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HomeMy WebLinkAboutR-2008-102 Capitol Theatre - Traho ContractRESOLUTION NO. R-2008-102 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an architectural services agreement with Traho Architecture to provide architectural services for improvements to the Capitol Theatre. WHEREAS, the Washington State Legislature in Laws of 2007, enabled the City of Yakima to create a Public Facilities District for performing arts facilities; and WHEREAS, the enabling legislation provided the eligibility for the City of Yakima to use these funds for improvements to the Capitol Theatre; and WHEREAS, the City of Yakima is the owner of the Capitol Theatre; and WHEREAS, the Capitol Theatre requires additional production capacity space and other improvements; and WHEREAS, to make improvements to the Capitol Theatre it is necessary to have an architect prepare designs and provide other services; and WHEREAS, Traho Architecture has the experience and expertise necessary to provide such architectural services and is willing to do so in accordance with the attached architectural services agreement; and WHEREAS, the City Council of the City of Yakima deems it to be in the best interest of the City of Yakima to authorize execution of the attached architectural services agreement with Traho Architecture for architectural services regarding improvements to the Capitol Theatre, now, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated "Abbreviated Standard Form of Agreement Between Owner and Architect" between the City of Yakima and Traho Architecture, for the provision of architectural services to improve the Capitol Theatre. Final form of the document is to be approved by the City Attorney prior to execution. ADOPTED BY THE CITY COUNCIL this 1st day of July, 2008. ATTEST: Q Arntx,-- City Clerk e./ 1 �,.- eavid Edler, r ayor Init. AIA Document B101' — 2007 Standard Form of Agreement Between Owner and Architect I AGREEMENT made as of the Sixth day of Mayin the year Two Thousand Eight (In wads, indicate day, month and year) BETWEEN the Architect's client identified as the Owner. (Name, address and other information) City of Yakima 129 North Second Street Yakima, Washington 98901 Owner's Representative: Dick Zais, City Manager, or his designee and the Architect: (Name, address and other information) Traho Architects, P.'S 1460 North 16th Avenue, Suite A Yakima, Washington 98902-7102 Telephone Number: 509-452-0609 Fax Number: 509-452-0578 Architect's Representative: Kenneth G. Ormbrek, AIA / President, or his designee for the following Project: (Name, location and detailed description) The Capitol Theatre Expansion Third Street / Yakima, Washington The Capitol Theatre Expansion: Production Center: Pavilion/Community Center; Third Street Plaza The Owner and Architect agree as follows. Le, Z ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document B1011", — 2007 (formerly 13151"4 —1997). Copyright ®1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International: Treaties. Unauthorized reproduction or distribution of this AlA° Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under'the law. This document was produced by AIA software at 10:32:03 on 06/27/2008 under Order No.1000356498_1 which expires on 5/14/2009, and is not for resale. User Notes: (3368.122941) 1 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT EXHIBIT A INITIAL INFORMATION ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Article 1 and in optional Exhibits A, B, C. D, E and F. Initial Information: This Agreement is intended to apply to the specific Work described in Exhibit A pertaining to Site Utility Relocation, the Production Center, Pavilion, Community Center and Third Street Plaza as described in Exhibit A. (Complete Exhibit A, Initial Information, and incorporate it into the Agreement at Section 13.2, or state below Initial Information such as details of the Project's site and program, Owner's contractors and consultants, Architect's consultants, Owner's budget for the Cost of the Work, authorized representatives, anticipated procurement method, and other information relevant to the Project.) See attached Exhibits A, B, C, D, E and F, each attached hereto and incorporated herein by this reference. § 1.2 The Owner's anticipated dates for commencement of construction and Substantial Completion of the Work are set forth below: .1 Commencement of construction date: See attached Exhibit C .2 Substantial Completion date: See attached Exhibit C § 1.3 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the schedule, the Architect's services and the Architect's compensation. AIA Document 81017' - 2007 (formerly 13151 ^" —1997). Copyright ©1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AlA° Document Is protected by U.G. Copyright Law and International Treaties: Unauthorized reproduction or distribution of 2 this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the Law. This document was produced by AIA software at 10:32:03 on 08/27/2008 under Order No.1000356498_1 which expires on 5!14/2009, and is not for resale. User Notes: (3368322941) InlL ARTICLE 2 ARCHITECTS RESPONSIBILITIES § 2.1 The Architect shall provide the professional services as set forth in this Agreement. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. The Architect's representative is Kenneth G. Ormbrek or his designee. § 2.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.5 The Architect shall maintain the following insurance for the duration of this Agreement. If any of the requirements set forth below exceed the types and limits the Architect normally maintains, the Owner shall reimburse the Architect for any additional cost: (1dentib types and limits of insurance coverage, and other insurance requirements applicable to the Agreement, if any.) .1 General Liability See attached Exhibit D .2 Automobile Liability See attached Exhibit D .3 Workers' Compensation See attached Exhibit D .4 Professional Liability, See attached Exhibit D ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in Article 3 are Additional Services. § 3.1.1 The Architect shall manage the Architect's services, consult with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The schedule shall include allowances for.periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, if necessary as the Project proceeds until the commencement of construction. AIA Document B101", — 2007 (formerly 6151 TM -1887). Copyright © 1974, 1978; 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S..Copyrtght Law and International Treaties. Unauthorized reproduction or distribution of this AIA°'Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maulrnum extent possible under the law. This document was produced by AIA software at 10:32:03 an 06/27/2008 under Order No.1000356498_1 which expires on 5/14/2009, and is not for resale. User Notes: (3368322941) Intl § 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution made without the Architect's approval. § 3.1.5 The Architect shall, at appropriate times, contact the governmental authorities required to approve the Construction Documents and the entities providing utility services to the Project. In designing the Project, the Architect shall respond to applicable design requirements imposed by such governmental authorities and by such entities providing utility services. § 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.2 SCHEMATIC DESIGN PHASE SERVICES § 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect's services. § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost of the Work, Project site, and the proposed procurement or delivery method and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (I) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project, including the feasibility of incorporating environmentally responsible design approaches. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2.4 Based on the Project's requirements agreed upon with the Owner, the Architect shall prepare and present for the Owner's approval a preliminary design illustrating the scale and relationship of the Project components. § 32.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner's approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital modeling. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall consider environmentally responsible design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain other environmentally responsible design services under Article 4. § 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics in developing a design for the Project that is consistent with the Owner's program, schedule and budget for the Cost of the Work. § 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6.3. § 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner's approval. § 3.3 DESIGN DEVELOPMENT PHASE SERVICES § 3.3.1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Owner's approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and AIA Document B101TM -2007 (formerly 131511u - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this Ate Document, or any portion of It, may result in severe civil and criminal penalties; and will be prosecuted to the maximum extent possible under the law. This document was produced by A IA software at 10:32:03 on 06/27/2008 under Order No.100035649B_1 which expires on 5/14/2009, ands not for resale. User Notes: (3368322941) electrical systems, and such other elements as may be appropriate. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.3.2 The Architect shall update the estimate of the Cost of the Work. § 3.3.3 The Architect shall submit the Design Development documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner's approval. § 3.4 CONSTRUCTION DOCUMENTS PHASE SERVICES § 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that in order to construct the Work the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental authorities having jurisdiction over the Project. § 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of (l) bidding and procurement information that describes the time, place and conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor, and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. § 3.4.4 The Architect shall update the estimate for the Cost of the Work. § 3.4.5 The Architect shall submit the Construction Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner's approval. § 3.5 BIDDING OR NEGOTIATION PHASE SERVICES § 3.5.1 GENERAL The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner's approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and, (4) awarding and preparing contracts for construction. § 3.5.2 COMPETITIVE BIDDING § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner in bidding the Project by .1 procuring the reproduction of Bidding Documents for distribution to prospective bidders; .2 distributing the Bidding Documents to prospective bidders, requesting their return upon completion of the bidding process, and maintaining a log of distribution and retrieval and of the amounts of deposits, if any, received from and returned to prospective bidders; .3 organizing and conducting a pre-bid conference for prospective bidders; .4 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda; and .5 organizing and conducting the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. § 3.5.2.3 The Architect shall consider requests for substitutions, if the Bidding Documents permit substitutions, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. Init.AIA Document B101?" — 2007 (formerly 1315171' —1897). Copyright ©1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING:.Thb Ale Document is protected by: U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of thisAlAe Document, or any portion 01 it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible / under the law. This document was produced by AIA software at 10:32:03 on 08/27/2008 under Order No.1000356498 1 which expires on 5/14/2009, and is not for resale. — User Notes: (3368322941) § 3.5.3 NEGOTIATED PROPOSALS § 3.5.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents. § 3.5.3.2 The Architect shall assist the Owner in obtaining proposals by .1 procuring the reproduction of Proposal Documents for distribution to prospective contractors, and requesting their return upon completion of the negotiation process; .2 organizing and participating in selection interviews with prospective contractors; and .3 participating in negotiations with prospective contractors, and subsequently preparing a summary report of the negotiation results, as directed by the Owner. § 3.5.3.3 The Architect shall consider requests for substitutions, if the Proposal Documents permit substitutions, and shall prepare and distribute addenda identifying approved substitutions to all prospective contractors. § 3.6 CONSTRUCTION PHASE SERVICES § 3.6.1 GENERAL § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AlA Document A201TL-2007, General Conditions of the Contract for Construction. If the Owner and Contractor modify AIA Document A201-2007, those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. § 3.6.1.3 Subject to Section 4.3, the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.6.2 EVALUATIONS OF THE WORK § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (I) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. Init. AIA Document B101,11— 2007 (formerly 13151",-1997). Copyright ®1974,1978, 1987, 1997 and 2007 by The,American Institute of Architects. All rights reserved. WARNING: This Aye Document is protected by US. Copyright Law end International Treaties. Unauthorized reproduction or distribution of this Ale .Document, or any portion of it, may result In severe dvil antcrlminai penalties, and will be prosecuted to the maximum extent possible / under the law. This document was produced by AIA soltware at 10:32:03 on 06/27/2008 under Order No.1000356498_1 which expires on 5/14/2009, and is not for resale. User Notes: (3368322941) § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith unless said interpretations or decisions are determined to have been negligently rendered. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201-2007, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. §,3.6.3 CERTIFICATES FOR PAYMENT TO CONTRACTOR § 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 SUBMITTALS § 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval. The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. § 3.6.4.2 In accordance with the Architect -approved submittal schedule, the Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents: Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect of any construction means, methods, techniques, sequences or. procedures.. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review shop drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor that bear such professional's seal and signature when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to the provisions of Section 4.3, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth in the Contract Documents the requirements for requests Init. AIA Document 13101111— 2007, (formerly B151*s-1997). Copyright 01974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document,cis protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of thisAIA°, Document, or any partizan of 11, may result in severe civil and criminal penalties, and Mil be prosecuted to the maximum extent possible / under the law. This document was produced by AIA software at 10:32:03 on 06/27/2008 under Order No.1000356498_1 which expires on 5/1412009, and is not for resale. User Notes: • (3368322941) Init. t for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 3.6.5 CHANGES IN THE WORK § 3.6.5.1 The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to the provisions of Section 4.3, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. § 3.6.6 PROJECT COMPLETION § 3.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion; receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor; and issue a final Certificate for Payment based upon a final inspection indicating the 'Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. § 3.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (I) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents. § 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Additional Services only if specifically designated in the table below as the Architect's responsibility, and only to the extent specifically described and approved in writing by the Owner. The most relevant Additional Services likely to occur under this Agreement are attached hereto in Exhibit F. The Owner shall compensate the Architect as provided in Section 11.2. (Designate the Additional Services the Architect shall provide in the second column of the table below. In the third column indicate whether the service description is located in Section 4.2 or in an attached exhibit. If in an exhibit, identify the exhibit.) Additional Services (See attached Exhibit F - to be determined) Responsibility (Architect, Owner or Nor Provided) Location of Service Description (Section 4.2 below or in an exhibit attached to this document and identified below) § 4.1.1 Programming § 4.1.2 Multiple preliminary designs AIA Document 5101 Tu — 2007 (formerly 8151 T" —1997). Copyright ©1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document Is protected by U.S; Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or, any portion (Alt. may result in severe civil end criminal penstties,'and will be prosecuted to the maximum extent possible under•lhe law. This document was produced by AIA software at 10:32:03 on 06/27/2008 under Order No.100035649B_1 which expires on 5/14/2009, and is not for' resale. User Notes: (3368322941) Init. § 4.1.3 Measured drawings § 4.1.4 Existing facilities surveys § 4.1.5 Site Evaluation and Planning (B203TAf-2007) § 4.1.6 Building information modeling § 4.1.7 Civil engineering § 4.1.8 Landscape design §4.1.9 Architectural Interior Design (B252TM-2007) § 4,1.10 Value Analysis (B204Tt4-2007) § 4.1.11 Detailed cost estimating § 4.1.12 On-site project representation § 4.1.13 Conformed construction documents § 4.1.14 As -designed record drawings § 4.1.15 As -constructed record drawings § 4.1.16 Post occupancy evaluation § 4.1.17 Facility Support Services (B210711-2007) § 4.1.18 Tenant -related services § 4.1.19 Coordination of Owner's consultants § 4.1.20 Telecommunications/data design § 4.1.21 Security Evaluation and Planning (B206T*t- 2007) § 4.1.22 Commissioning (B21 1T"t-2007) § 4.1.23 Extensive environmentally responsible design § 4.1.24 LEED° Certification (B2l4Tm-2007) § 4.1.25 Fast-track design services § 4.1.26 Historic Preservation (B205TM-2007) § 4.1.27 Furniture, Finishings, and Equipment Design (B253n4-2007) § 4.2 Insert a description of each Additional Service designated in Section 4.1 as the Architect's responsibility, if not further described in an exhibit attached to this document. I See Exhibit F, Article 4.1 / to be determined § 4.3 Additional Services may be provided after execution of this Agreement, without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.3.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the Owner's request for extensive environmentally responsible design alternatives, such as unique system designs, in-depth material research, energy modeling, or LEED® certification; .3 Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision of codes, laws or regulations or official interpretations; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; .5 Preparing digital data for transmission to the Owner's consultants and contractors, or to other Owner authorized recipients; AIA Document B 101 TM — 2007 (formerly 81517U -1997). Copyright 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: Tlds AlA° Document Is protected by,U.S. Cr pyrfght Lawand International Treaties. Unauthorized reproduction or 'distribution of 9 this AIA° Document, or any portion of it, may result In severe civil and cdmInal,penaities, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:32:03 on 06/27/2008 under Order No.1000355498_1 which expires on 5114/2009, and is not • for resale. User Notes: (3358322941) Init. 1 . 6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner, .7 Preparation for, and attendance at, a public presentation, meeting or hearing; .8 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .9 Evaluation of the qualifications of bidders or persons providing proposals; . 10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or .11 Assistance to the Initial Decision Maker, if other than the Architect. § 4.3.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the Owner subsequently determines that all or parts of those services are not required, the Owner shall give prompt written notice to the Architect, and the Owner shall have no further obligation to compensate the Architect for those services: .1 Reviewing a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; .2 Responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner -provided information, Contractor -prepared coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor's proposals and supporting data, or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker; .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom; or .6 To the extent the Architect's Basic Services are affected, providing Construction Phase Services 60 days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial Completion identified in Initial Information, whichever is earlier. § 4.3.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 two ( -2- ) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor .2 bi-weekly ( bi-weekly ) visits to the site by the Architect over the duration of the Project during construction .3 two ( -2- ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 two ( -2- ) inspections for any portion of the Work to determine final completion § 4.3.4 If the services covered by this Agreement have not been completed within thirty ( 30 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Within fifteen (I5) working days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 5.2 The Owner shall establish and periodically update the Owner's budget for the Project, including (I) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project's scope and quality. AIA Document B101' — 2007 (formerly B151 TM —1997). Copyright ©1974, 1978, 1987, 1997 and 2007 by The American institute of Architects. All rights reserved. WARNING: This AlA- Document is protected by U.S.. Copyright Law and international Treaties, Unauthorized reproduction or distribution Cl this AIA, 'Document, or any portion of It, may result In severe civil and criminal penalties, end will be prosecuted to the.maxlmum extent possible under the law. This document was produced by AIA software at 10:32:03 on 06127/2008 under Order No.1000356498 1 which expires on 5/14/2009, and Is not for resale. User Notes: (3366322941) § 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. The Owner's Representative shall be Dick Zais, City Manager, or his designee. § 5.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.5 The Owner shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.6 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. § 5.7 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.8 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. § 5.10 Except as otherwise provided in this Agreement, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor and the Architect's consultants through the Architect about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify the Architect of any direct communications that may affect the Architect's services. § 5.11 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.12 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, overhead and profit. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights-of-way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner. A1A Document 15101", — 2007 (formerly B151 TM —1997). Copyright ®1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document le protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this, Ale, Document, or any porton of It, may resultin severe civil and criminal penalties, and will beprosecuied to the maxlmum enfant possible under the find. - This document was produced by AIA software at 10:32:03 on 06/27/2008 under Order No.1000356498_1 which expires on 5/14/2009, and is not for resale. User Notes: (3368322941) Init § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect, represent the Architect's judgment as a design professional. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment; the Contractor's methods of determining bid prices; or competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. § 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the program and scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. The Architect's estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requests detailed cost estimating services, the Architect shall provide such services as an Additional Service under Article 4. The Architect warrants that if the lowest bona fide bid for the project Work exceeds the Architect's estimate for the Work by greater than ten (10%) percent, then all additional costs for redesign, introduction of alternate materials and methods, alteration of bid documents and rebidding shall be born by the Architect. § 6.4 If the Bidding or Negotiation Phase has not commenced within ninety (90) consecutive calendar days after the Architect submits the Construction Documents to the Owner, through no fault of the Architect, the Owner's budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. § 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 9.5; .4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .5 implement any other mutually acceptable alternative. § 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect, without additional compensation, shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. The Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6.7. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service; or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. AIA Document B101", —2007 (formerly 61511M —1997). Copyright ©1974,1978, 1987, 1997. and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by US.,Copyright Law and International Treaties. Unauthorized reproduction or distribution of 12 this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to tits maximum extent possible under the law. This document was produced by A IA software al 10:32:03 on 06/27/2008 under Order No.1000356498 1 which expires on 5/14/2009, and is not for resale. — User Notes: (3368322941) Init. § 7.3 Upon execution of this Agreement, (a) material produced in the performance of the Work under this Contract shall be as works for hire as defined by the U.S. Copyright Act of 1976 and shall be the property of the Owner. This material includes, but is not limited to, books, computer programs, plans, specifications, documents, films, pamphlets, reports, sound reproductions, studies, surveys, tapes, and/or training materials. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. The Owner agrees that, if it uses any materials prepared by the Architect for purposes other than those intended by this Contract, it does so at its sole risk and it agrees to hold the Architect harmless therefore to the extent such use is agreed to in writing by the Architect; and (b) an electronic copy of all or a portion of material produced shall be submitted to the Owner, upon request or at the end of the job using the word processing program and version specified by the Owner. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7.4 Except for the possessory rights and interests granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 GENERAL § 8.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement inaccordancewith the requirements of the method of binding dispute resolution selected in this Agreement. Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for act or failures to act occurring after Substantial Completion and in any case not more than ten (10) years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in ALA Document A201-2007, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. (Paragraphs deleted) § 8.2 MEDIATION § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of AIA Document 131011"— 2007 (formerly B151", —1997). Copyright ®1974, 1978, 1967, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This•AlA° Document is protected by US. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 13 this AlA Document, or any portion of it, may result in severe -civil and criminal penalties, and will be prosecuted to the maximum extent possible under -the lativ. This document was produced by AIA software at 10:32:03 on 06/27/2008 under Order No.1000356498_I which expires on 5/14/2009, and is not . for resale. User Notes: (3368322941) Init. a complaint but, in such event, mediation shall proceed in advance of other proceedings, which shall be stayed pending mediation for a period of ninety (90) calendar days from the date of filing, unless stayed for a longer period by agreement•of the parties or court order.. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box. If the Owner and Architect do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction.) [ X ] Arbitration pursuant to Section 8.3 of this Agreement [ X ] Litigation in a court of competent jurisdiction [ ] Other (Specify) ARTICLE 9 TERMINATION OR SUSPENSION (Paragraphs deleted) § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give thirty (30) calendar days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, for more than thirty (30) consecutive calendar days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than ninety (90) consecutive calendar days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than thirty (30) calendar days' written notice. AIA Document B101 T" -2007 (formerly 8151 r" -1997). Copyright D 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved.© WARNING: This Ale Document is protected by. U.S. Copyright Law and International Treaties: Unauthorized reproduction or distribution of this AIA Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent, possible under the law. This document was produced by AIA software at 10:32:03 on 06/27/2008 under Order No.1000356498_1 which expires on 5/14/2009, and is not for resale. User Notes: (3368322941) § 9.4 Either party may terminate this Agreement upon not less than thirty (30) calendar days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than thirty (30) calendar days' written notice to the Architect for the Owner's convenience and without cause. § 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 9.7. § 9.7 Termination Expenses are in addition to compensation for the Architect's services and include expenses directly attributable to termination for which the Architect is not otherwise compensated.. § 9.6 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 11.9. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located . Any action at law, suit in equity, or judicial proceeding arising out of this Contract shall be instituted and maintained only in any of the courts of competent jurisdiction in the COUNTY OF YAKIMA, Washington. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2007, General Conditions of the Contract for Construction. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither die Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least fourteen (14) working days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least fourteen (14) working days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 10.8 If the Architect or Owner receives information specifically designated by the other party as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project (3) respond to legally enforceable requests AIA Document 8101 T" - 2007 (formerly 8151 U —1997). Copyright C11974, 1975, 1987, 1997 and 2007 by The American Institute of Architects. All rights InIL reserved. WARNING: This AIA® Document's protected by: US: Copyright law and IntematlonatTrealies. Unauthorized repro'duetlon or distribution Of 15 thisAIA° Document, or any portion at it, may result In severe Civil end crtinhh3l penalties, and will be prosecuted to the maximum extent possible / under the few. This document was produced by AIA software at 102:03 on 06/27/2008 under Order No.1000355498_1 which expires on 5/14/2009, and Is not for resale. User Notes: (3368322941) Init. for disclosure of public documents held by a municipality, (4) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: (Insert amom1t of, or basis for, compensation.) I For Basic Services, 8.5% of Construction Cost § 11.2 For Additional Services designated in Section 4.1, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) I Cost of work plus mark-up of 1.5% for excise (B&O) taxes § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation.) I Cost of work plus mark-up of 1.5% for excise (B&O) taxes J§ 11.4 Compensation for Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3, shall be the amount stated below: I Cost of consultant invoice billed to Architect plus 1.5% mark-up for excise (B&O) taxes § 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work, the compensation for each phase of services shall be as follows: Schematic Design Phase Design Development Phase Construction Documents Phase Bidding or Negotiation Phase Construction Phase Project Closeout Phase Total Basic Compensation Thirteen Twenty Thirty -Six Two Twenty -Seven Two Percent one hundred percent ( percent percent percent percent percent percent ( 13 %) 20 %) 36 %) 2 %) 27 %) 2 %) 100 %) § 11.6 When compensation is based on a percentage of the Cost of the Work and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 11.5 based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent estimate of the Cost of the Work for such portions of the Project. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants, if any, are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) I See attached Exhibit E Employee or Category Rate AIA Document 131017u— 2007 (tarmerfy 13151"4 —1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Unauthoi izedreproductfon'or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties; and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:32:03 on 06/27/2008 under Order No.1000356498_ 1 which expires on 5/14/2009, and is riot for resale. User Notes: (3368322941) 16 § 11.8 COMPENSATION FOR REIMBURSABLE EXPENSES § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner, .7 Renderings, models, mock-ups, professional photography, and presentation materials requested by the Owner; .8 Architect's Consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and .11 Other similar Project -related expenditures. § 11.8.2 For Reimbursable Expenses the compensation shall be one hundred ten percent (110%) of the expenses incurred by the Architect and the Architect's consultants . § 11.9 COMPENSATION FOR USE OF ARCHITECTS INSTRUMENTS OF SERVICE If the Owner terminates the Architect for its convenience under Section 9.5, or the Architect terminates this Agreement under Section 9.3, the Owner shall pay a licensing fee as compensation for the Owner's continued use of the Architect's Instruments of Service solely for purposes of completing, using and maintaining the Project as follows: Not Applicable § 11.10 PAYMENTS TO THE ARCHITECT § 11.10.1 An initial payment of zero ($ -0- ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid sixty ( -60- ) calendar days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) The legal rate prevailing from time to time at the principal place of business of the Architect (per annum). § 11.10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: Not Applicable Init. AlA Document 8101 TM - 2007 (formerly 9151 TM —1997). Copyright m 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by US. Copyright Law and intemationaf Treaties: Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and wlU be prosecuted to,the maximum extent possible under the law. This document was produced by AIA software at 10:32:03 on 06/27/2008 under Order No.1000356498_1 which expires on 5/14/2009, and is not for resale. User Notes: (3368322941) ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. § 13.2 This Agreement is comprised of the following documents listed below: .1 AIA Document B 101ml-2007, Standard Form Agreement Between Owner and Architect .2 AIA Document E201n1-2007, Digital Data Protocol Exhibit, if completed, or the following: .3 Other documents: (List other documents, if any, including Exhibit A, Initial Information, and additional scopes of service, if any, forming part of the Agreement.) Attached Exhibit A, Preliminary List of Tasks to be Completed, 4 pages Attached Exhibit B, Site & Building Construction Cost, 4 pages Attached Exhibit C., Project Schedule, 1 page Attached Exhibit D, Certificate of Insurance, 2 pages Attached Exhibit F, Additional Services / to be determined for Article 4, I page This Agreement entered into as of the day and year first written above. (Signature) gnature) R. A. Zais, Jr. / City Manager enneth G. Ormbrek, AIA, President (Printed name and title) CITY CONTRAC f NO: RESOLUTION NO: (Printed name and title) In AIA Document B101T°-2007 (formerly B151 n'-1997). Copyright C 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document Is protected by US. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this•AIA° Docr ment,'or any portion of it, may rental in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:32:03 on 06/27/2000 under Order No.1000356490 1 which expires on 5/14/2009, and is not for resale. — User Notes: (3368322941) December 20, 2007 EXIIIBIT A CAPITOL THEATRE EXPANSION ARCHITECT I ENGINEER SERVICES PRELIMINARY LIST OF TASKS TO BE COMPLETED SITE UTILITY RELOCATION A. Construction Phase Architect to monitor and oversee all aspects of the work. Architect and Engineers to review submittals, shop drawings, product data, etc. to ensure compliance with the specifications and local authorities having jurisdiction. Bi -monthly site visits and job observation reports, review unknown site conditions and recommend solutions. Review contractor's monthly applications for payment and verify compliance with the work completed on the job site. Monitor the construction schedule and project costs and keep Owner advised. Review as -built drawings to match field conditions and Owner 0 & M manuals. EXHIBIT A - PAGE 1 EXHIBIT A PRODUCTION CENTER A. Preliminary & Schematic Design Geotechnical Investigation and report and the topographic survey have been completed. (Note: When the old YMCA building was demolished, the original basement concrete floor slab was left in place and old concrete and brick rubble was used for backfill below the existing parking lot. This material will need to be removed for the new construction. The new Production Center will abut the existing east wall of the Capitol Theatre. This wall cannot support any additional structural load and will need to have (four) large openings (12' x 20') cut through the existing wall). Space Programming: Architect and Owner to develop a new program of space requirements and room sizes, seating requirements, and access to and from the existing building at the stage floor and the upper stage area. Confirm Production Center Floor Plan and vertical dimensions: loading dock, black box theatre and support spaces. GCCM: Determination option for CPARB Application and if GCCM contract is applicable. Meetings: Define and schedule Owner led meetings with the Capitol Theatre Board, inclusive of City Council members. Coordinate all work with Site Utility Relocation and GSA Fencing. Loading Dock: confirm the number and types of truck / bus bays and parking policies. LEED - It appears A / E will be required to design to the LEED 'silver' requirements. Project scheduling and detailed cost estimating to be updated by Architect and Engineers. Colors - Architect to provide color presentation drawings for Owner's Power Point presentation. Civil Engineer to design on-site storm water retention, loading dock and new underground utilities. Structural Engineer to review initial concept design, recommend cost effective options and systems, and review the feasibility of large openings at the existing east wall. Mechanical and Electrical Engineers review existing building systems for compatibility with existing systems, options, energy efficiency, materials, acoustical design, and cost options. Consolidate new emergency generator requirements with new and existing buildings. Evaluate power company rebates and energy incentives on lighting fixtures and energy saving materials and systems. C. Construction Document Phase Architect, Civil, Structural, Mechanical and Electrical Engineers to provide complete construction drawings and specifications required for bidding purposes and for obtaining a building permit. Drawings to show all aspects of the work including Site Plan, Floor Plans, Exterior Elevations, Building and Wall Sections, Interior Elevations, and Details and Room Finish and Door and Window Schedule. Architect — to coordinate all communication and control all aspects of the design work, construction materials and quality control, drawings, and specifications between Engineers, Contractor and Owner Representative. Interior Design — including recommendations for interior wall, floor and ceiling finish material and interior and exterior color selection. Specialty Lighting Consultant to provide recommendations on both interior and exterior lighting. Bidding Phase Architect to advertise and solicit bids for utility Production Center per City requirements. Architect / Engineers to provide pre-bid conference for bidders, review scope of work, respond to any bidder questions, analysis of substitutions and provide clarifications as needed. A I E to evaluate bids, recommend contract award and assist with agreements. E. Construction Phase Architect to monitor and oversee all aspects of the work. Architect and Engineers to review submittals, shop drawings, product data, etc. to ensure compliance with the specifications and local authorities having jurisdiction. Bi -monthly site visits and job observation reports, review any unknown conditions and recommend solutions. Review contractor's monthly applications for payment and verify compliance with the work completed on the job site. Monitor the construction schedule and project costs and keep Owner advised. Review as -built drawings to match field conditions and Owner 0 & M manuals. EXHIBIT A - PAGE 2 EXHIBIT A - . PAVILION / COMMUNITY CENTER • A. Preliminary Design Phase: Work to be completed includes the following: SEPA Checklist - complete SEPA Checklist and submit to City for approval. Historical Significance — Work with Michael Sullivan and OAHP to comply with the State policy for historical preservation. Hazardous Material evaluation of existing building before demolition. Structural Investigation of existing building and connection to the Grand Hotel. Topographic Survey and location of existing utilities. Geotechnical Investigation and Report (complete after existing building demolition). Architectural: Determine location and design of new marquee. Define scope of FF&E for Production Center, Alley, Pavilion and Third Street Plaza. Confirm functions to be housed in the Pavilion and locate building footprint relative to Third Street. Coordinate overall Capitol Theatre campus site plan (including Third. Street Plaza) with Yakima Fire Department for emergency vehicle access. Determination (and use) of CPARB Application and GCCM construction contract is applicable. Define and schedule Owner led meetings with the C.T. Board, inclusive of City Council members. LEED - It appears A / E will be required to design to the LEED 'silver' requirements. Project scheduling and detailed cost estimating to be updated by Architect and Engineers. Colors - Architect to provide color presentation drawings for Power Point presentation. Civil Engineer to design on-site storm water retention and underground utilities. Structural Engineer to review initial concept design, recommend cost effective options and systems, and to review the feasibility of large openings at the existing east wall. Mechanical and Electrical Engineers analyze building systems for energy efficiency, materials and cost options. Consolidate new emergencygenerator requirements with new and existing buildings. Evaluate power company rebates and energy incentives on lighting fixtures and energy saving materials and systems. Define parameters for public presentations and type of materials to be used (graphic, video, etc.). B. Construction Document Phase Architect, Civil, Structural, Mechanical and Electrical Engineers to provide complete construction drawings and specifications required for bidding purposes and for obtaining a building permit. Drawings to show all aspects of the work including Site Plan, Floor Plans, Exterior Elevations, Building and Wall Sections, Interior Elevations, and Details and Room Finish and Door and Window Schedule. Architect — to coordinate all communication and control all aspects of the design work, construction materials and quality control, drawings, and specifications between Engineers, Contractor and Owner Representative. Interior Design — including recommendations for interior wall, floor, and ceiling finish material and interior and exterior color selection. Specialty Lighting and Kitchen Consultants to provide recommendations on both interior and exterior lighting and all aspects of food service. C. Bidding Phase Architect to advertise and solicit bids for utility relocation per City requirements. Architect / Engineers to provide pre-bid conference for bidders, review scope of work, respond to any bidder questions, analysis of substitutions and provide clarifications as needed. A / E to evaluate bids, recommend contract award and assist with agreements. D. Construction Phase • Architect to monitor and oversee all aspects of the work. Architect and Engineers to review submittals, shop drawings, product data, etc. to ensure compliance with the specifications and local authorities having jurisdiction. Bi -monthly site visits and job observation reports, review unknown site conditions and recommend solutions. Review contractor's monthly applications for payment and verify compliance with the work completed on the job site. Monitor the construction schedule and project costs and keep Owner advised. Review as -built drawings to match field conditions and Owner 0 & M manuals. EXHIBIT A - PAGE 3 EXHIBIT A THIRD STREET PLAZA A. Preliminary Schematic Phase SEPA Checklist - complete SEPA Checklist and submit Street Vacation to City for approval. Topographic Survey and location of existing utilities. Geotechnical Investigation and Report to confirm existing street construction. Third Street Plaza — Finalize design concept and budget. Define buildings (Foyer), Stage, Restrooms, Water Feature, Concessions, Outdoor Seating, covered areas and Farmer's Market Booths. Coordinate overall Capitol Theatre campus site plan (including Third Street Plaza) with Yakima Fire Department for emergency vehicle access. Determination (and use) if CPARB Application and GCCM construction contract are applicable. Define and schedule Owner led meetings with the Capitol Theatre Board, inclusive of City Council members. B. Construction Document Phase Architect. Landscape, Civil. Structural, Mechanical, and Electrical Engineers to provide complete construction drawings and specifications required for bidding purposes and for obtaining a building permit. Drawings to show all aspects of the work including Site Plan, Floor Plans, Exterior Elevations, Building and Wall Sections, Interior Elevations, and Details and Room Finish and Door and Window Schedule, and site amenities. Architect — to coordinate all communication and control all aspects of the design work, construction materials and quality control, drawings, and specifications between Engineers, Contractor and Owner Representative. Interior Design — including recommendations for interior wall, floor, and ceiling finish material and interior and exterior color selection. Specialty Lighting Consultant to provide recommendations on both interior and exterior lighting. C. Bidding Phase Architect to advertise and solicit bids for Third Street Plaza improvements per City. Architect / Engineers to provide pre-bid conference for bidders, review scope of work, respond to any bidder questions, analysis of substitutions and provide clarifications as needed. A ! E to evaluate bids, recommend contract award, and assist with agreements. D. Construction Phase Architect to monitor and oversee all aspects of the work. Architect, and Engineers to review submittals, shop drawings, product data, etc. to ensure compliance with the specifications and local authorities having jurisdiction. Bi -monthly site visits and job observation reports, review unknown site conditions and recommend solutions. Review contractor's monthly applications for payment and verify compliance with the work completed on the job site. Monitor the construction schedule and project costs and keep Owner advised. Review as -built drawings to match field conditions and Owner 0 & M manuals. Interior and exterior color selection. Monitor the construction schedule and project costs and keep Owner advised. Review as -built drawings to match field conditions and Owner 0 & M manuals. EXHIBIT A - PAGE 4 ARCHITECTS, P.S. CAPITOL THEATRE - PAVILION Main Floor Deli/Cabaret & Second Floor Offices SITE& BUILDING CONSTRUCTION COST (NOTE: Square foot Costs Include General Contarctor Overread and Profit) 1460 NORTH 16TH AVENUE. SUITE A YAKIMA, WASHINGTON 90902 (509) 452.0509 FAX: (509) 452.0578 TOTAL CONSTRUCTION COST Description Amount Building Shell Construction 13,000 SF @ 5150.00/SF = $1,950,000 Main Floor - 6,500 SF / 5200/SF = $1,300.000 Second Floor Offices - 6,500 SF / $150/SF = $975,000 $1,950,000.00 Fire Sprinklers - 13,000 SF @ 55.91/SF (approx) $76,830.00 Plumbing - 13,000 SF @ $6.68/.SF (approx) $86,840.00 Mechanical -13.000 SF @ 526.03/SF (approx) $338,390.00 Electrical - 13,000 SF @ 523.67/SF (approx) $307,710.00 Sub Total $2,759,770.00 Additional Building Construction Costs -Connection to existing building - No added weight on existing wall (cantilever new roof/special reinforcing) Additoinal cost for over excavation and back fill. -Restricted construction site (off-site storage required) Inflation @ 8% • (two years to mid -point of construction) $150,000.00 Sub Total $2,909,770.00 5232,781.00 TOTAL CONSTRUCTION COST 13,000 sf @ 3241.74 per Square Foot $3,142,551.00 FOR TOTAL PROJECT COST add the following: 31.5% "soft costs" 10% (C.Y.A.) Contingency '12% NE Fees and Const. Mgmt. 8.2% City Taxes 1.0% Building Permit 0.3%.Performance & Payment Bond $989,903.00 Furnishings TOTAL PROJECT COST • 5200,000.00 $4,332,454.00 'Includes Exhibit F Additional Services Costs EXHIBIT B EXHIBIT B - PAGE 1 RA ARCHITECTS, P.S. CAPITOL THEATRE - PRODUCTION FACILITY Main Floor & Mezzanine SITE & BUILDING CONSTRUCTION COST (NOTE: Square foot Ccs!s induct General Conterrior Overhead end Flea) 1460 NORTH 16TH AVENUE, SUITE A YAiO5 A. WASHINGTON 98902 (509) .152.0609 FAX. (539)452-0575 TOTAL CONSTRUCTION COST Description Amount Building Shell Construction (30 foot height) 51,521,701.00 15,900 SF @ 595.70/SF Main Floor - 9.690 SF 1 $119/SF = $1,152.101 Mezzanine - 6,160 SF / 560/SF = $369,600 Fire Sprinklers - 15,900 SF @ $5.91/SF (approx) $94,075.00 Plumbing -15,900 SF @ 56.68/.SF (approx) 5106,200.00 Mechanical - 15,900 SF @ 526.03/SF (approx) $413,932.00 Electrical - 15,900 SF © 523.67/SF (approx) $376,302.00 Furnishings 535,400.00 Sub Total 52,547,610.00 Additional Building Construction Costs -Connection to existing building - No added weight on existing wall (cantilever new roof/special reinforcing) -Building construction over old YMCA basement (additional cost for over excavation and back fill and to extend columns and footings to old basement depth) -Restricted construction site (off-site storage required) Site Improvements Beyond Building (Included in site costs) Inflation @ 8% (two years to mid -point of construction) $250,000.00 Sub Total $2,797,610.00 $223,808.00 TOTAL CONSTRUCTION COST 15,900 sf @ $200.00 per Square Foot 53,021,418.00 FOR TOTAL PROJECT COST add the following: 31.5% "soft costs" 10% (C.Y.A.) Contingency ' 12% A/E Fees and Const. Mgmt. 8.2% City Taxes 1.0% Building Permit 0.3% Performance & Payment Bond $951,746.00 TOTAL PROJECT COST $3,973,164.00 ' Includes Exhibit F Additonal Services Costs EXHIBIT B EXHIBIT B - PAGE 2 Probable Cost of Construction EXHIBIT B Project: Capitol Theatre 8.29.07 Preliminary Landscape Development Quantity Unit Unit Cost Total Site Preparation Demolition Topsoil Site Drainage Strip Drains Area Drains Piping Site Paving Brick Concrete Walls and Stairs Stairs Stage Seatwalls Site Elements Glass marquee Water feature, Benches Bollards (North) Bollards (South) Tree containers (W -E axis) Bathrooms and Storage Trellis & Canopy Trellis (Federal building) Trellis (Wilson building) Trellis (Stage) Art/Light Poles Canopy Poles & Footings Canopy Irrigation Irrigation 55,164 SF 4.00 220,656.00 195 CY 75.00 14,625.00 Subtotal Site Preparation $235,281.00 50 LF 200.00 4 ea 1,200.00 500 LF 45.00 Subtotal Site Drainage 10,000.00 4,800.00 22,500.00 $37,300.00 22,260 SF 26.00 578,760.00 32,668 SF 15.00 490,020.00 Subtotal Site Paving $1,068,780.00 100 LF 150.00 170 FF 95.00 267 FF 65.00 Subtotal Walls and Stairs 1 ea 220,000.00 1 ea 425,000.00 6 EA 1,500.00 11 EA 500.00 34 EA 500.00 9 EA 1,200.00 487 SF 350.00 Subtotal Site Elements 1110 SF 1460 SF 612 SF 6 EA 3 EA 200.00 200.00 200.00 5000.00 5000.00 3567 SF 18.00 15,000.00 16,150.00 17,355.00 $48,505.00 220,000.00 425,000.00 9,000.00 5,500.00 17,000.00 10,800.00 170,450.00 $857,750.00 222, 000.00 292,000.00 122,400.00 30,000.00 15,000.00 64,206.00 Subtotal Trellis $745,606.00 2,641 SF 3.50 9,243.50 Subtotal Irrigation $9,243.50 EXHIBIT B - PAGE 3 Probable Cost of Construction Project: Capitol Theatre EXHIBIT B 8.29.07 Lighting Lightstrands 475 LF 35.00 16,625.00 Lightposts 12 EA 3500.00 42,000.00 Subtotal Lighting $58,625.00 Plant Materials Shrub and groundcover (near water feature) 507 SF 12.00 6,084.00 Shrub and groundcover (East) 808 SF 12.00 9,696.00 Shrub and groundcover (West) 620 SF 12.00 7,440.00 Deciduous shade tree beds 441 SF 12.00 5,292.00 Flowering tree beds 265 SF 12.00 3,180.00 Deciduous shade trees (N-S.axis) 8 EA 500.00 4,000.00 Flowering trees (N -S axis) 7 EA 500.00 3,500.00 Container trees (W -E axis) 9 EA 500.00 4,500.00 Subtotal Plant Materials $43,692.00 Site Development Subtotals $3,104,782.50 8% Inflation $248,382.60 Total Construction Cost $3,353,165.10 31.5% Soft Costs $1,056,247.01 Site Development Total $4,409,412.11 EXHIBIT B - PAGE 4 CAPITOL THEATRE PROJECT SCHEDULE EXHIBIT C Updated March 17, 2008 Traho Project No. 05-24 SITE UTILITIES RELOCATION CT 1 GSA Negotiations Alley Vacation Construction Documents Bidding Construction Phase PRODUCTION CENTER NE Selection Schematic Design Construction Documents Bidding Construction Phase PAVILION NE Selection Schematic Design Historical / SEPA Construction Documents Bidding Construction Phase Demolition 2007 2008 2009 2010 J A SON DJ F M A M J J A S O N DJ F M A MJ J A S O N DJ F M AM J J A 17 order mtis 1 Demo EXHIBIT D ACORD,,, CERTIFICATE OF LIABILITY INSURANCE DATEI8DD1YYYY) 4/28/0 TYPE OF INSURANCE PRODUCER Kibble & Prentice, a USI Company - 601 Union Street, Suite 1 000 Seattle, WA 98101 206 441-6300 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Traho Architects, P.S. 1460 North 16th Avenue, Suite A Yakima, WA 98902 INSURER A: Maryland Casualty Company 19356 INSURER B: St Paul Fire and Marine Insurance Co 24767 INSURER C: 09/15/08 INSURER D: S1,000,000 $1,000,000 INSUREP. E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR AMYL NSRC TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDIYYI POLICY EXPIRATION DATE {MMfDD!YY) UMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY PAS00260986 09/15/07 09/15/08 EACH OCCURRENCE S1,000,000 $1,000,000 AGTO PREMWESI RENTED n, I CLAIMS MADE X OCCUR MED EXP (Any one person) 510 000 PERSONAL & ADV INJURY $1,000,000 52,000,000 52,000,000 GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: 7 POLICY X PRO• JECT n LOC PRODUCTS - COMP/OP AGG A AUTOMOBILE X X X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS PAS00260986 09/15/07 09/15/08 COMBINED SINGLE LIMIT (Be accident) 1,DDD 51,000,000 BODILY INJURY (Per perscn) S BODILY INJURY (Per accident) S PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC S AUTO ONLY: AGG 5 i EXCESS/UMBRELLA LIABILITY OCCUR n CLAIMS MADE DEDUCTIBLE RETENTION 5 EACH OCCURRENCE S AGGREGATE 5 S 5 S A WORKERS COMPENSATION AND LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE(WA OFFICER/MEMBER EXCLUDED? If yes, describe undor SPECIAL PROVISIONS below PAS00260986 / Stop Gap) 09/15/07 09/15/08OR TOR Y STAIU,9TU-T5 X 0g II E.L. EACH ACCIDENT S1,000,000 EL DISEASE - EA EMPLOYEE 51,000,000 EL DISEASE • POLICY LIMIT s1,000,000 B OTHER Professional Liability QP03801965 09/21/07 . 09/21/08 $1,000,000 per claim $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT ( SPECIAL PROVISIONS RE: The Capitol Theatre Expansion. City of Yakima is named as an Additional Insured on the General Liability Policy, with respects to operations of the Named Insured. CERTIFICATE HOLDER CANCELLATION City of Yakima 129 North Second Street Yakima, WA 98901 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Qui DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LER, BUT FAILURE TO DO 50 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) 1 of 2 #S2448296/M1733364 LKWJU o ACORD CORPORATION 1988 EXI1IBIT D IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance 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 amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-s (2001108) 2 of 2 #S2448296/M1733364 EXIIBIT E ARCHITECTS, P.S. 1460 NORTH 16TH AVENUE, SUITE A YAIUMA, WASHINGTON 98902 (509) 452-0609 FAX: (509} 452-0578 ARCHITECTURAL SERVICES Hourly Rates / Extra Services Rates Effective January 1, 2008 Principal Architect: 895.00 Associate Architect: $85.00 Construction Observation Specialist: $75.00 CAD/Drafting: $70.00 Architectural Administration: S40.00 Administrative Assistant: $35.00 Expert Witness Testimony: $250.00 Reimbursable Expenses at cost of the actual expenses incurred plus State B & 0 tax (1.015%). Consulting Engineering Fees at a cost of the actual amount billed to the Architect plus State B & 0 tax (1.015%). ARTICLE 4 ADDITIONAL SERVICES / TO BE DETERMINED ITEM Responsibility 4.1.1 Programming - Task Force Meeting Architect 4.1.7 Civil Engineering (storm drainage) Architect 4.1.8 Landscape Desien Architect 4.1.9 Architectural Interior Design Architect 4.1.11 Detailed Cost Estimate Architect 4.1.15 As -Constructed Record Drawings Architect 4.1.20 Telecommunications / Data Design Architect 4.1.21 Security Evaluation and Planning Architect 4.1.22 Commissioning Architect 4.1.24 LEED Certification Architect 4.1.26 Historic Preservation Architect 4.1.27 Furniture, Finishings and Equipment Design Architect 4.1.28 Acoustical Consultant Architect Lighting Consultant Architect Kitchen Consultant Architect Building Demolition Architect Asbestos Abatement Architect Renderines / Presentation I Models Architect GCCM Legal Architect EXHIBIT F Location of Service Description BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. /4 A For meeting of: July 1, 2008 ITEM TITLE: Consideration of a Resolution authorizing and directing the City Manager of the City of Yakima to execute the legally reviewed and approved form of the attached and incorporated "Abbreviated Standard Form of Agreement Between Owner and Architect" between the City of Yakima and Traho Architecture; for the provision of architectural services to improve the Capitol Theatre. SUBMITTED BY: Bill Cook, Director CED CONTACT: Michael Morales, Deputy Director CED, 575-3533 SUMMARY EXPLANATION: The Capitol Theatre Committee presented a multi -phase expansion plan to the City Council at a study session on March 25, 2008. As the project is funded primarily from a Public Facilities District; funds will be administered by the city and a formal Request for Qualifications was conducted to select an architect. The committee determined that Traho has the experience and expertise necessary to provide such architectural services. The negotiated fee structure for the agreement is 8.5% of construction cost, and the term of the agreement is from June 2008 through the date of substantial completion of the overall project, currently projected to occur in January of 2010. Traho is willing to provide services in accordance with the attached architectural services agreement and fee schedule. Under the proposed agreement, Traho will begin its work with the city as the project manager for the utility relocation project that is necessary for the expansion of the Capitol Theatre building. The City Engineering Division will handle primary construction management and inspection duties, as we did for Phases 2 and 3 of the DFI. Traho will also begin design of the theatre expansion while the utility project is under construction. Following completion of the theatre expansion, Traho will also begin design of the 3rd Street Plaza, and improvements to the Wilson Building site. Resolution X Ordinance Contract X Other: Funding Source: Public Facilities District — Capitol Theater Construction Fund Approved for submittal: City Manager STAFF RECOMMENDATION: BOARD RECOMMENDATION: COUNCIL ACTION: Staff recommends approval of the contract. SETTLEMENT AGREEMENT AND RELEASE THE CITY OF YAKIMA (the "City" or "Yakima"), TRAHO ARCHITECTS ("Traho") and ROUTH CONSULTING ENGINEEERS, INC., P.S. ("Routh"), hereby enter into this Settlement Agreement and Release (the "Agreement"), as of the last date below. I. RECITALS A. Routh and Traho entered into two letter agreements dated December 1, 2008 and January 5, 2009, for the provision of mechanical engineering services by Routh on the City of Yakima Capital Theater Addition Project, Contract No.2008-90 (the "Project"). Traho entered into a contract with the City for the performance of architectural and related services on the Project, dated May 6, 2008. B. Disputes arose among the City, Traho and Routh (collectively "the Parties") regarding mechanical engineering services and architectural services performed by Routh and Traho on the Project. The City issued Change Order Nos. 9 and 10 for the Project for extra work and repairs on the Project to correct alleged acoustical issues (the "Change Orders"), and also agreed to bear the cost of some of that extra work. Routh and Traho have agreed to bear the costs of the remainder of that extra work and repairs under the Change Orders. C. The Parties desire to avoid the expense and uncertainty of litigation, and to resolve all disputes between and among them relating in any way to the Change Orders and the acoustical defects and issues associated with said Change Orders on the terms set forth below. NOW, THEREFORE, in exchange for, and in consideration of, the mutual covenants and promises set forth herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows. II. AGREEMENT 1) Payment to the City. Routh and/or its insurer will make payment to the City in the amount of $63,187.44, and Traho will make payment of $6,000.00 to the City, for a total payment to the City of $69,187.44 no later than August 17, 2012. By virtue of these payments, Routh and Traho will have no further obligation to the City with respect to Change Orders 9 and 10, addressing HVAC and acoustical issues specifically associated with said Change Orders, as described below. 2) Release and Covenant Not to Sue. a) Release by the City. The City hereby releases, acquits and forever discharges Routh, Traho, and their respective subsidiaries, affiliates, principals, owners, directors, officers, employees, representatives, insurers, attorneys and agents, including certain Underwriters at Lloyd's/London subscribing to professional liability policy No. EL00-53-0071-2010 (collectively the "Released Parties"), from any and all claims, rights, remedies, damages, demands, losses, liabilities, expenses, attorney fees, costs, actions, causes of action or suits of any kind, nature or description whatsoever, known or unknown, foreseen or unforeseen, stated or unstated, arising from or relating to 1 BEA024 0010 ncl9em26x0.004 CR 2012-07-17 the work and materials specifically addressed in Change Orders No. 9 and 10 with respect to any HVAC acoustical defects in the theater portion of the Project. This release is intended to cover all claims, cross-claims, warranty claims, counterclaims, third -party claims, civil or otherwise, past, present or future, which can or may ever be asserted by the City or its affiliates, subsidiaries, administrators, successors, assigns, representatives or agents that are specifically related to and addressed in Change Orders 9 and 10, against any of the Released Parties. b) Covenant Not to Sue. The City agrees it will not pursue any lawsuits or actions against any of the Released Parties in relation to Change Orders 9 and 10 and the claims released hereunder, and further represents and warrants that none of the claims released hereunder have been assigned, sold or otherwise transferred. The City represents that it is not currently aware of any deficiencies with the Project's mechanical systems or with the Project's acoustical performance. c) Releases by Traho and Routh. Traho hereby releases, acquits and forever discharges the Released Parties from any and all such claims (i) that are released by the City via this Agreement, or (ii) for compensation for services performed related to the Change Orders or the claims released hereunder. Routh releases Traho from any claim for compensation for services performed related to the Change Orders or the claims released hereunder. d) Complete Release. The releases and accommodations set forth in this Agreement express the full, final and complete settlement of any and all claims of the City against Routh and Traho in relation to the specific issues associated with Change Orders 9 and 10 and the claims released hereunder. Liability for all such claims is expressly denied. 3) Successors and Assigns. This Agreement shall bind and benefit the Parties as well as their respective successors and assigns, including but not limited to the Parties' respective affiliates, subsidiaries, principals, trustees, receivers, administrators, representatives, agents and beneficiaries. 4) Authority to Sign. Each person who signs this Agreement on behalf of an entity hereby represents and warrants that he has the authority of such entity to sign this Agreement for such entity, and that he voluntarily signs this Agreement with the knowledge, consent and authority of such entity. 5) Further Acts. The Parties shall promptly sign any other documents, furnish any other documents or information, and/or perform any other acts that are necessary or appropriate to effectuate the purposes or intent of this Agreement. 6) Dispute Resolution. The laws of Washington State shall govern the interpretation and enforcement of this Agreement, and venue will lie in Yakima County Superior Court. In any proceeding concerning any rights, interests, remedies, claims, demands or causes of action that arise out of or result from this Agreement, the substantially prevailing party shall be entitled to recover from the nonprevailing party the reasonable expenses, costs and attorney fees incurred by the substantially prevailing party in connection with such proceeding, including appeals and bankruptcies. 2 BEA024 0010 ncl9em26x0 004 CR 2012-07-17 7) Fair Interpretation. The Parties acknowledge that this Agreement has been mutually negotiated and hereby represent and warrant that they had the opportunity to independently consult with legal counsel regarding this Agreement, that they have done so, and that they have executed this Agreement voluntarily and without fraud, duress or undue influence. In the event it should be determined that any provision of this Agreement is uncertain or ambiguous, the language in all parts of this Agreement shall be, in all cases, construed as a whole according to its fair meaning and not strictly construed for or against any party. 8) Severability. Should any provision of this Agreement be deemed invalid or unenforceable pursuant to a final determination of any arbitrator or court of competent jurisdiction, or as a result of future legislative action, the Parties agree that the remaining provisions of this Agreement shall remain in full force and effect. 9) Complete Integration. The terms and conditions set forth herein comprise the Parties' entire understanding concerning the agreement that this document evidences, and supersede all prior and/or contemporaneous oral and/or written representations, discussions, negotiations, statements, promises and agreements concerning the settlement agreement that is evidenced by this document. The Parties have not been induced to sign this Agreement by any oral or written representations, discussions, negotiations, statements, promises, or agreements other than those that are expressly set forth herein. The terms and conditions set forth herein shall not be modified unless and until a subsequent written document expressly modifying this Agreement is signed by an authorized representative of all Parties. Alleged oral modifications of this Agreement shall have no force or effect whatsoever. 10) Counterparts/PDF/Facsimile. The Parties may sign counterparts of this Agreement so that each of the Parties has a fully signed document. Each such counterpart shall constitute the original Agreement. PDF and facsimile signatures shall constitute originals. CITY OF YAKIMA TRAHO ARCHITECTS ®•/ By Its C4.161 Its Dated ?— t —t 2_ Dated ROUTH CONSULTING ENGINEERS, INC., P.S. By Its Dated \\GYSERVER\USERSHARES\CAROLMACRAE\CLM\DJG\TRAHO\D\ 1927001 07 12 SETTLEMENT AGREEMENT DOCX 3 BEA024 0010 nc 19em26x0 004 CR 2012-07-17 7) Fair Interpretation. The Parties acknowledge that this Agreement has been mutually negotiated and hereby represent and warrant that they had the opportunity to independently consult with legal counsel regarding this Agreement, that they have done so, and that they have executed this Agreement voluntarily and without fraud, duress or undue influence. In the event it should be determined that any provision of this Agreement is uncertain or ambiguous, the language in all parts of this Agreement shall be, in all cases, construed as a whole according to its fair meaning and not strictly construed for or against any party. 8) Severability. Should any provision of this Agreement be deemed invalid or unenforceable pursuant to a final determination of any arbitrator or court of competent jurisdiction, or as a result of future legislative action, the Parties agree that the remaining provisions of this Agreement shall remain in full force and effect. 9) Complete Integration. The terms and conditions set forth herein comprise the Parties' entire understanding concerning the agreement that this document evidences, and supersede all prior and/or contemporaneous oral and/or written representations, discussions, negotiations, statements, promises and agreements concerning the settlement agreement that is evidenced by this document. The Parties have not been induced to sign this Agreement by any oral or written representations, discussions, negotiations, statements, promises, or agreements other than those that are expressly set forth herein. The terms and conditions set forth herein shall not be modified unless and until a subsequent written document expressly modifying this Agreement is signed by an authorized representative of all Parties. Alleged oral modifications of this Agreement shall have no force or effect whatsoever. 10) Counterparts/PDF/Facsimile. The Parties may sign counterparts of this Agreement so that each of the Parties has a fully signed document. Each such counterpart shall constitute the original Agreement. PDF and facsimile signatures shall constitute originals. CITY OF YAKIMA TRAHO ARCHITECTS By By Its Its Dated Dated ROUTH CONSULTING ENGINEERS, INC., P.S. By 'kehara' b. Rooth Its Preside f Dated 7J/7/2o%z \\GYSERVER\USERSHARES\CAROLMACRAE\CLM\DJG\TRAHO\D\1 927001 07.12 SETTLEMENT AGREEMENT.DOCX 3 14EA024 001011c19em26x0,004.CR 2012-07-17 7) Fair Interpretation. The Parties acknowledge that this Agreement has been mutually negotiated and hereby represent and warrant that they had the opportunity to independently consult with legal counsel regarding this Agreement, that they have done so, and that they have executed this Agreement voluntarily and without fraud, duress or undue influence. In the event it should be determined that any provision of this Agreement is uncertain or ambiguous, the language in all parts of this Agreement shall be, in all cases, construed as a whole according to its fair meaning and not strictly construed for or against any party. 8} Severability. Should any provision of this Agreement be deemed invalid or unenforceable pursuant to a final determination of any arbitrator or court of competent jurisdiction, or as a result of future legislative action, the Parties agree that the remaining provisions of this Agreement shall remain in full force and effect. 9) Complete Integration. The terms and conditions set forth herein comprise the Parties' entire understanding concerning the agreement that this document evidences, and supersede all prior and/or contemporaneous oral and/or written representations, discussions, negotiations, statements, promises and agreements concerning the settlement agreement that is evidenced by this document. The Parties have not been induced to sign this Agreement by any oral or written representations, discussions, negotiations, statements, promises, or agreements other than those that are expressly set forth herein. The terms and conditions set forth herein shall not be modified unless and until a subsequent written document expressly modifying this Agreement is signed by an authorized representative of all Parties. Alleged oral modifications of this Agreement shall have no force or effect whatsoever. 10) Counterparts/PDF/Facsimile. The Parties may sign counterparts of this Agreement so that each of the Parties has a fully signed document. Each such counterpart shall constitute the original Agreement. PDF and facsimile signatures shall constitute originals. CITY OF YAKIMA TRAHO ARCHITECTS By,eet< Its is iV., rY,��f, iv1— Dated Dated L 7I /& zen jc ROUTH CONSULTING ENGINEERS, INC., P.S. By Its Dated 11 GYSERVERIUSERSHA,RESICAROLMACRAEICLKDJG1TRAHO1D11927001 07.12 SETTLEMENT AGREEMENT.DOCX -3- DEA024 0010 ncl9om26x0.004.CR 2012.07-17 ARCHITECTS, P.S. June 30, 2009 AMENDMENT NO.2 1460 NORTH 16TH AVENUE, SUITE A YAKIMA, WASHINGTON 98902 (509) 452-0609 FAX: (509) 452-0578 Page 1 of 1 ALA DOCUMENT B101 - 2007 Edition Standard Form of Agreement Between Owner and Architect FOR THE CAPITOL THEATRE EXPANSION Dated May 6, 2008 ARTICLE 4 ADDITIONAL SERVICES This amendment to the AlA Agreement is for additional services for the Production Center and existing Theatre building as described below. The total project budget for A/E fees is 12% of the construction cost. Basic Services A/E fees = 8.5% per agreement; Construction Management Services = 2% per agreement; Additional Services = 1.5% maximum. The total amount of this amendment will not exceed 1.5% of the total Construction Cost per Exhibit B of AIA Document B101. ITEM Fee B&O Tax Architectural Total Fee Fees Article 4 Additional Services / Traho Contract / Page 9 4.1.7 Civil Engineering 4.1.23 Extensive Environ. Responsible Design (LEED) 4.1.24 LEED Certification Fees Structural Engineering / Pre -Cast CMU Walls Electrical Engineering / Revisions Existing House Lighting System/Egress Lighting Stage Lighting Emergency Power Distrib. & Panel X Refeed TOTAL FEES AMENDMENT NO. 2 APPROVED BY: CITY OF YAKIMA City Contract No. 2008-90 Resolution No. R°- Zc, d 8- /0 Z. $ 3,117.50 $ 0.00 $ 0.00 $ 46.77 $ 0.00 $ 0.00 $ 6,500.00 $ 97.50 $ 6,500.00 $ 97.50 $ 5,000.00 $ 75.00 $ 4.500.00 $67.50 $ 25,617.50 $ 384.27 $ 0.00 $ 9.500.00 $ 450.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 S 9,950.00 TRAHO ARCHITECTS, P.S. nneth G. Ormbrek / President MEMBER AMERICAN INSTITUTE OF ARCHITECTS KENNETH G. ORMBREK, A.I.A. $ 3,164.27 $ 9,500.00 $ 450.00 $ 6,597.50 $ 6.597.50 $ 5,075.00 $ 4,567.50 $ 35,951.77 I kAtio ct) CI` 5 (0, \) ARCHITECTS, P.S. February 9, 2009 AMENDMENT NO. 1 1460 NORTH 16TH AVENUE, SUITE A YAKIMA, WASHINGTON 98902 (509) 452-0609 FAX: (509) 452-0578 Page 1 of 2 AIA DOCUMENT B101 - 2007 Edition Standard Form of Agreement Between Owner and Architect FOR THE CAPITOL THEATRE EXPANSION Dated May 6, 2008 ARTICLE 4 ADDITIONAL SERVICES This amendment to the AIA Agreement is for additional services for the Production Center and existing Theatre building as described below. The total project budget for A/E fees is 12% of the construction cost. Basic Services A/E fees = 8.5% per agreement; Construction Management Services = 2% per agreement; Additional Services = 1.5% maximum. The total amount of this amendment will not exceed 1.5% of the total Construction Cost per Exhibit B of AIA Document B101. ITEM Fee B&O Tax Architectural Total Fee Fees Structural Engineering Modifications to Existing Structure Mechanical Engineering LEED Related Services Electrical Engineering New and Existing Building Sound Systems Power Distribution Review utility Energy Packages Evaluation of Existing House and Stage Dimmer System Distribution New Qwest Telephone Service Interior Communications Design Voice Annunciated Fire Alarm System Integrate Existing Fire Alarm System Security System $ 12,000.00 $ 180.00 $760.00 $ 12,940.00 $ 5,000.00 $ 75.00 $ 475.00 $ 5,550.00 $ 4,000.00 $ 1,500.00 $ 2,500.00 $ 1,000.00 $ 5,500.00 $ 3,500.00 $ 5,000.00 $ 2,500.00 $ 60.00 $ 22.50 $ 37.50 $ 15.00 $ 82.50 $52.50 $ 75.00 $ 37.50 $ 190.00 $ 190.00 $ 190.00 $ 190.00 $ 190.00 $ 190.00 $ 190.00 $ 190.00 $ 4,250.00 $ 1,712.50 $ 2,727.50 $ 1,205.00 $ 5,772.50 $ 3,742.50 $ 5,265.00 $ 2,727.50 1 AMENDMENT NO. 1 Page 2 of 2 AIA DOCUMENT B101 - 2007 Edition Standard Form of Agreement Between Owner and Architect FOR THE CAPITOL THEATRE EXPANSION Dated May 6, 2008 ITEM Fee B&O Tax Architectural Total Fee Fees Lighting and Sound Systems Communications Routes Design of Network Electronics TOTAL ADDITIONAL FEES $ 2,000.00 $30.00 $ 190.00 $2,220.00 $ 7,000.00 $ 105.00 $ 190.00 $7.295.00 $ 51,500.00 $ 772.50 $ 3,135.00 $ 55,407.50 NOTE: Current estimated Construction Cost as of February 9, 2009 Amendment No. 1 L 1.5% APPROVED BY: CITY OF YAKIMA TRAHO ARCHITECTS, P.S. R. A. Zais, Jr. /City Madager- City Contract No. 2008-90 Resolution No. R-2008-102 /111 e net`h G. Ormbre c 'resident $ 3,858,167.00 $ 57,872.51 2/6/09 WOMER & ASSOCIATES Mr. Ken Ormbrek TRAHO Architects 1460 N. 16th Avenue, Suite A Yakima, WA 98902 Architectural • Engineering • Structural • Planning • Environmental Services A Certified Minority Business Enterprise October 14, 2008 RE: Proposal for Engineering Services — Production Center Addition at The Capitol Theatre Womer Proposal #08033 Dear Mr. Ormbrek: Womer and Associates, Inc. (Womer) is pleased to offer the following proposal to provide structural engineering services for this project located in Yakima, Washington. Project Description It is our understanding that this project will include a new addition to the east side of the theatre and some modifications to the existing structure, with a total project construction cost between $3,000,000 and $3,500,000. The new addition will contain two new floor levels, plus a mezzanine and partial basement, with a total floor area of approximately 30,000 square feet. It will use open -web steel bar joists at the roof and floor levels, supported on steel beams and steel columns, with precast/prestressed concrete walls around the exterior of the building. Modifications to the existing structure will include new stair access to the basement on the south side of the stage and multiple new openings through the existing east wall of the building at stage level. It is our understanding that the new openings will only remove portions of the brick infill wall between the concrete columns and spandrel beams. As a result, no existing columns or beams will be modified or removed. Scope of Work Design Phase: Womer will provide structural engineering calculations and drawings, including general notes, as necessary for plan review submittal and construction. Gravity and lateral design of the new addition will be in accordance with the 2006 International Building Code. Precast/prestressed wall panels for the new addition will be designed and built by a concrete fabricator, such as Central Pre -Mix, using the load demands generated by our office. At this time, site -cast concrete walls that require full design and detailing by our office is not considered part of this proposal. If this option is selected we will gladly provide you with an updated fee proposal. Regarding the proposed modifications to the existing east wall of the theatre, our scope of work will involve the following: • Evaluate the response characteristics of the existing building to determine lateral wind and seismic demands on the wall • Evaluate the loss of lateral wall stiffness caused by the new openings 1819 E. Springfield, Spokane, WA 99202 509-534-4884 Fax (509) 534-4943 Toll -Free (888) 966-3778 Web Site. www.wwomer.com Proposal #08033 October 14, 2008 Page 2 of 4 • Design and detail new lateral -force -resisting elements (e.g. shear walls, braced frames, rigid frames, etc.) to resist the full wind and seismic demands and provide the required level of stiffness It is anticipated that no additional retrofitting or upgrading of The Capitol Theatre will be necessary as a result of the modifications to the east wall. Therefore, our scope will be limited to the specific work items noted above. Items not generally considered part of our design scope of services include; • Design for poor soil conditions that require unique foundation configurations (e.g. pile supports) • Design of temporary excavation shoring • Condition assessment of existing building components Construction Phase: Womer will also provide construction support services to include shop drawing review, response to RFI's, drawing clarification, and up to three (3) site visits. Items not generally considered part of our construction scope of services include: • Inspection services or material testing • Temporary shoring of new or existing structure • Requested site visits and meetings in addition to those identified above • Modifications to final engineered design requested after start of construction • Construction errors and/or omissions that require an engineered solution • Preparation of as -built (record) drawings Deliverables Womer will provide one set each of structural' calculations and drawings, stamped and signed as necessary for plan review submittal. Reproduction of the drawings for bidding purposes is not included in this proposal. Fee Womer proposes to provide these professional design services for the following amounts: Design of New Addition: $31,500 (Lump Sum) Modifications to Existing Structure: •-'$1L'2 000?(FWourly, INot'toIErceed Construction Administration: 1 -8;500 -(Lump Sum) Please note the following: • Reimbursable expenses (i.e. shipping and travel) are not included in the total fee and will be billed separately on a direct -cost basis, as incurred. • Not -to -exceed amounts noted above are estimated based on our understanding of the project scope at this time and shall not be interpreted as a guaranteed maximum fee. Womer will provide formal notification if an overrun is anticipated. • If additional services are requested, or changes are made to completed engineering work, Womer will contact you immediately to discuss an appropriate fee adjustment. • This proposal shall remain valid for a period of six (6) months, after which time, all terms and conditions shall become subject to review. If terms and conditions change, a new proposal will be submitted for approval. Proposal #08033 October 14, 2008 Page 3 of 4 Thank you for considering our firm's professional services for your project. We hope you find this proposal to be acceptable and we look forward to working with you. Sincerely, Robert E. Smith, P.E. Vice President Approved By: .)ignature «�1�q Date Attachments: General Provisions (I Page) OAProposnls1081Tmho108033 Capitol Theatre Addition doc Proposal #08033 October 14, 2008 Page 4 of.4 WVOMER AND ASSOCIATES, INC. ARCHITECTURAL SUBCONTRACT GENERAL PROVISIONS I. Authorization to Proceed Execution of this Agreement by the Architect will be authorization for Womer and Associates to proceed with the work, unless otherwise provided for in this Agreement. 2. Salary Costs Womer and Associates' Salary Costs, when the basis of compensation, are the amount of wages or salaries paid employees for work directly performed on the Project plus a percentage applied to all such wages or salaries to cover all payroll -related taxes, payments, premiums, and benefits. 3. Per Diem Rates Per Diem Rates, when the basis of compensation, are those hourly or daily rates charged for work performed on the Project by Womer and Associates employees of the indicated classifications. 4. Direct Expenses Direct Expenses, when part of the basis of compensation, arc those costs incurred on or directly for the Owner's Project, including, but not limited to, necessary transportation costs, including current rates for vehicles, meals and lodging; laboratory tests and analyses; computer services; word processing services; telephone, printing, binding and reproduction charges; all costs associated with outside consultants, subconsultants, and other outside services and facilities, and other similar costs. Reimbursement for Direct Expenses will be on the basis of actual charges plus 10 percent when furnished by commercial sources and on the basis of current rates when furnished by Womer and Associates. 5. Cost Opinions Ally Opinions of Probable Construction Costs (Cost Estimates) or Project economic evaluations will be on a basis of experience and judgment, but since it has no control over market conditions or bidding procedures, Womer and Associates cannot warrant that bids, ultimate construction cost, or Project economics will not vary from these opinions. 6. Standard of Care The Standard of care applicable to services will be the degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar services. Womer and Associates will reperform any services not meeting this standard without additional compensation. 7. Termination This Agreement may be terminated for convenience on seven (7) days' written notice or for cause, if either party fails substantially to perform through no fault of the other and docs not commence correction of such nonperformance within 5 days of written notice and diligently complete the correction thereafter On termination, Womer and Associates will be paid for all authorized work performed up to the termination date plus termination expenses, such as, but not limited to, reassignment of personnel, subcontract termination costs, and related closeout costs. If no notice of termination is given, relationships and obligations created by this Agreement, except Articles 9 through 13, will be terminated upon completion of all applicable requirements of this Agreement. 8. Payment to Womer and Associates Monthly invoices will be issued by Womer and Associates for all work performed under this Agreement. Invoices are due and payable upon receipt. 9. Limitation of Liability To the maximum extent permitted by law, Womer and Associates liability for Architect's damages will not exceed the compensation received by Wenner and Associates under this Agreement. 10. Severability and Survival If any of the provisions contained in this Agreement are held illegal, invalid or unenforceable, the enforceability of the remaining provisions shall not be impaired thereby Limitations of liability and indemnities shall survive termination of this Agreement for any cause. 1 L Asbestos or Hazardous Substances To the maximum extent permitted by law, the Architect will indemnify and defend Womer and Associates and its officers, employees, subconsultants, and agents from all claims, damages, losses, and expenses, including, but not limited to, direct, indirect, or consequential damages and attorney's fees in excess of the Limitation of Liability in Article 9 arising out of or relating to the presence, discharge, release, or escape of hazardous substances, contaminants, or asbestos on or from the Project. 12. Interpretation The limitations of liability and indemnities will apply whether Womer and Associates' liability arises under breach of contract or warranty; tort, including negligence (but not sole negligence); strict liability; statutory liability; or any other causes of action, and shall apply to Womer and Associates' officers, employees, and subcontractors. This Agreement shall be governed by and interpreted under the laws of the State of Washington. Any litigation to enforce this Agreement or any of its provisions shall be brought ill Spokane County, Washington. 13. No Third Party Beneficiaries This Agreement gives no rights or benefits to anyone other than the Architect and Womer and Associates and has no third party beneficiaries. Womer and Associates services are defined solely by this Agreement, and not by any other contract or agreement that may be associated with the Project. Routh Consulting Engineers, Inca December 21, 2008 Mr. Ken Ormbrek Traho Architects, P.S. 1460 N. 16th Avenue, Suite A Yakima, WA 98902 RE: CAPITOL THEATER ADDITION PROPOSAL FOR MECHANICAL ENGINEERING SERVICES Dear Mr. Ormbrek: Thank you for contacting Routh Consulting Engineers, Inc. regarding your project for an addition to the Capitol Theater in Yakima, Washington. In response, we are pleased to submit the following proposal for mechanical engineering services. Briefly, the project consists of constructing a new 15,000 two-story addition to the existing theater to provide a block -box theater and associated dressing and support spaces. Plumbing systems will consist of services to restroom, janitorial and dressing room facilities. A sewage ejector is envisioned because the basement is lower than the adjacent sewer utility service. HVAC systems will consist of rooftop, gas/electric packaged units for the theater level sand split system gas/electric units for the basement. The design will consider addition of an additional floor above the theater at a later date. The entire building will be protected by an automatic fire sprinkler system. Extension of the fire sprinkler system serving the existing building will be evaluated for feasibility. If unfeasible, a new fire sprinkler system with new firewater utility service connection will be provided. The building will be submitted for LEED certification. Our standard scope of services will include preparing the mechanical (plumbing, HVAC, fire protection) drawings and specifications for integration into your construction document package. We anticipate that you will provide us with AutoCAD electronic files of your architectural floor plans, title blocks and associated support files as necessary to produce our drawings. For coordination and preliminary document submissions, we have planned on providing electronic files in PDF format via E-mail that may be printed by you as necessary. We will also provide one full size set of the final construction drawings with original stamps/signatures to include with the remainder of the construction document package for assembly and' duplication by you as appropriate. Specifications will be sent via E-mail in electronic format for printing, assembly and duplication by you as appropriate. We will also update construction cost estimates as necessary to track against project budgets. Phone: 509-547-8262 RO Box 3187 Pasco, WA 99302 PAX• 509-542-0650 Mr. Ken Ormbrek December 21, 2008 Page 2 We have also included assistance during bidding, review of mechanical submittals, in -office support for questions that may arise during construction and assistance with punchlist preparation. We have included time for monthly site visits during the construction period to facilitate our effort. Services provided to support LEED certification are considered additional to the standard scope of services described above. We anticipate involvement with credits WE 3.1 (water use reduction), Prerequisites EA I, 2 and 3 and credits EA 1, 4 and 5 (energy and atmosphere), Prerequisites EQ 1 and credits EQ 1, 5, 6.2, and 7.1 (environmental quality). We will prepare necessary documentation to support the LEED application, submitting via online project access, respond to conurients and incorporate revisions as necessary to receive identified LEED points. Some of these credits will require coordination and input for other disciplines. We will make necessary contacts to obtain this information. Most of the LEED related services will occur during the construction document phase. The remainder will occur during the construction administration phase, primarily in verifying equipment and materials submitted by the contractor meet specified LEED requirements. We propose to perform the services described above for fixed fee amounts of $22,500 for the standard scope of servicesand $5,000 for LEED related serer es Total fixed- fee amount is $27,500. We anticipate that you will provide us with a suitable subcontract agreement to authorize and initiate this work. We are prepared to begin this work upon your notice to proceed. We will determine the schedule for completion of our materials once underway, and will make every effort to accommodate schedule requirements of the Owner. Again, thank you for contacting Routh Consulting Engineers, Inc. We look forward to the opportunity to work with you on this project. If you have any questions regarding this proposal, please contact us. Sincerely, ,o. Riitai Richard D. Routh, P.E. President RDR:dir Letter File No. 08-079 Conley Engineering, Inc. Consulting Electrical Engineers MEMORANDUM January 6, 2009 To: Kenneth Ormbrek Traho Architects, P.S. From: Bob Blehart Re: Design Services Proposal City of Yakima — Capitol Theatre Annex - new construction — TA 04-10 Thank you for the opportunity to propose our electrical engineering services, starting January 1st, 2009 through Construction Documents end of March and through Construction ending in December 2009 for the Capitol Theatre Production Center Building. It is our understanding that this project consists of the construction of a new 22,258 square foot building located to the east of the existing building. The building will include provisions for the future addition of a mezzanine and an upper floor. We have based our proposal on the above, as well as, the following scope of work: Scope of Work: General: • Preparation of the plan drawings and diagrams in AutoCAD R2004 format for the design phases. We will use drawings and AutoCAD R2004 plan drawing electronic files from your office for plan backgrounds for preparation of Construction Documents. • Preparation of electrical specification s for the Construction Document phase formatted to match your specifications. • Coordination with the General Contractor/Construction Manager during the design and construction portions of the project. Existing Power Distribution System, Lighting System and Selective Demolition: • Preparation of selective demolition/reuse drawings for the existing building in AutoCAD R2004 format based on revisions to existing systems as described in the pre -design report. Lighting: • Design of new lighting systems for the main floor and lower level supporting spaces (Non stage), based on reflected ceiling plans provided by your office which identify desired lighting fixture locations and switch locations. This would include illumination level calculations based on Illuminating Engineering Society of North America (IES) C:IUserslKen OrmbreklAppDatalLocallMicrosoftlWindowstTemporary Internet Fi/eslContent/E5ISAQUEVUJImemo-brb-081222-Design Services ProposaLdoc P.O. Box 8326, Yakima, WA 98908 • 205 North 40th Avenue, Suite 201, Yakima, WA 98908 Voice: 509-965-9872 • Fax: 509-965-9873 TA 0440 - DESIGN SERVICES PROPOSAL recommendations as well as manual and automatic lighting controls (occupancy sensors, lighting control panel and switches). The lighting design would also include a meeting with you and the Capitol Theatre to finalize lighting fixture selection. • Design of the new Black Box "work" lighting will be based on a coordinated effort of the Capitol Theatre and your office which would identify the desired locations and Illumination levels. Control of these fixtures will be based on the Capitol Theatre's recommendations. Alternate options of Fluorescent, Ceramic Metal Halide and Incandescent work lighting will also be evaluated for this space. • The design of the stage and house lighting for the blackbox theatre will be by others. Our responsibility will be to provide power to stage and house lighting dimmer panels located in a second floor electrical room as well as to provide raceway from the dimmers to the stage lighting support system. • Design emergency egress and exit lighting for the main floor and lower level supporting spaces (non stage), as specified by the requirements of the International Building Code for the facility. Traho will identify the egress pathways and required exit doorways. Emergency egress lighting will be provided from fixtures with battery backed ballasts. Exit fixtures will be LED illuminated. • The Black Box portion of the facility will have an emergency power source so emergency egress lighting in the stage area will be provided from an uninterruptible emergency power system with battery backup. We will design the entire space with a minimum of one foot candle (as required by the IBC) to allow for multiple seating and stage reconfigurations. • Design of a new exterior lighting system for the building's perimeter to meet current IES recommended illumination levels for this type of facility. • Review and design old building egress and exiting. Design replacement of generator with an IPS system. • Exterior building facade and other specialty lighting fixture designs would be on a time and expense basis. • We will provide a completed Washington State Non-residential Energy Code compliance form (lighting portion) for your use in submitting to the Building Official. Power: • Design of a 480 volt and 208 volt power service and distribution systems for the building to be connected to Capitol Theatre furnished/Contractor installed EUSERC and distribution switchboards. Coordinate new distribution switchboard and new panelboard locations for the new building with your office and the Capitol Theatre. Coordinate power for KYVE, tour buses and exterior power outlets with your office, the Capitol Theatre and users. Coordinate the electrical requirements and locations of HVAC equipment with the mechanical consultant. • Design of the connection of the new building 208 volt, 3 phase power distribution system to the existing building power distribution system. This work will include the design of temporary 480 volt and 208 volt services to the existing Capitol Theatre Building when the new building is being constructed in order avoid conflicts with the two existing 480 volt and 208 volt Pacific Power temporary services. • Coordinate with your office and the Capitol Theatre regarding the location of power devices including convenience receptacles as well as circuits for specialty equipment such as kitchen Conley Engineering, Inc. Page 2 TA 04-10 - DESIGN SERVICES PROPOSAL equipment, dock levelers, powered overhead doors, dock pit power receptacles and office equipment. • Design of electrical circuits (including isolation transformers) to serve the existing sound system (to be relocated) in the existing building. The existing 480 volt service in the existing building currently serves the existing sound system as well as 208 volt distribution panelboards. The design work will include reconnecting the distribution panelboards to either the new 208 volt service from the new building or connecting them to the existing 208 volt distribution system. • Design of electrical circuits (including isolation transformers) to serve the sound system in the new building. The sound system will be provided by the Capitol Theatre. • A review of energy packages from the Utilities to incorporate energy cost saving measures that may result in a credit to the Capitol Theatre from the Utilities for both the new and existing buildings. • Evaluation of the existing house and stage lighting systems in the existing building. This will be done so that drawings can be prepared to show how the existing circuits are to be connected to new lighting dimmer panels located at the fly floor on the south end of the stage. If the Capitol Theatre desires us to design these items, we would be pleased to complete the work on a time and expense basis. Signal and Communications Systems: • Design in cooperation with Qwest a new telephone service to the new building. • Design of the interior communication system/data network for the new building including data and telephone connections (wall jacks, patch panels, racks and similar items), the locations of communication devices for the voice and data communications system will be coordinated with the Capitol Theatre; these locations will be coordinated with power outlet locations. The design will include a meeting with the Capitol Theatre to review the preliminary communications design. The design does not include the design of the network systems such as servers. • Design of new addressable, voice annunciated fire alarm system for the facility. The design will include fire alarm control panel, sound system, remote annunciator panels, smoke detection where required by Code, and connections to monitor the building sprinkler system (if installed), as well as the design of manual pull stations at each exit location and speaker/visual devices located in public areas. The design will also include interfacing with and upgrading the existing Capitol Theatre building fire alarm. • Design of a new security system monitoring the new building doors. • Design of lighting and sound intra -communications pathways and cabling. • Design of the network electronics. The network electronics (switches and similar items) located in the telecommunications rooms will be furnished and installed by the Capitol Theatre. We will have a meeting with the Capitol Theatre to coordinate the requirements of their network electronics with the cabling design. If the Capitol Theatre desires us to design these items, we would be pleased to complete the work on a time and expense basis. Please note that our scope of work does not include the following services: • Design of an intercom system or CCTV system (insofar as we are aware, these systems are not required for this project). Conley Engineering, Inc. Page 3 TA 04-10 - DESIGN SERVICES PROPOSAL • Design of a feeder circuit to the building that will replace the existing Wilson Building. • Design work and preparation of proposal requests related to Capitol Theatre requested changes made during bidding or construction that modify the Contract Documents. We propose to work on the project through completion of construction documents as well as to provide services during bidding and construction including, preparation of addendums, submittal review, answering Contractor questions, preparing change order proposal requests, and monthly site visits for the fee as described in the table below. A summary of our proposed fees as discussed above are as follows: Basic Services through Bidding and Construction - Includes Power, Lighting, Egress Lighting $50,500.00 Fixed Fee New. _aiid_Existing_Building 'Sound.SSystems Power -Dist$ -4;000^00 0 iFixed-Fee Review Utility Energy Packages $1;500.00 Fixed Fee l Evluation of Existing House and Stage Dimmer Systems Dis $2,500.00 Fixed Fele New Qwest Telephone Service $1,000.00 Fixed Fee Interior Communications Design $5,500.00 Fixed Fee Voice Annunciated Fire Alarm System $3,500.00 Fixed Fele lJ Integrate Existing Fire Alarm System $5,000.00 Fixed FI! Security System $2,500.00 Fixed Fee Lighting and Sound systems communications routes $2,000.00 Fixed Fee Design ;of Network E1'ec"tronies o , - .$7,00 0 Fixed -Fee Total: $85,000.00 M umiax m Again we appreciate the opportunity to work with you and Traho Architects. If the above proposal is acceptable please sign below and return a copy to our office. Acce ted by: T ' aho Architects CC: Job File / Chron File Conley Engineering, Inc. Page 4 CAPITOL THEATRE PRODUCTION CENTER Electrical Power, Lighting, Signal and Communication Systems Pre -Design Information TRAHO ARCHITECTS Conley Engineering, Inc. Consulting Electrical Engineers PRE -DESIGN INFORMATION TABLE OF CONTENTS TABLE OF CONTENTS Power Distribution System 3 Distribution 3 Branch Circuit Panelboards 3 Dimmer System Loads 4 Sound System Loads 4 Wiring Materials 5 Raceway 5 Conductors 5 Boxes and Fittings 5 Wiring Devices 5 Lighting System 5 General 5 Area Recommendations — Design Strategy 6 Offices 6 Dressing Rooms/Chorus 6 Work Lighting for Black Box 6 Hallways, Corridors and Restrooms 7 Kitchen 7 Mechanical Spaces 7 Electrical and Telecommunication Room Spaces 7 Exterior Lighting 7 Exit/Egress Emergency lighting 8 Controls 8 Interior 8 Exterior 9 Materials 9 Ballasts 9 Lamps 9 Fire Alarm System 9 Function 10 Materials 11 Security System 11 Materials 11 Communication System 11 Network Equipment 12 Appendix A — Preliminary Opinion of Cost 13 Appendix B — One Line Diagrams 14 © 2009 Conley Engineering Inc. Revision: 01/09/09 PRE -DESIGN INFORMATION POWER DISTRIBUTION SYSTEM Distribution New 208Y/120 volt and 480Y/277 volt, three phase electrical services will be provided to the new production center facility from existing Pacific Power transformers located to the south of the site. The 208Y/120 volt distribution system will consist of a Capitol Theatre furnished EUSERC and 3000 amp, 208Y/120 volt main distribution switchboard with three 1600 amp main circuit breakers. Two 1600 amp main circuit breakers will serve the existing Capitol Theatre building main distribution switchboard and a 1600 amp distribution panelboard for the new dimmers. A third 1600 amp main will serve a 1600 amp distribution panelboard that will serve smaller branch circuit panelboards and other miscellaneous loads such as kitchen and office equipment. A new 1600 amp feeder from the switchboard will be extended to the existing Capitol Theatre building and will be connected to the existing switchboard located in the basement. This circuit will reconnect to the switchboard using a portion of the existing conduits routed through the main floor into the top of the switchboard with new junction boxes located on each side of the wall. The 480Y/277 volt distribution system will consist of a Capitol Theatre furnished EUSERC and 1600 amp, 480Y/277 volt distribution switchboard with three 800 amp main circuit breakers with provisions for a future fourth 800 amp circuit breaker. One of the three circuit breakers will serve an 800 amp distribution panelboard that will serve dedicated lighting and mechanical panelboards, kitchen, laundry and general use panelboards as well as other miscellaneous loads such as the elevator. The two remaining circuit breakers will be for future load additions including the new Pavilion (formerly the Wilson Building) and additions (upper floor) to the Production Center. No provisions for the Pavilion will be installed at this time; space will be reserved for four 4" conduits to provide a pathway from the switchboard to the alley located to the north. Space will also be reserved from the switchboard, into the mezzanine of the new production center building in order to provide a pathway for future upper floor loads. Branch Circuit Panelboards Panelboards will be 480Y/277 volt and 208Y/120 volt, three phase, four wire, with main lugs. Branch circuit panelboards shall be lockable. Panelboards will be flush mounted in finished areas and surface mounted in electrical/mechanical rooms. Bussing will be copper. © 2009 Conley Engineering Inc. Page 3 PRE -DESIGN INFORMATION Branch circuit panelboards will be located on each floor and will be sized to serve present loads. Panelboards will be designated by function: "N" or normal panels will serve general purpose loads such as outlets, office equipment and sensitive electronic equipment. "MP" or "P" panels will serve lighting and mechanical loads. "KP" panels will serve kitchen loads. Refer to the attached one line diagrams for further information. Spare conduits will be provided to accessible space to serve future loads from flush mounted panelboards. Panelboards will be specified with approximately 30% space and 25% spare breakers. Dimmer System Loads The new building distribution system will serve three new Owner furnished, Contractor installed 800 amp dimmer panels that will serve stage and house lighting for the new building. As stated previously, the three dimmer panels will be served from a 1600 amp, 208Y/120 volt distribution panel located in the second floor mezzanine electrical room with the new dimmers. The installation and start up of the dimmers will be specified to be completed in cooperation with the dimmer equipment supplier. The existing Capitol Theatre building currently has two 600 amp stage dimmer modules and one 1200 amp house lighting dimmer module. The intention is to replace these existing dimmer modules in the future with three new 800 amp dimmer modules located on the fly floor mezzanine to the south of the stage. The existing branch circuits to the stage and house lights will be rerouted to the location of the new dimmer panels. Feeders to these dimmers can be run from the existing building switchboard or the new building either fromm the mezzanine electrical room or the basement electrical room. No design work for reconnecting the existing dimmers at the fly floor mezzanine is included in the project. Sound System Loads The new Owner furnished sound system will be served via a dedicated 480-208Y/120 volt step down isolation transformer located in the new Production Center mezzanine electrical room. The existing sound system located in the existing Capitol Theatre is served from an existing 150 kVA 480-208Y/120 volt step down transformer. The transformer serves an existing 200 amp panelboard that serves the sound system as well as other miscellaneous building loads. The transformer also serves an ,existing 100 amp disconnect that is currently used to serve sound equipment provided by visiting production companies. The Capitol Theatre has requested that the existing sound system equipment be removed from the existing panelboard and that the equipment be served from a new branch circuit panelboard dedicated for sound system use. The existing sound system dedicated panelboard will be served from a new (or the existing) dedicated 480-208Y/120 volt step down isolation transformer located in the existing Capitol Theatre fly floor electrical room. The existing sound system disconnect will also be served from this transformer. © 2009 Conley Engineering Inc. Page 4 PRE -DESIGN INFORMATION Wiring Materials RACEWAY Raceway installed above grade will be EMT. Raceway for underground circuits will be electrical grade, schedule 40 gray PVC conduit. 90 degree bends and transitions into the building will be with rigid steel elbows. CONDUCTORS Service conductor and feeder circuits will be individual stranded copper conductors. Insulation type will be XHHW or THHN/ THWN. Branch circuits will be individual insulated copper conductors. Insulation type will be THHN/THWN. BOXES AND FITTINGS Conduit fittings for all above grade circuits will be steel, compression fittings. Device boxes will be steel, one piece, deep drawn, non welded device boxes. Conduit will be attached to wood framing using one hole clamps with wood screws, and to steel framing using one hole clamps with sheet metal screws. WIRING DEVICES Receptacles will be specification grade, 20 ampere, duplex, nylon face with stainless steel cover plates. Switches will be specification grade, heavy duty, twenty ampere, ivory in color. LIGHTING SYSTEM General The lighting systems generally are designed in accordance with the Illumination Engineering Society of North America. (IESNA) recommendations, and the Washington State Nonresidential Energy Code. Illumination levels in specific areas are based on the IES recommended levels for the specific area where these levels can be met while maintaining the lighting power density required by the Energy Code for the area use. The IES illumination level recommendations are generally based on the type of activity, specific tasks for particular areas, and age of the patrons. The tabulation below is a condensed listing of the Illumination Engineerin& Society's current lighting level (illuminance) recommendations as listed in the IESNA Lighting Handbook (Ninth Edition). This listing is intended as a general guide for selecting an appropriate lighting level for design and evaluation of lighting systems. © 2009 Conley Engineering Inc. Page 5 PRE -DESIGN INFORMATION Type of Activity Illuminance Category Range of Illuminance Footcandles Public spaces A 3 Simple orientation for short visits B 5 Orientation and simple Working spaces where simple visual tasks are performed C 10 visual tasks Performance of visual tasks of high contrast and large size D 30 Performance of visual tasks of high contrast and small size or visual tasks of low contrast and large size E 50 Common visual tasks Performance of visual tasks of low contrast and small size F 100 Performance of visual tasks near threshold G 300-1000 Special visual tasks Area Recommendations — Design Strategy Lighting recommendations for specific areas are as follows: OFFICES IES Illuminance Level D is recommended by IES. Fixtures will be specified as two or three lamp fluorescent lenses troffers. • Locations will be based on reflected ceiling plans provided by Traho Architects. DRESSING ROOMS/CHORUS IES Illuminance Level D/E with a higher task lighting of 100 footcandles at the mirrors is recommended by lES. Fixtures will be specified as fluorescent for general illumination. Supplemental Task lighting will be provided at the dressing mirrors and would consist of incandescent, fluorescent, or a combination of both fixtures depending on the Capitol Theatre's requirements. • Lighting fixture locations, lighting levels and lighting fixture types will be based on coordination with Traho Architects and The Capitol Theatre. WORK LIGHTING FOR BLACK BOX IES Illuminance Level D/E is recommended by IES. The Capitol Theatre has recommended the use of Metal Halide fixtures with an illumination level of 30 footcandles maintained. Alternate options of Fluorescent, Ceramic Metal Halide and Incandescent work lighting may also be evaluated for this space. • Lighting fixture locations, lighting levels and lighting fixture types will be based. on coordination with Traho Architects and The Capitol Theatre. • The design of the stage and house lighting for the blackbox theatre will be by others. Conley Engineering's design responsibility will be to provide power to stage and house lighting dimmer panels located in a second floor electrical room as well as to provide raceway from the dimmers to the stage lighting support system. © 2009 Conley Engineering Inc. Page 6 PRE -DESIGN INFORMATION HALLWAYS, CORRIDORS AND RESTROOMS IES Illuminance Level C/D is recommended by IES. Fixtures will be' specified as two lamp recessed fluorescent and recessed compact fluorescent. Public restrooms and corridors may also include wall sconces. • Locations will be based on reflected ceiling plans provided by Traho Architects. KITCHEN LES Illuminance Level D/E is recommended by IES. Fixtures will be specified as three lamp, four foot, fluorescent. • Locations will be based on equipment layouts. MECHANICAL SPACES IES Illuminance Level D is recommended by LES. Fixtures will be specified as two or three lamp, four foot, chain hung fluorescent. e Locations will be based on equipment layouts. ELECTRICAL AND TELECOMMUNICATION ROOM SPACES IES Illuminance Level D is recommended by IFS. Fixtures will be specified as chain hung fluorescent. • Locations will be based on equipment layouts. EXTERIOR LIGHTING Exterior lighting will be a combination of Incandescent, Fluorescent, Metal Halide, and possibly LED. Exterior Alley Lighting • Vertical Illuminance: On walls, 3 footcandles (IES, Buildings, Floodlighted, Dark surroundings, medium light surfaces). • Horizontal Illuminance: On pedestrian areas, 5 footcandles (Building Exteriors, Entrances, Active). • Performance Considerations: o Appearance of space — this is important because the lighting used helps to define the building to visitors. o Color appearance and contrast — this adds definition to various building materials and possible artwork used and highlight their unique qualities. o Avoiding direct glare as glare could temporarily blind pedestrians at night. o Avoiding light spill to tenants located on the opposite side of the alley. o Highlighting the entrance to help guide pedestrians to doors. o Preventing shadows in pedestrian areas to allow them to safely move towards the building Truck Dock Lighting — two lighting levels will be provided; general building security illumination and active truck loading and unloading. • Vertical Illuminance• On walls, 3 footcandles (IES, Buildings, Floodlighted, Dark surroundings, medium light surfaces) for both. © 2009 Conley Engineering Inc. Page 7 PRE -DESIGN INFORMATION • Horizontal Illuminance: General security, 3 footcandles (Building Exteriors, Inactive) and Truck Use, 10 footcandles (Loading and Unloading, Platforms). • Performance Considerations: o Separate lighting level controls. o Minimizing light spill. Existing West Facade lighting is not including in the design. EXIT/EGRESS EMERGENCY LIGHTING Emergency egress and exit lighting for the main floor and lower level supporting spaces (Non stage), will be designed as specified by the requirements of the International Building Code for the facility. Traho will identify the egress pathways and required exit doorways. Emergency egress lighting will be provided from fixtures with battery backed ballasts. Exit fixtures will be LED illuminated. The Black Box portion of the facility is required to have an emergency power source so emergency egress house lighting and LED exit signs in the stage area will be provided from an integrated power dimming system with battery backup. The entire space will be designed with a minimum of one foot candle (as required by the IBC) to allow for multiple seating and stage reconfigurations. The existing Capitol Theatre building egress lighting will be evaluated and upgraded to meet the International Building Code for that type of facility. A new integrated power dimming system will replace the existing generator set for new and existing emergency egress and exit lighting fixtures in the existing building. Controls INTERIOR Each individual space within the facility will have its own individual lighting system controls. The switching controls will be located adjacent to the entrance to the space. Where there is more than one entrance to the space, lighting system switching will be provided at each entrance. Except for general use corridors, restrooms and mechanical rooms, individual lighting controls for spaces will be by a combination of an occupancy sensor (either ceiling mounted or wall switch mounted), and wall switch to comply with the Washington State Non Residential Energy Code. The NREC requires that buildings greater than 5,000 square feet have means to turn off lighting during unoccupied hours. These devices will be installed such that the occupancy sensor will control all of the lighting fixtures in the room, and will shut the lights off when the room is not occupied. The length of time between when the room is unoccupied, and the lights are automatically turned off will be adjustable with a maximum time of 30 minutes. © 2009 Conley Engineering Inc. Page 8 PRE -DESIGN INFORMATION Lighting in public corridors and restrooms will be controlled by low voltage lighting switching controlled by a programmable lighting controller that can be overridden at a location specified by the Capitol Theatre, in order to turn off lighting when the building is unoccupied. The system will allow individual switches to override the building energy management system controls (for use by maintenance staff during unoccupied hours). EXTERIOR Exterior lighting will be controlled via a combination of a photocell and lighting control panel. Timers in the lighting control panel for each circuit will have the ability to override the operation of the photocell. Materials BALLASTS Electronic ballasts will be provided in fluorescent lighting fixtures. In areas where three lamp fixtures are used, multiple ballasts may be used to provide multi-level switching. Ballasts will be specified with less than ten percent THD. LAMPS Lamps will consist of Incandescent, Halogen, Fluorescent, and HID. In areas where fluorescent fixtures are installed, T8 lamps or triple biax lamps (for recessed compact fluorescent fixtures) will be provided. Metal Halides will be either ceramic or pulse start. Temperature and CRI index (color rendering) for the lamps will be as required by The Capitol Theatre. Fire Alarm System The fire alarm system will consist of a voice annunciated, addressable fire alarm system with a main control panel, remote annunciator panel, main annunciator panel, voice system amplifier, initiating, signaling, and output devices. The system will be battery backed, and will be constantly supervised. The current International Building Code requires that Group A occupancies that hold more than a thousand people be provided with a voice annunciated fire alarm system. Although the production center itself will not be able to house more than a thousand people, the combination of both the existing and new portions of the facility will be able to house more than a thousand people. It is recommended that this be reviewed with the City of Yakima Code Enforcement to determine if a voice annunciated system will be required in the existing building. If it is required, the existing facility will need to be retrofitted with a voice annunciated fire alarm system as well. It also may be possible to remove the voice annunciation feature of the fire alarm system for the new building, if an area separation between new and old buildings is possible. The main fire alarm control panel will be located in the Production Center basement electrical room. This panel will contain zone input modules, test circuits, sound amplifier, relay modules, the battery backup system, and signaling modules. © 2009 Conley Engineering Inc. Page 9 PRE -DESIGN INFORMATION The main annunciator panel will be located per requirements of the City of Yakima, where it is visible from the outside. This panel will be flush mounted. The initiating devices will consist of manual hand pull stations, smoke detectors, duct smoke detectors, heat detectors and fire protection sprinkler valve tamper and flow monitor switches. The location and arrangement of these devices will be determined by Code requirements and the Capitol Theatre. Duct smoke detectors will be provided at the location of mechanical air handling units with air flows greater than 2000 CFM (rooftop units). Tamper, flow, and pressure switches will be provided for wet and dry fire protection sprinkler systems. Hand pull stations will be provided at exit locations required by Code, flush mounted at forty-eight inches above the finished floor to the top of the device. Signaling devices will consist of speaker/strobe combinations located in public use areas such as the production area, restrooms as well as corridors and commons areas. The devices will have the ability to provide voice annunciation. Signaling devices will be mounted at eighty inches to ninety six inches above finished floor. Outputs will consist of relays to shutdown HVAC units and close magnetic door hold opens (if required by Code or by the Architect). Magnetic door hold opens will be specified under other Divisions of the specifications (if required). The shutdown relays will be located at the rooftop HVAC unit control locations. The existing Fire Alarm will be integrated into the new Fire Alarm system by adding addressable modules to existing devices and extending existing circuits to the main panel. FUNCTION The system will function as follows: The activation of a manual hand pull device or other initiating device will generate the following: 1. Activate speaker -visual alarm devices automatically. The speakers will provide annunciation of a pre-recorded message. 2. Light an identifying zone LED on the fire alarm control panel, and a lamp on the remote zone annunciator(s). 3. Initiate off -premises reporting. 4. In addition to the above functions, actuation of a duct detector will shutdown air handling units and close fire/smoke dampers. The activation of the system trouble annunciation function will be initiated by the following: 1. Activation of tamper switches for the sprinkler system © 2009 Conley Engineering Inc. Page 10 PRE -DESIGN INFORMATION 2. Determination of circuit wiring problems or operational malfunction as determined by microprocessor diagnostics within the control panel. MATERIALS Wiring for the fire alarm system will be installed in a metallic conduit system. The conductors will be individually insulated copper conductors. Security System The security/door access system will consist of flush mounted proximity card readers associated with magnetic door locks for exterior doors at locations designated by the Owner. Doors will have intrusion detection switches. The door access/security main control panel will be located in the Production Center basement, data room. MATERIALS The security system wiring will be installed in metallic conduit. Communication System Communications cabling, racks, patch panels and similar items for telecommunications data and voice infrastructure will be provided under the construction contract. Cabling between lighting systems and sound systems will be provided under the construction contract and shall be coordinated with The Capitol Theatre. The cabling shall be Category 6 cabling. Each communications (data/voice) outlet will have two Category 6 cables, each terminating in a RJ -45 communications jack, unless otherwise noted on the drawings or directed by The Capitol Theatre. General use offices will have two communications outlet locations, located on opposite walls of the office. Shared use offices will have three or four communications outlet locations. Dressing rooms will have one communications outlet each; Chorus will have three or four communications outlet locations. Copper/Fiber will be provided between the existing and new buildings to link the switches together. Raceway will consist of device boxes, junction boxes, and metallic conduit. Data rooms will have plywood backboards on all four walls. The communications system design will be per ANSI/TIA/EIA, BICSI and ISO/lE,C telecommunications standards. © 2009 Conley Engineering Inc. Page 11 PRE -DESIGN INFORMATION Network Equipment Network equipment will consist of an IP phone switch and 25 IP phones; with voice mail, auto attendant, transfer, conferencing, and other features. Three managed switches will be located in the new and old buildings in the data rooms to link all the intra building communications. A router will be located in the new data room to link the internet and inter building communications to the intra building network. Wireless access points will be located in the new Production Center. © 2009 Conley Engineering Inc. Page 12 PRE -DESIGN INFORMATION APPENDIX A - PRELIMINARY OPINION OF COST © 2009 Conley Engineering Inc. Page 13 PRE -DESIGN INFORMATION APPENDIX B - ONE LINE DIAGRAMS © 2009 Conley Engineering Inc. Page 14 ARCHITECTS, P.S. BUDGET SUMMARY PRODUCTION CENTER ADDITION THE CAPITOL THEATRE City Project No. 2231 1460 NORTH 16TH AVENUE, SUITE A YAKIMA, WASHINGTON 98902 (509) 452-0609 FAX. (509) 452-0578 July 9, 2009 Traho Project No. 08-13 BID AMOUNT 22% WSST & FEE BUDGET AMOUNT BASIC BID $3,970,290 $873,464 $4,843,754 ALTERNATE #2 $627,653 $138,084 $765,737 First Floor Finishes ALTERNATE #3 $495,183 $108,940 $604,123 Second Floor Finishes ALTERNATE #4 $189,036 $41,588 $230,624 Sound Doors ALTERNATE #5 $99,889 $21,976 $121,865 Existing Building Electrical Improvements ALTERNATE #6 HVAC @ Existing Building Equipment Room $20,002 $4,400 $24,402 Sub Total Exterior Second Floor Patio Allowance: Lighting, Cornice and Canopy $5,402,053 $252,560 $247,026 $1,188,452 $55,563 $54,346 $6,590,505 $308,123 $301,372 TOTAL CONSTRUCTION COST $5,901,639 $1,298,361 $7,200,000 MEMBER AMERICAN INSTITUTE OF ARCHITECTS KENNETH G. ORMBREK, A.I.A. ARCHITECTS, P.S. October 30, 2009 AMENDMENT NO. 3 1460 NORTH 16TH AVENUE, SUITE A YAKIMA, WASHINGTON 98902 (509) 452-0609 FAX. (509) 452-0578 Page 1 of 1, • ' AIA DOCUMENT B101 - 2007 Edition Standard Form of Agreement Between Owner and Architect' FOR THE CAPITOL THEATRE EXPANSION Dated May 6, 2008 ARTICLE 4 ADDITIONAL SERVICES This amendment to the AIA Agreement is for additional services for the Production Center and existing -Theatre building as described below. The total project budget for A/E fees is 12% of the construction cost. Basic Services A/E fees = 8.5% per agreement; Construction Management Services = 2% per agreement; Additional Services = 1.5% maximum. The total amount of this amendment will not exceed 1.5% of the total Construction Cost per Exhibit B of AIA Document Bi -0l. ITEM Fee B&O Tax Architectural ' Total Fee Fees Article 4 Additional Services /'I'raho Contract / Page 9 4 T.22 Commissioning (8211-2007) Architectural Design Fees , • Exterior Second Floor Patio/Terrace (Budget Summary / $252:560 00 @ 8.5%) $ 32,550.00 $ 488.25 $ 0 00 $ 33,038.25 $ 0 00 $ 0 00 $ 21,467 60" $ 21,467 60 Lighting, Cornice and Canopy $ 0 00 , $ 0 do $ 20,997.21 $ 20,997.21 (Budget Summary / $247,026.00 @ 8.5%) TOTAL FEES AMENDMENT NO. 3 APPROVED BY: CITY OF YAKIMA , R. A. Zais, Jr / City AT ager City'Contract,No 2008-90 Resolution No R- 2 On 8 -- (OZ $ 32,550.00 $ 488.25 $ 42,464.81 $ 75,503.06 TRAHO ARCHITECTS, P.S. ennieth G Ormbrek / President MEMBER AMERICAN INSTITUTE OF ARCHITECTS KENNETH G. ORMBREK, A.I.A. II MIN il=111 allyip Welsh Commissioning Group, Inc. Proposal for USGBC LEEDTM V2.2 Commissioning Authority Services Capitol Theatre, Yakima Washington Date: October 19, 2009 To: Ken Ormbrek Traho Architects By: Bryan Welsh, President Welsh Commissioning Group, Inc. may.- 42Akl44-- Welsh Commissioning Group, Inc. (WCG) is pleased to offer the following proposal for Commissioning Authority (CxA) services per the listed Scope of Work and Cost Proposal Detail. The proposal includes LEED pre -requisite commissioning and an option for Enhanced Commissioning (EA Credit 3). Note: the project is under construction and the design review required in EA Credit 3 would be conducted late in the process. There are credit interpretations that should allow this, however, WCG makes no assurance that this is the case. Scope of Work: Project Description: Construction of a new 3 -level theatre facility. The project has the goal of achieving LEED Certification. The project is currently under construction. The systems to be commissioned under this proposal include the following systems. There is no renewable energy systems planned for the project. • Heating, ventilating, air conditioning, and refrigeration (HVAC&R) systems (mechanical and passive) and associated controls • Lighting and daylighting controls • Domestic hot water systems The specific systems to be commissioned include the following: HVAC (5) Rooftop AC units (3) Exhaust fans (2) Split system heat pumps (3) Wall heaters (1) Duct heater 4508 Auburn Way N., Suite B www.wcxg.com Phone (253)856-3322 Auburn, WA 98002 Fax (253)859-2072 M Lighting (2) Occupancy sensors (52) Zones of lighting control Does not include any stage lighting Domestic Hot Water (2) Gas water heaters (1) Circulation pump (1) Point of use water heater The work as provided by the CxA under this proposal shall include the following procedures and deliverable products to meet the requirements of LEED Energy and Atmosphere Prerequisite I — Fundamental Commissioning of the Building Energy System (Scope A — EA PR1) and Energy and Atmosphere Credit 3 — Enhanced Commissioning (Scope B - EA CR3). For reference, these requirements are provided under Exhibit A, LEED V2.2 Commissioning Requirements. A. LEED Energy and Atmosphere PR1 - Fundamental Commissioning of the Building Energy System 1. The CxA shall review the Owner Project Requirements (OPR) and design team Basis of Design (BOD). The OPR is provided by the Owner with assistance from the design team. The BOD is provided by the design team. CxA review comments will be provided in a written report to the project team through the Project Manager. 2. The CxA shall review contract documents and contractor provided submittals then develop a complete Final Commissioning Plan to the Owner, Design Team and Contractors in a timely fashion following the date of submittal approval by the Project Design Engineer(s) of record for all systems to be commissioned. At a minimum, this Commissioning Plan shall include the following: • All items in the preliminary commissioning plan. • A complete list of the systems to be commissioned. • Installation verification data entry forms for systems and equipment to be commissioned. • Startup documents (checklists) for systems and equipment as provided by the Contractors. • Functional performance test procedures and data entry forms for systems and -- equipment designated to be functionally performance tested. • A sample version of the commissioning issues list. This list is to be maintained and updated by the CxA on a regular basis during the entire commissioning process. 3. The CxA shall schedule, organize and coordinate on-site commissioning meetings including an initial commissioning coordination meeting with the Owner, Design Team and Contractors to present the commissioning plan, and discuss issues related to the proposed commissioning process. Subsequent meetings will be for the purpose of coordinating commissioning tasks with the contractor and discussing unresolved issues. Meeting agenda and minutes shall be provided by the CA. Coincident with meetings, site observations shall be conducted by the CA during the construction process. The purpose of these observations will be to evaluate compliance to contractual obligations such as cleanliness, capping ductwork, access to equipment, maintainability and so forth to identify concerns before they are repeated throughout the project. A site observation report will be provided. See Cost Proposal Detail for number of site visits related to coordination meetings and site observations included in the work scope. 4. The CxA shall verify start-up of selected systems and collect and review start-up documents provided by the Contractor. Start-up and test witness reports will be provided. To include witnessing of air handler start-up only. 5. The CxA shall be responsible for performing documented installation verifications to confirm that the equipment and systems designated for commissioning are completely installed and ready for functional testing. 6. The CxA shall be responsible for scheduling, coordinating and participating in the completion of all functional performance testing as detailed in the Commissioning Plan. This work includes the completion of all data entry forms for inclusion in the Final Commissioning Report. 7. The CxA shall verify testing, adjusting and balancing (TAB) work (10% sample basis), review the TAB report and document and report all issues. 8. The CxA shall retest or otherwise verify reported corrections on a one time per issue basis. Additional retesting and verification of corrections shall constitute work beyond the scope of this proposal. 9. At the completion of all commissioning related procedures, the CxA shall be responsible for assembling and producing the Final Commissioning Report. This report shall contain at a minimum the following: • Signed Executive Summary • A copy of the Commissioning Plan • Documented reviews • Site Observation Reports • Copies of all completed data entry forms related to installation verification checklists, start-up checklists, and functional performance tests • A fmal version of the commissioning issues list showing the current resolution status of all issues, including the status of those issues still outstanding B. LEED Energy & Atmosphere Credit 3 — Enhanced Commissioning 1. The CxA shall conduct one commissioning design review of the design documents prior to mid -construction documents phase and back -check the review comments in the subsequent design submission. 2. The CxA shall review contractor submittals applicable to systems being commissioned for compliance with the OPR and BOD. This review shall be concurrent with A/E reviews and submitted to the design team and the Owner. 3. The CxA shall develop a systems manual that provides future operating staff the information needed to understand and optimally operate the commissioned systems. 4. The CxA shall verify that the requirements for training operating personnel and building occupants are completed. 5. The CxA shall conduct a review of building operation within 10 months after substantial completion with O&M staff and occupants to include a plan for resolution of outstanding commissioning -related issues. .1010. Exhibit A — LEED V2.2 Commissioning Requirements LEED EA PRI — Fundamental Commissioning of the Building Energy System Per LEED V2.2: The following commissioning process activities shall be completed by the CxA: 1) Designate an individual as the Commissioning Authority (CxA) to lead, review and oversee the completion of the commissioning process activities. 2) The Owner shall document the Owner's Project Requirements (OPR). The design team shall develop the Basis of Design (BOD). The CxA shall review these documents for clarity and completeness. The Owner and design team shall be responsible for updates to their respective documents. 3) Develop and incorporate commissioning requirements into the construction documents. 4) Develop and implement a commissioning plan. 5) Verify the installation and performance of the systems to be commissioned. 6) Complete a summary commissioning report. Per LEED V2.2: Commissioning process activities shall be completed for the following energy- related systems, at a minimum: • Heating, ventilating, air conditioning, and refrigeration (HVAC&R) systems (mechanical and passive) and associated controls • Lighting and daylighting controls • Domestic hot water systems • Renewable energy systems (wind, solar etc.) LEED EA CR3 — Enhanced Commissioning Per LEED 2.2: The following commissioning process activities shall be completed by the CxA: 1) The CxA shall conduct, at a minimum, one commissioning design review of the Owner's Project Requirements (OPR), Basis of Design (BOD), and design documents prior to mid -construction documents phase and back -check the review comments in the subsequent design submission. 2) The CxA shall review contractor submittals applicable to systems being commissioned for compliance with the OPR and BOD. This review shall be concurrent with A/E reviews and submitted to the design team and the Owner. 3) Develop a systems manual that provides future operating staff the information needed to understand and optimally operate the commissioned systems. 4) Verify that the requirements for training operating personnel and building occupants are completed. 5) Assure the involvement by the CxA in reviewing building operation within 10 months after substantial completion with O&M staff and occupants. Include a plan for resolution of outstanding commissioning -related issues. 6) Provide a LEED formatted signed letter of certification confirming the required tasks are complete or a contract is in place for completion. Per LEED V2.2 Resource Guide Terms and Conditions: 1. This proposal is a lump sum value. Additional services outside the scope of this proposal are available at the current WCG Commissioning Project Manager billing rate, plus related expenses at cost if applicable. 2. This proposal represents the Commissioning Authority's interpretation of the project requirements. This proposal is limited to the level of effort indicated for each work scope item. Any project requirements not reflected in the proposed work scope that are later determined to be necessary will be handled by a negotiated change to the contract. 3. This proposal is valid only if the specifications as provided by WCG have been included in the contract documents. 4. The work scope proposed includes re -testing or re -verifying issues on a one -time -per - issue basis. Additional tests or re -verification beyond one per issue will be outside the scope of this proposal and will only be completed as approved by the Client, and at an additional cost.' Note: The commissioning specifications as provided by WCG contain language that allows for reimbursement (from the Contractor to the Client) for these additional costs. 5. Commissioning services require access to a variety of design and submittal documents from the Client, design team and various contractors. This includes, but is not limited to, conformed specifications and drawings, product submittals, installation/start-up forms and test forms. This proposal is contingent upon timely submittal of requested documents to the Commissioning Authority. 6. Commissioning services requires full access to the building control systems. This proposal is contingent on the commissioning provider being provided full access to the building control system, both remotely and locally. This includes any required access to the client's network system. 7. The commissioning requirements as specified on this project require the full cooperation and assistance of the General Contractor in assuring the participation of all related sub - contactors as willing participants in the commissioning process. WCG shall not be held accountable for failure to complete the commissioning work scope due to lack of cooperation from the General Contractor or any sub -contractors, during the commissioning process. 8. The commissioning process requires adequate time allowance in the construction schedule for various commissioning activities. WCG shall not be held accountable for failure to complete the comiiiissioning work scope in a timely fashion due to lack of adequate time allocation in the construction schedule. 9. Invoices for services and expenses will be issued monthly for the portion of work completed. 10. This proposal shall remain valid for 90 days. 11. This proposal is based on the project description under scope of work and project documents dated April 30, 2009. Additional work scope that is reflected in building elements not in that project description is not included in this proposal. 12. The cost proposal for Enhanced Commissioning assumes award of the Fundamental Commissioning as economies of scale apply. The fundamental commissioning can be taken alone at the stated cost. Welsh Commissioning Group, Inc. UBI No.: 602 491 811 Federal Tax ID/EIN: 20-2651444 Cost Proposal Detail: Item Description Qty Units Rate Extension Scope A - EA PR -1 Fundamental Commissioning 1 Planning, OPR and BOD review with report 12 Hrs 105 1,260 2 Develop formal commissioning plan including all forms 24 Hrs 105 2,520 3 Coordination meetings/site observations 4 Mtgs 630 2,520 4 Verify contractor start-up activities. Provide report. 14 Hrs 105 1,470 5 Perform Installation Verification 16 Hrs 105 1,680 6 Perform and witness functional performance tests 50 Hrs 105 5,250 7 Review TAB report and verify TAB, provide report 12 Hrs 105 1,260 8 Re -test of failed systems and back -check issues 16 Hrs 105 r 1,680 9 Prepare and provide the Final Commissioning Report 8 Hrs 105 840 10 Travel time (billed at 50% normal rate) 60 Hrs 52.5 3,150 11 Estimated travel, car, hotel, meals (cost +10%) 12 Days 150 1,800 12 Estimated travel,'air fare (cost +10%) 10 Trips 100 1,000 Scope A Sub -Total 24,430 Scope B - EA CR -3 Enhanced Commissioning 1 Focused review of construction documents with report 12 Hrs 105 1,260 2 Focused review of submittals with report 8 Hrs 105 840 3 Develop systems concept manual 20 Hrs 105 2,100 4 Verify O&M manuals and Owner training 12 Hrs 105 1,260 5 Near -warranty -end (Post Occupancy) review 16 Hrs 105 1,680 6 Travel time (billed at 50% normal rate) 12 Hrs 52.5 630 7 Estimated travel, car, hotel, meals (cost +10%) 1 Days 150 150 8 Estimated travel, air fare (cost +10%) 2 Trips 100 200 Scope B Sub -Total 8,120 Total: $ 32,550.00 ARCHITECTS, r September 2, 2010 AMENDMENT NO. 4 i,. 1460 NORTH 16TH AVENUE, SUITE A YAKIMA, WASHINGTON 98902 (509) 452-0609 FAX. (509) 452-0578 Pae 1of1 AIA DOCUMENT B101 - 2007 Edition Standard Form of Agreement Between Owner and Architect FOR,THE CAPITOL THEATRE. EXPANSION - . Dated May 6, 2008 ARTICLE 4' ADDITIONAL SERVICES This amendment to the AlA Agreement is' for additional services for the Production Center and existing Theatre building as described below., ITEM Engineering Fee : B&O Tax 'Total Fee Additional structural engineering and-clectricaFengineering services required by.the project change orders. Copies of the engineering invoices are attached for confirmation. "Structural Engineering Electrical. Engineering -Subtotal LEER Certification TOTAL FEES.AIVIENDMENT NO.4 $ 20,495.87 $ 8,352:50 -$ 28,848.37 $ 307 44 $ 125.29 ..$ 432:73 - $,20,803.31 $ 8,477:79 $ 29,281 10 $ 5,872.12 535,153.22 APPROVED BY: CITY OF YAKIMA' - TRAHO ARCHITECTS, P:S. R. A Lais, jr" / City Manager City -Contract No. 2008-90 Resolution No rr''• 2—Pez? Ke neth G rrn rek / President MEMBER AMERICAN INSTITUTE -OF ARCHITECTS KENNETH. G. ORMBREK, A.I.A.