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HomeMy WebLinkAbout07/01/2008 14A Capitol Theatre Architectural Services Agreement with Traho Architecture - i l FILE CITY HALL Confidential — E.S. — PL item' BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. PI 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 3` 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: Staff recommends approval of the contract. BOARD RECOMMENDATION: COUNCIL ACTION: 1 RESOLUTION NO. R -2008- 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 t� 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: David Edler, Mayor City Clerk • AIA Document B101TM — 2007 . • • Standard Form of Agreement Between Owner and Architect • • • AGREEMENT made as of the Sixth•` day of ,May in the year Two,ThQ E . (In words, indicate day, month and year) • BETWEEN the Architect's client identified as the Owner: aDDiTZONS iam ,DELETIONS The author of this document (Name, address and other information) has added information Ineeded for its completion. lty Of Y3kltlla + The author may also have r � revised the text of the 129 NOrthSecorld Street 1 ori AIA standard form. Yakima ash 0±1,9:890: An `Additions and Deletions z �v Report that notes added • � • i t informatlon as !: as • { {7.4 ncras lteprc.:,eritiltirc; Dick Zais,JG1,1v:,Managetmc�r,.hi desi;nue . „ .a� >. ;revisions to the standard `form:.,tex.t,is available,.,fr.om and the Architect: the author and should be (Name, address and other information) • reviewed: " ° "u' • This document has important TrahQiArcaltectS legal consequences ' ' Con sultation:, , an 146O? North4t6th4venu , ASliite A attorney is encour with • Yaki la,`Washiligpi98902 7t4O2 ne� a ��� respect to is com pletion TelephoNumber 5 ©9 -452 O6 ©9 • or modification FaxNumber St}9-45 - 5 78 ° .•E. � �, ._ . ,.. . • for the following Project: • (Name, location and detailed description) e Capitol TheatreE�cj3ans�on Third Streetl Yakima, Washingtiln .N The'Capitol Illea5 e Ex anstOn S tc Utility ,,c14.ition Center P Y,1,49nfCommni C nti Th r d 404 - `.. :- . .,.. The Owner and Architect agree as follows. • • • • . .,,.. , „�..M ..� .,......nm.. .....:: E F qq ELECTRONIC COPYING of any portion of this AIA' Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Document B101' - 2007 (formerly 8151 - 1997). Copyright O 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 1 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 draft was produced by AIA software at 11:33:57 on 05/15/2008 under Order No.1000356498_1 which expires on 5/14/2009, and is not for resale. User Notes, • (2361917698) 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 II/ 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 D. E and F, Initial Information,: This Agreement is intended to apply to the specific Work described in I- Yhibit.A pertaining to Site Utility Relocation, the Production Center. Pavillion, Community Center and "]'bird Street Plaza as described in Exhibit A. (Complete Exhibit A, Initial Information, and incorporate it into the Agreement at Section 13.2,or statebelow. 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 _ail -Biij I 'E and 1F °eaaclz a ached hereto:and 1ncorpc rated heretn:b" th�s:;reference tt § 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 attacledExhibit C .2 Substantial Completion date: 3 ee attached Exhit rt 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 8101' - 2007 (formerly 8151' - 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 of it, may result in severe civil and criminal penalties, and will be prosecuted to 2 the maximum extent possible under the law. This draft was produced by AIA software at 11:33:57 on 05/15/2008 under Order No.1000356498_1 which expires on 5/14/2009, and is not for resale. User Notes: (2361917698) • ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide the professional services as set forth in this Agreement. 4110 § 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. (State name of representative here and under the Architect's name on the title page) " °' ' § 2,4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any • employment, interest or 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: • (Identify types and limits of insurance coverage, and other insurance requirements applicable to the Agreement, if. any a .1 General Liability t • _ See attached Exhibit D � .2 Automobile Liability • • See attacliedsExliibrt "D i t .3 Workers' Compensation • See. °aftac1 I Exhibit D g =nom .4 Professional Liability • 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 th Owner.. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner afidthe'0Wrien ` ` "' "°' 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" rs „ 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 theiOwner'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. 1 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 jurisdictionlover 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 8101 - 2007 (formerly 8151 - 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 3 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 draft was produced by AIA software at 11:33:57 on 05/15/2008 under Order No.1000356498_1 which expires on 5/14/2009, and is not for resale. User Notes. (2361917698) • • § 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 (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. 3 § 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 ofincorporating.. 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. § 3.2.5 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 "Own: may obtain other environmentally responsible design services under Article 4. § 3.2.5.2 The Architect shall consider the value of altemative 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. t K - § 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 8101 - 2007 (formerly 8151' - 1997). Copyright o 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 4 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 draft was produced by AIA software at 11:33:57 on 05/15/2008 under Order No.1000356498_1 which expires on 5/14/2009, and is not for resale. User Notes: (2361917698) 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 Owners 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. . a § 3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental authorities having jurisdiction over the Project. • § 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of (1) bidding and procurement information that describes the time, 'ogee 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: rte•, �,,:.���� § 3.4.4 The Architect shall update the estimate for the Cost of the Work. § 3 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 successfulrbid,< or proposal, if any; and, (4) awarding and preparing contracts for construction. • .,> fi / § 3.5.2 COMPETITIVE BIDDING § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. I § 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 prospecti`veb`id "der §; -- .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 binders;:- .u.,. ».., .. • AIA Document 8101' - 2007 (formerly 8151.' - 1997). Copyright e 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 5 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 draft was produced by AIA software at 11:33:57 on 05/15/2008 under Order No.1000356498_1 which expires on 5/14/2009, and is not for resale. User Notes, (2361917698) • • § 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 AIA Document A201TM -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 Agreemen The Architect shall not have control over, charge of; or responsibility for the construction means, methods; 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 andhquahty.of' the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require "nispection 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 m 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 tesppnse to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations AIA Document B101' - 2007 (formerly 8151' - 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 6 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 draft was produced by AIA software at 11:33:57 on 05/15/2008 under Order No.1000356498_1 which expires on 5/14/2009, and is not for resale. User Notes: (2361917698) 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 otrClaims 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 them° Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising Contractor's Application for Payment, that, to the best of the Architect's knowledge, information and beief,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. 1 § 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 wthe -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 tte'approvedsubmittal schedule or in the absence of an approved submittal schedule, with reasonable promptness while alIowing,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, ProductData°and.Samples, but only for the limited purpose of checking for conformance with information given and the3design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy o 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, I 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. L. 3.6.4.3 I f the Contract Documents specifically require the Contractor to provide rofessional "des`i "n services "o r ' °` § P Y t q P P g F 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, certificationsandapprovals x ii performed or provided by such design professionals. a • § 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„FF n for information. Requests for information shall include, at a minimum, a detailed written statement that indicates th specific Drawings or Specifications in need of clarification and the nature of the clarification-requested The- ..ra ». Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with AIA Document 8101' - 2007 (formerly B151' - 1997). Copyright ° 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. .WARNING, This AIA` Document is protected by J.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 tbe'maximum extent possible under the law. This draft was produced by AIA software at 11:33:57 on 05/15/2008 under Order No.1000356498_1 which expires on 5/14/2009, and is not for resale. ' Deer Notes, (2361917698) 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 Cont"r"actor 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 fmaHinspection indicating the Work complies with the requirements of the Contract Documents. I i § 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 (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making-of f final payment, (2) affidavits, receipts, releases and waivers of hens or bonds indemnifying the Owner against liens, and (3) °any 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 fable below as the Architect's responsibility, and only to the extent specifically described and approved in writing by the Okvner1 The most relevant Additional Services likely to occur under this Agreement are attached hereto in Exhibit F. and- -tThe • 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 ezhbil: If iri`kn"ezhibit; identify the exhibit.) • Additional Services Responsibility Location of Service Description (Architect, Owner (Section 4:2 below or in an exhibit, (See attached Exhibit F - to be determintedl or . attached to this document and Not Provided) identified below) § 4.1.1 Programming § 4.1.2 Multiple preliminary designs 4.1 .3 Measured drawings § 4.1.4 Existing facilities surveys ,• Y 3 * § 4.1.5 Site Evaluation and Planning (B203T" -2007) r a ott • • 4.1.6 Building information modeling- AIA Document B101' - 2007 (formerly B151' - 1997). Copyright o 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNINGS Thie AlA 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 8 the maximum extent possible under the law. This draft was produced by AIA software at 11:33:57 on 05/15/2008 under Order No.1000356498_1 which expires on 5/14/2009, and is not for resale. Uear Notesa (2361917698) § 4.1.7 Civil engineering ' 2641141111.tall § 4.1.8 Landscape design L § 4.1.9 • Architectural Interior Design (B252T2007) ;, , ..` l �� t ti e , ` • § 4:1.10 Value Analysis (B204T"-2007) a �� SR A F �' �� • § 4.1.11 Detailed cost estimating _ , rS ''A § 4.1.12 On -site project representation �;' I ` ' I § 4.1.13 Conformed construction documents iiiiiiirailliHrEg I t ^�i t 4.1.14 As-designed record drawings § 4.1.15 As- constructed record drawings • 1. , n • § 4.1.16 Post occupancy evaluation M a ,1, , ; 31x , „ 51 § 4.1.17 Facility Support Services (B210 lilighigilliggi ggismit::: § 4.1.18 Tenant - related services likati l-.z „, , + ,, § 4.1.19 . Coordination of Owner's consultants . iiiieliiiiiiMiliAl „di,, „. a ..;,,,; § 4.1.20 . Telecommunications /data design v �1 F�. ,-, �� ,.; „ 4.1.21 Security Evaluation•and Planning B206TM- �. 1 ��` ,�,��„ ' .._ _ ._ . . 2007) f § 4.1.22 Commissioning (B211T” -2007) NI ,, . § 4.1.23 Extensive environmentally responsible design ,1 d m Fi, „s ' f Y ,, „ „ , § 4.1.24 LEED Certification (B214Tm-2007) ", i,,,.. „ ,..- Iv `' 1 , ..,�.'' : ` 411. § 4.1.25 Fast -track design services 1 F = a , r § 4.1.26 Historic Preservation (B205" —2007) 11' � '` 4.1.27 Furniture, Finishin s and Equipment Desi r > s • (B253TM_2007) . .r.,......, ,. .. a MISMAiiia:ggliggiLIANUESICIMIONIOICI 201111221112T RNEENEMEISSIMINSAVNI .. § 4 2 Insert a description of each Additional Service designated in Section 4.1 as the Arc hitec t 's re sponsibility, ifrio • further described in an exhibit attached to this document. ..,x.,,, See ..E>;tii1 it viiditicle4:1�{, O�ge`deterininedr ' ' , �.... �,q q,,. ,. ..w .... � ..n . `� « § 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 adj stment in the Architect's schedule. § 4.3.1 Upon recognizing the need to perform the following Additional Services, the Architect shall`n'otif} the Owner .� , i 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 \ \, 7 , -"' .1 Services necessitated by a change in the Initial Information, previous instructions or approals'givere 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` ,.,,.. ,., ... ,..,,, - altematives, such as unique system designs, in -depth material research, energy modeling, or LEED certification;:.., ..... ..., .....J I .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; .6 Preparation of_design and documentation for alternate bid or proposal requests proposed by the • I Owner; 1 F • • .7 Preparation for, and attendance at, a public presentation, meeting or hearing; , , 1 . .8 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where 0 the Architect is party thereto; :..,..,.., _,N . Evaluation of the qualifications of bidders or persons providing proposals; AIA Document 8101 - 2007 (formerly 8151" - 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 Treatios. Unauthcrized reproduction 9 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 draft was produced by AIA software at 11:33:57 on 05/15/2008 under Order No.1000356498_1 which expires on 5/14/2009, and is not for resale. User Notes: (2361917698) .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 e ienstve t,M# 11 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 ( ) reviews of each Shop Drawing, Product Data item, sample and similar submittalof the Contractor .2 l: weelciy (,,,bi- week=ly ) visits to the site by the Architect over the duration of the Project during construction .3 woo ( 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 ttyua ( ) 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 thtrt!�_� Wi=n � = ( 302`1 _ : ) ' " "` • 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 (15) 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 hen rights. § 5.2 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; and (3) reasonable _, contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budgetfor the Cost of,the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner inorder to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. The Owner's representative shall be Dick Zais, City Mariner, or his desi «nee,. • AIA Document 8101' - 2007 (formerly 8151' - 1997). Copyright a 1974, a978, 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 1 O 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 draft was produced by AIA software at 11,33:57 on 05/15/2008 under Order No.1000356498_1 which expires on 5/14/2009, and is not for resale. User Notes: (2361917698) • § 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 theicontracts between the t:� . 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 shalt 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:..: <w. 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 hi 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 Ownershall 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. p . ° § 5.12 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall r my. obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. • ARTICLE 6 COST OF THE WORK $ I § 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 'oftlie land ° "" • rights -of -way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner. • § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and maybe 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 i the Architect nor the Owner has control over the cost of labor, materials or equipment; the Contractors 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 Architect ALA Document B101' - 2007 (formerly B151' - 1997). Copyright 0 1974, 1978, 1987, 1997 and 2007'.by The American Institute of Architects. • • All rights reserved. WARNING, This Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction 11 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 draft was produced by AIA software at 11:33:57 on 05/15/2008 under Order No.1000356498_1 which expires on 5/14/2009, and is not for resale. User Notes: (2361917698) § 63 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 percent (10°x), 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 - 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 Pr 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; t .2 authorize rebidding or renegotiating of the Project within a reasonable time; t.. ».«, .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 altemative. § 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 I The ; Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility, under this „. Section 6.7Articic €i. • ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other infor=mation, 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 transmifInstruments 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 com nor jaw „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 "a "s'publication" in derogation of the reserved rights of the Architect and the Architect's consultants. § 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 Owner. This material includes, but is not limited to books, computer programs, plans, specifications? documents. films, pamphlets, reports, sound reproductions. studies, surveys, tapes, ancl%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: the °tlrc -hxeet-g is -to -r the Owner -a nanex— ekisivc license to use the Are'emteez=s4zsti -cents of= Serviec- solely- and -ex- c- lusiv-ely -forpurposes AIA Document B101' - 2007 (formerly B151" - 1997). Copyright c 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 of it, may result in severe civil and criminal penalties, and will be prosecuted to 12 the maximum extent possible under the law. This draft was produced by AIA software at 11:33:57 on 05/15/2008 under Order No.1000356498_1 which expires on 5/14/2009, and is not for resale. User Notes: (2361917698) performs its obligations, including prompt payment of all sums when-due, under this Agreement. '1'hii Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agrc•- ement. 'The license granted under this section permits the Owner. to authorize the Contractor, Subcontractors_ Sub subcontractors, and material or equipment suppliers, as well as the Owner's consultants and sep' Project—l-t=the Architect rightfully • • • • , • D • - • • • - as- pr- o-uided in—Section 9.1, the license granted in this Section 7.3 ' tei- minate: ( § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the author pf the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims andf,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 foni'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 interestslicenses granted m this Article 7, no other license or nghtshall 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 in accordance with the requirements of the method of binding dispute resolution selected in this Agreement_ Causes of action between the parties to t is • 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 tot ats or. failures t act ® occun to Substantial Completion or the date of issuance of the final Certificate for Pa ment for act or failures to act occurring after Substantial Completion : , - t " and:.in any; • case not more than ten (10) years after the date of Substantial Completion of the Work. The Owner 'aftd•Architect ,,, waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages; - except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201- 2007, General „," Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require oft he contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 8.1.3 • e • ^ • • • g• _ •• , • • • • ,- dispute —or other matters in question arising- out-ef-er rclat -r -to- this -Ag ent- q=his- riiutna4 -w over , damages - due -te- either - par -ts -s- ter - thin- atlon -of -this t as- speciffea14y provided-its Seetierr9 § 8.2 MEDIATION § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall-be subj'ect•to mediation as a condition precedent to binding dispute resolution. if such matter relates to or is the subject pt,,„ arising out of the Architect's services, the Architect may proceed in accordance with applicable law'fo comply w tth - the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters iuquestion between them by mediation which unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction lndusn Mediation Procedw cs!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 cone( mently with•the filing o f<,<, ". a complaint or other appropriate demand for binding dispute resolution bbut, in such event, mediation shall proceed AIA Document11101' - 2007 (formerly B151' - 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 13 or distribution of this AIR ,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 draft was produced by AIA software at 11:33:57 on 05/15/2008 under Order No.1000356498_1 which expires on 5/14/2009, and is not for resale. User Notes: (2361917698) • in advance of -' _ - , . ': -other proceedings, which shall be stayed pending mediation for a period of ninety (90)6 calendar days from the date of filing, unless stayed for a longer period by agreement of the parties or § 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 te the of binding dispute resolution shall be the following: (Check the appropriate box. If the Owner and Architect do not select a method of binding Jispzrte resohtion below•; or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will he resolved in a c'nurt of competent jurisdiction.) [ ,] Arbitration pursuant to Section 8.3 of this Agreement [X —] Litigation in a court of competent jurisdiction i [PI Other (Specib) t max.E - . • - • . - ted arbitration as the method for binding dispute resolution in this Agreement, any the American Arbitration Association in accordanco with its Construction Industry Arbitration Rules in effect on the-''' Agreement, and filed with the person or entity administering the arbitration. • matter in question. - _ _ _ - - ... • . and other agreements to arbitrate with an additional person or entity any -court having jurisdiction thereof. § - 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered Upon it in accordance with applicable law in any court having jurisdiction thereof. • - - . - - • - on; ents in writing to such joinder. Consent to arbitration involving an not described in the written consent. AIA Document B101' - 2007 (formerly B151" - 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 of it, may result in severe civil and criminal penalties, and will be prosecuted to 14 the maximum extent possible under the law. This draft was produced by AIA software at 11,33,57 on 05/15/2008 under Order No.1000356498_1 which expires on 5/14/2009, and is not for resale. User Notes, - (2361917698) § 8.3.4.3 The Owner and Architect grant to any person or -cntity made a party to an afbi ration conducted under this Section 8.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Architect un der this et. • ARTICLE 9 TERMINATION Agreem OR n S USPENSION § 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; for suspension of performance of services, under this Agreement. If the Architect elects to suspend services, the Architect shall give seventhirty (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 forthe 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, theArchitect 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 cumula-tivecalendar days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seileti- thirty (30) calendar days' written notice. § 9.4 Either party may terminate this Agreement upon not less than sevei thirty (30) calendar days', writtennotice-- . 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 seventhirty (30) calendar days' written notice the Architect for the Owner's convenience and without cause. ..A § 9:6 In the event of termination not the fault of the Architect, the Architect shall be compensated forservices performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 9.7. 1 § 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, plus an amount for the Val of the services not performed by the Arch-itect § 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 11.9. 1 ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, except that if the parties have selected- arbitrcitien -as the- metliod--ref bi• :' • :lotion, the Federal Arbitrattpn,A€4 4ha11I _go,yern . ... Section - -8:3. Anv action at law, suit in equity. or judicial proceeding arisina out of this Contract shall be instituted and maintained only in any of the courts of competent jurisdiction in the COUNTY OF YAKINIA;" W'ashii ton: -- "" "' § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201- 2002,. General Conditions of the Contract for Construction._„ § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns,and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. I § 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 AIA Document 8101' - 2007 (formerly 13251' - 1997). Copyright a 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 1 5 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 draft was produced by AIA software at 11:33:57 on 05/15/2008 under Order No.1000356498 which expires on 5/14/2009, and is not for resale. User Notes: (2361917698) • 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) workins� 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 ()Wrier 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 confidentialiand 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 etiforcealjle requests for disclosure of public documents held by a municipality. or (4 .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 amount of or basis for, compensation.) F • or BasrcEServtees 8.5% of Construettori § 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.) -. Cost of work, lus mark -u lob § 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.) Cost of • plu nar up of 1 5 °fo for • excise (B &fl fixes z:.,� § 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 ftivaieed- to -thc Architect plus ` - eras- otherwise- stated below: Cost.of" "con ultan't invoice'bil d :to Architect -plats 1..5% ' ark -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 - E - Thirteen; percent ( X13; %) Design Development Phase l wenty; percent ( %) Construction Documents A , z.. '4 1irty -Six percent ( /o) Phase Bidding or Negotiation Phase ' " "7 Twifi percent ( %) AIA Document B101' - 2007 (formerly 8152 - 1997). Copyright a 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 of it, may result in severe civil and criminal penalties, and will be prosecuted to 3_0 the maximum extent possible under the law. This draft was produced by AIA software at 11:33:57 on 05/15/2008 under Order No- 1000356498_1 which expires on 5/14/2009, and is not for resale. User Notes, (2361917698) • • • • Construction Phase FP' Twettty`Sevn. percent (y X27; °/D) Peet Clcsseou 'F asew,,.,,., s ,:; .. Two Percents ercent Total Basic Compensation one hundred percent ( .100 °/D) ® § 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"ll.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 - , -.ryl below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. 1 (If applicable, attach an exhibit of hourly billing rates or insert them below.) S eeattached YhlbrtE iT^ �4 4' P Employee or Category Rate aiz • § 11.8 COMPENSATION FOR REIMBURSABLE EXPENSES § 11.8.1 Reimbursable Expenses are m addition to compensation for Basic and Additional Services and`include expenses incurred by the Architect and the Architect's consultants directly related to the Prbject,.•as =follows:: =----fi - - a , • .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; y ° • .3. Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, standard form documents; 1 • .5 Postage, handling and delivery; 1 .6 Expense of overtime work requiring higher than regular rates, if authorized m 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 ailMAIndie0 tee p e t c e n . ( :',110 0 ) of tlhe " expenses incurred the expenses incurred by the Architect and the Architect's consultants percent, ( l 1 "U ) of the expenses incurred. • # a, § 11.9 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE If the Owner terminates the Architect for its convenience under Section 9.5, or the Architect termiriates°thi 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` - T• -,, follows: Not,App,lieable § 11.10 PAYMENTS TO THE ARCHITECT §'11.10.1 An initial payment of ze ($ 1 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 ( L46iP,10 ) AIA Document B101' - 2007 (formerly B151' - 1997). Copyright G 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 of it, may result in severe civil and criminal penalties, and will be prosecuted to 17 the maximum extent possible under the law. This draft was produced by AIA software'at 11:33:57 on 05/15/2008 under Order No.1000356498_1 which expires on 5/14/2009, and is not for resale. User Notes: . • (2361917698) • 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.) 0 • C 1teJegal rate ireuatlirig fr011141 ' 6 7 10 l r,ne able'princlpal place c� t ofthe ,pet , „ § 1110.3 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 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: I lot itlT� pllcab r iur�a N, - t -J to ' } Y T: - , .._ ' ''''' - A - ,....7 z d aM ' , _k„...:.Y.. .40 - - .',,;,,.,,,41 . .,c z . . - _ . ,.,. a, ..,..e ARTICLE 13 SCOPE OF THE AGREEMENT K § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Arch and supersedes all prior negotiations, representations or agreements, either written or oral. ThisAgreement 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 101TT —2007, Standard Form Agreement Between Owner and Architect .2 AIA Document E201T" '-2007, Digital Data Protocol Exhibit, if completed, or the following: .3 Other documents: .: ( Ill List other documents, if any, including Exhibit A, Initial Information, and additional s „of service, if any, forming part of the Agreement.) Atae had Exhb Pre nntna asks to be Completed4ages • AitacAeatidi i S ite B6 atilldtngigonsttuetton Cost 4npag '.*;iiahed;tizbt C Prciec SclledulaI3page .ttaehedExlubrt`E1' �Get�.ficatee'oftsurance 2pages ' I ttach 1 xhibit A da i' t'''''' =§ lie deti fined for1Atticle 4 .1.:p This Agreement entered into as of the day and year first written above. OWNER ARCHITECT (Signature) (Signature) Ricliaril A..Z is .lr... /- Crty'Manager ,:. ; . _.. .;... -0a Kenn G r AIA Presiden s (Printed name and title) (Printed name and title) • AIA Document B101' - 2007 (formerly 8151' - 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 of it, may result in severe civil and criminal penalties, and will be prosecuted to 1 8 the maximum extent possible under the law. This draft was produced by AIA software at 11:33:57 on 05/15/2008 under Order No.1000356498_1 which expires on 5/14/2009, and is not for resale. User Notes:. . • (2361917698) EXHIBIT A • December20, 2007 " CAPITOL EXPANSION ARCHITECT / 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 EXHIBI-T A PRODUCTION CENTER • A., Preliminary & Schematic Design • Geotechnical investigation and report and the topographic survey have been completed. (Note: When the :ald YMCA building was demolished, the original basement concrete floor slab was left • in place and old concrete and brick rabble was Lite& 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 well 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 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 ibUlldinge. Evaluate power company rebates and energy incentives on lighting fixtures and energy:saving materials and systems. G. 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 forinteriorwall, 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 Architecttoadvertise and solicit bidsforutility 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 / 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, productdata, etc. to ensure compliance with the specifications: and local authorities having. jurisdiction.. tai- 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 t� match field conditions and Owner 0 &. M.manuals: EXHIBITA -PAGE • • 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: Geotechinical 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. Deterrriination (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. Proiect°schedulinq 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 emergency generator 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' recorhmendations 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 rnonthly.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, Restroorns, 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 respond to any bidder questions, analysis of substitutions and provide clarifications as needed. A l E to evaluate bids, recommend contract award, and assist with agreennents. 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. 61-monthly site visits and job observation reports, review unknown site conditions and recotrmniend :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 ARCH ITECTS, P.S. 1460 NORTH 161HrtvENLrE.5131TRA YAIOMA.-WASHINGTON 98902 (5O9ii5'. -0604 ' FAX:0(509)452.0578 , CAPITOL THEATRE - PAVILION EXHIBIT B Main Floor Deli/Cabaret&Second Floor Offices SITE BUILDING CONSTRUCTION COST • (NOTE: Square loot Costs tncUide General ContarciarOverbead and Profit) TOTAL CONSTRUCTION COST Description Amount Building Shell Construction 51,950,000:00 13,000 SF Q 5150.00 /SF•= 51,950,000 • • Main Floor - 6,500 SF 15200 /SF = 11,300.000 • • Second FloorOffices.- 6;500'SF / $150/SF = 5975,000 Fire r Sprinklers - 13,000 SF '@ $5.91 /SF(approx) 576;830.00 • Plumbing - 13,000 SF @ $6.68/:SF (approx) 586,840 :00 Mechanical - 13,000 SF Q 526.03 /SF ( approx) 5338,390.00 Electrical - 13,000 SF © $23.67/SF ( approx) 5307,710.00 • • • Sub Total 52,759,770.00 • Additional Building Construction Costs 5150,040.00 • -Connection to existing building - No added weight on existing wall (cantilever new roof /special reinforcing) • Additoinal.cost for over excavation and back fill. . - Restrcted.construction site (offsite storage. required) • • Sub Total $2,909;770:00 • Inflation ©'8% $232,781.00 (two years to raid- point.of constriiciion) TOTAL CONSTRUCTION COST $3,542,551.00 13;000 sf (a :$241 :74 per Square Foot • FOR TOTAL PROJECT'COST :add the following: • 31.5% "soft costs" 5989,903.00. • • 10% (C.T.A.) Contingency • ° 12% ANE Fees and Const. Mgmt. • 8.2% City Taxes 1.0% Building Permit 0.3 %:Performance & Payment Bond Fumishings 5200;000.00 TOTAL PROJECT COST $4;332 ;454:00 • 'Includes Exhibit F Additional Services Costs • EXHIBIT B - PAGE 1 • • 1460 NORTH 16TH AVENUE. SUITE A • ARCHITECTS, P.S. 1AKIMA, WASHINGTON 98902 (509) 452+0609 FAX: (509) 452.0578 CAPITOL THEATRE - PRODUCTION FACILITY EXHIBIT B Main Floor & Mezzanine SITE &: BUILDING CONSTRUCTIONCOST (NOTE: Square: foot Costs Include General ContarctorOvemead end Prof) TOTAL CONSTRUCTION , COST Description Amount. Building Shell Construction (30 foot height) $1,521,701.00 15,900 SF @ $95.70/SF Main Floor - '9.690•SF / S119/SF = '51,152.101 Mezzanine - 6,160 SF /S60/SF = $369,600 Fire Sprinklers - 15,900 SFQ $5.91/SF (approx) $94,075.00 Plumbing - 15,900 SF Q $6.68 /.SF (approx) $106,200.00 Mechanical - 15,900 SF ©. 526.03 /SF (approx) $413,932.00 Electrical - 15,900 SF'© 623.67/SF (approx) 5376,302.00 Furnishings 535,400,00 • Sub Total 52,547,610.00 Additional Building Construction Costs 5250,000.00 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,coiumns and footings to old basement depth) - Restricted construction site (off -site storage required) Site Improvements Beyond Building (Includes in site costs) Sub Total 52,797,610.00 Inflation @ 8'/0 $223,808.00 (two:Years td mid -point of construction) TOTAL CONSTRUCTION COST 53,021,418.00 15900 sf ( 5200.00 per Square Foot FOR TOTAL PROJECT COST add the following: 31:5% "soft :i asts" 5951,746:00 10% (C.Y.A.) . Contingency - 12% A/E Fees and COnst' Mgrnt. 8.2% City. Taxes 1.0 %:Building Permit 0.3% Performance & Payment Bond TOTAL:PROJECT. COST 53,973,164.00. • Includes Exhibit F Additonat Services Costs EXHIBIT B - PAGE-2 • 1 • Probable Cost of Constrjction EXHIBIT B Project: Capitol Theatre 8.29.07 Preliminary Landscape Development Quantity Unit unit: Cost. Total Site Preparation Demolition 55,164 SF 4.00 220,656.00 Topsoil 195 CY 75.00 14,625.00 Subtotal Site Preparation $235,281 :00 Site Drainage • Strip Drains 50 LF 200.00 10,000.00 Area Drains 4 ea 1,200.00 4,800.00 Piping. 500 LF 45.00 22,500.00 Subtotal Site Drainage $37,300.00 Site Paving Brick 22,260 SF 26.00 578,760.00 Concrete 32,668 SF 15.00 490,020.00 Subtotal Site Paving $1,068,780.00 Walls and Stairs Stairs 100 LF 150.00 15,000:00 Stage 170 FF 95.00 16,150.00 • Seatwalls 267 FF 65.00 17,355.00 Subtotal Walls and Stairs $48,505.00 Site Elements Glass marquee 1 ea 220 22Q000.00 Water feature 1 ea 425,000.00 425,000.00 Benches 6 EA 1,500.00 9,000.00 Bollards (North) 11 EA 500.00 5,500.00 Bollards (South) 34 EA 500 :00 17,000.00 Tree containers (W -E axis) 9 EA 1,200 :00 10 Bathrooms and Storage 487 SF 350.00 170;450.00 Subtotal Site Elements $857;750.00 Trellis & Canopy Trellis (Federal` building) .1110 SF 200:00 222,000.00 Trellis (Wilson building) 1460 SF 200.00 292,000.00 Trellis (Stage): 612 SF 200 :00 122,400.00 Art/Light :Poles. 6 EA 5000.00 :30,000.00 Canopy Poles & Footings . 3 EA 5000.00 15,000.00 Canopy 3567 SF 18.00 64,206.00 Subtotal Trellis $745,606,00 irrigation Irrigation 2,641 SF 3.50 9,243 Subtotal irrigation $9,243.50 • EXHIBIT B - PAGE 3 Probable Cost of Construction. EXHIBIT B Project: Capitol Theatre 8.29.07 Lighting Lightstrands 475 LF 35.00 16,625.00 Lightposts 12 EA 3500.00 42,000.00 Subtotal Lighting $58,62500 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 Materlals $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 EX'HIBIT B - PAGE 4 • • • CAPITOL THEATRE.PROJECT SCHEDULE Traho Project No. 05 -24 EXHIBIT C Updated March 17, 2008` . 2007 2008 2009 2010. J AS O N D J F M • A M J J. A S O N D J F M A M J J A S O N D J F• M A M J J .A SITE UTILITIES RELOCATION 1 1 CTl.GSANegotiations — _I..—__ I ____> I 1 i I 1 1 { 1 Alley Vacation _ . ®� I _ — .I= . 1 - --�- t — _ . 1 I__ t - I 1 Construction Documents 1 t ®- I __ I 1 - MU Bidding mai ---1 1 IN _ _.. I _ 1 ` _ Construction Ph • 1 I_ 1 • 1 1 , 1 ( ' 1 I— —1 I PRODUCTION CENTER 1 f ' I ! A/E' Selection 1____I I 1 - i 1 - 1 _...1 ' I I ! —� Schematic Design I ;` 1 L _ I. � I -1 I Ell 111111 Construction Documents I I -i -- _1 -. NM tl _ • - Bidding .1 I 1 _ _ ....._�_` M _ Ii N I 1 1 • Construction order mfls _ — Construction Phase ff 1 ( 1 , '�° ` ' _.._.l . r_. sm. 1 1 I 1 1 � 1 1 1 1 1 1 • 1 .' I I 1 1 " PAVILION 11 • I NE Selection l I 11 1 i ,';':1 L1_1, I I ( I t � 1. I I 1 ; 1 Schematic Design Historical / SEPA jj t : -., j .:::;:„.:2, '; __I t 1 I I I _ Cans I .__ ,[ — I 1. 1 I I Construction Documents , 1 — � 1 I '1 _ , "fir .. I1 _. t ! -I —1 1 I 1] _ L i 1 I Bidding 1 �Tr � I I I I I =1 f: I 1. � 1 1 1 1 1 • Construction Phase —7 1 —_ - { t '.7-....., .I,. ,. I -1 .- 1w:.� 1 1 I 1 1 I EXHIBIT D Client#: 328765 TRAHOARC ACORD. CERTIFICATE OF LIABILITY INSURANCE 4128108 D"YYY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Kibble & Prentice, a USI Company - ONLY AND, CONFERS NO RIGHTS UPON THE CERTIFICATE 601 Union Street, Suite 1000 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Seattle, WA 98101 • 206 441 -6300 INSURERS. AFFORDING COVERAGE NAIC # INSURED INSURER k. Maryland :Casualty 'Company 19356 Traho Architects, P.S. INSURERS: St Paul Fire and Marine Insurance .Co 24767 1460 North 16th Avenue, Suite A INSURER C: Yakima; WA 98902 INSURER D: • INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT,,TERM OR' CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE'ISSUEO: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 ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR NSRC TYPE OF INSURANCE POUCY NUMBER DATE (MMIDDIYY) DATE (MMIDDfYY) UMITS A GENERAL LIABILITY PAS00260986 09/15/07 09115/08 EACH OCCURRENCE 51,000,000. X COMMERCIAL GENERAL LIABIUTY 'PRFAMSFS(F r rDncol 51,000,000 CLAIMS MADE C OCCUR - MED EXP (Any, one person) . 510,000 ' PERSONAL ,BADVINJURY 51,000,000 GENERAL AGGREGATE - $2,000,000 GEML AGGREGATE LIMIT APPLIES'. PER PRODUCTS - COMP /OP AGG 52, 000,000 7 POLICY I i( JEOT 17 Lac A AUTOMOBILE LIABILITY PAS00260986 09/15/07 09/15/08 COMBINED SINGLE LIMIT 000 'X ANY AUTO (En accident) $1,000,000 ALL OWNED AUTOS —' BODILYINJURY SCHEDULED AUTOS (Pr r pefSon) S X .HIRED AUTOS BODILY INJURY S X. NON•OWNED AUTOS (Per accident) PROPERTY DAMAGE S III (Por accident) GARAGE UABILITY. AUTO ONLY - EA ACCIDENT S ANY AUTO - OTHER THAN EA ACC $ AUTO ONLY: AGG 5 EXCESS/UMBRELLA UABILITY EACH OCCURRENCE S OCCUR n CLAIMS MADE AGGREGATE S S _ DEDUCTIBLE S RETENTION 5 $ WC ATU• ii A WORKERS COMPENSATION AND PAS00260986 09/15/07 09115108 � I 7tlRY'I ST tMlT: X I *= EMPLOYERS' LIABILITY (WA Stop Gap) E.L..EACH ACCIDENT 51,000,000 ANY PROPRIETOFUPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUOED7 El. OLSEASE • EA EMPLOYEE Si ,000,000 If yes: daccrlbo.undor - SPECIAL, PROVISIONS below EL DISEASE. POLICY LIMIT 51,000,000 B OT Professional QP03801965 09/21/07 09/21/08 $1,000,000 per claim Liability $2,000,000 anni aggr. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES / 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 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Yakima DATE THEREOF, THE ISSUING NSURER WILL ENDEAVOR TO MAIL d DAYS WRITTEN 129 North Second Street • - NOTICE TO THE CERTIFICATE HOLDER NAMED THE LEFT, BUT FAILURE TO DO 50 SHALL Yakima, WA 98901 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 1968 • EXHIBIT 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 (2001708) 2 of 2 #S2448296/M1733364 EXHBIT E • - t ARCHITECTS, P.S. 1460 NORTH 16TH AVENUE, SUITE A YAIQMA, WASHINGTON 98902 (509) 452-0609 FAX: (509)452 -0578 ARCHITECTURAL SERVICES Hourly Rates / Extra Services Rates Effective January 1, 2008 Principal Architect: $95.00 Associate Architect: $85.00 Construction Observation Specialist: $75.00 • CAD/Drafting: $70.00 Architectural Administration: $40.00 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 %). • EXHIBIT F ARTICLE 4 ADDITIONAL SERVICES / TO BE DETERMINED ITEM Responsibility Locution of Service Description 4.1.1 Programming - Task Force Meeting Architect 4.1.7 Civil Engineering (storm drainage) Architect 4.1.8. . Landscape Design 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 Renderings/ Presentation /'Models Architect GCCM Legal Architect 111