HomeMy WebLinkAboutCommittee of the Whole - 14 Jan 2019 - Agenda - Pdf-�Renton
AGENDA
Committee of the Whole Meeting
5:00 PM - Monday, January 14, 2019
Conferencing Center, 7th Floor, City Hall — 1055 S. Grady Way
1. Council Policy 800-12
a) Red -lined Draft
2. Rental Registration Program
3. Family First Community Center Architectural Contract
a) Issue Paper
b) Agreement
4. Allocation of Lodging Tax Funding
a) AB - 2295 Community & Economic Development Department requests approval of the
2019 Lodging Tax Fund allocations as recommended by the Lodging Tax Advisory
Committee.
5. Emerging Issues
AGENDA ITEM #1. a)
D CCity of
�� POLICY & PROCEDURE
Subject: Index: LEGISLATIVE
CONTRACTING AUTHORITY Number: 800-12
Effective Date: I Supersedes: I Page: Staff Contact: I Approved By:
12/10/2018 11/16/20/151 of 5-2 CAO Resolution # on
16/201
Ed Prince, Council
7 2007 art
1.0 PURPOSE:
To maintain an efficient form of government, it is necessary for thee5tabli5h Council to
delegate contract approval and bidding pew—to—dele n contraction
g�tr�—rart�ir
authority to the Mayor dFnini5tFati^^, for specific types of contracts without prior City
Council review or subseauent ratification.
2.0 ORGANIZATIONS AFFECTED:
Mayor and all departments/divisions
3.0 REFERENCES:
Applicable Administrative Policies (currently Policy & Procedure 250-02)
RCW 35A.11.010 and 020 (Council Authority and Powers of Council)
RCW 35A.12.065 (Pro Tempore Appointments)
RCW 35A.12.100 (Authority and Powers of Mayor)
Chapter 39.04 RCW (Public Works Procurement)
RCW 39.04.155 (Small Works Roster Contract Procedures)
RCW 39,04.280 (Competitive Bidding Requirements — Exemptions)
Chapter 39.34 RCW (Interlocal Cooperation Act)
4.0 POLICY:
4.1 All statutory bidding and contracting requirements, as set forth in State law shall
be followed.
4-.24.1.1 The Mayor is authorized to establish and/or use a small works
roster or rosters and develop procedures for the administration thereof
for all contracts up to the maximum amounts established by RCW
39.04.155, as it exists or may be amended or recodified in the future.A44
AGENDA ITEM #1. a)
CONTRACTING AUTHORITY^^t'^^4ft ^ *4^r4
p. 2
City CORtFacts shall set the teFM of the CORtFaet, including both a staFtiRg
and ending date.
4:34.2 To assist in contract management and retention, aAll Originalfully executed �;+••
contracts should include a date by which full performance of the contract shall
be complete., excluding equipment sewice-maintenance eentFacts underA90
4:44.3 All G+ty contracts should, before presentation to Council, be approved as to form
by the City Attorney Departments^guiNng Ceunci' aEtien shall be Fenewed feF
ne FneFe than ene term without PFiOF Council appFeval.
4.4 All contracts shall be memorialized in writing and filed in the City Clerk Division.
4.5 The City Council shall receive an informational updated list of all contracts every
quarter. This list shall include, but not be limited to, date of expiration, amount
of contract, department responsible for the contract, expected completion date
of contract, and summarized scope of work. Contract Amendments exceeding
the greater of S100.000 or 10% of the original contract amount shall be
highlighted within the list.
4.6 Except as otherwise specified herein. the Mavor or his or her desienee has
authority to approve and sign the following types of contracts without need for
separate Council approval or ratification:Th^ City Council shall approve all o„hl;,
4-.74.6.1 All contracts for which the Original Contract Value Is less than The
City rr.0 ncil shall approve all n public • orks contracts $100,000.-arid
over.
4-.94.6.2 All contracts settling claims, litigation or threatened litigation for
which the Original Contract Value, less any contribution from a City
insurance policy, does not exceed the lesser of $250,000 or the available
balance in the fund(s) from which the payment will be made. en a
contract requiring City Council approval shall not commence unto! such
approval has been granted a +herized On this policy.
4.6.3 All contracts awarded pursuant to small works procedures adopted and
administered by the Mayor pursuant to Section 4.1.1 herein.in the event
an emergency situation arises .,hieh necessitates --a-dew+0on from th-*
policy,th e-Mayo-shallTequest Ee u re l d eel a rate n of an eMeFge n cy
status at the ne)Et available Council meeting, and a legal netice deseFibing
the emergeRey and actions taken shall be published within seven days of
Ceune•l a aI
AGENDA ITEM #1. a)
CONTRACTING AUTHORITY
p. 3
4.6.4 All contracts, with an Original Contract Value between $100,000 and
$300,000 that contain specific intelligence information, the
nondisclosure of which is essential to effective law enforcement, so long
as sufficient funding is budgeted for the expenditure, and the Chair of
the Public Safety Committee is notified of the contract prior to its
execution so that he or she can, if he or she deems appropriate, request
such contract be brought to the full Council for aoproval.
4.6.5 Contract Amendments for which the Amendment Value does not exceed
100 000.
4.6.6 Contracts and/or Contract Amendments specifically authorized by other
Council action.
4.6.7 Work Orders issued pursuant to RCW 39.10.450 so long as the
overarching Job Order Contract was previously approved by Council.
4.6.8 Annual technology hardware, software, or services renewal agreements
including annual license renewals, subscription services, support and
maintenance extensions, and general services renewals which do not
exceed $250,000.
4.7 Notwithstanding anything to the contrary in Section 4.6 of this policy, the
following types of contracts require advance Council approval prior to the
Mayor or designee's signature:
4.7.1 Anv contract for the sale or ourchase of real estate.
4.7.2 Anv contract to lease or otherwise encumber (e.a. via license or access
agreement) City -owned real estate for a period of more than one (1) year
unless the contract provides the City with an option to terminate the
lease early without cause or damages by providing no more than six (6)
months' notice of termination.
4.7.3 Public Works contracts that require award by the City Council pursuant
to Chapter 39.04 RCW.
4.7.4 Anv contract that transfers risk to the Citv of third oarty claims arisin
out of a contractor's misconduct or negligence if the risk transferred
thereby would not be covered by the City's insurance policies. Any such
provision in a contract that is not approved by the Council shall be void
and unenforceable.
AGENDA ITEM #1. a)
CONTRACTING AUTHORITY RtFae4ft ^ t4orky
p. 4
4.7.5 Any interlocal agreement entered into under the express authority of
Chapter 39.34 RCW.
4.7.6 Any contract that, pursuant to applicable law, requires authorization
from the City Council.
4.7.7 Any Contract or Contract Amendment for which the Mayor is not
authorized to aoarove by Section 4.6 of this policy.
4.8 Work on a contract reauirine Citv Council approval should not commence until
such approval has been granted as authorized in this policy. However, work
outside of the contract's original scope due to changed conditions on a public
works proiect may proceed prior to formal approval of a Contract Amendment if
the Mayor or designee determines such additional work is necessary to be
performed without delay in order to avoid increased costs or other
inaffirianriac
4.9 In the event an emereencv situation arises which necessitates a deviation from
this policy or applicable bidding or procurement laws, the Mayor may, pursuant
to RCW 39.04.280, declare an emergency situation exists, waive competitive
bidding requirements, and award all necessary contracts on behalf of the City to
address the emergency situation. Within two weeks of awarding an emergency
contract, the Mayor shall provide Council with a written finding of the existence
of the emergency and notice of the contract(s) awarded pursuant to the
authority granted in this section. Such finding and notice shall be memorialized
with the City Clerk and published on the City's website and/or in the next
Council agenda packets, as the City Clerk deems appropriate.
5.0 DEFINITIONS:
For purposes of this policy, the following terms mean:
5.1 Amendment Value:CONTRACT: Amendment Value is the dollar value of all
Consideration provided by the City to the other contracting party or parties as
consideration for an individual Contract Amendment. Calculation of Amendment
Value should be calculated consistent with the guidelines for calculating Original
Contract Value. — purpose of this pelicy, eentracts are defined as
agFeements between twe parties written and enfeFEeable by law.
5.2 Consideration:EMERG N Y A value exchanged or promised to be exchanged.
Consideration can be in the form of a service, money, and/or property, and can
also be a promise not to do something that the contracting party would
otherwise be lawfully permitted to do.Unforeseen reircumstances beyond t e
AGENDA ITEM #1. a)
CONTRACTING AUTHORITY^^t'^^4ft ^ t4or4
p. 5
rfOffn-,nee
functions;
b)
ill likely result in less
pFepeF of essential
OF
ateFial
OF damage to ., eFt., bodily
taken.
OF
less of
life aetien is et
5.3 Contract: Any agreement (written, oral, or implied) with another entity that
legally binds the City to provide Consideration.
5.4 Contract Amendment: A modification or chanee in terms to a previous
executed Contract, regardless of form or label (e.g. addendum, amendment,
change order...).
5.5 Emergency: Unforeseen circumstances beyond the control of the City that either
a) present a real, immediate threat to the proper performance of essential
functions, or b) will likely result in material loss or damage to property, bodily
iniurv. or loss of life. if immediate action is not taken.
5.6 Mayor: The elected Mayor of the City of Renton, his or her designee(s), and/or a
pro tempore Mayor appointed temporarily pursuant to RCW 35A.12.065.
-5-.25.7 Original Contract Value: Original Contract Value is the dollar value of all
Consideration provided by the City to the other contracting party or parties in
the original contract. Calculation of Contract Value involving services or property
exchanged should include a reasonable estimate of the fair market value of
services and orooerty provided by the Citv as Consideration.
6.0 PROCEDURES:
Procedural matters regarding bidding and contracting are the responsibility of the
Administration. This includes, but is not limited to, formally designating those who may
approve and/or sign contracts on the Mayor's behalf and developing/updating
procurement policies and procedures designed to comply with applicable laws.
A GEND�VI #3. a)
COMMUNITY SERVICES
DEPARTMENT
M E M O R A N D U M
DATE:
January 4, 2019
TO:
Don Persson, Council President
Members of Renton City Council
VIA:
Denis Law, Mayor
FROM:
Kelly Beymer, Community Services Administrator
STAFF CONTACT:
Russ Woodruff, Capital Projects Coordinator
Jeff Minisci, Facilities Director
SUBJECT:
City of Renton and Baylis Architects, Inc. Agreement for
Family First Community Center
The City of Renton selected Baylis Architects, Inc. via a competitive selection process to
provide professional architectural services to design and administer construction of the
Family First Community Center. Initial architectural work commenced in January 2018.
The work to date has defined the program and designed concept plans with our center
partners including Doug Baldwin, the Renton School District and HealthPoint. The initial
incremental agreements to date noted that the full design agreement would be finalized
once the basic design and scope was defined. In addition, a preliminary estimate has
confirmed the design to be in line with the overall project budget. The current
agreement for services recognizes the initial services completed and the fees incurred to
date as well as the balance of required services and fees to complete the design,
permitting and construction of the project.
Contract includes fees for Baylis Architects, Inc. and all required sub consultants related
to the Family First Community Center. Fees include all design services through
construction administration and project closeout. Design fees for concept and
programming incurred to date total $178,847.95. Current agreement net amount is
$1,239,097.05. Total design fees are $1,417,495.00. Current funding available in both
City and Regional Renton Community Foundation accounts is $5,520,874.08.
Staff recommends the authorization of the agreement for services between the Owner
(City of Renton) and Architect (Baylis Architects, Inc.) for $1,239,097.05 for the Family
First Community Center.
h:\facilities\facilities coordinator - r wood ruff\ffcc\a rch itect\bayl is final agree ment\baylis agreement cow issue paper
1.14.19.docx
AGENDA ITEM #3. b)
® TM
-= Document B103 2017
Standard Form of Agreement Between Owner and Architect for a Complex Project
AGREEMENT made as of the day of in the year
(In words, indicate day, month and year.)
BETWEEN the Architect's client identified as the Owner:
(Name, legal status, address and other information)
City of Renton
1055 South Grady Way
Renton, WA 98057
and the Architect:
(Name, legal status, address and other information)
Baylis Architects, Inc.
10801 Main Street, Suite 110
Bellevue, WA 98004
for the following Project:
(Name, location and detailed description)
Family First Community Center
16022 116th Avenue SE
Renton, WA 98058
The Owner and Architect agree as follows.
This document has important
legal consequences. Consultation
with an attorney
is encouraged with respect to
its completion or modification.
Init. AIA Document B103TM — 2017. Copyright ® 2007 and 2017 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 the maximum extent possible under the law. This document was produced by AIA
t software at 00:27:00 ET on 12/21/2018 under Order No.4725796241 which expires on 04/19/2019, and is not for resale.
User Notes: (1949324922)
AGENDA ITEM #3. b)
TABLE OF ARTICLES
1 INITIAL INFORMATION
2 ARCHITECT'S RESPONSIBILITIES
3 SCOPE OF ARCHITECT'S BASIC SERVICES
4 SUPPLEMENTAL AND ADDITIONAL SERVICES
5 OWNER'S RESPONSIBILITIES
6 COST OF THE WORK
7 COPYRIGHTS AND LICENSES
8 CLAIMS AND DISPUTES
9 TERMINATION OR SUSPENSION
10 MISCELLANEOUS PROVISIONS
11 COMPENSATION
12 SPECIAL TERMS AND CONDITIONS
13 SCOPE OF THE AGREEMENT
ARTICLE 1 INITIAL INFORMATION
§ 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1.
(For each item in this section, insert the information or a statement such as "not applicable" or "unknown at time of
execution.')
§ 1.1.1 The Owner's program for the Project:
(Insert the Owner's program, identify documentation that establishes the Owner's program, or state the manner in
which the program will be developed.)
The programming and conceptual design for the Project will be developed in collaborative meetings between the
Owner and its staff and the Architect. The program will be updated as necessary by the Owner to address additional or
new requirements that arise during the Project. All design services provided by Architect prior to the effective date of
this Agreement shall be governed by this Agreement.
§ 1.1.2 The Project's physical characteristics:
(Identify or describe pertinent information about the Project's physical characteristics, such as size; location;
dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability of
public and private utilities and services; legal description of the site, etc)
The Project's characteristics are as follows:
A new single -story community center building of approximately 21,000 square feet containing_
• A recreational gymnasium with courts and a walkin track, ack, plus studios and fitness rooms.
• Facilities to house after -school programs and activities, drop -in childcare, and a teen room.
• Makerspace studios for STEAM programs.
• HealthPoint healthcare center for medical, dental, and mental health services.
• Administrative offices.
Init. AIA Document B103TM — 2017. Copyright ®2007 and 2017 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 the maximum extent possible under the law. This document was produced by AIA
I software at 00:27:00 ET on 12/21/2018 under Order No.4725796241 which expires on 04/19/2019, and is not for resale.
User Notes: (1949324922)
AGENDA ITEM #3. b)
• Shared meeting rooms and community gathering spaces, a demonstration kitchen, and community garden.
• Related parking, utilities, landscaping, and other improvements, as required.
§ 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.1:
(Provide total and, if known, a line item breakdown)
The maximum allowable construction cost or "budget," for the Cost of the Work for the Project, not including the
Architect's compensation and sales tax is $10 400 000 00 The budget is equivalent to the target Contract Sum that
the Owner will establish with the Contractor.
§ 1.1.4 The Owner's anticipated design and construction milestone dates:
Design phase milestone dates, if any:
Design milestone dates shall be established pursuant to Section 3.1.3.
Construction commencement date:
Notice to Proceed TTBD
.3 Substantial Completion date or dates:
Substantial Completion No later than
twelve (12) months
from the date of the
Final Completion
Other milestone dates:
No later than
thirty (30) calendar
days from the date of
Substantial
§ 1.1.5 The Owner intends the following procurement and delivery method for the Project:
(Identify method such as competitive bid or negotiated contract)
Competitive bid.
§ 1.1.6 The Owner's requirements for accelerated or fast -track design and construction, multiple bid packages, or
phased construction are set forth below:
(List number and type of bid/procurement packages)
The Contractor will be required to execute construction of the Work in a manner and sequence that will be approved
by the Owner and defined in the Contract Documents.
§ 1.1.7 The Owner's anticipated Sustainable Objective for the Project:
(Identify and describe the Owner's Sustainable Objective for the Project, if any)
USGBC LEED Silver. The sustainable plan and schedule shall be approved by the Owner and will be incorporated
into the Agreement by amendment once agreed to.
§ 1.1.7.1 ,
AIA Document B103TM — 2017. Copyright 02007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA• Document is
Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may 3
result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA
/ software at 00:27:00 ET on 12/21/2018 under Order No.4725796241 which expires on 04/19/2019, and is not for resale.
User Notes: (1949324922)
AGENDA ITEM #3. b)
ser-virses related to the Ovmer-'s Sustainable Objerstive. if E204 2017 is ineeFper-ated into this agreement-, the QA%er-
peffem3iag ser-viees or- WeFk in any way asseeiated with the Sustainable Deleted .
§ 1.1.8 The Owner identifies the following representative in accordance with Section 5.4:
(List name, address, and other contact information)
Kelly Bevmer
Community Services Administrator
1055 South Grady Way
Renton, WA 98057
§ 1.1.9 The persons or entities, in addition to the Owner's representative, who are required to review the Architect's
submittals to the Owner are as follows:
(List name, address, and other contact information)
Russ Woodruff
Capital Project Coordinator - Facilities
1055 South Grady Way
Renton, WA 98057
§ 1.1.10 The Owner shall retain the following consultants and contractors:
(List name, legal status, address, and other contact information)
.1 Cost Consultant:
Abbott Construction Inc.
3408 1st Avenue South
Seattle, WA 98134
.2 Scheduling Consultant:
None.
.3 Geotechnical Engineer:
The Riley Group, Inc.
17522 Bothell Way NE
Bothell, WA 98011
.4 Civil Engineer:
By Architect
.5 Other, if any:
(List any other consultants and contractors retained by the Owner.)
Survey Consultant: Terrane Inc.
Traffic Consultant: TENw LLC
Environmental Site Assessment Consultant: V Environmental LLC
§ 1.1.11 The Architect identifies the following repressrepresentative, who shall be authorized to act on the
Architect's behalf with respect to the Project, in accordance with Section 2.3:
(List name, address, and other contact information)
Meredith Everist
Principal in Charge
Init. AIA Document B1031— 2017. Copyright C 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIAO Document Is
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may
result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA
t software at 00:27:00 ET on 12/21/2018 under Order No.4725796241 which expires on 04/19/2019, and is not for resale.
User Notes: (1949324922)
AGENDA ITEM #3. b)
Baylis Architects, Inc.
10801 Main Street, Suite 110
Bellevue, WA 98004
§ 1.1.12 The Architect shall retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2:
(List name, legal status, address, and other contact information)
§ 1.1.12.1 Consultants retained under Basic Services:
.1 Structural Engineer:
Coughlin Porter Lundeen
801 Second Avenue, Suite 900
Seattle, WA 98104
.2 Mechanical Engineer:
Sider + Byers Associates, Inc.
192 Nickerson Street, Suite 300
Seattle, WA 98109
.3 Electrical Engineer:
Sider + Byers Associates, Inc.
.4 Interior Design:
Object Space
3445 California Ave SW, Studio 1
Seattle, WA 98116
§ 1.1.12.2 Consultants retained under Supplemental Services:
Coughlin Porter Lundeen — Consultant for civil engineering and site structural
Sider + Byers Associates — Consultant for ELCCA, Street Site Lighting, and LEED Coordination
A3 Acoustics — Consultant for Acoustics
ArchEcology — Consultant for Sustainability
Weisman DesignGroup — Consultant for Landscape
Applied Building Information — Consultant for Specifications
JRS Engineering — Consultant for BuildingEnvelope nvelope and Construction Testing
§ 1.1.13 Other Initial Information on which the Agreement is based:
The Architect shall take steps necessary to achieve all contractual milestones. The Architect shall perform its services
as expeditiously as possible, consistent with professional skill and care, to not cause delay to the Project. When
necessary, the Architect shall increase the staff assigned to the Project to ensure that the Project is not delayed.
The Architect shall cooperate with the Contractor and help to create an environment of mutual respect and focus on the
success of the Project. The Architect shall endeavor to promote harmony and cooperation among and between the
Owner, the Architect, the Contractor, and other persons or entities employed by each of them, with the goal of
furthering the interests of the Owner and effecting prompt completion of the Project within the requirements of the
Contract Time and Contract Sum.
The Architect and its consultants shall endeavor at all times to produce a Project design within the Owner's budget and
shall provide informal value engineering and constructabiljty reviews in consultation with the Owner. The Architect
shall endeavor to maximize the use of the Owner's budget for the Project for the benefit of the Owner.
AIA Document B103TM — 2017. Copyright ® 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is
Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may
result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA
t software at 00:27:00 ET on 12/21/2018 under Order No.4725796241 which expires on 04/19/2019, and is not for resale.
User Notes: (1949324922)
AGENDA ITEM #3. b)
§ 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that the Initial
Information may materially change and, in that event, the Architect shall provide
prompt notice to the Owner and, if indicated by the situation, the Owner and the Architect mgy appropriately adjust the
Architect's services, schedule for the Architect's services, and the Architect's compensation. The Owner shall -may
adjust the Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones,
as necessary, to accommodate material changes in the Initial Information.
§ 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other
information or documentation in digital form. Thepaf*fieswill use AIA De ament 9203TM , Building
la&Fmatien Modeling and Digital Data Exhibit, to establish the preteeel-s fieff- dhe > >
ffind
eywhange ef digital data.
§ 1.3.1 ,
goveming the use of-, and relianee en, the i—afe"mation eentained in the Made] And wit out having these pr-oteeels set
i n- .4-1 A- Decument E2031M 2013, Building InfoFmation Modeling and Digital Data Exhibit5 and the requisite
to, the building ifffeffnafien model, and eaeh of their- agents and employe
[Deleted].
ARTICLE 2 ARCHITECT'S RESPONSIBILITIES
§ 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect will perform the
services through itself, its employees, and consultants. The Architect represents that it is properly licensed in the
jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such
services to be performed by appropriately licensed design professionals.
§ 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by
architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall
perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of
the Project. The Architect shall cooperate with the Owner, the Contractor, and others for the benefit of the Project and
shall endeavor to maintain good working relationships among all members of the Project team.
§ 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the
Project.
§ 2.4 Except with the Owner's written knowledge and consent, the Architect and its Consultants shall not engage in
any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the
Architect's professional judgment with respect to this Project.
§ 2.5 The Architect sha4-shall, at its sole cost and expense, secure and maintain the following insurance until
termination of this Agreement.
Ar-ehiteet nermallymaintains, the Owner- shall pay the Ar-ehiteet as set feEth in Seetien .
§ 2.5.1 Commercial General Liability with policy limits
set forth below.
The Architect will, at its sole cost and expense, secure and maintain Commercial General Liability insurance
with limits of $1,000,000 per occurrence and $2,000,000 per general and $2,000,000 per products
and completed operations aggregate. A deductible of up to $10,000 per occurrence is permitted.
§ 2.5.2 Automobile Liability covering vehicles owned, and non -owned and rented vehicles used, by the Architect with
policy limits
A,,« ef-Ahe e _ship .. nteniffin,.e Mnd usse. Ar«wAse H;A*er-- .ehie e. ..1...,g void, set forth below.
The Architect will, at its sole cost and expense, secure and maintain Automobile Liability insurance for
automobiles owned, non -owned, or rented by the Architect in Washington in the amount of no less than
AIA Document B103TM — 2017. Copyright ® 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is
Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may
result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA
software at 00:27:00 ET on 12/21/2018 under Order No.4725796241 which expires on 04/1912019, and is not for resale.
User Notes: (1949324922)
AGENDA ITEM #3. b)
$1,000,000 combined single limit. In addition, the Architect will, at its sole cost and expense, secure and
maintain any other statutorily required automobile coverage.
§ 2.5.3 The Aff-ehite-at may arhieve the required limits and eever-agee for Cnn;marrial General I ie ility and Automobile
Liability thfough a eambinatien of primary and emeess ev i r-ella liability insufanse, provided sueh primary and
exeseess eff iffim-lbr-ella liability insmr-anee peliaies Fesult —i;; t—he same or- gFeater- eever-age as the aever-ages required undo
than the primary peliry. The exeess peliesy sha4l: not r-equir-e. ahe -exhau-stion of the under -lying limits only through the
Deleted .
§ 2.5.4 Workers' Compensation at statutory fimits-.in accordance with Washington statutes.
§ 2.5.5 Employers' Liability with policy limits not less than ($ ) eae" ar^'Qent, I($ ) eaeh employee, and—($
Pokey !---it:One Million Dollars (11,000,000 ) per occurrence.
§ 2.5.6 Professional Liability ,
with pokey limits of not less than I($ ) per- elaim and ($ ) in the as set forth below.
The Architect will maintain for six (6) vears after Substantial ComDletion Drofessional errors and omissions
insurance in an amount no less than $1,000,000 per claim and annual aggregate for damages that result from
the Architect's professional negligence. The Architect shall promptly notify the Owner of any material
changes to, interruption of, or termination of this insurance. The Architect shall contractually require its
consultants to maintain professional errors and omissions insurance in an amount of at least fifty
Dercent (50%) of the above amount, unless otherwise agreed by the Owner. If professional errors and
omissions insurance is not reasonably available for a class of consultants, or not reasonably available in the
future to the Architect, the Architect must so notify the Owner immediately.
§ 2.5.7 Additional Insured Obligations. To the fullest extent permitted by law, the Architect shall cause the primary and
excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner asp
and the Renton School District, as additional insureds for claims caused in whole or in part by the
Architect's negligent acts or omissions. The additional insured coverage shall be primary and non-contributory to any
f the O'Asether insurance policies and shall apply to both ongoing and completed operations. A copy of the
additional insured endorsement shall be attached to the certificates of insurance and such documents shall be received
by the Owner within ten (10) days of execution of this Agreement. The certificates of insurance shall contain a
provision that coverages afforded under the policies listed will not be reduced, cancelled, or allowed to expire until at
least thirty (30) days prior written notice has been given to the Owner.
§ 2.5.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the
requirements in this Section 2.5. The Architect shall provide the Owner with written notice within two (2) business
days of my policy cancellation.
ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES
§ 3.1 The Architect's Basic Services consist of those described in this Article 3 including those provided by the
consultants identified in Section 1.1.12.1, and include usual and customary structural, mechanical, and electrical
engineering serviees. services necessary to produce a reasonably complete and reasonably accurate set of Construction
Documents. Services not set forth in this Article 3 or in Exhibit A are Supplemental or Additional Services. To the
extent this Agreement is inconsistent with Exhibit A or other related document of the Architect, this Agreement shall
control.
§ 3.1.1 The Architect shall manage the Architect's services and
provide Construction administration services to the Project to the extent specified in this Agreement. The Architect
shall consult with the Owner, research aDDlicable design criteria, attend and DreDare minutes for Dublic and private
community, pre -construction, bidding, and weekly Project meetings, communicate with members of the Project team,
and report progress to the Owner.
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§ 3.1.2 The Architect shall coordinate its services with those services provided by its consultants as well as by the
Owner and the Owner's consultants. The Architect shall be entitled to reasonably rely on, and shall not be responsible
for the accuracy, completeness, and timeliness of, services and information furnished by the Owner and the
Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware
of any error, omission, or inconsistency in such services or information.
§ 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit, for the Owner- and the
Sehedialing ' Owner's approval, a schedule for the performance of the Architect's services. The
Architect's initial schedule shall be consistent with the milestones, if any, identified in Section 1.1.4 and may be
adiusted in writing by mutual consent of the parties as the Project proceeds. The schedule shall include design phase
milestone dates, as well as the anticipated dates for the commencement of construction and for Substantial Completion
of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time required
for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by
authorities having jurisdiction over the Project. Once approved by the , Owner, time
limits established by the schedule shall not, except for reasonable cause, be exceeded by the
Architect. With the Owner's approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds
until the commencement of construction. A change in schedule does not automatically result in an increase in Basic
Services.
§ VA Upon the Owner's reasonable request, the Architect shall submit information to the Owner's Scheduling
Consultant and participate in developing and revising the Project schedule as it relates to the Architect's services.
§ 3.1.5 The Architect shall not be responsible for an Owner's directive or substitution, or for the Owner's acceptance of
non -conforming Work, made or given without the Architect's written consent or approval.
§ 3.1.6 The Project shall be designed and permitted to conform to applicable State, county, city, and other iurisdictional
requirements and regulations in effect at the time services are provided. The Architect shall review and comply with
laws, codes, and regulations applicable to the Architect's services, including those governing accessibility. The
Architect shall, at appropriate times and with sufficient time to avoid delay, contact governmental authorities required
to approve the Construction Documents and entities providing utility services to the Project. The Architect shall
respond to applicable design requirements imposed by those authorities and entities. The Architect shall contractually
require that the services of the Architect's consultants comply with applicable laws, codes, regulations, and
governmental authorities.
§ 3.1.7 The AFshiteet-Owner shall assist the 9wner-Architect in connection with the Gv,%eF!-,Architect's responsibility
for filing documents required for the approval of governmental authorities having jurisdiction over the Project. The
Architect shall have primary responsibility for applying for building code reviews of the Construction Documents,
shall provide separate packages of documents for local and state building permits, shall coordinate and attend
meetings with governmental bodies, and shall make application for and coordinate all necessary master -use, land -use,
and building permits. As part of Basic Services, the Architect shall provide permitting assistance. The Architect shall
also make all revisions to the Construction Documents required by State, local, and other applicable reviews and as
required to comply with applicable codes, laws, and interpretations thereof in effect as of the date of commencement
of the Construction Documents Phase.
S 3.1.8 The Basic Services will result in a Project design consistent with the Owner's program. At the time of
performance, the Architect shall be properly licensed, equipped, organized, and financed to perform the services. The
individual(s) listed in Section 1.1.11 shall be actively involved in all phases of the Project, shall be the prime contact
with the Owner, and shall not be changed without the Owner's consent; changing the Architect's representative
without the Owner's consent shall constitute cause for termination under this Agreement. Each person who performs
the services shall be experienced and qualified to perform the services he or she performs, and the Owner shall be
entitled to rely upon any assistance, guidance, direction, advice, or other services provided by any such person. If
requested by the Owner, the Architect shall remove from the services, without cost to the Owner or delay to the
Project, any person whose removal the Owner reasonably requests.
6 3.1.9 The Architect shall, at no cost to the Owner, promptly and satisfactorily correct any services which are not in
conformity with the requirements of this Agreement. If the Architect fails to make such correction within seven (7)
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AGENDA ITEM #3. b)
calendar days of written notice from the Owner, the Owner may do so, by contract or otherwise, and recover (e.g., by
offset against the compensation otherwise payable under this Agreement) the cost from the Architect. The obligations
of the Architect to correct or nonconforming services shall not in any way limit any other obligations of the Architect,
and the Owner's right to make corrections and charge the Architect therefor is in addition to any and all other rights
and remedies available to the Owner under this Agreement or otherwise by law, and shall in no event be construed or
interpreted as obligating the Owner to make any correction of defective or non -conforming services.
6 3.1.10 Any subcontracting of the services shall not relieve the Architect from its responsibility for the performance of
the services in accordance with the terms of this Agreement nor from its responsibility for the performance of any of
its other obligations under this Agreement.
§ 3.1.11 The Architect shall be and operate as an independent contractor in the performance of the services and shall
have control over and responsibility for all personnel performing the services. Nothing contained in this Agreement
shall be deemed to create any association, partnership, joint venture, or relationship of principal and agent or master
and servant between or among the parties to this Agreement or their affiliates or subsidiaries. The Architect shall
perform the services in accordance with its own methods in an orderly and professional manner. In no event shall the
Architect be authorized on behalf of the Owner: to create any duties or obligations, to enter into any agreements or
undertakings, to waive any provisions of the Contract Documents: to receive or accept contractual notice, to execute
any Certificate for Payment, Change Order, or other document, to authorize any_payments or accept or approve any
documents, Work, services, goods, or materials which result in a change in the Contract Sum or Contract Time without
prior written approval of the Owner, or to act as or be an agent or employee of the Owner.
4 .1.12 The Architect shall comply with all applicable provisions of Chapter 49.60 RCW, the Law Against
Discrimination.
4 3.1.13 The Architect shall submit design documents to the Owner as described in this Agreement as well as at
intervals appropriate to the design process for purposes of evaluation and approval by the Owner. Upon request of the
Owner, the Architect shall make presentations as described in this Agreement to explain the design of the Project to
representatives of the Owner. The Architect shall be entitled to rely on written approvals received from the Owner in
the further development of the design.
§ 3.2 Schematic Design Phase Services
§ 3.2.1 The Architect shall review the program and other information furnished by the 9wner-,-Owner and otherwise
known to the Architect, and shall review laws, codes, and regulations applicable to the Architect's services.
§ 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost of
the Work, Project site, the proposed procurement and delivery method, and other Initial Information, each in terms of
the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies
discovered in the information, and (2) other information or consulting services that may be reasonably needed for the
Project.
§ 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative
approaches to design and construction of the Project. The Architect shall reach an understanding with the Owner
regarding the requirements of the Project.
§ 3.2.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present, for the
Owner's approval, a preliminary design illustrating the scale and relationship of the Project components.
§ 3.2.5 Based on the , programming and conceptual design developed in
collaborative meetings between the Owner and its staff, the Owner's stakeholders, and the Architect, the Architect
shall prepare Schematic Design Documents for the Owner's approval. The Schematic Design Documents shall consist
of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and
elevations; and may include some combination of study models, perspective sketches, or digital representations.
Preliminary selections of major building systems and construction materials shall be noted on the drawings er-and/or
described in writing.
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§ 3.2.5.1 The Architect shall consider sustainable design alternatives, such as material choices and building orientation,
together with other considerations based on program and aesthetics, in developing a design that is consistent with the
Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain more advanced sustainable
design services as a Supplemental Service under Section 4.1.1.
§ 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together with
other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the
Owner's program, schedule, and budget for the Cost of the Work.
§ 3.2.6 The Architect shall submit the Schematic Design Documents to the Owner and the Cost Consultant. The
Architect shall meet with the Cost Consultant to review the Schematic Design Documents.
§ 3.2.7 Upon receipt of the Cost Consultant's estimate at the conclusion of the Schematic Design Phase, the Architect
shall take action as required under Section 6.4, and request the Owner's approval of the Schematic Design Documents.
If revisions to the Schematic Design Documents are required to comply with the Owner's budget for the Cost of the
Work at the conclusion of the Schematic Design Phase, the Architect shall incorporate the required revisions in the
Design Development Phase.
§ 3.3 Design Development Phase Services
§ 3.3.1 Based on the Owner's written approval of the Schematic Design Documents, and on the Owner's authorization
of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare
Design Development Documents for the Owner's approval. The Design Development Documents shall illustrate and
describe the development of the approved Schematic Design Documents and shall consist of drawings and other
documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building
systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical
systems, and other appropriate elements. The Design Development Documents shall also include outline
specifications that identify major materials and systems and establish, in general, their quality levels. The Design
Development Documents shall include:
.1 Draft specification and design development plans, building cross sections, and elevations,
.2 A description of changes from the approved Schematic Design;
.3 A proposed schedule for the Project through Final CompletionA Confirmation of the net and gross
areas of the improved portions of the building; and
,5 An update to the code analysis that includes fire, life, safety, and handicap accessibility issues
presented in scaled drawings and written format.
In addition, the Design Development Documents will include the site plan and an update to any required analysis of
surface water, parking, set -backs, street improvements and access, and other zoning and land -use issues.
During this Phase, the Architect will meet with the Owner's maintenance staff, end users, applicable building and
planning officials, utility providers, the Fire Marshall, health officials, and consultants, as required.
§ 3.3.2 Prior to the conclusion of the Design Development Phase, the Architect shall submit the Design Development
Documents to the Owner and the Cost Consultant. The Architect shall meet with the Cost Consultant to review the
Design Development Documents. The Owner's Cost Consultant shall advise the Owner of any adjustments to the prior
estimate. This revised cost estimate shall be projected to the expected time of bid and shall be itemized by detailed
categories within each specification section to provide reasonable assurance that the Project cost will not exceed the
budget set for the Project as prepared by the Cost Consultant.
§ 3.3.3 Upon receipt of the Cost Consultant's estimate at the conclusion of the Design Development Phase, the
Architect shall take action as required under Sections 6.5 and 6.6 and as requested by the Owner and shall request the
Owner's approval of the Design Development Documents. Before the Architect proceeds with the Construction
Documents Phase, the Architect shall present its design to the Owner's Representative and then to the Owner's
stakeholders and the Owner must approve in writing completion of the Design Development Phase. The Owner's
participation shall be deemed only an gpproval of the proposed concepts and not the specific elements of the design.
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§ 3.4 Construction Documents Phase Services
§ 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of
any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare
Construction Documents for the Owner's approval. The Construction Documents shall set forth in detail the
coordinated requirements for construction of the Project, shall illustrate and describe the further development of the
approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the
quality levels and performance criteria of materials and systems and other requirements for the construction of the
Work. The Owner and Architect acknowledge that, in order to perform the Work, the Contractor will provide
additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the
Architect shall review in accordance with Section 3.6.4.
§ 3.4.2 During this Phase, the Architect will respond to comments from building and planning officials and meet with
the Owner and its consultants. The Architect shall also assist the Owner to submit to building, planning, health, water
and sewer districts, electricity and natural gas providers, and similar agencies and utility providers having jurisdiction.
The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the
Project into the Construction Documents. The Architect shall be responsible as part of its Basic Services (with the
assistance of the Owner) for coordinating and filing documents required for the approval of governmental authorities
having jurisdiction over the Project. The Architect shall be responsible for making the changes in the Construction
Documents required by the governmental authorities at its expense, except where such required changes are
inconsistent with previous direction from the same governmental agency.
§ 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the
development and preparation of (1) procurement information that describes the time, place, and conditions of bidding,
including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the
Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect shall also
compile a project manual that includes the Conditions of the Contract for Construction and Specifications, and may
include bidding requirements and sample forms.
§ 3.4.4 Prior to the conclusion of the Construction Documents Phase, the Architect shall submit the Construction
Documents to the Owner and the Cost Consultant. The Architect and the Owner shall meet with the Cost Consultant to
review the Construction Documents.
§ 3.4.5 Upon receipt of the Cost Consultant's estimate at the conclusion of the Construction Documents Phase, the
Axehiteet-Architect, in consultation with the Owner, shall take action as required under Sestien Section 6.5 and 6.7,
and request the Owner's approval of the Construction Documents.
§ 3.5 Procurement Phase Services
§ 3.5.1 General
The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner's approval
of the Construction Documents, the Architect shall assist the Owner in (1) obtaining either- eempetitive bids e
ompetitive bids: (2) confirming responsiveness of bids or proposals; (3) determining the
successful bid or proposal, if any; and, (4) awarding and preparing contracts for construction. The Architect shall
participate in or, at the Owner's direction, organize and conduct, a pre -bid conference for prospective bidders. The
Architect shall also assist the Owner in bid validation and determination of the successful bid, if any. If requested by
the Owner, the Architect shall notify all Drospective bidders of the bid results.
§ 3.5.2 Competitive Bidding
§ 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents.
§ 3.5.2.2 The Architect shall assist the Owner in bidding the Project by:
.1 facilitating the distribution of Bidding Documents to prospective bidders;
.2 organizing and conducting a pre -bid conference for prospective bidders;
.3 preparing responses to questions from prospective bidders and providing clarifications and
interpretations of the Bidding Documents to the prospective bidders in the form of addenda; and,
.4 organizing and conducting the opening of the bids, and subsequently documenting and distributing the
bidding results, as directed by the Owner.
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AGENDA ITEM #3. b)
§ 3.5.2.3 If the Bidding Documents permit substitutions, upon the Owner's written authorization, the Architect shall, as
an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved
substitutions to all prospective bidders.
§ 3.5.3.1 Pr-epesal Doeuments shall eensist of proposal requirements and proposed Contfaet Doeume
repeft ef the negotiation results, as dir-eeted by the Owner-.
3.5.3.3 N the Prepesal Doeuments permit substitutions, upon the Owner-'s written author-izatien, the Mehiteet shall,
§ 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 -in this Agreement and in AIA Document A20ITm-2017, General Conditions of the Contract for Construction. If
the Owner and Contractor modify AIA Document A201-2017, those modifications shall not affect the Architect's
services under this Agreement unless the Owner and the Architect amend this Agreement. The Architect may review
and provide comments on the proposed modifications to the A201-2017 form, but the Architect will not be entitled to
receive Additional Services compensation resulting from such review and comments except as provided in Article 4 of
this Agreement.
§ 3.6.1.2 The Architect shall be a representative, but not an agent, of the Owner and shall advise and consult with the
Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only
to the extent provided in this Agreement. Notice by third parties to the Architect shall not be deemed notice to the
Owner. The Architect shall not have control over, charge of, or responsibility for the construction means, methods,
techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall
the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of
the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall
not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other
persons or entities performing portions of the Work.
§ 3.6.1.3 Subject to Section 4.2 and except as provided in Section 3.6.6.5, the Architect's responsibility to provide
Construction Phase Services commences with the award of the Contract for Construction and terminates en the date
uuon the Owner's Final Acceptance of the Project. The Basic
Services shall continue, however, for services associated with the one-year correction period set forth in the Contract
for Construction.
§ 3.6.2 Evaluations of the Work
§ 3.6.2.1 The Architect shall visit and be at the site at intervals appropriate to the stage of construction, or as otherwise
required in Seetion "�z.Tthis Agreement, to become generally familiar with and keep the Owner informed about the
progress and quality of the portion of the Work completed, and to determine, in general, and for the Owner's benefit
and protection, 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. The Architect shall review and monitor the Work and the
Contractor's as -built drawings and shall report to the Owner known deviations from the Contract Documents.
However, the Architect shall not be required to make exhaustive or continuous on -site observations or any inspections
to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall document and keep the
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AGENDA ITEM #3. b)
Owner reasonably informed about the progress and quality of the portion of the Work completed, shall endeavor to
guard the Owner against defects and deficiencies in the Work, and shall promptly report to the Owner (1) known
deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted
by the Contractor, and (3) defects and deficiencies observed in the Work.
§ 3.6.2.2 The Architect shall consult with the Owner concerning the advisability of rejecting
Work that does not conform to the Contract Documeats-Documents and shall communicate the Owner's decision
regarding rejected Work to the Contractor. Whenever the Architect considers it necessary or advisable, the Architect
Shall have the au4beFity te will recommend to the Owner inspection or testing of the Work in accordance with
the provisions of the Contract Documents, whether or not the Work is fabricated, installed or completed. The
Architect's monitoring of such additional testingor r inspections is a part of Basic Services. However, neither this
authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall
give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or
employees, or other persons or entities performing portions of the Work.
§ 3.6.2.3 The Architect shall initially interpret and decide matters concerning performance under, and requirements of,
the Drawings and Specifications and shall assist the Owner in the interpretation of all other Contract Documents and
the Contractor's performance thereunder on written request of the Owner. The
Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with
reasonable promptness.
§ 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable
from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations
and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, and shall not
show partiality to either, and shall not be liable for results of interpretations
GefAfaet rendered without negligence and in good faith. .
§ 3.6.2.5 , as that te
The Architect shall render
recommendations on Claims between the Owner and Contractor my when
requested by the Owner.
§ 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 promptly issue certificates in
such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the
Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's
Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has
progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the
Contractor is entitled to payment in the amount certified. The foregoing representations are subject to (1) an evaluation
of the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent
tests and inspections, (3) correction of minor deviations from the Contract Documents prior to completion, and (4)
specific qualifications expressed by the Architect.
§ 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made
exhaustive or continuous on -site observations or any inspections to check the quality or quantity of the Work, (2)
reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions
received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor's
right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on
account of the Contract Sum.
§ 3.6.3.3 The Architect shall maintain a written record of the Applications and Certificates rfor Payment
for the Owner's benefit.
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AGENDA ITEM #3. b)
§ 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 of the schedule. The Architect's action in reviewing submittals shall be taken in accordance with the
approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while
allowing sufficient time, in the Architect's professional judgment, to permit adequate review.
§ 3.6.4.2 The Architect shall iligently review, and take appropriate action upon, the
Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of
checking for conformance with information given and the design concept expressed in the Contract Documents. The
Architect shall prepare and continually update a log of all required submittals and shall provide the log when requested
by the Owner. The Architect shall not change the Contract Sum, or Contract Time through review comments on a
submittal, but only through a Change Order or Construction Change Directive signed by the Owner, and the Architect
shall not change the Contract Documents through review comments without prior written approval of the Owner. The
Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities
of the Owner, Contractor, or separate contractors, while allowing sufficient time in the Architect's professional
Judgment to permit adequate review. Review of such submittals is not for the purpose of determining the accuracy and
completeness of other information such as dimensions, quantities, and installation or performance of equipment or
systems, which are the Contractor's responsibility. The Architect's review shall not constitute review or approval of
safety precautions or construction means, methods, techniques, sequences or procedures. The Architect's appr-eval
review of a specific item shall not indicate review or approval of an assembly of which the item is a component. The
Architect shall not approve substitution requests unless written permission from the Owner is obtained.
§ 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or
certifications by a design professional related to systems, materials, or equipment, the Architect shall specify the
appropriate performance and design criteria that such services must satisfy. The Architect shall review and take
appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the
Contractor's design professional, provided the submittals bear such professional's seal and signature when submitted
to the Architect. The Architect's review shall be for the limited purpose of checking for conformance with information
given and the design concept expressed in the Contract Documents. The Architect shall be entitled to rely upon, and
shall not be responsible for, the adequacy and accuracy of the services, certifications, and approvals performed or
provided by such design professionals.
§ 3.6.4.4 Sttbjeet-As part of Basic Services, but subject to Section 4.2, the Architect shall review and respond to
requests for information about the Contract , in , the
Documents with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner,
Contractor, or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit
adequate review. The Contract Documents shall set forth the requirements for requests for information. Requests for
information shall include, at a minimum, a detaihW-written statement that indicates the specific Drawings or
Specifications in need of clarification and the nature of the clarification requested. The Architect's response to such
requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. The
Architect shall not change the Contract Sum or Contract Time through an RFI response, but only through a Change
Order or Construction Change Directive signed by the Owner; and the Architect shall not change the Contract
Documents through an RFI response without prior written approval of the Owner. If appropriate, the Architect shall
prepare and issue supplemental Drawings and Specifications in response to the requests for information. The Architect
shall maintain written records and logs relative to requests for information for the Owner's benefit. The Architect
shall submit monthly logs to the Owner tracking all requests for information and the Architect's responses.
§ 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 -With prior consent of the Owner, the Architect may order minor changes in the Work that are consistent
with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the
Contract Time. Subjeet to See fie., 4 2 «he The Architect shall prepare Change Orders and Construction Change
Directives for the Owner's approval and execution in accordance with the Contract Documents. If necessary, the
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AGENDA ITEM #3. b)
Architect shall prepare, reproduce, and distribute Drawings and Specifications and other necessary supporting
documentation and data to describe Work to be added, deleted, or modified.
§ 3.6.5.2 The Architect shall maintain .written records and logs relative to
changes in the Work for the Owner's benefit. These shall include, at a minimum, records relating to approved changes
requested by the Contractor. The Architect shall submit monthly logs to the Owner categorizingall 1 Proposal Requests,
Construction Change Directives, Change Orders, and Submittals processed. Logs shall include the status of
documents and any cross-references and dollar amounts associated with the particular document.
S 3.6.5.3 The Architect shall review and promptly respond to requests for changes in the Work, including ad
iustments
to the Contract Sum or Contract Time. If the Architect determines that requested changes in the Work are not
materially different from the requirements of the Contract Documents, the Architect may issue an order for a minor
change in the Work or recommend to the Owner that the requested change be denied. If the Architect determines that
implementation of the requested changes would result in a material change to the Contract that may cause an
adiustment in the Contract Time or Contract Sum, the Architect shall make a recommendation to the Owner, who may
authorize further investigation of such change. Upon Stich authorization, and based upon information fumished by the
Contractor, if any, the Architect shall review the Contractor's estimate and recommend to the Owner the additional
cost and time that might result from such change, including anv additional costs attributable to Additional Services of
the Architect. With the Owner's approval, the Architect shall incorporate those estimates into a Change Order or
other appropriate documentation for the Owner's execution or negotiation with the Contractor.
§ 3.6.6 Project Completion
§ 3.6.6.1 The Architect shall:
.1 conduct ' reviews regarding the date or dates of Substantial Completion and the
date of &0 eemplefien-; f Final Completion and initially advise only the Owner of those
recommended dates:
.2 issue Certificates of Substantial Gemplefien&ompletion with the Owner's consent:
.3 forward to the Owner, for the Owner's review and records, written warranties and related close-out
documents required by the Contract Documents and received from the Contractor; and,
.4 issue a final Certificate for Payment based upon a final inspection indicating that, to the best of the
Architect's knowledge, information, and belief, the Work complies with the requirements of the
Contract Documents.
§ 3.6.6.2 The Architect's previews shall be conducted with the Owner to check conformance of the Work
with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by
the Contractor of Work to be completed or corrected.
§ 3.6.6.3 When Substantial Completion has been achieved, the Architect shall inform the Owner about the balance of
the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if
any, for final completion or correction of the Work. The Architect shall, in conjunction with the Contractor and with
the approval of the Owner, issue a Certificate of Substantial Completion At Substantial Completion the Architect in
conjunction with the Owner, shall prepare a "punch list" of observed items requiring correction, completion or
replacement by the Contractor. The Architect shall review the Proiect upon Final Completion to determine
compliance with the Contract Documents and shall issue a final Certificate for Payment recommending that the Work,
to the best of the Architect's knowledge, information and belief, is completed in compliance with the requirements of
the Contract Documents.
§ 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 final payment; (2) affidavits,
receipts, releases and waivers of liens, or bonds indemnifying the Owner against liens; and (3) any other
documentation required of the Contractor under the Contract Documents.
§ 3.6.6.5 i Prior to the expiration of ene-one 1 ear from the date of Substantial
Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the
facility operations and peF&Fnwmee:performance, to review correction -period items, and to make appropriate
recommendations to the Owner. At the beginning of the final month of the one- (1-) year correction period, the
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AGENDA ITEM #3. b)
Architect shall inspect the Project and report in writing any discrepancies observed and if requested by the Owner,
shall cooperate with the Owner to actively pursue and resolve issues regarding discrepancies or defects in the Work.
4 3.6.6.6 The Architect shall observe the progress of the Work and other requirements in the Contract Documents for
achieving Final Completion and shall advise the Owner of that recommended date The Architect's review 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
The Architect shall review the Project upon Final Completion to determine general compliance with the Contract
Documents and provide a certificate of completion recommending that the Work is completed in compliance with the
Contract Documents to the best of the Architect's knowledge information and belief.
ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES
§ 4.1 Supplemental Services
§ 4.1.1 The services listed below are not included in Basic Services Services, unless listed as the Architect's
responsibility. but may be required for the Project.
responsibility,speeifleally designated in the table below as the Ar-ehiteet's
and the Owner- sha4l eempensate the
A «el.iteet a _'«'.1 .1 in Q 1 1 '1 t:Unless other -wise YeJ eiFeeaddressedaddressein this A gF t, if neither- tl.. O
nor- the AFehiteet is designated, the paFties agFee that the listed Supplemental SeFviee is not being pr-evided fer- the
(Designate the A Suppl
emental Supplt l Servieses d the O ' Supplemental Ser-viees,1 for- the D 1. t
indie.ating whether the Ar-ehitest or- ONN%er- shall be responsible for- pr-evidifig the idenfified Supplen—m-mUll SPIP"isp..
exhibit to this Agr-eement.'(Services listed below and designated as the Architect's responsibility are Basic or
Supplemental Services). If the "Responsibility" column lists "Owner," "N/A." or "not provided" and the Architect is
required by the Owner to perform the service, then it is an Additional Service subject to this Agreement and the Owner
shall compensate the Architect as provided in Section 11.2.
Supplemental Services
Responsibility
Architect, Owner, or notprovided)
4.1.1.1
Programming
Architect
4.1.1.2
Multiple preliminary designs
Not Provided
4.1.1.3
Measured drawings
Not Provided
4.1.1.4
Existing facilities surveys
Owner
4.1.1.5
Site evaluation and planning
Architect
§ 4.1.1.6
Building Information Model management
responsibilities
Not Provided
§ 4.1.1.7
Development of Building Information Models for
post construction use
Not Provided
4.1.1.8
Civil engineering
Architect
4.1.1.9
Landscape design
Architect
4.1.1.10
Architectural interior design
Architect
4.1.1.11
Value analysis
Not Provided
4.1.1.12
Cost estimating
Owner
4.1.1.13
On -site project representation
Not Provided
4.1.1.14
Conformed documents for construction
Not Provided
4.1.1.15
As -designed record drawings
Not Provided
4.1.1.16
As -constructed record drawings
Not Provided
4.1.1.17
Post -occupancy evaluation
Not Provided
4.1.1.18
Facility support services
Not Provided
4.1.1.19
Tenant -related services
Not Provided
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AGENDA ITEM #3. b)
Supplemental Services
Responsibility
Architect, Owner, or notprovided)
§ 4.1.1.20
Architect's coordination of the Owner's
consultants
Owner
4.1.1.21
Telecommunications/data design
Owner
4.1.1.22
Security evaluation and planning
Owner
4.1.1.23
Commissioning
Owner
§ 4.1.1.24
Sustainable Project Services pursuant to Section
4.1.3
Not Provided
4.1.1.25
Historic preservation
Not Provided
4.1.1.26
Furniture furnishings, and equipment design
Owner
4.1.1.27
Other services provided by specialty Consultants
Not Provided
4.1.1.28
Other Supplemental Services
Not Provided
§ 4.1.2 Description of Supplemental Services
§ 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect's responsibility is
provided below.
(Describe in detail the Architect's Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit,
identify the exhibit. The AM publishes a number of Standard Form of Architect's Services documents that can be
included as an exhibit to describe the Architect's Supplemental Services)
See Exhibit A
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._
Y. •
§ 4.2 Architect's Additional Services
The Architect may provide Additional Services after execution of this Agreement without invalidating the Agreement.
Agreement. if mutuallv agreed in writing by the Owner and Architect. The Architect shall not move forward in
rendering such Additional Services without the written permission of the Owner. In the absence of mutual agreement
in writing, the Architect shall promptly notify the Owner prior to providing any services requiring an adjustment in the
Architect's compensation and shall specify the proposed adjustment. Failure to provide such timely written notice
shall be a waiver of any compensation for Additional Services. If requested by the Owner in writing, the Architect
shall proceed with Additional Services even if the parties have not yet agreed to the change in compensation. If the
Owner deems that all or a part of such Additional Services is not required, the Owner shall give prompt written notice
to the Architect, and the Architect shall have no obligation to provide, and the Owner shall have no obligation to
compensate the Architect for, those services. Except for services required due to the fault -fault, negligence, or
responsibility of the Architect, any Additional Services provided in accordance with this Agreement and Section 4.2
shall entitle the Architect to a reasonable adjustment in compensation pursuant to Section 11.3 and an appropriate
adjustment in the Architect's schedule.
§ 4.2.1 Upon recognizing the need to perform the following Additional Services not caused by the fault or
negligence of the Architect, the Architect shall notify the Owner in writing with reasonable promptness and explain
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AGENDA ITEM #3. b)
the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following
Additional Services until the Architect receives the Owner's written authorization:
.1 Services necessitated by a substantial change in the Initial Information, previous instructions or
approvals given by the Owner, or a material change in the Project including size, quality, complexity,
the Owner's schedule or budget for Cost of the Work, or procurement or delivery met -had, or- id
par.kages in additien to these listed in Seetien ;method:
.2 Services necessitated by the enactment or revision of codes, laws, or regulations, including changing or
editing previously prepared Instruments of Service;
.3 Changing or editing previously prepared Instruments of Service necessitated by unexpected official
interpretations of applicable codes, laws or regulations that are either (a) contrary to specific
interpretations by the applicable authorities having jurisdiction made prior to the issuance of the
building permit, or (b) contrary to requirements of the Instruments of Service when those Instruments
of Service were prepared in accordance with the applicable standard of care;
.4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of
performance on the part of the Owner or the Owner's consultants or contractors;
.5 '
;
A —Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner;
.6 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except
where the Architect is party thereto;
Evaluation of the qualifieatiens of erAfies providing bids orpFepesals-;
.7 Consultation concerning replacement of Work resulting from fire or other cause during
construction; or,
.8 Assistance to the Initial Decision Maker, if any, if other than the Architect.
§ 4.2.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify
the Owner in writing with reasonable promptness, and explain the facts and circumstances giving rise to the need.
These Additional Services will be performed at no cost to the Owner to the extent caused by the fault, responsibility. or
negligence of the Architect. If, upon receipt of the Architect's notice, the Owner determines that all or parts of the
services are not required, the Owner shall give prompt written notice to the Architect of the Owner's deteiminatiem
netiee determination and the Owner shall have no further obligation to compensate the Architect for those services:
.1GeatFaeter-'s submittal eut of sequence ftem the submAtal schedule approved by the
eeti
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,
;
—.2 Preparing Change Orders and Construction Change Directives that require detailed and
extraordinaryevaluation of Contractor's proposals and supporting data, or the preparation or revision
of Instruments of Service; or
• ; ,
.5 .3 Evaluating substitutions proposed by the Owner or Contractor wand, with the Owner's written
agreement, making subsequent revisions to Instruments of Service resulting therefrom.
§ 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional
SeFviees. Services unless necessitated by the fault or negligence of the Architect. When the limits below are reached,
the Architect shall notify the Oviner-iOwner in writing:
.1 Two (2_) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the
Contractor
One Weekly visit to the site by the Architect during eenst-a i the course of the Project.
(inspeefians-Two (2) reviews 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
( ) inspeetiens-Two ( 2 ) reviews for any portion of the Work to determine final completion.
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AGENDA ITEM #3. b)
.5 Regular visits to the site by the Architect's mechanical, electrical, structural, and civil engineers
over the duration of the Project during construction
§ 4.2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in
Section 4.2.3, Construction Phase Services provided more than 60-ninety (901 days after 0-} the date of Substantial
Completion of the
, Work, shall be compensated as Additional Services to the extent the
Architect incurs additional cost in providing those Construction Phase SePviees.Services, and to the extent those
services are not within the scope of the Architect's convection -period responsibilities.
§ 4.2.5 If the services covered by this Agreement have not been completed within Thirty-six (3� 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 Serwiees.
Services to the extent the extended duration of the Project results in demonstrated reasonable expenses.
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, ineludi. ich, upon mutual agreement, may include 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.
§ 5.2 The Qvmer- sha 11 :-fi M—i sh- t—h A- S eMe es of a S aheduling C easu IM—in t -4 a * Is h Fall 1 b a r-esp ensib 1 e for- ear -eating the over-all
, ' Deleted .
§ 5.3 The Owner shall establish the Owner's budget for the Project, including (1) the budget for the Cost of the Work
as defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs.
The Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project until
final completion. The Owner shall furnish the services of a Cost Consultant that shall be responsible for preparing all
estimates of the Cost of the Work. If the Owner significantly or materially increases or decreases the Owner's budget
for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a
corresponding change in the Project's scope and quality.
§ 5.3.1 The Owner acknowledges that accelerated, phased or fast -track scheduling provides a benefit, but also carries
with it associated risks. Such risks include the Owner incurring costs for the Architect to coordinate and redesign
portions of the Project affected by procuring or installing elements of the Project prior to the completion of all relevant
Construction Documents, and costs for the Contractor to remove and replace previously installed Work. If the Owner
selects accelerated, phased or fast -track scheduling, the Owner agrees to include in the budget for the Project sufficient
contingencies to cover such costs.
§ 5.4 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The
When provided to the Owner in a timely manner, the Owner shall render decisions and approve the Architect's
submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the
Architect's services. The Architect shall provide submittals to the Owner in a timely manner.
§ 5.5 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the
site of the Project, and a written legal description of the site. The surveys and legal information shall include, as
applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands;
adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and
contours of the site; locations, dimensions, and other necessary data with respect to existing buildings, other
improvements and trees; and information concerning available utility services and lines, both public and private,
above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project
benchmark.
§ 5.6 The Owner shall famish services of geotechnical engineers, which may include test borings, test pits,
determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground
corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written
reports and appropriate recommendations.
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AGENDA ITEM #3. b)
§ 5.7 The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4.1.1.
§ 5.8 , the OvvneF shall fulfill its responsibilities as r-equife
in A I A Derufneat E2041M 2017, Sustainable Pr-ejeets Exhibit, attaehed to this Agreement. eleted .
§ 5.9 The Owner shall coordinate the services of ' . the
Owner's consultants with those services provided by the Architect with the Architect's involvement and assistance.
The Architect and its consultants shall also coordinate with any consultants separately engaged by the Owner provided
that the Owner's consultants fully cooperate in these efforts. Upon the Architect's request, the Owner shall furnish
copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall
furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement,
or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and
demonstrates that they are reasonably required by the scope of the Pr-ejeet.-Project and the Owner agrees. The Owner
shall require that its consultants and contractors maintain insurance, including professional liability insurance, as
appropriate to the services or work provided.
§ 5.10 Unless otherwise provided for under this Agreement, the Owner shall, during construction,
furnish tests, inspections and reports required by law or the Contract ,
ahemiewmal te-sts, tests fer- air- and water- pollution, and tests for- Documents and tests for hazardous
materials. The Architect's review of such tests, inspections and reports shall be included as a part of the Architect's
compensation for Basic Services.
§ 5.11 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be
reasonably necessary at any time for the Project to meet the Owner's needs and interests. The Owner is not required to
furnish these services for the Architect's benefit.
§ 5.12 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. The
Owner's failure to so notify shall not relieve the Architect of its responsibilities under this Agreement, and the Owner
shall have no duty of observation, inspection or investigation.
§ 5.13 The Architect shall endeavor to contemporaneously provide the Owner with copies of all written
communications between the Architect and the Contractor concerning the cost, time, sequence, scope, or requirements
of the Project. The Owner shall endeavor to include the Architect in all communications with the Contractor that relate
to or affect the Architect's services or professional responsibilities. The Owner shall endeavor to promptly notify the
Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to
the Project. Communications by and with the Architect's consultants shall be through the Architect.
§ 5.14 Before the Owner executes the Contract for
Construction, the Architect may review the proposed form of Contract and provide comments to the Owner, for the
purposes of coordinating the Architect's duties and responsibilities set forth in the Contract for Construction with the
Architect's services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed
agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction.
§ 5.15 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall
obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress.
§ 5.16 Within 445-gLiKOLL301days after receipt of a written request from the Architect, the Owner shall furnish the
requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights.
ARTICLE 6 COST OF THE WORK
§ 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements
of the Project as designed or specified by the Architect and shall inshide-include, among other things, the contractors'
general conditions costs, overhead and profit. The Cost of the Work ,
materials, and equipment, donated to, er- ether -wise fumished by, the ONN%en The Cost of the Work shall include the
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AGENDA ITEM #3. b)
cost projected to the time of bid opening of labor and materials to be provided by the Contractor under the Contract for
Construction. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time
of bidding and for changes in the Work related to design. The Cost of the Work does not include equipment furnished
by the Owner through separate contracts, if any. The Cost of the Work also does not include the compensation of the
Ar-shitest�,the Architect or the Architect's consultants: the costs of the land, rights -of -way, finaneing, or- eentingeneies
for -sales tax, financing, Owner contingencies for elective 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 lafeFmatien, and shall be adjusted dwoughe
the Pr-ejeet as required under- Seetions 5.3 . the Initial Information, and may be adjusted throughout the Project.
When the Project requirements have been sufficiently identified, and as described in Article 3 of this Agreement, the
Cost Consultant shall prepare a preliminary estimate of the Cost of the Work. As the design process progresses
through the end of the preparation of the Construction Documents, the Cost Consultant, shall update and refine the
preliminary estimate of the Cost of the Work and analyze changes in estimated costs to monitor changes in quantity,
quality, prices and assumptions. If at any time the Cost Consultant's estimate of the Cost of the Work exceeds the
budget, the Architect shall cooperate with the Owner to make appropriate recommendations to adjust the Project's
size, quality or budget. Evaluations of the Owner's budget for the Cost of the Work represent the Architect's judgment
as a design professional.
§ 6.3 The -In preparing estimates of the Cost of the Work, Owner shall require the Cost Consultant to include
appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates of
the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost
of the Work the Cost Consultant prepares as the Architect progresses with its Basic Services. The Architect shall
prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the
Cost Consultant's inaccuracies or incompleteness in preparing cost estimates, or due to market conditions the
Architect could not reasonably anticipate. The Architect may review the Cost Consultant's estimates solely -for the
Architect's guidance in completion of its services and shall report to the Owner any
material inaccuracies and inconsistencies noted during any such review.
§ 6.4 If, prior to the conclusion of the Design Development Phase, the Cost Consultant's estimate of the Cost of the
Work exceeds the Owner's budget for the Cost of the Work, the Architect, in consultation with the Cost Consultant,
Consultant and the Owner, shall make appropriate recommendations to the Owner to adjust the Project's size, quality
or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making -considering such
adjustments.
§ 6.5 If the estimate of the Cost of the Work at the conclusion of the Design Development Phase or during the
Construction Documents Phase exceeds the Owner's budget for the Cost of the Work, the Owner shall
.1 give written approval of an increase ia-the budget for the Cost of the Work;
.2 terminate in accordance with Section 9.5;
.3 in consultation with the Architect, revise the Project program, scope, eand/or quality to the
extent consistent with the requirements of the program and the Project as required to reduce the Cost of
the Work; or,
.4 implement any other mutually acceptable alteFse&io-.alternative, including protective alternate bids
proposed by the Architect for the Owner's consideration as may be necessary to adjust the estimated
Cost of the Work to meet the Owner's budget for the Cost of the Work.
§ 6.6 If the Owner chooses to proceed under Section 6.5.3, the , Architect
shall incorporate the revisions in the Construction Documents Phase as necessary to comply with the Owner's budget
for the Cost of the Work at the conclusion of the Design Development Phase Services, or the budget as adjusted under
Section 6.5.1. Such revisions shall be without additional compensation if the revisions are necessitated by the
Architect's improper performance of services, but, if the revisions are required through no fault of the Architect, they
will be treated as an Additional Service. The Architect's revisions in the Construction Documents Phase shall be the
lhrie€�he Architect's responsibility under this Article 6.
§ 6.6.1 If the lowest bona fide bid exceeds the budget for the Cost of the Work by more than five percent (5%), the
Owner, at its sole option, shall:
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AGENDA ITEM #3. b)
.1 accept the bid,
.2 authorize rebidding of the Project within a reasonable time;
.3 terminate in accordance with this Agreement; or
.4 cooperate in revising the Project scope and/or quality to the extent consistent with the requirements of
the program and the Project to reduce the Cost of the Work.
§ 6.6.2 If the Owner chooses to proceed under Section 6.6.1.4, the Architect shall modify the documents for which the
Architect is responsible under this Agreement as necessary to comply with the budget for the Cost of the Work. Such
modifications shall be without additional compensation if necessitated by the Architect's improper performance of
services, but, if the modifications are required through no fault of the Architect, they will be treated as an Additional
Service. The modification of such documents shall be the limit of the Architect's responsibility under Section 6.6.1.4.
§ 6.7 After incorporation of modifications under Section 6.6, the Architect shall, as an Additional Service, make any
additional required revisions to the Drawings, Specifications or other documents necessitated by subsequent cost
estimates that exceed the Owner's budget for the Cost of the Work, except when the excess is due to changes initiated
by the Architect in scope, basic systems, or the kinds and quality of materials, finishes or equipment.
ARTICLE 7 COPYRIGHTS AND LICENSES
§ 7.1 Drawings, Specifications, materials, models, renderings, and other documents, including those in electronic
form, prepared by the Architect and the Architect's consultants are Instruments of Service. The Architect and the
Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the
copyright owner of such information or has permission from the copyright owner to transmit such information for its
use on the Project. Any information on computer media provided to the Owner and the Contractor is for informational
purposes only. Upon request by the Owner, the Architect shall provide electronic copies, including CADD, Word, and
similar files to the Owner for the Owner's use at no additional cost. If, for any reason, a conflict occurs between
information on the computer media and the stamped, signed documents, the information on the signed, stamped
documents shall govern and be considered correct.
§ 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective
Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and
other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official
regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in
derogation of the reserved rights of the Architect and the Architect's consultants.
§ 7.3 Regardless of any termination except as specifically set forth below, the Architect grants to the Owner a
nonexclusive license to use and reproduce, in any medium and without additional cost, the Architect's Instruments of
Service solely and exclusively for purposes of constructing, completing, sing, expanding, modernizing, maintaining,.
altering and adding to the Project, provided that the Owner substantially performs its obligations under this
Agreement, including prompt payment of all sums due pursuant to Article 9 and Article 11. The Architect shall obtain
similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted
under this section permits the Owner to authorize the Contractor, Subcontractors, Sub -subcontractors, and suppliers,
as well as the Owner's consultants and separate contractors, to reproduce at no additional cost applicable portions of
the Instruments of Service, , solely and exclusively for use
in performing services or onstructing, completing, using, expanding, modernizing, and
maintaining the Project or subsequent projects of the Owner on this site. The Owner may further authorize
credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections, or
additions to the Instruments of Service for the above purposes. If the Architect rightfully terminates this Agreement
for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate.
§ 7.3.1 In the event the Owner uses the Instruments of Service for other projects or for any purpose following a
termination of this Agreement other than for cause under Section 9.4 without retaining the authors of the Instruments
of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising
from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the
Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of
action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the
[nit. protected
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AGENDA ITEM #3. b)
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 licenses granted in this Article 7, no other license or right shall be deemed granted or implied under
this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted
herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments
of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants.
§ 7.5 Except as otherwise stated in Section 7.3, the provisions of this Article 7 shall survive the termination of this
Agreement.
ARTICLE 8 CLAIMS AND DISPUTES
§ 8.1 General
§ 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or
related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding
dispute resolution method selected in this Agreement and within the period specified by applicable lawy
ease not more than 10 yeaFs afteF the date of Sub-su—mfial Completion of the Work. law. The Owner and Architect waive
all claims and causes of action not commenced in accordance with the time requirements of 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 the revised AIA Document A201-2017, General
Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the
contractors, consultants, agents and employees of any of them, similar waivers in favor of the other parties enumerated
herein.
§ 8.1.3 The Architect shall indemnify and hold the '
against damages, losses eadjudgments arising Owner, its successors and assigns, the Renton School District, and the
Owner's directors, officers and employees ("Indemnified Parties") harmless, from and against damages, losses, harm,
liabilities, expenses and judgments arising or resulting from claims by third parties, including reasonable attorneys'
fees and e"e-;;S;Ar, mpni.,Arable under- applisable law, but only to the extent they are eaused by the negligent aets e
harmless dee-s ;-;F-lt iffig-Ifflid-e -R duty to defend. The duty to indemnify the Owfler-under- this Seetien -9.1-A shafl
be limited to the available pr-eeeeds ef the i Page required by this fees, costs, and others
litigation expenses ("damages") to the extent arising out of any willful misfeasance, bad faith or negligence in, or
reckless disregard of. (i) the performance of the services by, (ii) the obligations of, or (iii) the acts or omissions of, the
Architect or any of its consultants of anytier, their respective successors and assigns, the directors, officers,
employees, and agents of each of them, or anyone acting on the Architect's behalf in connection with this Agreement
or its performance. The damages covered by this indemnification and hold harmless duty include without limitation
reasonable attorneys' fees incurred on such claims.
The Architect is not required to defend, indemnify, or hold harmless any of the Indemnified Parties against claims or
damages caused by or resulting from the sole negligence of the Indemnified Parties. If such claims or damages are
caused by or result from the concurrent negligence of the Indemnified Parties and of the Architect or its agents,
consultants or employees, then the Architect's indemnity, and hold harmless obligations hereunder shall be limited to
the proportionate extent of the negligence of the Architect and its agents, consultants or employees.
In claims against anyperson or entity indemnified under this Section 8.1.3 by an employee of the Architect, any of its
consultants of any tier, anyone directly or indirectly employed by them or anyone for whose acts they are liable, the
obligations under this Section 8.1.3 shall not be limited by the amount or We of damages, compensation or benefits
payable by or for the Architect or a consultant under workers' compensation acts, disability benefit acts or other
employee benefit acts. After mutual negotiation of the parties, the Architect expressly waives immunity as to the
Owner under Title 51 RCW, "Industrial Insurance", however, such waiver of immunit +may applies to claims against
the Owner and does not extend to direct claims against the Architect by Architect's employees.
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AGENDA ITEM #3. b)
§ 8.1.4 The Architect and Owner waive consequential damages for claims, disputes, or other matters in question,
arising out of or relating to this Agreerlaeat—.Agreement as between themselves, but not as such claims may be asserted
or pursued by third parties. This mutual waiver is applicable, without limitation, to all consequential damages due to
either party's termination of this Agreement, except as specifically provided in Section 9.7.
§ 8.2 Mediation
§ 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be suhjeet-te
mediatkm—(a "Dispute") shall be exclusively subject to the following alternative dispute resolution procedure in an
effort to reduce the incidence and costs of extended disputes and as a condition precedent to binding dispute
r-esolu4ion-resolution by either party. This requirement cannot be waived except by an explicit written waiver signed
by the Owner and the Architect. If such matter relates to or is the subject of alien arising out of the Architect's
services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing
deadlines prior to resolution of the matter by mediation or by binding dispute resolution. The parties will cooperate in
good faith and attempt to resolve any Dispute that arises prior to mediation.
§ 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them
by mediation, which, unless the parties mutually agree etlterwis"therwise or cannot themselves agree to the
selection of a mediator within thiM (30) days of the request for mediation, shall be administered by the American
Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this
Agreement. A request for mediation shall be made in wring; writing and delivered to the other party to this
Agreement, and -Agreement. If the parties are unable to select a mutually acceptable mediator within thirty (30) days of
the request for mediation, the request may be filed with the person or entity administering the mediation. The request
may be made eeneuffently A4th the filing of a eemplaint or- other- appFepriete demend for- binding dispuw 4masellutie"a
but, in sueh event, mediation or the American Arbitration Association. Mediation shall proceed in advance
of binding dispute resolution proceedings, which shall be stayed pending mediation
date of filing, unless stayed fer- a longer- peried by agreement ef the paFties or- eeuA or -den if an ar-bitFatien pr-eeeedifig
is stayed pursuant te this seefien, the paFties may nonetheless pr-eeeed to the seleetien of the arbitmter-(s) and agree
if binding dispute resolution proceedings are initiated before the mediation. A
principal of the Architect and the Superintendent or designee of the Owner, both having full authority to settle the
Dispute, must attend the mediation session. To the extent there are other parties in interest, such as the Contractor,
Subcontractors, suppliers, and/or consultants, their representatives, with full authority to settle all pending Disputes or
claims, may also attend the mediation session. Unless the Owner and the Architect mutually agree in writing
otherwise, all unresolved claims shall be considered at a single mediation session which shall occur prior to Final
Acceptance of the Project by the Owner. Neither party may commence litigation on a Dispute unless the Dispute has
been properly raised and considered in the above mediation procedure.
§ 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the glace
...t,e.e +the n..e:eet is ieeated, King County, Washin on, unless another location is mutually agreed upon. Agreements
reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.
§ 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding
dispute resolution shall be the following:
(Check the appropriate box.)
r t Oahe... ice. e :fyq
X ] Litigation in King County Superior Court for the State of Washington located in Kent, King County,
Washington
If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in
writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent
jurisdiction.
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AGENDA ITEM #3. b)
§ 8.3 ArblffatiGn
Agreement,
,
da4e of this Agreement. A de-PH—All-d- ffir-b-it-fati-631-3 Sh-all h--0 Made in Wr-itifig, dehVeFed W the other- party te this
AgFeement, and filed with the pefsen or- entity adwAnister-ing the mediation shall be subjeet to ar-bitEation, whieh, unless the pafties mutually agree ether -wise, shall We
mediation,§ 8.3.1.1 A d8H18fid fBF aribitFatiea shall be madene eadier Own reneimently vAth the filing efa request for-
question.puTeses, meeipt ef a written demand far- ar-bitfatien by the per -son or- entity administering the afbitfatien shall
A-enstim-te dhe insfi4Wea ef legal er- equitable pr-eeeedings ba-sed- Am- fifflie elaifa, dispute er- other- matter- in
§ 8.3.4.4 Either- party, at its sole diseretien, may esenselidate —R;;. Aff-h- it-f-Afiffin A- AM; du rwtp-d- i—va d-er- this Agr-eefaent A4� any
... ,
eemmen question ef law er- fast whese pre . . d if eemplete relief is to be aeC-Iffir-d-P-A- in Aff-h-i-Iffatien, provided
per -son or- entity shall not aefflas"Ute e&—asAffit tA- of any elaim, dispute or- ether- matter- in question not
18.3.4.3 The gymeF and Ar-ehiteet grant to any pemen or- entity made a patty to an a0bi-#-a4i-A-n A- A-n dueted under- this
Ar-ehiteet under- this AgFeement.
18.4 The provisions of this Ar-tiele 8 shall sufvive the teFininatien ef this AgFeement-.
§ 8.2.5 In the event of a claim, dispute, or other matter in question arises between the Owner and Architect, the
Architect shall continue to perform the services required by this Agreement without interruption or delay provided that
the Owner continues to pay all undisputed amounts owing to the Architect.
ARTICLE 9 TERMINATION OR SUSPENSION
§ 9.1 If the Owner fails to make payments for non -disputed amounts to the Architect in accordance with this
Agreement, such failure shall be considered substantial nonperformance , and, at the
Architect's option, cause for suspension of performance of services under this Agreement. If the Architect rp openly
elects to suspend services, the Architect shall give seven -fourteen (14) days' written notice to the Owner before
suspending sep.,".es. n; P•"A~' A-f services in the event the Owner has failed to cure such nonperformance. In the
event of such a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused
the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all
non -disputed sums due prior to suspension and any expenses incurred in the interruption and resumption of the
Architect's services. The Architect's fees -Fee for the remaining services and the time schedules shall be equitably
adjusted.
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AGENDA ITEM #3. b)
§ 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of
such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in -as a result
of the interruption and resumption of the Architect's seFviees The Iffehiteet's c es services only if the Owner
suspends the Project for more than thiM (30) consecutive days. The Architect's Fee for the remaining services and the
time schedules shall be equitably adjusted.
§ 9.3 If the Owner suspends the Project for more than 90-180 cumulative days for reasons other than the fault of the
Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice.
§ 9.4 Either party may terminate this Agreement upon not less than seven -seven 7 days' written notice should the
other party fail substantially or materially to perform in accordance with the terms of this Agreement through no fault
of the party initiating the teFminafiea:the termination, during which seven-day period the party respondingto o the
notice shall have the right to cure the default. In the event of such termination by the Owner, the Owner shall have the
right (but not the obligation) to take over performance of the Architect's services for the Project and prosecute the
same to completion, by contract or otherwise, and all finished or unfinished Instruments of Service, including without
limitation documents, data, studies, surveys, drawings, maps, models, photographs, and reports, prepared by or for the
benefit of the Architect shall, at the option of the Owner, become the Owner's property.
§ 9.5 The Owner may terminate this Agreement upon not less than seven -seven 7 days' written notice to the Architect
for the Owner's convenience and without cause. In that event, the Owner shall be entitled to all finished and
unfinished Instruments of Service, and the Owner shall release, indemnify, and hold harmless the Architect from any
claims arising from the Owner's subsequent use of such documents and materials.
§ 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or- the Ar-ehiteet tennifiates
the Owner shall compensate the Architect onbLfor services satisfactorily
performed prior to termination, Reimbursable Expenses incurred, and costs attributable to termination, including the
costs attributable to the Architect's termination of consultant agreements.
§ 9.7 In addition to any amounts paid under Section 9.6, if the Owner terminates this Agreement for its convenience
pursuant to Section 9.5, er-the Owner shall pay to the
Architect the following fees -.Termination Fees. The Termination Fees set forth below are full compensation for all
damages and expenses directly and indirectly attributable to termination for which the Architect is not otherwise
compensated under this Agreement, including but not limited to the Architect's anticipated profit on the value of the
services not performed by the Architect.
(Set forth below the amount of any termination or licensing fee, or the method for determining any termination or
licensing fee)
Termination Fee:
.1 Five percent (5%) of the total compensation for the Architect's services earned to date of
termination, if termination occurs before or during the Schematic Design Phase, unless
termination is due to lack of funding in which case no Termination Expenses are due: or
Lieensing Fee if the Owner- intends to eentinue using the AFehiteet's lns4umeats of Ser-viee!
Three percent (3%) of the total compensation for the Architect's services earned to date of termination
if termination occurs during the Design Development Phase, unless termination is due to lack of
funding in which case no Termination Expenses are due: or
.3 One percent (1%) of the total compensation for the Architect's services earned to date of
termination, if termination occurs during any subsequent phase.
§ 9.8 ,
Substantial Camp! eleted .
§ 9.9 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement
are set forth in Article 7 and Seetie„ 97 7
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AGENDA ITEM #3. b)
ARTICLE 10 MISCELLANEOUS PROVISIONS
§ 10.1 This Agreement shall be governed by the internal law of the ,State of
Washington, excluding that jurisdiction's choice of law rules.
§ 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2017, General
Conditions of the Contract for Construction.
§ 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal
representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written
consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project
if the lender agrees to assume the Owner's rights and obligations under this Agreement, including any payments due to
the Architect by the Owner prior to the assignment.
§ 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be
submitted to the Architect for review at least 44fourteen (14) days prior to the requested dates of execution. If the
Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect
shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to
the Architect for review at least 44-fourteen (14) days prior to execution. The Architect shall not be required to execute
certificates or consents that would require knowledge, services, or responsibilities beyond the scope of this
Agreement.
§ 10.5 Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of,
a third party against either the Owner or Architect.
§ 10.8 The Architect shall have no responsibility for the discovery,
presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any
form at the Project site.
§ 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project
among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the
completed Project to make such representations. However, the Architect's materials shall not include the Owner's
confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific
information considered by the Owner to be confidential or proprietary. The Owner shall endeavor to provide
professional credit for the Architect in the Owner's promotional materials for the Project. This Section 10.7 shall
survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section
9.4.
§ 10.8 "business
. The Architect shall maintain accounts
and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of
this Agreement that is billed on an hourly or cost -reimbursement basis and retain such records for as longas s may be
required by applicable Washington State records retention laws, but in any event no less than six (6) years after the
termination of this Agreement. The Architect agrees provide access to and copies of any records related to this
Agreement as required by the Owner to audit expenditures and charges and/or to comply with the Washington State
Public Records Act, Chapter 42.56 RCW. The provisions of this Section shall survive the expiration or termination of
this Agreement.
§ 10.8.1
neeessar-y for- the meeiving paAy to defend itself in any dispu4e. The meeiving paAy may also diselese sue
To the full extent the Owner determines necessary to
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AGENDA ITEM #3. b)
comply with the Washington State Public Records Act, The Architect shall make a due diligent search of all records in
its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail,
correspondence, notes, saved telephone messages, recordings_ photos, or drawings and provide them to the City for
production. In the event the Architect believes said records need to be protected from disclosure, it may, at the
Architect's own expense, seek judicial protection. The Architect shall indemnify, defend, and hold harmless the
Owner for all costs, including attorneys' fees, attendant to any claim or litigation related to a Public Records Act
request for which the Architect has responsive records and for which the Architect has intentionally withheld records
or information contained therein, or not provided them to the Owner in a timely manner. The Architect shall produce
for distribution any and all records responsive to a Public Records Act request in a timely manner, unless those records
are protected by court order. The provisions of this Section shall survive the expiration or termination of this
Agreement.
§ 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions.
If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then
that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the
Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties' intentions and
purposes in executing the Agreement.
§ 10.10 The Architect assures the Owner that it endeavors to comply with all state and federal laws, guidelines, and
regulations and does not discriminate on the basis of race, creed, color, national origin, sex, sexual orientation, marital
status, age, veteran status, or disability. This is in accordance with Title VI of the 1964 Civil Rights Act; Section 504
of the Rehabilitation Act, 1973, as amended; Americans with Disabilities Act, July 26, 1990, P.L. 101-336; and
Title IX of the Education Amendments of 1972, as amended.
410.11 The Architect shall obtain a City of Renton Business License prior to performance of any Work related to this
Agreement and maintain such business license in good standing throughout the term of this Agreement.
ARTICLE 11 COMPENSATION
§ 11.1 For the Architect's Basic Services described under Article -3—,3 and otherwise in this Agreement, the Owner shall
compensate the Architect as follows:
_.._ .__....4.....}%-e€the Ovmer?
4l Fee. Compensation for Basic and Supplemental Services of the Architect shall be the sum of Phase 1
and Phase 2. as further described in Section 11.5 below. Phase 1 amounts have been paid to the Architect
tr:or to the execution date of this Agreement. This basic compensation shall not be chap ed after bids are
opened, even if the accepted bids are less than or exceed the Owner's budget, The Fee to be paid to the
,Architect is further described in Exhibit A, which shall apply only to the extent consistent with the provisions
.of this Asmement. The Architect's Fee includes the cost of consultants retained by the Architect under Basic
and Supplemental Services.
2 Oth A
be as specified in Section 11.3. The Architect will not be eAtit led to additional compensation for costs
each invoice documentation as reasonably requested by the Owner supporting any additional compensation
under this Section.
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protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may 28
result in severe civil and criminal penalties, and will be prosecuted to the maximum extent passible under the law This document was produced by AIA
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User Notes: (1949324922)
AGENDA ITEM #3. b)
Alternates. The Architect will not be compensated for protective alternates, but will be compensated for
other alternate bids prepared for the Owner's benefit if requested by the Owner and approved in advance and
in writing.
§ 11.2 For the Architect's Supplemental Services designated in Section 4.1.1 and for any Sustainability Services
required pursuant to Section 4.1.3, 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.)
Compensation for Supplemental Services designated in Section 4.1 shall be calculated according to Exhibit A. The
Architect's entitlement to such additional compensation shall be subject to the provisions of this Agreement,
§ 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the
Owner shall compensate the Architect as follows:
(Insert amount of, or basis for, compensation)
Compensation for Additional Services that may arise during the course of the Project shall be calculated -according to
Exhibit A. The Architect's entitlement to such additional compensation shall be subiect to the provisions of this
Agreement.
§ 11.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in
Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus Pereext--(s , er'aS-fellews:
(Ikser4-ameter3f errb�sisfer ee�gg- ehifeed'�eB eekant�1eBrnperfs�tie {e Seepplementader�4 tena�
Se?zviees�
Seven percent (.I9 ). r% /d s 4
§ 11.5 When compensation for Basic and Supplemental. Services is based on a stipulated sum or a percentage basis, the
proportion of compensation for each phase of services shall be as follows:
Phase 1— Desili n and Construction (CAG-18-127)
Pre -Design Phase $86,263.75
Schematic Design Phase $992,584.20
Phase 1 Basic and $178,847.95
Supplemental Compensation
Phase 2 — Concept and Programming
Pre -Design Phas
$15,924.25 pemeat--(
1
%)
Schematic Design Phase
$117,676.80 (
10
°�
Design Development Phase
$273,652 per6ent
(
22
%)
Construction Documents
449 339 percent
36
%)
Phase
Procurement Phase
$29,268 pef-6eat
2
%)
Construction Phase
(
$341,381 pereent
28
%)
Closeout
(
11,65
1
%
Total Basis Phase 2 Basic and
one-hun ed perseat
100
%)
Supplemental Compensation
$1,239,097.05
Total Basic and $1,417,945
Supplemental Compensation
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Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may 29
result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA
/ software at 00:27:00 ET on 12/21/2018 under Order No.4725796241 which expires on 04/19/2019, and is not for resale.
User Notes: (1949324922)
AGENDA ITEM #3. b)
The Owner acknowledges that with an accelerated Project delivery or multiple bid package process, the Architect may
be providing its services in multiple Phases simultaneously. Therefore, the Architect shall be permitted to invoice
monthly in proportion to services performed in each Phase of Services, as appropriate.
§ 11.6 When eampensafien identified in Seetien 11. 1 is en a per-eentage basis, pr-egress payments fer- eaeh phase a
Basie SeEvie-es sh-all be ea I offlulated by multiplying the per-eentages identified in this Affiele by the O-Amer-'s most Ferse
budget for- the G es t a f 4— A- A i or-k. CoWeasation paid in pr- i . - i payments shall not be adjusted based an
subsequem updates to the ' Deleted .
§ 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not
constructed, compensation for those portions of the Project shall be payable to the extent services are performed on
those portions. The Architect shall be entitled to compensation in accordance with this Agreement for all services
satisfactorily and properly performed whether or not the Construction Phase is commenced.
§ 11.7 The hourly billing rates for services of the Architect and the Architect's consultants are set forth below. The
rates shall be adjusted not less frequently than annually in accordance with the Architect's and Architect's consultants'
normal review practices.
(If applicable, attach an exhibit of hourly billing rates or insert them below)
Employee or Category
See Exhibit A
Rate ($0.00)
§ 11.8 Compensation for Reimbursable Expenses
§ 11.8.1 Reimbursable Expenses are in addition to compensation for Basic, Supplemental, and Additional Services and
include reasonable expenses incurred by the Architect and the Architect's consultants directly related to the Project, as
follows:
.1 Tfanspettatieffand-Pre-and authorized out-of-town travel and subsistence;
.2 ,
ate -Dedicated data and communication services if required at the Project site and within the Owner's
agpproval, teleconferences, Project web sites, and Project extranets;
.3 Permitting and other fees required by authorities having jurisdiction over the Project;
.4 ;Printing and reproductions for all
design -review documents required for submittal to the Owner for review (but not reproduction for the
office use of the Architect or its consultants), sets required by governmental authorities having
Jurisdiction over the Project and bidding documents for which the Owner does not pay directly: where
possible the Owner will pay plan -checking and permit fees directly to the applicable a eg ncy
.5 Postage, handling, and de!We �-,delivery of Instruments of Service (the Owner may pay directly for the
reproduction of Bidding Documents):
.6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner;
.7 Renderings, physical models, mock-ups, professional photography, and presentation materials
requested by the Owner or required for the Rrejest;
.8 if r-equked by the 0-4%er-, and with the 0%%er's prior- written approval, the Ar-ehiteet's eensaltan
eensuUants,Proiect excluding computer -generated renderings, models and mockups prepared by the
Architect's in-house staff during the course of design:
.9 All-.8 All sales but not B&O or income taxes levied on professional services and on reimbursable
expenses;
1e Site erfiee e
•A ni
.11 U t al fien tees an-d- any J other- fee eh e.i b the CeFgfyi v A„tl.e,.:ty r b other- entities as
neeessar-y to aehieve the Sustainable ; ,.9 Site office expenses when pre -approved by
the Owner: and
:12 ntweF ski...�Tejeest l.,t�P dit 11 Other similar Project -related expenditures
vsaxci va, ccc-Fi-nr cei:axc�ev�..
pre -approved by the Owner.
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Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may 30
result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA
f software at 00:27:00 ET on 12/21/2018 under Order No.4725796241 which expires on 04/19/2019, and is not for resale.
User Notes: (1949324922)
AGENDA ITEM #3. b)
§ 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the
Architect's consultants plus fifteen percent ( 15 %) of the expenses incurred.
§ 11.9 '
Deleted .
§ 11.10 Payments to the Architect
§ 11.10.1 Initial Payments
§ 11.10.1.1 An initial payment of Zero dollars ($ Q-) 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.
I($ )shall be made upon eywoufien of this Agreement for registration fee-S ;—i;;d- edheff- fees payable to the Certifying
§ 11.10.2 Progress Payments
§ 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services pef&Fmed.
' performed within
each phase. Payments are due and payable thirty (30) days from the date of receipt of the Architect's invoice, provided
that the Architect's invoice is received by the Owner by the tenth (1 Oth) of the month and provided that the Architect
is entitled to payment as provided in this Agreement. Amounts unpaid Sixty ( 60) days after the invoice date shall bear
interest at the rate entered b a 1 ew,
below.
(Insert rate of monthly or annual interest agreed upon)
%—The Bank of Americaprime rate plus two percent (2%) per annum.
§ 11.10.2.2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated
damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work,
unless the Architect agrees or is liable
for the amounts.
§ 11.10.2.3 Reeevds Af R aim ufsable Empenses,
Upon
request, the Architect shall provide the Owner with access to its records for inspection, audit, and reproduction and
with an accounting of any services of the Architect or of any of its consultants of any tier. The accounting of services
shall detail the services performed, the amounts paid to a consultant (supported by copies of all paid invoices) and such
other information as the Owner may reasonably request. The Owner shall not be obligated to make any payment to any
consultant, and the Owner is not obligated to reimburse the Architect for such payments if the amount thereof has been
taken into account in determining the basic compensation payable to the Architect under this Agreement. If the Owner
makes any such payment following a default on the part of the Architect and after reasonable notice from the Owner,
the Architect shall reimburse the Owner upon demand for the same, together with all related costs and expenses
incurred by the Owner.
ARTICLE 12 SPECIAL TERMS AND CONDITIONS
Special terms and conditions that modify this Agreement are as follows:
(Include other terms and conditions applicable to this Agreement.)
Init. AIA Document B103TM — 2017. Copyright ® 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIAm 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 31
result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA
/ software at 00:27:00 ET on 12/21/2018 under Order No.4725796241 which expires on 04/19/2019, and is not for resale.
User Notes: (1949324922)
AGENDA ITEM #3. b)
ARTICLE 13 SCOPE OF THE AGREEMENT
§ 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and
supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be
amended only by written instrument signed by both the Owner and Architect.
§ 13.2 This Agreement is comprised of the following documents identified below:
.1 AIA Document B 103TM-2017, Standard Form Agreement Between Owner and ArehiteetArchitect, as
revised
.2 4-3-,43uAdintinfe tatieu-Me4eli$gaR&$igita1DiAa-1*§iit-,dated+es
indieated4eleiw
(Insert-the-date-sfAe-E293-2013 rperafed-inte-th4-agreement)
.3Exhibits:
(Check the appropriate box for any exhibits incorporated into this Agreement)
[ ] AIA Document E204T'"-2017, Sustainable Projects Exhibit, dated as indicated below:
(Insert the date of the E204-2017 incorporated into this agreement.)
[ XI Other Exhibits incorporated into this Agreement:
(Clearly identify any other exhibits incorporated into this Agreement, including any exhibits
and scopes of services identified as exhibits in Section 4.1.2)
Exhibit A Architect Proposal for Basic and Supplemental Design Services
.4.3 Other documents:
(List other documents, if any, forming part of the Agreement.)
This Agreement entered into as of the day and year first written above.
OWNER: CITY OF RENTON
OWNER -(Signature}
ARCHITECT: BAYLIS ARCHITECTS, INC.
ARCHITECT (Signature)
BXL
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[nit. protected by U.S. Copyright Law and International Treaties_ Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may 32
result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA
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User Notes: (1949324922)
AGENDA ITEM #3. b)
Date
Attest
Jason A. Seth
City Clerk
Approved as to Legal Form
Shane Moloney
Renton City Attorney
(PrMted name and WW
ate
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Init. protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may 33
result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA
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User Notes: (1949324922)
AGENDA ITEM #3. b)
Certification of Document's Authenticity
AIA® Document D40I TM - 2003
I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document
simultaneously with this certification at 00:27:00 ET on 12/21/2018 under Order No. 4725796241 from AIA Contract
Documents software and that in preparing the attached final document I made no changes to the original text of AIA®
Document B 103TM — 2017, Standard Form of Agreement Between Owner and Architect for a Complex Project, as
published by the AIA in its software, other than changes shown in the attached final document by underscoring added
text and striking over deleted text.
(Signed)
(Title)
(Dated)
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protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may
result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA
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User Notes: (1949324922)
AGENDA ITEM #3. b)
Exhibit A
FAMILY FIRST COMMUNITY CENTER
DESIGN FEES
December 16, 2018
FFCC BASIC SERVICES FEE CALCULATION
Pre SO DD CD BN CA Closeout Total
Structural CPL
$4,548
$9,095
$22,738
$34,561
$1,819
$18,190
$90,951
MEPF Sider+Byers
$12,840
$36,648
$75,114
$1,605
$24,610
$150,817
Interior Design
$13,910
$14,445
$15,515
$5,350
$14,980
$64,200 BN Hourly NTE
Subtotal Consultant Fees
$4,548
$35,845
$73,831
$125,190
$8,774
$57,780
$0
$305,968
Architectural
$113,200
$108,000
$167,400
$10,800
$145,800
$10,800
$556,000
TOTAL BASIC SERVICES
$4,548
$149,045
$181,831
$292,590
$19,574
$203,580
$10,800
$861,968
FFCC SUPPLEMENTAL SERVICES FEE CALCULATION
Pre
SD
DD
CD
BN
CA
Closeout
Total
Programming/Predesign Baylis
$67,000
$67,000
Entitlements Baylis
$17,000
$17,000
Community Outreach Baylis
$3,000
$3,000
Acoustics A3
$2,080
$2,311
$3,582
$231
$3,121
$231
$11,556
Sustainability Arch Ecology
$9,256
$14,477
$26,766
$2,440
$18,169
$71,108
LEED Certification Fees
$4,658
$4,658 Allowance
ELCCA Sider+Byers
$5,564
$1,338
$8,560
$15,462
Street Site Lighting Sider+ Byers
$0 Add. Services if required
Sustainability Sider +Byers
$2,215
$2,461
$3,815
$246
$3,322
$246
$12,305 LEED Coordination
Civil CPL
$5,350
$21,935
$32,100
$52,430
$2,140
$45,475
$159,430
Site Structural (Vault) CPL
$1,613
$1,792
$2,778
$179
$2,419
$179
$8,960 Allowance
Landscape WDG
$9,630
$12,840
$17,120
$8,560
$48,150
Specifications ABI
$632
$3,164
$12,658
$10,443
$1,583
$28,480
Bldg Envelope JRS
$3,959
$9,844
$28,355
$2,675
$44,619
$89,452
Construction Testing JRS
$9,416
$9,416
Door Hardware Allegion
$360
$400
$620
$40
$540
$40
$2,000 Allowance
Reimbursable Expenses
$1,440
$1,600
$2,480
$160
$2,160
$160
$8,000 Allowance
$97,640
$61,216
$91,821
$156,949
$9,694
$137,801
$856
$555,977
TOTAL SUPPLEMENTAL SERVICES
$555,977
SUBTOTAL BASIC DESIGN SERVICES
$861,968
SUBTOTAL SUPPLEMENTAL DESIGN SERVICES
$S55,977
TOTAL DESIGN FEE
$102,188
$210,261
$273,652
$449,539
$29,268
$341,381
$11,656
$1,417,945
Percentage
7%
15%
19%
32%
2%
24%
1%
100.00%
Fee includes 7% mark up on consultant services.
Basic Services fee per State Fee Schedule
Estimated Maximum Allowed Construction Cost
$
10,400,000
Estimated Basic Design Fees
8.00% $
832,000
Estimated Basic Design Fees by Phase
Prel
SD
DD
CD
BN
CA
Closeout
Percentage
18%
20%
31%
2%
27%
2%
100%
Fee Estimate
$149,760
$166,400
$257,920
$16,640
$224,640
$16,640
$832,000
Consultants retained by Owner
Land Survey
Geotech Engineer
Traffic Engineer
Hazardous Materials
Commissioning
Arborist
Environmental
FF& E
Art
Inspections
Security/Low Volt Bidder Designed
Audio/Visual Bidder Designed
Fire Protection Bidder Designed (Basis of Design
by Sider+ Byers)
Cost Estimating
Signage Design
ADA (if requested)
Pre
SD
DD
CD
BN
CA
Closeout
Total
Amount Paid to 11/30/18
$86,263.75
$92,584.20
$0.00
$0.00
$0.00
$0.00
$0.00
$178,847.95
Contract Amount Remaining
$15,924.25
$117,676.80
$273,652.00
$449,539.00
$29,268.00
$341,381.00
$11,656.00
$1,239,097.05
AGENDA ITEM #4. a)
AB - 2295
C[TY OF
-----wwwo�Renton uOl"'
SUBJECT/TITLE:
RECOMMENDED ACTION
DEPARTMENT:
STAFF CONTACT:
EXT.:
Expenditure Required: $342,500
Allocation of Lodging Tax Funding for 2019
Refer to Committee of the Whole
Community & Economic Development Department
Cliff Long, Economic Development Director
6591
The Lodging Tax Advisory Committee met on November 1, 2018, to approve and set a timeline for the
application process. Applications were made available on November 5, 2018 and a workshop for interested
applicants was held on November 9, 2018 at Renton City Hall. On November 30, 2018, 17 applications totaling
$538,622 were received.
The Lodging Tax Advisory Committee recommends Renton City Council approval 2019 expenditures from the
Lodging Tax Fund as follows:
• Renton Chamber of Commerce, Operation of Tourism Organization: $100,000
• City of Renton, Renton Community Marketing: $75,000
• International Assoc of Firefighters Local 864, 2019 Convention: $50,000
• Seattle TISI Sangam, Sangam Convention 2019: $30,000
• LTAC selected Community event sponsorships: $20,000
• Ravishing Women, Ravishing Women's Show: $15,000
• REEL Renton, Seattle Film Summit: $15,000
• City of Renton, Multicultural Festival: $10,000
• Coalition of Filipino American, Philippine Independence Day: $10,000
• NW Premier Jr. Football & Cheer, All Star weekend & Jamboree: $7,500
• City of Renton, Cruz the Loop: $5,000
• Renton Downtown Partnership, Wine Walks and Ladies Night: $5,000
Total Recommendation: $342,500
A. Issue Paper
B. 2019 LTAC Applicant Summary
Approve allocations for the 2019 Lodging Tax Fund as recommended by the Lodging Tax Advisory Committee
and authorize the Mayor and City Clerk to execute contracts with the successful applicants to expend
budgeted funds on the proposed additional marketing initiatives.
AGEND
DEPARTMENT OF COMMUNITY &
ECONOMIC DEVELOPMENT
M E M O R A N D U M
DATE:
December 20, 2018
TO:
Don Persson, Council President
Members of Renton City Council
CC:
Denis Law, Mayor
Robert Harrison, Chief Administrative Officer
FROM:
Cliff Long, Economic Development Director (x6591)
STAFF CONTACT:
Jessie Kotarski (x7271)
SUBJECT:
Allocation of Lodging Tax Funding for 2018
ISSUE
Should money from Lodging Tax funds be allocated to applicants to support tourism
marketing and operations as recommended by Renton's Lodging Tax Advisory
Committee (LTAC)?
RECOMMENDATION
Support the recommendation of the Lodging Tax Advisory Committee to allocate
$342,500 in lodging tax funding for 2019 as detailed in the attached matrix and
summarized below.
Additionally, staff recommends that the Mayor and City Clerk be allowed to execute
contracts with the successful applicants to expend budgeted funds on the proposed
additional marketing initiatives outlined below.
BACKGROUND SUMMARY
In accordance with RCW 67.28.1817, the City of Renton has established a Lodging Tax
Advisory Committee to recommend the allocation of lodging tax funds to Renton City
Council. The Committee was chaired by Councilmember Pavone and members include:
• Cathy Martinez, Legacy Hospitality (Hampton)
• Pina Purpero, Hyatt Regency Lake Washington at Seattle's Southport
• Jon Glenn, Renton Downtown Partnership
• Angela Mose, Red Lion Hotels
• Preeti Shridhar, City of Renton
Council "may only choose recipients from the list of candidates and recommended
amounts provided by the local lodging tax advisory committee." However, Council does
#4. a)
AGENDA ITEM #4. a)
Don Persson, Council President
Page 2 of 2
December 20, 2018
not have to fund the full list as recommended by the LTAC and can choose to make
awards in the recommended amounts to all, some, or none of the candidates on this
list.
The Lodging Tax Advisory Committee met on November 1, 2018, to approve and set a
timeline for the application process and directing staff to hold a workshop for interested
applicants on November 9, 2018. Applications were due on November 30, 2018, and 17
applications were received.
The Committee heard presentations from all applicants on December 10 and 14, 2018,
and met on again on December 18, 2018, to finalize its recommendations.
The Committee has elected to establish set aside funds in the amount of $20,000 to
support community events hosted by non-profit entities with limited budgets that will
help support the potential growth of activities/events in the future. All sponsorship
recipients will feature the Renton marketing logo and web address (visitrentonwa.com).
The Lodging Tax Advisory Committee recommends Renton City Council approve 2019
expenditures from the Lodging Tax Fund as follows:
• Renton Chamber of Commerce, Operation of Tourism Organization
• City of Renton, Renton Community Marketing
• International Assoc of Firefighters Local 864, 2019 Convention
• Seattle TISI Sangam, Sangam Convention 2019
• LTAC selected Community event sponsorships
• Ravishing Women, Ravishing Women's Show
• REEL Renton, Seattle Film Summit
• City of Renton, Multicultural Festival
• Coalition of Filipino American, Philippine Independence Day
• NW Premier Jr. Football & Cheer, All Star weekend & Jamboree
• City of Renton, Cruz the Loop
• Renton Downtown Partnership, Wine Walks and Ladies Night
Total Recommendation:
$100,000
$75,000
$50,000
$30,000
$20,000
$15,000
$15,000
$10,000
$10,000
$7,500
$5,000
$5,000
$342,500
These expenditures are recommended at a level less than anticipated in the 2018-2019
Renton City Budget as adopted by Council. Furthermore, they are consistent with the
goals of the City's Business Plan and Economic Development Strategic Plan.
Staff appreciates the thorough review given to each application by the Committee and
finds their recommendations are consistent with the goals of the City's Business Plan
and Economic Development Strategic Plan.
Grant Applicant
Date Application
Contact Information
Date of Event
Summary of Project or Event
Amount
Amount
LTAC notes
Event Name
Received
Requested
Recommended
1
Aerospace Machinist Joint Training
11/29/2018
Aaron Ferrell
21-Jun-19
Signing Day Ceremony in an annual state-wide celebration to
$30,000
$0
Committee Youth
aferrell@ajactraining.org
commemorate Washington's first Youth Apprentices as they
Apprenticeship Signing Day
launch their career in industries including aerospace,
manufacturing, automotive and healthcare.
2
City of Renton
11/30/2018
Kelly Beymer
7/6/2019
$8,500
$5,000
"Cruise the Loop" Celebration
kbeymer@rentonwa.gov
A one day event to celebrate the Renton Loop, a historical
pasttime in the 1960s which attracted car enthusiasts to cruise
425-430-6617
through Renton. The event's central location will be Renton High
425-766-2527 (cell)
School, featuring activities such as live music, historical exhibits,
raffle, food & beverage vendors, and kids activities.
3
City of Renton
11/30/2018
Kelly Beymer
June - September
$20,000
$0
A public program facilitated by the Parks and Trails Division of the
Farmers Market
kbeymer@rentonwa.gov
2019
Community Services Department of the City of Renton, is
4beyme-6617
requesting $20,000 of financial support from the Lodging Tax
425-766-2527 (cell)
$2,500 LTAC
Advisory Committee to help fund marketing and operations. RFM
sponsorship
will draw more than 50,000 shoppers to Downtown Renton
between June and September, providing income opportunities for
local farmers, vendors and restauranteurs.
4
City of Renton
11/30/2018
Kelly Beymer
June - September
$20,000
$0
Holiday Lights
kbeymer@rentonwa.gov
2019
Renton Holiday Lights comprises multiple holiday themed events
from the end of November through New Year's Day, including
425-430-6617
official tree lighting at Piazza Park, K-9 Candy Cane Dash, Clam
$2,500 LTAC
425-766-2527 (cell)
Lights and Polar Bear Dip. 2019 marks the 26th annual "Clam
sponsorship
Lights", a stunning display of trees and shrubs professionally
decorated with thousands of holiday lights not to be missed.
5
City of Renton
11/30/2018
Kelly Beymer
September 13 and
Organized by the City of Renton Inclusion Task Force, this 2-day
$25,500
$10,000
Renton Multicultural Festival
kbeymer@rentonwa.gov
14, 2019
event brings together our diverse community which residents and
$5,000 LTAC
425-430-6617
visitors experience through music, performances, ethnic cuisine,
sponsorship
crafts, and storytelling.
6
City of Renton
11/30/2018
Sonja Mejlaender
July 26-28, 2019
Renton River Days is a family -oriented community festival
$35,000
$0
Renton River Days
smejlaender@rentonwa.gov
comprised of events and activities which celebrates the amenities,
$2,500 LTAC
425-430-6514
heritage, culture, quality of life, and diversity of Renton and the
sponsorship
greater Renton community.
t
7
City of Renton
11/29/2018
Cliff Long
Ongoing
Having a long history of successfully promoting opportunities in
$75,000
$75,000
Renton Community Marketing
clong@rentonwa.gov
Renton, the group is working on developing a new strategic plan to
425-430-6591
identify target markets. This new strategy will focus directly on
425-757-2649 (cell)
business and visitor promotion in Renton and include information
on places to stay, eat and play in Renton as well as highlight
community assets.
8
Coalition of Filipino American
11/30/2018
Rolly Polintan
15-Jun-19
To hold COFAO's annual Philippine Independence anniversary in
$15,000
$10,000
Organization (COFAO)
rolly.filaminquirer@gmail.com
Renton, WA. The event includes mainly
Philippine Independence Day
253-205-1520
cultural and commemoration of how the Filipinos won its
independence from various regimes. About
400 people from different parts of Washington and neighboring
States will be invited.
9
International Association of
11/28/2018
Robert Hyslop
June 16 - June 21,
WSCFF holds a convention for the purpose of coordinating the
$50,000
$50,000
Firefighters Local 864
robert.h.hyslop@gmail.com
2019
organization's business plan for the year. Elections are held, the
WSCFF 2019 Convention
509-432-4190
budget is passed, and resolutions are proposed, debated and
voted upon. Renton Firefighters, IAFF Local 864, entered a bid at
the 2017 convention to host the WSCFF's 80th convention in 2019.
10
NW Premier Jr. Football and Cheer
11/27/2018
Clarence Presley
August and
Football and cheer workshops, addressing college prep,
$15,000
$7,500
All Star Weekend
clarencexpresley@gmail.com
November 2019
leadership, and motivation. Includes a celebratory banquet for
206-375-8074 (cell)
participants.
11
NW Youth Music Association
11/29/2018
Ed Petkavich 253-
7/6/2018
Drum corp summer festival to be held at Renton Stadium. NWYMA
$8,622
$0
Seattle Summer Music Games
394-6605
holds events in Renton, including the DCI Viewing Party at the
ed.petkavich@seattlecascades.org
event center, at least 6 show planning meetings and a critique
$2,500 LTAC
meeting at local restaurants and the annual 3-day NYMA board
sponsorship
meeting at a local Renton hotel.
12
API Chaya & Ravishing Women
11/30/2018
Menka Soni
24-Nov-19
Held last year at the Hyatt, this show features the Miss, Mrs., and
$20,000
$15,000
Ravishing Women's Show
soni_menka@hotmail.com
Miss Teen India Washington, Oregon & Albama pageant. It also
425-301-2255
includes food and non-food vendors, and entertainment.
425-418-7181 (cell)
13
reelRenton
11/29/2018
Ben Andrews
November 16 and
The Pacific Northwest houses a virtually undiscovered gold mine of
$25,000
$15,000
Renton Film Frenzy and other events
253-861-7755
17, 2019
creatives and storytellers untapped by other markets. The
reelrenton@gmail.com
Summit's collective network of filmmakers and production
companies provides SFS with a non -duplicated micro -targeted
reach to more than 100,000 Northwest filmmakers and other
digital content creators for its annual event.
14
Renton Chamber of Commerce
11/29/2018
Vicky Baxter vbaxter@gorenton.com
January- December
Visitor promotion of Renton via mediums such as a marketing
$126,000
$100,000
Operation of Tourism Organization
425-226-4560
2019
website, toll -free phone number, buyers/destination guide,
meeting planning assistance, dining guide, maps, familiarization
tours, partnering with the City of Renton to attract visitors to local
events, social media platforms, Visitor Center, annual Renton
Visitor Center report.
15
Renton Chamber of Commerce
11/29/2018
Brian Morris
September 6 - 8,
A multi -day event incorporating a traditional comic convention
$25,000
$0
RenCon
admin@rentoncomicon.com
2019
with areas representative of Renton, including technology, fantasy
206-914-8054
(i.e. Wizards of the Coast and gaming), and science.
16
Renton Downtown Partnership
11/29/2018
Jon Glenn
March 23, 2019 and
The three events including two wines walks (in June and
$10,000
$5,000
Wine Walks, Ladies Night, downtown
RDP@gorenton.com
June 7, 2019 and
September) and a new event, Ladies Night (in March), designed to
promotion
425-430-7271
September 27,
promote shopping in the Downtown and encourage unique
2019
offerings throughout the year to highlight Downtown Renton as a
vibrant destination to live, work and play.
17
Seattle TISI Sangam
11/30/2018
Bal Ram
May 25, 26 and 27,
Cultural sporting and education event held every and attracting
$30,000
$30,000
USA Sangam Convention 2019
bal929@hotmail.com
2019
people from Australia, New Zealand, Fiji, Canada and India.
253-632-2440
Total $538,622 322,500