eemrnunt€ati
W;'yanewrttr*e e
S 3.3.6.6 Minor Changes. The Architect may authorize minor changes in the Work not involving an adjustment in
Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract
Documents.
S 3.3.6.7 Coordination of Furniture, Furnishings and Equipment Delivery and Installation. When the Architect assists
the Owner in coordinating schedules for delivery and installation of furniture, furnishings and equipment, the
Architect shall not be resfonsible for malfeasance, neglect or failure of a Contractor, Subcontractor Sub-
subcontractor or material'supplier to meet their schedules for completion or to perform their respective duties and
responsibilities.
$ 3.3.7 COST ACCOUNTING SERVICES
5 g.S.Z.f Certificates for Payment. If certification of the Contractor's Applications for Payment is required by this
igr""."nt, the Architect's certification for payment shall constitute a representation to the Owner, based on the
Architect's observations at the site as providid in Section 3.3.6.1 and on the data comprising the Contractor's
Application for payment, that the Work has progressed to the point indicated and that, to the best of the Architect's
mowleage, information and belief, quality of the Work is in accordance with the Contract Documents. The
foregoin! representations are subjeci to an evaluation of the Work for conformance with the Contract Documents
upon'So6'.tuntial Completion, to iesults of subsequent tests and inspections, to minor deviations from the Contract
Documents conectabli prior to completion and to specific qualifications expressed by the Architect.
S 3.3.7.2 Limitations. 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 means,
methods, techniques, sequences or procedures, (3) reviewed copies ofrequisitions received from Subcontractors and
material suppliers and otiier data requested by the Owner to substantiate the Contractor's right to payment or (4)
ascertained how or for what purpot" the Contractor has used money previously paid on account of the Contract
Sum.
lnit.30
s 3.3,S TNSPECTION AND TESTING ADMINISTRATION SERVICES
I i g.S,O,f Reiection of Work. pxeept as previded o the extent required by this Agreement and
I irodifications thereto. except as provided in Section 3.3.8.3. and upon consultation and aporoval from Owner' the
lA'"ht@rejectWorkwhichdoesnotconformtotheContractDocumentS.Wheneverthe
I Ar"hir.., considers it necessary or advisable for implementation of the intent of the Contract Documents, the
I Architect will have authority to require additional inspection or testing of the Work in accordance with the
I orovisions of the Contract Documents, whether or not such Work is fabricated, installed or completed' However,
I n"lttrer this authoritv of the Architect nor a decision made in good faith either to exercise or not to exercise such
I authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and
I equipment .upfli"rc. their agents or employees or other persons performing portions of the Work.
S 3.3.S.2 Review and Inspection of Work. The To the extent required bv this Agreement and modifications thereto.
ile Architect shall review final placement and inspect for damage, quality, assembly and function in order to
determine that furniture, furnishings and equipment are in accordance with the requirements of the Contract
Documents.
S 3.3,8.3 Rejection of Work Involving Furniture, Furnishings and Equipment. Unless otherwise designated, the
i.rchitect's duties shall not extend to the receipt, inspection and acceptance on behalf of the Owner of furniture,
furnishings and equipment at the time of their delivery to the premises and installation' The Architect is not
authorizel to rejeit nonconforming furniture, fumishings and equipment, sign Change Orders on behalf of the
Owner, stop the Work, or terminate a Contract on behalf of the Owner. However, the Architect shall recommend to
the Owneriejection of furniture, furnishings and equipment which does not conform to the Contract Documents.
Whenever the Architect considers it necessary or advisable for implementation of the intent of the Contract
Documents, the Architect will have authority to require additional inspection or testing of furniture, furnishings and
equipment in accordance with the provisions of the Contract Documents, whether or not such furniture, furnishings
and equipment is fabricated, installed or completed.
$ 3.3.9 SUBMITTAL SERVICES
5 g.g.S.t Submittal Review. To the extent required by this Agreement, the Architect shall review and approve or take
ither appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only
for thelimiied purpose of checking for conformance with information given and the design concept expressed in the
Contract Documents. The Architeit's action shall be taken with such reasonable promptness as to cause no delay in
the Work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the
Architect's professional judgment to permit adequate review.
S 3.3.9.2 Limitations, Review of such submittals is not conducted for the purpose of determining the accuracy and
iompleteness ofother details such as dimensions and quantities or for substantiating instructions for installation or
perfirmance of equipment or systems designed by the Contractor, all of which remain the responsibility of the
Contractor to the extent required by the Contract Documents. The Architect' s review shall not constitute approval
of safety precautions or, unl"s otherwise specifically stated by the Architect, of construction means, methods,
techniquei, sequences or procedures. The Architect' s approval of a specific item shall not indicate approval of an
assembly of which the item is a component.
S 3.3,10 Reliance on Professional Certification. When professional certification of performance characteristics of
materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon
such certification to establish that the materials, systems or equipment will meet the performance criteria required by
the Contract Documents.
ARTICLE 3.4 USE OF PROJECT DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS
$ 3.4.1 Architect's Reserved Rights. The Drawings, Specifications and other documents prepared by the Architect
iorthisProjectareinstrument'oftheArchitect,sserviceforuse
etherwise previded, the Adehiteet shall be deern€d *re auther efthese deeuments and shall retain all eefi]fnen larv;
statutery ard ethe with respect to this Project. Original documents"
dlrawings. designs. reports. or any other records developed or created under this Agreement shall belon$ to an
G-rrri- th" o.o*rqu bf the, Clwner. All records submitted b)' the Owner to the Architect will be safeeuarded by the
F"hitecl-Fchitect shall make such data. documents. and files available to the Owner upon the Owner's reQuest'
f he Owner's use or reuse of any of the documents. date. and files created by Architect for this Project bY anYone
lnit.31
other than Architect on any other rlroiect shall be without liability or legal exposure to Architect. Achitect further
ilk --l"d*, thut Ownels a ou6lic agency. subject to the public disclosure laws of the State of Washington.
Should u oublic records request be received requesting a copv of Architect's Instruments of Service. Owner must
make those records available to that requesting party'
$ 3, 1,2 timitatiens en EIse, The ervner shall be permitted te ret+in eepies; ineludir€ rePredueible eePies; ef *te
F'rqieet Drawtngs' Sp€
ewner's use and eeeupaney ef the Prqjeet, The Prqieet Drarvings; Speeifieatiens er etlrer deeufirnts shall net be
reser+e+righ+s"
ARTICLE 3.5 COST OF THE WORK
$ 3.5.1 DEFINITION
5 l.S.f .f Total Cost. The Cost of the Work shall be the total cost or estimated cost to the Owner of all elements of the
Project to be included in the Contract Documents.
S 3.5.1.2 Items Included. The Cost of the Work shall include the cost at current market rates of labor and materials
irnnished by the Owner and equipment designated, specified, selected or specially provided for by the Architect in
the Contract Documents, inctuiing the costJof the Contractors' management or supervision of construction or
installation, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a rea^sonable
allowance foi contingencies shall be included for market conditions at the time of bidding and for changes in the
Work during construction.
S 3.5.1.3 Items Excluded. The Cost of the Work dbes not include the compensation of the Architect and the Owner's
or Architect's consultants, the costs ofthe land, rights-of-way, financing or other costs which are the responsibility
of the Owner as provided in Article3.2'
s 3.5.2 RESPONSIBILITY FOR CoST OF THE WORK
i l.S.Z.f Limitation of Responsibility. Evaluations of the Owner's Project budget, preliminary estimates of the Cost
6f tfr" Wo.k and detailed estimates of th" Cort of the Work, if any, prepared by the Architect, represent the
Architect's best judgment as a design professional familiar with the construction industry. It is recognized,
however, that neither the Architect;oi the owner has control over the cost of labor, materials or equipment, over
the Contractor's methods of determining bid prices, or over 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 project budget or from any estimate of the cost of the work or evaluation prepared or agreed to by the
Architect.
S 3.5,2.2 Fixed Limit of the Cost of the Work. If a fixed limit of the Cost of the Work has been established, the
f1s5i1es1 Ehall+€f€,ffii+t€d+€Fshall. in coordination with and upon the express permission of the Qwner. include
contingencies for design, UiaAi.rgt"a pric" escalation, to determine what materials, furniture, furnishings and
equipment, component systems and types of construction are to be included in the Contract Documents, to make
reasonable adjustments in the scope of tne Prolect and to include in the Contract Documents alternate bids to adjust
the Cost of the Work to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the
Contract Sum occurring after execution ofthe Contract for Construction.
S 3.5.2.3 Adjustments. If the Bidding or Negotiation Phase has not commenced within 90 days after the Contract
Documents are submitted to the Oliner, the Project budget or fixed limit of the Cost of the Work shall be adjusted to
reflect changes in the general level of prices in the construction industry between the date of submission of the
Contract Documents to the Owner and the date on which bids or negotiated proposals are sought.
$ 3,5.2.4 Owner,s Responsibility to Meet Fixed Limit. If a fixed limit of the Cost of the Work (adjusted as provided
i'n Section 3.5 .2.3) is exceeded ty the lowest bona fide bid or negotiated proposal' the Owner shall:
lnit.32
,1 give written approval of an increase in such fixed limit;
.2 authorize rebidding or renegotiating of the Project within a reasonable time;
.3 if the Project is abandoned, terminate in accordance with section 3.9; or
.4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost.
$ g-5,2,S
^eehiteet's
Respensibility te l\teet Fixed timit, If the ewner eheeses te preeeed under Seetien 3,5'2'4'4;
Wie"tp"ns-tt"rrttnprepari@l/Gseerttenefthts
ARTICLE 3.6 PAYMENTS TO THE
$ 3.6.1 Direct Personnel ExPense.
ARCHITECT
Adjustments may be made annually by the City'
$ 3.6,2 Reimbursable Expenses. Reimbursable Expenses are in addition to compensation for the Architect's services
ind include expenses incurred by the Architect and Architect's employees and consultants in the interest ofthe
Project, as identified in the following Clauses:
.1 transportation in connection with the Project, authorized out-of-town travel, leng4istanee
eemrnr*nieatie+s-*and fees paid for securing approval of authorities having jurisdiction over the
Project;
,2 reproductions, postage and handling of Drawings, Specifications and other documents;
.3 faesimile+ervieesrcourier services, overnight deliveries or other similar project related expenditures;
.4 if authorized in advance by the Owner, expense of overtime work requiring higher than regular rates;
.5 renderings, models and mock-ups requested by the Owner;
.6 additional insurance coverage or limits, including professional liability insurance, requested by the
Owner in excess of that normally canied by the Architect and Architect's consultants; and
.7
Pr€j€e+
$ 3.6,3 payments for Contingent Additional Services and Reimbursable Expenses. Payments on account of the
ir"hit""t;, Contingent Additional Services and for Reimbursable Expenses shall be made monthly upon
preSentationofthe-Architect,sstatementofservicesrenderedoreXpenses
foregoing orovisions. sections 3.6.1' and section 3.6'2.
Init.
time shall be eemituted in the manner set ferth in ldtiele l '6'
33
S A,6,5 ehanges
^ffe€ting
Pereentage eernpensatien l\[ethed, Wh€n eernpensatien is besed on a pereentage ef
ee*ens*i*e+"
n" ,*eh bid er prepesal is reeeived, *re npst reeent preliminrt' estimate ef eenstruetien eest er detailed estimate ef
$ 3.6.6 payments Withheld. No deductions shall be made from the Architect's compensation on account of penalty,
iiquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the
V/ork other thanthose for which the Architect has been found to be liable.
$ 3.6.7 Architect's Accounting Records. Records of Reimbursable Expenses, of expenses pertaining to Contingent
iAaitionat Services, and of aiO services performed on the basis of a multiple of direct Personnel Expense shall be
available to the Owner or the Owner's authorized representative at mutually convenient times.
ffi
$ 3-7,4 rl+bitratien, Demand fer arbitratien shall be filed in rvriting with the etlrer partY te this A4eement and with
the Amertean r\dbttra
"l*im,
dispute er ether matter in questien has arisen, In ne event shall the demand fer a#bitratien be made afte{ the
date rvlren institutien eflegal erequitable preeeedings based en sueh elairn; dispute er etlrer matter in guestien
weuld be barred by the applieable statutes ef repese er limitatiens'
theree+
S A,2,5
^ward,
The arvardl rendlered by the arbitrater er arbitraters shall be final; and judtment maY be entered uPen
tt tn aeeerganee wttn a
ARTICLE 3.8 MISCELLANEOUS PROVISIONS
$ 3.8.1 Governing Law. This Agreement shall be governed by the law of the place of the Project. Venue shall be in
the superior court of King County. Washington.
$ 3.g.2 Definitions. Terms-For pumoses of defin n this Agreement shall have the same meaning as
those in AIA Document A20l;G"neral Conditions of the Contract for Construction, and AIA Document#+
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A275ID. General Conditions of the Contract for Furniture, Furnishings and Equipment, cunent as of the date of this
Agreement.
$ 3.8.3 Statutes of Repose or Limitations. Causes of action between the parties to this Agreement pertaining to acts
6r failures to act shall be deemed to have accrued and the applicable statutes of repose or limitations shall commence
to run not later than either the Date of Substantial Completion for acts or failures occurring prior to Substantial
Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after
Substantial Completion.
$ 3.8.4 Waivers of Subrogation. The Owner and the Architect waive all rights against each other and against the
Iontractors, consultants,
-agents
and employees ofthe other for damages, but only to the extent covered by property
insurance during construcion, except such rights as they may have to the proceeds of such insurance as set forth in
the editions of AIA Document A20i, General Conditions of the Contract for Construction, and AIA Document
A27 l, General Conditions of the Contract for Furniture, Furnishings and Equipment, current as of the date of this
Agteement. The Owner and Architect shall each require similar waivers from their contractors, consultants and
agents.
$ 3.8.5 Successors and Assigns. The Owner and Architect, respectively, bind themselves, their partners' successors'
issigns and legal representa:tives to the other party to this Agreement and to the partners, successors' assigns and
legal represenlatives of such other party with respect to all covenants of this Agreement. Neither Owner nor
Aichitect shall assign this Agreement without the written consent of the other'
$ 3.8.6 Titles and Headings. The titles and headings in this Agreement are for convenience and shall not be
interpreted as supplemeniing or superseding the intent ofthe parties as expressed in the body ofthis Agreement'
$ 3.8.7 Third parties. Nothing contained in this Agreement shall cIjeate acontractual relationship with or a cause of
action in favor of a third party against either the Owner or Architect'
$ 3.8.8 Hazardous Materials. Unless otherwise provided in this Agreement, the Architect and Architect's consultants
Ihull huu" no responsibility for the discovery, p."sen.", handling, removal or disposal ofor exposure ofpersons to
hazardous materials ortoxic substances in anyform at the Project site. Ifthe 1\dehiteet is req
@
+rdemrdfieatie,*However. the Ar&ibct is required to give notice to Owner upon the discoverv of hazardous
substances in the course of project work'
$ 3.8.9 publicity. The Architect shall have the right to include representations of the design of the Project, including
ihotographs of the exterior and interior, among the Architect's promotional and professional materials. The
Archileci'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
o. p.oprieta.y. The Owner shall provide professionit credit for the Architect on the construction sign and in the
promotional materials for the Project'
$ 3.S.10 Conflict of Interest. Except with the Owner's knowledge and consent, the Architect shall not (1) accept trade
iiscounts, (2) have a substantial direct or indirect financial interest in the project, or (3) undertake any activity or
employment or accept any contribution, if it would reasonably appear that such activity, employment, interest or
contribution could compromise the Architect's professional judgment or prevent the Architect from serving the best
interest of the Owner.
$ 3.8.11 The parties intend that an Independent Contractor-Employer Relationship be created bY this A9reement and
itiiEe Arci]tec,t has the ability to control and direct the performance and details of its work. the Owner bein8
interested only in the results obtained under this Agreement.
lnit.35
lnit.
$ 3.8.12 Jn the hiring of employees for the performance of work under this Asreement or anY sub:contract. the
A."hit""t o, un, oerson actilgln behalf of the Architect shall not. by reason of race. religion. color' sex' ase' sexual
lEitution. nffial origin. or ttre presence of any sensory. mental. or physical disability. discriminate against anY
performlhe work to which the emoloyment relates. Archilect shall execute
if," uttu"h.d Citu of Kent Equal Emplovment Oppoftunity Policy Declaration. complv with Owner's Administrative
policv 12. and upon completion of the contract work. file the attached Compliance Statement.
S 3.8.13 Architect shall defend. indemnify. and hold the Owner. its officers. officials. emplo:/ees. agents. and
;lunteers haffirless from an], and all cfims. injuries. damages. losses or suits. including all legal costs and attorney
6es. arisinsarising o,ut of or in c;;;-ection with the Architect's performance of this Asreement" exceDt for that Portion of
th" injuri". und damages cansed b), the Owner's neglisence. The Owner's inspection or acceptance of anY of
lr"frectk *ork when compl,eGditrall not be Eounds to avoid any of these covenants of indemnification. Should a
at this Asreement is subiect to RCW 4.24.115. then. in the event of
iluliiiuEi6mases-a1"is;g out of bod[v injur], to persons or damages lo property caused by or requlting from the
the Ctwner. its officers. officials. employees. agents. and volunteers. the
Architect's liibility hereunder shall be only too the extent ofthe Architect's negliEence'
The provisions of this section shall survive the expiration or termination of this A8reement'
$ 3.8.14 The failure of Owner to insist upon strict performance of any of the covenants and agreement contained in
ihis Agreement. or to exercise an), option conferred by this Agreqment in one of more instances shall not be
lonstru-ed to be a waiverlr relinduGf,ment of those covenants. aereements. or options. and the same shall be md
remain in full force and effect.
$ 3.8.15 All comrnunications regarding this Agreement shall be sent to the parties at the addresses listed on the cover
il* of this Agreement. unles,ilotified to the contrary. Any written notice hereunder shall become effective thee
dburioos dls after thllate of nrailing b), registered or certified mail. and shall be deemed sufficiently given if
iJAgreement or such other address as may be hereafter specified in
writing.
S 3.8.16 The Architect agrees to complv with all federal. state. and municipal laws. rules. and re8ulations that are
cable to Architect's business. equipment. and personnel ensaged in
oneratio,ns coveredl by this Agreement or accruing out of the performance of those operations.
$ 3.8.17 The Architect shall procure and maintain for the duration of the Agreement' insurance of the tYPes and in the
ffi*ts des.rib,ed in Exhiblt q which is attached and incomorated bv this reference. The certificate and
endorsement shall be attached and incorporated as Exhibit C bv this reference.
ARTICLE 3.9 TERMINATION, SUSPENSION OR ABANDONMENT
$ 3,9.1 Termination for Breach. This Agreement may be terminated by either party upon not less than seven (Zldays'
idvance written notice should the otheiparty fail substantially to perform in accordance with the terms ofthis
4gr-""-"nt, through no fault of the party iniiiating the termination. Failure of the Owner to make payments to the
Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for
termination.
$ 3,9.2 Suspension. If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall
6e compensated for services pertormed prior to notice of such suspension. When the Project is resumed, the
Architect's compensation stratt Ue equltaUty adjusted to provide for expenses incurred in the interruption and
resumption of the Architect's services'
$ 3.9,3 Termination on Abandonment. This Agreement may be terminated by the Owner upon not less than seven
iays' written notice to the Architect in the event that the Project is permanently abandoned' If the Project is
36
abandoned by the Owner for more than 90 consecutive days, the Architect may terminate this Agreement by giving
written notice to the Owner.
$ 3,g.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be
considered substantial non-performance and cause for termination'
$ 3.9.5 Suspension by Architect. If the Owner fails to make payment when due the Architect for services and
J"p"nr"r, the Architect may, upon seven days' written notice to the owner, suspend performance of services under
this Agreement. Unless puy-"nt in full is received by the Architect within seven days of the date of the notice, the
suspen"sion shall take efficiwithout further notice. In the event ofa suspension ofservices, the Architect shall have
no iiutitity to the Owner for delay or damage caused the Owner because of such suspension of services.
$ 3.9,6 Compensation of Architect. In the event of termination not the fault of the Architect, the Architect shall be
!o*p"nrut"d for services performed prior to
nation.
$ 3S-? Te{nt'natten Exe
itaute te termln*
pereentage ef dhe tetal eernpensatien fer all serviees earned te the time ef terminatien; as fellewsi
@
subsequenfphase;
lnit.37
I, Susan Jensen, Assistant City Attomey, hereby certify, to the best of my knowledge, information and belief, that I
created the attached final document simultaneously with this certification at 10:12:56 on 10109/2007 under Order
No. 1000286400_l 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 163rM - 1993 - Standard Form of Agreement Between
Owner and Architect with iescriptions of Designated Services and Terms and Conditions, as published by the AIA
in its software, other than changei shown in the attached final document by underscoring added text and striking
over deleted text.
Certification of Docu ment's Authenfi ci$
NAa Document D4011M - 2003
/J-{^J
(Title)
o--+L*r* I & oc,7-
(Dated)
AIA Document D401 rM - 2003. Copyright @ 1992 and
Copyright Law and lnternational
civil and criminal penalties, and
2003 by The American lnstitute of Architects. All rights reserved. WARNING: This AIA@ Document
is protected by U.S.Treaties.Unauthorized reproduction or distribution ol this AIA@ Document, or any portion of it,
may result in severe will be prosecuted to the maximum extent possible under the law, This document was produced by
AIA soltware at 10:1 2:56
1
User Notes:
on 1010912007 under Order No.1 000286400_1 which expies o^ 211512008, and is not lor resale.
(2632537149)
EXHIBIT A: Scope of Architecturol Services
KENT RUSSELL ROAD OPERATIONS CENTER
CONTRACTNUMBER:
REVISION NUMBER:
CONTRACT DATE
REVISION DATE:
This scope of work describes consultant work necessary tg qet building permits and competitive bids for
remodeted and expandlJt".ifiti"J at tne Xent'iussefin6"O 6pentionJCenter hereinafter referred to as
KRRoc. DevetopmeniJf
'tilil r""iiit"i *lrt"ri. r"#ar viaii. inis scope of work and the associated
fees are inrended to o"'iliioJ" to reJiin"rgiil;;&;id ionditions ovbr time and both are expected to
be revised qs lhe project progresses'
This scope of work will be authorized in phases. At the end ol the schematic Design Phase and at the end
of rhe Design DevetopmJ;t;ilidFniti rnrl.o;;; **i
""d.issociated
fees shallbe reviewed and
revised to contorm to Oesign an-dludget d'ecisions made by the City at that time'
This Architectural contracr will provide all civil en-gineering services necessary at the Russ.ell Road site'
Landscape design witt ;'p;;;iffi Uy tn" City. C"oorOinaTion will be necessaiy with already funded
improvements to that ril ffiiffi;" i.n"Orf,jO foicompretion prior to the commencement ol construction
for work designed unoei-tnii coniiici. sore ."ir;, o.i3ig" *or[ may oe necessary to support these already
funded elernents, and this scope descriOes earry- |eiign-work which has already been identified'
A.OVE EW
B.K E HIL PE ro c R EH
work related to the East Hill operations center is not in this contract'
c.ENT R ELL OAD OP ERATIO CENT ER (KR ROC)
c1. BASIC ARCHFEqTURAL SFRVTEq
The Architect,s Basic Services consist of the seven desrgn phases described in Paragraphs C1'1
through cr.z, anJinclude normal struciurar, methunirlf
"no
electrical engineering services' Basic
services shail atso inctude setection "t
riJ.iiLriij''pT;li io be provide.o ?t puT of the construction
contracts. Each consultant shall incorporate Green Design goals into their work'
Civilengineering design of earthwork, water, storm water or waste water utilities' and pavements'
and laniscape architecture are included'
Basic services shall include estimates of the cost of construction provided by the mechanical'
electrical and civil engineers, by the landscape iichitect and by an independent cost estimator'
Drawinos shall be provided in 1 1 x 17 and 22 x 34 in format to scale'
Di;*il6; shall be in Auto-Cad and supplied digitally'
Reports shall be provided in 81/zx 1 1 format'
1.1 has agner to review the condition the buildings and
site, to assess compliance with code standards, and to refine earlier Master Plan concePts for use
s and construction of new
ol the site, including remodeling and expansion of ex
buildings.These architectural servlces willbe based
contract.Construction of this work is expected to begin after comPletion of the East HillfacilitY
isting building
on the recom mendations ol that existing
The city is also independently making. changes to the facility which.will be completed over the next
two vears. This task ir iil;&id;oeiijt fu"d gunoort serviies for that work which must be
iot'pitieO prior to the main renovation ol the facilfty'
WAGNER ARCHITECTS
Page 1 ol 7
EXHIBIT A: Scope of Architecturol Services- rENr nussnriRoAD oPEMTIoNS cENTER
Thiscouldincludecivilengineering,electricaleng.ineering,architecturalwork,specialtyequipment'
and possibty tandscape architecrure. ri iil)/ lJq,iiie geo-i6cnnicalwork or soils remediation'
Thefirstidentiliedrequirementworkrelatingtolheexistingundergroundfueltanksandlhedesign
ot a new rvrt",n'init-n-*w above graoei;;[s.- inis witt re[uire co-nsideration of existing and future
underground til;;;,;d th; i.,it.tion oiine t<ey carO access and control system to used at East
Hilland throughout CitY sites'
c1.1.zThe choices, pros and cons, and costs ol alternate key-card access and fuel vending systems will be
presented for the city to choose from. #;l.i; ;pedifications and bidding documents will then be
prepared for the system necessary t" r"-"iiitliinr rir* irei svttem to be initalle'd in 2007 or 2008 at
Russell Road.
cl.l.3Changestothestormwater,wastewater,andwaterutilitiesnecessarytosupportworkatthe
Russeil Road site in the years 2007, Zi:odil t009 wilt oe identltied'
'changes to,paving', fencing'
and tandscap" iioiiri"tio'"*itt atso o" lo-entiiJJ-ni tn" direction of the city, complete bid
Jocuments tivilt Ue prepared lor any of this work'
cl.l.4changestothebuildings,electricalsyslems,andme^chanicalsystemsnecessarytosupportworkat
the Russel Road sire in rhe years 200a, i'd6{;;J t008 y,ll be identified. At the direction of the
City, comptet" 6iO-OJ.ur"nfswill be prepared for any of this work.
c1'l.5GreendesignelementsidenrifiedintheMasterPlanlorthesitewillbeincorporated.
C1.1.6 DELIVEBABLES
StuOies and documents per tasks C1'1'1 through C1'1'5
theNovember2006,'on:ll|.!i9nbudgetandtimeschedule,and
based on any mutually agreed ,pon ptJg;;, uragJt, plan, and scnedule requirements, the
Architecr shal prepare, for approvaf n'i"nfCii', SJnii'riitii'Oesign Documenis consisting of
drawings uno oin; ooiureni, irrustrdtinftne'scae ano relationship of Project components'
C1.2,2 SD DELIVERABLES
Oti*ingt showing existing buildings and site
Demolition drawings
Phasing drawings showing construction allowing operations to conlinue during construction
For each Building:
Buildini'Fioor plans with work stations and special equipment shown
Building Elevalions
Building Sections
Structural Foundation Plans
Structural Framing Plans
Building Mechanical Drawings with systems identified
auifOin! Electrical and Communication Layouts
Preliminary Power One Line Diagrams
Landscape Plans showing planting areas and general type of material
Ftins strbwing Areas where lrrigation will be necessary
Preliminary layout of camera locations for yard surveillance
Electrical Schi;matic Site Plan with Lightin!, Power, and connections to transformers' and Gen Set
WAGNEB ARCHITECTS
Page 2 ol 7
EXHIBIT A: Scope of Architecturol Services
KENT RUSSELL ROAD OPERATIONS CENTER
Project Manual-
Revised Program Summary and Summary of Key Project Elements
Refined development schedule
Outstanding lssues
Code Summary: Building, Energy, ADA, Zoning
Design Narratives describing major building systems
Architectural
Mechanical
Electrical
Communications
Outline jSpecif ication
Estimate ol Probable Construction Cost
Three dimensional block diagram of the site'
C1.2.g PBESENTATIONS
The Architect will present the Schematic Design Documents to:
The Steering Committee
The City stafl using the lacilities
The building and fire departments
Cl.2.4 CITY RESPONSIBILITY
The C1y will review the Schematic Design submission, and provide approval.or redirection to the
Archite6t. lf the Estimate of Probable C6nstruction Cost is higher than the City's budget, the City
will work with the Architect to identify changes necessary to balance budget and estimaled cost.
Cl.3 DESIGN DEVELOPMENT PHASE
icDesignDocuments,andincorporatinganyadjustments
iutnoriteO OV tn6 City in the program, th-e design concepl, or the Project budget, the Architect will
refine the Pr6ject deiign to tX ttrl size and character of each component ol the entire Project.
C1.3.2: DD DELIVERABLES
Drawings showing existing buildings and site
Demolition drawings
Fnasing drawingsihowing construction allowing operations to continue during construction
Architecturalsite Plan with Buildings, Paving, and Landscape areas
Drawings of major site leatures
For each Building:
Building Floor Plans
Building Floor Plans with work stations and special equipment shown
Reflected Ceiling Plans
Enlarged Floor Plans
Rool Plans
Building Elevations
Building Sections
WallSections
Finish Schedules
Door Schedules
Window Schedules
StructuralNotes
Structural Foundation Plans
51412007
SCOPE OF SERVICES: KENT RUSSELL ROAD OPERATIONS CENTER
WAGNER ARCHITECTS Page 3 ol 7
EXHIBIT A: Scope of Architecturol Services
KENT RUSSELL ROAD OPERATIONS CENTER
Structural Framing Plans
Structural Sections
TYPicalSteel Details
TYPical Concrete Details
TyPicalWood Details
Building Plumbing Plans
Building HVAC Plans
Significant Mechanical Details
Building Lighting Plans
Building Power Distribution Plans
Building data and communication plans
Fire Alarm sYstem Plans
Equipment Plans showing location within each building
EquiPment lists keYed to drawings
Odtait sfetcnes as necessary tobxflain equipment and installation
Floor plans showing furniture and partition systems
Site Power and Communications Distribution Plan
Site Lighting Plan
Project Manual- SJ.t"ry of Changes to Key Project Elements since Schematics
Refined develoPment schedule
Outstanding lssues
Code Summary: Building, Energy, ADA, Zoning
Draft specilications describing a1l building. systems
with cui sheets on each piece of proposed equipment
with proposed basis for final bidding and construction phase
ad ministrative boiler-Plate
Estimate of Probable Construclion Costs
SamPles ol Building Materials
Three dimensional block diagrams of the site'
C1.3.3 PRESENTATIONS
The Architect will present the Design Documents to
The City staff who will use the facilities
The CitY's Building DePartment
C'1 .3,4 CITY RESPONSIBILITY
The City witt teul&ine oesign Development submission, and,proYjde qPqr:)/3| or reciirection to the
Architect. rr tne Eitmlte of Frobabte bonstruction Cost is higher than the City's budget, the City
willwork witn fne eicfritJ.tto identify changes necessary to b-alance budget and estimated cost'
cl.4 CONTRACT DOCUMENI=PHISE=
C1.4.1 Based on me af,t6FOGi!'-n-Development Documents, and inc_orporating.any adjustments
authorized Oy tiii City in the irogram, the design concept,.or the Project bu{.et, the Architect will
pi"p.rr Conitructiori oocunienii lor each coriponent df the entire.projegt .Thqse Construction
Documents wi1 include all work necessary to o6tain competitive bids and City of Kent building
permits.
51412007
SCOPE OF SERVICES: KENT RUSSELL ROAD OTEMTIONS CENTERWAGNER ARCHITECTS Page 4 ol 7
EXHIBIT A: Scope of Architecturol Services
KENT RUSSELL ROAD OPERATIONS CENTER
C1.4.2 CD DELIVERABLES
Drawings at 65% and 95% and 100% completion . .
Project-Manual with technical, contractual, and bidding requirements
Estirnates of Probable Construction Costs at 95% and 100%
Application lor Building Permits necessary to proceed with construction
This contract will be bid as a lump sum contract using normal architectural conlractual language'
C1.4.3 PRESENTATIONS
The Architect *itiltesent 95 % Construction Documents to the Constructability Consultant, and
work with the Con'sultant to iderrtify ways to avoid diflicult construction details.
C'|.4.4 CITY RESPONSIBILITY
it'te City witt reviewihe Construction Document submission, and. provide a?PIoIl! gj"t"direction to
theArchitect. fi me Estimate of Probable Construction Cost is higher than the City's. budget, the
Ciiy*iff work with the Architect to identify changes necessary to balance budget and estimated
cost.
C1.4.5. FINAL CHANGES
lf the Estimate of proOaUte Construction Cost is higher than the proposed budget, and the City
identifies ctrang-es wnicn wirioring the estimate to ilittrin the budget, the Architect will make those
changes to the Final Construction Documents'
C1.5 PERMITTING
The architect will apply for building permits for the buildings and the site work.
This contract assumes mechanical and electrical permits will be secured by the Contractors'
C1.5.1 DELIVERABLES
City permits to construct the buildings and improve the site'
C1.6 BIDDING PHASE
The architect fitt provide Bidding Documents, answer guestions from prospective bidders, attend a
pre-bid conferenc'e anO site wal(-thru, review the bids, and recommend award of contract.
C1.6.1 DELIVERABLES FOR EACH OF THE THREE CONTRACTS
Bidding OocumJntJincluding draft Bid advertisement, Drawings, and Project Manuals
Pre-Bid Meeting Agenda
Minutes lrom Meeting
Written summary of Bidder Questions
Addendum as n6cessary lor Document clarification
Summary of Bid Results
Letter documenting review of Bidders
Letter recommending award of Bid
51412007
SCOPE OF SERVICES: KENT RUSSELL ROAD OPERATIONS CENTERWAGNER ARCHITECTS Page 5 ol 7
EXHIBIT A: Scope of Architecturol Services
KENT RUSSELL ROAD OPEMTIONS CENTER
Proposed lees are based on the completion schedule outlined in Attachment c' and on a
construclion pnise wtricn does not "n"orniri
oitiicrtties. lf the schedule is extended, or if the
contractor is difficult, or if unexpecteo pioorems:iiiiJ, t " scope, consultant time, and fees will be
adjusted.
C1.7.1 DELIVERABLES FOR EACH CONTRACT
Minutes of weeklY job meetings
logi;"hi.n inciudti ino le_spo-ng to Requesrs for lnformation
[odi wnicn include Field Directives to the Contractor
Change Orders
Reviews of pay Requests and running cost summaries defining the total budgel
Punch Lists I
Fllcommendation for Acceptance of work
As-Buift Drawings ol the work in each conlract
ADDITIONAL SERVICES
Additional services areftscribed separately for dilferent reasons' Some services are necessary to the
basic architectural contract but are more easity'oeiiribed as separale tasks' some are services which are
not now part of the scope of work, and.these ir;;ffiJt- tliptain what is excluded' Some are services
which wi1 be necessary, but the specific scopd'iiilii6l. oitricult io deline before the project is underway'
tn a' cases, rhe fee *t;;il;;5.i"t"0 *iti.,inis'!;6ffro*'orttin"s which tasks arenow included and
which are not.
c2. BUILDING COMMlssloNlNG
The consultant team will provide commissioning services.for building systems to insure they
operate as intenieO. ifiii *if f incruOe iilining j1 italf and documeniation of operational
Procedures'
DELIVERABLES
Operational and Maintenance manuals'
Commissioning reports as necessary for LEED certification'
c3.IDELIVERABLE:ModifycontractdocumentslorLEEDrequirements'
On gding memos on comPliance
Appiication f or certif ication
C4. GRAPHICS
-6ffi;ii-signage
necessary f or the project'
c4.1 DELIVERABLE: Preliminary and final design schedules' Documents which can be incorporated into
the overall bid Package'
c5. VALUE ENG!1'IEER!N9 PFVtEt4t r -:-- -+ ^ ^^i^+ r^,h6r.Thegoalorrneffi.viewthedesignat.apointwherechangescanbemadewithouthaving
to make substantial, costly design reuisionsl This will occur at the end of the schematic Design
stage.
c5.IDELIVEBABLES:Anagendaandmeetingminutesforworkshopmeetingwithallconsultants'A
,"port Oeicrini"i'ptiintiJ .f,"ng;r w*h c6st impacts will be submifted.
c6. GoNSTRUCTABIL|TY.REylFry. .., _ _:!:^ -^r^ ^{ +h^ ^^nrr!Thegoal ot yrelreffiToentify specific parts of the contract documents which may present a
probtem o,. ,nn"I"rraiv iori ouring'cJn;iir'ftiion. This will occur at the 95% completion stage'
Document comP ance with D and apPlY lor certification
WAGNER ARCHITECTS
Page 6 of 7
EXHIBIT A: Scope of Architecturol Services
KENT RUSSELL ROAD OPERATIONS CENTER
c6.IDELIVERABLES:Anagendaandmeetingminutesforworkshopmeetingwithallconsultants.A
Lport OeicriOing poientlal pront"rs and sblutions will be submitted.
c7. BUILDING ENVELOPF REVIEW AND,.DESIGN
The goal of tnffi for weather-tightness.
c7.1 DELIVERABLES: Recommended details and specifications for building envelope components'
c8. FUEL SYSTEM DESIGN -r !- ..--,^-- T'^^ ^The status ol ttffi system replacement is unclear. The goal of this task to provide complete
design Oocuments-torlire'fuet s!"tem,lne- "n.ioirtt,."nd
thl vending system' This may be
provided by a separate consultant, ro'nole"iate inCtuOeO in the Maich 20lee schedule'
c8.1 DELIVERABLES: Schematic, DD, and cD documents for complete systems' Permitting' bidding'
and construction Phase services'
W**^urveyworknecessary.ThisworkmaybedonebytheCity,sonoJeesareincludedin
the March 20 fee schedule'
cg.1 DELIVERABLES: A site survey in as rnuch detail as necessary for design and construction'
C1O. GEOTECHNICAL STUDIES
provide any g6lG6iiaiwork necessary for work on this.site. The scope of work will be unclear
untit a specific-6*'iiiig is proposeO. An aito*ance is included in the fee schedule'
C5.1 DELIVERABLES: A geo-technical report in as much detail as necessary for design and
conslruction.
above. This section only highlights work not included in
in this contract has
the contract, but is not meant to suggest that only this work is excluded'
C12. SCHEDULE.=..-effis
shall be provided per the attached schedule'
cl 3. AUTHORIZED PHASF O.NE.SERyICES
ched fee schedule'
cl4. cosroF SERVICES
The cost ol serv]iles shall be per the attached fee schedule, Exhibit B.
Writing the environmental impact review documents'
Testing lab services'
lnterior Design
The costs of printing documents is difficult to estimate in advance, so the fees associated with this
conilact only include one copy of documentt Jei.nirUmission stage' The Consultant will provide
as rnany printed .opi"r'it-i56u"ttJJ nv in" ciiv urt the additional copies will be charged as an
extra cost.
wnoruen ARCHITECTS
PageT ol7
EXHIBIT B: FEE SCHEDULE FOR ARCHITECTURAL SERVICESKENT RUSSELL RO.\D OPERJTIONS CENTEI{621516056575:515:52494E1545444311403g3t36343231302928272422212019118761EXHIBIT B: FEE SCHEDULEcchL1RUSSELL ROAD OPERATIONS CENTERBasic ServicesLandscapeIcdst EstimadnoeecialistEIIE_T_-BSiieBuildinqsThisclSiteSiteBuildinEsSiteBuildinqsSiteTotal Fees for KRROCTotal Basic ServicesSvRRobinsonPaladinoDesidn Maintehahce GrouDTres West10%Bs't,291.033$701,620$ 530,3/5s 53 03A$103,7/0$320-150s$47.900$47,900$4,421$38.6$$47,1$249,439121.52628.000$s707.620$1,503,308endc$23,286s19.425$ f,5los 351$s3.510ss$$$$sss$s$$sIs rs.42s Is23,286Sept,2008SCHEMATICct.1D$ 251,974s1 49.1805 9J,449$ 9345$ss$1E,535s34.120$$t2 600s3.27a$$13,46/$1 5.798ss15,7982,600$1,040s3,640$$9,7J9$3,250$12.00012$ r49,r5u Is -T$ 314,764DecembetScHEMAT|C IpEslGN It 1,252,551 Ic1.2E$ 304,195s180.095s11.2A2s-$-s$$ 2,700$5_460$5,460$10.100$1.1i612 67149.887$24.305$$24,305$$4,000$1,600$c5_00019.982$12,000 l$80$180.095$ 320,495Apdl, 2009320c1.3$ 392,522$i91.640$200.882s18.262ss35.65$$6.760$6,760$$17.0001,0078 401s9.408s9.797$43,749$I,ZgOz,aE0t0 08026 968s9.000$35.968$$ ts1,640$ 465,872Sept. 2009c1.4G$17,5842,640$14,9441.359s$8.095s8,095$$$$$3s$4,990$$2,4312 431400160$560s$1.499 I500$1.999 |500$ 2,540 |s-- Tt18,354Novc'|.5H23,359$11,250$11,589$1.!$s$2,910s$$s$$500500$110$635$4,9902.131s400s1605601,499$500$$1.500$I 1.7a0t24,139Oec-1 0BIDDING192c1.65 274,087$l52,E60s I 10,205$ 11,021$$$15,E75$$$$7.7007,700$1,903$ 5,3E0$$7,2E3$6/,348I32.A12$$32.812$5.400$2.16057,550$$zo,zza6 75026.976$$12.000I$152,E60$ 384,7229October,20t02010c1.7J$ 4,017I $ 3,852Ti--=;i$1,0O7$$3,652$ 4,017KWAGNER ARCHITECTS7l30noo7Page 1 of3
EXHIBIT B: FEE SCHEDULE FOR ARCHITECTURAL SERVICESKENT RUSSELL RO-\D OPERr\TIONS CENTER118117116115114113111i t0t09't 0E107106105103e102lnl10c9!9f979€9591939291908988a786858483818(7E751473727168676€6463ccccccccc10I87654c32Geo-tech workSite SurveyFuel SvstemBuildinq EnvelooeGraphicsLeeds certificationBuildinq CommissioninqEbFEEcEEDcBEccLandauWaqnercMiraladinoUainknance Desion GrouoolvmoicWAGNERPaladinoMaintenance Desion GaouDdAGNERineerinq ReviewPaladinoTres WestolvhoicN,/AGNERBasic ServicesTotal Additional ServicesbA[Weberholt\ilWaqnetAI10'/oB$1,291,033$212,27552284$159.995$14.s15$145,450$i0.000$$10,000$$$$21.000sss8 000s3 000s26 000$9.440$46,440s8_000ss26 0003I 440$43.440$8,500s$19,500s34 S50$3 1.000$85.450I16,000c12.000$3,240$31,240c$23,286$$s$I$$ssssss$$$$s$ss$$I$$c1.1D$ 251,974$52,790$9,440s53 350$4.850$48,500sto 000sI10,000I$$sssss$$s$8.000$s26 000I 440$43,440$$sil 500$4,500$$$c1.2E$ 304,195$16,300$8,600s77s7007.000s$s$$$$$$$$$$s$8,600$7.000$7.000$$$DESIGNIc1.3Fs 392,522$73,350$9,440g63 910s5.8105E.1 00$$$$8.500s$$E,0003 000s26 0009_44046,440$$ss$$!12.500s12.600$$$c1.4G$17,584$770$770$7g700$$s$s$$s$s$$$$$$$700$700$$$c1.5H$23,369$770$$ilo$70$?00$$I$$$$$$s$$$$$s$s$700$700$$c't.65 274,087$ 1 10,635$34.240$/6,395s6 945$6S.450$$$s-t$$12,500$$$$$$$$$$g$$319 500$9.450$3l,000$59,950$3,240$31.240PffiSETRUCTIONc1.7J$61,720184 450$$$$UPFOLLOWKWACNER ARCHITECTS7t30t2007Page 2 of3
EXHIBIT B: FEE SCHEDULE FOR ARCHITECTURAL SERVICESKENT RUSSELL RO-\D OPERATIONS CENTERl9for KRROGRateslntern Archited$ 150.00$ '120.00$------ so-oo$ 75.00s 55.00$1,503,308s23286$ 314,764I 320,495$ 465.872$18,354s24.139$ 3A4,722WAGNER ARCHITECTS7BOn007Page 3 of3
EXHIBIT C
INSURANCE REQUIREMENTS F'OR
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 yhtgh may arise from or in
c5nnection 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 Liabilit)'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 f6rm providing equivalent liability coverage. If necessary, the
policy shall be endorsed to provide contractual liability coverage'
2. Commercial General Liabilit)' insurance shall be written on ISO
occulrence forrn CC OO Ot ana shall cover liability arising from premises, operations,
independent contractors, products-completed operations, persortal i^ry*y and.advertising
injury, and liability assirmed under an insured contract. The Commercial General
fiability insurance shall be endorsed to provide the Aggregate Per Projggl Endorsement
ISO fo;m CG 25 03 11 85. 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
Contrictor's iommei'cial Geireral Liability insurance policy with respect to the work
performed for the City using ISO additional insured endorsement CG 20 l0 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
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'
2. Commercial General Liability lnsurance shall be written with limits no
1essthan$1,00@e,$2,000,000generalaggregateanda$l,000,000
products-completed operations aggregate limit.
aJ
EXHIBIT C lcontinued )
Professional Liability insurance shall be written with limits no less than
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:
1. The Contractor's insurance coverage shall be primary insurance as respect
the City. Any Insurance, self-insurance, or insurance pgol coverag.e maintained by the
City sh-allbe 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. The City of Kent shall be named as an additional insured on all-policies
(except Professional Liability) as respects work performed 9y. .ot on behalf of the
iontrictor anda copy of the endorsement naming the City as additional insured shall be
attached to the Certificate of Insurance. The City reseryes the right to receive a certified
copy of all required insurance policies. The Contractor's Commercial General Liability
insurance shali also contain a ilause stating that coverage shall apply separately to each
insured against whom claim is made or suii 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
A:VII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of lhe amendatory
endorsements, including but
- not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before
commencement of the work.
$5,000,000 per claim and $5,000,000 policy aggregate limit.
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.
AND CONFERS NO RIGHTS UPON THE CERTIFICATE
CERTIFICATE DOES NOT AMEND, DfiEND OR
AFFORDED BY THE POLICIES BELOW
OF INFORMATIONIYIAKE
ONLY
ASATHIS CERTIFICATE IS ISSU
HOLDER. THIS
ALTER THE COVEMGE
NAIC #INSURERS AFFORDING COVERAGE
ROGERS & NORMAN, INC.
The westin BuiJ.ding
2001 Sixth Avenue St'e 27!7
seallle WA 98121
Plrone: 206-443-2600 Eaxz 206-447--6752
20494
US specialty Insurance coINSURERB:
INSURERD:
INSURER E:
wagn€! Architects Pl"anlrers
1915 Pike Place, Ste. 221seattle wA 98101
INSURED
ACOR4 CERTIFICATE OF LIABILITY INSURANCE
COVERAGES
CERTIFICATE HOLDER
OP lDx.r
WAGNE-1
KENTWAl
City of Kents
Attn: CharLie Lindsey DePt of
Parks, Recrealion & Comunity
220 4E}r Ave S.
Rent WA 98032
SHOUID ftY OF THE NOVE OESCRIBED POLICIES BE CANCELLEO BEFORETHE EXPIMTION
DATE THEREOF. THE ISSUING INSURERWLL ENOEAVOR IO flAIL
ilOTICETOTHE CERTIFICATE H@OER NAMEDTOTHE LEFT. BWFALUFEIO M SOSHALL
IMPOSE NO OBLIGA1ION OR LIABILITY OF NY XINO UPONTHE INSURER' ITS AOEMS OR
4 5 oevs wnrner
REPRESEmAIIVES.
AUTHORIZED
THE POLICIES OF INSUMNCE LISTED BELOW HAV€ BEEN ISSUEO TO THE INSURED NAMEO ABOVE FOR THE POLICY PERIOD INOICATEO' NOruITHSTANDINO
ANY REAUIREMENT, TERM OR CONOITION OFANY CONTMCI OR OTHER DOCUMENTWIIH RESPEOT IOWHICH IHIS CERTIFICATE MAY BE ISSUEO OR
MAY PERTAIN, THE INSUilNCEAFFOROEO SY THE POLICIES DESCRIBED HEREIN IS SUAJECT TO ATT THE TERMS' EXCLUSIONS ANO CONDITIONS OF SUCH
POLICIES.ACGREGATE LIMITSSHOWN MAYHAVE BEEN REOUCEO BY PAIO CLAIMS'
POLICY NUMBER
r 1000000EACH &CURRENCE
s 300000TO
x
r 10000UEoExP{tuyone pe6on)
s 1000000PERSONAL!AOV INJURYx
s 2000000
s 2000000PRODUCIS ' @MP/OP AGG
o6/oL/0806/oL/0720 64400800x
x
COMMERCIAL GEN€RAL LIABILITY
x
GEN'! AGGREOATE LIMITAPPLIES PER:
@CUR
L@
wA Stop Gap 32m/L
GENEruLI€ILITY
JECT
A
$ 1000000
AOOILY INJURY
x BODILYINJURY
x
06/ oL/ 0806 / oL/ 012064400800A
SCHEDU!EDAUIOS
HIREO AUTOS
tAUIO ONLY. EAACCIDENT
6
bTHERTHAN
I
IEACH @CURRENCE
5AGGREGATE
$
$
$
@CUR
OEOUOTIBLE
RETENIION
$E.T. EACH A@IDENT
sE.I. DISEASE. EA EMPIOYEE
5E L DISEASE-POLICYIIMIT
ANY PROPRIETOMARINEMXECUIIVE
OFFICEMEMEER EXCLUDEO?
WORKERS COIPENSATION ANO
06/ oL/08 Plof Liab
Ded
2000000
5000
06 / oL/ o7us07 126350 1Professional LiabB
DESCRtpTION OF OpEMT|ONg / !OCAT|ONS /VEHICLES / EXCLUSTONS rcOED BY ENDORSETENT /sPEcrI PROV'SIONS
RE3 project 1r Kent East Hill Opelationa center and ProjecL 23 Kent RuEseLI
Rd operalions centser.The city of Kent is Additional Insured under General
Liability for work performed on their behalf by the Named Insured' coverage
is prinary and non-contributory per atlached forfi s8146968A. E&O limits are
52,OOO,OO0 as respecls the listed projects only.
ACORD 25 (2001/08)
CANCELLATION
@ ACORD oN 1988
IMPORTANT
lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statsnent
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
tf SUBROGATTON lS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this ceftiflcate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of lnsurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively arnend, extend or alter the coverage affoded by the policies listed thereon.
ACORD 25 (2oo',tt08)
IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL
INSURED IN THE EVENT OF OGCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH
C., OF THIS ENDORSEMENT FOR THESE DUTIES.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED ENDORSEMENT
WITH PRODUCTS.GOMPLETED OPERATIONS COVERAGE
&
BLANKET WAIVER OF SUBROGATION
Arch itects, Engi neers and Su rveyors
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
BUSINESSOWNERS COMMON POLICY CONDITIONS
CNA
A. WHO lS AN INSURED (Section C.) of the
Businessowners Liability Coverage Form is amended
to include as an insured any person or organization
whom you are required to add as an additional insured
on this policy under a written contract or written
agreement; but the written contract or written
agreement must be:
1. Currently in effect or becoming effective during the
term of this policy;and
2. Executed prior to the "bodily injury," "property
damage," or "personal and advertising injury."
B. The insurance provided to the additional insured is
limited as follows:
1. That person or organization is an additional
insured solely for liability due to your negligence
specifically resulting from "your work" for the
additional insured which is the subject of the
written contract or written agreement. No
coverage applies to liability resulting from the sole
negligence of the additional insured.
2. The Limits of lnsurance applicable to the
additional insured are those specified in the
written contract or written agreement or in the
Declarations of this policy, whichever is less.
These Limits of lnsurance are inclusive of, and not
in addition to, the Limits of lnsurance shown in the
Declarations.
3. The coverage provided to the additional insured
within this endorsement and section titled
LIABILITY AND MEDICAL EXPENSE
DEFINITIONS - "lnsured Contract" (Section
F.9.) within the Businessowners Liability Coverage
Form, does not apply to "bodily injury" or "property
damage" arising out of the "products-completed
operations hazard" unless required by the written
contract or written agreement.
sB-146968-A
(Ed. 01/06)
4. The insurance provided to the additional insured
does not apply to "bodily injury," "property
damage," "personal and advertising injury" arising
out oi an architects, engineer's, or surveyor's
rendering of or failure to render any professional
services including:
a. The preparing, approving, orfailing to prepare
or approve maps, shop drawings, opinions,
reports, surveys, field orders, change orders
or drawings and specifications by any
architect, engineer or surveyor performing
services on a project of which you serve as
construction manager; or
b. lnspection, supervision, quality control,
engineering or architectural services done by
you on a project of which you serve as
construction manager.
5. This insurance does not apply to "bodily injury,"
"property damage," or "personal and advertising
injury" arising out of:
a. The construction or demolition work while you
are acting as a construction or demolition
contractor. This exclusion does not apply to
work done for or by you at your premises.
C. BUSINESSOWNERS GENERAL LIABILITY
CONDITIONS - Duties ln The Event of Occurrence,
Offense, Claim or Suit (Section E-2.1 of the
Businessowners Liability Coverage Form is amended
to add the following:
An additional insured under this endorsement will as
soon as practicable:
1. Give written notice of an occurrence or an offense
to us which may result in a claim or "suit" under
this insurance;
sB-146968-A
(Ed.01/06)
-
-
Page 1 ol2
2. Tender the defense and indemnity of any claim or
"suit' to us for a loss we cover under this
Coverage Part;
3. Tender the defense and indemnity of any claim or
"suit" to any other insurer which also has
insurance for a loss we cover under this Coverage
Part; and
4. Agree to make available any other insurance
which the additional insured has for a loss we
cover under this Coverage Part.
We have no duty to defend or indemniff an additional
insured under this endorsement until we receive
written notice of a claim or "suit" from the additional
insured.
D. OTHER INSURANCE (Section H. 2. & 3.) of the
Businessowners Common Policy Conditions are
deleted and replaced with the following:
2. This insurance is excess over any other insurance
naming the additional insured as an insured
whether primary, excess, contingent or on any
other basis unless a written contract or written
agreement specifically requires that this insurance
be either primary or primary and noncontributing
to the additional insured's own coverage' This
insurance is excess over any other insurance to
which the additional insured has been added as
an additional insured by endorsement.
3. When this insurance is excess, we will have no
duty under Coverages A or B to defend the
additional insured against any "suit" if any other
insurer has a duty to defend the additional insured
sB-146968-A
(Ed. o1/06)
against that "suit" lf no other insurer defends, we
will undertake to do so, but we will be entitled to
the additional insured's rights against all those
other insurers.
When this insurance is excess over other
insurance, we will pay only our share of the
amounl of the loss, if any, that exceeds the sum
of:
(a) The total amount that all such other insurance
would pay for the loss in the absence of this
insurance; and
(b) The total of all deductible and self-insured
amounts under all that other insurance'
We will share the remaining loss, if any, with any
other insurance that is not described in this
Excess lnsurance provision and was not bought
specifically to apply in excess of the Limits of
lnsurance shown in the Declarations of this
Coverage Part.
E. TRANSFER OF RIGHTS OF RECOVERY AGAINST
OTHERS TO US (Section K.2.) of the
Businessowners Common Policy Conditions is deleted
and replaced with the following:
2. We waive any right of recovery we may have
against any person or organization against whom you
hive agreed to waive such right of recovery in a
written contract or agreement because of payments
we make for injury or damage arising out of your
ongoing operations or "your work" done under a
contraCt with that person or organization and included
within the "products-completed operations hazard'"
sB-146968-A
(Ed. o1106)
Page 2 of 2
Nov 06 A7 11.21a Ezra Teshome 206 322 1357 p.1
CERTIFICATE OF INSURANCE
' SUCH.INSURAI{CE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE
*=6ATIGELED OR OTHERU'ISE TERMINATED WITHOUT GIVING IO DAYS PRIOR I/IRITTEN NOTICE TO THE
CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM
THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY
ANY ROLIGY DESCRIBED BELOW
This certifies that:Entrtrn
has in force for the Named lnsured as shown below:
[] YES E r.to
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, lllinois
STATE FARM FIRE AND CASUALW COMPANY of Bloomington, lllinois
STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXA$ Of DAIIAS, TEXAS
STATE FARM INDEMNITY COMPANY of Bloornington, lllinois, or
STATE FARM GUARANry INSURANCE COMPANY of Bloomington, lllinois
NAMED INSURED: RObert WaqNEr
ADDRESSOFMMED TNSURED: 1q16 pike pl #221 Seattle [ira 981 01-1 056
POLICY NUMBER 1 08 072V-F06-4 7
EFFECTIVE DATE
OF POLIGY 1 2-05-O6 12-)6-07
DESCRIPTION OF
VEHICLE (lncludins VIN)
'93 Chev 51 0 B
IGNDT1 3W9P21 47'I
Lazer
\2
LIABILITY COVERAGE F YEs I r,ro nYEs []ruo I YES I tto trves ilruo
LIMITS OF LIABILIW
a- Bodily lnjury
Each Person
Each Accident
b- Property Damage
Each Accident
c. Bodily lnjury &
Property Damage
Single Limit
Each Accident $1 ,000,000
PHYSICAL DAMAGE
COVERAGES
a. Cornprehensive
E] YES
$zcn
E tto
Deducilible
ENO
Dedudible
n YES
$
I trO
Deduclhle
il YES
$
f,No
Deductibh
! YES
$
b. Collsion
p ves
$ soo
E tto
Dedudible
nruo
Dedudible
fl YEs
$
EItto
Deduclble
I ves
$
[] tto
Deductible
E YES
$
EMPLOYERS NON-OWNEO
CAR LIABILITY COVERAGE Eves E ruo n YES I tro lvrs ENo f]YES DNO
HIRED CAR LIABILITY
COVERAGE IYES El No lYes Emo I]YES nNo fJ ves I uo
FLEET-COVERAGE FOR
ATI OJVI\EDAND UCENSED
MOTOR VEHICTES I ves El No fl ves E ruo EYES n ruo
Number
Name
INTERNAL STATE FARM USE ONLY:
122429.3 Rev. 07-26-2005
Holder
City of Kent
220 4th Ave SKent Vla 98032
Project: Russell Road Operation
Center
e and of
liabilily coverage.Reque€t
Requ€st
lNtulax
Sl^ll r^ru&EBA M. TESI.IOME
AGENT.1607 13th Ar€nue
Ssattle, W498122
Ott: (2oo) 322-3910
Additional lnsured.
Page 1 of1Russell Road Ops Contract
Jensen, Susan
J
Bob, We need. to change the first page of the contract so that the effective date is the date signed by
[r" citv. we wili also correct yorruip code. Please confirm by return emaii that you approve those
changes. Thankyou.
Susan Jensen
City of Kent Law DePartment
Assistant City Attorney
zzo Fourth Avenue South
Kent, WA 98o3z
Phone(zsg) BS6-sZBS
Facsimile (zSS) 8S6-6ZZo
e_uaiLSt ens en O ci.tent.
This message is private and privileged. If you are not the person for whom this message was intended, please delete it and
notify me iilmediatd, and ileas" do not bopy or send this message to anyone else'
From: Bob Wagner [rw@wagnerarchitects.com]
Sent: Wednesday, November 21,200T B:54 AM
To: Jensen, Susan
Subject: RE: Russell Road Ops Contract
Hi susan
My name is Robert wagner and I approve those changes
This one was too easY.
bob
From: Jensen, Susan [mailto:SJensen@ci.kent.wa.us]
Sent: Wednesday, November 2L,2007 B:52 AM
To: Bob Wagner
Cc: Lindsey, Charles; White, TammY
Subject: Russell Road OPs Contract
rr/21/2007